Constitutional Law

Ann McKechin Excerpts

Tuesday 15th January 2013 Commons Chamber

[Michael Moore]

I am sure we can offer Hansard the appropriate assistance should it be sought. This is a point on which I agree with the hon. Gentleman. It is slightly curious that after 80 years of existence—give or take—the Scottish National party is not rushing to get this over and done with straightaway. One would have thought it would want to do it as quickly as possible, and it would certainly be in Scotland’s best interest to resolve the issue as quickly as possible. However, it will be a matter for the Scottish Government and then the Scottish Parliament to consider.

[Ann McKechin (Glasgow North) (Lab)]

rose—

[Michael Moore]

I did say finally, but I must give way to the former shadow Secretary of State.

[Ann McKechin]

I understand there is some suggestion that the Committees in the Scottish Parliament that will deal with the Bills on both the franchise and the referendum will be subject to a truncated timetable programme. Has the Secretary of State had any discussions with the Scottish Government about that? Given the importance of the referendum for our whole country, does he agree it is important that the Scottish Parliament’s Committees have appropriate time to consider the issues in great detail and ensure they are satisfactorily answered?

[Michael Moore]

The hon. Lady makes an important point. I do not believe it is appropriate for us to discuss that directly with the Scottish Government; it is for the Scottish Parliament to decide how it determines its own business. Former Members of that Parliament who are in this House today may wish to pick up on the hon. Lady’s point. I absolutely agree, however, with her central point that we should consider the issue properly and seriously. Symbolically, we are taking longer than we would normally to consider a statutory instrument because of the significance of the order. People would look askance if parliamentary processes elsewhere were cut short in the course of the debate, but the issue is for the Scottish Parliament to determine. We all have colleagues in that Parliament who, I am sure, will make the hon. Lady’s point very vigorously.

Let me turn to one issue that has attracted some comment, particularly from the Scottish Government. The concluding paragraph of the Edinburgh agreement contains a commitment by both Governments to hold a referendum that is legal, fair and decisive. There have been some creative interpretations of this paragraph in recent times, and I want to take the opportunity to restate its clear and obvious meaning.

Paragraph 30 reads:

“The United Kingdom and Scottish Governments are committed, through the Memorandum of Understanding between them and others, to working together on matters of mutual interest and to the principles of good communication and mutual respect. The two Governments have reached this agreement in that spirit. They look forward to a referendum that is legal and fair producing a decisive and respected outcome. The two Governments are committed to continue to work together constructively in the light of the outcome, whatever it is, in the best interests of the people of Scotland and of the rest of the United Kingdom.”

That means that the two Governments will conduct the referendum on the same constructive terms as they work today, and that if the referendum follows the path set out in the order and agreement, its outcome will be decisive. Regardless of the result, that constructive relationship should continue as we move forward. That is good practice and common sense. It does not mean, however, that in the event of a yes vote, the remaining UK would facilitate Scotland’s every wish—no more than an independent Scotland would unquestioningly facilitate the wishes of the remaining UK. Inevitably, when there are two separate countries, there are two sets of interests—sometimes mutual, sometimes at odds. That is the case in the UK’s relationships with its closest allies today, and we honour that principle, and so it always will be between separate, sovereign states.

The Edinburgh agreement, particularly paragraph 30, is a statement of our determination to hold a referendum that is legal, fair and decisive. It does not—and cannot—pre-empt the implications of that vote, and it is important that everyone is clear about that.