Oral Answers to Questions

Lord Campbell of Pittenweem Excerpts

Wednesday 24th April 2013 Commons Chamber

[David Mundell]

The Government are committed to ensuring that there is connectivity within the United Kingdom, just as they are committed to ensuring that we stay a United Kingdom.

[Sir Menzies Campbell (North East Fife) (LD)]

Has my right hon. Friend considered that the sleeper service might be better served if there were electrification of the east coast main line between Edinburgh and Aberdeen? Coincidentally, that passes through my constituency, and the project would provide a better service for the stations of Ladybank, Cupar and Leuchars.

[David Mundell]

The right hon. and learned Gentleman is rightly always keen to promote his constituency interests, but he will be aware that that was one of the many projects that the Scottish National party said in opposition it would deliver—yet it does not seem to be on the agenda any more.

Oral Answers to Questions

Lord Campbell of Pittenweem Excerpts

Wednesday 13th February 2013 Commons Chamber

[Michael Moore]

The hon. Lady is entirely right to focus on the need for us to move on from the process arguments to the issues of substance for families across Scotland. I am delighted that yesterday in the Privy Council the section 30 order was approved so that now we will have a legal, fair and decisive referendum. In that referendum, we have to discuss the big issues. As we have seen this week with the legal paper, which will be followed by others on the issues she mentions, there are some big questions that need to be debated—and so far no answers from the Scottish National party.

[Sir Menzies Campbell (North East Fife) (LD)]

Does my right hon. Friend accept that if the outcome of the referendum is to engage the confidence of the Scottish people, the campaign must be conducted with candour and transparency? This week the Government published their view of the legal consequences of independence. Is it not time for those who argue for independence to do the same?

[Michael Moore]

It has been a curious week, but my right hon. and learned Friend is right to highlight that at times the Scottish National party has not been clear whether to embrace the opinions of our legal experts or to lambast them. The great merit of this document is that we have now laid out all the key arguments, backed up by the most impressive legal opinions, and nothing has come forward from the Scottish Government.

Constitutional Law

Lord Campbell of Pittenweem Excerpts

Tuesday 15th January 2013 Commons Chamber

[Michael Moore]

The hon. Gentleman makes a valid point that reinforces the views of his colleagues, and I recognise that this matter is important to Members on all sides of the House. It will now be an issue for the Scottish Parliament to consider, and I am confident that in the political debate across Scotland the role of the armed forces and voting will be properly considered.

[Sir Menzies Campbell (North East Fife) (LD)]

The exchanges of the last moment or two have raised a broader question. Once responsibilities are handed to the Scottish Parliament, what will be the role of this place in monitoring the issue and ensuring—so far as we can—that the objectives of fairness and decisiveness are properly maintained?

[Michael Moore]

My right hon. and learned Friend highlights an important issue and principle. In the order and the political agreement that sits alongside it, we set out what we believe should happen when the referendum process is resolved in the Scottish Parliament. As I said earlier, we are observing and honouring the principles of devolution so that when a matter is devolved from this place to the Scottish Parliament, it becomes that Parliament’s responsibility, including all the details and everything that goes with it. We are not, however, disfranchised from the political debate. Plenty of MSPs offered views on this process long before it went anywhere near the Scottish Parliament, and I am confident that lots of MPs will contribute to the debate long after it has left this place, and, if it is passed, the other place as well.

--- Later in debate ---

[Margaret Curran]

The hon. Gentleman makes a significant point. I have always believed in a strong Scotland within the United Kingdom, and I have for many years believed that devolution was significant in helping to govern Scotland effectively. The passing of the 2012 Act was another stage in that process, which offers the Scottish people the opportunity to effectively govern themselves, but still have the advantage of the partnership that is the United Kingdom. I firmly believe that the prospects for separation offered by the Scottish National party do not work in the best interests of the Scottish people, and in fact signify that the SNP has failed to listen to them. Since its inception, they have believed that the Union damages Scotland. Its view has never changed and never evolved. We are all calling for a positive debate, and it is disappointing to see so little of that coming from those Benches this afternoon.

[Sir Menzies Campbell]

I am most grateful to the hon. Lady for giving way; she is being very generous. Her felicitous reference to Donald Dewar, a friend and colleague of several of us still in the House today, has struck a chord certainly with me and I am sure with others. Arising from what she has just said, and referring back to something she said earlier, what does she make of the suggestion that were the question to be answered in the negative, that would not be the end of the matter so far as the Scottish National party was concerned, and that if it had the opportunity it might seek, as early as was convenient, to institute yet another referendum, thereby raising the possibility of what I think in Quebec is called the “neverendum”, of which the issue is the only one which dominates political discourse in Scotland?

[Margaret Curran]

I thank the right hon. and learned Gentleman—I am so pleased to have got parliamentary protocol right for once. This is one of the most disappointing elements of the debate so far. We have gone to great lengths to create a process that will allow for a fair and established result that should be observed by all participating parties. We have all said that we will respect the decision of the Scottish people, wherever we stand in this debate, and it is incumbent on the SNP to participate in that and to not always say, irrespective of the result, that it will just come back again and again with a “neverendum”, allegedly. Perhaps in today’s debate the SNP will put on record that they will absolutely respect the result of the referendum, now that we are past the starting blocks, and absolutely guarantee that they will respect the wishes of the Scottish people and not for ever seek to usurp that decision, as certain comments have seemed to imply.

Oral Answers to Questions

Lord Campbell of Pittenweem Excerpts

Wednesday 21st November 2012 Commons Chamber

[David Mundell]

Many UK defence contractors benefit from contracts that are exempt from EU procurement rules for national security reasons, meaning that they have to be placed or competed for within the United Kingdom. Many such contracts have been awarded in the hon. Gentleman’s constituency and there is no guarantee that they would be awarded in an independent Scotland.

[Sir Menzies Campbell (North East Fife) (LD)]

Does my right hon. Friend accept that there is an inherent contradiction in saying that one thinks that nuclear weapons are an obscenity while at the same time wishing to join an alliance based on both conventional and nuclear deterrence? Are not those two positions wholly irreconcilable?

[David Mundell]

I absolutely agree with the right hon. and learned Gentleman. Some honourable former members of the Scottish National party, such as MSPs Jean Urquhart and Mr Finnie, agree with him and they could not reconcile their positions. Many SNP MSPs continue to sit in government in Scotland, however, despite being unable to reconcile those two positions.

Referendum (Scotland)

Lord Campbell of Pittenweem Excerpts

Monday 15th October 2012 Commons Chamber

[David Mundell]

I am surprised that the hon. Gentleman did not tell us that the Scottish National party wanted only one question, as well.

I do not agree with the hon. Gentleman, because his question reveals his party’s obsession with process. What is important, ultimately, is not who legislates on the referendum but the decision that the people of Scotland take. They will have the opportunity to end the uncertainty and vote to remain part of the United Kingdom.

[Sir Menzies Campbell (North East Fife) (LD)]

May I offer my unqualified endorsement of the statement made so eloquently, if I may say so, by my right hon. Friend?

Does my right hon. Friend hope, like me, that the shadow boxing will now come to an end, along with the Scottish National party’s uncharacteristic reticence, demonstrated again this afternoon, to tell the people of Scotland precisely what its proposals for independence are? May I offer him a crumb or two of comfort? If he will forgive a second sporting metaphor, the Scottish Liberal Democrats will be first off their marks on Wednesday, when we publish our proposals for home rule for Scotland within the United Kingdom.

[Hon. Members]

When?

Oral Answers to Questions

Lord Campbell of Pittenweem Excerpts

Wednesday 12th September 2012 Commons Chamber

[Michael Moore]

I pay tribute to the hon. Gentleman, whom I saw in the games-maker uniform and who was very helpful when I visited Hampden for the United States versus France women’s football game—clearly he has talents for things other than politics. He makes an important point. The volunteering legacy is one of the most important parts of the games—perhaps one of the more unexpected parts—and I hope that that legacy will be evident in Glasgow in two years and that people across the whole of Scotland will take part.

[Sir Menzies Campbell (North East Fife) (LD)]

Would my right hon. Friend like to take the opportunity to congratulate that Scottish gold medallist, Mr Andy Murray, on his remarkable marathon triumph in the US? Has he noticed that the term “Scolympian”, coined by the Scottish First Minister, appears rapidly to have fallen into disuse? Also, has he heard of any Scottish competitors selected either for the Olympics or Paralympics, or any medallist in either games, complaining that they were representing the United Kingdom, not Scotland?

[Michael Moore]

I join my right hon. and learned Friend in congratulating Andy Murray on his Olympic gold medal and on securing his first grand slam title—an immense achievement that is being celebrated the length and breadth of the country. The Olympic games demonstrated the great benefits of working together, whether in terms of financing, training or, indeed, competing—our first Olympic gold was won by a Scot and somebody from the south-west of England. That was great and perhaps makes the point that we are better together.

Oral Answers to Questions

Lord Campbell of Pittenweem Excerpts

Wednesday 20th June 2012 Commons Chamber

[Michael Moore]

I thought that the hon. Gentleman’s party had belatedly and even grudgingly welcomed the fact that the Scotland Act 2012 has now set in place the biggest transfer of financial powers north of the border, including borrowing powers, the Scottish rate of income tax and the transfer of stamp duty land tax. The debate to which he refers, which we all need to get on with, is the one about independence. That is why the UK Government are absolutely committed to ensuring that we get the necessary evidence and analysis, working with experts, academics and outside bodies to ensure that we are equipped for that great debate across the country.

[Sir Menzies Campbell (North East Fife) (LD)]

Does my right hon. Friend consider that Scotland being part of the United Kingdom is an important benefit in any international trade disputes? I particularly have in mind the efforts of the United States some years ago to restrict the import of the finest quality cashmere goods from his own constituency, in a dispute about bananas. Was the fact that Scotland was part of the United Kingdom an important factor in ensuring a proper resolution of that issue?

[Michael Moore]

My right hon. and learned Friend is absolutely right. It was critical to us in the borders, and to the producers of luxury goods the length and breadth of Scotland, that we were part of the United Kingdom. We had great clout within the European Union and could negotiate within the World Trade Organisation to get the right outcome. Our position in the world, the protection of our citizens and the future of our economy are the three key strands that we will examine to ensure that we are well informed in this great debate.

Scotland Bill

Lord Campbell of Pittenweem Excerpts

Thursday 26th April 2012 Commons Chamber

[David Mundell]

On this occasion, I am able to welcome the hon. Gentleman’s welcome. The provisions in the Bill, if these amendments are approved, will mean exactly that: the Supreme Court will not be able to substitute its own judgment for that of the High Court.

[Sir Menzies Campbell (North East Fife) (LD)]

Many of us in the House would wish to associate ourselves with the very generous and entirely appropriate remarks that the Minister made about Paul McBride. May I put it to the Minister that these amendments are an entirely effective antidote to the ill judged and ill informed comments made about the Supreme Court and its members by Scottish Ministers last summer?

[David Mundell]

I absolutely agree with my right hon. and learned Friend. The remarks made by the First Minister about members of the Supreme Court were beneath him; they demeaned his office and were wholly inappropriate.

--- Later in debate ---

[David Mundell]

No. The changes being introduced today are a result of a process that was instigated by the Advocate-General for Scotland.

[Sir Menzies Campbell]

The Minister will recall that the attitude taken, to which both of us have referred, was to suggest that there should be no role of any kind for the Supreme Court in relation to any criminal issue arising out of Scotland. The proposals that he is now arguing for so eloquently represent an effective and entirely acceptable compromise.

[David Mundell]

I thank my right hon. and learned Friend for his comments. The proposals that form part of these amendments were part of the legislative consent motion that went before the Scottish Parliament and received unanimous support of that Parliament. Indeed, they were not opposed or spoken against by any Member of the Scottish National party, including the First Minister.

Lords amendment 20 would provide powers for compatibility issues to be referred to the High Court and the Supreme Court. That will enable such issues to be dealt with more quickly, where appropriate, which will be useful when a compatibility issue has implications for other cases. There are currently no time limits for appealing devolution issues in criminal proceedings to the Supreme Court. It is important that there is finality and certainty, especially for victims, in relation to criminal proceedings. Lords amendment 22 would impose time limits for seeking permission to appeal devolution issues from the High Court to the Supreme Court for devolution issues raised in Scottish criminal proceedings. The time limits are the same as those that will apply to compatibility issues.

Lords amendment 23 makes provision for a review to be arranged by the Secretary of State of the new compatibility issue procedure and of the introduction of time limits for certain devolution issue appeals. The review is to be carried out as soon as practicable after the provisions have been in force for three years. The review may be carried out earlier if that is considered appropriate. It will be wide ranging and will look at all aspects of the provisions and consider whether changes should be made. The UK Government and the Scottish Government have agreed that the review will be chaired by the Lord Justice General.

Lords amendments 24 and 25 make consequential amendments to clause 41.

--- Later in debate ---

The amendments remove the Lord Advocate from the scope of section 57 of the Scotland Act in relation to the determination of devolution issues by the Supreme Court, and create a new category of compatibility issues that determine the Lord Advocate’s compliance with EU law obligations or those arising from convention rights in Scottish criminal proceedings. The new process is therefore more efficient and less cumbersome than the existing one. The amendments strike the right balance between protecting the existing rights of individuals in criminal cases while affording the High Court of Justiciary the ability to make final determinations on convictions in the light of Supreme Court rulings on compatibility.

[Sir Menzies Campbell]

I am grateful to the hon. Gentleman for giving way, as I deduced that he was about to conclude. Is it not important to remember that the case of Cadder raised the issue of the right to legal representation and advice for someone in police custody, and that the case of Fraser raised the issue of the responsibility of the prosecuting authorities to make available to the defence all relevant evidence, perhaps to assist the defence in making a stronger case? Given that those are fundamental human rights issues is it not the case that the Supreme Court is exactly the place to determine compatibility?

[Mr Bain]

I entirely agree with the right hon. and learned Gentleman. One of the strengths of the devolution settlement is that it allows a court of the seniority of the Supreme Court to make these determinations. It would have been wholly irresponsible to remove these basic protections from people in criminal cases in the way that other politicians in the Scottish Parliament sought to achieve.

We are content with the amendments that have been made by the Lords and we will support them in the Chamber today.

Lords amendment 9 agreed to.

Lords amendments 10 and 11 agreed to.

Clause 25

Speed limits

Oral Answers to Questions

Lord Campbell of Pittenweem Excerpts

Wednesday 22nd February 2012 Commons Chamber

[Michael Moore]

Honestly, the hon. Gentleman has a bit of a cheek talking about a lack of detail when his party cannot spell out what the currency situation would be in an independent Scotland, what the national debt might look like and how it might deal with pensions and financial regulation. It is absolutely clear that we must make the most fundamental decision on Scotland’s future in a clear-cut and decisive way. The debate about devolution will be ongoing and I very much look forward to being part of it.

[Sir Menzies Campbell (North East Fife) (LD)]

My right hon. Friend has spelt out the absence of detail given by members of the Scottish National party in this House. Has he impressed on the First Minister, in the opportunities he has had to do so, the First Minister’s unequivocal obligation to explain to the people of Scotland not just the process of independence but the consequences and costs of it and the length of time it would take to implement?

Scotland’s Constitutional Future

Lord Campbell of Pittenweem Excerpts

Tuesday 10th January 2012 Commons Chamber

[Michael Moore]

The currency question will, of course, also be an issue in the referendum debate. The right hon. Gentleman draws on a lot of experience of the relevant legislation, and he makes an important point. When we hold the substantive debate—which must happen sooner rather than later—it is important that we can turn to agreed sources of information. We can consider that issue at a later date, but I accept the point the right hon. Gentleman makes.

[Sir Menzies Campbell (North East Fife) (LD)]

I am well aware of the convention that Governments do not publish legal advice, but, as my right hon. Friend has pointed out, this is a decision that can almost be described as unique because it would bring to an end hundreds of years of history. May I therefore urge him to reconsider whether the advice received by the Government should be published so as to achieve the clarity that the right hon. Member for Blackburn (Mr Straw) spoke about in relation to statistics?

I welcome today’s announcement, especially because political, economic and social uncertainty for the next two years would be deeply damaging to the people of Scotland. Does my right hon. Friend join me in wondering why those who are so confident of the case for independence are so unwilling to countenance a referendum now? Could it be that the bravehearts are no longer quite so brave as before?

[Michael Moore]

My right hon. and learned Friend makes an important point: over the past few months they have been strangely quiet about the need to get on with this referendum on an issue for which they have campaigned over many generations.

I am grateful to my right hon. and learned Friend for welcoming today’s announcement. In respect of the legal advice, may I advise him to look carefully at the consultation paper and the clear view about the authority in the Scotland Act? I am absolutely certain that that opinion is right, and as a result we need to ensure that the Scottish Parliament has the authority to pass a referendum Bill and get on with addressing this most important decision.