Business of the House

Debate between Lord Forsyth of Drumlean and Lord Empey

Thursday 4th April 2019 Lords Chamber

[The Deputy Speaker]

My Lords, it may be for the convenience of the House if I say that, if any of the amendments in the names of the noble Lord, Lord Forsyth of Drumlean, the noble Lord, Lord True, the noble Baroness, Lady Noakes, or the noble Viscount, Lord Ridley, are agreed to, I will not be able to call the amendments in the names of the noble Lord, Lord Robathan, the noble Lord, Lord Hamilton of Epsom, and the noble Lord, Lord Blencathra, by reason of pre-emption. In addition, if any of the amendments in the names of the noble Lord, Lord Forsyth of Drumlean, the noble Lord, Lord True, or the noble Baroness, Lady Noakes, are agreed to, I will not be able to call the amendment in the name of the noble Viscount, Lord Ridley.

[Lord Empey (UUP)]

My Lords, before we move to the next speech, I make a plea. Those of us who sit at this end of the Room cannot hear what is being explained from the Woolsack. I ask the authorities of the House, if the human race can send people to the moon and do wonderful things, how is it that we cannot get a sound system by which we can hear very important notifications about what we are supposed to be doing?

[Lord Forsyth of Drumlean]

My Lords, nor, it seems, can we actually implement what 17.4 million people have voted for.

My amendment is very simple and requires that we reject the proposal from the noble Baroness, Lady Hayter, to suspend our Standing Orders, and that we treat this Bill in the same way as we would treat any other Bill. I appreciate the points that have been made about the urgency of the consideration of this matter, but I have already indicated that it would have been perfectly possible for us to consider the Second Reading of this Bill today and have its Committee stage on Monday. That would have given people a chance to absorb the arguments, to treat them properly and to put down amendments. As it is, it will be extremely difficult for people to put down amendments for the Committee and Report stages of what is a vital Bill.

The noble Baroness suggested that this is some kind of partisan exercise by leavers. I have to say that those who are jeering have probably not read the Bill. If they read it, they will find that it makes it much more difficult for the Prime Minister to reach an agreement on her extension, because she has no authority. She has to come back to the House of Commons if something is proposed that is not as she has proposed, and it actually makes the process more difficult for those who wish to avoid no deal and see this carried through speedily and effectively. It passed the House of Commons by one vote without amending that very basic point.

What this House is very good at is reading legislation, putting down amendments and agreeing sensible conclusions. It was impossible for the other place to do this, given the timetable that was set. When the Secretary of State, Stephen Barclay—who I think has done a magnificent job in very difficult circumstances—complains that he has only a few minutes to address these matters, something has gone very awry. I was struck, and indeed moved, by what he had to say at 7 pm last night in the House of Commons:

“We are passing the Bill in haste and do not have adequate time to debate it in the manner that I would like us to—there is only one minute left on the clock. There are problems with the speed of its passage, the constitutional principle of it and the way it will interact with any decision reached by the Council that differs from the earlier decision taken by the House. I hope that the constitutional experts in the other place will address some of the Bill’s flaws. It is because of those defects that the Government will oppose the Bill, and I urge Members to oppose this defective Bill”.—[Official Report, Commons, 3/4/19; col. 1146.]


If ever there were an invitation from a Secretary of State to ask this House to do its constitutional duty, that is it.

In the most appalling circumstances, when time for debate was very limited, the thing was rammed through the House of Commons in nine hours. All my amendment does is say, “Please can we actually do our duty and carry out the proper scrutiny of this Bill, and reject the suggestion by the noble Baroness, Lady Hayter, that it all has to be done in haste?”

Scotland Bill

Debate between Lord Forsyth of Drumlean and Lord Empey

Monday 29th February 2016 Lords Chamber

[Lord Empey]

My Lords, I said earlier that I considered the terms of the Smith commission to be effectively a treaty. Nothing I have heard last week or this week has changed my mind on that.

Can the Minister clarify a couple of things? A borrowing power for revenue shortfall is included in the framework. Certainly in Northern Ireland, if we had money left over, we used to be able to roll it over, but that was severely restricted, down to one year. On the point that the noble Lord, Lord Forsyth of Drumlean, made, about the spillovers and the behavioural changes, is that borrowing power designed to deal with the unintended, and perhaps unforeseeable, consequences of behavioural change; for instance, on welfare, which may not have been anticipated—some of it could have been weather-related or there could have been other sorts of issues—and is that borrowing power designed effectively to operate as an insurance policy to keep the wheels going until a review can take place, or are the spillover arrangements effectively an insurance policy against mistakes that are made so that the Scottish Government will not run out of money? What will the borrowing limit be, both for revenue and capital expenditure? Will it be tolerable for capital moneys to be converted and used for revenue? All these things are important, because it has already happened. I understood that there used to be a complete ban on that happening but it has happened, and I wonder where this process is going.

I understand that all the devolved Administrations are now able to borrow from the Treasury through the loans fund. Are there limits on this? The borrowing that occurs in Northern Ireland is becoming very substantial. By the end of the next financial year or maybe the year after it could go up to £3 billion, and £700 million of that is to pay off 20,000 workers because they did not take any precautions and start four years ago to gradually run down the number of civil servants that they knew they did not have money for. Their budgets were provided for them by the Treasury in 2010 and they knew about it four years in advance. Now they are borrowing £700 million to make 20,000 people redundant. I understood that the Treasury was very protective of the national cash limits, but it seems to have lost the plot and is now permitting devolved Administrations to borrow, and there do not seem to be any limits.

[Lord Forsyth of Drumlean]

My understanding is that it is proposed that the Scottish Government will be able to borrow money on the money markets and issue bonds, and will thus have more expensive borrowing than is available to the UK Government, which is another thing that is difficult to understand.

[Lord Empey]

I can say to the noble Lord that we raised several times with the Treasury the question of issuing bonds for capital projects. Some people in America who wanted to be helpful said that they would be interested in providing resources. However, the Treasury blocked that on the basis that it would have to go on to the national debt because, unless it was ultimately guaranteed by the Treasury, there would be less likelihood of investors coming forward to take over the bonds. Therefore, the national Government would be required to guarantee the debt. I do not know whether the Treasury is no longer concerned about things going on to the national debt but that used to be the big thing that it wanted to ensure was adhered to. Is the situation here that the Scottish Government’s decisions are effectively being insured? If so, I assure the Minister that there will be others knocking on the door for that insurance policy.

Scotland Bill

Debate between Lord Forsyth of Drumlean and Lord Empey

Wednesday 24th February 2016 Lords Chamber

[Lord Forsyth of Drumlean]

Indeed, I am familiar with the no-detriment principle, which is that policy changes on either side of the border should not have a negative impact on either country, and this is a classic example. So it is actually against the Smith commission proposals and, as the noble Lord, Lord Faulkner, pointed out, it is perfectly possible to maintain the integrity of the British Transport Police and meet the requirements of the Smith commission.

Can this be the same Government who are busy arguing that it is necessary for us to maintain our relationship with the European Union in order to maintain our security because of the importance of being able to share cross-border information et cetera? That same Government are now arguing and supporting a proposal that we should break up within our country a police force that operates cross-border. What is going to happen when the train gets to the border? Do the British Transport Police get off the train and somebody from Police Scotland gets on the train? How are they going to share information? What will the cost of all this be?

We have already had a glimpse of what might be in the fiscal framework: £200 million will be given to the Scottish Government to administer the welfare proposals that are being administered in large part in Scotland at present. That is money that would have been far better spent on welfare and not on bureaucracy. And here we are again. I always use the old cliche, “If it’s not broken, don’t fix it”. This is an organisation that has, as far as I am aware, served the public on the Glasgow Subway and throughout the rail network system. It is a specialist area, with the force operating on trains in dangerous circumstances using an experienced cohort with an esprit de corps. No one I have seen in the British Transport Police or among anyone with experience in this area supports what is being put forward. It is being put forward in order to kowtow to this obsession with trying to put a kilt on everything. It seems to me that the Government would do well to consider the amendments that have been put forward by the noble Lord, Lord Faulkner, think again and come back at Third Reading with something that looks to protect the interests and security of the people on both sides of the border.

I listened to the noble Lord, Lord McAvoy. He said that, basically, this is all very difficult and, although we would like to do something, we cannot offend against the principles of the Scottish Government being able to decide these matters. I say to my noble friend the Minister in all seriousness: if there is an incident as a result of this change which would not have occurred otherwise, Ministers will find themselves suffering extreme criticism, and deservedly so. I hope that my noble friend will think again on this and come back with an amendment at a later stage that preserves the integrity of this important force.

[Lord Empey (UUP)]

My Lords, I would like to speak to Amendments 41 and 42, and then move to Amendment 44 standing in my name. First, I thank the Minister and his staff for facilitating meetings and discussions, and, indeed, the representatives from the Department for Transport for making themselves available. I would also like to commend the contribution from the noble Lord, Lord Faulkner, which was a tour de force of the situation that is in front of us.

When I tabled an amendment in Committee I never thought for one moment that the ripples would go out as they have—it seemed to strike a chord with people. We are fixing a problem that does not exist. The force’s figures and its success rate are all moving in the right direction. I have heard no criticism of the service delivery and am completely unaware of any proposal that would enhance the service. I have no doubt that officials, working with the Scottish Government, could come up with mechanisms to make the situation work. That is what civil servants do. My experience is that if Ministers ask them to do something, they do their best to deliver it, so something could be put together.

Scotland Bill

Debate between Lord Forsyth of Drumlean and Lord Empey

Wednesday 24th February 2016 Lords Chamber

[Lord Empey (UUP)]

My Lords, if I may follow the point just made by the noble and learned Lord, Lord McCluskey, I said in Committee that I believed the outcome of the Smith commission had the status of a treaty. I did not say that in any negative fashion, but I have seen all this before. Once these deals are done, we are going through the motions here. There is a political imperative: all the Front Benches signed up to whatever happened a week or 10 days before the referendum. What we have before us is the same procedure that flows from Europe, goes into the mixer in Whitehall and comes out as Smith-plus. That is where we are. It does not matter what the merits are of the amendments of the noble Lords, Lord Norton of Louth, and Lord Forsyth, or of any other noble Lord. The political decision has been taken and the Front Benches are paralysed, because they have reached a position, for political reasons. We know it, all noble Lords know it; the dogs in the street know it. That is where we are.

[Lord Forsyth of Drumlean]

Is the noble Lord suggesting that we are all wasting our time?

[Lord Empey]

Perish the thought of such an outrageous consideration, but I suspect that the Government will be impervious to our arguments, if I might put it that way. The reason is that a political decision has been taken. We all know that. I happen to think that the Front Benches are wrong. I have had many years of experience of dealing with nationalism. It is a perfectly legitimate aspiration, in Wales, in Scotland, in Ireland or anywhere. There is nothing wrong with it. It is part of our national life. However, it is a fundamental mistake to believe that if you give folk the power, they will make such a mess of it that the people will be relieved to get rid of it when the time comes. That is not going to happen.

I think the noble Lord, Lord Cormack, referred to the Danegeld. We have been doing this in Ireland for years—decades—and all it has done is grow, sustain and feed the forces that are anti-British. We will have later amendments where the very word “British” is the issue, irrespective of the substance of the matter we are debating. Therefore, I understand where the Minister is at. He is a very articulate and capable Minister but he has a concrete block and there is nothing he can do with it except present it to us and, sooner or later, it will be nodded through.

Scotland Bill

Debate between Lord Forsyth of Drumlean and Lord Empey

Tuesday 19th January 2016 Lords Chamber

[Lord Empey]

My Lords, before I commence, perhaps I could just follow up on a serious note the point made in the last discussion. I think that we are all in favour of the promotion of minority languages, but the danger we have seen is that a genuine love of a language has been seized upon and used as a badge of difference. That is the risk attached to all these things.

I tabled this probing amendment because I was slightly puzzled and concerned at the potential direction of travel that could be achieved by the outworkings of this clause. First, as I understand the Bill at present, it does not in and of itself alter the existing arrangements for policing railways and transport as set out, but it provides the potential for a subsequent point at which the Scottish Parliament and Government could take over responsibility for the functions of the British Transport Police, its chief constable and senior officers and of course for its equivalent of a police authority. We all know that we live in dangerous times; I just wonder whether we are trying to fix a problem that does not exist here.

I am not aware of there being a series of complaints about the conduct of the policing of transport in Scotland. As far as I can see from the figures, the police are bearing down well on crime—crime on railways, as I understand it, is diminishing in Scotland—but there are two or three areas that would concern me. First, where policing functions are devolved to the Scottish Parliament, it is natural that there will be an interest in all matters pertaining to police, but I think we would have to acknowledge that transport policing is not a geographically based function. Indeed, it is the very opposite of that, and a specialist series of skill sets are required to perform its functions. One of the most significant of those skills is of course counterterrorism, because transport links are used regularly by terrorists to carry out their activities. Sadly, we have seen in the last few months in Belgium and France, as we saw previously in Spain and other countries, attempts being made to use the transport network to promote terrorism. So people who have an expertise in that area and are used to dealing with it in transport terms have certain skills.

Sadly, another thing that has happened is that transport networks have attracted people who have sought to end their lives. That can also cause huge distress and great disruption. We also know that people traffickers and other elements use transport networks to fulfil their functions and carry out their nefarious activities. I am a little concerned that here we have a service that is being performed and, as far as I can see, performed well. I am not aware of complaints about the operation of the British Transport Police, as they apply to Scotland. We can also tell that when certain crimes are committed, the precise jurisdiction in which they are carried out can be unclear. We are talking about a border which is not immediately obvious to a passenger.

I would also like the Minister to tell the Committee, in the circumstances where the Scottish Parliament decided to take over responsibility, would a British Transport Police officer have the power of a constable in Scotland? Would that person be able to function on the Scottish side of the border, in circumstances where Police Scotland would be the authority in charge and responsible? Is there not the potential for huge confusion here? It is important that the Committee teases this out at this stage so that when we come to Report and so on, we have clarity. Are we trying to fix a problem that does not exist?

There is a unique skill set in policing not only the railway network itself but the stations and associated estate that go with it. It is difficult for a service that has existed for many decades, and built up that expertise, all of a sudden to transfer that expertise to a geographically based police service that quite naturally thinks and deals with things in a totally different way. Given also that we are talking about a GB-wide network which respects no border—in so far as railways, in particular, pass through borders without any distinction between one area and another—surely there is some sense in having consistent and coherent policing of that network.

That is not to say that the Government and Parliament in Scotland would wish to exclude themselves from any interest in these matters—of course they would be interested, and quite rightly so—but what purpose is being served by this if there is no evidence that a problem actually exists? If there is no evidence that crimes are going undetected or that there is a major failure here that needs to be addressed, I would just be concerned, as we had some experience of this in our own jurisdiction. We had to wait for over three years before we could get political agreement to get the National Crime Agency going in Northern Ireland because people had a political issue with it—not a policing issue with the NCA but a political one. In circumstances that included people trafficking, smuggling and potential terrorists coming and using our area as a backdoor into the United Kingdom, it was not the policing issue that was at the top of the agenda.

Why has this particular issue been given such prominence? It is inconceivable that proceeding to change and hand over these functions to Police Scotland would have no potential effect on the United Kingdom. This is not something that has no implications for the rest of us, for the following, simple reason. If criminals originate on the Scottish side of the border, what are the co-operation and communication issues going to be? Are we suggesting that a Scottish police constable would be on the train as it left Scotland, and does that mean that there has to be a British Transport Police officer when it gets to Cumbria in charge of an investigation or tracking a criminal or a criminal gang? These are the sorts of questions that we have to ask, and this Committee is the right place to ask them.

Virtually all parties are committed to the implementation of the Smith commission, and I am not in any way trying to stand in its way, but where there is an issue which could affect all of us, it is fair to say that we are perfectly entitled in this Parliament to ask these questions and to seek explanations. I beg to move.

[Lord Forsyth of Drumlean]

My Lords, I rise to support the amendment of the noble Lord, Lord Empey, as this is a crucial proposal in the Bill. The origins of it were in the Smith commission’s report, following which the Government said:

“How rail transport is policed in Scotland will be a matter for Scotland once the legislation is passed”.

I noted that last year Scotland’s Justice Minister said:

“It’s been the Scottish government’s view that this would be better if it was integrated into Police Scotland given that it would sit alongside our national police service”.

At one time, we had local police forces which commanded respect and were extremely efficient, and a system that worked very well in Scotland. My old constituency in Stirling, where I live, had the Central Scotland Police, which was the smallest in Scotland; there was also a Highlands police force. Those forces were able to deal with issues while understanding the culture, background and nature of the areas to which they were responsible. That worked extremely well, but the system has been smashed up with the creation of this national Police Scotland force. It was going to save a lot of money, but the result has been a complete disaster. We lost the first chief constable in a series of controversies over arming the police, the inefficiency of the service and various other matters. We have seen infighting and disruption in the governance body responsible for Police Scotland, with the resignation of the chairman. The whole thing has been a disaster from every point of view.

Scotland Bill

Debate between Lord Forsyth of Drumlean and Lord Empey

Tuesday 8th December 2015 Lords Chamber

[Lord Forsyth of Drumlean]

This amendment again relates to an issue that we touched on in our discussion of earlier amendments. The amendment would require that any referendum, as proposed in new Section 63A(3) as inserted by Clause 1, regarding the abolition of the Scottish Parliament, which I must say is highly unlikely, should be a referendum for the whole of the United Kingdom. If there were circumstances where perhaps we had a new Act of Union, or we were establishing a new federal constitution, or—this is hard to imagine—the Scottish Parliament was to be abolished, it would have huge implications for the rest of the United Kingdom.

If there was to be a referendum, it would be, as provided in the Bill,

“on the basis of a decision of the people of Scotland”.

We have had some debate as to who the people of Scotland are and whether Mr Andy Murray is in that category. If there was to be a referendum, I accept that proposals would need to be brought forward for its conduct, but at a later stage in the Bill we give the powers to set the rules and nature of referendums to the Scottish Parliament. Would that apply to this particular referendum? It seems to me that if we were making a huge change, where we were bringing back into the United Kingdom a system of government—perhaps into this Parliament or some other system of government—that that would be a matter for the whole of the United Kingdom, not just the people of Scotland. Therefore, my amendment would simply substitute “Scotland” with “the United Kingdom”. I beg to move.

[Lord Empey]

My Lords, the noble Lord, Lord Forsyth, makes a good point in so far as referenda in one part of the United Kingdom clearly have implications for the others, but there would be fairly significant inconsistency. If we look at the Belfast agreement and its proposals for a referendum in Northern Ireland, it is exclusive to the people of Northern Ireland. If the carry-through from his amendment would be that the people of the rest of the United Kingdom would have to vote in that referendum as well, that would mean that there could be two different outcomes. So clearly there are difficulties.

I fear that we are trying to treat the Smith commission and the political issues swirling around it as if they were a treaty rather than a piece of domestic legislation. That is why we are getting ourselves into difficulty here. This amendment would need to be looked at very carefully because of the inconsistencies that could arise. I accept entirely that additional powers to a devolved region would affect everybody else, but, equally, a referendum regarding sovereign status is a very different thing.

Corporation Tax (Northern Ireland) Bill

Debate between Lord Forsyth of Drumlean and Lord Empey

Tuesday 17th March 2015 Lords Chamber

[Lord Forsyth of Drumlean]

My Lords, I hesitate to intervene in a debate on a Bill which is exclusively concerned with Northern Ireland. I do so because I am opposed to the Bill because I do not believe that it is a unionist measure. Indeed, in the Second Reading debate in the other place on 27 January, the Secretary of State, Theresa Villiers, in describing the proposed regime, which is different for small businesses and large businesses, said:

“Larger businesses will need to divide their profits between Northern Ireland and Great Britain, as they do now between the UK and other countries”.—[Official Report, Commons, 27/1/15; col. 744.]

The very fact that she should use phraseology like that goes to the heart of this Bill and to why it is thoroughly undesirable.

I realise that it is perhaps a little rude to be critical of a legislative provision for Northern Ireland on St Patrick’s Day, but on St Andrew’s Day we had the policy of further, not-thought-through devolution to Scotland, on Burns Night, we got the draft clauses which were subsequently amended and which do not work and on St David’s Day, we got votes for 16 year-olds as part of this continuing package of piecemeal dismantling of our constitution and our United Kingdom. All I can say is: thank goodness St George’s Day will be during the election campaign and there will be no opportunity to come along with further measures that relate to England.

Obviously there is great support from people who have a distinguished record of representing Northern Irish interests but I am genuinely puzzled as to what the point of this Bill is. Apart from it being called the Corporation Tax (Northern Ireland) Bill and the Speaker of the House of Commons having certified it as a money Bill, I can think of no reason why it should be a money Bill other than it enables the Government to rush it through Parliament as part of the deal they made for a balanced budget in Northern Ireland and for agreement to welfare reforms which are now being reneged on. Indeed, my noble friend said from the Dispatch Box in introducing this Bill that the Government have no intention of implementing it unless the deal they agreed, which is the reason this Bill is being rushed through the House, is actually met. This is a very shoddy way in which to go about major constitutional reform.

A number of things are being said, such as the Republic of Ireland benefiting because of its lower corporation tax regime. It is true that the corporation tax regime for some revenues is 12.5% but it is 25% for revenue that is not allowed. The reason this Bill takes 87 pages to allow Stormont to set the rate of corporation tax and prevent it from setting or changing any of the allowances is because it adds huge complexity to the tax system. Back in 2005 the then shadow Chancellor asked me to do a tax commission report. We laboured for a year and were charged with having a simpler, flatter, fairer, lower tax system. This is the antithesis of that. There are pages and pages explaining how dredging, films or a whole range of other activities will be affected and how large companies have to decide which of their profits have been earned as a direct result of Northern Ireland. I declare an interest as a director of a bank and an insurance company. Financial services are not allowed to take advantage of this although I think that if you can certify that 70% of the back-office activity is in Northern Ireland it is allowed, but only as a one-off option. What about call centres and things of that kind? The Bill creates huge complexity, which may very well tempt people to go to Scotland where they do not have to have two sets of accounts rather than Northern Ireland. All of this is being done in order to give Stormont the opportunity to set a different corporation tax rate. We assume, if it is about tax competition, that that rate would be set closer to the level of the Republic of Ireland for trading activities at 12.5%. According to the Government the cost of that will be £325 million. My noble friend Lord Shipley talked about distortions in air passenger duty. I think I am right in saying that Stormont already has the power to set air passenger duty but does not because it would cost £50 million to do so. Yet here we have something that could cost—

[Lord Empey]

The air passenger duty issue was designed to enable the link between Belfast International Airport and New York to survive. It has been applied only to that route because it is the only direct route from Northern Ireland to the United States. No attempt has been made to alter domestic air passenger duty.

[Lord Forsyth of Drumlean]

I understand that. I was making the point, perhaps wrongly, that one reason why it has not been done is that it would result in a reduction in the block grant—the point made so eloquently by the noble Baroness, Lady Blood. I think that my noble friend Lord Alderdice earlier referred to the position in Scotland, where the Scottish Parliament allowed its income tax raising powers to desist. They were never used. The reason they were never used was that using them would have resulted in a corresponding reduction in the block grant. It is not terribly electorally smart to tell people that you are going to put their income tax rate up by 3p and, in return, you are going to have the block grant—which is already very generous because of the Barnett formula—reduced by exactly the same amount, so you ask people to pay more tax in order to stay where they are. Exactly the same applies here, unless you believe that a reduction in corporation tax will result in more revenue. I do believe that that is the case, but I would prefer to see this Government, who have made fantastic progress in reducing the rate of corporation tax for the United Kingdom as a whole down to 20p for the next financial year, continue in that way. If we think that there is such a huge problem in tax competition from the Republic of Ireland, the answer to that is to reduce our corporation tax rates nearer those of the Republic of Ireland. But we do not do that because the cost would mean that we would have to make cuts in other public services, such as health and education. Exactly the same applies to Stormont.

Scotland Bill

Debate between Lord Forsyth of Drumlean and Lord Empey

Thursday 26th January 2012 Lords Chamber

[Lord Forsyth of Drumlean]

My Lords, I hope I can persuade the noble Baroness to be a bit braver. We should not be too concerned about how people present it. The noble Lord’s amendment is not actually imposing anything, it is just saying that a committee should be set up to look at these issues.

I am told that I am supposed to be terribly grateful, as a Conservative, for the system of election that was put in place for the Scottish Parliament, and that I am the fellow who lost every seat when we had 8.5 per cent of the vote. I noted at the last Scottish elections that the Liberals’ share of the vote was down to 5 per cent; I think on the list system it was about 7.8 per cent. We never reached that particular nadir. The relationship with the number of seats that people win in Scotland because there is a four-party system is odd, to say the least. The nationalists have now got 45 per cent of the vote because of the way the system operates, like an avalanche, once a particular shift occurs.

There are a number of faults with the system. I will not repeat the arguments. Of course, one is this problem of having people in your patch trying to do you down, using constituency issues for that purpose. When I was the Member of Parliament for Stirling, one-third of my constituency had never had anything other than a Tory for as long as people could remember; one-third had never had anything other than Labour; the other third could go either way. This is going back to ancient times, but in 1983, even though I was a Thatcherite Tory and many of my constituents were not particularly committed to that view, you were respected as the Member of Parliament, and you made sure that you treated everyone equally, regardless of how they voted, and did your best. You were first and foremost the representative of your constituency.

I have watched what is happening in my constituency now, where you get different parties playing politics and constituents going to one after the other, and people trying to get stories in newspapers and using public funds to promote themselves, and undermining that relationship between the Member of Parliament and his constituents, which is an absolutely vital part of our system and which has been further undermined by the scandals over expenses and other matters. The whole system of being a Member of Parliament works—not because you have any real power but because when you send a letter on the headed notepaper, whether it is the Scottish Parliament or the Westminster Parliament, people sit up and take notice. I regret to say that is happening less effectively because of the damage that is being done and the fact that you have people playing politics.

Goodness knows—I will be tempted—if we are going to have elected Members of this House on a 15-year term, and the average lifespan of a Member of Parliament at the other end of this building is about eight years, that means we will have elected Lords who will last twice as long as Members of Parliament, and who will then be in a bigger patch, using their position to kill off all their opponents. I cannot think of anything worse. So there is an issue here that the noble Lord is right to identify.

There is something else I would like to say, which is probably going to get me into trouble with my party and upset a number of my colleagues. In this system, the way the list operates means that all you have to do to get into the Scottish Parliament is to make sure that you are in the right position on your list, as the noble Lord has pointed out. In my party, that means that all you have to do is get the membership to vote for you. If you are the incumbent and have been around for a long time, it is easier to achieve that because they know the name. Built into the system is something that gives the incumbent an advantage. That can be a good or a bad thing but the worst feature of this is that because you rely on the membership voting to give you your place on the list, you have a vested interest in having a declining membership. All political parties have suffered a lower membership. When I was Member of Parliament for Stirling, I used to recruit members. We had 2,500 members. Now we have 300. I thought, “What is going on in Stirling?”. Then I discovered that in the whole of Scotland we had 10,000 members. Yet we have got about 18 MSPs. We have a system that creates a self-perpetuating hierarchy who have an interest in having less and less contact with their constituents. If ever a system needs to be looked at and reformed, this is it.

[Lord Empey]

Perhaps I may say to the noble Lord that there is no perfect system. We use STV for local government, the Assembly and for Europe. While the same applies in terms of the selection of any candidate for any form of election having a small party that he or she can rely upon, the other ingredient that you have with STV is alphabetic. We have examples of people changing their names and using a hyphenated name—Aardvark-Bloggs or something like that—because they prefer to be at the higher end of the alphabet, and under STV they come first.

In my party, I have examples of councillors who have changed their names to double-barrelled names beginning with A. There is no absolute perfection in all this. People abuse any system and if the noble Lord wants to become Senator Aardvark-Forsyth, we look forward to that as well.

[Lord Forsyth of Drumlean]

I will take that as a speech in favour of first past the post. I should declare an interest because the first election I won was for a Labour ward on Westminster City Council. Of the three candidates, I was the only Conservative who was elected and I am sure that it was because my name began with F. That is certainly a good point to make.