Constitutional Law

Graeme Morrice Excerpts

Tuesday 15th January 2013 Commons Chamber

[Graeme Morrice (Livingston) (Lab)]

Thank you, Mr Deputy Speaker, for giving me the opportunity to participate in this important debate on the constitutional future of Scotland. It is a pleasure to follow a Lothians colleague, my hon. Friend the Member for Edinburgh North and Leith (Mark Lazarowicz). I also welcomed the Secretary of State’s introductory remarks, and also those of my hon. Friend the Member for Glasgow East (Margaret Curran), who spoke with passion and determination.

Although the order is technical in nature and part of a complicated statutory process, it is important for us not to lose sight of the bigger picture: the kind of Scotland in which we all wish to live in the future. Scotland’s constitutional future is about the people of Scotland, and not about the machinations of the political classes. It is therefore vital—especially given the divergence of views on the question of separation —for this process, and the eventual referendum, to be free of partisan interference. Of course the campaign itself will be intensely political, as is only right and proper in a democratic system, but the statutory mechanism that affords that opportunity must be free of undue influence on the part of politicians from either Parliament. By supporting the order, the House can ensure that the UK Parliament plays its constitutional role by legislating and thus providing the Scottish Parliament with the legal footing required to hold a referendum in 2014, although many of us believe that it should be held earlier in order to end the ongoing uncertainty of Scotland’s future. As I have said, it is also of the utmost importance for these powers to be used with a great deal of responsibility, and with the best interests of the people of Scotland in mind.

The order guarantees that the referendum will be made in Scotland, and that supporters of separation will not be able to assign any blame to Westminster with any legitimacy or credibility if they disagree with its outcome. However, I and many other people are worried that the SNP Scottish Government may attempt to steal an unfair advantage through the way they set the rules. Therefore, as we have heard time and again in our debate, the role of the Electoral Commission is crucial. It can act as an unbiased and impartial referee, as opposed to Alex Salmond being both player and referee. The involvement of the Electoral Commission would be a significant step in ensuring that the referendum is fair, legal and decisive. Without its involvement and, crucially, the acceptance by all of its advice and guidance, I will remain unconvinced that the SNP majority in the Scottish Parliament will not manipulate the situation for its own narrow nationalistic ends.

There are some specific areas of concern, the first of which is the proposed question. An impartial body should play the prime role in setting the exact wording of the question, the answer to which could change the future direction of Scotland for ever. It will be the most important decision taken by the Scottish people in over 300 years. The SNP has already attempted to use its majority in the Scottish Parliament to propose questions it believes will deliver its desired outcome. Those questions have been deemed biased by the cross-party Scottish Affairs Committee, as we heard earlier from its esteemed Chair. Reassuringly, this order highlights that there should be one question, to ensure the outcome is decisive, not blurred as a result of there being an additional question on an as yet undefined proposition.

Without the input of the Electoral Commission, the question of the referendum date could also be a concern. The SNP Scottish Government have already delayed holding the referendum until autumn 2014, believing, I suspect, that the anniversary of the battle of Bannockburn will somehow stir the “Braveheart” feelings that the SNP believes are latent in us all, but inciting the politics of identity and ethnicity is neither a progressive nor modern thing to do in what is a diverse and multicultural world.

A further concern is the suggested extreme limitation on spending during the referendum campaign. The SNP Scottish Government have proposed an even lower sum than the Electoral Commission. That could endanger the ability of campaigners to communicate their message effectively to the electorate. Meanwhile, the First Minister will retain his £1 million army of spin doctors throughout the duration of the campaign. Foreign donations should be unacceptable, too. All these concerns could be kept firmly in check through the Electoral Commission playing its authoritative and impartial role.

I believe voter franchise is important and take the view that 16 and 17-year-olds should be allowed to vote in the referendum—although I accept the questions raised about the practicalities, and also believe that if we do extend the franchise to that age group, we must ensure that all 16 and 17-year-olds have the opportunity to vote. However, I also believe Scottish armed services personnel residing or serving outwith Scotland should be able to participate in the referendum. We have discussed that point at length today.

In conclusion, it is essential that the referendum mechanism is determined by those who are outwith the argument, namely the Electoral Commission. Such an important and irrevocable decision must be clear of opportunistic politics from both sides of the argument, in order to guarantee that the outcome is decisive, not subject to drawn-out legal challenge and, most importantly, fair. I hope that, with these parameters agreed by both sides in the debate, the decision will be accepted by all, for the sake of our nation.