Constitutional Law

Frank Roy Excerpts

Tuesday 15th January 2013 Commons Chamber

[Michael Moore]

I think that that is a reasonably easily understood anomaly. The French person, the EU national, who has made a commitment to living in Scotland is entitled to vote in a referendum there, just as they would be in the Scottish parliamentary elections. It is important that we show consistency on that front. I accept, however, that there is a range of opinion on this matter, and my hon. Friend has made his own point clearly.

On the issue of 16 and 17-year-olds participating in the referendum, respondents to our consultation were divided. I will return to that issue later.

[Mr Frank Roy (Motherwell and Wishaw) (Lab)]

Will the Secretary of State confirm that, if this order goes to the Scottish Parliament and if that Parliament agrees to allow 16 and 17-year-olds to vote in the referendum, the matter will no longer need to come back to this House or to the other place?

[Michael Moore]

The hon. Gentleman highlights an important point. He is right to suggest that, if this House and the other place agree this order and it is passed, that will transfer responsibility for the referendum totally to the Scottish Parliament.

Following the respective consultations, a period of discussions between Scotland’s two Governments led to the signing of the Edinburgh agreement on 15 October. I will return to the other important elements of that agreement shortly, but first I want to deal with the order itself.

The order is made under section 30(2) and (4) of the Scotland Act 1998. It inserts a new paragraph 5A into part 1 of schedule 5 to the Act. Part 1 provides, among other things, that the Union of the kingdoms of Scotland and England is reserved to the UK Parliament. New paragraph 5A will ensure that the reservation does not apply to a referendum on independence, provided that the referendum meets the requirements set out. Those requirements are for a single-question referendum, on the subject of independence, to be held before the end of 2014, and without any other referendum provided for by an Act of the Scottish Parliament being held on the same day.

The order also makes provision in respect of public referendum broadcasts and free mailshots, which would otherwise be outside the legislative competence of the Scottish Parliament. Under the Political Parties, Elections and Referendums Act 2000—PPERA, as we know it —referendum campaign broadcasts can be made only by or on behalf of a designated campaign organisation. The order applies that provision of PPERA to an independence referendum. That means that the restriction in PPERA on who can make referendum campaign broadcasts can apply to the independence referendum.

The agreement in 2006 between the Secretary of State for Culture, Media and Sport and the BBC requires the BBC to broadcast referendum campaign broadcasts, as defined by PPERA. The provisions of the order mean that the BBC will have the same obligations and responsibilities in respect of independence referendum campaign broadcasts as it would have in respect of any PPERA referendum broadcasts. Under PPERA, each designated campaign organisation can send a mailshot to every elector or household without being required to pay the postage costs. That service is provided by Royal Mail and the costs are recovered from the Consolidated Fund. The order applies those provisions in PPERA to an independence referendum. It specifically provides that the cost to the Royal Mail of providing the service will be recovered from Scottish Ministers.

The section 30 order that we are debating today will enable the Scottish Parliament to legislate for a legal referendum. The Scottish Parliament has already considered the order and approved it unanimously. If the order is approved by both Houses of this Parliament, it will enable the Scottish Government to introduce a referendum Bill setting out the wording of the question, the date of the referendum and the rules of the campaign for the Scottish Parliament to consider. This devolution of power will ensure that the details of the referendum process itself are made in Scotland, in the Scottish Parliament. That is a principle of great importance to the devolution settlement. Furthermore, the approach here respects another key feature of devolution—namely, that once a matter is passed to the Scottish Parliament, it is for that Parliament to determine the details of the legislation that follows.

However, our agreement does not just make the referendum legal and respect the devolution settlement. It also sets out the conditions that are necessary and that have been agreed between the UK and Scottish Governments for the referendum to be fair and decisive. In this context, it is important to consider the memorandum of agreement alongside the order. The agreement is a statement of political intent by Scotland’s two Governments. It commits us jointly to an approach to, and the delivery of, the independence referendum which will ensure that the proceedings are fair and that the outcome is decisive. With permission, Mr Speaker, I will therefore briefly describe that broader agreement.

At the heart of any fair referendum must lie a set of rules and processes that have the support of both sets of protagonists. For the outcome to be legitimate, both sides of the argument must have faith in all aspects of the referendum. That is particularly true when we are considering the future of our nation. The agreement therefore sets out the commitment of both Governments to the normal rules and procedures that govern referendums in the UK, as contained in PPERA. A core part of the PPERA process is the central role of the Electoral Commission. The two Governments have agreed that the Electoral Commission must review the proposed referendum question, and that its report will be laid before the Scottish Parliament. That process is under way. Since PPERA came into force, there have been three referendums held under that legislation.

--- Later in debate ---

[Michael Moore]

I pay tribute to the hon. Lady, who has made that point strongly not only on the Scottish Affairs Committee, but in other debates. I recognise that it is a sensitive issue. We must ensure that, as would be the case in any other referendum or election, those in the armed forces who have a connection to Scotland are aware of what it will take for them to vote in the referendum. There is a range of complexities in that, but the Scottish Government are aware of the issue and understand it. When they publish the legislation, there will be plenty of time for people in the Scottish Parliament, and those of us here who take an interest in the matter, to offer their views on the details.

[Mr Frank Roy]

May I point out to the Secretary of State that it is not only members of the armed forces who will be affected, but their wives and husbands? For example, people who are based in Catterick may have been moved there from Motherwell.

[Michael Moore]

The hon. Gentleman makes a valid point that reinforces the views of his colleagues, and I recognise that this matter is important to Members on all sides of the House. It will now be an issue for the Scottish Parliament to consider, and I am confident that in the political debate across Scotland the role of the armed forces and voting will be properly considered.