Queen’s Speech

Debate between Lord Maclennan of Rogart and Lord Foulkes of Cumnock

Thursday 10th May 2012 Lords Chamber

[Lord Foulkes of Cumnock]

Does the noble Lord not think it interesting and disappointing that we heard from the noble Lord, Lord Tyler, who is the principal spokesman on this matter for the Liberal Democrats, and not once did he mention the federal solution? I understand that it is still the policy of the Liberal Democrats. If it is looked at properly in the round, it ultimately provides a much neater solution for the second Chamber than the one that the noble Lord, Lord Tyler, advocated.

[Lord Maclennan of Rogart]

I agree with what the noble Lord says about a federal solution probably being best. However, it would have to ensure that the considerations that my noble friend Lord Tyler mentioned about underrepresentation in the second Chamber were taken into account. He spoke of Cornwall and the north of Scotland in his remarks. As it happens, he is from Cornwall and I am from the north of Scotland so we have some voice. However, the reality is that this should not be done in a rush. We must consider the very different priorities of people living in Northern Ireland, people living in Wales and people living in Scotland. Subsequently, maybe people living in different parts of England will take a view. However, I cannot believe that it makes sense simply to consider the West Lothian issue, which has arisen as a result of devolution, by itself. It needs to be considered as part of the solution of the whole. Therefore, I hope that the Government may take longer to consider the broader issues of constitutional reform to which the Leader of the House did not refer today.

Scotland Bill

Debate between Lord Maclennan of Rogart and Lord Foulkes of Cumnock

Tuesday 28th February 2012 Lords Chamber

[Lord Foulkes of Cumnock]

I thought that the noble Lord, Lord Martin, was a friend of mine—I shall see him afterwards. But he is absolutely right. That was because I was an opposition spokesman on foreign affairs, defence and international development for 13 years.

It is important for the purpose of the argument and for this amendment to deal with when I was a Minister representing Her Majesty's Government. Even then, my private secretary had to submit proposals for travel. It was co-ordinated by the Foreign Office and there was some logic in that. But for three Ministers from different departments suddenly to turn up in the same capital at the same time, with each not knowing that the other would be there, could cause chaos and make us look inefficient and stupid. There needs to be some co-ordination; it is a practical matter.

Of course, the First Minister thinks that he is too grand. He thinks that he can do whatever he likes because he wants to pretend that Scotland is effectively independent at the moment and, therefore, there is no accountability to the United Kingdom Government for anything. At the very least, he should consult the Foreign Office before he and other Ministers go overseas to make sure that there is not a clash.

[Lord Maclennan of Rogart]

I am grateful to my “noble friend” for giving way. Does he think that if his amendment had been in place it might have beneficially affected the understanding of the al-Megrahi case?

[Lord Foulkes of Cumnock]

That is a very interesting point. I had not thought about it. It needs some time to be thought about. Perhaps, by the time we get to the end of this debate, my former honourable friend could answer his own question, because he is a barrister and has more understanding and knowledge of these matters than me.

At the very least, I accept the suggestion of my noble friend Lord Browne—I shall name him now—that perhaps my amendment has gone a little too far by proposing that Scottish Ministers should get the approval of the UK Government, but at least they should consult them. At least, the Foreign Office should know when Scottish Ministers go overseas and give them help. After all, I found that the Foreign Office could give even Ministers in the Department for International Development advice, guidance and help in relation to our travel overseas.

I worry about the pretence of independence. It was the noble Lord, Lord Steel of Aikwood, who said that Scotland is in danger of sleepwalking into separation and he is absolutely right. We in this House get attacked as old fogeys—all this ageism—and as being non-elected. It does not matter that, for 40 years, I was an elected member either as a councillor, an MP or an MSP—they have forgotten all about that—but now, in here, we have no right, according to some of the cybernats, to talk about it. Perhaps we do not have a right in that sense, but we have a responsibility to warn people about sleepwalking into separation. The pretence that there is no difference between devolution and independence, that we are effectively already there and just have to take that little further step, is not helpful.

I urge us all in this argument—I have used just one example—to be bold. We should not be defensive about this union. This has been the most successful political and economic union anywhere in the world and we should be proud of it.

Scotland Bill

Debate between Lord Maclennan of Rogart and Lord Foulkes of Cumnock

Thursday 26th January 2012 Lords Chamber

[Lord Foulkes of Cumnock]

My Lords, what surprises me is how the Scottish Parliament in its procedures seems more rigid and in its lack of flexibility seems more sclerotic than even this Chamber, let alone the House of Commons. We have already heard examples from the noble Lord, Lord Stephen, about having less than four minutes to contribute to a debate, which are true. We have heard from the noble Lord, Lord Selkirk, about the recommendations regarding later stages being rushed and civic society not having an opportunity to participate fully, and I have appreciated that as well. The Minister himself said that getting everything in when you are given only seven minutes to talk about the economy is a formidable task.

Under the proposals, all that will happen is that they will meet for three days but only for half a day each, so it is still really effectively only a day and a half. That is not a huge amount extra. Of course it is up to the Scottish Parliament, and I am going to withdraw the amendment on that basis, but, speaking as a member of the public in Scotland rather than a nominated Member here, I would expect that the Scottish Parliament might sit rather more than that and spend rather more time discussing some of the major issues that it has to deal with.

Perhaps we should not be saying this because we are non-elected and they all think of us as Neanderthals. I have been around for an awfully long time; I have just had a birthday, as someone diplomatically pointed out earlier. Perhaps we should not be lecturing the Scottish Parliament, but it is just a wee bit strange that it is not lengthening the times of its plenary sessions a little. I shall leave it at that and withdraw.

[Lord Maclennan of Rogart]

Before the noble Lord withdraws his amendment, could he inform us whether there is a standing committee in the Scottish Parliament that keeps these matters under review, or is it the case that this is just an ad hoc inquiry?

[Lord Foulkes of Cumnock]

I think there is a procedures committee that deals with this question in a review.

There are people who have held more distinguished positions than I did in the Scottish Parliament as Deputy First Minister, acting First Minister and Presiding Officer and who have been around for a long time, but I got the impression that the Scottish Parliament was very set in its ways, and for a new Parliament that is very strange. I tried gently to suggest some innovations, when I was a Member and I had some right to do so, and it was very reluctant to accept any of them. It is ironical that we have had more changes, improvements and developments of our procedures in the House of Lords during my time here than I saw in all my time in the Scottish Parliament. I beg leave to withdraw the amendment.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Maclennan of Rogart and Lord Foulkes of Cumnock

Monday 10th January 2011 Lords Chamber

[Lord Maclennan of Rogart]

What I do recognise is that in my lifetime the entitlement to vote has changed considerably. There was, for example, a multiple vote. My father cast two votes for parliamentary elections in different constituencies and that was perfectly legal. I am conscious that that change in the law did not come about as a result of a high-powered discussion led by a judge. We know the opinion of judges. We have heard from former judges in this debate. The noble Lord, Lord Elystan-Morgan, gave us his view. What is there to suggest that a judge sitting on a committee comprising partisan people drawn from both Chambers will come up with any different view from that of the elected House of Commons, backed or not backed by this Chamber? It is a chimerical view that we could have a consensus on this set of propositions. It is a method of delaying decision, and constitutional reform requires decision.

[Lord Foulkes of Cumnock]

Does my noble friend—I still think of the noble Lord as my noble friend—not agree that the Scottish Constitutional Convention, of which he was part, provided us with an excellent model whereby we had a White Paper, then an all-party discussion and discussion with people from the community—indeed, I think there were some lawyers on it as well—and that that is exactly the right kind of model that we should be encouraging in this instance?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Maclennan of Rogart and Lord Foulkes of Cumnock

Monday 13th December 2010 Lords Chamber

[Lord Foulkes of Cumnock]

I had expected that some other Members might have spoken against clause stand part, which is why I was not immediately ready. On page 2, line 39, it is stated:

“The polls for the referendum and the Scottish parliamentary general election in 2011 are to be taken together”.

I am proposing that the subsection be deleted. I say to the noble Lord, Lord McNally, that this is his solution, because we have just been discussing the confusion that will take place in a Scottish parliamentary election. I have spoken on this matter, but there are a number of areas of confusion; I will not go on at length about them, but will make a brief reprise of what I said previously. Two areas of confusion are likely to arise. The first is confusion in campaigning and the other, which relates to one of the solutions that I have just put forward—extending the franchise to European citizens—is confusion at polling.

On the confusion in campaigning, I do not think that the Liberal Democrat Members in particular understood the import of what was said in the previous debate. As to running a cross-party campaign, I know that the noble Lord, Lord Rennard, and others, in particular the noble Lord, Lord Maclennan, have been involved. He and I were hand in hand together on the campaign for Britain to remain a member of the European Union—he was in the Labour Party then. However, we worked together with Conservatives such as Malcolm Rifkind, members of the SNP, and other parties—particularly the Liberals. I remember campaigning for our membership on an all-party and cross-party basis. We were able to do that without any problems or difficulties, because there was no election taking place on the same day. We appeared on the same platform. John P Mackintosh was on the same platform as Malcolm Rifkind. That did not create any problems, because people understood that all that was being discussed was whether Britain should remain part of the European Union. They did not say, “It’s strange having a Tory and a Labour person on the same platform”, because they were not standing against each other in an election on the same day.

Imagine what will happen on 5 May next year if we have the elections for the Scottish Parliament and the referendum on the same day. As I have said on previous occasions, imagine campaigning with people of other parties. I chose the example of David McLetchie—a friend of mine who is a Conservative Member of the Scottish Parliament. Imagine if I said that I agreed with him that we should have first past the post and should not move to this awful system of alternative votes, but while we were going around Wester Hailes, in the Edinburgh Pentlands, people asked, “Are you supporting David McLetchie to be re-elected as the MSP?”. Of course the answer is, “No, I am campaigning for Ricky Henderson, the Labour candidate”. They would then say, “But why are you here with McLetchie?”. If I said, “Because we are campaigning in the referendum”, they would say, “But there is an election taking place”. That is how confusion arises.

As to expenditure, when you are campaigning, how can you easily differentiate between expenditure on the election and on the referendum? For example, I may use a loudspeaker system in campaigning for the Labour Party and then borrow it for a day to use in the no campaign for the referendum. How do you allocate the finances? In a later amendment there is a reference to party election broadcasts. At the moment it would be possible for the Liberal Democrats to have a party election broadcast not to say, “Vote Liberal Democrat in the election” but, “Vote yes in the referendum”. Unless we change it later, that is quite possible. Most Members here have taken part in an election of one kind or another, or one kind of cross-party referendum campaign or another, and know of the problems of having the two on the same day. So there will be confusion in campaigning.

I turn now to confusion within the polling booth. As I said, I tried to provide the noble Lord, Lord McNally, with a lifebelt to resolve this problem by bringing together the franchises and trying to introduce a single register, which would have made things easier. However, he chose not to take advantage of that lifebelt. Instead, he agreed with the noble and learned Lord, Lord Falconer, who summed up the debate on European citizens voting. The noble and learned Lord said specifically in his reply that he disagreed with the solution in my amendment about allowing European citizens to vote and thought that there was an easier and better way of doing it—and that was not to have the referendum on the same day as the local elections.

That is now quite possible because of the amendment of the noble Lord, Lord Rooker, which was passed by the House. It allows the Government to hold the referendum on any day between 5 May and 31 October and gives them the necessary flexibility. I shall not give away a confidence by saying who it was, but a Liberal Democrat Peer said to me, “George, I see the strength of your argument now as far as the Liberal Democrats are concerned”. In fact, he agreed that it would be better for the Liberal Democrats not to have the referendum on the same day as the elections because he believed that they would not get the same degree of support for AV. I could see his argument. When the elections in Scotland and Wales and the local government elections in England are taking place, the Labour Party and the Conservative Party will be pushing to get out their electorate to vote in the elections. They will turn out primarily for the elections and be predominantly in favour of first past the post. Therefore the AV support is likely to be at a minimum and the first past the post support at a maximum. However, if the referendum is held on a separate day it will be the real activists, the ones who want change, who will come out and vote for AV. The first past the post people will sit at home and think, “It will never change anyway” and wake up the next day to find that the activists in favour of AV have turned out. Without a threshold, there could be just a small 10 per cent turnout and the constitution would be changed.

[Lord Maclennan of Rogart]

It rather sounds as if the noble Lord is making a speech of no confidence in his own party leader. Surely that will remove all problems of dubiety about who is for and who is against, because he will get lots of publicity. Mr Ed Miliband has made it clear that he supports AV, which will surely overcome quite a lot of the problems put forward by the noble Lord.

[Lord Foulkes of Cumnock]

Of course, the support of Ed Miliband—and I have a great respect for him—will help the AV campaign. However, I do not think that it will help it as much as the wide range of support for the first-past-the-post campaign in the Labour Party, which has a whole galaxy of supporters. That still does not argue the case about the differential in the turnout. The Liberal Democrat that I mentioned was arguing from his point of view the fact that it would be for Liberal Democrats to have the referendum on its own so that they could concentrate on the change that was necessary and get the enthusiasts and activists to turn out.

I urge noble Lords to support the deletion of this clause. It is the first in a group of amendments that would have a similar effect in different areas and in different ways. The amendment would eliminate the probability, or certainty, of confusion of the electorate in the campaign and at the polling booths. If we do that, we will have produced a far better Bill than we received from the other place.