Draft Scotland Clauses

Ian Davidson Excerpts

Thursday 22nd January 2015 Commons Chamber

[David Mundell]

I absolutely agree with my hon. Friend, and I think that most people in Scotland would agree with his sentiments. However, it is always important to make it clear in such discussions in this Parliament, in case they are misrepresented, that this is a stand-alone package of measures that will be implemented regardless of where the debate in England, Wales and Northern Ireland goes.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

May I ask the Minister about pensions and benefits? Will he confirm that, under the Smith commission’s proposals, although the pensions system is being reserved, which will provide a floor level for pensioner income in Scotland, things like the winter fuel payment are being devolved, which will effectively allow the Scottish Parliament to double pensioner incomes in Scotland, if it is willing to pay for it? Similarly, will he confirm that the Scottish Parliament will be able to increase every welfare benefit in Scotland through the use of discretion, should it wish to do so, because some benefits are being devolved entirely and those that are not being devolved will have a floor level set by the United Kingdom, meaning that it will be entirely up to the Scottish Government whether they wish to make the money available to double, treble or quadruple any of those benefit levels?

[David Mundell]

I agree with the hon. Gentleman. If he refers to pages 50 and 49 of the Command Paper, he will find a good summary of the benefits for which full responsibility will be devolved to the Scottish Parliament, and of the measures related to universal credit. Although universal credit will remain reserved, as was agreed by all five parties to the Smith commission, the housing element will be subject to Scottish Government engagement.

The hon. Gentleman is right that with their new powers, the Scottish Government will now have a responsibility and will need to explain whatever decisions they take to the people of Scotland.

Smith Commission

Ian Davidson Excerpts

Thursday 27th November 2014 Commons Chamber

[Mr Carmichael]

Speaking for myself, I always have been a federalist. Indeed, I understand that I can now count on the support of the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) in that aspiration. May I also recognise the pivotal role that my right hon. and learned Friend took in the formulation of my own party’s proposals? His commission was the first intervention in this debate, and it very much established the tone and set the bar at a level that others felt it necessary to clear. Ultimately, a federal structure is what this country needs. It works perfectly well—in fact it works much better—in countries around the world. Clearly, it will take time. What we are about here today is delivering in the here and now on the pledge that we made in the referendum.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

I seek clarification from the Secretary of State as to whether the support of the Smith commission was unanimous. If that is the case, great credit is due to the Greens and to the SNP in particular for being willing to sit down and collaborate with the Liberals, the Conservatives and Labour to find something around which we can all agree. I hope the right hon. Gentleman agrees that if we have had unanimity in producing the report of Smith, we now must have unanimity in implementing it.

[Mr Carmichael]

That unanimity is important. I understand that that was the basis on which the agreement was made. Unfortunately, given the tone of some of what we have heard today, John Swinney, who by all accounts performed a significant role in the commission, has not been able to bring everyone in his party with him. That is to be regretted.

Oral Answers to Questions

Ian Davidson Excerpts

Wednesday 2nd July 2014 Commons Chamber

[David Mundell]

I will most certainly take on board what the right hon. Gentleman says on his behalf and that of his colleagues. I am sure that everybody would welcome the opportunity to fly over the sea to Skye.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

Does the Minister agree that those who are using that fund to fly from London to Dundee later this week in order to see the launch of the aircraft carrier will be able in two different ways to see the strength of the United Kingdom?

[David Mundell]

Absolutely. The hon. Gentleman will have heard the Secretary of State highlight the importance of the flotation of the aircraft carrier on Friday, which will be a very important moment not only for Scotland, but for our whole United Kingdom.

Oral Answers to Questions

Ian Davidson Excerpts

Wednesday 7th May 2014 Commons Chamber

[David Mundell]

I certainly do not live in the universe that the SNP inhabits. It has not given us a single detail of how a welfare system would operate in Scotland. Indeed, in the 670 pages of the Scottish Government’s White Paper, there is just one reference to the establishment of such a system. The SNP set up a commission, but we have heard nothing from it, so I am afraid that I shall take no lessons from the hon. Lady.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

Does the Minister accept that, now that the Scottish Government have been given the powers for which they asked in relation to discretionary housing payments, there is no reason why they should not first cancel all the bedroom tax for this year, and then write off all the debts that were incurred last year? In order to ensure that no moral hazard is involved, should they not do as the Scottish Affairs Committee has asked, and refund the money that Scottish people paid last year in bedroom tax?

[David Mundell]

I understand that a statement is to be made about the matter in the Scottish Parliament today, and I am sure that the hon. Gentleman’s colleagues will raise those very points with the Scottish Government.

Oral Answers to Questions

Ian Davidson Excerpts

Wednesday 19th March 2014 Commons Chamber

The Secretary of State was asked—

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

1. When he plans to respond to the fifth report from the Scottish Affairs Committee on the Crown Estate, HC 889.

[The Secretary of State for Scotland (Mr Alistair Carmichael)]

I welcome the Committee’s continued interest in the Crown Estate’s activities in Scotland and the publication of its latest report. I am working on the UK Government response with colleagues in HM Treasury and we will publish it as soon as possible.

[Mr Davidson]

Does the Secretary of State agree that this is indeed a fine report, which should be accepted in full by the Government? In particular, does he accept the proposal that the devolution of powers from London should be not simply to the black hole that is Edinburgh, but to the local communities and authorities of the highlands and islands of Scotland?

[Mr Carmichael]

I pay tribute to the hon. Gentleman because, under his stewardship, the Scottish Affairs Committee has become one of the most productive Committees in the House. He knows that I have a particular interest in this issue. He highlights one of the real challenges facing us. People in our island and coastal communities have seen power and influence systematically stripped away by the Scottish Government since they took power in 2007. I do not see any particular attraction in replacing a centralised system from London with a centralised system in Edinburgh.

Oral Answers to Questions

Ian Davidson Excerpts

Wednesday 5th February 2014 Commons Chamber

[Mr Carmichael]

That is absolutely the case. Scotland has a tremendous opportunity to contribute to the growth of renewable energy as part of the United Kingdom, but that will take subsidies that come from consumers’ bills, the cost of which is spread across the whole nation, not simply the households of an independent Scotland. It would be madness for the renewable energy industry to support Scottish independence.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

5. How many cases of non-payment of the minimum wage have been detected in Scotland since 2010; how many such cases have been prosecuted; and how many employers have been named and shamed for non-payment.

[The Parliamentary Under-Secretary of State for Scotland (David Mundell)]

While there have been no prosecutions or naming and shaming of businesses for non-payment of the minimum wage in Scotland since at least 2007, a revised scheme came into effect on 1 October 2013 making it simpler to name and shame such employers. I urge anyone with information about such an employer to use that scheme.

[Mr Davidson]

I note that the Minister did not tell us how many instances of non-payment had been detected. At a time of economic difficulty, it is a scandal that people are being exploited by being paid less than the national minimum wage. The policing of the Act ought to be much strengthened, then there ought to be vigorous prosecutions and harsh punishments, and there certainly ought to be naming and shaming. Will the Government agree to co-operate with any investigation that the Scottish Affairs Committee—with its full complement of members, I hope—conducts into this matter?

[David Mundell]

I recognise that the Committee has done much valuable work in this area, and of course we will continue to work with it. In Scotland, prosecutions are a matter for the Lord Advocate, but I am sure he will have heard the hon. Gentleman’s contribution this morning.

Oral Answers to Questions

Ian Davidson Excerpts

Wednesday 18th December 2013 Commons Chamber

[Mr Carmichael]

Not only do I agree with my hon. Friend on that point, but I believe that the energies of the Scottish Government would be much better served if they were devoted to dealing with the implementation of those highly complex tax changes, which are due to come on stream in 2016, rather than running around and setting up scare stories of that sort.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

Is the Secretary of State aware that what we have seen today is the launch of separatists for Barnett?

[Mr Carmichael]

I could not put it better or more graphically myself.

Oral Answers to Questions

Ian Davidson Excerpts

Wednesday 26th June 2013 Commons Chamber

[Michael Moore]

I agree with my hon. Friend. I spoke to the Secretary of State for Environment, Food and Rural Affairs in the last couple of hours after his all-night negotiations in Luxembourg. He remains committed to a scheme that will ensure that farmers get as productive as possible. He wants a scheme that is regionalised for Scotland, and he is delivering that. We have an arrangement that, I hope, will be fair to farmers, fair to consumers and fair to taxpayers.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

Obviously the most important issue for my constituents is the future of the shipyards, which are threatened by separation, but they are also concerned about the fact that the common agricultural policy supplies public money to landlords who have surplus acres, while the Government fine tenants who are deemed to have surplus bedrooms. Is that fair?

Oral Answers to Questions

Ian Davidson Excerpts

Wednesday 24th April 2013 Commons Chamber

[David Mundell]

The right hon. and learned Gentleman is rightly always keen to promote his constituency interests, but he will be aware that that was one of the many projects that the Scottish National party said in opposition it would deliver—yet it does not seem to be on the agenda any more.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

Does the Minister accept that the Caledonian sleeper is a vital link between the Ministry of Defence in London and the shipyards on the Clyde? Does he accept that trade on the Caledonian sleeper will drastically reduce in the event that we have separation and the Clyde shipyards close?

[David Mundell]

What I accept is that if we were to have separation, there would be a great deal of uncertainty, and not just for the operators of the Caledonian sleeper service. As we saw yesterday, for example, those promoting independence have no idea what currency would be used in an independent Scotland, which will be a significant factor in creating additional uncertainty.

Constitutional Law

Ian Davidson Excerpts

Tuesday 15th January 2013 Commons Chamber

[Mr Darling]

I do not think that I was always party to the advice taken by my friend and former colleague Tony Blair, but I do remember something of the discussions, and the right hon. Gentleman is absolutely right: we are the best of friends as far as Better Together is concerned. We may have parted company on the single currency 10 years ago, but we probably would not do so now. We are all friends when it comes to the single currency, and who knows? That may even include the nationalists.

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

In respect of the single currency, I expect that my right hon. Friend, like me, welcomes the fact that the House is full of sinners who have repented.

[Mr Darling]

I fear that we are about to exhaust your patience, Madam Deputy Speaker, but my hon. Friend is probably right.

I think that in a contest such as this, the Scottish public will expect to see fair play. It would be unfortunate if, during those four months, the Scottish Government were allowed to spend money here, there and everywhere, with Ministers making announcements—and it is, after all, our money—while those on the other side were completely hamstrung. There are very strict restrictions on campaigns, on other political parties, and, as was pointed out by my hon. Friend the Member for Glasgow East (Margaret Curran), on trade unions, voluntary organisations, businesses and so on. I consider that to be unfortunate not because I want vast sums to be spent—in some ways, it is best to keep expenditure as low as possible—but because I think that we need to spend some money if we want a good turnout, and if we want to assuage people’s thirst for information.

--- Later in debate ---

[Mr Ian Davidson (Glasgow South West) (Lab/Co-op)]

I speak to the report of the Scottish Affairs Committee on the subject. I welcome the fact that we have reached this stage and that we are having a referendum. The Committee makes clear our view that the Edinburgh agreement was reached by compromise and consensus between Scots at Westminster and Scots at Holyrood. We congratulate both teams.

It is noticeable that the agreement has been made by Scots, not just between the two Parliaments. Much congratulation has been given to the Secretary of State, but kind words are due to the Under-Secretary of State, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), who also played a role in the exercise, and to their teams who constructively engaged throughout. In the same spirit, the Deputy First Minister, the Business Manager of the Scottish Parliament and their teams should be congratulated too.

The deal was reached by a process of collaboration, discussion and debate. It demonstrates that even though the two sides are far apart on the principle of separation, they were none the less able to come together to debate and agree the best way forward procedurally. That is important.

The Committee takes the view that it is right in principle that the practical details of the referendum be handled in the Scottish Parliament. Once our report was published, I read comments from a member of the SNP, who said that it was grudging. Our report is not grudging about the process; we believe it is right in principle that the procedural details be agreed in the Scottish Parliament, but with that power comes responsibility. The referendum will be Scotland’s shop window on the world, so it has to be handled with pride and probity. We have heard from SNP Members that it will meet the gold standard for election conduct. I hope that is true. As we said, we fear the worst but hope for the best.

We need to look at how agreement about the process will be handled in the Scottish Parliament. The Scottish Affairs Committee may diverge from some of my colleagues on the role of the Electoral Commission. In line with how the deal in Edinburgh was reached, we take the view that the best possible option is for the two campaigns themselves to come to agreement. It is better that the participants in the referendum reach agreement on all the procedures. If that fails—if it is not possible—it will be appropriate for the Electoral Commission to play a role.

The title of our report asks, “Can a player also be the referee?” We have some doubts about whether a player active on behalf of only one side can be trusted to set fair rules for something as crucial as the referendum. If consensus cannot be achieved, we want the impartial Electoral Commission to guide us as to what should be decided.

The third and worst option—below consensus and below the Electoral Commission: at the very bottom—would be the pursuit of factional advantage, which could be described as the “aggregation of marginal gains” by the majority with control in the Scottish Parliament and who dread defeat. The point has already been made that the Scottish Government control the Scottish Parliament and they are both the creatures of the SNP. There is genuine fear that at every stage of the process, they will seek to shave advantage, steal inches and make marginal gains on the principle that mony a mickle maks a muckle—that is a test for Hansard.

It is important that scrutiny of the section 30 order and its implementation does not end with its passage through the House. Those of us who are elected by Scots in Scotland, such as my parliamentary colleagues and me, must remember that we represent a larger number of Scots than Members elected to the Scottish Parliament, as turnout in our election was at least 10% higher. If anybody can claim the right to speak on behalf of Scots in Scotland it is us.

We began our investigation by seeking to clarify where power lay for the determination of the rules of the referendum. It is clear and, I think, universally accepted that as of now the Scottish Parliament does not have the power to hold a referendum. Until recently, the Scottish Parliament was unwilling to accept that and prevaricated for a long time over calls for a second question, which it has now abandoned. That prevarication and procrastination delayed both the introduction of the order and the legislation that will come under it, and thus the referendum itself.

It is now clear that the Scottish Government accept that the Scottish Parliament does not have the power to run a referendum or to determine the rules, and that they can only conduct a referendum to dissolve the United Kingdom if the necessary powers are granted to them. When granting such powers, especially as we will no longer have an influence on how they are conducted, we have a particular responsibility to satisfy ourselves not only that the correct powers are being transferred but that they will be used in accordance with the agreement between the Governments, which is related to the order.

I welcome the fact that much is made in the order of the role of the Electoral Commission. Guidelines are set and there will be no second question. There is a deadline for the length of time that the process can run. The Scottish Parliament can and will be held to account, not only by MSPs but by the people of Scotland on the extent to which it abides by those rules. The Committee and I particularly welcome the fact that the statement accompanying the section 30 notice expressed the view that arrangements should meet

“the highest standards of fairness, transparency and propriety, informed by consultation and independent expert advice.”

That is an exceedingly high standard, and I hope that the Scottish Government and the Scottish Parliament will live up to it.

[Mr Donohoe]

My hon. Friend is making a powerful argument on the need for the Scottish Government to give some form of assurance to the Scottish people as to whether they will accept the position of the commission.

[Mr Davidson]

I will come on to that, because we want to place on record our unanimous view as a Committee. That is important, because the membership includes many people who disagree about many things, but there is unanimity on the fact that a referendum will take place, and we very much welcome the steps taken to bring that about. We are of the view, and we wish to make this explicit, that the question of Scottish separation or independence is something that only the Scottish people can decide. Whatever their views, people in the rest of the United Kingdom must be bound by that decision. If, on the other hand, the Scottish people confirm that they wish to remain part of the United Kingdom, we echo the words of the First Minister, who said that the question of separation should be regarded as firmly settled for a generation or more.

Translating the question of “Made in Scotland” into the detail, we think that it is right that the legislation should be introduced in the Scottish Parliament, which will determine the timing and the franchise, subject to the involvement of the Electoral Commission. The wording of the question and the administration of the referendum will be decided by the Scottish Parliament. We do not accept, as I said earlier, the self-serving argument made by the Scottish National party that the Scottish Parliament already has those powers, and that in some way it and it alone has the right to express a view. In the interests of transparency and fairness, and in the interests of devolution, for which many of us here have spent a long time fighting and arguing, we believe in principle that the Scottish Parliament is the appropriate place for those to occur.

We strongly believe that transferring those powers to the Scottish Parliament makes it essential to deal with the issue of losers’ consent. Those who lose the referendum cannot turn round and say that they were cheated if they were responsible for drawing up the rules. There is a heavy burden on the SNP to accept the fact that it cannot subsequently complain that the rules were drawn up unfairly. It cannot cry, “We wuz robbed” if it was responsible for drawing up those rules. With the transfer of that power comes the responsibility to accept the result, as we have said, for a generation or more.

The question of how those powers are exercised brings me back to the aggregation of marginal gains, and the SNP’s intention to seek to gain partisan advantage from every aspect of the referendum process. It has been given the opportunity to twist the rules, and unfortunately it is our expectation that that is what it will try to do. It is difficult for any party in those circumstances to be both a player in the game and to try to exercise the role of a neutral referee, which is why we are of the view that, ideally, consensus should be reached on the rules and regulations. Failing that, the role of a neutral referee is essential.

We are concerned about the timing of the referendum. The Secretary of State said that the process was initiated by the UK Government, who produced a timetable that demonstrated that it would be possible to hold a referendum in 2013. Even though Scottish Ministers in the Scottish Parliament have promoted a referendum on independence since 2007, they failed to introduce a referendum Bill in the Scottish Parliament between 2007 and 2011. The Scottish Government were elected with an overall majority in May 2011, but showed no interest in promoting their core policy until the UK Government issued a consultation document in January 2012. Since then, the Scottish Government have taken every possible opportunity to delay, and they intend to delay the referendum as long as possible in 2014. We very much welcome the fact that the UK Government insisted that the referendum could not be delayed beyond the end of 2014, although we believe that that is unduly long, and that the referendum could and should be held much sooner.

We see no reason for delaying the referendum until the end of 2014, except for perceived partisan advantage. The referendum will be timed to take place after the anniversary of the battle of Bannockburn, which is celebrated mainly because Scots slew large numbers of English people, and after the Commonwealth games in Glasgow. The fact that those events will take place before the referendum gives people the opportunity to celebrate the politics of identity and ethnicity. We thought that Scotland in the 21st and 22nd century would be looking forward, and would be progressive and positive. Celebrating the murder of hundreds or thousands of English people does not necessarily provide the best base on which to move forward. The timing of the referendum to celebrate that ancient battle gives entirely the wrong message to the world about the spirit motivating modern Scotland.

Not only does the delay cause general inconvenience to business and uncertainty but, in relation to the shipbuilding industry in my constituency, it puts a substantial number of jobs at risk by conflating the timing of a referendum with the timing of major orders. We are about to produce a report that will show the difficulties for the future of the shipyards caused by the timing of the referendum. We hope that the Scottish Parliament will take that into account and decide to bring the referendum forward so that it is held much earlier than the end of 2014. We think that the delay has been imposed purely for partisan advantage, and we can see no other logical reason for it, and we condemn undue delay.

[John Robertson]

My hon. Friend represents part of the Clyde—I represent the other part—so he will know how important it is to achieve stability when documents on the future prospects of our Navy are being drawn up as we speak. We need to make sure that the Clyde produces the kind of ships in future that it has in the past. The prevarication that we have seen will cause exactly the opposite result, and means that people are looking at other areas in which to build ships.

[Mr Davidson]

I agree. My colleague is in a similar position to me, and that is why as a local constituency Member I am enthusiastic about promoting the notion that, as referendum results will be counted constituency by constituency, if my constituency votes to remain part of the United Kingdom it should be allowed to do so, in order that it can continue to gain shipbuilding orders from the United Kingdom. We are prepared to enter into an alliance with Orkney and Shetland so that we can have oil and ships and those other matters. Whether or not other people wish to join that alliance I will leave to them. [Interruption.] Well, we have received approaches from other constituencies, saying that home rule for Govan and surrounding areas linked with the rest of the United Kingdom should be encouraged. I am confident that, certainly in my constituency, we will have a no vote in the referendum.

[Mr Kennedy]

The Chair of the Select Committee makes an intriguing argument, which I have heard him make before. How does that sit alongside his argument that as good democrats the SNP must accept the result?

[Mr Davidson]

I will accept the result, and if the result is that my constituency votes to remain with the United Kingdom, it should be allowed to do so. What better way is there of accepting the result? If we vote to remain with the United Kingdom and are allowed to do so, we would not contest the result in any way. I hope that has the merit of clarity.

I return to my role as Chair of the Select Committee and the question of the franchise. Properly, as I indicated earlier, this is a matter for the Scottish Parliament to determine, although we are uncomfortable with the fact that using the electoral register for local government means that EU citizens who are resident in Scotland but are not British citizens will not be able to vote in a British general election, but will be able to vote to break up the United Kingdom.

That is an anomaly with which we are not happy. It means, among other things, that somebody who arrived, say, from eastern Europe a couple of weeks, virtually, before the last registration date will be able to vote, whereas somebody who has lived in Scotland all their lives and has temporarily gone down to England or abroad might not be able to do so. We think in principle that those who have strong ties, commitments and loyalties to Scotland should be able to vote in the Scottish referendum. We have expressed that view. In line with the spirit of devolution, however, we want to leave it to the Scottish Parliament to determine exactly how that is handled.

[Jim McGovern]

As my hon. Friend knows, I am also a member of the Scottish Affairs Committee. Does he find it somewhat odd that the former England football captain, Terry Butcher, will be entitled to vote in the referendum, but Sir Alex Ferguson will not?

[Mr Davidson]

Indeed. These are anomalies and the Scottish Parliament has to show its maturity by being prepared to tackle them. There are no ideal answers in these circumstances. We must recognise that many of these issues are difficult and I will return to some of them, if I can.

The first issue that we want to tackle is that of 16 and 17-year-olds. This is properly an issue for the Scottish Parliament to handle. However, it is essential that the Scottish Parliament makes sure that if 16 and 17-year-olds are able to vote, they all are on the register. I recognise that there will be organisational difficulties. Administratively, the problems will be extreme. I am not entirely clear how we are going to avoid a situation where, potentially, 14-year-olds are registered.

[Margaret Curran]

I note that the Chair of the Scottish Affairs Committee is reporting to the Chamber the findings of the Committee, which has gained much respect for the work that it has undertaken. Does my hon. Friend share my disappointment that we are listening to him without the presence of any SNP Members to hear him? That is disrespectful to the Committee.

[Madam Deputy Speaker (Dawn Primarolo)]

Order. With respect to the hon. Lady, it is entirely up to hon. Members to decide which speeches they listen to, if they are not waiting to speak. Members in the Chamber may draw their own conclusions, but it is not a matter of order.

[Mr Davidson]

Indeed, it is not a matter of order. It is a matter of common decency, politeness and politics. Because the SNP does not control the Scottish Affairs Committee, SNP Members have decided to truant. They absented themselves from the Committee earlier on and have said that they will not come back until the Committee Chair is replaced by someone whom they favour more. The Northern Ireland Assembly does not decide who should chair the Northern Ireland Affairs Committee, the Welsh Assembly does not select the Chair of the Welsh Affairs Committee, and we should not have a situation where the Scottish Parliament selects the Chair of the Scottish Affairs Committee.

We cannot have a situation where a party, which originally did not seek a place on the Scottish Affairs Committee and got one only because the Conservative party was prepared to give up a seat for it, then demands that everything changes. That is regrettable but not surprising. It calls into question the genuineness with which the SNP is approaching the whole exercise in relation to the referendum. We have got responsibility and agreement on the section 30 notice. Now will come the issue of implementation. Will it be done on a sectarian and partisan basis or will it be done in accordance with the interests of Scotland as a whole? We wait with interest.

[John Robertson]

I thank my hon. Friend and neighbour across the water. Does he agree that perhaps the word that is missing here and in many other places is “trust”? For example, trust in what will be done in Edinburgh where, as I have mentioned on several occasions, bullying takes place. We see it in other areas. I am sorry to say that this is another example of the SNP’s bullying—in this case, of my hon. Friend. I am pleased to see him stand up against that. It is important that we trust the Scottish people and the Scottish Government. Does he agree?

[Mr Davidson]

We certainly have to trust the Scottish people. They are sensible enough to recognise that the SNP is unwilling to engage in debate. It is worth pointing out that at the establishment of the Scottish Affairs Committee, two SNP Members who had previously been on the Committee refused to participate because they found themselves being ridiculed and their arguments destroyed at every turn. They had had enough so they decided that they did not want to come back any more. That is understandable. Nobody likes being defeated in arguments, but it is rather petty and juvenile for them to take their ball and go home.

[Mark Lazarowicz]

It is surely also fair to suggest that the total absence of SNP Members from this debate, which has been attended by Members from all other parties in the House, indicates that we are entitled to question how far the SNP will indeed listen to our view in the debate about the order when it goes to the Scottish Parliament. Does my hon. Friend agree that it would be good if the SNP Members returned to the Chamber?

[Mr Davidson]

That is correct. How can they claim that they are willing to take all points of view into account if they are not willing to hear them? They withdraw from the Select Committee and from the Chamber when views are expressed that they do not like. I hope my colleagues will in future see it as a badge of honour if their remarks result in the SNP departing from the Chamber. They are obviously raising points that SNP Members feel cannot be refuted.

Let me make progress. We do not want to spend our time obsessing about the SNP truanting when there are important topics to be discussed. The Committee raised the issue of 16 and 17-year-olds and the difficulties of making sure that they are on the register. The Scottish Government and the SNP have had a long time to work through the procedures for that but have not done so adequately. In our view it will not be sufficient for only attainers to be given the vote in the Scottish referendum—those who will attain majority during the period of the register. It will be necessary to make sure, as promised, that everyone who is 16 or 17 years old is on the register.

I return to the point made by my hon. Friend the Member for Dundee West (Jim McGovern), who serves with distinction on the Scottish Affairs Committee. It is true that not only will Terry Butcher be able to vote and Alex Ferguson will not, but according to the Team GB information that we have, of the 11 Scottish Olympic medallists, only one is reported to be resident in Scotland. If people are good enough to represent Scotland at the Olympics and win medals on Scotland’s behalf, one would have thought that the rules would be sufficiently flexible to allow them to participate in the referendum, and similarly with respect to members of the Scottish rugby team and members of the Scottish football team. We can understand why those people might not want to be publicly known, given the recent results, but none the less, if they are selected to represent the country, one would have thought that they would at least be given the opportunity to vote on whether or not it should be independent.

All that has to be tackled by the Scottish Parliament. In particular, we want the Scottish Parliament to look at the position of Scottish servicemen. Someone who signs up for the services has no control over where they are sent. There are three groups of service personnel—the valuable point was made earlier that this also applies to their families—who have no control over where they are sent.

The first group consists of those who are posted in Scotland. There will be no difficulty in them having a vote, because they will be registered in Scotland. Secondly, there are those who are sent to Germany or furth of—outside—the UK. Under the normal rules, they will be expected to have a postal vote or an absentee vote to allow them to participate in the referendum. Thirdly, those who are posted to England, Wales or Northern Ireland would usually be expected to register where they are based, so they would not be on the local government register in Scotland and, therefore, would not be entitled to vote.

I understand that all those who are in the UK armed services at present will, in future, be given the opportunity to transfer and join the Scottish defence forces, whether they be the army, the air force or the navy. If they transfer, they might be asked to lay down their lives for Scotland. In such circumstances, it seems appropriate that they be given the opportunity to vote on whether or not a separate Scotland should be established. That is perhaps the most clear example of the anomalies resulting from using the local government electoral register. We believe that the Scottish Government have a responsibility to address those issues.

[Mark Lazarowicz]

My hon. Friend was asked earlier about the position of Sir Alex Ferguson, who, as far as I know, has made his home on a permanent basis, at least for some years, in the Manchester area. Most Scottish troops who are posted abroad or elsewhere in the UK, however, are posted for only a few years. Most of them intend to come back to and reside in Scotland. Is not the key point that, for the most part, people are not leaving Scotland permanently but intend to return to the UK in due course? Someone who works for the European Union in Brussels can still register as a Scottish citizen and as an overseas voter for up to 15 years, but a Scottish soldier living in England cannot do so.

--- Later in debate ---

[Mr Davidson]

I think that there are excellent reasons why anybody who works for the EU in Brussels should be disqualified from voting on any subject, but that is a different issue. My understanding is that those working for the EU in Brussels would be entitled to vote in Scotland in UK elections for up to 15 years. That also applies to those who have retired to Spain and so on, but are not on the local government register.

Alex Ferguson plays a valuable role in my constituency as an old boy of Govan high school. I was going to say that he attends on a regular basis, but perhaps “visits” is a better term: I understand that his attendance was not that great when he was meant to be there, but I believe that it is a bit better now. He visits, give talks, participates and plays a constructive and positive part in the life of the school. It is clearly inappropriate that someone such as that, who has a lifetime commitment to Scotland, is not able to participate.

My hon. Friend the Member for Edinburgh North and Leith (Mark Lazarowicz) makes a valuable point about the extent to which service personnel are not given a say on where they will be posted. The same applies to many multinational companies, which post people abroad as part of their employment and career progression. It will be a test of the maturity of the Scottish Parliament to see whether it can find ways of squaring this circle and making sure that the electoral register is inclusive rather than exclusive.

Turning to the wording of the question, we have already produced, as Members present will be aware, a report asking, “Do you agree this is a biased question?” It was undoubtedly the case that every professional and expert with whom we discussed the issue and from whom we took evidence said that the question posed by the SNP was biased. The formulation, “Do you agree?”, is deliberately designed to elicit a positive answer. In such circumstances, I am distressed to hear the essentially weasel words of SNP spokesmen, who refuse to commit themselves to a fair question. There is some justification for what they have said, because I think that, in principle, the Scottish Parliament has to be supreme in these circumstances. However, there is absolutely no reason why the SNP as a political party should not have committed itself to accepting the advice of the Electoral Commission.

Given the hierarchy that has been mentioned, I would have thought that the best alternative is for the two campaigns to agree on the wording, and that the second best alternative is for everybody to accept the views of the impartial Electoral Commission, which has agreed to consider the matter in depth and to submit to the Scottish Affairs Committee not just its conclusions, but its working—as we used to be told in school exams, “Show working.” The commission will demonstrate how it has come to its conclusion. It will not simply spin a top, toss a coin or decide in an arbitrary fashion; it will produce a solution and demonstrate why it believes it to be the fairest one.

There is no reason whatsoever why the SNP as a political party should not commit itself to accepting that solution. I have some understanding of why the SNP would not wish to commit the Scottish Parliament irrevocably to that, because, theoretically, a distinction can be drawn between the Parliament and the Government on the one hand and the party on the other, but the parties involved in the Better Together campaign have given an assurance that they will accept what the Electoral Commission suggests, so I think we are entitled to regret the fact that the SNP has not done so, too.

[Mr Alan Reid (Argyll and Bute) (LD)]

The evidence that the Committee took from opinion poll experts was that the question is not just biased, but ridiculously biased, and that no self-respecting polling organisation would ever ask such a question. The Chairman of the Committee is perfectly correct and I hope that the Scottish Government will accept the advice of not just the Electoral Commission, but independent polling organisations.

[Mr Davidson]

The experts were absolutely clear that no self-respecting polling organisation would use such a biased formulation. To be fair—we have to be fair—they also argued, with some justification, that by the time of the referendum, people will generally know what it is that they are voting for. They will generally know what the question stands for and will be able to make a choice. However, if there is a marginal gain to be made, it should be removed. To come back to the mantra of British Cycling, which is about the aggregation of marginal gains, this is yet another example of the SNP seeking to make even the slightest advantage balance towards itself rather than the other side. This will not sway 50%, but it might sway 0.1% or a fraction of that. However, mony a mickle makes a muckle, as we are well aware, so in these circumstances each example that seeks partisan advantage is to be deplored.

The Committee says that

“the only deduction which can be made is that it”—

that is, the SNP and the Scottish Government—

“wishes to retain the capacity to amend the question so as to affect the result.”

That is the only conclusion that we can reasonably draw.

I have already covered the role of the Electoral Commission in most areas, but I want to touch on spending limits in particular. The Committee drew in a great deal of evidence on this, and we were convinced by that evidence that the ideal pattern would be for the two parties to agree and, failing that, for the Electoral Commission to decide. The Electoral Commission has come out with a view that is at variance with that of the Scottish Government. Notwithstanding that, the Committee and I still take the view that the spending that the commission would allow is too small.

[Lindsay Roy]

Can my hon. Friend confirm that the amount of spending to be allowed for the referendum is not hugely dissimilar from the amount permitted for the devolution referendum in the 1990s?

[Mr Davidson]

Yes. The amount that the Electoral Commission is proposing is similar to the cash amount that was allowed in the 1997 referendum, but as a result of inflation, its real value has halved. Our belief is that, for a regulated period of 16 weeks, the spending limits should be bigger. As I understand it, £750,000 works out at 1p per voter per week of the campaign period, and I genuinely believe that that is insufficient. The Scottish Government are suggesting that the figure should be even lower.

This is a good example of how those of us who are active in Scottish politics are free to disagree with the Electoral Commission’s initial proposals. We can campaign for it to change its mind, but, at the end of the day, everyone involved should say that they would commit themselves to accepting the commission’s decision if it does not change its mind. The Scottish Government are unwilling to do that, however. They have reserved unto themselves the right to impose their view—which is presumably what suits them best—on top of, or instead of, the Electoral Commission’s view.

[Fiona O’Donnell]

The order also transfers to the Scottish Government the power to decide who can make donations to the campaign. What is the view of my hon. Friend’s Committee on foreign donations being made to the campaign?

[Mr Davidson]

I will come to that in a second.

The Better Together campaign was unequivocal in saying that it would accept the ruling of the Electoral Commission. The yes campaign would not do so, however. It said that it would commit itself on whether to support the Electoral Commission only when it had heard what the commission’s judgment was. That also implies that it might not accept the judgment. Presumably, that position is based on self-interest.

My hon. Friend mentioned donations a moment ago. The clear issue is whether foreign donations should be accepted. Again, there is a difference between the campaigns and again I think that is based on perceived self-interest. The Better Together campaign has said that this is about the United Kingdom and that only people and organisations in the United Kingdom should be able to play a meaningful role by providing financial support. The yes campaign has said that it is prepared, in principle, to accept unlimited amounts of money in bundles of £500 or less from foreign sources. It has set up a front organisation in the United States that is designed to generate organisational support for the yes campaign and for separation. Some of those involved in that have made it perfectly clear, on websites and the like, that part of their function is to raise money for the SNP and its separation campaign.

Some people might have doubts about how much impact small amounts of up to £500 could have. When we took evidence from the True Wales campaign, which took the “no” side in the recent Welsh referendum, it said that virtually all its money had come from small donations. It was able to run an entire campaign almost entirely on small donations. Many of us will remember the publicity that was given to the Obama campaign and others in the United States—most notably, that of Howard Dean—which received a substantial amount of their money from a multiplicity of small donations. So even though the £500 limit might not appear to be a great deal, those donations could be significant when aggregated.

The major question of principle that needs to be addressed is whether the referendum in Scotland can be bought and sold with foreign gold—[Interruption.] I know that some people have heard that term before, but it is true none the less. Should the referendum be bought and sold with foreign gold? The SNP seems to have no scruples about that. However, those of us who are committed to the United Kingdom and to fair elections say that we should abide by the principle of PPERA and the guidance from the Electoral Commission. It is clear from the guidance and the spirit of PPERA, although perhaps not from the letter of it, that foreign money should not be involved in such referendums. Even at this late date, I hope that the Scottish Parliament and the SNP show confidence in their ability to raise money from Scots in Scotland and desist from taking foreign money.

[Jim Sheridan]

Does my hon. Friend agree that one of the nauseating things about some of the people who donate money to the SNP from abroad is that they live abroad to avoid paying tax, and yet they want to tell us in Scotland, who pay our taxes over here, how to live? That includes Sean Connery.

[Mr Davidson]

I do not wish to name individuals, but a yes campaign is being established in America and I understand the suggestion that Tax Dodgers for Separation is about to be established in Monaco. Whether people will sign up to that group publicly is not clear, but we will monitor carefully where the money is coming from. We want to be clear about whether the SNP intends to name people abroad—whether tax dodgers or not—who contribute to its referendum funds. It has not given an unequivocal statement on that, to the best of my knowledge.

The proposed regulated period is 16 weeks only. It is interesting to note that the Scottish Government and the SNP have accepted the advice of the Electoral Commission on that matter. They are therefore not opposed in principle to accepting the advice of the Electoral Commission. We can only assume that it suits them in the circumstances. The Select Committee has said that the rules that govern the regulated period with regard to openness on donations and finance should also govern the unregulated period. So far, the two campaigns have indicated that they are minded to accept that, but we do not have that down in blood.

In conclusion—[Interruption.] It is true, as is being said by Members from a sedentary position, that the SNP Members have not yet returned to the Chamber.

[Jim McGovern]

I am sure that my hon. Friend will agree that it is deplorable that the SNP Members are not here. Does he agree that the party that claims to stand up for Scotland cannot even turn up for Scotland?

[Mr Davidson]

Exactly. Equally, the party that claims to stand up for Scotland cannot even sit down and listen for Scotland.

Let me be clear: the Scottish Affairs Committee is positive about what is being proposed. We welcome the fact that there will be a referendum. We welcome the clarification that the Scottish Parliament will be given the legal powers to conduct it, whereas it did not have those powers before. We congratulate the Secretary of State and his team, including the Under-Secretary of State for Scotland, and those in the Scottish Parliament who brought the deal about.

We support the deal not only as a matter of principle; we support it because we recognise the essential need to obtain losers’ consent. If they have had a hand in setting the rules, those who lose the referendum will not be able to claim that they were robbed. However, with that responsibility comes the need to ensure that the rules meet the gold standard. We are exceptionally concerned that the right of the Scottish people to have a fair referendum will not be met by the SNP. Those of us who have been elected by people in Scotland must not now wash our hands of this matter, but should continue to campaign to ensure that the referendum is fair and that the Scottish people make sure that anybody who tries to rig the referendum pays a heavy political price.

--- Later in debate ---

[Mrs Laing]

I thank the right hon. Lady for her comments, but my understanding is that people who have two properties in different places can vote in different elections, especially those based on a local government franchise. That is what is wrong here. If this franchise were constructed for the purposes of our historic referendum, rather than as a local government franchise, the problem would be overcome. I am making a serious request: when the Scottish Parliament debates this matter, I urge it to consider giving a postal vote in the referendum to people who were born in Scotland but who are now registered to vote in other parts of the UK.

I welcome the Edinburgh agreement. We all believe in democracy. We in this House believe in the sovereignty of the people. It is right that our Parliament should give the Scottish Parliament the power to hold this referendum, and I look forward to the fight.

[Mr Davidson]

On a point of order, Mr Deputy Speaker. I wish to leave the Chamber, but I do not wish my departure to be interpreted as some sort of juvenile stunt. How can I achieve that?

[Mr Deputy Speaker (Mr Nigel Evans)]

We are going to miss you, Mr Davidson, but each of us will have to come to terms in our own way with your absence from the Chamber.

[Mr Davidson]

Excellent; thank you very much, Mr Deputy Speaker.