Oral Answers to Questions

Baroness Laing of Elderslie Excerpts

Wednesday 21st November 2012 Commons Chamber

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

Yesterday, the gentleman who gave evidence to the Select Committee chaired by the hon. Member for Glasgow South West (Mr Davidson) on behalf of the Yes Scotland campaign for separation refused to state categorically that his campaign would abide by the advice of the Electoral Commission. What sanctions can be imposed on a Government, a Parliament or a campaign that blatantly refuses to take the commission’s advice ?

[Michael Moore]

I understand my hon. Friend’s anxiety, but this Government and their predecessors have always followed the advice of the Electoral Commission, and I would expect the Scottish Government to do so as well.

Referendum (Scotland)

Baroness Laing of Elderslie Excerpts

Monday 15th October 2012 Commons Chamber

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

Does the Minister appreciate that although most Members of this House have grave reservations about the peculiarities of the proposed franchise, there is also wide agreement that the most important thing about the compromise reached by the Prime Minister is for there to be one decisive question on the ballot paper? The future of Scotland as part of the United Kingdom—to the benefit of everyone in every part of the United Kingdom—should be decided once and for all.

[David Mundell]

I absolutely agree with my hon. Friend. Throughout these discussions, the Government’s position has been that there should be a single question—in or out of the United Kingdom—and that in the course of that debate, independence and devolution should not be conflated.

Oral Answers to Questions

Baroness Laing of Elderslie Excerpts

Wednesday 12th September 2012 Commons Chamber

[Michael Moore]

I join my right hon. and learned Friend in congratulating Andy Murray on his Olympic gold medal and on securing his first grand slam title—an immense achievement that is being celebrated the length and breadth of the country. The Olympic games demonstrated the great benefits of working together, whether in terms of financing, training or, indeed, competing—our first Olympic gold was won by a Scot and somebody from the south-west of England. That was great and perhaps makes the point that we are better together.

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

Would the Secretary of State like to clarify further that there is no conflict between being Scottish and being British, and that millions of reasonable people in the UK and all over the world live happily as both?

Oral Answers to Questions

Baroness Laing of Elderslie Excerpts

Wednesday 20th June 2012 Commons Chamber

[Mr Speaker]

Order. I entirely understand, but I would like greater brevity from now on, to be exemplified by the hon. Member for Epping Forest (Mrs Laing).

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

Is the Minister aware that almost every economic analysis shows beyond doubt that employment prospects in Scotland would be significantly reduced if Scotland were separate from the UK?

[David Mundell]

I absolutely agree with my hon. Friend, who I am sure will welcome with me the fact that employment in Scotland increased by 18,000 in the last period.

Scotland Bill

Baroness Laing of Elderslie Excerpts

Thursday 26th April 2012 Commons Chamber

[Bob Stewart]

All the amendments are very acceptable to me and to the other Stewarts in the House.

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

I am sure, Mr Deputy Speaker, that you will agree that it is relevant to say that the amendment matters not only to people living in Scotland but to people in the whole of the United Kingdom, because our country operates as one. I am sure that the speech by my hon. Friend the Member for Beckenham (Bob Stewart), who was educated at the excellent Chigwell school in Epping Forest, will be warmly welcomed by the Epping Forest Scottish Society, which shares his views on this matter.

[Mr Deputy Speaker]

The southern Scottish seat of Epping Forest has been mentioned, but it is not relevant to this group of amendments. Let us now get back to the amendments.

--- Later in debate ---

[Pete Wishart (Perth and North Perthshire) (SNP)]

It is a great pleasure to follow the hon. Member for Beckenham (Bob Stewart), and it is a pity that we did not get to hear the rest of his speech. SNP Members were particularly looking forward to the tour de force that his tour around Scotland would have provided. Perhaps we will have the opportunity to hear it another day.

We in the Scottish National party welcome the Lords amendments. Anything that gives more power to the Scottish Parliament will be welcome to us. At this, the last moment of the last day of the last stage of the Scotland Bill, I just want to say: what a process we have had! There are many things we could say about the Bill, but we could never describe it as being particularly exciting. It has never had much press attention in the course of the past few months. We could describe it as unambitious, uneventful or lacking the powers to grow the economy, but the main thing about the Bill is that it is so “minority Government”. It is from another day, another era—it is from the last gasp of a Unionist majority in the Scottish Parliament. It is from a day that has passed.

[Mrs Laing]

I fail to understand how the hon. Gentleman can find it unexciting or irrelevant that Members of the Scottish Parliament are being made more accountable to the people of Scotland. That is what devolution and increasing democracy are all about. I would have thought that he would be excited by that.

[Pete Wishart]

I am very grateful to the hon. Lady for her intervention. As always in these debates, she makes a colourful presence and puts her case passionately and well. I must say, however, that the Bill has been overtaken by events. Things have happened over the past year, and the one big thing that happened was the election of a majority SNP Government. Everything has changed because of that.

--- Later in debate ---

[Mrs Laing]

I am listening carefully to what the hon. Gentleman is saying about this complicated subject. He quoted the First Minister of Scotland as saying that he would only equalise taxation. I know the hon. Gentleman cannot answer for the SNP, but if the past is anything to go by, Labour always raises taxes. Can he therefore confirm that, should Scotland separate from the rest of the United Kingdom, he could give no undertaking that a future Labour Government in Scotland might not stick by the current First Minister’s—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. The length of the hon. Lady’s intervention is stretching even my patience a little. We are not speculating about such matters; we are only discussing an amendment at this stage.

--- Later in debate ---

[Mr Davidson]

I thank the Secretary of State for his good wishes. Witnesses have told me that someone was seen running away from the scene: they were wearing a pair of tartan trews, a kilt, a Scotland football top, a See You Jimmy hat and an Alex Salmond mask, and were holding a set of SNP manifestos, but this might have been a disguise.

I hope that how the dialogue has taken place so far will continue. The Secretary of State makes a useful point. It is essential that we do not simply have a big-bang transfer. As the hon. Member for Edinburgh West (Mike Crockart) said, this has to be an iterative process. We hope there will be a dialogue with the Select Committee, before the transfer and even before the papers are tabled with the Scottish Parliament and at Westminster, so that all reasonable complaints can be raised in a multi-party atmosphere. It is important not to give those who wish to pick a fight unnecessarily the opportunity do so. It is therefore essential that the maximum amount of information is made available at all times.

I thank the Secretary of State for introducing the clause and the Government for following it through—and I hope, in future contributions, to update the House on the reports of the criminal activity that has been taking place in Glasgow.

[Mrs Laing]

I rise to speak to Lords amendment 18, which I thoroughly support, like everyone else who has spoken. I pay tribute to my hon. Friend the Member for Milton Keynes South (Iain Stewart), who is something of an expert in these matters, for his measured and helpful approach, to my hon. Friend the Member for Congleton (Fiona Bruce) for all her work on these matters in the Select Committee, and to my hon. Friend the Member for Penrith and The Border (Rory Stewart), whose impassioned speech has, I am sure, left its mark on the House, as it should have done. Unsurprisingly, however, I take issue with the hon. Member for Perth and North Perthshire (Pete Wishart) over his patronising remarks about the indulgence of Members speaking in the debate whose seats are not in Scotland—[Interruption.] The hon. Gentleman has just indicated that he was being pleasant in his remarks. If that was the case, I thank him for them.

[Fiona Bruce]

If my hon. Friend was referring to a comment made following my speech, I must tell her that I took it in good part.

[Mrs Laing]

Perhaps I am being cynical about the hon. Gentleman’s motives; I have listened to him speaking in the House over many years.

[Pete Wishart]

I am very disappointed that the hon. Lady should interpret my kind and pleasant comments in such a way. The people of Scotland are always on tenterhooks waiting to hear what she has to say on the great Scottish issues.

[Mrs Laing]

It is a matter of fact that, since the sad passing of my mother, nobody in Scotland listens to me at all any more, but I thank the hon. Gentleman for his intervention and I hope that he will forgive me for misinterpreting what he said.

The fact is that this is the Parliament of the United Kingdom, and the matters that are discussed and examined here affect the whole of the United Kingdom. That is why Lords amendment 18 is so important. Just as the people of Epping Forest have no particular interest in what happens in Liverpool, Birmingham, Leeds, Hull, Cornwall or Belfast, those events affect all of us none the less. We live together on this small island, and any artificially created divisions cannot hide the fact that we are interdependent and that our economy is the economy of the whole of the British isles. Those things that affect one of us affect all of us, and that is why Lords amendment 18 is so important.

The amendment clearly highlights the equal partnership, particularly in regard to taxation and economic welfare, between this Parliament and the Scottish Parliament. I wonder why anyone would wish to go further and create an unnecessary and damaging artificial separation. Amendment 18 and the others pertaining to this part of the Bill relate to an enormous transfer of power and accountability from this Parliament to the Scottish Parliament. So it should be. As a result of the transparency introduced by the Bill, as a result of Lords amendment 18, both Parliaments will be required to examine the economic fiscal affairs of each part of the United Kingdom. I hope that those matters will therefore be clearly seen as the years go on. If separation were to take place, we would lose all the strength that has been built up over a long time. I hope, however, that it will become apparent, with more transparency and a greater ability on the part of each of our legislative Houses to examine these matters, that the interdependence of the United Kingdom brings benefits to all of the United Kingdom.

[David Mowat]

To paraphrase my hon. Friend the Member for Penrith and The Border (Rory Stewart), I rise with passionate moderation to speak in favour of Lords amendment 18, although I will ask for some clarification of those provisions and of the legislative consent motion from the Scottish Parliament.

For the avoidance of doubt, the proposed new clause in Lords amendment 18, for which many claims have been made in the debate, is concerned with the implementation of the financial aspects of the Bill. It is extremely welcome that we are going to have a yearly review of those aspects. My points relate to some of the wording in the Secretary of State’s statement in March and to the prior negotiation between him and the Scottish Parliament.

Oral Answers to Questions

Baroness Laing of Elderslie Excerpts

Wednesday 22nd February 2012 Commons Chamber

[Mr Speaker]

Order. There are far too many noisy private conversations taking place in the Chamber. I know that the House will want to hear Mrs Eleanor Laing.

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

Thank you, Mr Speaker.

Does the Minister agree with me and my constituents that in matters of disability payments for severely disabled children, and of all other payments from taxpayers’ money for the people who are most in need throughout our entire country, we are better off raising money together and working together as one United Kingdom?

[Mr Speaker]

The Minister should answer with reference to the disability premium.

Scotland’s Constitutional Future

Baroness Laing of Elderslie Excerpts

Tuesday 10th January 2012 Commons Chamber

[Michael Moore]

First, may I congratulate the hon. Gentleman on his new role within the Scottish Labour party? I am sure that he will be travelling the length and breadth of the country to make the case that he was just making, among other things. As for his central point, I agree that it is important that people of all parties, and those of none, get involved in this debate, so that all the people of Scotland are engaged in resolving the process and then getting on with the real debate.

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

Given the astounding arrogance of the SNP in refusing to acknowledge that the Scottish Government simply do not have the legal power to hold a referendum, is the Secretary of State aware that most people, in all parts of this United Kingdom, welcome the fact that he and the Prime Minister have taken the initiative to allow a referendum and let the voice of the Scottish people be heard—not at some historically sentimental point in the future but as soon as the consultation is cancelled—because Scotland and the UK need clarity and certainty now?

[Michael Moore]

My hon. Friend expresses her disappointment in her usual characteristic style. I, too, hope that the Scottish National party and the Scottish Government will engage constructively and recognise the fact that it is in the interests of people across Scotland that the two Governments work together, get rid of this legal problem and get on with having the referendum on Scotland’s place in the United Kingdom.

Oral Answers to Questions

Baroness Laing of Elderslie Excerpts

Wednesday 9th November 2011 Commons Chamber

[Michael Moore]

The hon. Gentleman makes a fair point. With a BBC poll at the weekend showing that barely a quarter of Scots favour independence, it is no great surprise that the SNP is taking Scotland for granted and running away from an independence poll. It is creating uncertainty that is damaging for business. Let us have a clear question and get on with it.

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

In considering Scottish independence, has the Secretary of State seen recent legal advice stating that an independent Scotland would be either outside the European Union, and therefore would lose EU funding and access to free markets, or required to join the euro as a new accession state? Does he agree that that is further evidence that breaking up the UK would be bad for the people of Scotland?

[Michael Moore]

I absolutely agree with my hon. Friend. The idea that the SNP can take it for granted that Scotland would enter the EU without negotiation and consideration of such issues is entirely fanciful. That is part of the uncertainty that needs to be resolved sooner rather than later.

Oral Answers to Questions

Baroness Laing of Elderslie Excerpts

Wednesday 9th March 2011 Commons Chamber

[David Mundell]

I certainly acknowledge that residential care homes are social rather than medical institutions primarily. However, as the hon. Lady will know, having been present at this morning’s debate in Westminster Hall, many care homes operate the mobility aspect of disability living allowance differently. The basis on which it is applied to a person in a home in Scotland and what it is applied for is dependent on which home they are in. I am sure she will agree that that is not acceptable.

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

Does the Minister agree that many families in Scotland are suffering economically and socially because of the disastrous policies not only of 13 years of Labour Government, but of four years of Scottish National party Government in Scotland? Will he undertake to work with the Secretary of State for Work and Pensions to ensure that people in Scotland who are in real need, especially those with disabilities, benefit under his Government’s policies?

[David Mundell]

I agree with my Friend’s analysis. Like many people in Scotland, I recognise that the Welfare Reform Bill provides a once-in-a-generation opportunity to radically overhaul the benefits and welfare system.

Scotland Bill

Baroness Laing of Elderslie Excerpts

Monday 7th March 2011 Commons Chamber

[Tom Greatrex]

It is a pleasure to serve under your chairmanship, Ms Primarolo, as we embark on the Committee stage of the Scotland Bill. Since we last debated the issues on Second Reading, the legislative consent motion Committee has made its report to the Scottish Parliament, which we received last week. I understand that it will be debated by the Scottish Parliament later this week. There is also the ongoing scrutiny of these matters by the Select Committee on Scottish Affairs, to which the Secretary of State and others have given evidence. We are part of the way down the road, but there is still some way to go.

It is right that our scrutiny is done thoroughly and with care, and that the issues are properly raised and discussed, particularly in the Committee stage on which we have embarked. I am sure that many Members will wish to press their points on different aspects of the Bill. For our part, we have tabled a number of amendments, of which amendment 10 is the first. Some are designed to tease out detailed consideration to which the Minister might wish to respond further today or on Report, while we intend to press other amendments to the vote.

I would like to say at the outset how grateful we are for the assistance and discussion we have had with a wide range of interested parties and individuals over the past few weeks as we have sought to scrutinise the Bill. We are also grateful for the Secretary of State’s confirmation—after some reasoned but pointed business questions in recent weeks, which also ensured that the Leader of the House had a fuller understanding of the Holyrood legislative process than he otherwise would—that the Government will not move forward to Report until the LCM process in Holyrood has been completed. We also note the Secretary of State’s confirmation that while he will wish to reflect on the content of the initial LCM Committee report—and, presumably, the motion that accompanies it—he will not necessarily be bound by it, which is a point he recently made at the Scottish Affairs Committee inquiry. The LCM Committee made a number of observations and recommendations, and I am sure the whole House—well, at least some of it—will look forward to hearing the Government’s response to those points.

It is part of the responsibility of Members to press on particular aspects of the Bill. There are strongly held views on both sides of the House on some aspects of devolution, but it is important to endeavour to continue our scrutiny of what the Secretary of State himself has proclaimed to be the most significant development in constitutional arrangements since the Scotland Act 1998. Our reference point, as always, because of its shared, cross-party status, is the report of the Calman commission, which hon. Members know led to an earlier White Paper before the general election and, subsequently, to this Bill.

Clause 1 deals with the administration of elections, which Calman recommended should be devolved to the Scottish Parliament. Amendment 10 deals specifically with overnight counts, which I shall discuss first. It is widely acknowledged that, by and large, people in Scotland want to know the results of their elections as soon as it is practicable so to do. That was the objective of the Minister when he was in opposition in the lead-up to the general election last year and it was supported by the then Opposition parties in respect of an amendment to the Representation of the People Act 1983, which my amendment seeks to replicate. The Government are well aware of the history.

Partly owing to measures of the Government’s own making, such as the imposition of a referendum on the same day as the Scottish parliamentary elections, and partly owing to the views of electoral administrators—who always come out of the woodwork during the build-up to elections—there has been continuing speculation in recent weeks that returning officers will again seek to move wholeheartedly to morning counts, which is something that they do habitually. They tried it in 2005—when, as an employee of East Dunbartonshire council, I was closely involved in the arrangements relating to the count for the redrawn East Dunbartonshire constituency—but got nowhere. They tried it in 2007 for the purpose of the Scottish parliamentary elections, notwithstanding the disruption caused to those elections, although—unlike the design and descriptions on the ballot papers—the time of the count was not an issue; and they tried it again in the run-up to the general election.

As the Minister will recall, I raised the matter with him via the Leader of the House. Despite an earlier suggestion that it might be dealt with in the Parliamentary Voting System and Constituencies Bill, he wrote to me saying that he was not prepared to change the law, that it was all very difficult, that returning officers were independent and he could not tell them what to do, and that we should leave it at that and lobby if we so wished. That was an interesting revision of the view that the Minister had expressed about a year ago, before the general election. I have with me the letter that he sent to me, in which he said that he assumed that I knew all that, given my long service as a special adviser at the Scotland Office. Given that long service at the Scotland Office, I was also aware that I would receive a letter from officials that I would send back, asking them to try again. Perhaps the Minister will learn that in the months and years to come.

The spectre of election counts not starting as soon as practicable is still with us in respect of the voting in May. Although the revered Tom Aitchison of City of Edinburgh council is no longer in post, his successors keep trying. The amendment deals with the issue for the next election to the Scottish Parliament and every other set of Scottish parliamentary elections by invoking the amendment to the Representation of the People Act that finally dealt with it before the general election.

I note the comments of the Electoral Commission, which has said that the amendment contains flexibility to deal with the position in constituencies such as Argyll and Bute in which there are practical problems connected with starting counts. However, it allows the counts to begin as soon as practicable after the election. Given that the Minister and his colleagues voted for this 12 months ago, I am sure that even within the scope of the coalition agreement there is the opportunity for some consistency on the Government’s part. I hope that those of us, in all parts of the Committee, who wish to reflect the view of our constituents that counts should happen as soon as possible after elections make our position clear. I shall be interested to hear the Minister’s comments.

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

I find myself in the extremely unusual position of agreeing entirely with everything that the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) has said. That is not surprising, however, given that the amendment that was accepted by the Government approximately a year ago, before the last general election, was originally tabled by me. The right hon. Member for Blackburn (Mr Straw) wisely added his name to it and accepted it as a Government amendment, and it became part of the Bill. At the time, I thought that that was the only thing that I had ever achieved from the Opposition Front Bench, but perhaps that was due to the cynicism engendered by 13 years of opposition.

I am delighted that the hon. Member for Rutherglen and Hamilton West has tabled the amendment again. It was very popular with Members in all parts of the House when we debated it a year ago. It became law, and it made a difference to the way in which the general election was administered and to the timing of the extremely disappointing results of that election across the country. But if we were going to get bad news, perhaps it was as well to get it sooner rather than later. That is not the point, however. The point is that, in the operation of our democracy, it is right that election counts should take place as soon as practically possible after the close of poll.

We discovered that many excuses were being made by returning officers around the country for not undertaking their duties in a timely and correct manner. They made every excuse that they could think of, none of which proved to be correct, because, when the law was changed and they were required to act as they ought to have been acting in the first place, they did so. I look forward to hearing what the Minister has to say on this amendment, but I hope that I shall be able to support what the hon. Gentleman has just proposed to the Committee.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I welcome you to the Committee, Ms Primarolo. I know how much you appreciate the convivial nature of Scottish debates, and I hope that we will do our best to behave ourselves today and to conduct these proceedings in a civil manner.

On Second Reading, we made it clear that it was our intention to improve and strengthen the Bill. I concede that, over the past few weeks, significant progress has been made in that direction. We have already had the report from the Scottish Parliament’s Bill Committee, which made a number of useful and helpful recommendations, especially those that apply to the non-fiscal parts of the Bill. I welcome those recommendations. It is perhaps unfortunate, however, that some of them cannot be properly debated because of where we are in the process. The Scottish Parliament has not even passed its legislative consent motion, yet we are here in Committee today discussing the Scotland Bill, line by line and clause by clause.

--- Later in debate ---

[Mrs McGuire]

Indeed, but I was delighted that when I awoke, what I at first thought was a dream was in fact reality—Labour had not only won that by-election but had won it with an increased majority and an increased percentage of the poll, and a member of the coalition parties had come further down. However, I see that I am taxing your patience a little, Ms Primarolo.

I want to highlight the Electoral Commission’s comments. I am a wee bit surprised by the attitude it has taken in not supporting overnight counts, and I feel it has based its assumptions on what happened in the last election, four years ago. It makes a good point in saying that returning officers should not be expected to conduct parallel counts for the first-past-the-post and regional lists, but it is a bit disappointing that it has not recognised that part of the culture of elections in this country, and in many others, is sitting and waiting for the overnight results to come in. That happens in American presidential elections and others.

[Mrs Laing]

Does the right hon. Lady agree that although the excitement is certainly important to people like us who are involved in these matters, it is not just a matter of excitement and media presence? It is also about good electoral governance, good management of the electoral process and bringing conformity right across the country. Last year, we discovered that returning officers had held themselves responsible for what happened in their area and that many of them refused to be told or to behave in the way that the Electoral Commission thought they should. Is it not therefore up to this Parliament and the Scottish Parliament literally to lay down the law so that there is conformity of action in every election taking place at the same time?

[Mrs McGuire]

The hon. Lady makes a valid point. Like her, I do not want to overplay the excitement, in spite of our reflections on last Thursday night, because sometimes we can get carried away with that.

The continuity of the election process and the election day is important. The election day does not finish until there is a declaration of the count. It is also necessary to give people the confidence that when they put their vote in a ballot box, which is sealed, it is resealed at the close of play and transported immediately or as quickly as possible—if the two are not mutually exclusive—to the count. Part of our historic attitude to elections is the speed with which we can get the individual’s vote from the place in which it was cast to the place of the count.

We should recognise that, for the most part, we are not talking about transporting ballot boxes in the depth of winter. These elections are conducted in the spring. I have a constituency which, as some colleagues are no doubt fed up with my telling them, is the size of Luxembourg. I know that the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) has a constituency that extends far wider than that, but in the case of my constituency, we are talking of a distance of some 65 miles, and I have never heard of any difficulties in transporting the ballot boxes in reasonable time from outlying villages such as Tyndrum in the most northerly part of the constituency down to Stirling for the count.