Scotland: Independence

Lord Cullen of Whitekirk Excerpts

Tuesday 24th June 2014 Lords Chamber

[Lord Cullen of Whitekirk (CB)]

My Lords, one of the subjects that the Constitution Committee, of which I am a member, had to consider was an aspect of the governance of Scotland between the referendum and the day on which Scotland would become independent, assuming a yes vote. That would be a period of indeterminate length.

Evidence given to the committee by the Secretary of State for Scotland—statements that were not off the cuff but plainly premeditated—led the committee to conclude that from the date of the referendum, if it was a yes vote, the UK Government would no longer seek to act on behalf of the people of Scotland. The committee therefore considered that there could then be a “constitutional limbo”, to put it mildly. So, I suppose, in the worst case, there would be no Minister answerable to this House or in the other place for matters reserved to this Parliament under the Scotland Act. In those circumstances, the committee made a number of recommendations, including a recommendation that the two Governments should agree on the transfer of powers prior to independence day.

I agree with the noble Lord, Lord Lang, that the view that the UK Government would instantaneously lose their mandate in the event of a yes vote cannot be right. However, I am glad that there are now some signs that, contrary to the impression given to the committee, the UK Government are overcoming their diffidence about acting in the interest of the people of Scotland in the event of a yes vote. This emerged to some extent last week. On 18 June, the Electoral Commission published the draft of a leaflet to inform the public about voting, which is due finally to be issued at the end of this month. It is to contain guidance as to how members of the public can take part in the referendum, and information from lead campaigners.

There is also to be a joint statement by the Scottish Government and the UK Government about the process that would be followed in the event of a yes or no vote, as the case may be. Such a joint statement had been requested by the Electoral Commission some time ago but, for whatever reason, was months overdue by the time it was provided recently. One might have expected that the joint statement would have been published before the leaflet was put together, but that is not what has happened, so far as I know.

Part of the joint statement states:

“The United Kingdom Government would continue to be responsible for defence, security, foreign affairs and constitution, most pensions, benefits and most tax powers up to the date Scotland becomes an independent country”.

Many important subjects fall within the scope of matters reserved to this Parliament, but I am bothered by the fact that only seven of them are mentioned in the joint statement. It makes no mention, for example, of the economy, transport, or oil and gas, to name but three matters that are of some interest in Scotland. I therefore wondered whether the selection of seven subjects in this joint statement was simply deliberate because it was as much as could be agreed between the two Governments. Or is the selection simply because this statement was to give general guidance to members of the public? Either way, there needs to be clarity at this point, 85 days from referendum day.

Like the noble Lord, Lord Lang, I would welcome a response from the Advocate-General, the noble and learned Lord, Lord Wallace of Tankerness. I hope that he can assure the House that the United Kingdom Government will continue to be responsible for all the matters reserved to this Parliament. If that is not to be the case, what will be the position?

Scotland: Independence Referendum

Lord Cullen of Whitekirk Excerpts

Thursday 30th January 2014 Lords Chamber

[Lord Cullen of Whitekirk (CB)]

My Lords, I, too, thank the noble Lord, Lord Lang, for instigating this debate and for speaking so well in it. I wish to address a specific subject: namely, the funding of research in the context of independence. I do so with an interest in this matter as chancellor of a Scottish university.

It is clear that research is an area in which Scotland punches above its weight. Recently, in the context of the debate about independence, the Scottish Science Advisory Council cited a report, the International Comparative Performance of Scotland’s Research Base, in support of the statement:

“Scotland’s science and research base is among the best in the world. It ranks first in the world, in terms of the rate its research papers are cited relative to GDP, and second in the world, in terms of impact”.

That standing relies on Scotland being part of the UK’s “common research area”. UK research councils play a major part in supporting research through the funding of researchers and providing their own facilities in different parts of the United Kingdom. They also have a central role in the strategic co-ordination of research across the UK.

The effect of Scotland becoming independent would, taken by itself, be that the research councils would have no responsibility for supporting research in Scotland. The relationship between Scotland and the rest of the UK would be an international one. The facilities of the research councils in each country—by that, I mean the fixed assets—would, it seems, belong to that country.

In their White Paper, the Scottish Government state that the best research operates across boundaries, and that it is clearly in the interests of both Scotland and the rest of the UK,

“to maintain a common research area including shared research councils, access to facilities and peer review”.

They also say in the White Paper that after independence this Government—that is, the Scottish Government,

“will seek to continue the current arrangements for a common research area and funding through established UK Research Councils”.

They go on to say that, with independence, they would intend to negotiate with the Westminster Government what they call a “fair funding formula” for Scotland’s contribution to the funding of the research councils, adding:

“Providing a direct contribution from the Scottish Government budget in this way would create more transparency and clearer accountability around our investment, enabling Scottish interests to be better and more consistently reflected in the identification of Research Council priorities”.

So far, despite indications that something was coming, there has been no explanation from the Scottish Government as to how such an arrangement could be arrived at and what it would involve. It appears to be some form of “buying in” to the UK research councils. It would indeed be a novelty for them, for example, to fund pieces of research in another country—research which might or might not include research activity in the rest of the UK.

That prompts certain questions such as the following. What might be the terms that would be required of the Scottish Government for such an arrangement? What would need to be done to avoid Scottish researchers being placed at a disadvantage, especially in regard to cross-border collaboration, which is so important, and the use of facilities? Would it be feasible to maintain the present system of a single peer review for Scottish researchers? Would UK research councils remain responsible for co-ordinating research across the UK—that is, including Scotland? Would it be possible—and, if so, how—to establish and maintain a Scottish influence over the research agenda and priorities? Those questions I have posed from a Scottish point of view but most of them apply to the UK because we have a system in which there is a high degree of integration across the whole of the kingdom.

There can be no doubt that it is vital to protect and enhance the quality of research wherever it is done and, with that, the excellence of the research base. Science, technology and innovation are key drivers of competitiveness and economic success. That is why this subject is so important.