Constitutional Settlement

Lord Cormack Excerpts

Thursday 11th October 2012 Lords Chamber

[Lord Cormack]

My Lords, it is a great pleasure to follow the noble Lord, Lord Kerr, and I thank him for his kind and complimentary references. No, I do not go with him all the way on all that he said but I strongly agree with him that form must follow function, and with my noble friend Lord Maclennan, to whom we are all indebted today, on the need for a holistic look at the constitution of the United Kingdom. I very much hope that the next two years will not be barren in that regard.

My noble friend talked of the contribution that Scotland has made to the United Kingdom, and did so very rightly and persuasively. I have a family background which is not dissimilar, I suspect, from that of many in this House and outside. My great-grandfather came from Scotland and was one of those who helped to set up the fishing industry in Grimsby. I have a son who lives in Scotland and who considers himself Scottish; his children go to Scottish schools and he is married to a Scottish wife. Both of my sons received part of their education in Scotland. We are integrated, individually and collectively, and to disintegrate would be not only an act of folly but a political and social tragedy because the United Kingdom is so much greater than the sum of its individual parts. It is on that basis that I speak in this House today.

I do not, however, want to be complacent. We must not just take things for granted, and the noble Lord, Lord Maclennan, made that point himself in his speech. I was talking in the corridors yesterday to a couple of colleagues who said, “Oh well, it’ll be a bit like Quebec; they’ll come to the brink many times but won’t actually do it”. I think that we have to take the referendum that is promised—or threatened, depending upon how you look of it—in October 2014 very seriously, and I want to address most of my remarks to that specific subject.

I was deeply disturbed by the response from my noble and learned friend Lord Wallace of Tankerness to the question from my noble friend Lord Forsyth yesterday. I have a high regard for my noble and learned friend; he has contributed enormously to government in the UK in general and in Scotland particularly, where he was a distinguished Deputy First Minister. However, I think that he got it wrong in a big way yesterday. Nothing is more calculated to cause intolerable strains within any country than a disparity of the franchise. If we have a situation where in Scotland people are voting at 16 and in the rest of the United Kingdom they are not, as night follows day, a precedent will have been walked into—there is no point in suggesting that the one thing will not follow the other. I listened with interest this morning on the radio to Vernon Bogdanor, who made this point: this is not the way to debate votes at 16. The noble Lord, Lord Kerr, made it plain that he is in favour. That is a perfectly respectable point of view; I personally disagree with him, but nevertheless it is a proper point of view to hold. However, it needs properly debating but has not been debated. It should not, and it must not, be introduced through the back door.

We have had all sorts of indications that a deal with Mr Salmond is imminent. It is always easy to do a deal with someone if you capitulate to them. Mr Salmond made it plain from the word go that he wanted votes at 16 for the referendum. He somewhat quaintly added “and 17”, as if you would give them to 16 year-olds but not 17 year-olds. Why did he want this? Because he thought it would be in his interests. Mr Salmond must not be underestimated by anyone in this Chamber; he is the most wily and skilful politician in the UK at the moment, in my view. He has something of the Boris touch about him—a sort of tartan Boris—and we underestimate him at our peril. However, we do not capitulate to those with whom we do not agree.

There has been no principled argument about this issue. It is indicated that we are suddenly going to have this announced next week; I sincerely hope that we are not. If it is indeed announced, then the Government of the UK will not have served us well in this. There is no point in my noble and learned friend suggesting that a precedent would not have been set; it would. Vernon Bogdanor was rather modest on this: he thought it “likely” that votes at 16 would follow throughout the United Kingdom, but I believe that it would be inevitable and I know that many colleagues, whatever point of view they take on the issue, agree with that. This is not the way in which you change the franchise or the constitution.

Personally, I believe that there should be a referendum. Let the Scottish people speak, but let them speak in a way consistent with their current membership of the UK—namely, on a similar register where the franchise is the same as elsewhere in the UK—and do not let us be faced with the situation where, with a narrow majority, it can be suggested that it was the 16 year-olds “what done it”. Think of the implications of that for a moment or two. Let us have an intelligent debate before the referendum, and in that debate let us make sure that the issues raised by my noble friend Lord Maclennan and the noble Lords, Lord McConnell and Lord Kerr, are properly debated.

The United Kingdom is an extraordinary country. It was said by the noble Lord, Lord McConnell, I think, that the union of our two countries, England and Scotland, was the most successful union in history. Others around the world may debate that, but personally I think that he makes a very good point. I am proud to be British and I am very proud of my Scottish associations on that side of my family, even though I may feel that my own identity is more English. The great thing about this country is that we are all British. Our civilisation, our culture, is European, our nationality is British and within that we have individual national identities. It is a marvellous achievement and must not be put at risk. We need to argue this with force and passion throughout the whole of the UK even though, rightly and properly, the vote will be taken in Scotland.

I hope that some mechanism can be found to enable those who consider their roots to be in Scotland and wish to return there to vote. I concede that that could be difficult, but I do not suggest that everyone in the UK should have a vote and I accept that this decision has to be made in Scotland. However, it must be made in a proper manner in a proper referendum, and on the basis of our franchise arrangements as they exist in the UK at the moment. If there is any suggestion that there should be a change, then that is a change that should extend to the rest of the UK and should be brought into effect only if both Houses of the Parliament of the UK decide that is the right way forward. In such a debate I would not be favouring a lowering of the age, as I made plain, but the noble Lord, Lord Kerr, would be. We could honourably disagree and, as two people who believe passionately in democracy, he would accept the result if it went my way and I would accept it if it went his, but it would have to be on the basis of a proper parliamentary decision—perhaps endorsed in the referendum, because we now have the referendum mechanism for constitutional issues, but essentially made first in Parliament—not introduced through the back door or brought into Scotland in this way by wheeling and dealing. This is a cynicism that is almost beyond belief.

I am told that members of the Government are suddenly attracted this because a recent opinion poll of current 16 year-olds, who will be 18 in two years’ time, indicated that they liked the United Kingdom. What a shoddy way in which to run any country and to be the guardians of the constitution. We can do better than that, and I hope we will.

--- Later in debate ---

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

My Lords, I start by thanking and congratulating my noble friend Lord Maclennan of Rogart on bringing forward this Motion, and I thank all who have contributed to what has been both a thoughtful and thought-provoking debate. My noble friend’s long-standing interest in constitutional matters is well known. I counted it a privilege to serve on the committee that he co-chaired with the late Robin Cook in 1996. It is fair to say that these so-called Cook-Maclennan talks helped smooth the way to many of the very substantial constitutional reforms that took place in the first years of the Labour Government after 1997, which saw a much needed modernisation of our constitution.

There are two themes to the Motion before this House this afternoon: first, what the Motion refers to as the,

“potential break-up of the United Kingdom”;

secondly, the further consideration of alternative constitutional settlements. At the outset, I assure noble Lords that the Government believe passionately in the United Kingdom and are committed to devolution within the United Kingdom. We do not anticipate the break-up of the United Kingdom, nor are we planning for such a contingency. However, as was echoed by my noble friends Lord Maclennan and Lord Cormack and the noble Lord, Lord Browne, we are in no way complacent. Rather, we see a vibrant and strong United Kingdom with its constitutional arrangements such as devolution thriving and developing.

As the noble Lord, Lord Kerr, pointed out—as indeed he has done in previous debates on Scottish matters—if there is unanimous support for the future of the United Kingdom it is because the Scottish National Party has chosen not to send Members to your Lordships’ House. I certainly note that point and I think our debates are the poorer because we do not have that particular perspective.

In the context of the forthcoming referendum on Scotland’s future, it is important to distinguish between independence as a country separate from the United Kingdom, and devolution within the United Kingdom. These are two fundamentally different issues and we should not see independence as a logical extension of devolution. Devolution would come to an end if Scotland left the United Kingdom, which is why we need to settle the independence question by a referendum, as an entirely separate matter from the devolution settlement. The devolution settlement will continue its evolution now, in the months ahead and after the referendum.

The view of the Government is that the people of Scotland deserve a referendum that is legal, fair and decisive, and that aim is best achieved with a referendum that poses a single, clear question. I note what the noble Lord, Lord Judd, said about the third question. One reason we do not believe that a third question is right is that devolution is a different issue from independence—quite apart from the fact that no one has yet come up with a definition of devo-max or devo-plus. People would be invited to vote for something that had no shape or form to it.

I can confirm that further substantial progress towards agreement on the terms of a Section 30 order to facilitate a referendum was reached on Tuesday between my right honourable friend the Secretary of State and the Deputy First Minister, Nicola Sturgeon. No agreement has been finalised and officials have now been tasked with doing further work on the details of the agreement.

My noble friend Lord Cormack raised what I accept is an important issue with regard to 16 and 17 year-olds. The United Kingdom Government have no plans to lower the voting age for elections. I do not accept that there is an inevitability about it. The United Kingdom Government’s position has always been that any reform of the franchise ought to be agreed by consensus across all United Kingdom elections and not for a single election. However, if we were to agree to a transfer of powers to the Scottish Parliament to hold a referendum, as has happened in other referendums, it is the Bill enacting the referendum that determines the franchise. There is no proposal coming from this coalition Government to change the franchise for UK elections or Scottish elections in the lifetime of this Parliament. If the concern is that there will be an absence of debate, I do not think that is a real one. If it is going to be done in another Parliament, I am sure that there will be ample opportunity for debate.

[Lord Cormack]

It really is very difficult to buy what my noble and learned friend says. The United Kingdom Parliament has the power to ensure that any referendum in Scotland is fought on the basis of the existing franchise. Can he not see that to allow this change in through the back door would fundamentally alter the whole balance of our constitution as far as the franchise is concerned?

[Lord Wallace of Tankerness]

My noble friend and I are going to have to agree to disagree. I do not accept that that would be an automatic consequence. Before any change to the franchise for the House of Commons, or indeed for the Scottish Parliament or the Welsh Assembly, there would have to be full, proper debate and consideration, and it would require legislation in this Chamber. I do not think for one moment that my noble friend suggests that the House of Commons will suddenly roll over and vote for votes at 16. Apart from anything else, it will certainly not be at the hand of the Government, although they will have no opportunity to do so in the lifetime of this Parliament.

As I have indicated, the Government believe in the United Kingdom. We believe that the United Kingdom is greater than the sum of its parts, as was said by more than contributor to this debate. Our shared history during the past 300 years has been as a stable, successful, political, economic and cultural union. That has benefited our citizens, our economy and our place in the world. It is a unique constitutional achievement and one of the great success stories. It was striking that, in their contributions to the debate, my noble friend Lord Cormack and the noble Lord, Lord Judd, reflected on their own Scottish ancestry. The noble Lord, Lord Browne, indicated that, within his own family, the benefits of being part of a United Kingdom are manifest. Having looked up the origin in Scotland of the name Wallace, I found that it undoubtedly came from Shropshire or Wales in the 12th or 13th century, so it is clear that there has been movement of peoples in these islands for centuries. Geography is probably one thing that binds us more than anything else. Common sense says that we should not split up what has been successfully brought together.

Perhaps I may paraphrase the excellent case made for our United Kingdom in the report by my noble friend Lord Steel of Aikwood—the so-called Steel Commission report. That talked about nations which had been in conflict for hundreds of years, which were brought together and which together were able to exert a global influence. Our concepts of liberty, democracy and the rule of law, our philosophy and our ideas, have done much to shape the modern world.

Within our United Kingdom, Scots have made an important contribution—in science and engineering, medicine, administration, economics, finance and philosophy— and we have done so as an integral part of the United Kingdom’s success. In unity and co-operation with the other parts of the United Kingdom, Scotland has been able to punch above its weight as a small country and, in doing so, we have helped to build a United Kingdom which is more effective together than its combined resources would merit.

We benefit from being part of a strong United Kingdom and I believe that the United Kingdom benefits from having Scotland as a constituent member. Our experience together in the past 300 years has created a number of key British institutions which are part of a shared national identity: the BBC, the British Army, the Navy, the Royal Air Force, the Crown, the National Health Service and, indeed, this very Parliament. It is the strength of these institutions which will help influence people in Scotland when they cast their votes in the forthcoming referendum.

The Secretary of State for Scotland announced to the House of Commons on 20 June the work that the UK Government will do to highlight the benefits of the United Kingdom. I have detected—and it has been mentioned in some of our debates previously—an appetite for some objective and reliable information on the issues. It is right that the Government should provide facts ahead of the referendum and I welcome the fact that many other bodies now want to contribute objective information. That analysis can inform and support a debate on Scotland’s future within the United Kingdom.

Part of that future, and part of our immediate past, has been devolution. We have demonstrated a strong commitment to devolution, as it gives people choice and a real say over their own affairs. It is consistent with the decentralisation of power which is a core aim of this Government in line with our belief that there are benefits in making decisions at local level. We have an active devolution agenda. There is no status quo to defend because the devolution settlement, as the noble Lord, Lord McConnell of Glenscorrodale, pointed out, has continually evolved from day one. He will remember, when he and I were in government together in Scotland, the devolution of the railways under a Section 30 order and the fact that we were able then to take forward some important new railway building and construction in Scotland. That settlement continues to evolve.

Most recently, the Scotland Act 2012 was passed, representing the most significant development in devolution since 1998. Like the noble Lord, Lord Browne of Ladyton, and contrary to the view of the noble Lord, Lord Kerr of Kinlochard, I cannot accept that it is a ragbag of measures. First and foremost the measures that changed the devolution settlement in terms of powers were the product of a very detailed consideration by the Calman commission. The fact that it did not amount to a great number of powers is a testament to the settlement of the 1998 Act and the work that was done then. But it also included, very significantly, a substantial transfer of financial powers. That addressed a very important principle of the accountability of the Scottish Parliament, which hitherto has had total discretion on how it spends money but precious little responsibility or accountability in how it raises money.