Referendum on Scottish Independence

Colin Clark Excerpts

Monday 13th November 2017 Westminster Hall

[Colin Clark (Gordon) (Con)]

It is a pleasure to serve under your chairmanship, Sir Roger. This debate is about a second independence referendum, but rather than go over the same territory as other hon. Members, I will consider the legitimacy of referendums.

Referendums have risen to prominence in the United Kingdom only recently. Constitutionally speaking, they are a relative innovation. The first nationwide referendum took place in 1975, and to date there have only been three. It is well established that the UK is without a fully codified constitution; our constitution has been described as the most flexible policy in existence. The fluid nature of our system means that the place for a referendum can be difficult to nail down.

From analysing past referendums, it can be said that they are inherently political by nature. The purpose of a referendum is to settle a political stalemate that needs to be taken to the general public for a final decision. Referendums are a creature of statute and flow from legislation passed by Parliament. As there is no generic referendum legislation, each is the subject of a separate Act. They are normally the result of a manifesto commitment of a majority Government; their legitimacy arises from the fact that the public have voted in a party on the basis that it will implement its manifesto.

[Alan Brown]

Is the hon. Gentleman arguing that manifesto commitments have legitimacy only if a Government have a majority? I point out to him that his Government do not have one.

[Colin Clark]

If the hon. Gentleman lets me carry on, I will get to the explanation.

As the hon. Member for Edinburgh South (Ian Murray) said, if the Scottish Government had won a majority, they would have called a referendum. That is how the first Scottish independence referendum was called in 2011. Referendums have huge political authority because they are direct expressions of public opinion. If we disagree with the outcome of a referendum, our immediate response should not be to call for another. We must respect a referendum’s democratic legitimacy, or we risk undermining the legitimacy of our tested system of careful consideration by elected Members with periodic elections by an emancipated electorate. To hold another referendum on Scottish independence so soon after the original would risk undermining the constitutional position of referendums in our society. It would also undermine the Scottish public, who clearly voted against independence.

In an uncodified system such as ours with no set precedent for a referendum, we must take care of the frequency with which we hold them. Holding multiple referendums on the same issue in a short space of time would bring into question their ability to settle issues decisively. It would also pose the question whether they are simply a precursor to further referendums, which we should avidly avoid.

The hon. Member for Kilmarnock and Loudoun (Alan Brown) suggests that we are afraid of referendums. He should realise that his party devalues referendums, and democracy, by calling for another referendum so soon after the 2014 result. We should leave the process not to polls, which are likely to fluctuate, but to the democratic will of the people. That will ensure the ultimate legitimacy of referendums.

Recently, in my constituency of Gordon, a council by-election had to be called because somebody got elected to this House. A Conservative councillor was returned with 48% of the votes, and 65% of voters voted for Unionist parties. The Scottish Government clearly do not have the same mandate as in 2011. Since then, they have seen a no vote in the first independence referendum and a drop in their share of MSPs elected to Holyrood. In fact, the most recent election saw the emergence of a strong opposition: my 11 colleagues— 12, including the Secretary of State—and me. The issue has been settled decisively, so I ask both Parliaments and the SNP to respect the will of both Houses and respect the referendum.