2 Lord Sutherland of Houndwood debates involving the Attorney General

Scotland: Independence Referendum

Lord Sutherland of Houndwood Excerpts
Thursday 30th January 2014

(10 years, 9 months ago)

Lords Chamber
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Lord Sutherland of Houndwood Portrait Lord Sutherland of Houndwood (CB)
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My Lords, I congratulate the noble Baroness, Lady Goldie, on a perfectly turned maiden speech. I look forward to many more. I thank the noble Lord, Lord Lang, for giving us the opportunity to debate this important topic, and particularly for the focus he placed on the United Kingdom. This is the unexplored area of the national debate that we must pursue. I also thank him for his analysis of what the future might hold and should hold. Thinking of this sort is fundamental and we must begin to respond to his comments, as has already happened this afternoon in the House.

My own starting point for this debate is the old saying, “If it ain’t bust, don’t fix it”. It ain’t bust. The United Kingdom is doing great things. It is in comparatively good order, as we look around the world. It has a record of achievement that arises from it being the United Kingdom. I will focus on this in relation to my own patch of the world: universities and research. It is easy to see the advantage to Scotland of the United Kingdom focus on research funding. In 1992, when legislation went through to set up separate Scottish funding councils for the universities, a number of us put great effort into retaining the UK base for research councils. Happily, our arguments—arguments from my fellow vice-chancellors in Scotland, England, Ireland and Wales—won the day. It was not automatic that they would. We combined to say that this was the right direction for research funding in Britain.

The success of the British research effort is extolled throughout the world. America is the great champion; China is beginning to bite very hard and there are other countries, notably Australia, which are pushing on this. However, the British contribution to the building of international knowledge and understanding of our world and of ourselves is massive, and is recognised as such. I have no doubt that one factor in this is that there has been a national United Kingdom focus on research strategy and funding. Long may that continue. It is a reality as well as a matter of reputation, which I will illustrate in a moment.

We have heard these numbers before but, in good House of Lords practice, I will repeat them—but only once, not twice. Scottish universities earn 13% of the total UK research council funds, based on 8.4% of the population. That is a significant gain for Scotland. UK charities spend more than £1 billion a year on research in these islands and, again, Scotland achieves 13%—well above whatever measure you would normally take.

The point is that both the research councils and the charities base their research funding on merit and peer review, not on sectional, national interest. That is why, again, the UK punches above its weight, as does Scotland. Both the UK and Scotland would be diminished if they were to be separated. Siren voices argue, “Don’t worry, it will be all right. All will be well. We will separate and then, perhaps, we will continue with the current arrangements and the amount of money flowing to Scotland will be proportionately high”. Did the current Scottish Government, who are pushing this policy, ask, for example, the Wellcome Trust what it thought about this? The Wellcome Trust is one of the two major drivers of research excellence in this country, particularly in the biological and medical sciences. It says:

“Our future commitment, and the eligibility of Scottish institutions for trust support, would need to be reviewed”.

It will not automatically flow through.

The Wellcome Trust points out that it gives money to overseas bodies, largely to those in countries which are not wealthy enough to have their own research budgets. It has two reasons for doing so, and two reasons for worrying if it had to consider Scotland as an overseas territory. What about additional and diverse regulations applying in Scotland to the use of research funds, as distinct from England? It would complicate its procedures and be an inhibition to it; it has made that plain. It worries, too, about possible changes to the governance of universities. It understands very well that good research practice relates to good governance. If you do not have leadership in universities that cam make strategic decisions—and that is not the direction of the current Scottish Government—your research and other performance will fall back.

The Government in Scotland clearly think that they can do a deal with Research Councils UK in any future separate status. They are whistling in the dark. The noble Baroness, Lady Liddell, made the point that talking about pals in this area will not do. I had lots of pals who were vice-chancellors in England, Scotland, Wales and Northern Ireland, but I can tell you, when they see the numbers spelt out that show what the research councils currently give to Scottish research, there will be no “paliness” about it—it will be a straight deal. I calculate that if they were contributing pro rata, they would put in, roughly, £150 million to £160 million, and they currently get £257 million. That is a huge gap. When that is seen, transparently, I cannot believe that English vice-chancellors will line up to say, “Well, that’s all right then”. Therefore, the idea of a cosy deal on this is nonsense.

The benefits to the UK have been immense. I have already mentioned the volume and quality of research in the medical and biological sciences, and the noble Lord, Lord Kakkar, made the same point. The strength of what goes on in Dundee, Glasgow and Edinburgh, complemented by excellent work in Aberdeen and St Andrews, gives Scotland its reputation. That is based on the current arrangements, which are UK-wide—and long may they remain so.

Scotland Act 1998 (Modification of Schedule 5) Order 2013

Lord Sutherland of Houndwood Excerpts
Wednesday 16th January 2013

(11 years, 10 months ago)

Lords Chamber
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My noble and learned friend repeated those words exactly in his introductory remarks this afternoon, and the issue was touched on by the noble Lord, Lord Reid, in his intervention. We have to get it over directly to the people of Scotland what is going on. That is why the point made earlier about the press reporting on these issues, if it can be persuaded to do so, is so significant. It is why we in this Parliament, in both Houses, must not drop this matter today having debated this order, but come back and debate the whole question of devolution for Scotland again and again during the coming months, so that these messages can be got over to the people of Scotland. I think it was the noble Lord, Lord Reid, who expressed confidence in the good sense of the Scottish people and the electors. I have always had a huge respect for what I call the “horse sense”, the common sense, of the electors, when all the facts are fairly and fully put in front of them. I am glad that in the other place yesterday the Secretary of State said that there would be plenty of opportunities to debate these issues again and again and to draw all the questions to the attention of the Scottish people. I hope that that will be the case in this House as well.
Lord Sutherland of Houndwood Portrait Lord Sutherland of Houndwood
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My Lords, I very much welcome the opportunity given by the noble Lord, Lord Forsyth, to debate this issue. He is right to take the view that he has on the amendment and on whether it will be pressed. However, this is a very important debate and, as has been suggested, we must ensure that it is continued.

I want to make two points and then issue a challenge. The first point is about the question. I was invited by the three pro-union—as it turned out then—parties in Scotland to chair a small, expert group on proposing a question that would meet the criteria which we all accept. We had hoped that it would be a group invited by all four of the major parties in the Scottish Parliament, but the SNP declined to nominate someone. Such is the way of life.

We came up with a question that is rather different from the one the Scottish Government propose—different in two respects that have already been commented on. First, we rejected the rubric, “Do you agree?” Rather, we wanted a single statement, “Scotland should be an independent state”: either “yes” or “no”, or “I agree” or “I disagree”. That would very plainly settle the matter.

The second point was, of course, that we used the word “state” and not “country”. The point of the word “state” is that if you have a state, you must have a head of state, a constitution, and foreign relations—whether with the EU or with NATO or, in due course, with the Government in Westminster, not least because of your interest in the Bank of England.

It was suggested to us—we have offered this evidence to the Electoral Commission—that the word “state” is a bit complicated. However, I believe in the electorate. They will take account of what this means. It is not a technical term. As a country, we host the Commonwealth Games; as a nation, we play in the Five, or is it Six, Nations tournament; as a state, we have a constitution, a head of state and, more than that, we must have foreign relations that we negotiate with others. If one says that the electorate will not understand that difference, then they will not produce informed consent or informed dissent. It is up to those of us who are involved in this, and, for example, the wider press, to explain the differences and ensure that people understand what they are voting on. So that is the question. We have submitted that evidence to the Electoral Commission. I do not know whether it will accept it.

My next point relates to the role of the Electoral Commission. The noble and learned Lord, Lord Wallace, slipped from one phrase to another. He suggested that in previous referenda there was a question of responding to the advice of the Electoral Commission. It is one thing to respond and accept—which is the phrase he used—but he also used another phrase: that the advice was accepted in line with what the Electoral Commission said. Are they required to go in the general direction, or are they accepting the actual advice?

In the light of that, I want to finish with a challenge. Much has been made of the role of the Scottish Parliament in this. I challenge the Scottish Parliament to debate now, before the advice is out. It must say whether it will accept the advice of the Electoral Commission, and if not, say so—and say why, or why not. Then, at least, we will have the arguments and reasons laid out for the Scottish population to understand what kind of group this is. The Scottish Parliament is not the Scottish Government; it is not the SNP. I challenge it now to debate a Motion that it will or will not accept the advice of the Electoral Commission.

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Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
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My Lords, a number of questions are rolled up into that. First, that is not the obligation of the Electoral Commission—there is no statutory duty or anything else for it to provide the answer by 1 February. I cannot remember which noble Lords made the point that your Lordships’ Constitution Committee had produced a report in a relatively short period of time, so why could the Electoral Commission not do the same?

The task of the Electoral Commission, among other things, is to go out and sample the question, which is not something, with all due respect, that the Constitution Committee intended to do, and neither would we expect it to do so. There is, therefore, a piece of work to be done in testing the question for its intelligibility, whether it is leading or misleading, whether it is neutral or whether it can be understood by those who will be asked to answer it in the referendum. I do not believe, therefore, that there was somehow some obligation on the Electoral Commission to rush that. I can hear the criticisms now if people thought that it had in some way been rushed.

Neither my noble friend nor any other noble Lord will be inhibited from commenting on the report of the Electoral Commission, which will be published and very much in the public domain. I will come to the noble Lord, Lord Sutherland, in a moment. There is no doubt that it is a matter for the Scottish Parliament to determine. There will be every opportunity for voices to be expressed as to what the Scottish Parliament should do in the light of the advice from the Electoral Commission.

Lord Sutherland of Houndwood Portrait Lord Sutherland of Houndwood
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Simply as a matter of fact, the Electoral Commission has advised me that it will publish its report early in February.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
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That is helpful. However, it is important to understand that there is a body of work that it ought to do, and is doing, before it publishes that advice.

The question has been raised about the franchise. As I indicated to my noble friend the Duke of Montrose, it is a matter of primary legislation for the Scottish Parliament. If it chooses to extend the franchise to 16 and 17 year-olds, issues will arise out of that; it will need to ensure that the proper protection is given to minors whose names would appear on a roll. That would be the responsibility of the Scottish Parliament in any legislation which it brings forward.

I do not believe that that is the thin end of the wedge. If only legislation passed by the Scottish Parliament was, we would have proportional representation by single transferable vote for English local authority elections, but I have not seen a great rush in the Westminster Parliament to follow the Scottish Parliament in that constitutional development

Several noble Lords, including the noble Lord, Lord Reid, my noble friends Lord Stephen and Lord Cormack, and the noble Baroness, Lady Liddell, posed an important question about the vote for service personnel. The position is that the members of the Armed Forces and their spouses or civil partners are entitled to vote in elections, provided that they are registered to vote either by means of a service declaration or as an ordinary voter. Members of the Armed Forces will be able to vote in the referendum if they are on the register in Scotland either as a result of an address in Scotland or a qualifying address showing a connection to Scotland, such as service accommodation in Scotland; an address in Scotland where they would be living if they were not in the services; or an address in Scotland where they have lived in the past. The same rules apply to spouses and civil partners of members of the Armed Forces.

On the specific point raised by the noble Baroness, Lady Liddell, service personnel who are overseas at the time of the referendum who would otherwise be eligible to vote will be able to vote by post or by proxy. I understand that the Electoral Commission and the Ministry of Defence run an annual electoral registration campaign to inform personnel and their families in units around the world about such voting matters. I will certainly talk to colleagues in the Ministry of Defence in the next round of prompting of information to ensure that they remind service personnel of the referendum.