Scotland: Draft Legislation

Debate between Lord Wallace of Tankerness and Lord Steel of Aikwood

Thursday 22nd January 2015 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I too voted by post before the vow was made. However, it is also fair to say that the vow raised an expectation, and if a vow which was made was not honoured then that would be a serious destabilisation of the United Kingdom. With regard to the second point on devolution from the Scottish Parliament, in fairness that appears not in the report itself but in the foreword by the noble Lord, Lord Smith. I seem to recall that when he delivered his report he indicated that those were personal reflections, and those reflections have chimed well with many people. That is why it is incumbent on us within our respective parties to try to make sure that the drive for greater decentralisation and devolution within Scotland is carried forward.

[Lord Steel of Aikwood (LD)]

My Lords, the speed with which the Secretary of State for Scotland and others have managed to put together this package is quite remarkable. It is certainly very welcome that the first signs are that the Scottish Government will co-operate in implementing these proposals. In the previous 10 days I have come across a number of people who voted yes in the referendum, who feel now that they had a narrow escape from what could have been a disaster. We could be sitting here discussing an independent Scotland based on oil revenues which are nothing like those anticipated at the time of the referendum. Therefore, is the noble and learned Lord surprised to learn that a lot of people are now realising that we had a very narrow escape? Finally, is there any sign yet that we will get an all-party agreement on a constitutional commission or convention after the election?

[Lord Wallace of Tankerness]

My Lords, my noble friend is right to say that we had a very narrow escape. I dread to think what kind of discussions we would be having now if the vote had gone the wrong way on 18 September. There have been indications of support across parties with regard to a constitutional convention, although I do not think that there is any concrete proposal in place, or any plans at the moment to set one up prior to the election. I endorse my noble friend’s comments about the speed involved. I pay particular tribute to officials in many departments of government, not least in the Scotland Office and in my own office. They were given 37 working days. When the pledge was made with the deadline of Burns Night no one had worked out that it was a Sunday, so that de facto reduced the number of days that were available. They did a tremendous amount of work, and I am very conscious too that there is more work to be done.

Scotland within the United Kingdom

Debate between Lord Wallace of Tankerness and Lord Steel of Aikwood

Monday 13th October 2014 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, the noble Lord, Lord McConnell, is right to emphasise how much detailed work went into the constitutional convention proposals, in which he, I and the noble Lord, Lord Robertson, were involved, and the work in terms of the taxation proposals now embodied in the Scotland Act. It is now two and a half years since that Act was passed. That shows the time that it has taken to get them implemented and to get it right. I agree that we should be under no illusion about that. I do not think for a moment that the noble Lord, Lord Smith of Kelvin, is under any illusion as to the challenge he is facing.

On the final point made by the noble Lord, Lord McConnell, about getting on with the powers and using them, he and I did a couple of events during the referendum campaign where we said some of the things that the Scottish Parliament had done. I very much hope that a right and proper debate about the extent of powers will not be used as an excuse for not using the powers that are already there. They should be used to tackle many things in Scotland, including education, health, transport and policing, which are crying out to be addressed.

[Lord Steel of Aikwood (LD)]

I wonder whether my noble and learned friend saw the lead story in the Scotsman on Saturday, which began with the sentence:

“The battle lines have been drawn in the fight to shape post-referendum Scotland, as the SNP government yesterday unveiled demands”.

Does he agree that my former constituent, the noble Lord, Lord Smith, will have a difficult time in the few weeks that he has to produce the report? If this commission is approached on battle lines grounds, there is an obligation on those who lost the campaign to recognise that they did lose. There is also an obligation on those who won to recognise that 45% of the population voted the other way. We must hope that what will come out of the Smith commission is the maximum amount of home rule consistent with common sense and that the parties will approach the commission in a constructive and consensus-seeking spirit and not in a battle line way.

[Lord Wallace of Tankerness]

I agree with my noble friend that a battle line approach will not be productive. I accept that the time is tight for the noble Lord, Lord Smith of Kelvin. I rather fear, however, that if we were to suggest any slippage the cries of betrayal would be even louder so I think it is important that we do stick to that. However, it is important too that people entering into these talks do so with a view to trying to achieve a lasting outcome. Simply to make a concession, for example, on monetary union, that was going to be made anyway in the context of independence, I do not consider a concession.

Abortion

Debate between Lord Wallace of Tankerness and Lord Steel of Aikwood

Thursday 10th October 2013 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I am certainly cognisant of the strong views that are held about this Act and its operation. One of the clear things emerging from this case is the great need to have clearer guidance for doctors on how to carry out their functions and the tests that are set down in Section 1 of the Abortion Act. I am confident that that will now be addressed. Certainly, the Crown Prosecution Service stands ready to assist in any way to provide that clarity.

[Lord Steel of Aikwood (LD)]

Does my noble friend agree that it is very difficult to see how any prosecution under the Abortion Act could take place if no abortion has taken place? Does he accept that gender selection by abortion is wholly repugnant and that therefore we must hope that the General Medical Council will issue ethical guidance on this important matter as soon as possible?

[Lord Wallace of Tankerness]

My Lords, I entirely agree with my noble friend that gender selection as a ground for abortion is wholly repugnant. It is quite clear that that is the very strong view of Members of your Lordships’ House. While abortions did not take place in this particular case, attempting to commit a criminal offence—that is, doing something that goes further than just preparing to commit it—is a crime in its own right and it is on that basis that the Crown Prosecution Service looked at the facts of this case. I do not know yet when the General Medical Council will come forward with any revised guidance; I have indicated that I think that it is necessary. However, the Chief Medical Officer will be writing again very shortly to all doctors involved in abortion provision, setting out the Department of Health’s views on sex-selection abortions—making it clear that sex-selection abortions are not acceptable—as well as pre-signing of certificate forms and other relevant issues, highlighting the need for doctors to keep up to date with legal provisions in the Act.

Dr David Livingstone

Debate between Lord Wallace of Tankerness and Lord Steel of Aikwood

Wednesday 27th February 2013 Lords Chamber

[Lord Steel of Aikwood]

To ask Her Majesty’s Government whether they propose to commemorate the 200th anniversary of the birth of Dr David Livingstone.

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

My Lords, Scotland Office Ministers and officials are working closely with the Foreign and Commonwealth Office, the Department for International Development and the David Livingstone 200 partnership to assist with a programme of celebrations to mark the 200th anniversary of Dr Livingstone’s birth. As part of the wider programme, the Scotland Office will host a commemorative reception at Dover House, which will follow on from a service that will be held in Westminster Abbey on 19 March, the actual 200th anniversary of Dr Livingstone’s birth.

[Lord Steel of Aikwood]

My Lords, I thank my noble friend most warmly for that Answer. Is he aware that, in view of David Livingstone’s reputation as a missionary, an explorer and, above all, a campaigner against the slave trade, commemorations will take place next month in Zambia, Tanzania and especially in Malawi? Will he tell the House whether there are any activities planned in Scotland itself, apart from the excellent news that the museum at Blantyre will be revamped by the National Trust?

[Lord Wallace of Tankerness]

My Lords, my noble friend is absolutely right to pay tribute to Dr Livingstone. It is significant that in the post-colonial age some of the place names associated with David Livingstone, such as Blantyre and the name Livingstone itself, have remained. That speaks volumes about the contribution that he made and the standing in which he is still held. For example, in Zambia there is a programme called Livingstone 2013, in which the British High Commission has been very actively involved. My noble friend also asks about Scotland. The National Museum of Scotland has a special commemorative exhibition, which has run since November until April this year. There will be events on the day. My right honourable friend the Secretary of State for International Development is planning a flagship event at Abercrombie House in East Kilbride, the offices of the Department for International Development, on 18 March and, very interestingly, a time capsule is proposed, linking children from Malawi and Scotland, which will be Skype-linked on 19 March.

David Livingstone Bicentenary

Debate between Lord Wallace of Tankerness and Lord Steel of Aikwood

Monday 23rd July 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I sought in my original Answer to indicate that the Scotland Office has already taken one particular initiative. Scotland Office officials and Ministers, including my right honourable friend the Parliamentary Under-Secretary of State, have been in contact with the Department for International Development. We are also engaged with other Whitehall departments, very much taking on board the point that the noble Lord made. He mentioned his visit to Malawi. It may well be appropriate to place on the record that the Scotland Malawi Partnership is very much the product of a concordat between the Government of Malawi and the Scottish Government of whom he was the First Minister. It is a reflection of his personal commitment to Malawi.

[Lord Steel of Aikwood]

Will my noble and learned friend consider whether Her Majesty’s Government, or indeed the Scottish Government, might make some contribution to the refurbishment of David Livingstone’s house in Zanzibar? I am in touch with friends in the devolved Government in Zanzibar and I am sure that a small contribution might enable them to provide some matching funds. At the moment the house is full of rather wilted press cuttings. Given the importance of that island in the slave trade which David Livingstone helped to abolish, it would be good if something could be done now.

[Lord Wallace of Tankerness]

My Lords, I understand that the house to which my noble friend refers was where David Livingstone stayed in Tanzania, in Zanzibar, prior to the start of his final expedition in 1866. There are no current plans for the United Kingdom Government to provide a contribution for the renovation of the building but I am aware of my noble friend’s interests in this matter and I will certainly ensure that his comments are drawn to the attention of the relevant department.

Scotland Bill

Debate between Lord Wallace of Tankerness and Lord Steel of Aikwood

Wednesday 21st March 2012 Lords Chamber

[Lord Wallace of Tankerness]

I hear what my noble friend says, but I ask him to reflect him on two points. First, it is my understanding that the Electoral Commission would not necessarily welcome that. Secondly, with regard to the point I was making about the franchise: if one seeks to do something different, what are the rules regarding the relationship between the Electoral Commission and the question under the Political Parties, Elections and Referendums Act 2000? If you try to do something different for a Scottish independence referendum, you could immediately open yourself up to a charge of trying to rig or manipulate it. The advantages of consistency in this area are important.

I am told that the Electoral Commission has not, and does not wish to, set a question as its role is properly to review the question and publish that review, which is important. I do not countenance any situation where the commission would not be engaged, nor where its view on a question would not be made public.

[Lord Steel of Aikwood]

My Lords, I beg leave to withdraw Amendment 93.

Scotland: Constitutional Future

Debate between Lord Wallace of Tankerness and Lord Steel of Aikwood

Tuesday 10th January 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I certainly am very grateful and appreciate the support and welcome that the noble Lord has given, not least because of the very important role that he played in delivering the Scotland Act 1998 through many sittings in your Lordships' House. He asked about the timing, and clearly one could pray in aid comments from professional bodies, including the CBI Scotland. However, it is almost common sense and self-evident that at a time of otherwise considerable economic turmoil and concern, businesses, which in making investment decisions look to the long term, will factor in questions of uncertainty as to whether Scotland will or will not be part of the United Kingdom and, if not, whether it will have the euro or the pound. Clearly there are uncertainties there, which is why the Government, including a number of my ministerial colleagues, have expressed a view that we would prefer to see this referendum sooner rather than later.

The consultation paper sets out some of those factors and invites comment from people in Scotland as to the timing for the referendum. I hope that not only the United Kingdom Government but the Scottish Government will have regard to those responses.

I will not follow the noble Lord down his final path, because I do not believe that while we are trying to move forward and get a legal, decisive and fair basis for a referendum, and to have a campaign which those of us who firmly believe in Scotland's future in the United Kingdom want to co-ordinate and act on together, it is the moment for criticising parties north of the border.

[Lord Steel of Aikwood]

My noble and learned friend knows that I did not take any part in the last Scottish elections, because I was following the advice of the late Lord Weatherill and the noble Baroness, Lady Boothroyd, that as a former Presiding Officer I should not take part in party political activity, but that did not mean that I was not watching what was going on. Does the Minister agree that what happened was that the SNP leaflets, and indeed the ballot paper, did not say, “Vote SNP for independence”? They did not even say, “Vote SNP for a referendum”. They said, “Vote SNP for Alex Salmond as First Minister.” Objectively, I thought that was rather successful. However, the idea now that there was some kind of mandate and that people were rushing into the polling booths to authorise the SNP to organise a referendum—and to decide who should vote in it, what the question is and when it should be held—is complete nonsense. Their manifesto did not even refer to the timing coinciding with Bannockburn, so let us get rid of this mandate theory.

The Government are right to come forward with a consultation paper. I agree with the noble Lord, Lord McConnell, that what will scunner the people of Scotland is if we spend the next three years discussing these issues instead of getting on with getting the two Governments together to work out a sensible way of letting the people of Scotland decide their future as soon as possible.