Constitutional Law

Iain Stewart Excerpts

Tuesday 15th January 2013 Commons Chamber

[Margaret Curran]

I thank my hon. Friend for that contribution. It encourages me to look forward to the substance of the debate on the referendum, when the Scottish people will give not only their verdict on whether they think their interests lie best in the United Kingdom, but ultimately their view of the SNP Government, who, rather than addressing their interests, are for ever saying that everything can be solved through the prism of independence, without ever presenting a substantial argument for why that would be the case.

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

The hon. Lady touches on an important point about the Scottish Parliament legislating in the interests of Scotland. Does she agree that the Scotland Act 2012 will devolve considerable additional powers over many fiscal matters to the Scottish Parliament, and that it is surely better to concentrate on using those powers rather than constantly trying to change the goal posts constitutionally?

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[Mrs Laing]

No. I am very happy. The hon. Gentleman is trying to put words into my mouth, suggesting that I do not understand or care what happens in Scotland. That is not the case. I am very much in favour of the order, and very much in favour of allowing the Scottish Parliament to conduct the referendum. However, I firmly believe that because the referendum will affect the future of the whole United Kingdom, this House—this Parliament—should also serve as a forum for discussion about its conduct.

Although I do not happen to live in Scotland at present, and although some Members who are speaking this afternoon do not represent Scottish constituencies, I hope that if matters will proceed with good will, the Scottish Parliament will take into consideration what we discuss in this Parliament during the process of giving it the power to hold the referendum.

[Iain Stewart]

As I understand it, the order in no way prohibits the Scottish Parliament from taking on board the suggestion that my hon. Friend is—very powerfully—making.

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

I very much welcome the chance to participate in this important debate. It is a great pleasure once again to follow my fellow Hutchesonian, who made a powerful speech. If it does not damage his reputation even further, I shall point out that I agree with many of the points that he made, and I hope to build on them.

In many respects, I wish that we were not having this debate. I am a staunch Unionist, and I believe in the United Kingdom. I wish that we did not have to contemplate at all the prospect of the United Kingdom splitting up into its constituent parts. I believe that that very process will cause uncertainty at a time when we need absolute certainty for our economy. There is evidence from Canada that the ongoing constitutional debate and the uncertainty of Quebec’s constitutional status damaged the economy in Quebec, and I wish that we were not in that position. The hon. Member for Glasgow South West (Mr Davidson) made an important point from the perspective of his constituency about the uncertainty for the shipyards in Govan and elsewhere, and the fact that there will be no certainty on future orders while the constitutional question remains unresolved.

We are where we are. I am a democrat, and I fully accept that the SNP won the majority of seats in the Scottish Parliament. However much opinion polls show that the constitutional question was, or was not, part of the debate in that election, it was part of the SNP manifesto, and it is perfectly legitimate for it to hold the referendum. I accept that the Scottish Parliament is the right forum in which to set the terms of the referendum, but it must be absolutely fair, clean and decisive.

I wish to mention a few of my concerns. There must not be any question of gerrymandering with regard to the question, the electorate and the rules by which the campaign is fought. Many Members have expressed legitimate concerns about the prospects for the campaign. I commend members of the Scottish Affairs Committee for their insightful report, which highlighted a number of concerns.

I want to concentrate on one or two misgivings about the franchise. The question of 16 and 17-year-olds voting has been raised. I completely accept that there is a legitimate debate to be had about whether the voting age should be lowered. Eighteen is not set in stone in this country: the age at which someone can vote has changed over the years and has been reduced in recent times. I get young people in my constituency calling on me to consider a reduction in the voting age. I have an open mind on the subject. My view is that we should agree on a common age of majority for a series of things. It is slightly daft that we have different ages of adulthood for learning to drive, voting, getting married, buying alcohol or tobacco, and serving in the armed forced. It is not beyond our wit to agree an age at which most young people achieve a degree of maturity and at which they can exercise adult decisions. I do not have a particular view about whether that should be 16, 17, 18 or some other age, but that is not the point.

That debate should be had in general terms, not in the specific circumstances of one poll. It is utterly wrong that unilaterally for one election or one referendum we make a change, and for that not to apply elsewhere. Whether 16 and 17-year-olds are more likely to support the Union or independence is not the point. The debate should be had in general terms.

[Pete Wishart]

Following the Edinburgh agreement, this is the only election or referendum the Scottish Parliament will have control of. We have no say on UK elections. We do not even have a say on Scottish parliamentary elections. Of course, if we had responsibility for them, we would make sure that 16 and 17-year-olds could vote. We have crofter commissions and local government elections in which we can have 16 and 17-year-olds voting, but we do not have legislative responsibility for UK or Scottish parliamentary elections.

[Iain Stewart]

The hon. Gentleman is making a point about a continuing process of devolution and, in the future, it might fall within the competence of the Scottish Parliament to decide these things. That is a separate debate. But to make the decision unilaterally for one poll in what I believe is the self-interest of the party—whether that is misplaced or not is another question—is fundamentally wrong in my view.

[Mr McCann]

It might interest the hon. Gentleman to know that the Scottish Parliament does have control of other elections. It has control of local government elections and, in 2012, it decided not to extend the franchise to 16 and 17-year-olds. I fear he may be getting incorrect information from the hon. Member for Perth and North Perthshire (Pete Wishart).

[Iain Stewart]

I am grateful to the hon. Gentleman for that helpful point of information. I return to the fundamental point. If the age of franchise is changed, it should apply to every election or none, and not to one poll. I do not have sufficient knowledge of the referendum on crofting, but I suspect that is not quite as significant an issue as the future of the United Kingdom. There should be consistency and the debate should be in general terms, not unilaterally for one poll.

My next concern is about the electorate. As my hon. Friend the Member for Epping Forest (Mrs Laing) eloquently and powerfully explained, it is utterly wrong that an EU citizen temporarily living in Scotland should have a say on the future of the United Kingdom, but a Scot living in England does not. If I, for example, chose to live and work in Barcelona, I would not feel any right to take part in Catalonia’s future constitutional relationship with the rest of Spain. It would not cross my mind to exercise an opinion on that, so why should a Spaniard living in Edinburgh or wherever decide on the future of the United Kingdom?

[Mr MacNeil]

I appreciate the hon. Gentleman’s view but if I was so fortunate as to live in Barcelona and a Catalonian vote was called, I think I might express my opinion on the issue, given that it would affect me day to day. Perhaps that is a personal difference between the two of us, but I would care about the country and the environment in which I was living and therefore I would take part.

[Iain Stewart]

It is perfectly reasonable for someone living in a city or an area of a country to take part in very local polls concerning the local infrastructure and services. That is quite a different matter from someone being able to take part in a fundamental decision about the constitutional status of their home country.

[Mr MacNeil]

I hope that the hon. Gentleman understands that the upstream issue is that all the matters that he is talking about are affected by the framework in which they operate. One of the reasons for wanting an independent Scotland was highlighted last week in the debate on the Welfare Benefits Up-rating Bill. The majority of Scottish MPs were against it, yet it is being foisted on Scotland against the wishes of Scottish society. If we want to produce a welfare situation that is perfect and better for Scotland, we have to first sort out the constitutional framework around it before we can get to that point.

[Iain Stewart]

The hon. Gentleman is confusing a number of issues. He wants independence and separation so that Scotland can decide these things for itself. The point that I am making is that a EU citizen who is neither Scottish nor English would be able to influence that vote in Scotland, but a Scot living in England would not.

[Mr MacNeil]

rose—

[Iain Stewart]

Forgive me, but I want to make progress.

We all have opinions on the constitutional status of all sorts of countries. I have views on what should happen in the United States, Australia and Germany, but I do not seek to vote on them. It is fundamentally wrong that such a situation could exist. I echo the call made by my hon. Friend the Member for Epping Forest for a very simple change so that the franchise for Westminster elections also applied to Scotland. That would go a long way to removing many of the anomalies that have been mentioned with regard to members of the armed forces and their families not being able to take part in this poll. We call on these people to fight and to, potentially, give up their lives for their country, yet they will not be given the right to take part in its future direction.

[Mrs Laing]

Does my hon. Friend agree that if the franchise were based on that used for UK Parliament elections, as he has just suggested, instead of on the local government franchise, that would also mean not only that Scots living outside Scotland would have a right to vote, but that people who are eligible to vote in UK parliamentary elections in other parts of the United Kingdom, but who were born in Scotland and can prove it, would, too?

[Iain Stewart]

My hon. Friend makes another excellent point and I echo it. The other key point is—I mentioned this in my intervention on her speech—that it is up to the Scottish Parliament to decide this. There is nothing in the order that prohibits that. I urge it to look reasonably and rationally at the issue. The referendum must be fair if it is to have legitimacy. If it does not have legitimacy, I fear that we will just perpetuate uncertainty.

That leads me to my next point, which my right hon. Friend the Secretary of State also made in his opening speech. The referendum must be the end of the matter. Whatever the result, it must be clear and binding. As my right hon. Friend also said, if the decision is a yes vote—I fervently hope that it will be a massive no vote—negotiations will have to begin. I want clarity from those on the Government Front Bench on what will happen if there is a very narrow yes vote and negotiations begin on the terms of the divorce. What if the reality does not match the separatists’ rhetoric on issues such as Scotland’s membership of the EU, adoption of the single currency or any one of the number of issues that are coming to light? What if the deal for Scotland is not nearly as favourable as first envisaged? Is there scope for a second referendum within the time scale, the end date of which is 31 December 2014? Either way, I do not want a second referendum to be called in the event of a narrow yes or no vote. The decision has to be clear and final, to avoid the kind of ongoing uncertainty that existed in Quebec following a narrow no vote. That vote did not end the matter, and the separatists have come back again and again to try to get their way. Thankfully, they have not achieved it. There could be a similar danger here, and I would like clarification on what such a situation would mean for Scotland and the United Kingdom.

On the timing of the referendum, I wish that we could just get on with it. I slightly disagree with my hon. Friend the Member for Epping Forest on this matter, although she was right to say that the longer the debate goes on, the more the unsavoury consequences of separation and the confusion of the SNP’s position come to light.

[Mr MacNeil]

This talk of uncertainty seems to be unfounded, as many investors have come to Scotland in the past year. Certainly, the only time I have heard the subject raised has been in the context of the US Government recently getting worried about the noises coming from the Conservative party about leaving the European Union. Does the hon. Gentleman think that such talk in the Conservative party should end?

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[Iain Stewart]

The hon. Gentleman makes my point for me. Constitutional uncertainty is potentially dangerous for the economy, although I am sure that you would rule me out of order, Mr Deputy Speaker, if I started to talk about the EU argument. The danger for Scotland is real, however. This ongoing uncertainty could be very damaging, not only for Scotland’s economy but for the economy of the whole United Kingdom. I am a fervent Unionist, and I believe that we are better together. The terms of the referendum must be clear and fair, and the result must be one that can be accepted. I wish that we could just get on and have the referendum as soon as possible.

[Several hon. Members]

rose—