Scotland: Devolution

Debate between Lord Wallace of Tankerness and Lord Blencathra

Wednesday 29th October 2014 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, with respect to my noble friend who I know has studied it in great detail, I hesitate before going down the line of a 10-year fiscal federalism profile. I was about to answer the point made by the noble and learned Lord, Lord Hope of Craighead, and the noble Baroness, Lady O’Neill, with regard to the Supreme Court. The Scottish National Party has made a specific proposal. It would be wrong to second guess the Smith commission, but on the noble and learned Lord’s point about the role of the Supreme Court, if you have got a single market you should have a common set of principles and legal interpretation. This is very important and, as he will be well aware, both my own department and the Scottish Government established working groups during the passage of the Scotland Act 2012 to look at the role of the Supreme Court with regard to devolution issues. These are now compatibility issues and I hope that the Smith commission will have regard to that work, as both working groups reached very similar conclusions. I hope that gives some reassurance to the noble Lord.

The commitment to deliver further powers for Scotland is of course in keeping with this Government’s record in decentralising power. As my noble friend the Leader of the House has indicated, this Government have made huge progress in devolving both responsibility and funding for schemes to a local level. Local enterprise partnerships and the ambitious city deals programme, which has been mentioned by a number of noble Lords who have contributed to the debate, are clear examples of our commitment to empowering local leaders to take decisions which best fit local circumstances and needs.

That is a demonstration of open-mindedness about how more powers might be devolved. We certainly do not believe that power should be hoarded at the centre but that it should be devolved to the nations, communities and individuals that will benefit from it. I was struck, in the course of our debate, by the very important contributions from those with a rich experience in local government: the noble Lords, Lord Smith of Leigh and Lord Beecham, and my noble friends Lord Shipley and Lord Tope. They shared very constructive ideas with your Lordships’ House as to how we might improve existing arrangements, what new ones might be made and how powers might be used more imaginatively in our communities, our cities and those parts of the country which are not immediately connected with a major city. That is clearly an agenda which must be pursued as we go forward examining a whole range of constitutional issues.

With regard to other devolution of power within England, my noble friend Lord Dobbs referred to Walter Scott and the path to the Highlands and the danger for an Englishman. Treading into devolution for England by a Scotsman is almost as dangerous. I always tread very carefully indeed. From what was said this evening, it is very clear that this is something which should be addressed. As I indicated earlier, this is not an alternative to the so-called EVEL; it is a both/and rather than an either/or.

As my noble friend Lord Greaves, the northern home-ruler, said, there is no consensus in England as to where we might go. There must be an opportunity for further debate. The noble Lord, Lord Prescott, made a very clear case for greater devolution within England. He said that the regions of England had to be consulted as to where they might go. There are proponents of regional government throughout England. There are difficult issues over the possibility of the creation of extra layers of government. There have been advocates of a separate English Parliament, although that raises questions over location and composition, and whether it would be any more decentralised than the present arrangements. While in Scotland there was a settled role of the Scottish Parliament, the picture in England is less clear. My noble friend Lord Tyler indicated that my own party advocates provisions of flexible and responsive devolution on demand. There is a wider debate to be had. My noble friend Lord Shipley set out a strong, healthy agenda for such a debate.

[Lord Blencathra]

The latest polls show that 78% of people in England favour English votes for English laws. That seems fairly like consensus to me.

[Lord Wallace of Tankerness]

I was coming on to the question of English votes for English laws. I do not believe that English votes for English laws is an answer to the whole question of devolution within England; I think that that point is accepted. As my noble friend Lord Tope said, it is not a question of if—it must be a question of how. Moving on to the point raised by the noble Lord, Lord Blencathra, and numerous contributors to the debate with regard to English votes for English laws, I was going to say, “Over the last few weeks,” but my noble friend Lord Macgregor reminded us that the issue was live when he entered the House of Commons in 1974 and my noble friend Lord Lexden reminded us that it was live when Mr Gladstone and Joseph Chamberlain were in the House of Commons. This matter has generated debate and questions for well over a century. The welcome transfer of powers to Scotland, Wales, Northern Ireland and the London Assembly, and the prospect of further devolution have created not just an anomaly but a complex one. The asymmetric devolution of powers to these bodies makes the issue of which MPs’ constituents are affected by which laws a highly varied one. It is not a simple question with an easy answer, but we nevertheless should seek an answer, as my noble friend Lord Macgregor said. It is a question of fairness.

Each of the three main UK parties in the United Kingdom Parliament has expressed its views on the West Lothian question. This House has considered the issue. We have had the views of the McKay commission and reports such that of the democracy taskforce. My right honourable friend David Laws has noted that a grand committee should be appointed proportionately to vet laws that will apply only in England, joined by Welsh MPs when matters affecting Wales are debated.

The noble Lord, Lord Elis-Thomas, mentioned that Bills have a territorial extent. I know that my own Office of the Advocate General looks at all Bills with regard to whether legislative consent Motions will be required in Scotland. It can be complex. The Marine and Coastal Access Bill in which I took part is an example that was referred to by my noble friend Lord Greaves. Although my noble friend Lord Blencathra said that it could be relatively easy, I remember when the legislation was going through the House of Commons with regard to the increase of tuition fees under the Labour Government. When that passed, I was the Minister with responsibility for higher education in Scotland and I knew full well that that had far-reaching consequences for Scotland, which led to the Further and Higher Education (Scotland) Act 2005. It is not always easy. This matter deserves careful consideration.

Fixed-term Parliaments Bill

Debate between Lord Wallace of Tankerness and Lord Blencathra

Tuesday 10th May 2011 Lords Chamber

[Lord Blencathra]

My Lords, I rise, as far as it is necessary, to make a few observations on this Bill. I support the five-year term. I hope that your Lordships will not consider it impertinent of me to speak on this measure since I was not in the House when it was first debated. I have had an opportunity to read the Select Committee reports and so on, and I can only offer what is perhaps the doubtful benefit of 27 years’ experience in another place as an elected Member of Parliament. I went through six Parliaments in the other place, three Parliaments of four years and three of five years. I must say that, at the time, I did not feel that the five-year Parliaments were somehow depriving the British people of some fundamental human right or a great opportunity which they had missed because we had gone beyond four years.

Arguments have been made today that four is better than five. I do not accept that and see no great body of evidence for it. I accept that there is a considerable weight of opinion for it. Some of the opinion which has been given to your Lordships’ distinguished Select Committees is learned, some is notable and a lot of it is tremendously experienced, but it is still opinion. I would not say that it is firm evidence which this House is therefore bound to follow and pass judgment on.

Perhaps I may deal with a point raised by the noble and learned Lord, Lord Falconer. He pointed out that the evidence was that every time a Prime Minister went beyond four years, it was pretty awful. I would not entirely disagree with that, but it was not the fact that the Prime Minister went beyond a magic four-year trigger that made it awful. I was privileged, honoured and proud to serve in John Major’s Government right up until 1997, but the difficulties that the Prime Minister experienced did not materialise in 1996 because he had passed four years; they materialised after the ERM problems. From then on, it became difficult for the Prime Minister; indeed, it became a bit bloody for him. Moreover, he had a low majority. One has to look at the majorities that Prime Ministers have to determine whether their last year will be difficult. That may happen after two years, three years or four years.

Where Prime Ministers went to the polls after four years it was not because they wished to give the people a chance to make their Government accountable; it was not through some great constitutional issue of principle. In fact, they breached our 100-year, five-year norm because they thought there was a dashed good chance they would win, and good luck to them. Margaret Thatcher did that exceptionally well and so did Tony Blair. But let us not pretend that those four-year Parliaments came about as a result of some issue of principle or great conscience, or moral wish to give the British people more accountability. Therefore, I do not accept the argument that going beyond four years is somehow bad for the Government and nothing can be done. Considerable things were achieved towards the end of those five-year terms in office.

There has been discussion on whether the people want four or five years. I was for 27 years the Member of Parliament for Penrith and The Border, the largest constituency in England. I do not a recall a Dock and Duck there, but in The George, where I had regular surgeries, I would constantly meet constituents who, within weeks of an election, irrespective of who had won, would say to me that it was time to get rid of the Government, or that they wished they would continue for 20 years. I never met a single constituent who had a view on whether it should be a five-year term or a four-year term. All they wanted was that, in due course, at some point, not more than five years, they would have the chance to express their view and for it to be taken into account.

I hope that your Lordships do not consider it too impertinent of me to comment on a Bill where I was not here for the Second Reading nor able to participate in the early stages, but it was my experience in 27 years in the other place that five-year Parliaments were no less accountable to the people than four-year ones. I accept the point of the noble Lord, Lord Pannick, that if we move to fixed five-year terms, over a period of many years, the public will have slightly fewer general elections, but I submit once again that having an election every five years instead of every four years does not somehow remove accountability and give the British public less say in the Government whom they want. Therefore, I support the five-year term.

[Lord Wallace of Tankerness]

My Lords, I thank the noble Lords who have taken part in this debate. It has been a very full debate with some thoughtful and challenging contributions and strong arguments on both sides. I hope that the noble and learned Lord, Lord Falconer, will not object if, in dealing with his amendment, I take account of Amendment 3, to which the noble and learned Lord, Lord Lloyd of Berwick, spoke. It gives a different perspective and a different choice.

The position taken by the noble and learned Lord, Lord Falconer, is that if you are going to have four-year fixed-term Parliaments we should start with a four-year fixed-term Parliament, whereas the noble and learned Lord, Lord Lloyd of Berwick, takes the view that this Parliament, elected for five years one year ago, should be allowed to complete its five-year term and thereafter move to four years. Clearly there is a distinction. The noble Lord, Lord Owen, gave a good explanation as to why five years for this Parliament is proper—the fact that very difficult decisions have to be taken. There is accountability, too, in being able to make a better judgment at the end of five years than might be possible at the end of four years.

As a Government we believe that it is not just five years for this Parliament but that there should be five years for subsequent Parliaments as well. In saying that, I was getting slightly confused with the arguments that I had to address. I understood, and I apologise if I got it wrong, that the noble and learned Lord, Lord Goldsmith, said that the Government could have five years if they wanted and thereafter four. I may have misunderstood what he said.