Scotland’s Constitutional Future

Brian H. Donohoe Excerpts

Tuesday 10th January 2012 Commons Chamber

[Michael Moore]

Until almost to the end of that question, I thought that for once I might be in agreement with my hon. Friend on a matter to do with Europe. He is right to raise the issue of Europe because Scotland’s membership of the European Union, were we to become an independent country, could not be taken for granted. There would have to be a process for getting into the EU, which is vital for our economy. On that basis, I hope we will find common cause.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

I seek an assurance from the Secretary of State regarding the uncertainties that arise by virtue of the time being taken to get to the point where we have a referendum, which are very damaging for inward investment possibilities. Right now I am trying to get inward investment of some size into my constituency, but it is highly probable that as a consequence of all this the high levels of unemployment in my constituency will remain. Can he assure me that this process will take place sooner rather than later?

[Michael Moore]

The hon. Gentleman makes a really important point about his constituency. I am aware that huge decisions are being contemplated not just for his part of Ayrshire but for all parts of Scotland, and investors do not like uncertainty. We have seen the Citigroup report and the observations of the CBI and the Institution of Mechanical Engineers. It is bad for Scotland and for the UK to have this uncertainty. I want to see the referendum sooner rather than later and we will do everything in our power to ensure that we can do that.

Public Sector Pensions

Brian H. Donohoe Excerpts

Thursday 8th December 2011 Commons Chamber

[Hywel Williams]

The hon. Gentleman is a keen student of Scottish affairs, and possibly of Welsh affairs as well. He will know that the block grant has been falling, and that the choices available are limited.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

Does the hon. Gentleman not accept that the Labour-run Scottish Executive also had to make choices? When they undertook to introduce free travel for the elderly, they had to do so on the basis of the block grant, and the SNP would have to take a similar hit if they did what the motion suggests.

[Stewart Hosie]

The budget was going up at that time.

--- Later in debate ---

[David Mundell]

As the hon. Lady knows, the Treasury underwrites the scheme. The Treasury requires to be paid out whatever is required to be paid out in relation to the scheme. The scheme does not operate on a basis of contributions and pay-outs, because the Treasury is underwriting the scheme so that everybody is paid in full as is their entitlement.

[Mr Donohoe]

rose—

[Hywel Williams]

rose—

--- Later in debate ---

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

I thank Plaid Cymru and the Scottish National party for securing this debate and for ensuring that the damaging pension plans continue to be at the top of the political agenda.

As the Minister said, the SNP had choices. In relation to the final part of the motion, the SNP gave away its choices in refusing the opportunity that it had in the Scottish Parliament to vary taxes by 3p. If it had accepted the need to continue with that, it could have used it towards the contributions that are required. There has been a lot of talk and nonsense about that from Members who have now left the Chamber. They know full well that that is the case.

[Dr Whiteford]

It sounds as though the hon. Gentleman is proposing that we increase taxes in Scotland to pay for pension increases. Is that really what he means?

[Mr Donohoe]

We live, at this stage, in the United Kingdom. If the SNP is suggesting that Scotland has a different set of circumstances for pensions than England or Wales, there is something wrong with the system. We live in the United Kingdom and SNP Members have to accept that. I have more in common with a joiner in Newcastle than with the director of the Royal Bank of Scotland. That is the way that SNP Members should think as well. They had choices and they denied themselves the opportunity to make them.

This matter affects many of my constituents. My constituency has 4% more public sector workers than the United Kingdom average. Some 39,300 of my constituents work in the public sector, about two thirds of whom are women. The pension proposals will affect women more than men, because they are the lower-paid in society.

[Mel Stride]

As Christmas approaches, could the hon. Gentleman find it in his heart to congratulate the Government on taking more than 1 million low-paid workers out of tax altogether, many of whom are exactly the women he describes?

[Mr Donohoe]

I do not accept that at all. This Government have put up VAT, which is affecting all the low-paid people across the country more than it is the likes of the hon. Gentleman. He should not delude himself that the situation is different.

My mind has been taken away from this subject over the past week, because young Jack Samuel Donohoe, my second grandchild, was brought into this world at five past 12 on Monday. Jack, his mother Pauline and his father Craig are all doing very well. I mention that only because when my first grandchild was born about three weeks ago, I mentioned it in a debate and I felt that it was only right to mention the second.

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I am sure that the hon. Gentleman will use that point to talk about how long we are all living and return to the motion.

[Mr Donohoe]

I am grateful to you, Madam Deputy Speaker, for that guidance. I am sure that that is what I was about to say. In about 70 years, my grandchildren will collect their first pension. I want it to be a decent pension, regardless of whether they are in the public sector or the private sector.

At the age of 22, I first became involved in pensions as a trustee of the pension scheme at the Ailsa shipyard where I worked. I have always had an interest in pensions as a result. Many people do not have a clue about pensions. I have always accepted that a pension is deferred income. My pension is part of my income, and pensions are the income of every person who contributes. It is income that this Government are taking from individuals. I know that and other hon. Members should know it.

[Guto Bebb]

I find the hon. Gentleman’s arguments very interesting. If pension contributions are deferred income, is not the disparity between pay in the public sector and the private sector in Wales even more scandalous?

[Mr Donohoe]

The hon. Gentleman obviously does not understand what I have just said. It is clear that most people do not understand that pension contributions by an employer are deferred income. They are part of a person’s income and should be treated as such regardless of whether they are in the private or public sector. That should be known to everybody.

The increase in contributions that was announced in the spending review will not be used to pay for pensions. My understanding is that that £2.8 billion is specifically to be used to reduce the deficit—that is in the Red Book. Perhaps the Minister would like to establish in his winding-up speech whether that is right. I also understand that the proposal was a political choice by the Government rather than being made out of necessity. They have scrapped Labour’s tax on bankers’ bonuses, which was to raise more than £3 billion in revenue, and replaced it with a tax on public sector workers’ incomes.

Those changes are being made against a backdrop of a two-year pay freeze for public sector workers, which of course was announced on the eve of last week’s strike. That was a very provocative statement intended, I suggest, to fan the flames of dissent among public sector workers. The changes also come at a time when inflation is running at about 5%. That in itself has reduced the value of public sector pay by almost 10% in real terms, which is not sustainable in the current climate. We all understand that we have difficult choices to make, and we all understand the state of the economy, but pensions should be considered for the long term. It is patent that that is not happening.

[Mr Graham Stuart]

Will the hon. Gentleman give way?

[Mr Donohoe]

No, I am just about to sum up, so I will not give way again.

I finally wish to touch on the effects that the changes will have on our armed forces, a section of the community for whom I have great respect. It goes without saying that this punitive reduction will have a damaging impact on the morale of those who are prepared to make the ultimate sacrifice for our country. We must not punish our young men and women in the forces because one man cannot see the practical implication of his economic policies.

Scotland (Poverty)

Brian H. Donohoe Excerpts

Wednesday 30th November 2011 Westminster Hall

[Sandra Osborne]

My hon. Friend is absolutely right. We are concerned about the impact on ordinary people. The quicker they realise exactly what this Government are up to, the better.

Who are these people? Alongside children, certain groups are at particular risk of poverty. They include lone parents, women, people who are not working, people affected by disability and people from ethnic minorities.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

I congratulate my hon. Friend on securing this debate. As one of my neighbouring colleagues, she knows full well the problems of unemployment, particularly among young people. Is that not one of the main areas that should be tackled at an early stage—earlier than this Government intend?

[Sandra Osborne]

Absolutely. I will refer to that later. To say that it is too little, too late would put it very mildly.

Poverty is most prevalent in urban areas, yet there are almost 100,000 income-deprived people in rural areas in Scotland. I would be interested to hear the Minister’s views on what he thinks causes poverty. The Tories are quick to identify individual behaviour as a cause of most social ills, but individual behaviour is of limited value in explaining the extent of poverty in Scotland. The key drivers are inequality, low pay, inadequate benefits, poor-quality work opportunities and lack of support for those with caring responsibilities, ill health or those affected by disability. A lack of money leads to the threat of falling into debt, choosing between necessities, going without basics, frequently being caught up in a cycle of dead-end jobs and being unable to save. For children, it means, for example, having less access to safe play spaces and being less likely to participate in arts and drama, sport or other outdoor activities.

While financial inclusion policies have led to significant improvements since 2007 and access to basic financial products, one third of households with incomes of less than £20,000 still have no savings. Those households are also less likely to have the means to participate fully in society more generally. Over half, for example, still have no internet access or car available to them. What is more, they are far more likely to be living in fuel poverty, spending a disproportionate level of already inadequate income on basic— [Interruption.]

Oral Answers to Questions

Brian H. Donohoe Excerpts

Wednesday 9th November 2011 Commons Chamber

[David Mundell]

Absolutely not. At this time, when the United Kingdom faces its greatest ever danger from separatists, the Scotland Office is a bulwark against independence.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

Is that what is called cutting the Department to the bone? Will the Minister name all the staff of his Department? I remember telling a previous Secretary of State that it must be the only empire in the whole of Westminster where the Secretary of State is able to name all his staff: can he?

[David Mundell]

I pay tribute to the staff of the Scotland Office. With a small number of staff, we have pursued the Scotland Bill, a very significant measure, through this House and into the other place. The Scotland Office has a key role to play as we move forward in preserving Scotland’s place in the United Kingdom.

Oral Answers to Questions

Brian H. Donohoe Excerpts

Wednesday 14th September 2011 Commons Chamber

[Michael Moore]

I am always happy to look at these cases and provide support as necessary. My right hon. Friend is absolutely right to say that this is an important step forward for the highlands and islands. I hope that the Scottish Government will reflect carefully on what he and others have been saying.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

Yesterday I had an Adjournment debate in Westminster Hall on fuel duty. Is the Secretary of State aware that the duty is then subject to tax by VAT?

[Michael Moore]

I think that everybody in the House is aware of the realities of fuel taxation. I am therefore sure that the hon. Gentleman was welcoming the fact that in our Budget earlier this year we reduced fuel duty rather than increasing it in the way the previous Government had planned. This question gives me the opportunity to remind the House that we have made further progress in the derogation for highlands and islands fuel prices, which is very welcome news indeed, so that we can get a reduction in fuel duty in the islands.

Oral Answers to Questions

Brian H. Donohoe Excerpts

Wednesday 22nd June 2011 Commons Chamber

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

14. What assessment he has made of the outcomes of his recent visit to Central Ayrshire.

[The Secretary of State for Scotland (Michael Moore)]

The seminar I hosted in Irvine last month discussed how to tackle the high level of youth unemployment in Ayrshire. The Scotland Office is working with key partners such as Jobcentre Plus to focus resources on the most challenging areas identified at the seminar. We look forward to working with the Scottish Government on this complex issue.

[Mr Donohoe]

I thank the Secretary of State for that answer. One of the areas of major concern identified at the seminar was the high unemployment among those aged between 16 and 18, which seemed to have slipped off the radar. It was the Secretary of State for Work and Pensions, who was present at the meeting, who made that very important point. What is the situation, what assessment has been made by the Secretary of State for Scotland and what is going to be done about that issue?

[Michael Moore]

First, may I thank the hon. Gentleman for his full participation in the seminar? It was the first in a series that we will hold across Scotland to tackle a deep-rooted problem, not just in Ayrshire but elsewhere, that has defied Governments through the ages. He rightly points out that my right hon. Friend was at that seminar; we continue to discuss the serious challenges in relation to youth employment and I will be happy to discuss those further with the hon. Gentleman in due course.

Oral Answers to Questions

Brian H. Donohoe Excerpts

Wednesday 4th May 2011 Commons Chamber

[Mr Speaker]

I call Rosie Cooper to ask Question 4. She is not here.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

5. By what date he expects the level of unemployment in Scotland to begin to reduce.

[Nic Dakin (Scunthorpe) (Lab)]

6. What steps he is taking to reduce the level of unemployment in Scotland.

--- Later in debate ---

[The Secretary of State for Scotland (Michael Moore)]

Unemployment has fallen steadily since August 2010 and employment has increased in the same period. This is a welcome sign. Supporting companies to create and sustain jobs and helping people into work are key priorities for the Government. On 19 May I am hosting a seminar in north Ayrshire, in the constituency of the hon. Member for Central Ayrshire (Mr Donohoe), on youth unemployment, and my right hon. Friend the Secretary of State for Work and Pensions will join me at this important event.

[Mr Donohoe]

I look forward to our meeting on 19 May. On a another matter concerning unemployment, does the Secretary of State think that the separation of Scotland from the rest of the UK would help or hinder employment prospects for people in Scotland?

[Michael Moore]

It would be an absolute disaster for Scotland to separate from the rest of the United Kingdom. It is interesting that even the Scottish National party appears to recognise that, because it is not campaigning very hard on the subject.

Scotland Bill

Brian H. Donohoe Excerpts

Tuesday 15th March 2011 Commons Chamber

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

Let me continue where we left off yesterday in discussing new clauses 1 and 2, particularly the question of first past the post being the fairer system—

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

Will the hon. Gentleman give way?

[Mr Donohoe]

I will give way when I have developed my argument one stage further than when I left off. An important aspect of this is that first past the post is the system that is best understood by the electorate—indeed, I would argue, it is almost the only system that is understood by the electorate.

[Mr MacNeil]

I think that if the hon. Gentleman looks at yesterday’s Hansard, he will find that we finished where I left off. At 10 pm last night, I was about to ask him what he had against the good people of the Western Isles in wanting to give them only one Member, with every other constituency getting two.

[Mr Donohoe]

I have always thought that the Member who looks after sheep should be able to count. If he could count, he would know that there are not that many people in the electorate of the Western Isles. In those circumstances, I thought it only fair that there should be just the one Member. As I said previously, there would be one Member for Orkney and one Member for Shetland. That would mean that there would be 118 Members of the Scottish Parliament, all elected on the basis of first past the post. If the hon. Gentleman tells me that I have got the figures wrong, perhaps I need to go back to school to do a bit of arithmetic, but I can tell him that I was one of the brightest children in the school at arithmetic; indeed, I got 100% on many occasions.

However, perhaps one area where I was not very strong was dates, because earlier in the debate I said to the hon. Gentleman that the Scottish elections were on 3 May whereas—he should have corrected me—they are on 5 May.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

Is it the case that the school my hon. Friend attended was so good that it was approved?

[Mr Donohoe]

It was so good that it was known as Irvine Royal Academy. Anyway, we will move on very quickly from that point.

[Mr Alan Reid (Argyll and Bute) (LD)]

rose—

[Mr Donohoe]

I am sure I can give way to the hon. Gentleman as well.

[Mr Reid]

According to Hansard, just before the hon. Gentleman sat down last night, he said that there would be 119 Members of the Scottish Parliament. He just said that there would be 118. My understanding is that all 59 constituencies, apart from the Western Isles, would have two Members, and that the Western Isles would get one. I think that that makes 117.

[Mr Donohoe]

I think that we are wandering into maths rather than arithmetic, but the hon. Gentleman is absolutely right. Of course, that would be a saving to the public purse, which is very important. Perhaps one could call it a Freudian slip. I have come to the conclusion that he is right and that the number should indeed be 117, and not 119 as I suggested.

Moving swiftly on—

[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

rose—

[Mr Donohoe]

I do not think I am going to be allowed to move on swiftly.

[Mark Lazarowicz]

Surely with the passage of the Parliamentary Voting System and Constituencies Bill, which will reduce the number of parliamentary constituencies, the correct figure would in fact be 103.

[Mr Donohoe]

If the hon. Gentleman intervenes again to give me some understanding of that point, I might be able to accede to it.

[The Parliamentary Under-Secretary of State for Scotland (David Mundell)]

rose—

[Mr Donohoe]

Oh, there we are. The Minister is now popping up.

[David Mundell]

Perhaps I might help the hon. Gentleman. My calculation is that there would be 101 Members. After the passage of the Parliamentary Voting System and Constituencies Bill, there will be 52 constituencies in Scotland. If each had two Members, there would be 104. However, there are three constituencies that he feels should have only one Member, although my reading of new clause 1 is that people would still have two votes. There would therefore be 101 Members in the new Scottish Parliament. Does he think that that would be sufficient to conduct the Parliament’s business?

[Mr Donohoe]

The Minister has made my point very well in relation to making savings, which is the next point that I want to make progress on, if I may.

[Mr Mike Weir (Angus) (SNP)]

Will the hon. Gentleman give way?

[Mr Donohoe]

Of course I give way to the hon. Gentleman.

[Mr Weir]

Will the hon. Gentleman clarify whether he is talking about Westminster Parliament constituencies or Scottish Parliament constituencies, because the numbers are different? There are 59 Scottish Parliament constituencies, but once the Parliamentary Voting System and Constituencies Bill has been passed there will be only 52 Scottish constituencies for the Westminster Parliament.

[Mr Donohoe]

That is common sense, if I may say so. When I made the calculation to put together my submission to Calman, we did not have this nonsense of reducing the number of MPs in this place. That idea is patently stupid in Scotland. The hon. Member for Caithness, Sutherland and Easter Ross (John Thurso), who is present, will know that the area he represents will become even more enormous under these calculations than it is. Perhaps the Independent Parliamentary Standards Authority should visit him to check out what his expenses should be in those circumstances. However, I digress somewhat.

I shall return to the issue of savings and first past the post. It is clear from this debate that there is a case to be made for this idea. It is clear from the number of public representatives on the London assembly that there can be adequate government for a population double the size of Scotland’s with some 30 members. Given the responsibilities in London, one would presume that it was possible to run the Scottish Government with the numbers that I propose.

[Mr MacNeil]

The hon. Gentleman wants to reduce the number of parliamentary representatives from Scotland. Will he lead by example and suggest that Scotland no longer needs to send any MPs to Westminster, because Scotland should be independent and all powers pertaining to Scotland should be moved from Westminster back to Scotland?

[Mr Donohoe]

The first people who could go in these circumstances are, of course, the nats. That would be very useful. I am surprised that only four of their six Members are here today. However, looking at the Labour Benches, perhaps I should not argue that point too forcefully.

To return to my serious argument, first past the post is the most sensible system on the basis of turnout. If we look at the turnout at elections—today I had the good fortune of having the Library do so—we see that there is no doubt that we, as a group, need to reconnect with the public. It is highly probable that we will go below 50% turnout at this year’s Scottish elections. In the 2007 election, the turnout was just above 52%. In the election to the Westminster Parliament last year, the figure was just under 64%. On that basis, we should consider the matter seriously.

--- Later in debate ---

[Mr Greg Knight (East Yorkshire) (Con)]

Is the hon. Gentleman therefore arguing in favour of a system rather like the Australians have, in which people are fined if they do not exercise their right to vote?

[Mr Donohoe]

I am grateful for the intervention, but I disagree with the idea of compulsory voting and fines. I have been to Australia to examine the system, and it just does not work as it should, so I would not advocate it. In Africa, however, people queue for weeks before an election to cast their vote, and we should have some of that attitude in this country. I do not think we will ever get it unless we reconnect with the public, and certainly not if we continue to have list Members north of the border.

That brings me neatly to new clause 2. If there is to be no change to the voting system, we have to consider the role of the list Members in the Scottish Parliament. We must seriously consider withdrawing the funding that is currently available to them, which allows them to come into constituencies to cherry-pick and cause mayhem.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

Does my hon. Friend share my concern, which has been a consistent concern in Scotland, that at various times list Members appear to have promoted themselves as constituency Members? Does he agree that that must be tackled as a matter of priority? Does he further understand that in the spirit of the Scottish Parliament rules, it was anticipated that regional list Members would notify constituency Members whenever they took up casework? In my almost 12 years as an MSP, it was very rare—

[The Chairman]

Order. I know that this debate is very important, but may we have shorter interventions?

[Mr Donohoe]

There is no one in the House who knows the system north of the border better than my hon. Friend, because she was an MSP, and still is until, I think, the 24th of this month.

[Cathy Jamieson]

The 22nd.

[Mr Donohoe]

I was two out again. I am not doing so well in that sense.

[Graeme Morrice (Livingston) (Lab)]

Following on from the point made by my hon. Friend the Member for Kilmarnock and Loudoun (Cathy Jamieson), is my hon. Friend the Member for Central Ayrshire (Mr Donohoe) aware of the recent case in which a regional list MSP for Central Scotland was claiming to be almost a constituency MSP for Airdrie and Shotts, to the extent that he had surgery posters with “Airdrie and Shotts” on them? The regional area that he covers is, of course, much larger. I suspect that it was done for electoral reasons, with his being the SNP candidate for the Airdrie and Shotts Scottish parliamentary constituency.

[Mr Donohoe]

Of course I agree with my hon. Friend, and I shall return to that point.

[Fiona O'Donnell (East Lothian) (Lab)]

I can tell my hon. Friend that I barely slept last night waiting to make this intervention. Will he at least acknowledge that the current system came about as a result of a consultative process—the Scottish Constitutional Convention—which the Committee should respect?

--- Later in debate ---

[Mr Donohoe]

My hon. Friend may not have slept last night, but what does she think of the fact that I have had to come back here to continue this debate? I will come back to her point later.

[Mark Lazarowicz]

I disagree with much of what my hon. Friend said yesterday and today, but I concede his point on the role of list MSPs. One list MSP in my area just produced her annual report. By some amazing coincidence, almost every single example of her local work over the last year happens to be from the constituency where she is standing as a constituency candidate.

[Mr Donohoe]

On the basis of conversations with other hon. Members, there is universal agreement that something is fundamentally wrong with that aspect of list Members. Even a previous Presiding Officer has made that point on numerous occasions in the Scottish Parliament. That is a pertinent issue and it must be given serious consideration, which is why I have proposed new clause 2, which would withdraw funding. Withdrawing the funding available to added list Members would lead to significant savings for the Scottish Parliament. If my arithmetic is correct, there are 56 added list MSPs, given that 73 MSPs are elected for constituencies—I believe my figures are right on this occasion.

[Mr Mark Field (Cities of London and Westminster) (Con)]

Does the hon. Gentleman share my concern that, fundamentally, list Members are representatives only of their parties? In new clauses 1 and 2, he is seeking to reconnect MSPs with constituents. Under the first-past-the-post system, MSPs must recognise that they represent each and every one of their constituents, including—and in many ways more importantly—those who did not vote for them, which is in stark contrast to list Members.

[Mr Donohoe]

I agree entirely with the hon. Gentleman, who is my MP, as he knows. I came into Parliament thinking that I was a Labour MP, but over the years I have come to understand that I represent not just Labour voters but 100% of my constituents, including those who vote and those who do not vote. I have always taken that view. The hon. Gentleman makes a good intervention, and I am grateful for it, but I do not know what it has to do with the subject in hand.

If one accepts that list Members are not to make representations on behalf of individual constituents, the question is why do they advertise constituency surgeries? On one occasion, such a Member, who will remain nameless, advertised a surgery in my constituency. I was not very pleased, so I decided to look through all the files in my office—some 2,500 files—for some awkward cases. I decided I would phone those awkward cases and tell them that this individual was having a surgery in Irvine, and that they should attend because he made such a good MSP. Seventeen people trooped to his surgery, and he never did a surgery in Irvine again. That is the practical way to overcome the problem of added list Members in the Scottish Parliament. If anyone wants a wee bit of encouragement to do likewise, I am more than happy to oblige.

[Mr MacNeil]

I was wondering whether the awkward cases had already been sent to the hon. Gentleman.

--- Later in debate ---

[Mr Donohoe]

No, I already had the awkward cases and knew all about them. Every single Member in this place—even those who came in last year—will be well aware of the cases that they would like to palm off. It might be that we could find a role for those list Members and send them all over the UK to take up these awkward cases. I might be one of those who would advocate that—but not today, because we are here to debate new clauses 1 and 2.

My final point concerns what happens when a list Member dies in office. Of course, that is unfair on the individual, although they would no longer worry about it; but there is also an unfairness in the system, as we have seen—believe it or not—in Ayrshire: a Member of the Scottish Parliament resigned and a member of the constituency party was put in their place, but that Labour member was not elected and a Tory took their place. Had it been a list Member who resigned, however, under the list system the next person on the list would have been appointed as a Member of the Scottish Parliament.

[Cathy Jamieson]

To clarify, does my hon. Friend agree that it makes no sense that everything else in the Scottish Parliament is done by proportionality and d’Hondt? This is the one area where that does not seem to apply.

[Mr Donohoe]

That is a discussion for another day, but it is a very pertinent point—and one that a lot of people do not understand. A lot of people do not understand this crazy list system. As I have said, if a constituency Member resigns, a by-election is triggered, and whatever happens the democratic process takes place. However, if a list Member dies, retires or resigns, they are replaced by somebody on the list, which is absolutely outrageous. The Labour party is concerned to have a gender balance, but this system destroys that possibility.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

My hon. Friend is making a compelling and fascinating case. He might be aware that when the Minister moved to Westminster, his replacement was simply appointed by the Tory apparatchiks without any democratic mandate.

[Mr Donohoe]

I am sure that the Minister can speak for himself and tell us why he thinks that this aspect of the list system is fair. I shall wait to see whether he has a contribution to make on that point.

[Mr Mark Field]

The same point applies to the London assembly, and it is slightly more serious even than he has pointed out. Certain roles, such as being a member of the London assembly, disbar a person from holding a dual mandate in Parliament. As the hon. Gentleman rightly says, however, for list members of the London assembly, that change can take place without any difficulty, but for a first-past-the-post elected member—one of the 14 of the 25 in that category—there needs to be a separate election. I agree that it is a fundamental stupidity of the system that needs urgent reform, but it is not exclusively an issue for the Scottish Parliament.

[Mr Donohoe]

I am extremely grateful to my Member of Parliament for raising that point. Of course it is a serious point and it has to be addressed, because it causes dissent and demonstrates that the list system in Scotland does not—and will not—work, and is not seen as fair.

[Fiona O'Donnell]

I thank my hon. Friend for being so generous in giving way. I know that he would never be partisan, but surely he can see the benefit for the thousands of people in the highlands and islands region who vote for Labour candidates, and who, thanks to the system, have three excellent candidates in Peter Peacock, Rhoda Grant and David Stewart.

[Mr Donohoe]

Well, I got one out of three, so I did not do too badly. I bet that if I asked the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) to name his seven list Members—or even the 24 in my constituency—he would be lucky to name three of them. But I will give way, if he is going to reel them off. [Interruption.] He has it on his website! That is a bit of a cheat, would you not say, Mr Hoyle? Anyway, I am coming to the end of my contribution, you will be glad to know.

[Stewart Hosie (Dundee East) (SNP)]

I am sorry that I was not in my place for the start of the hon. Gentleman’s contribution, but I have been following most of it. I am unhappy about Members of the Scottish Parliament being named when they are not here to defend themselves. As for the three people mentioned by the hon. Member for East Lothian (Fiona O'Donnell), will the hon. Gentleman tell us whether one, two or all three of them as list members also intend to stand in the first-past-the-post election? If so, that would pose a very interesting question.

[Mr Donohoe]

The hon. Gentleman raises a pertinent point—one that my individual constituency voted on and came to a unanimous decision. I stress that this is on the basis of a vote only in my own constituency, but not a single person in the constituency party was in support of any added list members also standing for a particular constituency. I mentioned that earlier when I spoke about a person who came fourth in the first-past-the post election in my constituency finding herself in Parliament. That does not make sense, and I doubt whether the hon. Gentleman would say that it made sense.

Let me conclude. This is an important subject for the chattering classes, but it is not very important to the great bulk of people in Scotland—or, for that matter, anywhere in the United Kingdom. One thing is certain: electoral systems do not put food in bairns’ stomachs or jobs into the homes of people who most need them in order to put that food in bairns’ stomachs. I suggest that it is therefore more important for us to argue against and probe Ministers daily on the state of the economy. However, we are where we are; and we are debating what we are. That is why I thought it right to table these two new clauses for debate.

I want fairness: it is something I came into politics for. I have always believed in fairness and I believe there is no doubt, as conceded in this debate, that there is no accountability for these list members. My two new clauses thus have considerable merit, but I shall listen carefully to how the debate continues.

--- Later in debate ---

[Mr Reid]

The hon. Gentleman has made a good point.

[Mr Donohoe]

I am going to have to accuse the hon. Member for Argyll and Bute (Mr Reid) of cherry-picking. He has read only part of my new clause. His problem can be solved by paragraph (b) of the new section (4A) proposed in subsection (6), which requires provision for

“the two candidates with the most valid votes to be elected in such constituencies.”

[Mr Reid]

Exactly. The two candidates with the most votes are the first two past the post. That is not first past the post. I think that the hon. Gentleman is signalling “two” to me. I will assume that that is what his gesture means, Mr Hoyle.

--- Later in debate ---

[Mr Reid]

Yes, but some people might not vote for party tickets. This system is used in English local government elections, and it is very uncommon for the first two candidates to get exactly the same number of votes. One will finish first, and another will finish second, and sometimes where there is a close result candidates from different parties get elected.

[Mr Donohoe]

Even under the first-two-past-the-post system, it is highly possible that if a party candidate is unpopular for any reason, the electorate will choose one candidate from one party and another from a different party.

[Mr Reid]

Yes, that is possible, but there would still be two people elected, and the hon. Gentleman objected to having more than one person representing a constituency. He expressed objections about regional list Members holding surgeries in his constituency, but under the system he proposes there will be two people representing every constituency, so there are the same possibilities for disagreements and people duplicating casework. I find it illogical that the hon. Gentleman extols the virtues of first past the post, but proposes a different system.

The first-past-the-post or the first-two-past-the-post system could be very unfair. In the last Scottish Parliament election, the SNP got the most votes, and it rightly got the most seats. Let us consider what would have happened if we had adopted first past the post, however. In the constituency section, the SNP got 33% of the vote and Labour got 32%, but Labour won more than half the first-past-the-post seats—37 out of the 73 seats. Therefore, if we had purely been using a first-past-the-post system, even though the SNP was the clear winner of the election, the next morning we would have found we had a Labour Government with an overall majority, having more than half the seats.

--- Later in debate ---

[Mr Reid]

The SNP won because the election was fought on a fair set of rules—I hope that the hon. Gentleman will give the Liberal Democrats credit for participating in the Constitutional Convention and arguing and negotiating with the Labour party to get a proportional system. If his party had not gone off in a huff and had instead taken part in the Constitutional Convention, we might have got an even better system. He should be thanking the Liberal Democrats for the efforts we made.

The hon. Member for Central Ayrshire was arguing that one of the flaws with the current system relates to the number of MSPs who can turn up at health board meetings in Ayrshire and Arran—he cited a figure of 24. We have had arithmetical disputes before, but I calculate that 26 MSPs could attend. I have good news for him because the Boundary Commission has drawn up the new boundaries for the next elections and only 19 MSPs will be able to turn up to those meetings. However, he does have a point, and if he looks at the Arbuthnott report, he will find where a solution lies.

Sir John Arbuthnott’s report was set up by the previous Government to examine the problems of non-coterminosity. He proposed that we should make the regional list boundaries natural boundaries, rather than have the current unnatural boundaries. So, for example, the whole of Ayrshire would be covered by one regional list. There was a lot to be said for Sir John’s report. I did not agree with every part of the detail, but it was a pity that the previous Government did not take it more seriously. Importantly, the Arbuthnott commission said that when the overall result is proportional, it is less important that individual constituencies and individual regional lists all have the same number of electors than it is in a first-past-the-post system. As the final result will be proportional, it is less important for each constituency and list to be the same size. It would, thus, be better if the regional list boundaries for Scottish Parliament elections were drawn up first and constituencies were then fitted within the regional lists. That would allow us to get regional lists that are much closer to natural boundaries than the current system does.

[Mr Donohoe]

Will the hon. Gentleman concede that the biggest problem, in a party sense, of not having coterminous boundaries is that there is no accountability in respect of the list members, and that cannot be overcome on the basis of what he has just proposed?

[Mr Reid]

If the boundaries for the lists were natural ones, we would have much more accountability. For example, Ayrshire could be put with Dumfries and Galloway to form one regional list and we could, thus, have a much more natural boundary in south-west Scotland than we have at the moment.

--- Later in debate ---

[Pete Wishart]

We are having a few difficulties with trains in this Committee. First there was the Caledonian sleeper and now there is this train to Oban. I will, of course, apologise to the hon. Member for Central Ayrshire. I say to him: “Take the train to Glasgow for goodness’ sake, but whatever you do, take that train, because we need to know the settled will of the Labour party in all this.” I suspect that the sentiment and views expressed by the hon. Gentleman are gaining currency in the Labour party—

[Mr Donohoe]

And in the Tory party.

[Pete Wishart]

He says that—

--- Later in debate ---

[Mr Donohoe]

I shall try to be as quick as possible. I did not touch on this in my speech, but does not the list Member have to notify the constituency Member before they come in on a case or make notification of it? In the 12 years of the Scottish Parliament, in Ayrshire there has not been a single case brought to the attention of a constituency Member.

[Pete Wishart]

The hon. Gentleman will have had his own experiences with these issues.

An hon. Member has pointed out that there have been problems with list Members on a couple of occasions, but I am surprised that it is only a couple of occasions. List Members seem to co-exist with first-past-the-post Members on reasonably good terms. I recognise a number of issues and problems that have been identified by a number of Members.

--- Later in debate ---

[Pete Wishart]

It seems that the hon. Gentleman feels it necessary to name others who cannot defend themselves in this House.

As I said, I am astounded that there have been so few such issues. That case is probably notable because it has happened so rarely. First-past-the-post Members have co-existed with regional Members in a friendly and consensual way. That is a feature of the Scottish Parliament that will continue.

The hon. Member for Livingston (Graeme Morrice) is right. There are difficulties identifying Members of the Scottish Parliament. I find it difficult to recognise first-past-the-post Labour Members in the Scottish Parliament, particularly those on the Front Bench, and I think the Scottish people have great difficulty recognising a number of them, too.

[Mr Donohoe]

Name the MSPs.

[Pete Wishart]

I will name one MSP with lofty ambitions. He has the ambition to be the First Minister of Scotland. When he went out there, we found that 50% of the Scottish people did not recognise him, and another 33% just did not like him.

--- Later in debate ---

[Mark Lazarowicz]

I am sure that you will be pleased to hear that I intend to address the new clause, Mr Hoyle.

I want to put the case against what my hon. Friend the Member for Central Ayrshire (Mr Donohoe) has proposed, and to put the case for a system of proportional representation for the Scottish Parliament. The current system should be retained. We could have an interesting academic argument about whether to have the additional Member system or a different form of PR, but AMS is the proportional system that we have now in the Scottish Parliament, and I want to defend that system. Overall, it has worked well, and it should be retained in the interests of Scotland.

The first argument in favour of that system—or, indeed, any system of PR for the Scottish Parliament—is about fairness. I agree with the hon. Member for Argyll and Bute (Mr Reid) on that. Some people seem to take the view that fairness is a luxury for politicians. I do not accept that—fairness is something that we should all be concerned about. Any system in which the seats that one party wins can be grossly disproportionate to the votes that it gets is an unfair system. We have seen some of those distorting effects at the UK level, but at the Scottish level the first-past-the-post system could have much more disproportionate effects, precisely because of the multi-party system in Scotland. We have four parties in Scotland which, according to the opinion polls, get 6% or more of the vote—if we were to add the Lib Dems and their 5%, we would have a five-party system. With that breakdown between the parties, it would be quite feasible for a party with just 30% of the vote to get an absolute majority in the Scottish Parliament. Whatever our perspective might be, that cannot be justified or defended.

Some of my right hon. and hon. Friends take the view that because—as they believe—Labour tends to gain under that disproportionate system, we should support first past the post against any form of proportional representation. However, I do not accept that first past the post always benefits the Labour party. I am old enough to remember the 18 years of Conservative Government, when the Conservatives, never with the majority of the votes cast, nevertheless had a majority of the seats in Westminster, and sometimes a very large majority, so Labour does not always gain from the first-past-the-post system.

It would also be dangerous for my Labour colleagues or anyone else to assume that first past the post would always benefit Labour in Scotland. As the Liberal Democrats have discovered, no party can assume that its recent levels of support will be maintained indefinitely. Parties go up and down, and we cannot necessarily assume that if the Scottish Parliament had first past the post but no regional list system, the constituency votes in the last parliamentary elections would have been the same, because people might have chosen to vote differently if they had had only one vote instead of two. We cannot assume that Labour would always win an overall majority in the Scottish Parliament under first past the post.

[Mr Donohoe]

Does my hon. Friend understand that the last time the Liberals were in power, which was in 1921, they were opposed to any form of proportional representation and voted in this place for the system that we have today?

[Mark Lazarowicz]

Indeed. One thing that my hon. Friend and I share on this issue is consistency. He has been consistent in his opposition to PR; I have been consistent in my support for it, so at least we share something in this debate, unlike the Liberal Democrats.

No party can assume that it knows what the vote will be in five, 10, 15 or 20 years’ time, but the attraction—as my hon. Friends and others see it—of first past the post might diminish dramatically if, let us say, the Scottish National party at some stage got 35% of the votes in the Scottish parliamentary elections under that system. That could quite easily give it an absolute majority of seats, which no doubt the SNP would claim as a mandate for independence. Those who suggest that first past the post will always benefit Labour, or any other party, are making a serious mistake if they maintain that position.

--- Later in debate ---

[David Mundell]

Well, I find it—

[Mr Donohoe]

May I make it perfectly clear that I am opposed to the position referred to by the hon. Member for Dundee East (Stewart Hosie), as is my constituency party and as are many other constituency parties across Scotland?

[David Mundell]

I fully take on board what the hon. Gentleman says, and I praise his consistency on this issue, but others who have been critical of the regional list system now want to use it to save their political careers, and I regard that as hypocrisy.

--- Later in debate ---

[David Mundell]

Thank you, Ms Primarolo. I will take on board what you say and, as ever, I note the hon. Gentleman’s comments. Some of what he said in his contribution was helpful, in that there is an acceptance, following the Arbuthnott commission’s report, that some form of review of electoral systems in Scotland is required. The Arbuthnott commission suggested that that should take place post-2011, and the Government share that view.

[Mr Donohoe]

I am sure that the Minister will concede that nothing I am proposing today would come into effect until after this year’s elections.

[David Mundell]

The hon. Gentleman has proposed a very specific change to the electoral system for the Scottish Parliament. It would mean that two Members would be elected from each constituency other than the three constituencies that have been identified. Although it seems to suggest that everyone would have two votes in those three constituencies, the new clause does not appear to show what would happen to the second of their votes. He has set out his intentions in this debate, but the provisions are technically defective. However, I advise him, and the Opposition Members who have expressed clear views about how they would change the electoral system for the Scottish Parliament, to take part in any review that is forthcoming on the nature of that electoral system. That is one basis on which the Government reject the new clauses.

--- Later in debate ---

[David Mundell]

I welcome the hon. Gentleman’s analysis, but I do not think it stands up to legal scrutiny in that regard.

[Mr Donohoe]

Can the Minister just tell me why? I have read that provision at some length and I am clearly of the opinion that it covers the points that he says it does not.

[David Mundell]

The interpretation of that provision is that people in the Western Isles, Orkney or Shetland could still have two votes.

[Mr Donohoe]

No.

[David Mundell]

That is a clear possible interpretation of that provision. The hon. Gentleman is better advised making his case not on the technicalities of the wording, but on his strong beliefs about this issue.

On new clause 2, I have made clear the Government’s view that it is a matter for the Scottish Parliament to regulate the conduct of its Members and the relationships between list and constituency Members. On that basis, we cannot accept the new clause.

[Mr Donohoe]

On the basis of what has just been said, I am almost of a mind to press the new clause to a vote.

Let me make some points to sum up. I would argue that this has been one of the better debates on the Bill that we have had across the piece. It has at times been humorous and it has been good-humoured, which is unusual in some respects. It has also at times been useful and interesting to be able to draw out some of my long-held points of view. I am conscious that in these circumstances—given that this debate is just the beginning—we should withdraw our proposal, and so I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 3

Maritime policy

‘(1) The Scotland Act 1998 is amended as follows.

(2) In Schedule 5, section E3, leave out—

(a) the Coastguard Act 1925”.

(3) After section 90 insert section 90A as follows—

“Maritime and Coastguard Agency (Scotland)

90A (1) The Maritime and Coastguard Agency is to be treated as a Cross-Border Public Authority for the purposes of sections 88 to 90.

(2) The funding, operation and planning authority of Maritime and Coastguard Agency facilities in Scotland shall reside with the Scottish Government and the appropriate Scottish Minister.

(3) These parts of the Maritime and Coastguard Agency which are the responsibility of Scottish Government shall be known as the Maritime and Coastguard Agency (Scotland).

(4) The Maritime and Coastguard Agency (Scotland) will be responsible for maintaining and upholding domestic and international laws and obligations in the Scottish Waters.

(5) For the purposes of this section, the Scottish Waters are as defined by the Scottish Adjacent Waters Boundary Order 1999.”.’.—(Mr MacNeil.)

Brought up, and read the First time.

[Mr MacNeil]

I beg to move, That the clause be read a Second time.

Oral Answers to Questions

Brian H. Donohoe Excerpts

Wednesday 9th March 2011 Commons Chamber

[Michael Moore]

The hon. Lady is right to highlight the issue of youth unemployment, which is a key priority for the Government. Again, it is something that rose significantly throughout her time in office, and it needs to be tackled very seriously. We have already introduced elements of the Get Britain Working programme, the work clubs and the Working Together programme, and the Work programme will come along in the summer. We look forward to debating that further with her.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

5. When he expects next to discuss with ministerial colleagues trends in the level of youth unemployment in Scotland.

[The Secretary of State for Scotland (Michael Moore)]

The Government are determined to deal with the long-term legacy of youth unemployment, and this is a key priority in my discussions with ministerial colleagues. Our Get Britain Working measures and the new Work programme will provide the best possible support for young people struggling to find employment.

[Mr Donohoe]

I thank the Secretary of State for that answer. He will be aware, however, that levels of unemployment among the 18-to-24 age group have soared over the past few months. As a result, in north Ayrshire in particular, we have the highest levels of youth unemployment. What is he going to do about that?

[Michael Moore]

First, I commend the hon. Gentleman for his consistent campaigning on this issue, which is a very significant one in his part of the world. However, I think that he would also acknowledge the point that I made to the hon. Member for Glasgow North (Ann McKechin) a moment ago—that youth unemployment has been a serious problem for a long period. I discussed the issue with the Work and Pensions Secretary only last night. As I have said to the hon. Gentleman previously, I look forward to convening a meeting in his constituency where we will discuss all these issues with the relevant individuals and organisations from across Scotland. I look forward to his being part of that event.

--- Later in debate ---

[The Prime Minister]

My hon. Friend will have spoken for many people in their reaction to that court case. It is difficult unless we are sitting in the court and making that decision ourselves, but many of us look at such cases and feel that as a country we should be making a stronger statement that that sort of behaviour is completely out of order and has no place in a tolerant society.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

Q14. May I take the Prime Minister back to the question on AV, and ask him to look at early-day motion 1550 tabled yesterday, which challenges the funding from the Electoral Reform Society? As, like me, he is a firm supporter of first past the post, will he look at that and write to me afterwards to tell me that there will be an investigation?

[The Prime Minister]

I have to admit that I have not got round to early-day motion 1550, but it sounds as if I should. We have been looking for all these years for something for the hon. Gentleman and I to agree about, and it is a delight to have this issue. I think some people will be surprised to find that what they thought was an organisation running elections is funding a campaign, but in the interests of coalition unity, I will leave it at that.

Scotland Bill

Brian H. Donohoe Excerpts

Monday 7th March 2011 Commons Chamber

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

Why, therefore, have the hon. Gentleman’s colleagues north of the border in his Scottish Parliament not processed the whole question of having a referendum on what he is talking about?

[Pete Wishart]

Actually, I have had a look at the calendar, and I see that there is to be an election in about eight short weeks’ time, when these very issues will be debated and voted on. I also foresee a groundswell of support for the position I am advocating and a diminution in support for the hon. Gentleman’s position.

Through our amendment, we intend to fulfil the general drift and thrust of the Gould report recommendations, and to implement what has already been established in the major recommendation of the Calman commission report, which comes close to what the Scottish Parliament’s Scotland Bill Committee is proposing. The amendment also puts the voter at the heart of the process, because that is what is required. The interests of the voters come first, and they were short-changed and badly let down by what happened four years ago. Radical work was required in order to address that, and thank goodness we have the work and recommendations of Ron Gould.

I see no good reason why Westminster should remain in charge of Scottish elections; I see only the predictable knee-jerk response that this place needs to have some sort of say and role in Scottish elections. To devolve not even all the administration of Scottish elections, as was suggested by Calman, is bewildering and contrary to everything proposed. The Scottish Parliament’s Bill Committee is now saying that the devolution of administrative functions is not good enough and the Secretary of State needs to look at this again. The Committee went even further and said that before we even implement clauses 1 and 3 the Scottish Parliament and Scottish Government should be consulted and we would review this once again. It also raised many of the Electoral Commission’s concerns in respect of the electoral management board—that is currently going through the Scottish Parliament.

For all those reasons, I ask the Minister to re-examine this clause to see what can be done. Let us have a proper debate about what the will of the Scottish Parliament’s Bill Committee is and what Calman intends in all this. Let us give proper constructive consideration to ensuring that all arrangements to do with elections, be they about electoral administration or legislative competence, can be moved to the Scottish Parliament. I ask hon. Members to support new clause 5.

--- Later in debate ---

[Mr Donohoe]

I wonder whether returning officers would be so keen on that if they were to forgo their wage for the election if it was to be held during office hours.

[Mrs McGuire]

Knowing my hon. Friend’s grasp of the political minutiae of local government and returning officers, I am sure there is deep insight in those comments, but I am not quite sure what it is at the moment—unless he wants to explain his point in a way that I might understand.

[Mr Donohoe]

I thank my right hon. Friend for giving way again. If returning officers are going to work office hours to do the count, rather than overnight, they should not get any additional money. In those circumstances, perhaps we would save money if we moved the count.

[Mrs McGuire]

I understand now exactly where my hon. Friend is coming from, and I am sure that he would never have put forward that argument when he was a full-time officer of the National and Local Government Officers Association, but I will let that one stick to the wall.

There are all sorts of reasons why we should insist on an overnight count. Sometimes, we say that there is disillusionment in politics, but one area of excitement, even if it is only mini-excitement, is in waiting for the overnight count, and that is not just for apparatchiks and anoraks such as ourselves in the House. I think you would be amazed, Ms Primarolo, how many people like to listen and wait for election results to come in. Indeed, the figures show that.