Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015 Debate

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Department: Attorney General

Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015

Lord Lexden Excerpts
Thursday 26th February 2015

(9 years, 8 months ago)

Lords Chamber
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Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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My Lords, this is a short measure, but one that I believe will have a very positive impact on our democracy—across the United Kingdom as a whole, but most particularly in the relationship between the Members of the Scottish Parliament and local authorities in Scotland and the people who elect them, and on how politicians respond to the desires of voters when they are elected.

On the assumption that the Scottish Parliament will vote to use the power once it has been transferred, for the first time in these islands parliamentarians will be elected by people aged 16 and over. That will mean that in elections to the Scottish Parliament and local authorities, not only will 16 and 17 year-olds be taught about citizenship and informed in schools and colleges about the processes of democracy, but they will be active citizens themselves. They will be enfranchised, and they will be participants. That is right and proper, and a considerable and positive step.

MSPs will no longer see 16 and 17 year-olds simply as people for whom services are provided in schools or colleges, or by councils and elsewhere; they will have to consider them as voters—not only as the receivers of services but as people who will have a direct say in how those services are shaped and delivered. They will become part of the democratic relationship between those who are elected and those to whom they are accountable. That is important and this proposal is a first step towards that.

Lord Lexden Portrait Lord Lexden (Con)
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Would my noble friend like to comment on a point that has already been made: namely, that if 16 year-olds have the right to vote, should they not also have the right to stand as candidates? Will he give his views on that?

Lord Purvis of Tweed Portrait Lord Purvis of Tweed
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There are two aspects to that. The first is the desire of young people themselves. For many years a consistent theme in campaigns to give people the vote at 16 is that participating in the democratic process does not automatically assume that exactly the same process should apply to those who are elected to Parliament to make these decisions. That comes from young people themselves. Secondly, the age of majority is not necessarily applied consistently as regards young people’s rights and responsibilities. For example, different approaches are taken as regards the minimum age at which one can drink alcohol, drive, join the military or buy knives. Today, we are discussing the specific issue of the enfranchisement of 16 and 17 year-olds. The age of majority and whether young people of 15, 16 and upwards should be granted other rights and responsibilities is quite rightly an area which we continue to debate—and which young people themselves continue to debate. I see that my noble friend is itching to intervene and I am delighted to give way.

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Lord Stephen Portrait Lord Stephen
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I agree that there is great logic in the argument that has already been put forward in the exchange with my noble friend Lord Purvis about the age of consent, the age for voting, the age for driving, the age for marrying and the age for watching a film with an 18 certificate. We should be reviewing these things, but I am making a practical point. There is a strong argument for much greater consistency and I firmly believe that today’s measure can be part of driving that argument forward and can be the beginning of further change for the rest of the UK. That is why I think that today’s moves are very important. It is almost as if we have flushed out the position of some noble Lords that they do, in fact, support the extension of the franchise to the age of 16, and I warmly welcome that. As Peers and as politicians, we should spend more time engaging with young people, encouraging them and being positive about them. Too often in politics we tend to demonise young people and do them down, and that is a concern of mine.

I finish by paying tribute to Lord Mackie of Benshie, who, sadly, passed away last week. He had an incredible war record. Without people like him, the democracy that we have today simply would not exist. He had an incredible track record both in the House of Commons and in this House. My recollection of him is as a mentor. I got involved in politics at a very young age. I was 22 when I was first elected to the council, and very quickly after that I got involved in campaigning with Lord Mackie of Benshie, who was the president of the Scottish Liberal Party. He was a big influence in my life. I have no idea what his views on these issues would be and I do not pretend to set down his opinion, but I am sure he would be delighted that we are debating this issue and trying to engage more young people in politics, because that is what he did with me. He was very much a mentor, a counsellor and somebody who inspired my place in politics; and each of us can have that role for other young people. The tenor of the debate that we have on these issues is very important. That is why I believe that this Motion should go forward for approval.

Lord Lexden Portrait Lord Lexden
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My Lords, I have listened with tremendous interest to this debate and with the utmost appreciation for the wonderful exposition of the unionist case from my noble friend Lord Forsyth. One point above all has been borne in upon me: the absolute need for a consistent voting age throughout our country. It is a question of deep principle. Surely that is what we need to settle. Against that background, would it not be appropriate for the Government to withdraw this order, to secure—although, of course, it cannot come immediately—a proper parliamentary decision on the voting age? That should surely come first. That point will stay with me above all from this tremendously enjoyable and important debate.

Lord McAvoy Portrait Lord McAvoy (Lab)
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My Lords, let me come to the aid of the Government. I have really enjoyed the debate and want it to go on longer, but I think we might be getting to the time when we are pushing our luck. I will be relying very heavily on the speech made by Margaret Curran in the other place: a brilliant exposition of the Labour Party position on this issue and on this methodology. I understand the concerns raised about the methodology and I will deal with that later in what I have got to say.

As Margaret Curran said, it is worth remembering that the referendum was decisive in what it decided: to stay within the union. It was also decisive in looking for change. Here I must say that it is easy for people to demonise and insult Gordon Brown, but he is a giant of the international stage, a giant of the Westminster stage and a giant of the Scottish stage, and people who nark away are pygmies in comparison. He came forward almost single-handedly at a time when the future of our country as a member of the United Kingdom was in doubt. It is easy to deride some of his actions, but I am one of those who take the view that, had it not been for the highly significant intervention of Gordon Brown, the outcome of the referendum may not have been so decisive. The call for change is certainly there. That referendum resulted in a degree of consensus on new powers for Scotland, coalescing around the Smith commission.

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Lord McAvoy Portrait Lord McAvoy
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I am grateful to my noble friend Lord Reid of Cardowan. I was coming to the Better Together campaign, but Gordon Brown was specifically mentioned and that is why I led with offering my thanks and congratulations to him.

Lord Lexden Portrait Lord Lexden
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Given that there has been considerable comment about Gordon Brown, does the noble Lord endorse his latest requests for movement beyond the Smith commission? Does he endorse Mr Brown’s latest utterances?

Lord McAvoy Portrait Lord McAvoy
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I have not studied them in detail so I am not quite sure. However, we are dealing with this measure today.

On my noble friend Lord Reid’s point, Alistair Darling led the campaign, Jim Murphy went round the country with his Irn-Bru crates and a large number of other people were also involved. One of the hidden powers behind the transformation of the Better Together campaign was my honourable friend Frank Roy, MP for Motherwell and Wishaw, whose training in the Whips’ Office came through in spades and he certainly helped to deliver. I hope that completes the panoply of people I have to thank for the result.

I have mentioned Ruth Davidson—she was fine—and I am trying to think of a Liberal I can mention, but I will move on.