Scottish Referendum Legislation: Supreme Court Judgement

Earl of Kinnoull Excerpts

Thursday 24th November 2022 Lords Chamber

[Lord Offord of Garvel (Con)]

The noble Lord, another eminent Scottish politician, is well aware of the circumstances in which they are operating. There is no need to be talking about another referendum. The Supreme Court has made it very clear that there is no avenue for that within the Scottish Government. More importantly, there is no appetite now. When the referendum was held in 2014, there was consensus across both Parliaments, all parties and civil society that the referendum should be held. Some 3.6 million Scots voted, 2 million of whom voted to stay in the UK while 1.6 million voted to leave. That is a decisive result and, given that since that time the SNP has consistently polled only in the region of 1.3 million to 1.4 million votes, it has no more than one-third of the population who want to pursue a separatist agenda, in which case there is no need for us to consider another referendum.

[The Earl of Kinnoull (CB)]

My Lords, at home, on the register in Perthshire, there are four voters. I have kept the election communications from the May 2021 election. These communications from the SNP and from the Scottish Green Party are extremely smart. They are brimming with reasons why you should vote for either the Scottish Greens or for the SNP, but nowhere do they mention the idea of a referendum or independence. How does the Minister feel that chimes with the claimed mandate of the SNP Scottish Government for a referendum?

[Lord Offord of Garvel (Con)]

The Scottish Government have been dominated by the Scottish National Party for eight elections in a row. They have done that on the basis of 1.3 million to 1.4 million votes, and under that they have a legitimate mandate to govern the UK—sorry, I mean within the Scottish Government. [Laughter] In the other place, we know that UK Governments can effectively govern on a mandate of 35% to 40% of the vote. No one is disputing that that is a mandate to govern, but it is not a mandate to break up a country. Where there continues to be no more than one-third of popular support to break up the UK, there is no need for us to pursue the case.

On my travels abroad, I was recently in Iceland and met the Icelandic Prime Minister. She had just had a meeting with Angus Robertson, who I think was passing himself off as the Foreign Secretary of Scotland. She said to me, rolling her eyes, “The poor people of Scotland are so oppressed, not being allowed to leave. There is obviously majority support for independence. Why won’t the UK Government allow the Scottish people to have their freedom?” I said, “Prime Minister, I believe you had your independence from Denmark in 1944.” She said yes. I said, “I believe you had a vote.” She said yes. I asked, “What was the vote in favour of independence?” She said it was 96%. I said, “The SNP currently has 37%.” She smiled and said, “Let’s talk about energy.”