Scotland Bill Debate

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Department: Scotland Office

Scotland Bill

Ian Davidson Excerpts
Monday 7th March 2011

(13 years, 8 months ago)

Commons Chamber
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Anne McGuire Portrait Mrs McGuire
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I understand now exactly where my hon. Friend is coming from, and I am sure that he would never have put forward that argument when he was a full-time officer of the National and Local Government Officers Association, but I will let that one stick to the wall.

There are all sorts of reasons why we should insist on an overnight count. Sometimes, we say that there is disillusionment in politics, but one area of excitement, even if it is only mini-excitement, is in waiting for the overnight count, and that is not just for apparatchiks and anoraks such as ourselves in the House. I think you would be amazed, Ms Primarolo, how many people like to listen and wait for election results to come in. Indeed, the figures show that.

Ian Davidson Portrait Mr Ian Davidson (Glasgow South West) (Lab/Co-op)
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May I confirm my right hon. Friend’s point about excitement? I remember wondering last Thursday, or in the early hours of Friday morning, “Will the Liberals come second or third in Barnsley, or will they come fourth or fifth?” But then, ecstasy of ecstasies, it turned out that they came sixth. The excitement built throughout the night, and that is why it is essential to have a count overnight.

Anne McGuire Portrait Mrs McGuire
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I could not agree more. I not only waited until the television report had nearly finished, but then went upstairs to listen to the result coming through on Radio 5, and then promptly fell asleep.

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Michael Connarty Portrait Michael Connarty
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I know a little about that, as my son lives in Australia, which has a totally electronically registered electorate who all must register and vote. He travels a great deal all over Australia with his job and finds absolutely no difficulty in voting, because he can pop into any electoral office in any town at any time up to three weeks before a ballot and cast his vote for the area in which he lives, so it is a very sensible system. It is surprising that we have not caught up with the technology. It would certainly be a great advantage if we did, as that might engage people much more in the ballot.

The idea that we had a problem because we counted overnight is wrong. Although those of us who soldiered on might not have been quite as excited by the process as my hon. Friend the hon. Member for Glasgow South West (Mr Davidson), it was clear to us that the muddle was created by there being two ballot papers. The other question relates to the training of returning officers, because I do not think that the returning officer I watched was competent enough to deal with the ballot, and some crazy errors occurred. For example, he did not tell a candidate who had lost in a council election going on at the same time that he had lost by one vote. The candidate did not discover that until the next day and so was not allowed a recount. Whether that was the result of incompetence, or just the fact that the returning officer was so fatigued that he wanted to get home to his bed and not have another recount in that crazy system running parallel to the Scottish election is another problem.

The hon. Member for Perth and North Perthshire (Pete Wishart) seemed to argue that at whichever level an election takes place—Scottish Parliament level or UK Parliament level—that level should have control over its own type of ballot. By that argument, local councils would be put in charge of their elections and allowed to decide all the things that have been argued for, including exactly who would be elected, how they would be elected and what the franchise would be. That is a nonsense. Presumably for Scottish Parliament elections it would be the First Minister who decides, certainly in the present Scottish Government, as only one person seems to make all the decisions in that Government. Those aspects must be determined by the level above that being elected. For example, the Scottish Parliament, quite correctly, controls the methodology for local elections, just as this sovereign Parliament, which set up the Scottish Parliament, should decide if it wishes to change that, possibly in negotiations. That is not saying that there is not a dialogue to be held, but the idea of putting it down does not make much sense.

Therefore, I support the amendment. As my right hon. Friend the Member for Stirling said, the important point is that when people put their ballot papers in the ballot box, they expect it to be transported securely to the place where they are to be counted. One of the reasons why that was set up for UK elections was to let people know that ballot boxes are not stored somewhere else where they might be tampered with, so there is no split between the process of voting and the process of counting. To push that back to the next day is to add to people’s cynicism about how elections are conducted and how the count comes out.

It is clear to me that the lesson we should learn from 2007 is that we should not have two counts on the same evening. Therefore, we should not have the two processes of electing representatives and choosing the method of election at the same time. That argues strongly against the Government’s proposal to have a referendum on a voting system on the same day as the Scottish elections, because that is asking people to postpone the count for the electoral amendment to the next day. It might be fine, because I think that it will be the great yawn of the century—I can just see people getting as excited as my hon. Friend the Member for Glasgow North about exactly what little deviation in the electoral system they will be allowed in the process of choosing which system to use.

Ian Davidson Portrait Mr Davidson
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Will my hon. Friend give way?

Michael Connarty Portrait Michael Connarty
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I have startled him into an intervention.

Ian Davidson Portrait Mr Davidson
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My constituency is Glasgow South West.

That was not a deviation. Was it not a major result? One of the country’s governing parties came not even second in a by-election, and not even third. If I remember correctly, it was not even fourth or fifth. [Laughter.] It is indeed laughable that it came sixth. I believe that it beat the Loonies, but only barely because there was some blurring at the edges. Is that not worth being excited about?

Michael Connarty Portrait Michael Connarty
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Obviously, my hon. Friend is the Member for Glasgow South West, and I do apologise to my hon. Friend the Member for Glasgow North (Ann McKechin), who has offices across the corridor from me. I should really remember that.

A change to AV would not have helped the Liberal Democrats in that election, and any such change will probably not help them in the future, either. The point that I am trying to make is a very serious one, however. To have two different ballots, a referendum on a voting system and a vote for an elected chamber, is to mix up the purpose and focus of the electorate on that day, but that might be the reason behind it all. The possibility of not coming sixth and getting a few votes as the minor party in the coalition might be the reason for holding the two ballots on the same day, but that certainly argues for splitting the process. In the proposals before us, we say that the count for the Scottish Parliament should take place overnight, which is quite correct—and basically no one really cares what happens to the referendum.

Ian Davidson Portrait Mr Davidson
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We have to ask ourselves a fairly simple question about when the count is held: for whose convenience are elections run? There is a view, very strongly held, that elections are run for the convenience of returning officers. I do not take that view; I tend to think that people generally want elections run for their convenience. A tradition has developed over a long period, whereby those who do not follow an election overnight wake up in the morning and hear the result, and I see no good reason why we should not make that stipulation. Of course professionals and those who are competent at, and have experience in, running elections should have a say in how polls are carried out, but they should not be the tail that wags the dog.

That is one of the issues, however, because if we have an election management board, with the role of the Electoral Commission being brought into question, it must be under democratic control; it must not be self-employed and able to set its own rules according to its own convenience, because its view of what is best will often be determined by self-interest.

I understand, however, that the Government are about to announce a change in the rules about the announcement of by-elections, so that when the Government, particularly the minority governing party, have a successful result along the lines of that in Barnsley, it will be announced some two days after hell freezes over. That does not seem to be an appropriate outcome. Not only did the junior partner in the coalition—this cuts coalition—come sixth; it has been suggested that it came sixth only because the Scottish National party was not standing, and that support for the SNP in Barnsley would have been far greater than that for the Liberals. I can understand that.

I was interested to see that the UK Independence party—basically the British National party with suits—beat the Conservatives, which again tells us something significant. People do find that quite exciting and stimulating. I want to ensure, however, that the Government’s position is that two ballots should not be conducted at the same time, because, unless the Government change their mind, the Scottish Parliament elections and the AV referendum will be held on the same day. I hope that we can secure the commitment that they will be counted separately, because most of us want to see the Liberals get a kicking twice, and it would greatly spoil our enjoyment if the results came out at the same time. People in Scotland want to be able to say no to separation, no to cuts, no to the coalition and no to AV, and they need the announcements to be clearly separated.

Finally on the issue of delay, I am old enough to have read about John F. Kennedy’s presidential election. The result turned on Illinois, and in Illinois the result turned on Chicago. Chicago, despite being an urban area, was about the last area to announce its vote, because the Democrats held the results back until they found out how many votes they needed to win that state and, hence, the American presidential election. Thankfully, we have always been free of any such suggestion in this country, but it will be considered a possibility if there is any undue delay. It is therefore important to proceed with the count as quickly as possible.

I would like to remind people of the excitement that they, too, felt when they heard the result of the Barnsley by-election. I do not know whether I have mentioned this, but the junior partner in the coalition did not come anywhere close; in fact, it was sixth. I do not have the figures with me, but I suspect that it was only the votes of a couple of households, and the fact that the SNP did not stand, that stopped it coming 10th out of nine candidates.

David Mundell Portrait David Mundell
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I welcome you to the Chair, Mr Evans. It is always a pleasure to follow the Chairman of the Scottish Affairs Committee. I thank the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) for his good advice, which, as he said, he garnered during his sentence at the Scotland Office.

While Ms Primarolo was in the Chair, Mr Evans, I tried to seek some guidance on the SNP position in respect of this Bill, because, as those of us who were present during its Second Reading will know, the SNP declared it to be unacceptable. However, I am afraid that that clarity was not forthcoming.

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It is not about the count on the night of 5 May 2011. I advise the hon. Member for Glasgow North and other Labour Members to come along and speak to Mary Pitcaithly later this week and reinforce the strength of feeling that exists for overnight counts for elections to the Scottish Parliament.
Ian Davidson Portrait Mr Davidson
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Does the Minister believe that it is right that elected Members of Parliament should have to lobby an unelected bureaucrat about the way in which the elections should be conducted? I appreciate that the change in the rule will not apply to this year’s elections, but it is unfortunate that we have got ourselves into a position whereby the best that the Minister can suggest is that we go along and lobby a bureaucrat, no matter how worthy.

David Mundell Portrait David Mundell
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The hon. Gentleman will recognise that since it was first suggested that few overnight counts would take place in Scotland for the election of 5 May, the number has grown significantly, partly because of the expression of public opinion. Today’s debate and some of the eloquent contributions that we have heard will further reinforce that. Passing the amendment this evening will not move the matter forward because it will have no impact on the count.

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Tom Greatrex Portrait Tom Greatrex
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Amendment 11 and new clause 7 are probing amendments regarding the potential for elections to happen on the same date. In the previous discussion, we heard a lot about the Gould report and the issues encountered in the 2007 Scottish Parliament elections. Ron Gould concluded that one of the primary problems was a combination of elections on the same date, and that has been implicitly recognised by the Secretary of State in some of his discussions about the potential clash arising from the Fixed-term Parliaments Bill. Despite the fact that there are a number of concerns, this issue has been included in the Bill not because of something that Calman deliberated on, but because of the Fixed-term Parliaments Bill going through Parliament. That would not, of course, be an issue if that Bill had proposed a four-year term, because a four-yearly cycle for the Scottish Parliament elections and a four-yearly cycle for the UK Parliament elections would mean that the elections would always be at different times. That is why we tabled the amendment. As every authority questioned by the Select Committees that have examined the issue has said, there is very little, if any, precedent for a five-year term, and a four-year fixed term is much more appropriate. That is why I raise the matter today. New clause 7 is also relevant to the potential problems created if an extraordinary general election for the UK Parliament were to take place under a coalition Government, for example.

Ian Davidson Portrait Mr Davidson
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Surely there is a logic to having a five-year term. If one part of the coalition has come third in a by-election and another part of the coalition has come sixth it, it is quite understandable that they are in no hurry to have an election.

Tom Greatrex Portrait Tom Greatrex
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The Secretary of State, who is no longer in his place, might well be thinking about how long he might be able to continue as Secretary of State, and what my hon. Friend says could well be one of the reasons for that stance. If we are in a position in which an extraordinary general election has to take place, new clause 7 would provide the opportunity to deal with it in a way that is appropriate for both the Scottish and the UK Parliaments and would save us from having to conduct both elections in the same year. It deals with the problem of confusing the issues of the two different elections and should help us to avoid the problems experienced in 2007, when having two electoral systems for different Parliaments at different elections caused some confusion. It is our responsibility to do what we can to ensure that people are made aware of how their elections work and to make those elections as straightforward as possible. That is the intention behind amendment 11 and the accompanying new clause 7, which deals with extraordinary circumstances.

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Pete Wishart Portrait Pete Wishart
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I will come to the issue of firearms, which is central to our amendment, in order that we can, in Scotland, have responsibility for firearms, as well as for air weapons, which are, as we all acknowledge, a significant problem in our community. It is important that we have legislative responsibility for all such weapons in Scotland so that we can make our own laws, not just in regard to airguns, but in regard to all serious weapons.

A fantastic campaign led to calls for Scotland to secure legislative competence for airguns, which we are doing today. It led to the Cabinet Secretary for Justice, Kenny MacAskill, writing to Jacqui Smith several years ago to ask that Scotland be considered as a pilot area for the licensing of airguns, and subsequently to a summit of all stakeholders to consider the problem in Scotland and propose a way of dealing with it. Many interesting issues were explored at that firearms summit. The Scottish Government went as far as publishing the necessary parliamentary order to transfer the power quickly so that they could start to deal with the issue in Scotland.

Why do we want legislative competence? I have explained why we think the situation in Scotland is different and why Scotland needs the power, but what we can do with it? This might satisfy the hon. Member for The Cotswolds about our intentions: it is not about trying to stop sporting events or getting in the way of the Commonwealth games. That is nonsense. They will go ahead. Many constituents of mine enjoy and participate in events with all manner of rifles and I have no problem with that.

The power would allow us to examine the issue seriously. The intention is to put together a Scottish firearms consultative panel involving all the key stakeholders to establish a range of views on the issue. One of its first tasks would be to develop and consider the merits of a pilot licensing scheme for air weapons. This would enable the Scottish Government to test the practicalities of air weapon licensing. It would also test whether air weapon licensing can operate effectively without wider reform of the firearms legislation. A pilot could take place in one or more areas in Scotland.

Our strong view, as I said to the hon. Member for Linlithgow and East Falkirk (Michael Connarty), is that air weapons are only part of the story when it comes to dangerous weapons in Scotland. At the firearms summit in 2008 there was clear agreement that the current firearms legislation is not fit for purpose. Something must be done to improve the situation. It needs to be comprehensively reviewed. I accept that a review is taking place and we will wait to see its conclusions, but we need action. If that cannot happen at UK level, and if the legislation is not satisfactory, we insist that firearms legislation control be handed to the Scottish Government so that we can make our own decisions about this critical issue.

Ian Davidson Portrait Mr Davidson
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The hon. Gentleman speaks about dangerous weapons. As he knows, more people are killed in Scotland by knives than by guns of any kind. Since its inception, the Scottish Parliament has had full control over knives, yet that problem has not been resolved. Will he clarify for me why he has such touching faith that simply transferring control over air weapons to Scotland will resolve the matter, when having full power over knives has not done so?

Pete Wishart Portrait Pete Wishart
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I am grateful to the hon. Gentleman for raising the topic of knives. I am sure he would be the first to congratulate the Scottish Government on reducing the number of knife-related incidents in Scotland in the past few years. It is a remarkable achievement that in four years of SNP government, we have made real progress in reducing knife crime significantly.

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Alan Reid Portrait Mr Reid
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We would end up with a much worse situation than the position whereby all professions were regulated UK-wide. The latter makes much more sense. I understood from the answers that the hon. Member for Perth and North Perthshire gave to interventions that he wants all health care professions to be regulated separately in Scotland from the rest of the UK, although I note that the SNP has not tabled an amendment to that effect. It would lead to a strange situation, which would not benefit patients.

Ian Davidson Portrait Mr Davidson
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Surely the hon. Gentleman is in error to suggest that SNP Members did not articulate the fact that they want all the professions to be separately registered in Scotland. The spokesman said that he wanted doctors and dentists to be regulated separately in Scotland—even more evidence that he is a bad man.

Alan Reid Portrait Mr Reid
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The hon. Gentleman is perfectly correct—[hon. Members: “Oh!”] I did not say in what he was correct. He was correct when he said that the hon. Member for Perth and North Perthshire stated that he wanted all professions regulated separately in Scotland. However, my point was that SNP Members have not tabled an amendment to that effect, which I suspect indicates that even they lack confidence in their case.

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Alan Reid Portrait Mr Reid
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I agree with the hon. Gentleman on cross-border traffic, which is important, but he gives SNP Members more credence than they deserve. They did not actually table an amendment—they did not put that amount of work in—and are simply opposing the Government. If the hon. Member for Perth and North Perthshire had been consistent, he would have tabled a new clause to the effect that all health professions would be regulated separately in Scotland, but he did not bother to do so. He is simply opposing a sensible Government measure.

I meant to speak for only a minute or two, but all those interventions took up quite a lot of time. I conclude by reminding the hon. Member for Glasgow South West (Mr Davidson) that in the Henley by-election, the Labour party were fifth with a lower share of the vote than the Liberal Democrats got last week.

Ian Davidson Portrait Mr Davidson
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Is it appropriate at this point to mention that fifth is actually higher than sixth? I have been approached by a number of Members in the Lobby who have told me that the Liberal Democrats came sixth only because the SNP did not stand—

Lindsay Hoyle Portrait The Chairman of Ways and Means (Mr Lindsay Hoyle)
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Order. I think we both know that this is not quite a part of the clause 13 stand part debate. If what the hon. Gentleman is saying is not part of that, I call the Minister.