Scotland Bill

Debate between Lord Steel of Aikwood and Lord Keen of Elie

Tuesday 8th December 2015 Lords Chamber

[Lord Steel of Aikwood (LD)]

My Lords, I back up what my noble friend has said. I was in the House when we passed the Scotland Bill and I was never, ever happy with having the Sewel convention translated into law. So I am very glad to support the amendment and it is high time that this was put right.

[Lord Keen of Elie]

My Lords, first, there is the question of whether the heading is a matter for the parliamentary draftsmen rather than this House, and that is an issue, in my respectful submission. But let us turn to the substance of the—

Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015

Debate between Lord Steel of Aikwood and Lord Keen of Elie

Monday 7th September 2015 Grand Committee

[Lord Steel of Aikwood (LD)]

My Lords, I, too, support the order. I welcome the Advocate-General’s introduction of it. My mind goes back to the passage of the 1998 Bill through this House. At that time, I tried to move amendments that would have covered exactly the issues we are debating today. I am sorry to say that I did not get any support from the Labour Government, or indeed from the Conservative Opposition at that time. It struck me as odd that we were establishing a new Parliament in Scotland, yet this Parliament was going to continue to control that Parliament’s internal affairs. That seemed to me to be wrong. I was reinforced in that view when I took office as the first Presiding Officer at the Scottish Parliament and found that silly things such as the number of Deputy Presiding Officers we were allowed to have was laid down by this Parliament—that we could do nothing to make any internal changes. I therefore welcome the order. The Smith commission was very clear in stating that the Scottish Parliament should have all powers in relation to its own elections and,

“powers to make decisions about all matters relating to the arrangements and operations of the Scottish Parliament”.

That seems to me to be common sense. I very much welcome it.

If we leave this order as it is, it is open to the Scottish Parliament to change the predicted date of a Scottish Parliament election. I have tried to work it out. I hope that my arithmetic is correct, but if we leave things as they are and the Westminster Parliament is on a fixed basis of elections every five years and the Scottish Parliament is on a fixed basis of every four years, every 20 years there will be a clash. The Scottish Parliament would therefore have to use the powers in the order to make the changes. In the light of that, it would be sensible if the Scottish Parliament were to reflect on the fact that we have a fixed-term Parliament here and in Scotland, and that it would make more sense for the fixed term to be the same so that the dates do not clash at any time. That is a matter for the Scottish Parliament to decide in the future. In the mean time, I thank the Advocate-General for the introduction of this change to Schedules 4 and 5 to the original Act and I give it a full welcome.

[Lord Keen of Elie]

I first acknowledge the perspicacity of the noble Lord, Lord Steel, at the time of the passage of the 1998 Act. However, I was not here. I thank the noble Lord, Lord McAvoy, for the position that he has expressed. Of course, there has been more than one Pauline conversion on the road to final devolved settlement. We all hope that there will be more, even among the nationalists.