Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012

Lord Mackay of Clashfern Excerpts

Thursday 2nd February 2012 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, when my noble friend makes the Statement that he indicates he wishes to make, I wonder if he could possibly indicate to your Lordships which provisions of the Welfare Reform Bill prevented it from being a money Bill.

[Lord Cormack]

My Lords, I noticed that when my noble and learned friend made his point a second or two ago, my noble friend on the Bench shook his head as the reference was made to a Statement. I implore my noble friend the Leader of the House to make a detailed Statement, because the relationship between the two Houses is fundamental to the working of our constitution. There is a fear among many Members on this side of the House that there is an overassertion of privilege, and that there may be reasons behind that. Therefore, it is important that this House has a proper opportunity to debate these issues at an early date.

Health and Social Care Bill

Lord Mackay of Clashfern Excerpts

Wednesday 1st February 2012 Lords Chamber

[Lord Strathclyde]

I simply disagree with the noble Lord. This situation has existed for 350 years. It was as though the noble Lord were suggesting that the Government had found some new ploy to stop the will of the House of Lords. I think that the noble Lord, Lord Grocott, will agree that we are an unelected House. The House of Commons is an elected House. It has protected its financial privilege since 1671. Nothing has changed for the debates that we will no doubt have on the health Bill and the welfare Bill.

[Lord Mackay of Clashfern]

I wish to question the timing of such a decision on the part of the Speaker. It seems somewhat of a waste of time if your Lordships debate provisions which turn out to be completely sacrosanct because of the decision on privilege made at the other end. The expense involved in your Lordships coming here and taking part seems a waste of taxpayers’ money at a time of considerable austerity if the whole procedure is useless. I suggest that the timing of such decisions needs to be looked at.

[Lord Martin of Springburn]

Perhaps it would help the noble Baroness, Lady Hollis, if I were to say to her that no Speaker takes these decisions lightly. It is not done with representation from the Government, in the sense that they come in and say, “We want to do it this way and you’ll give us a hand, Mr Speaker”. Perhaps I can give an insight into what happens in the Speaker’s study: the Speaker takes advice from the clerks—I stress that is clerks in the plural. You have clerks there who act like the devil’s advocate and put a contrary view. They end up giving strong advice to the Speaker. Therefore, the Speaker is independent in this matter of Government and Opposition—let us not kid ourselves that the opposition Whips are not often in there pounding the ear of the Speaker. If the Speaker’s signature goes on that piece of paper, it is done very sparingly and with considerable advice from those who are experts in this matter.

Parliamentary Voting System and Constituencies Bill

Lord Mackay of Clashfern Excerpts

Wednesday 8th December 2010 Lords Chamber

[Lord MacKenzie of Culkein]

My Lords, I, too, support the amendment in the name of my noble friend Lord Foulkes. Indeed, I suppose it would be surprising if I did not, having my roots in north-west Sutherland, the heart of the Gaeltacht of Scotland. Most of my education was in the Isle of Lewis and the Isle of Skye a long time ago. In those days Gaelic was taught, sadly, as a foreign language. I was given a choice, because at the age of 11 one had to make decisions. My parents thought that they might like me to do medicine, so Latin was prescribed for me. Those who had a hankering for divinity were required to learn Greek. If you wanted to do Latin or Greek, you could not study Gaelic. That was part of the education system as it then existed in Scotland. My Gaelic is extremely rudimentary. My father was a native Gaelic speaker and my mother could not speak it, so, sadly, I never became fluent in it.

Things have improved and changed in Scotland, certainly since devolution. There are many Gaelic-medium schools now in Scotland, and they are extremely successful. We have the BBC ALBA channel, which is very successful and which will shortly, I hope, be available on Freeview so that many more can have access to it. However, there is still pressure in Scotland and the view that, because everyone can speak English fluently and read English, there is no need for Gaelic. That is where I disagree with the noble Lord, Lord Palmer. We hear this all the time about road signs and railway signs in Gaelic; “it’s a waste of money”. No, it is not a waste of money. There is still suspicion in the Highlands, among Gaels, that the establishment and the Civil Service still have anti-Gaelic sentiment running through them. We should dispel that; we can dispel it tonight if the noble Lord, Lord Strathclyde, can accept this amendment or indicate that similar wording will be put into the Act, as is the case for Welsh.

We hear a great deal about Ulster Scots and Irish and parity of esteem. Indeed, we hear a lot about this, certainly in Written Questions, in this House. If we have parity of esteem between Ulster Scots and Irish in the Belfast agreement, and Welsh is already embedded in this Bill, we must indeed have Gaelic as well, because there must be parity of esteem for Scottish Gaelic.

[Lord Mackay of Clashfern]

My Lords, the noble Lord, Lord Elystan-Morgan, talked about the Welsh speaking of Welsh as “our language” even if they could not speak it themselves, but that points to the fact that Welsh is the adjective from Wales, whereas Gaelic is not the adjective from Scotland in any sense of that expression. There might be an inaccuracy, at least in this amendment, in that it does not refer to Scottish Gaelic, because, as has been said, there is Gaelic in Ulster and of course in the Republic of Ireland. Indeed, I think Welsh itself is probably a branch of Gaelic—it is certainly a Celtic language.

The other point is that the amendment suggests that,

“a Gaelic version of the question is also to appear”.

I submit that “a Gaelic version” leaves very open the question of exactly how it would be expressed. That is not particularly satisfactory. It might also be required to specify that a person who wishes to use that question as his information should also have to answer it in Gaelic.

[Lord Boyd of Duncansby]

My Lords, I just want to make one short point. This amendment would sit with the rest of the Bill, because under Clause 11, the rules for distribution of seats take out two constituencies: Orkney and Sheltand. I will not attempt to pronounce the Gaelic name of the Western Isles and the Western Isles Council. They are already there because recognition is being given to the Gaelic language. For that reason, the amendment would be wholly consistent with the rest of the Bill.

Intelligence and Security Services: Treatment of Detainees

Lord Mackay of Clashfern Excerpts

Tuesday 6th July 2010 Lords Chamber

[Lord Morris of Aberavon]

My Lords—

[Lord Mackay of Clashfern]

My Lords—

[Earl Attlee]

My Lords, I think we should hear from my noble and learned friend Lord Mackay of Clashfern.

--- Later in debate ---

[Lord Mackay of Clashfern]

I agree with the Statement, in particular the setting up of a very distinguished inquiry. I entirely agree with the views already expressed by others that these three people are eminently qualified for this task.

I also entirely supported the action of the previous Attorney-General in initiating criminal inquiries in connection with this matter. It must be right that these inquiries are completed before the new inquiry can start. I hope that it will not be unduly delayed. One cannot tell which precise circumstances will arise. However, I think it is clear that the criminal proceedings must take priority and be completed before this inquiry starts. I think I am right in saying that the Statement envisaged the work of the inquiry taking about a year. It will be extremely good if it can be done in that time. I also believe that the three people in question are eminently qualified to do it with reasonable speed. I am very grateful for the Statement. I have no particular question that I want to ask my noble friend, which is why I should not be standing at all.

[Lord Strathclyde]

My Lords, it is always a great pleasure to have my noble and learned friend standing and speaking, particularly on this, where he has very much given his support to what we are doing. I agree with him about the criminal inquiries that are ongoing, that the time for the inquiry is roughly 12 months, and about the people who have been chosen to lead it. I am sure that they, too, will be encouraged by his support.