(7 years, 10 months ago)
Lords ChamberExcept that I have not finished. Finally, on Amendment 22, there is an interesting idea in subsection (2). Ministers have been extremely active in engaging with Select Committees and both Houses of Parliament. My noble friend Lord Bridges has done an outstanding job in talking and engaging with everyone. There is an interesting idea that perhaps it is possible as we go forward with the Bill to find some way of operating with committees of Parliament with some degree of confidentiality, although experience tells me that dealing with Parliament with some degree of confidentiality is not always easy to achieve. I am just about to sit down but I give way to the noble Lord, now that he is awake.
I just say to the noble Lord that at least I am not asleep.
(8 years, 9 months ago)
Lords ChamberIf the noble Lord had been listening to me, the point that I was making—I am sure he understood it—is that we are net contributors to the EU and therefore what comes back is money that we have already contributed. If we did not have to join the EU we would have that money and be able to spend it on our priorities in science and research.
The noble Lord, Lord Judd—I am not sure whether he is in his place—talked about how Ministers were wrong in the way they operated within the EU. They would come back and announce that something had been a great triumph when it had been a disaster. I confess that I have been in that position. The person who turned disaster into triumph was the noble Lord, Lord Kerr. He is brilliant at taking a disaster and making it look like a triumph—as we saw from his speech when he explained how the Prime Minister’s negotiation was a great triumph. I am delighted to see that he has lost none of skills.
However, the problem still remains. The fact that the Prime Minister, with all his energy and enthusiasm, spent six months going round the European capitals, flying here, there and everywhere, staying up half the night and coming back with a mouse of a negotiation, indicates just how impotent we have become in the European Union, and what is the central issue of this referendum campaign: how can we get back to a position where our Prime Minister can make minor changes to welfare without the permission of the European Union?
I have to say to my noble friend on the Front Bench, Lady Anelay, that during the debates on the referendum Bill, she assured us that the Government would not abuse their position and use taxpayers’ money for a particular position. The documents that have been produced to date are a travesty of these promises. My noble friend Lord Ridley did an excellent job in highlighting some of these points.
I look at the stuff that is coming out from the Government in arguing for remaining in the EU. We are told that 3 million jobs will be lost and that cheap flights and holidays will be at risk. The Chancellor of the Exchequer is abroad saying that our economy will be subject to a great shock, and he is getting some of his chums in the G20 to join in the clamour. How that helps to strengthen the pound, I do not know. Special advisers are getting on to business leaders, cajoling them into signing letters, and generals and others are signing letters. We even have the Governor of the Bank of England—a position that has always been outside politics—saying that our country depends on “the kindness of strangers”—a quote from “A Streetcar Named Desire”, or Emma Thompson running down the country. How any of those things are advancing Britain’s interests, I do not understand.
Of course, there is the big business agenda. Why does big business like Europe? Because it can go to Europe and spend £1.5 billion on lobbying and shut out competition. We had a classic example of that today. Look at the front page of the Times where Europe has suddenly, unexpectedly, decided that vaping should be treated as a tobacco product, so the cost should go up. I wonder who has been lobbying Brussels to achieve that? The tobacco companies and others. Who will suffer disbenefit? The people of this country who, in their hundreds of thousands, have been able to give up smoking tobacco to have vaping.
I remember when I, along with others, tried to introduce anti-smoking legislation in the other place. We were lobbied again and again. The noble Lord, Lord Forsyth, and all his colleagues were the people who acted on behalf of the tobacco companies. I would name some people if I had the time who were paid by the tobacco companies and who either were or went on to become Ministers in the Conservative Government, so he had better be careful.
The difference is that if the Government do something that is against the interests of the public, the people of Britain can throw them out. There is nothing they can do when Brussels passes a directive. It is almost impossible to reverse directives because you have to have the support of all the other member states—and all the horse trading that goes on.
I would like to tackle one of the arguments which is utterly irresponsible coming from unionists. It is the argument saying that if we vote to leave the European Union it will threaten the integrity of the United Kingdom and the Scots will vote to leave the union. For any unionist to make that argument is grossly irresponsible. First of all, as unionists, we believe in the United Kingdom. This is a United Kingdom decision. We do not accept the idea that there is no mandate for the whole of the United Kingdom. This is what got Labour into trouble because it started saying that the Tories did not have a mandate in Scotland. As a result, it fed the nationalist tiger and now it is reduced to one MP in Scotland. Let us not have any more of this notion that this is not a decision for the whole of the United Kingdom.
I was very struck also by the Times today, which published a letter from that great man Tam Dalyell, who defied the Labour Whip to vote for us to join the European Union and joined Ted Heath in the Lobbies. His letter in the Times pointed out that this is a ridiculous argument. There is no appetite for a further referendum in Scotland and, indeed, the Prime Minister has just stuffed the mouths of the Scottish nationalists with gold to get them to sign up to the new powers in the Scotland Bill. No Scot in their right mind will vote for bankruptcy because that is what independence would mean, with the oil price where it is and the current state of the economy in Scotland.
Of course, there are many positive benefits that could come to Scotland from being out of the European Union. Let us take one export industry—Scotch whisky—and one country. In India, Scotch whisky makes up 1% of the spirits that are drunk but the tariff is 150%. Yet the European Union has just failed again to reach a trade deal with India. We could do a trade deal that could be of huge benefit, and there are enough Indians and enough of a market to keep all the distilleries in Scotland working till the end of time in order to supply it. That is just one example.
The noble Lord has had a go. When they say a trade deal would take 10 years or more, I ask: how long did it take to do the trade deal with Ukraine? It was done in one month. I believe that two issues are at stake here: cost and control. We need to be able to control immigration—not stop it, but decide what happens. How else are we going to meet our manifesto commitments on numbers, and how else are we going to prevent discrimination against people from Commonwealth countries and elsewhere in the world?
If we are honest with ourselves, this is about how we see ourselves as a country. Do we have the Mandelsonian view that it is all over, or do we see ourselves as a country with a great past and a great future, based on the innovation and expertise of its own people?
The noble Lord says that I sound like Alex Salmond. That is another reason why the nationalists should not be taken seriously when they argue that leaving the EU would lead to the break-up of the United Kingdom. The Scottish nationalists must be the first nationalist organisation in the history of the world to think it can get independence by joining a supra-national bureaucracy that is not accountable to the people concerned.
The noble Lord says that I sound like Alex Salmond. Perhaps, then, I shall conclude like Alex Salmond, by quoting Robert Burns:
Be Britain still to Britain true,
Amang oursels united;
For never but by British hands
Maun British wrangs be righted!
(9 years ago)
Lords ChamberMy Lords, if I may plagiarise Monty Python:
“And now for something completely different”.
I am going to be positive and come up with some new ideas, and try not to be repetitive. Many people here will recall that at the opening of the Scottish Parliament in 1999 the late, great Donald Dewar read the first words from the then Scotland Act:
“There shall be a Scottish Parliament”.
He went on to say, “I like that”—and we all felt much the same. But even then, with only one chamber in the Scottish Parliament, questions arose about whether there would be sufficient checks and balances.
The people who raised these questions were reassured by many other people, including from my own party and my own side, and told not to worry about it. First, we were told that that the electoral system they had devised would ensure that no party would have an overall majority—well, we know what happened to that. Secondly, we were told that the committees would have a new role and that they would be the checks to control the overweening and overpowerful Executive. But that has not been the case, as many people here will know. In fact, the irony is that in this Parliament at Westminster, the committees in both Houses have been far more powerful in controlling the Executive, challenging and questioning them, whichever Government are in power, than they have been at Holyrood. It was also agreed at the time that the electoral system would be reviewed after two elections if it did not appear to be working in the right way—but that review has not happened.
After the last election, we have effectively in Scotland a one-party state. That controversial comment has been made by a number of people and challenged by the SNP, because of course there are other parties in the Scottish Parliament, but it has an overall majority which it uses powerfully, coherently and effectively. It has decided to choose one of its number as the Presiding Officer but could have chosen someone from another party. There has never been a Labour Presiding Officer, for example, in the Scottish Parliament. When we were the largest party at first in 1999, we allowed—in fact, we encouraged and moved—the noble Lord, Lord Steel, to become Presiding Officer in the Scottish Parliament, much to the chagrin of my good and noble friend Lord Maxton.
The majority on committees is exercised powerfully. I do not know of one committee report that has been critical of the Scottish Government. The Justice Committee got nearest but was still far away.
Civil society—I had better not mention the Law Society of Scotland on this occasion—is increasingly in thrall to the one party in control at Holyrood, using, alternately, the carrot and the stick. As a result of that, there have been a number of mistakes, and the Scottish Parliament has legislated in ways that have caused tremendous problems, which I would argue would not have happened if there had been either pre-legislative scrutiny or a second look by a second chamber. Police reform is one example, and there are several examples in education, for example in the current universities Bill, which is creating huge problems already.
I will mention two specific examples, since, as we saw in the last few debates, we have so many lawyers in the House. One was the misguided attempt to abandon corroboration in Scots law—my noble and learned friend Lord McCluskey played a large part in raising concerns about this issue—which would not have happened if there had been either pre-legislative scrutiny or checks by a second chamber.
The other is the Act that is supposed to deal with sectarianism in Scottish football. As a number of Members will know, I am a great enthusiast for a particular football team, Heart of Midlothian Football Club. Unfortunately, there has been sectarianism in Scotland over time. The Government brought in the Offensive Behaviour at Football and Threatening Communications (Scotland) Act, which has been criticised not just by Celtic and Rangers but by a number of people. I read in today’s Daily Record that even Phil Boswell, an SNP MP—who is under a bit of criticism for other things at the moment—said his own party’s law on this was a “major blunder”. I would argue that that major blunder would not have happened if we had had the second chamber that I am proposing.
The second Chamber here has asked the other Chamber—the House of Commons—the government majority in it and, thereby, the Government to think again on a number of things. We asked them to think again on onshore wind after they arbitrarily cut the grants a year early. We are currently looking at votes at 16 and 17 and asking them to think again—today they were doing that and thinking again about it. Most notably, we asked them to think again about tax credit cuts, and thankfully the Chancellor did think again and decided to abandon the proposals. He would not have done that if we had not challenged the measure in the House of Lords.
This brings me to my proposals. Some people, including some of my own friends, have suggested that this is yet another ad hoc change to our constitution. I agree with that and am only doing it because that is the way we do things at the moment. I repeat what I have said on so many occasions in this House: I am in favour of a UK constitutional convention to look at things in a comprehensive way. But we are not at that position yet, as the Government have not accepted it. Everyone else—every other party and much of civil society—has accepted it but the Government have not yet been persuaded to accept it, so we have to look at this bit by bit.
I am suggesting a senate of modest size, with 46 members. I have given the number of members that would be elected in each of the eight regions of Scotland, based on the current electorate, which brings us to a total of 46. I am grateful to the Legislation Office for help in drafting this amendment. One of its suggestions was that the Boundary Commission for Scotland should be included and be given the power to look at the regions and the number of members returned from each region. I think that is right.
I suggest that it should be elected by a different system from the present Scottish Parliament, and I suggest single transferable vote. That is not to get the support of the Liberal Democrats—I have the support of the noble Baroness, Lady Suttie, who sends her apologies for not being able to be here today—but because it is the right thing to do, not in every case but in this particular one.
Also, I suggest the election should take place at the same time as that for the Scottish Parliament. One of the other criticisms I have had about my proposal is the cost of it. The cost would be reduced if the elections were carried out at the same time. There have been suggestions from my noble friend Lord Maxton and others that it might be better to have it in between elections to the Scottish Parliament, and that is something I would be willing to look at.
The senate I propose would be able to carry out pre-legislative scrutiny and review legislation. It would have debates as we do on topics of particular interest and committees with the power to call Ministers to give evidence. As I say, the one criticism I have had is that of cost. That is why the size is relatively modest. I do not necessarily think that its members need to be full-time, although that is something again that can be looked at.
We can find an existing building in which they could meet. I suggest that a wonderful place for them to meet would be the Old Royal High School, which was converted for our use as a Scottish Parliament had we voted for that in 1979. Many Members here who were Members of the other place will have been at meetings of the Scottish Grand Committee there and it worked extremely well. It looks like a parliament and senate. One noble friend who apologises for having to leave early—he expected this debate to take place a bit earlier but reckoned without some of the fights that took place opposite—suggested that there is a suitable building in Glasgow that might be used for this purpose. Certainly, that could be looked at.
In coming forward with this proposal, I looked at other countries—
The noble Lord twice mentioned cost but has not told us how much this would cost.
The noble Lord knows the price of everything but the value of nothing. The value of this is that it would be an extension of democracy. It would be a very small price to pay for that.
I have looked at other countries. In Ireland, all the main political parties two years ago proposed to get rid of their Senate. The Members of the Dáil wanted complete control and they held a referendum.
This is the moving of an amendment in Committee. We have Report and later stages coming up, and by that time, if the noble Lord is still here and able to ask a question, I am sure he will get an answer. The cost depends on a whole variety of things and at this stage he can shake his head and put his finger up—we all know what a cynic he is. The new Minister has found out what a damned nuisance he is, as well. He is a thorn in the flesh of the Government but I will certainly not let him be a thorn in my flesh. He will get his answer in good time. As I said earlier, he wants to know the price of everything but knows the value of very little.
I looked at other countries. I looked at Ireland and in the referendum there two years ago all the main parties wanted rid of the Senate. Incidentally, all the opinion polls in the run-up to the referendum said that it would be abolished. The opinion polls in Ireland are no more accurate than they are in the United Kingdom or in Scotland. The people of Ireland decided to keep their senate; they wanted to have control over the powerful Executive of the Government in Ireland, which I was very pleased to see.
I was talking to the noble Lord, Lord Alderdice, yesterday, and he told me that in Northern Ireland from 1921 to 1975 a senate operated very effectively at Stormont, which is something that can be looked at as well. The other interesting thing, on which I conclude, because I am trying not to take up too much time after a lot of time was taken up earlier, are the other areas of devolved legislatures. Every state of the United States has two Chambers; in Australia, all of them except for Queensland have two Chambers. If it is good enough for New South Wales and Massachusetts to have that kind of democracy, and be able to pay for it, it is good enough for Scotland. This will be a great extension of democracy in Scotland; it will make sure that the kind of decisions that I mentioned, which have caused real problems because they have not been thought through, are unlikely to happen again, and I hope that it will be given sympathetic consideration by Members on all sides of this House today.
(9 years, 2 months ago)
Lords ChamberI might want to add to the list. Broadly speaking, if we get our country back, are in control of our borders and are able to decide on the regulations that govern business, not only would I vote in support of our continued membership of the European Union but I would say that the European Union has been saved and that the Prime Minister was a magician.
It is not what I think that matters. This is not what we are discussing; we are discussing giving the British people an opportunity to decide for themselves. It is a great disappointment to me that the noble Lord who used to be on our Benches, and who I know is a great democrat, really does not want the British people to have that opportunity and that is a great sadness. I give way to my other Scottish friend.
But never in the same party. For some time I was in the other House on the Front Bench as a spokesperson on foreign affairs and Europe. I remember the Single European Act and the Maastricht treaty being pushed through that House, in spite of some of our questions about it, by the Prime Minister, Margaret Thatcher. There was a younger Member called Michael Forsyth who went through the Lobbies in favour of all those centralising Motions. I wonder if he is any relative to the noble Lord.
Yes, indeed, and it has only just dawned on me that, just before the Single European Act came before the House of Commons, I was made a Parliamentary Private Secretary to our late friend Geoffrey Howe, who was Foreign Secretary. Does the noble Lord think there might have been a coincidence perhaps? As a member of the payroll vote, I was expected to vote for it, and I did vote for it. Indeed, the late Lady Thatcher supported it, but I can tell noble Lords that if Lady Thatcher were here today she would be saying that we should leave the European Union. I have no doubt about that whatsoever.
My Lords, I signed the amendment of the noble Baroness, Lady Miller. I am eager that we all pay attention to the words of the noble Lord, Lord Willoughby de Broke. After all, his title goes back to 1491. If my memory serves me right, it was on 7 November that year, that Maximilian I, the Holy Roman Emperor, and King Vladislaus II of Bohemia and Hungary, signed the Peace of Pressburg, ending the Austro-Hungarian war. Later that year, on 6 December, Charles VIII of France married Anne of Brittany and Brittany was incorporated into France. Even in 1491, the European Union was beginning to form. No doubt the very first Baron Willoughby de Broke did not like it very much either. Nothing changes in the barony of Willoughby de Broke but the rest of us have to live in the modern world—not in 1491 but in 2015.
I do not want to repeat the arguments that have been put forward but to underline that I agree with them. I am very fond of the Commonwealth and am on the executive committee of the Commonwealth Parliamentary Association, and I ask, as president of the Caribbean Council, what the logic is in extending the vote to citizens of Mozambique but not to citizens of France. It seems crazy. I agree with what has been said.
Secondly, there is the issue of no taxation without representation. We have many European Union citizens in the United Kingdom, who contribute so much to our economy—it is estimated at £20 billion between 2001 and 2011. London is, I think, the fourth largest French city. We have many French people living here, contributing to our economy, and making London such a powerful and successful place, yet we are saying to them that they are not going to get a say in a referendum which will affect their future. It just seems crazy.
The last argument I want to put forward is the crunch argument. European Union citizens already vote in local elections. As was said earlier, they voted in the Scottish referendum. Most important of all, they vote to choose their Member of the European Parliament. If they are allowed to choose the person who represents them there, it is manifestly obvious they should also be given a vote in the referendum which decides whether we continue to be members of the European Union and continue to send Members to the European Parliament. That is the right thing to do.
Will the noble Lord deal with the point that was made by my noble friend Lord Ridley? He is right that people from eastern European countries living in Scotland were able to vote in the referendum. Certainly, looking at the broadcasts at the time, many of them voted for independence—partly as a result of their own experience; they saw it as about liberation and freedom. If the referendum result had been very close and gone the other way and people were able to demonstrate that it had been turned by the votes of people who had come from Europe, does the noble Lord not think we might have had a problem?
No, I do not. No one made that point in the run-up to the referendum. No one said that they would not accept the result, even if it was close, because European citizens living in Scotland were voting in it. That was not an issue. I went round a lot of Scotland during the referendum and no one ever raised that as an issue with me.
As a postscript, I find the suggestion just referred to that, because no other countries have done this, we should not, quite depressing. We have pioneered so many things in the United Kingdom. We have invented and started so much. Why can we not also be pioneers in this? I hope the Government will give it serious consideration.
(9 years, 2 months ago)
Lords ChamberMy Lords, I had better not start by saying that I agree with almost everything that the noble Lord, Lord Forsyth, has said, because we will both then get attacked by the cybernats. Incidentally, that is a word that I coined, although the Oxford English Dictionary has not yet got round to including it. I keep telling these people who tweet obnoxious things from time to time that even a Tory can get it right sometimes, and the noble Lord, Lord Forsyth, has it absolutely right today.
I want to start off by not disappointing the noble Lord, Lord Lang: I have a wee grievance, which he anticipated I might raise. It is a great pity—I am very glad to see the government Chief Whip here because this refers to him—that we are discussing a major constitutional issue such as this at this hour, following a major debate on energy. This is a matter of great importance. It was listed on our business programme as being the subject of a whole day’s debate, but for some reason or another the Government took it off the agenda and put in a debate on the size of the House. I was here for that debate and it was the most useless waste of a debate that we have ever had. We could have had a proper debate on English votes for English laws.
The Leader of the House said that the whole purpose of this debate is to inform the debate that the House of Commons will be having tomorrow. I am not sure how that will happen. The noble Lord, Lord Butler, said that Members of the other place will be able to read Hansard. However, I do not see all 650 of them scurrying up in the morning to get copies of our Hansard and reading them assiduously. I noticed that my honourable friend Chris Bryant was here earlier for a large part of the debate, so he will be well informed, but perhaps the Leader of the House can tell us how she, as Leader, is going to make sure that the House of Commons is informed in its debate tomorrow about what has happened here today. If not, as the noble Lord, Lord Forsyth, said, we will begin to feel very frustrated and wonder whether we are wasting our time.
However, there is genuine concern. It has been coined by some people, because of Tam Dalyell’s concern, the West Lothian question. I call it the English democratic deficit. I really sympathise with people in England; whereas we in Scotland, along with the Welsh and the Northern Irish have had genuine devolution—it is nice to see the Welsh nationalists here—the English have not. Many years ago, my noble friend Lord Prescott suggested the setting up of English regional government. That was one of the right solutions but before its time, and he was not able, because of other Secretaries of State, to give it the right kind of powers. However, that is something that needs to be looked at properly. As so many people have said, we do not need to do it in this piecemeal way.
The Leader of the House said that a grievance had existed for many years. There is certainly a grievance, and it has existed for about 16 years, since 1999. But for more than 300 years, peculiarly Scottish legislation—on Scottish education, the Scottish health service and Scottish local government—was decided here by English votes. It was English votes that decided the poll tax. I am sorry to find a little bit of disagreement with the noble Lord, Lord Forsyth—although perhaps it is a good thing—but it was he and his colleagues who imposed the poll tax on Scotland against our will and a year earlier than in England. Look at local government reorganisation. To take one small example, the majority of Scottish Members wanted an all-Ayrshire authority, and yet it was imposed upon us to have three local authorities for Ayrshire.
The noble Lord will recall that the poll tax was created in Scotland as a direct result of Scottish legislation that required a revaluation, which sent valuations sky high, and was driven by Scotland. If it was imposed on anyone, it was imposed on England in order to sort out a Scottish problem. I am very distressed that the noble Lord should be using nationalist arguments at this stage, given that his party has been wiped out north of the border.
That was the argument that the noble Lord put forward at the time. It did not go down very well then and it is not going down very well now. However, I am glad that we have disagreed, because that will show the cybernats that we do not agree on every occasion.
We need to look at how we can solve the English democratic deficit. Incidentally, one thing I did agree with the noble Lord, Lord Forsyth, on is that it is going to be difficult for us as Scottish Peers. There is a Scottish Peers Association, and all of us who are Scottish Peers are members of it. We have a territorial designation, although we do not represent a Scottish constituency. People know that there are Peers who come from Scotland and have Scottish designation. It is strange that I would be able to vote on English laws and Ian Murray, or whoever is elected to the House of Commons, would not. The House of Lords has no democratic legitimacy, but we would be taking part in a greater way than elected Members of Parliament. For them to have less say is really quite wrong.
As my noble friend Lord Reid rightly said, we are playing into the hands of the SNP. I do not think it does any harm to spell out to people south of the border that we will be building up resentment in Scotland because there will be two classes of MP. It beggars belief that Members of Parliament would be elected and then put into two classes, with some having more responsibility than others. That undermines the whole principle of our elected democracy.
I could understand that this might be forced upon us or something be done to deal with the democratic deficit—although as noble Lords have said, it is not urgent and does not need to be done for next month or next year—if there was no alternative. But there are alternatives, and there is one in particular. Again and again, I have taken part in debate after debate—with the noble Lord, Lord Forsyth, others who have spoken today and some who are sitting quietly—where the support for a UK constitutional convention has been growing and growing. The clamour has been getting louder and louder. Things are moving. The noble Lord, Lord Purvis, has introduced a Bill to set up a constitutional convention. An all-party committee has been set up, and an all-party panel chaired by a Member of this House—the noble Lord, Lord Kerslake, a former head of the Civil Service who is now president of the Local Government Association. That panel—the noble Lord, Lord Wigley, is also a member—is going to work out what the noble Lord, Lord Forsyth, would call a road map towards a constitutional convention, to set up a structure that will deal sensibly with the English democratic deficit.
Whether the result is an English Parliament, or regions of England, or the cities and the counties, or a combination of any two of those, is something that should be decided by the people of England. That is what a UK constitutional convention would do. Would it not be much better to put all this EVEL talk on ice and take the initiative?
To take another example, the leader of the Opposition, my right honourable friend Jeremy Corbyn, has appointed a shadow Cabinet member with specific responsibility for the constitutional convention. Would it not be better to grasp this opportunity, to take advantage of these initiatives and move in that direction, instead of down the cul-de-sac of EVEL, which will cause so many problems and threaten the United Kingdom? I fear that if we take the course of action proposed by the Government, we shall be like lemmings going unthinkingly towards the cliff. That is the last thing we should be doing.