Scottish Independence

Debate between Lord Offord of Garvel and Lord Robathan

Wednesday 7th December 2022 Lords Chamber

[Lord Offord of Garvel (Con)]

As the noble Lord was an active parliamentarian at that time, I am sure he can confirm that the devolution settlement enacted in the Scotland Act 1998 did not envisage a scenario where the Scottish Parliament in Holyrood would act in confrontation, instead of in co-operation, with Westminster. The Scotland Act assumed there would be a very clear demarcation between reserved and devolved matters, respected by both sides. Therefore, there are no penalties, fines or surcharges built into the parliamentary architecture for ultra vires activities of the sort previously described to the House by the noble Lord, Lord Forsyth, as applying, for example, to local councillors. However, I reassure noble Lords that this matter has now been reviewed at the highest reaches of the UK Civil Service.

Following the Supreme Court judgment, the United Kingdom Cabinet Secretary is in discussion with the Scottish Government’s Permanent Secretary on the role of the Civil Service in Scotland. My own observation from 15 months as a Minister in the Scotland Office is that if only we could get the Scottish Government focused on the day job of administering Scottish affairs in devolved areas and working in co-operation with the UK Government in reserved areas, there is no doubt in my mind that, working together, we could turbocharge Scotland.

[Lord Robathan (Con)]

My Lords, my noble friend the Minister will recall that in 1997, Tony Blair and Gordon Brown said that devolution and giving the Scottish Parliament greater powers would kill nationalism stone dead. Does he think that the recent idea—floated, I think, on Monday—to give the Scottish Parliament more powers would kill the idea of an independent Scotland stone dead again?

[Lord Offord of Garvel (Con)]

The noble Lord should be well aware that Gordon Brown has been on this journey for quite a while; he proposes a federal United Kingdom. But when one of the four nations has 85% of the population and 90% of the wealth and it does not want devolution, you have a problem. So I agree with the noble Lord that devolution did not kill independence stone dead, but I am very clear that the Scottish National Party commands the support of only one-third of the Scottish electorate and therefore it should get on with the job in hand, which is to manage Scotland within the devolution settlement.