Scotland Bill

Debate between Lord Empey and Baroness Liddell of Coatdyke

Tuesday 8th December 2015 Lords Chamber

[Lord Empey (UUP)]

My Lords, perhaps I may make a brief observation. The noble and learned Lord, Lord Wallace of Tankerness, quoted the 1998 agreement that affected Northern Ireland. I have to say that if you have a political agreement such as the Smith commission which you are trying to implement, you cannot be expected to translate it word for word into legislation. The Belfast agreement contained diplomatic language, political language, and of course there was an international dimension to it which is not present in the current proposals. The phrase that comes to mind when discussing these matters is, “There is nothing as permanent as the temporary”. We should not be working within an absolutely rigid framework which says that we have to replicate word for word the particular phrases used by the Smith commission.

It is never intended that a political agreement from a commission which has been established should automatically be transferred verbatim into law. That is not feasible and I urge noble Lords not to put themselves completely on the hook over this because of the fear that if something is changed, it will be seized upon by people who will say that you are running away from the agreement. The fact is that those people will seize on it whether you do or whether you do not. That is because we know that they signed up to it, and now they have walked away from it. The issue is this: is it right and proper legislation or is it not? Is it consistent with the aims and objectives that were set out by the commission to which the parties have agreed? I would have thought that that is a better measure for judging the quality of the legislation rather than putting yourself in a terrible position where if you change a word, a dot or a comma, somehow or other you are committing a political sin. That is not what Parliament is here to do. Everyone has been put into difficulty by getting themselves shackled to this proposal.

[Baroness Liddell of Coatdyke (Lab)]

My Lords, we have spent more than two hours arguing more or less about the number of angels dancing on the head of a needle. Ultimately the power of this Parliament, and any Parliament, derives from the people. Sovereignty for any Parliament derives from the will of the people. If the will of the people changes then the legislation will change and the future of Parliaments will change.

I do not want to intrude on the personal grief on the government Benches because much of the argument has come from there, but we have to concentrate on trying to move on into how we can make this legislation more relevant to the complex society that we have. There has not been much evidence of that so far. I greatly regret the fact that I never studied law—well, I used to greatly regret that—but I have to say at the end of this afternoon, thank goodness.