Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017

Lord Maxton Excerpts

Wednesday 10th January 2018 Lords Chamber

[Lord Forsyth of Drumlean]

Since 1826. Okay, so it is almost two centuries—certainly since there were first proper means of crossing the border at speed.

I just find it extraordinary. What can possibly be driving this? What can be the motivation? At a time when we are threatened by lone-wolf terrorists, travelling around the country, when we have seen attacks in Glasgow, Manchester and Birmingham, what on earth could be driving this? Why would someone want to break up an organisation which has a proven track record of success, which has shown great expertise, and which is specialist in its nature? How will the practical problems be resolved? Does the policeman have to get off at the station as soon as the train reaches the border and someone else come on board? What is driving this? I have come to the conclusion that the answer lies in the name—the British Transport Police. This is the sort of ideological battle that we thought we had put behind us in Scotland being translated into something that threatens the security of people in Scotland and the rest of the United Kingdom.

[Lord Maxton (Lab)]

There is no station at the border at all, whatever, in Scotland, between Scotland and England. The first station is Carlisle, which is in England.

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[Lord Hope of Craighead (CB)]

My Lords, as a fairly frequent traveller on the east coast railway line from Edinburgh to London King’s Cross, I would like to say a word or two about this issue. As the noble Lord, Lord Maxton, pointed out, there is no train station at the border, which you reach a little north of Berwick-upon-Tweed on your way to Dunbar. As I understand the situation, that means that in order to police effectively south of the border, British Transport Police officers will have to get on to the train at Waverley in Edinburgh, so they will travel the whole way down the line, as they do at present. Going north, they cannot get off at Berwick-upon-Tweed, because they still have several miles to run in England before they reach the Scottish border, and they will have to travel all the way to Waverley.

Therefore, the ridiculous situation created by this proposal by the Scottish National Party is that the British Transport Police force will remain on the train, as it does at present. It will cease to provide the kind of security north of the border that the noble Baroness, Lady Liddell, talked about, although to do its job effectively in England, it will have to travel the whole journey. Therefore, members of the Scottish police force will be travelling on the train, getting off at Berwick if they are lucky—but not every train stops there—or going all the way down to Newcastle and then having to travel all the way back again. I cannot speak for the west coast line because I am not so familiar with it, but presumably the same problem applies there, and you have to travel at least to Carlisle before you can get off the train.

[Lord Maxton]

It is even worse on the west coast, because Carlisle is even further south than Berwick-upon-Tweed.

[Lord Hope of Craighead]

My Lords, a curious feature of this measure is that if British Transport Police officers are brave enough to exercise their powers as British Transport Police officers north of the border, they are given the power to do that by paragraph 2 of Schedule 2. In fact, the paragraph is consistent with the idea that we do not go ahead with the merger at all. It is a perfectly sensible method of solving the problem which the Smith commission had to face up to, which was to say that the functions of the British Transport Police in Scotland will be a devolved matter. That is a perfectly sensible proposition. What has gone wrong is the Scottish National Party’s interpretation of it, as the noble Lord, Lord Forsyth, said.

For all the reasons that others have given, I am strongly against the merger. However, like the noble and learned Lord, Lord Wallace of Tankerness, I cannot see anything wrong with the order we are asked to consider. Therefore, if the Motion were pressed, I regret that I would have to vote with the Government because that is the state of play. However, I entirely sympathise with the plea of the noble Lord, Lord Foulkes, to the Minister. Given the practical example I have given to the Minister, I hope that he can point out to the Scottish National Party that it is a waste of public money to have two police officers travelling on the train from Newcastle all the way to Edinburgh and back again just to solve the problem of the merger which it is trying to advance.

--- Later in debate ---

[Lord Maxton]

Will there also be orders relating to the different legal systems in Scotland and England? That is relevant to any discussion on British Transport Police.

[Lord Duncan of Springbank]

I thank the noble Lord for his intervention. The orders, when they arrive, will be constructed through the collaborative process between the two Governments, which I touched on a moment ago. In any order, they will bring forward proposals that comply with both Scots law and the broader law of England and Wales. We should be able to have that before us.

It is important to stress, as several noble Lords have, that the Smith commission and the legislation by which its conclusions were enacted are important elements of the continuing Scottish devolution process.