Scotland: Independence Referendum

Lord Brennan Excerpts

Thursday 30th January 2014 Lords Chamber

[Lord Brennan (Lab)]

My Lords, the Motion so well introduced by the noble Lord, Lord Lang, wisely invites the House to note the implications of the forthcoming Scottish referendum. Secession by Scotland from the rest of the United Kingdom is of the greatest constitutional importance to the whole nation. What are those implications constitutionally? First, for the Parliament—or should I say Parliaments of the United Kingdom—if there is a yes vote, it is only the first step, or the beginning of the end. There is much to be done, and to be done by this Parliament. The agendas of defence, economics, banking, transport and education that we have gone through today, illustrate the scope of the Act of Parliament and consequential debates that we would have to undergo before we voted to implement actual independence. The Scottish certainly would require the same process, and I have not looked at the technicalities but the Welsh and Northern Irish might also be involved in their Assembly duties.

What is the reality of that? In September 2014, if there is a yes vote, there will be about six months of parliamentary time before the run-up to the 2015 general election for our country. Nothing will be achieved in those six months except, perhaps, a lot of political noise from north of the border if there has been a yes vote. The United Kingdom Parliament, elected in 2015, will have on the present count 59 MPs from Scotland. Let us forget for a moment the party-political demographics of that 59—it is a substantial part of the manpower of the House of Commons. There will come a time after a yes vote, if Parliament decides on an Act of independence to agree to secession, in which those 59 MPs will cease to act. On when and how, I am afraid that I am, as a lawyer, not convinced that this would be a matter for negotiation. I do not see how constitutionally a Member of Parliament can continue to sit in the Commons and act for a constituency that no longer exists as part of this country. In that event, within that Parliament, the structure of politics will suffer a major change. So the implication for our Parliament is much greater than the interests just of Scotland—it is the interests of the whole country.

If there is a yes vote, this Parliament will face a state of affairs in which huge amounts of parliamentary time will be needed to make a decision that the whole country will be looking at, particularly the citizens of England. If there is a no vote, the devolution argument will continue. If, as one suspects, the Scottish National Party wants a 47% yes vote and a 53% no vote, it will then tell the rest of the country, “We are on the way to more devolution. Let’s continue the fight. It will not go away”.

I turn now to the nature of the debate. It will require at the very least long parliamentary debates but also, perhaps, a Joint Committee or a parliamentary commission such as the banking standards commission that we have just had or, as the noble Lord, Lord Maclennan, said, a constitutional convention, probably irrespective of whether there is a yes vote or a no vote. These are major issues which will take up parliamentary time, and the debate has to involve the whole country.

As for the international implications, the international community at the beginning of the 21st century does not do independence-lite. The 70 years since the Second World War have produced a range of international institutions with extremely careful entry and membership requirements which will not be softened or changed for individual circumstances. Apart from the case of colonialism and freedom for various countries which survived that, and other than the fall of communism, I can find only two instances in the past 70 years in which the United Nations has accepted new members—namely East Timor after a civil war involving Indonesia, and South Sudan after a civil war with what is now Sudan. Somaliland has been a non-accepted “independent” country since 1991. It is simply wholly unreal to expect Scotland to enter any of the 10 or 15 international institutions which we can immediately think of that it would need to enter to be a respected and functioning member of the international community.

I never cease to admire the intellect and ingenuity of the noble Lord, Lord Kerr. His description of how the United Kingdom might help Scotland get into the European Union increased my admiration but did not help to convince me of the strength of his argument. Some countries in the European Union will never agree to a country such as Scotland coming into Europe because of their own interests, and neither will the United Nations. We therefore face an independent Scotland being in international limbo for years to come. To whom will the world look to safeguard international interests in which Scotland should play a part but cannot? It will look to the United Kingdom and our international duties will continue as before.

My last point is not extensive. There is no turning back. If Scotland becomes independent, that is it. If it chooses to leave the United Kingdom it will not be welcomed back save in the gravest of circumstances of hardship and need. That is a harsh reality to express but, constitutionally, it is almost inconceivable to think that it would return.

[Lord Ahmad of Wimbledon]

Before the next contribution, I again remind noble Lords that this is a time-limited debate and that when the clock strikes “7”, noble Lords should look to complete their comments.