Scotland Bill

Lord Forsyth of Drumlean Excerpts

Wednesday 28th March 2012 Lords Chamber

Moved by

[Lord Forsyth of Drumlean]

2: Before Clause 10, insert the following new Clause—
“Referendum about Scottish independence: further provision
(1) Any referendum held in pursuance of the provisions of section 30 of the Scotland Act 1998 shall not take place until nine months after every Secretary of State has laid before both Houses of Parliament a paper prepared by their department setting out the implications of an independent Scotland—
(a) to that department and its executive agencies,(b) for that department’s policies, and(c) for that department’s planned expenditure.(2) Any referendum held in pursuance of the provisions of section 30 of the Scotland Act 1998 shall be administered by the Electoral Commission with a single question relating to the future position of Scotland in the United Kingdom.”

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[Lord Forsyth of Drumlean]

My Lords, this amendment relates to the—

[Baroness Anelay of St Johns]

My Lords, I remind colleagues to leave the Chamber peacefully and quietly on this last day of sitting so that my noble friend Lord Forsyth may move his amendment.

[Lord Forsyth of Drumlean]

My Lords, I am surprised that there is not more interest in this important piece of legislation. This amendment is very straightforward. If my noble and learned friend is not able to accept it, I hope that at least he will be able to give an undertaking that the substance of it will be adopted by the Government.

It is perfectly apparent that the Government do not intend to use the Scotland Bill to provide for the forthcoming referendum on independence. As my noble and learned friend has made clear, the preferred procedure is to use a Section 30 order, but subject to the important conditions that such a referendum taken forward by the Scottish Parliament would be regulated and run by the Electoral Commission, and that there should be a single question.

This amendment is concerned with what happens in the run-up to the referendum. I take it that if my noble and learned friend is not successful in persuading the Scottish Government of the need to move forward on a Section 30 basis, they will bring forward a Bill in the next Session of Parliament to provide for a referendum. No doubt the date of that referendum would be decided at that point.

It is important that we have an informed debate within the United Kingdom as a whole and Scotland in particular. So far the debate has all been about process, about who is going to set the question and what the question should be. This is an important question. It concerns the future of the United Kingdom as a whole, and will have an immense impact on people in ways that many people, including myself, have not even thought of.

This amendment asks the Government for a clear undertaking that every single government department will set out in a Green Paper, in objective—not political—terms, what the consequences of independence would be and what issues would need to be addressed. There are large-scale issues that are obvious, such as what would happen to our nuclear deterrent given that the Scottish Government are opposed to nuclear material being on Scottish soil, and the costs and employment consequences of that. There are also issues about public sector pensions as Scotland, because of its long tradition of public service, has a disproportionately large number of people involved in public service.

In the field of banking and finance, the Treasury should indicate what would happen to organisations like the Royal Bank of Scotland; for example, how could it possibly meet its requirements for raising capital in an independent Scotland? What would happen on the currency? What would happen on the role of the Bank of England? How would we avoid a Greece-like situation?

In the Department of Energy and Climate Change, what would happen in respect of the interconnectors and how would the so-called green policy of being entirely dependent on renewables work in an independent Scotland? It might be cheaper for England to buy its electricity from France, which is generated by nuclear, than from Scotland, where the whole business model for the Scottish Government’s green agenda depends on being able to add to the bills of English, Welsh and Northern Irish consumers.

Those are some examples; I could go on but I have no desire to spin out the debate today because I know people are anxious that we should conclude these proceedings as speedily as possible. But if we leave it to campaigners and politicians to exchange perhaps not entirely well informed arguments, the public will tire and the very serious consequences of the disintegration of the United Kingdom, of the balkanisation of Britain, will be lost sight of.

If I were in my noble and learned friend’s place, I would say, “I am not sure that it is necessary to put this in the Bill”. I accept that, but we should have an undertaking that every government department and its executive agencies will set out the implications for their policies and planned expenditure, so that people go into this with their eyes wide open, and the separatists who advocate breaking up Britain have to explain how they would address these issues. At the moment, people are going round saying that it is up to us to make a positive case for the United Kingdom. I reject that. It is up to those who propose change to explain how they will maintain the benefits that we all enjoy as part of the United Kingdom, wherever we live and whatever our political convictions.

[Lord Deben]

Does my noble friend agree that this is absolutely crucial for those who are not Scottish as well as for the Scottish? Many in England feel that they need to understand exactly what the consequences are and unfortunately up to now they have had no such opportunity, which is why his amendment is so important.

[Lord Forsyth of Drumlean]

I am most grateful to my noble friend for that intervention. I look at this from a Scottish perspective and I should have given more emphasis to that. He is absolutely right. This will have huge implications for people in England as well as Scotland. I find it very difficult to see how we could keep our role and influence in the United Nations, for example, if the United Kingdom was broken up. I think our country would be seen to be greatly diminished internationally. I do not quite know how it would work, given that the Scottish nationalists are opposed to our membership of NATO. Most countries are queuing up to try to get in to NATO, but this lot want to leave NATO. What is the position of our armed services, whose dedication fills everyone in the country with admiration?

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[The Lord Speaker (Baroness D'Souza)]

Does the noble Lord wish to move his amendment?

[Lord Forsyth of Drumlean]

I am moving my amendment.

[Lord Skelmersdale]

My Lords, perhaps I may gently suggest that my noble friend Lord Forsyth finishes his words of wisdom before anyone else interrupts because it interrupts the flow of what he is saying.

[Lord Forsyth of Drumlean]

I am most grateful that I have a fan here, although the interventions that have been made were very pertinent. I beg to move.

[Lord Gordon of Strathblane]

I intervene briefly to suggest that the perceived impartiality of such a series of reports might be improved if it was handled by the equivalent of a Calman 2 commission, preferably of economists of sufficient stature that they would put their own reputation for impartiality above any party advantage. Ideally—I hope that I am not being unduly starry-eyed about this—if the membership of such a committee could be agreed with the Scottish Government, there would be no come-back. I agree that that looks pie in the sky, but there are economists, including economists of a nationalist tendency, who would not put their own reputations on the line by being seen patently to lie about the consequences of certain things. I simply suggest that the equivalent of Calman 2 might be a useful prerequisite for any debate on any amendment. I wonder whether the noble Lord agrees with that.

[Lord Forsyth of Drumlean]

I think that the noble Lord intervened before I sat down. I do agree with that. The next inquiry of the Economic Affairs Committee of this House, of which I am a member, as the noble Lord will be aware, will be into the economic impact of independence on the United Kingdom as a whole. I agree that many economists can contribute to that in an informed and objective way. I think that the committee will produce some very interesting material as a result.

[Lord McCluskey]

In addition to economic and legal aspects—many different opinions have been expressed publicly by members of the Scottish Government and the United Kingdom Government—I wonder whether the noble Lord has considered legal matters such as the right of Scotland or the ability of Scotland, if independent, to join the European Union or to retain the pound and matters of that kind. Does he think it is advisable that, in addition to a committee of experts such as the noble Lord, Lord Gordon of Strathblane, has mentioned, there should be from this House a committee including lawyers and experts who can offer independent advice on such questions?

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[Lord Steel of Aikwood]

My Lords, my noble friend Lord Forsyth has done the House a service in raising this issue this morning, but I am deeply pleased that he is not going to press the amendment, because it is seriously defective. The idea that we should wait until nine months after the last government department has produced a Green Paper on this subject fills me with dread. I am in favour of a referendum as soon as possible. This would have the effect of delaying it indefinitely—indeed, possibly beyond the date that even Mr Salmond hopes to achieve. I know that the noble Lord is not going to press it, so I will not—

[Lord Forsyth of Drumlean]

The point of the nine months was that I would like this information to be brought forward as soon as possible. Nine months seemed a reasonable period in which people could have an informed campaign. The Green Papers might be published, but you then need that information to be used as part of the campaign and for people to absorb it. It requires some time.

[Lord Steel of Aikwood]

I do not dispute that. I am querying the length of time that it would take for each UK government department to produce its Green Paper. That is my point.

[Lord Forsyth of Drumlean]

Oh, I see.

[Lord Steel of Aikwood]

The nine months starts after that. I hope that my noble friend is not going to press his amendment.

In the second section, it is of course the case that the single question should relate to the future of Scotland in, or out of, the United Kingdom. You cannot assume that it would be in the United Kingdom.

Leaving that to one side, the kind of information that we would need is what the effect would be, to take one example, on the financial situation in Scotland if it were independent. There seem to be three options: Scotland is in the eurozone, which used to be SNP policy; or it is dependent on the Bank of England, in which case it is not proper independence; or else we have a Scottish currency like the old Irish punt. These options need to be spelt out. That is the kind of information for which my noble friend is pressing, and I hope that when my noble and learned friend comes to reply he will be able to give us some indication of the kind of work that is going on on these issues.

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[Lord Wallace of Tankerness]

My Lords, I did not mention that, but it is a pertinent point. Some academic bodies have produced reviews on it.

[Lord Forsyth of Drumlean]

My Lords, we have had a very interesting debate. I know that my noble friend Lord Shrewsbury has waited patiently to move his amendment and I am sure that he would appreciate it if I did not say very much. So I will not, other than to make one point to my noble and learned friend.

I thank my noble and learned friend for the response, which is very encouraging. However, for once he was a little more aggressive than I am, when he said that he wanted government departments to make the positive case for the union. That is not what this amendment is about—I do not want government departments to make the positive case for the union, I want them to set out, objectively, what issues should be tackled. I do want Secretaries of State and Ministers to make the positive case for the union and hope that my noble and learned friend might ensure that the Prime Minister—who has said that he will fight to defend the United Kingdom to the last breath of his body, I think—is aware of the strength of feeling in this House that government departments should do this. This is not something that can wait until after the Summer Recess. They should be doing it now. One by one, these departments should be setting out what the issues are. It would be completely disastrous, and actually quite wrong, if we were to allow government departments to step into the area where they were involved in advocacy as opposed to providing information. That would undermine the whole nature of the debate. There are plenty of advocates for the union—what we need are the facts. The First Minister is very fond of quoting Burns:

“But Facts are chiels that winna ding”.

I beg to withdraw the amendment.

Amendment 2 withdrawn.

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[Lord Gardiner of Kimble]

My Lords, I support my noble friend in his amendment and in doing so declare my interest as executive director of the Countryside Alliance. My noble friend has highlighted the complexities and consequent costs if the Scottish Government insisted on visitor permits for air guns from those from other parts of the United Kingdom. This reasonable amendment seeks to protect legitimate users across the country from potentially undue and disproportionate bureaucracy. Should we really be asking the police in England, Wales and Northern Ireland to spend resources and time in dealing with visitor permits for Scotland? I ask my noble and learned friend to reflect on these matters and I hope that sense will prevail.

[Lord Forsyth of Drumlean]

I support my noble friend in his amendment, which is very reasonable and quite restrained. I suspect that my noble and learned friend will say that the provision simply provides a power for the Scottish Parliament and that it is a matter for the Scottish Parliament, but that is a less than responsible position to take. We all remember the genesis of this proposal and its inclusion in the Scotland Bill; it arose because of some very tragic events in Scotland. But as is often the case, the conclusion is that something must be done—and this is something being done without the consequences being thought through, which can add enormously to the bureaucracy and difficulties.

My noble friend Lord Shrewsbury has given us a glimpse of the enormous difficulties that could be created for the police in taking them away from their vital duties in pursuit of serious crime. Air guns are not subject to numbering in the way that shotguns and other firearms are, apart from those that are very powerful. One Member of this House, who had an association with the special services, briefed me that they could actually be extremely powerful weapons. But for the vast majority of people using air guns as part of their leisure activity, they are not numbered, and there are very real difficulties with that. It seems a little perverse to argue—if my noble and learned friend is to make this argument—that we are just giving the Scottish Parliament a power and do not need to worry too much about how it is implemented, because that is for the Scottish Parliament, when that will have enormous implications for people in the rest of the United Kingdom and, indeed, the rest of the European Union. I very much hope that my noble and learned friend will at least take this away and think about the very important arguments that have been made, with a view to perhaps coming forward with some practical proposals at a later stage.

[The Earl of Caithness]

My Lords, if I might follow my noble friend Lord Forsyth, he said that the reply that our noble and learned friend was going to give was that all of this would just provide a power for the Scottish Parliament. That is true, but it has cost implications for the police forces in England, Wales and Northern Ireland. If my noble and learned friend cannot accept this amendment, would it not therefore be in order for the other police forces that are put to extra cost by the Scottish police, in seeking information about firearms, to charge for the cost of their time?

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[Lady Saltoun of Abernethy]

My Lords, I shall speak also to Amendment 10, which is almost identical. Noble Lords will no doubt remember that in Committee we had considerable discussion about the phrase “Scottish Crown Commissioner”. There was a little problem. If he were called the Scottish Crown Commissioner, he would not have been able to take part in anything concerning England, Wales or Northern Ireland. This was not thought desirable. We discussed the matter for a bit and then I had an idea—I suggested the phrase “Commissioner with special responsibility for Scotland”. To my amazement, this appeared to find favour with the noble and learned Lord, so I put it down as an amendment for Report stage. I beg to move.

[Lord Forsyth of Drumlean]

My Lords, we have been singularly unsuccessful in getting my noble and learned friend to accept any amendments so far in the long consideration of the Bill, but here is one that he cannot possibly refuse to accept. He is surely not going to argue on the basis of syntax that he could not accept the noble Lady’s very sensible common-sense amendment, which I have great pleasure in supporting.

[Lord Cameron of Lochbroom]

My Lords, it is not merely a matter of syntax—it is what the Crown Estate Commissioners represent. They represent a single body with jurisdiction over the Crown Estate in each of the four constituents of the United Kingdom. It is clear that the amendment would cure the problem and recognise that responsibility. I therefore have no hesitation in supporting it.

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Moved by

[Lord Forsyth of Drumlean]

12: Clause 24, page 16, line 23, after “of” insert “all classes of”

[Lord Forsyth of Drumlean]

I beg to move Amendment 12 standing in my name. I do not intend to move or speak to Amendment 13. This is a very straightforward amendment. I hope that I have caught the Minister on a roll and that he might feel able to accept my amendment. I am tempted to get my noble friend Lady Saltoun to move all my amendments. She speaks very briefly and the Minister says yes. Perhaps there is much to be learnt from that.

We discussed this issue in Committee and I will not go over all the arguments but essentially the Bill devolves control of speed limits to the Scottish Parliament, so we will have different speed limits north and south of the border, or the prospect of that happening. I think that is absolutely ridiculous, but given that that has been agreed by the Calman commission, and is stated in the report and in the Bill, and given that it was a manifesto commitment to implement the Calman proposals, I will not argue against the principle of the Scottish Parliament having the power to set speed limits. However, if you are going to do something like that, you need to do it properly. The Bill gives the Scottish Parliament the power to decide speed limits for motor cars but not for caravans or HGVs. It is a nonsense to have the Department for Transport responsible for some speed limits in respect of some categories of vehicle while the Scottish Parliament is limited to others. My amendment may not be perfectly drafted but the sense is clear, which is that if we are to have the Scottish Parliament taking responsibility for speed limits, it should do so for every class of vehicle and not for particular classes of vehicle.

I know that my noble and learned friend Lord Wallace and my right honourable friend the Secretary of State have been in discussions with the Department for Transport. I know that it is not always easy to get agreement on these matters but I very much hope that my noble and learned friend’s well known skills in advocacy will enable him to accept this amendment if for no other reason than that it makes for good legislation and for clarity on the statute book, which is very much required. It is rather ironic that I should put forward an amendment which seeks to give more power to the Scottish Parliament. I beg to move.

[The Duke of Montrose]

I am very interested in this issue, on which I spoke in Committee. However, I am still rather puzzled as to what the Scottish Parliament will gain from this aspect of devolution because, as far as I can see, it already has powers to introduce any speed limit that it wishes on any road. As I drive along roads in Glasgow and out in the country, I come across speed limits that are set at 40 miles an hour and 50 miles an hour. Therefore, I hope that the Minister will indicate why this aspect of devolution is required.

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[Lord Forsyth of Drumlean]

I thank my noble and learned friend for accepting the amendment. I also thank the Secretary of State for Scotland for doing battle with the Department for Transport and delivering this outcome. I think that The House Magazine has counted the number of words that I have spoken during the passage of this Bill. It is a supreme irony that the only change I have achieved so far is to increase the powers of the Scottish Parliament and to deliver more of what is in the Calman report, but such is the nature of politics. As I say, I am most grateful to my noble and learned friend. I am sure that what is proposed makes sense. I am also grateful to the noble Lord, Lord Browne, and his colleagues for their support on this matter. I beg leave to withdraw the amendment.

Amendment 12 withdrawn.