Scotland’s Constitutional Future

Iain Stewart Excerpts

Tuesday 10th January 2012 Commons Chamber

[Michael Moore]

I reciprocate the wishes of the hon. Gentleman for a happy new year and hope we may all be in a good mood throughout it. Of course there will be a cost to any democratic process, but it is clear that we have a major historic decision to make. I am keen that we get on with that and that we do it in a clear, fair and decisive way.

[Iain Stewart (Milton Keynes South) (Con)]

During the consideration of the Scotland Act 1998 in this place, the then Scottish Secretary, Donald Dewar, said:

“A referendum that purported to pave the way for something that was ultra vires is itself ultra vires.”—[Official Report, 12 May 1998; Vol. 312, c. 598.]

In the absence of his being able to publish legal advice, does my right hon. Friend agree that that statement makes it perfectly clear where the law stands?

[Michael Moore]

As ever, my hon. Friend has been assiduous in his homework, for which I commend him. Indeed, the late sadly lost leader, Donald Dewar, when he debated it from the Dispatch Box all those years ago, set out clearly what he believed would or would not be allowable within the law. I think the Act was well written. It is clear and I invite everybody to scrutinise it. I believe that when they do, they will come to the same conclusion as we have. Therefore we need to get on and provide a legal basis for the referendum.