(9 years, 2 months ago)
Lords ChamberMy Lords, this has been a very interesting, and at times quite exciting, debate. I loved the Orwell/Clouseau allusions.
Perhaps I may deal with the Minister’s comments first. My point about Space Invaders had nothing to do with aliens or ET; it concerned the machines that young people get addicted to. In the 1980s, it was Space Invaders; now, there are other kinds of machines and activities which young people get addicted to and which create problems. One of my colleagues in another place raised this matter very recently.
The Minister mentioned the Scottish referendum and challenged me, because not just one poll but three polls were wrong. That reinforces my argument. All three of them were wrong and that makes it even worse. I am sure that the Minister’s reply was written before he heard my speech. I did not argue that I was introducing the Bill because Labour lost the election; quite the reverse. That was not part of my argument. I will come back to the Minister shortly but I think that in the end, he gave at least a little bit of an indication that he was willing to discuss this issue further.
I welcomed the response from my noble friend Lady Hayter on the Front Bench. She made a particularly important point about recall ballots. It would be quite outrageous if opinion polls were used in the way that they have been against an MP who was facing a recall ballot. That is a very important point and I was grateful that my noble friend said that she welcomed the debate on this issue.
I was particularly grateful for my noble friend Lord Lipsey’s welcome. He and I usually agree on most things. We agreed on most of this today, and I look forward to further discussions with him, in Committee and outside, so that we can consider this whole issue further.
I think that the noble Lord, Lord Cooper, with no disrespect to the Minister, made the most effective criticism of my Bill. I respect that, because he knows exactly what he is talking about. This issue needs further discussion. He said that the pollsters got it wrong in 1992. I remind him that they also got it wrong in 1970. He may be too young to remember that far back, but I remember it very well; I was a candidate in that election. They thought that they had got it right in 1992, but they got it wrong again. It seems that they get it wrong every 22 years.
The noble Lord referred to tried and tested methods. However, it seems that the methods that were tried and tested are being abandoned, and that is my concern. He also raised a question about publication and suggested that it may be the media that need regulation. I would not disagree with that. That is being dealt with elsewhere in another context, but it should be looked at in relation to this issue as well.
I hope that we will look at this. I said in my introductory speech, and I reinforce and underline it now, that I am willing to look at amendments. I just want this to be looked at. If there is a better way—if my noble friend Lord Lipsey or even the noble Lord, Lord Cooper, can come up with a better way—I am willing to look at it and to consider a substantive amendment.
I must say that I respect the Minister—his speech was fascinating and enjoyable, especially his Orwell and Clouseau allusions—but way back in the 1980s I proposed something. I was strongly, sometimes violently, opposed by the industry, the Minister pooh-poohed me and the other place threw out my proposal. It said that it was ridiculous. Why was I suggesting it? Why was I imposing this limitation on people’s freedom? I was proposing at that time to ban smoking in public places. Now it is the accepted norm. Everyone agrees with it.
I am most grateful to the noble Lord—perhaps I may call him my noble friend—for letting me intervene. I was rather struck when listening to the Minister’s contribution because I read an article from 2012 in the Daily Telegraph by a certain George Bridges—I am assuming that it is the same George Bridges as the Minister—in which he said:
“But politicians who are guided by polls are chasing will-o’-the-wisp in a forlorn search for popularity. They are not selling baked beans, but something more complex: vision, belief and leadership. And the more politicians change to reflect every passing fad, the less the public believes what they say, and will-o’-the-wisp flits away”.
I congratulate the noble Lord on his championing of the ban on smoking in public places at the time, which shows a bit of the vision and leadership that was not entirely deflected by the polls. I thank him for airing this issue in the Chamber today.
I am really grateful to my noble friend, but I would have been even more grateful if he had given me that quotation earlier. I could have used it in my speech because it is a devastating one in relation to the Minister.
He has reminded me of something else that I was going to say to the noble Lord, Lord Cooper. He said that political polling makes up less than 1% of the income of polling and market research organisations such as Populus. However, it is a key and prestigious part. Their reputations depend on getting it accurate. The soap manufacturers and chocolate producers look carefully at how accurate these things are, so although it is only small, it is an important part.
There has been substantial criticism from the other side and support on this side, but this is something we should look at further. I shall conclude by asking the House to give the Bill a Second Reading.
(9 years, 9 months ago)
Grand CommitteeMy Lords, we come to a set of government amendments—Amendments 76 to 78, 97 and 98—which we are introducing on motor racing. Currently motor racing on public roads can be permitted only by Parliament using the Private Bill procedure for specific events. These new provisions enable authorising bodies, in conjunction with the local highway authority, to run motor races on roads which have been closed for the purpose without the need for individual primary legislation. They also redress the anomaly which allows local authorities to close roads for all sorts of events, such as street parties, parades and motor events that do not involve racing, as well as for cycle racing, as in Yorkshire this summer, but not motor racing. The amendment will extend that permission to motor races.
The sorts of races envisaged are small-scale local events, such as rally stages, sprints and hill climbs—not a London Grand Prix. Although the legislation removes a potential obstacle to on-road F1 races, major logistical and financial challenges remain and it is not likely that one would be held. The Motor Sports Association and the Auto-Cycle Union have estimated there might be up to 100 new events per year. The bulk would be very small events that would often form part of larger local festivals and events. They estimate that there might be one or two new very large events annually on the scale of the Jim Clark Rally in the Scottish Borders, which is permitted under private legislation. Similar events are already permitted in the Isle of Man and Northern Ireland, where the major racing events the North West 200 festival and the Ulster Grand Prix—both motor cycling—provide major financial investment, attracting thousands of spectators from home and abroad.
The Government consulted on the proposals in the spring of 2014. Even treating all the template replies organised by the motor sport organisations as one reply, there was overwhelmingly strong support for all but one of the proposals. The one proposal not agreed to is not being carried forward. The provisions in new Sections 12A to 12F provide for England and Wales and the provisions in new Sections 12G, 12H and 12I provide for Scotland. These are different due to the specifics of the legislative system in Scotland and also reflect the preferences of colleagues north of the border for greater central government input.
The amendment for England and Wales allows a person who wishes to promote a race or trial of speed to apply to one of the motorsport governing bodies for a permit. These bodies will be appointed by regulation and we expect them to be the Motor Sports Association for car races and the Auto-Cycle Union for motorbike races being the very experienced bodies which authorise on and off-road events. The motor racing body would consult the highway authorities, the police, local authorities and anyone else who has requested to be involved and ensure that enough information is provided on resources, safety and other arrangements. That would include having sufficient insurance. Once satisfied, the body would then be able to issue a permit setting out the route and any relevant conditions.
The organiser would then apply to the local highway authority for a motor race order. He would need to provide a risk assessment. The local authority would consider the impact on the local community, the potential benefits and any other relevant factors, such as safety, before deciding whether to proceed. We envisage a high degree of consultation and engagement with such bodies as the police and emergency services before any such decision is taken. This would ensure that races are run only where it is safe and sensible to do so. The local authority would be able to charge a fee for considering the application for a motor race order.
The legislation then specifies some provisions that would be disapplied during these races. They include, among other things, speed restriction, traffic signs and licensing and insurance requirements, but not the provisions in the Road Traffic Act 1988 relating to drink and drugs. This new section would also disapply Sections 1 to 3 of the Road Traffic Act 1988—road traffic offences related to careless and dangerous driving—in respect of competitors. This is because competitive driving has an element of increased risk, since it involves conduct, such as driving at speed, that would be considered careless or dangerous in normal driving conditions, and the vehicles used for some forms of race are not road legal and do not comply with the construction and use requirements. National authorities will be able by regulation to amend the list of disapplied road traffic legislation.
The proposed amendment for Scotland permits motor racing and trials of speed on public roads so long as the event is authorised by regulation and is held in accordance with any conditions imposed on the promoter by or under the regulations. It also disapplies Sections 1 to 3 of the Road Traffic Act 1988—road traffic offences related to careless and dangerous driving—in respect of competitors. The amendment allows Scottish Ministers to make provisions by regulation that specified provisions of legislation should not apply, or should apply subject to modification, to participants in authorised events. These provisions could cover, among other things, speed restrictions, traffic signs, licensing and insurance requirements. These regulations will not be able to disapply the provisions in the Road Traffic Act 1988 relating to drink and drugs, as in England and Wales. Scottish Ministers will be able by regulation to amend Section 16A of the Road Traffic Regulation Act 1984 to add to the list of statutory provisions which may be suspended by a road closure order. The legislation provides that the promoter would be liable in damages if their action, or that of a participant, caused personal injury or damage to property, unless the promoter could show that they had taken reasonable steps to prevent it. This amendment amends Section 16A of the Road Traffic Regulation Act 1984 in respect of England, Scotland and Wales to allow local authorities to close roads in order to hold motor races.
The Government consulted on these proposals and there was strong support for this provision. We envisage a high degree of consultation that would ensure that races are run only where it is safe and sensible to do so. Certain legislation would be disapplied during these races, including speed restrictions and road traffic offences related to careless and dangerous driving in respect of competitors. I beg to move.
My Lords, I support the amendments in this group, in particular those that transfer powers to Scottish Ministers. I crave the indulgence of noble Lords as I have not taken part in this Bill in Committee so far, but having listened to the eclectic subjects of schooling, tourism, licensing evenings in villages halls, haircuts, whisky ice cream and the size of Mars bars, it is much more attractive for me to carry on to take part in the debate.
These amendments are welcome. They reflect that rallying in Scotland has a long history and is enjoyed by thousands of dedicated individuals: spectators, drivers and volunteers. Scottish drivers and co-drivers have reached the highest levels of competition, for example, winning the World Rally Championship and building on Scotland’s motor sport tradition. As the Minister indicated, for more than 40 years the memorial rally for Jim Clark has been a fixture in the Scottish rally scene, in particular in the Scottish Borders in the constituency of my right honourable friend Michael Moore and in the ward of Councillor Frances Renton who is a tireless supporter of the rally. For more than 40 years, this annual event has taken place on private roads and tracks in the Scottish Borders in memory of my father’s hero Jim Clark, who was Formula One World Drivers’ Champion in 1963 and 1965. It is the only closed-road rally in mainland UK and therefore this measure will be of relevance to the Scottish Borders and the Jim Clark Rally.
It is held over three days in the Scottish Borders. It is worth acknowledging the work over many years by dedicated volunteers, and the real professionalism in the local authority and the local police and emergency services. However, despite that, this year the rally was struck by tragedy and three spectators were killed.
(10 years, 2 months ago)
Lords ChamberMy Lords, it is a genuine pleasure to follow the noble Lord, Lord Finkelstein. I had the privilege of joining your Lordships’ House in the same intake as the noble Lord. His three-minute maiden speech was one of the best I have heard—in fact, it was the best I heard from that intake—and his contribution today was equally thought provoking.
I, like other noble Lords, congratulate my noble friend Lady Scott for very ably and very clearly outlining the breadth of this sector. She gave us examples of how charitable and voluntary endeavour enhances and saves lives, of how the economy has improved and of the impact from just doing someone a simple favour—or microvolunteering, as perhaps we are now supposed to call it. Other noble Lords have referred to charity legislation and the need for reform, or how the sector as a campaigning force has made an impact on the economy, on health and on social policy. My noble friend Lady Barker outlined brilliantly the much better legislative framework now being put in place and the opportunities that, if used correctly and properly, that can bring overall to society. You cannot play a role in public life, even a limited one as I have, without bearing witness to this opportunity.
I declare my interests as a director of a charitable theatre, the Eastgate Theatre and Arts Centre in Peebles, which adds great benefit to the creative and cultural life of Tweeddale. It is interesting that not too much has been raised in this debate about the creative and cultural sector, yet the volunteers and charities in those areas make a profound impact. I am patron of the Borders Carers Centre and, among many other activities, I am a guiding ambassador in Scotland. I was rather confused as to why I would be a guiding ambassador, given my lack of experience as a Brownie or a Guide, but nevertheless I recognise, as others have, the huge breadth that this sector provides.
However, I want to address a different part of the role played by volunteering, perhaps different from what other noble Lords have raised in today’s debate. I have not the eloquence to do it justice, but in essence I want to speak about something that is very special to me and others who have the great fortune of having an affinity with the borderland area, with those jewels of the crown in the hilly land of the Borders that inspired Scott, Wordsworth, Turner and Buchan. This summer, these jewels will be shining—the towns and communities of West Linton, Peebles, Innerleithen, Galashiels, Selkirk, Melrose and Lauder, all of which I had the privilege to represent. All follow the silvery thread of the Tweed and then up to the ancient and royal burgh of Lauderdale. Those towns have profoundly strong communities, forged through many hundreds of years through the border wars. Noble Lords who are aware of the common ridings can imagine those hundreds of riders crossing the Tweed, during those years of conflict, on the way to police their town boundary or imagine witnessing the 350 mounted horse men and women galloping up the common land of Lauder to make sure the burgh flag was returned unsullied and untarnished and peace was secured.
Now, these are not the ghosts of the past. The riders will bear witness today, this summer, in the festivals of the common ridings, which are Europe’s largest equestrian events, organised and funded not by the Government, the tourist board or the council but by local volunteers. With the utmost professionalism, young men and women will represent their communities and their towns, working with members of the community up to the most senior in age. With the highest professionalism, they will represent not only the community but also the life of the towns that they will celebrate—celebrating place, comradeship and identity.
On Saturday I will be proudly wearing this tie, which is of shepherd’s check, which was the very first tartan in Scotland—when you see some of these fake, made-up ones from Victorian times, they mean nothing. This comes from the wool from the black sheep, woven with the wool from the white sheep, as was the case 700 years ago. It was adopted because of the textile heritage of Galashiels, and those involved in the Braw Lad’s Gathering will be wearing this. In the textile, the warp of the land and history and the weft of the community and people are brought together—from the committee members, who will do all the necessary bureaucracy and paperwork to ensure the event runs properly, to the marshals, who ensure that the 350 riders galloping through the town, which many might think would contravene some health and safety regulations, happens without incident and with safety, through to those people who will offer support leading up to and beyond the festivals. The noble Lord, Lord Holmes of Richmond, mentioned the Games makers, but we have had games makers for many generations to make sure that these huge festivals are operated to the highest standard.
Those people know that volunteering makes their community a place not just where they live but where they feel alive. Their motive is not financial or political. They are not operating under a legislative edict or a political mandate, but they know that they have inherited rich traditions that they wish to keep alive for future generations. The impact on others is their motivation. I am proud to be able to use my place in this Parliament to thank them for that.
(10 years, 2 months ago)
Lords ChamberMy Lords, Part II of the Silk report has only just been published and the Government are currently considering it. Given the amount of constitutional change and devolution over the past few years, the idea that we are in a status quo situation is not fair. We are moving and will have to move further. The question of how we move—whether we go to a UK-wide commission or, indeed, a convention, as the committee in the other place suggested—is one we all need to consider. The Government will certainly be thinking about this in the light of the September referendum, which, as the noble Lord rightly suggests, involves the future of Wales, Northern Ireland and the English regions altogether.
My Lords, does the Minister agree that it will be important to move on quickly in the event of a no vote in the Scottish referendum to deliver on the cross-party consensus for strengthening the Scottish Parliament among the three parties which do not support independence? My right honourable friend Alistair Carmichael has announced a conference on the new Scotland to meet shortly after the referendum to help bring that about. Does the Minister further agree that it will be necessary for a new Government, with a new mandate and a new Parliament after 2015, to provide a holistic review of what the refreshed union will be post-referendum? That is why cross-party support for a conference on the new union, concerning the relations between the nations and Westminster and the operation of Whitehall departments, will hopefully be important in bringing about an overall review, which will serve the strength of the United Kingdom in which we surely all have an interest.
My Lords, that is an interesting idea which we should all consider debating further. The northern parts of England have interests in common with Scotland in wanting to counter the dominance of London, which is a part of the problem as well as a huge advantage for the United Kingdom in economic terms. It is a part of the dialogue that we all need to have.
(10 years, 2 months ago)
Grand Committee
To ask Her Majesty’s Government what plans they have for further reform and decentralisation of the United Kingdom in the event of Scotland voting “no” in the independence referendum in September.
My Lords, I am grateful to noble Lords who have chosen to take part in this debate and to noble Lords across all parties who are taking an interest in what future path the United Kingdom takes in the event of a no vote in the Scottish referendum. It would be a dereliction of duty for me not to refer to the noble Lord, Lord Foulkes of Cumnock, who chairs with me an all-party group on UK reform and further decentralisation. When the noble Lord, Lord Foulkes, and I both served in the Scottish Parliament, we would occasionally spar against each other across the Floor of the Chamber, but on this issue we purr with agreement on the need for a lively debate on what shape the United Kingdom takes in future.
This debate is taking place on an important day in Scottish political history. It is uncommon that political parties from very different backgrounds and philosophies and with competing interests come together on a shared platform. This afternoon, Willie Rennie MSP, Johann Lamont MSP and Ruth Davidson MSP have led their respective parties to a common statement committing them all to delivering powers to strengthen the way the Scottish Parliament operates and to allow the people appropriately to hold MSPs to account for the decisions that they make. Such a commitment is highly significant and guarantees the strengthening of the Scottish Parliament should Scots vote no.
Exactly a decade ago, in June 2004, I published a pamphlet outlining a new model for financing the Scottish Parliament within the UK. In the introduction of a paper on fiscal federalism which I wrote while serving as a member of the Scottish Parliament’s Finance Committee I said that “the concept of fiscal federalism is well suited to a modern, sophisticated and pluralist society like Scotland. It will provide the necessary underpinning to support the move towards an increasingly federal system of governance in the United Kingdom”. A decade on, I continue to hold that view. It is worth noting for noble Lords’ interest that when I published that paper my party was serving in government in Scotland and the SNP had the previous year suffered a major reverse in the Scottish Parliament elections. It was most assuredly not a proposal designed to respond to the calls for independence by a strong SNP.
I have never believed that the question of the powers of the Scottish Parliament is one of tactics or about responding to nationalist arguments. Rather, I have always believed that the question of powers is one of ensuring the right balance of accountability and responsibilities within our union. With the right balance, we ensure that the appropriate sphere of government is best motivated to deliver good and efficient services and is appropriately held to account for the decisions it makes. Without the appropriate balance, it is easy for decisions to be avoided and an accountability gap to be created. I saw this start to develop while I was an MSP, and I see it today. I deliberately cite spheres of government; no longer should we in the United Kingdom be talking about levels of government. Many citizens across our union live with two Parliaments, or a Parliament and an Assembly, and two Governments. It is therefore the sphere of those government relations, and the relationship between them, not the hierarchical level, which is the most appropriate area to define.
The Scottish parties of the current coalition government partners have published proposals that match closely those I put forward in 2004. Coming from different perspectives, they have reached the same conclusions to address this growing imbalance. The post-referendum debate, however, is one that does not affect solely Scotland. For England, Wales and Northern Ireland the existential questioning of the union by many Scots requires us to consider the wider union, and the governance of England, too. This debate is best shaped if we set the terms for what the extent of devolution is, or what I have called the natural destination of devolution. This is the permanent balance of power and responsibility between the nations, beyond which the union does not function.
My party for many years has argued a federalist case, and others are coming to the same conclusions about the need to reach a clear understanding on what this destination of devolution is. The issue for post-referendum Britain, therefore, is how we bring coherence to this in order that the union is not merely a more asymmetrical entity than it is at the moment, without a clear defining of place for the Westminster and Whitehall institutions and the relationship between the nations and within England.
First, there can most definitely be a union that has varying powers in the nations. After all, they entered into the union for different reasons and under differing circumstances, so their continuing presence in it need not be identical. Secondly, the governance of Scotland on domestic—or, as some call them, home rule—affairs, need not be identical to the governance of equivalent areas within England, Wales or Northern Ireland. Indeed, in many respects, there can be a healthy difference in the way in which policy is approached. It is unhealthy if there is difference of accountability and balance of finance.
It is therefore the issue of the coherence of what holds the entity of the union together that is important. For me, it is the rational and well considered decentralisation of power from Westminster and Whitehall, the extent that we reach the right balance of accountability and that it is robust enough to be permanent and stable.
The UK should become a more federal-type kingdom after the referendum, even if it prefers not to describe itself as such. While it will not be a purely federal country— perhaps it will never be, as I have outlined in relation to the way in which the union was formed—it will increasingly have characteristics of how federal countries operate. For example, the permanence of the Scottish Parliament should be enshrined in the constitutional architecture of the whole union. The Scottish Parliament should not be a devolved Parliament of this Parliament, it should be a permanent body in its own right, able to be abolished only should it so desire, or have its powers altered only if it approves. The Scottish Government, elected from its Parliament’s Members, should not have their financial relationship with the Treasury set unilaterally by the Treasury. The relationship between the UK Treasury and Scotland, Wales and Northern Ireland will look much more like that of a federal finance ministry rather than a centralised UK Treasury that can unilaterally alter the state of funding policy across all four nations.
While Scotland is further down a path of reform than Wales—and Northern Ireland, which has its own considerations——the question of the governance of England must continue. There is the need therefore to establish a framework of principles under which UK-wide bodies operate, under which UK Ministers carry out their UK-wide functions, as opposed to their English functions, and under which the institutional arrangements between the Governments of the nations, often called the concordats, are framed. Such a framework of principles would apply also to the many bodies and agencies that currently have a UK-wide remit and touch on areas that are the competence of the nations but which are answerable only to this Parliament.
What does this mean for the users of these services, our former constituents in many respects? Sometimes we think that our esoteric arguments about constitutional theory will be grabbing their attention every single day. I think they would see a greater level of transparency and hold the relevant politicians to account. A Scottish Parliament with spending powers and no taxation powers is a rather artificially benign political institution. Power resides with the people, not the institutions, and we must make it straightforward for them to exercise such power.
Therefore the question today is what path the UK Government and this Parliament take after 18 September and what position the new Administration from 2015 takes, whatever party or parties form it. The Secretary of State for Scotland, my right honourable friend Alistair Carmichael, has announced that he will convene a conference on the new Scotland within 30 days of the referendum in the event of a no vote. This represents an opportunity for the parties who have published their proposals and for those such as the Scottish Trades Union Congress, the Devo Plus group, the IPPR and others who have published their proposals to come together in good time before the UK general election.
On a wider aspect relating to the whole of the union, some have spoken, including my noble friend Lord Maclennan of Rogart about the way the Scottish Constitutional Convention brought political parties and civic Scotland together in the 1980s and 1990s. This is a model worthy of consideration for the whole of the kingdom. There is merit in this. I believe, however, that given where we are today, 15 years on from the establishment of the Parliaments and Assemblies in our nations, we need a mechanism that can allow for open but focused discussion on how Westminster and Whitehall reforms take place.
I therefore propose to the Minister for his consideration the convening of a conference on the new union. Such a conference on the new union should be convened after the UK general election in 2015. It should last no longer than six months, and its objective should be to discuss and agree the principles upon which the UK and its institutions would be reformed in a coherent way for the positive distribution of power, a process already taking place within Scotland.
In conclusion, I leave the Minister with just these thoughts. It should have as its remit the endorsement of the reforms to the Scottish Parliament, that will be being legislated for, and to the National Assembly for Wales. It should also deliver agreement on how the financial relationship between the nations and the UK Government is made more transparent with the protections afforded the nations. The conference on the new union should also agree the parameters of reform to this Parliament’s procedures for the legislation that covers England. It should also put in place the necessary measures to enshrine permanently the existence of our national Parliament and the Assemblies of the nations.
Our union is a remarkable one, but it is being tested. The test is major. There will be a considerable number of people voting in fewer than 100 days to leave this union. I hope they will be in the minority in Scotland. If they are, we must respond. The response must be in a considered, sincere and careful way, but that does not mean it should not be radical. The opportunity for further decentralisation and modernisation of the UK presents itself most clearly. We should see the opportunity presented to us, and we should take it.
(10 years, 6 months ago)
Lords ChamberMy Lords, the noble Lord may be aware that the Political and Constitutional Reform Committee of the House of Commons has, indeed, recommended the idea of a constitutional convention in a recent report. As someone who used to study the British constitution, I have to say that, on the whole, we have preferred to patch it, make do and then put a bit more in rather than attempt a complete redesign.
My Lords, does my noble friend agree that one of the very positive aspects of devolving further taxation and fiscal power to the National Assembly for Wales and the Scottish Parliament is greater fiscal accountability for those institutions? As a former Member of the Scottish Parliament, I agree with that entirely. Does my noble friend agree that the best answer to the old question of the West Lothian question is to address the issue that it is actually a Westminster question, and that the answer to the old question is perhaps the old solution of British federalism?
My Lords, that was exactly the question I was debating with Russell Johnston in Edinburgh in 1968. There is more appetite for fiscal devolution in England, which means restoring to the cities and local authorities a great deal more autonomy in collecting and spending money themselves.