Constitutional Law

Bob Stewart Excerpts

Tuesday 15th January 2013 Commons Chamber

[Sir Malcolm Bruce]

I thank the hon. Gentleman for that intervention. I shall take note of your encouragement, Madam Deputy Speaker, not to go into too much detail, but of course this is a decision that will be taken in Scotland and in which the whole United Kingdom has an interest. I think we have moved on. When the Prime Minister intervened on this issue 12 months ago, he was initially criticised for interfering in Scottish domestic affairs, but people quickly recognised that the Prime Minister of the United Kingdom has a legitimate interest in the future of the United Kingdom and the right to take part in the debate. It is equally true that the decision on the future of Scotland must be taken in Scotland through a process made in Scotland, which is why we are discussing the order today.

I and my political party have been almost obsessed with the progress of home rule towards federalism for my whole lifetime. Indeed, if we look back across the history of the Liberal party we can see that has been the case for at least 100 years or even, in the case of Irish home rule, 150 years. We not only can but probably have bored people with a considerable amount of detail. That detail proved extremely useful in the process of developing the Scotland Bill through the constitutional convention, and the work that we, the Labour party, the Greens, the trade unions, the Churches and the business organisations did together was influenced by the fact that many of us had thought about it in considerable detail before we had the opportunity to implement it.

It remains a matter of some astonishment to me that the Scottish National party, which lives for nothing other than Scottish independence, appears to have so little command of the detail of what that would involve and is presenting it on the basis of unilateral, unfounded and unsupportable assertions. That is relevant in the context of the time scale on the back of the briefing notes, alluded to by the right hon. Member for Edinburgh South West, which point out that the Scottish Government propose to produce a White Paper next November. That is more than two years after they were elected and only a year before we are supposed to make a decision. As the hon. Member for Strangford (Jim Shannon) pointed out when he intervened to make the case for Northern Ireland, many fundamental questions must be answered. As the hon. Member for Penrith and The Border (Rory Stewart)—speaking, I would guess, as much for the border as for Penrith—has rightly asserted, these are not questions that can only be answered in Scotland.

Those questions must be answered in Scotland and outside it, which is why the debate must be conducted with recognition that this is not some parochial, internal matter for the future of Scotland. It affects how Scotland might relate to the Bank of England, the European Commission, NATO, the UN and any other multilateral or international organisation. That is of course crucial, but the implications of the change for the rest of the UK are also important. Many people in Scotland will seek to balance those two questions when considering how to vote.

[Bob Stewart (Beckenham) (Con)]

I am a bit worried that we might be saying that we will never debate the matter of Scottish independence in this Chamber again once the section 30 order has been passed. Will we be allowed to debate and to elaborate on the arguments after the order has been passed? If we pass it today, will that mean that Mr Speaker will never allow us to debate this matter, which is very important for our constitution, again?

[Sir Malcolm Bruce]

I am sure that the House will have the opportunity to debate it and that the hon. Gentleman will ensure that we do. Of course, we will not have the opportunity to amend or determine the Bill on the referendum, which will be decided by the Scottish Parliament. The hon. Gentleman’s intervention is relevant, as it is important that we recognise that the deal struck in the Edinburgh agreement involved compromise from the UK Government and the Scottish Government. The UK Government have agreed to pass substantial power to the Scottish Parliament to legislate for the referendum, but they have an agreement that it will be on a single, stand-alone question and that the Electoral Commission will at least be involved in the process. Those are all crucial issues and I reiterate my view that the Scottish Government discount the Electoral Commission at their peril. They would be wise to take that point on board. We recognise that it is a compromise, but one made in the spirit of ensuring that we have a democratic vote that we can all accept and support.

This morning, my office took a call from a number of Canadian parliamentarians who are anxious to meet me to discuss the implications from their experience. I have to point out that they are not in favour of breaking up Canada, but are warning of the dangers of a sustained threat to the continued existence of the United Kingdom rather than one that can be resolved by 2014.

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[Mrs Eleanor Laing (Epping Forest) (Con)]

It is a pleasure to follow the hon. Member for Glasgow South West (Mr Davidson). He and the Scottish Affairs Committee, which he chairs, have carried out the important task of putting before the House a wide-ranging report on this matter, and it was good to hear his presentation of points from that report this afternoon.

I wish to put it on the record that it is an absolute disgrace that nobody from the Scottish National party was in the Chamber when the Chairman of the Scottish Affairs Committee delivered his important and wide-ranging speech. Joking apart—I am joking, Mr Deputy Speaker, because I am disappointed that I am not about to have —[Interruption.] Oh—I am not disappointed. Right on cue the hon. Member for Perth and North Perthshire (Pete Wishart) comes back into the Chamber. I am delighted that he is here because I was disappointed that there was nobody to argue with me. Nevertheless, it is a disgrace that no Scottish National party Member was in the Chamber to engage in debate with the Chairman of the Scottish Affairs Committee. Not every word spoken by the hon. Member for Glasgow South West goes without challenge in this House, and it was the duty of Scottish National party Members to be present to challenge anything with which they disagreed in what the hon. Gentleman said on the Floor of the House, and not merely in the media and other places. This Chamber is the forum for discussion about the affairs of our country—our whole country.

I well remember our debates in 1998 on the Scotland Bill that became the historic Scotland Act 1998. I remember Donald Dewar, to whom I pay great tribute for the work he did on behalf of Scotland and the United Kingdom, standing at the Dispatch Box when we debated what is now section 29 of the Act, and saying that it was not his intention for there ever to be a situation in which a Government of Scotland, or Scottish Parliament, would wish to conduct a referendum on the independence of Scotland. I firmly recall those of us then on the Opposition Benches saying, “But there might be and we must guard against it.” He said we did not have to guard against it, but in the end we did. However, history moves on.

I certainly respect the sovereignty of the people, and we now have a Government elected by the Scottish people—sadly—and that is up to the Scottish people and is democracy speaking. We now have a Government who do wish to conduct a referendum on the future constitutional position of the United Kingdom, and therefore it is right for this Parliament to enact this order today to give the Scottish Parliament power to conduct a referendum.

I welcome the Edinburgh agreement. It has been well considered, well balanced, well argued and well presented. The most important part about it is that it requires a referendum to be legal, fair and decisive, and on those counts, like most people who have spoken this afternoon, I have deep concerns about four particular points: the role of the Electoral Commission; the timing of the referendum; the question in the referendum; and the franchise. If those four matters are not correctly dealt with as the legislation to put a referendum in place goes through the Scottish Parliament, that referendum will not command the respect of the people whose future it will decide. We all want the referendum to be decisive. We all want this issue to be over, once and for all, so that those of us in the political world can in future speak about the matters that affect the Scottish people and those throughout the UK on a day-to-day basis, instead of having this prolonged argument about the processes of government.

Let me deal first with the Electoral Commission. I wonder what the First Minister is afraid of. If someone was truly willing to allow the proceedings of their Parliament and the decisions it takes to be properly examined by a properly constituted public body such as the Electoral Commission, they should have nothing to be afraid of. Not wanting the Electoral Commission to scrutinise what is to be done suggests that the First Minister does have something to be afraid of. It suggests that he wants to use political advantage to skew the way in which the referendum is conducted. I am surprised at that, because I have an enormous amount of respect for the Scottish First Minister. He is a brilliant politician and he usually manages to find his way through any argument with incredible rhetorical ability, often winning the point—[Interruption.] I am sure that his representative on earth, the hon. Member for Perth and North Perthshire, is not leaving the Chamber again.

I genuinely pay tribute to the Scottish First Minister for his debating ability, his rhetorical ability and his political ability, so I do not see what he can possibly be afraid of, unless he has something to hide. He should not have anything to hide, because if we are to trust the Scottish people to make this important decision—and I do—we must trust them to make the decision in an open, honest, fair and balanced way. Indeed, it is worrying that when the hon. Member for Moray (Angus Robertson) spoke earlier, he took interventions and questions from various Members, but simply would not undertake on behalf of his party—and therefore on behalf of the Government in Scotland—to adhere to what the Electoral Commission says.

[Bob Stewart]

It seems clear that the reason why the Scottish nationalist party does not want to adhere to the directions of the Electoral Commission, but wants to seek electoral advantage by every means possible, is that it probably realises that the majority of Scotsmen and Scotswomen—and 16-year-old Scots too—want to remain united with the United Kingdom. That is probably why the Scottish nationalists will seek every advantage they can.

[Mrs Laing]

I am quite certain that my hon. Friend is right. If the First Minister was confident that a vast majority of people in Scotland would vote for Scotland to separate from the United Kingdom, as he wishes they would, he would not be worried about the Electoral Commission, or about spending, the question or anything else. It is because he knows that, actually, the reason he has his majority in the Scottish Parliament at present is because of the circumstances that pertained when people went to the polls at the last Scottish election. They were not voting for Scotland to separate from the United Kingdom; they were voting against the Labour party—but I shall not go down that route now, as you would not allow me to, Mr Deputy Speaker. We all know, however, that that is what—[Interruption.] They were voting against the Conservative party as well, I freely admit it, but that is not the point. The point is that the First Minister of Scotland knows that—he is a clever politician and he can analyse it. He knows the true intentions of the people of Scotland, and that is why he is afraid. That is why he is delaying, and that is why he is messing about with the franchise.

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[Mrs Laing]

I hear what the hon. Gentleman says, but I am not confident about that point. It greatly concerns me that the names, addresses and ages of 14-year-olds would be made public in order to allow them to vote by the time they are 16. At the moment, the name of someone who is yet to be 18 will be on the register more than a year before they are 18. I can cope with that for 17-year-olds, but not for 14-year-olds who are children. I repeat that that is simply not right.

Moving on to other aspects of the franchise, it would appear that some members of the armed forces will be allowed to vote in the referendum, but what about their families or their dependants? What if someone serving in Germany lives with his wife, teenage children and perhaps mother-in-law? The person in the armed forces might be given a vote, but those others would not. That is not fair.

[Bob Stewart]

I find it extraordinary that because the most Scottish of infantry battalions, the 5th Battalion the Royal Regiment of Scotland, the old Argyll and Sutherland Highlanders, is garrisoned in Canterbury—that most English of towns—those serving in it will not be given the vote. Does my hon. Friend agree that that is extraordinary?

[Mrs Laing]

I certainly agree with my hon. Friend that that is extraordinary, and it is also simply unfair. If the Scottish Parliament wants this referendum to command respect in the United Kingdom and indeed across the world, the franchise on which it is based must be fair and must be seen to be fair. What is being said this afternoon must be taken into account in the Scottish Parliament when it comes to debate how the legislation for the referendum should be framed. It is also unfair that those who are not in the armed forces but who are temporarily out of Scotland, serving their country in some other respect, should not be allowed to vote. It is wrong that they and whoever is with them on their mission, whatever it might be, should not be allowed to vote. Those temporarily out of Scotland who would in other circumstances still be in Scotland will not be allowed to vote.