Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015

Debate between Lord Reid of Cardowan and Lord Purvis of Tweed

Thursday 26th February 2015 Lords Chamber

[Lord Purvis of Tweed]

It is only an apparent change. The noble Lord considers it one, but in fact there is no change. The Smith commission and indeed the introductory remarks of the noble Lord, Lord Smith of Kelvin, are perfectly clear on the powers to be extended to the Scottish Parliament over the franchise, as part of other aspects. The draft clauses accurately reflect the ongoing view in paragraph 27 rather than paragraph 25 of the continuation of the supermajority. In the measure that we have in front of us today—this instrument—and in the draft clauses that Parliament will be debating after the general election, there is no change, as far as I see, in the Government’s position. The noble Lord may not agree with that, but that is my view.

[Lord Reid of Cardowan]

It is not about whether I agree with the merits of it; it is about the objective, factual position. I was not referring to the Smith commission. I was referring to the Government’s publication in response to the Smith commission. The noble Lord may say that it is apparently at odds with the legislation; I think that it is. I am not questioning the merits of the case that he is putting; I am just trying to get an explanation on why there has been an apparent change three times in three months.

[Lord Purvis of Tweed]

I was referring, in my answer to the noble Lord’s previous intervention, to the heads of agreement of the Smith commission, in paragraphs 25 and 27, and, in annexe A, to draft Clause 4 on page 93, which brings into effect the recommendations of the Smith commission. This clause also brings into effect a recommendation of the Smith commission, which is to move, on the basis of unanimity in the Smith commission, to the delivery of this power for 16 and 17-year olds, so that the Parliament will have that authority in advance of the 2016 Scottish Parliament elections. There is no difference in that position on the Government’s part, apparent or otherwise, as far as I see it.

Finally, I joined my party at the age of 16. One of my reasons for doing so was because of the position that my party had to empower 16 year-olds to take part in parliamentary elections. I am delighted that this Government have acted on the unanimity of political views in the Scottish Parliament to deliver this, and that is why I will be delighted if this goes through Parliament today.