Constitutional Law

Ian Murray Excerpts

Tuesday 15th January 2013 Commons Chamber

[Margaret Curran]

I thank the right hon. Gentleman for his intervention, which affords me the opportunity to draw attention to the fact that those who opposed devolution—perhaps most strongly at some points—were those in the Scottish National party, which never participated on any multi-party basis to give Scotland the constitutional agreement that we now have. In fact, many of us who were prepared to work with others—and who demonstrated that we could do so—did, in fact, work in the best interests of Scotland.

The right hon. Gentleman also allows me to make the point—which I was just about to make—that we should heed the advice of Scotland’s first First Minister, Donald Dewar, who said in 1998:

“The…decade must not be one long embittering fight over further constitutional change. For me, the question now is what we do with our Parliament, not what we do to it.”

In these challenging economic times, perhaps we should focus our minds on the powers of the Scottish Parliament and question how they are being exercised at the moment. That, too, should occupy our energies.

[Ian Murray (Edinburgh South) (Lab)]

My hon. Friend has just mentioned the late, great Donald Dewar, who said that the decade from 1998 should not be a decade of stifling the Scottish Parliament, but since the SNP got a majority in that Parliament, has not its whole ethos indeed been stifled?

[Margaret Curran]

I thank my hon. Friend for that point. As a number of hon. Members present know, I served in the Scottish Parliament for 12 years. I was part of many of the exciting developments and changes it inaugurated, but it is with deep disappointment that I now see a Parliament that does not seem to have the proper opportunity to scrutinise the Executive who are part of that arrangement and who also seem to be significantly failing the Scottish people. Although I see constitutional change as a means to an end, I have never seen it as an end in itself. It would serve the Scottish people well if the Scottish Government focused on the work of serving the Scottish people and their interests, rather than just for ever furthering the goal of constitutional change.

--- Later in debate ---

[Ian Murray (Edinburgh South) (Lab)]

It is a great privilege to follow my right hon. Friend the Member for Stirling (Mrs McGuire). She has just given 10 minutes of a wonderful speech that welcomed the section 30 order and highlighted the dangers ahead of us. It is also a great pleasure to take part in the same debate as my right hon. Friend the Member for Edinburgh South West (Mr Darling). He gave a powerful and influential speech, which is why he is chair of the Better Together campaign. I can think of no one better to keep the United Kingdom together.

I want to reflect a little on the speech of the hon. Member for Penrith and The Border (Rory Stewart), who is no longer in his seat. He gave the House an historical canter through Scotland and its relationship with England, and spoke of how parliamentary Chambers and institutions hold people together and become the focal point of where people do things. It is worth reflecting that everyone in this Chamber who has an accent similar to mine or calls themselves Scots can go abroad anywhere in the world, to the four corners of the globe, and chat to people from different countries who think that Scotland is already a separate country because it has its own separate identity, dialect and history. Indeed, constitutionally, being part of the UK means that we can benefit as a country from being part of that Union, while also sharing the wonderful opportunities that having a separate identity as a nation and being Scots brings. We should reflect on that; indeed, the hon. Gentleman allowed us to do so.

Our consideration of this section 30 order is quite an historic moment, because when we pass it this evening—and when it is passed in the other place—it will go north to the Scottish Parliament, which will then have all the powers it requires to run the referendum on separation. I am pleased that that is happening today for a number of reasons, but mainly because it is this party—the Scottish Labour party—that is the party of devolution. As my hon. Friend the Member for Glasgow East (Margaret Curran), the shadow Secretary of State for Scotland said, one of the first Acts of the new Labour Government in 1997 was to bring forward the referendum to allow the people of Scotland to decide whether they wanted the Scottish Parliament.

[Sheila Gilmore]

One of the things I particularly remember is that we had a general election in May of that year and the referendum at the beginning of September—a piece of speedy action that the current Scottish Government could do with emulating.

[Ian Murray]

I am delighted that my hon. Friend and constituency neighbour has made that point. We should reflect on the fact—the hon. Member for Moray (Angus Robertson), the leader of the SNP in this House, mentioned this in his contribution—that the SNP has been in existence for 75 years pushing this constitutional point, but does not quite know the answers to the big questions now that they are being asked. With consensus from most Members in the House, the Labour Government were able to proceed with the referendum speedily and give the Scottish people their opportunity to decide whether they wanted a Scottish Parliament.

The process did not stop there, because it was those of us on these Benches—the Scottish Labour party—who delivered the Calman commission and the Scotland Act 1998. Devolution was always supposed to be a process. The 1999 commencement of the Scottish Parliament was never supposed to be the full stop in this constitutional journey, which has continued. Crucially, however, it has continued only under the Scottish Labour party. The Scottish National party has now taken control of the Scottish Parliament. What we have seen since 2007—although more so since 2011—is a party that has taken the wonderful institution that is the Scottish Parliament and turned it into little more than a talking shop for the ruling party, with commanding majorities on its scrutiny Committees. We have only to think about some of the Committees in this House to see how powerful that scrutiny process can be in holding the Executive to account. I can think of numerous occasions on which that has happened, including a Backbench Business debate in the House last week—prompted by a report from the Select Committee on Business, Innovation and Skills—that changed the Government’s policy on dealing with pub companies. That happened because of the power of the Committees in this House.

[Gemma Doyle]

Is my hon. Friend as concerned as I am that the Deputy First Minister has today written a blog piece, which is posted on a Scottish Government website—she has indicated that she will now do this regularly—in which she says that all Departments and parts of the Scottish Government are now working on a transition process? Is he as concerned as I am about the amount of public money—taxpayers’ money—that is now being spent on a political campaign when it could be used to tackle Scotland’s shocking levels of long-term unemployment?

[Ian Murray]

I am delighted by that intervention, because it shows the entire raison d’être of the current majority in the Scottish Parliament—a Parliament that was not designed for any one party to get a majority, as the right hon. Member for Gordon (Sir Malcolm Bruce) said. Now that the SNP has the trust of the Scottish people—who have given it a mandate through its majority in the Scottish Parliament—it is using all the power that has been bestowed on it to deliver constitutional change, rather than dealing not just with long-term unemployment, but with the absolutely shameful scenes of queues outside food banks such as in my constituency. I would rather that the entire effort of the civil service and the Scottish Parliament were focused on those issues, not just on dealing with the constitution. Many Members on the Labour Benches who talk to their constituents on the doorsteps realise that the issues out there are far wider than the constitution, which ranks very low down on the list of priorities of the people of Scotland.

The latest piece of devolution that we have in our hands today is the biggest question of all to be given to the Scottish people. Some have used the phrase, “a referendum made in Scotland”. This has to be a referendum not only made in Scotland, but by the Scottish people: not a referendum concocted by the First Minister and the SNP, not a referendum that is to deceive, and not a referendum that is unclear, ambiguous or a sham. That is why consensus in the Scottish Parliament is so important. In every major constitutional debate about Scotland in this House and in the other place under the previous Government, we sought consensus. Consensus is the way to take devolution work forward and to provide trust to the Scottish people.

The Select Committee on Scottish Affairs commented on that point in the report it produced last week, as the Chair, my hon. Friend the Member for Glasgow South West (Mr Davidson), mentioned earlier. I will not give a précis of that speech for the SNP Members who staged a walk-out when he was speaking. The Committee’s report concluded that while the Scottish Parliament will have full powers to run the referendum following the passing of the section 30 order, it should not just force through decisions using the SNP’s parliamentary majority, and consensus should be sought to make the referendum fair, concise and conclusive.

I worry about that aspect. Can we trust—here is another Scottish word for the Hansard reporters—the sleekit First Minister and the SNP to do what is in the best interests of Scotland, rather than what is in the best interests of the First Minister and the SNP? I think the jury is well and truly out on that point. The track record of the SNP and the First Minister on a variety of issues in the past few months has cast doubt on their ability to be fair, transparent and honest about the referendum and the consequences for the future of my country. We have had the First Minister’s confusion about whether he received advice on Scotland’s membership of the European Union. We have had a flip-flop on what Scotland’s currency would be. Would it be the euro, the pound, or the groat? We have even had suggestions from SNP Members that we might even use the Chinese renminbi in Scotland. We have had the First Minister taking credit when unemployment in Scotland has been falling, but blaming everyone else when it has been going up.

[Mr McCann]

Does my hon. Friend share my concerns about the head of the Scottish civil service? It has been accused in the past by many people of being native and refusing to speak truth to power. Is it not a concern that, when it comes to the referendum, it will not have the courage to speak up against the First Minister who controls all?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We are in danger. We are debating the section 30 order, rather than the referendum. A lot of Members want to speak, so I do not want to tempt Members on to another subject.

[Ian Murray]

I will take your guidance, Mr Deputy Speaker. My hon. Friend has his remarks on the record. That issue will be a concern to many Members of this House and to the people of Scotland.

I was going through issues on which I have concerns about the section 30 order, and what the SNP Government might do with it. I was talking about the First Minister taking credit for falling unemployment, but blaming everyone else when it goes up. We have had the arc of prosperity with Ireland and Iceland, until they went bust; then it was Norway, and now it is back to Iceland again. We have been told that Scots should not have taken part in Team GB, but the First Minister has taken credit for the gold medals—indeed, some SNP Members in this House play in the UK parliamentary football team. The issues are there for people to see.

We have seen the SNP Government espouse a nuclear-free Clyde, while changing their 60-year opposition to NATO. They want a nuclear-free Scotland, but it is okay for a US submarine to sail into Faslane and launch a nuclear weapon from Scottish shores. That is a ludicrous position which is yet another fudge on the Scottish people. They are changing their own rules to suit themselves, and that is why they might change the rules of the section 30 order to suit the referendum. Mr Deputy Speaker, I sense that I may be ruled out of order shortly, so I will say merely that the list is endless, and move on.

To emphasise what the Scottish Affairs Committee has said, the Scottish Government cannot be both player and referee with regard to section 30. The Electoral Commission has a vital role as an independent overseer of the process that includes critical aspects of funding and, most importantly, the wording of the question. The commission sent an updated briefing to hon. Members, and the first thing it says about the section 30 order is that the commission will have responsibility at the referendum for assessing the intelligibility of the proposed question. That is a critical part of its involvement, and this is where my discomfort lies.

The Minister deserves credit, along with the Secretary of State, but he was questioned in the House more than a dozen times during the debate on the Edinburgh agreement about what mechanics would be used if the Scottish Government ignored the commission’s recommendations, and all he could say was that he was confident that the Scottish Government would do the right thing and that the Scottish people would judge their actions. The SNP’s track record on straight answers about Scotland’s future shows that it has form in this area, and it would be wrong not to put on record that that is a real concern. The commission has been involved in every election in recent history. Its involvement in the AV referendum resulted in the question being changed on several occasions until it and the Government were satisfied that it was fair. No Government have ever overruled the commission, and the First Minister should not be the first to do so. This decision is the most important that Scotland has faced for 300 years, and that makes the role of the commission integral to the entire referendum process.

The commission’s role is also integral to campaign funding. The order does not give any details about funding, so it will be dictated by the memorandum of agreement between both Governments signed as part of the Edinburgh agreement. The commission will make recommendations after a consultation, but the SNP has already indicated that it would overrule the commission on several points, including in respect of much lower limits for businesses and unions to campaign, as my hon. Friend the Member for Glasgow Central (Anas Sarwar), the deputy leader of the Scottish Labour party, indicated. Those limits are much lower than those recommended for the AV and Welsh referendums in respect of the umbrella campaigning groups and, as he also said—this point stuck in my head—even lower than for local government elections. Those of us who have helped run those elections know how low those limits are for getting information out to electors and voters, who deserve to have the information in front of them so that they can make an informed decision. The people of Scotland deserve as much information as possible in order for them to decide whether Scotland is better together or separate from the rest of the UK.

Then, there is the question itself. The SNP has been challenged time and time again to say whether it would abide by the commission’s recommendations on the question, but it has refused to commit to answering. The hon. Member for Moray (Angus Robertson), the leader of the SNP in the House, was questioned four times during his contribution, and all he could say was that the Scottish Parliament would have regard to the recommendations. Any SNP Member could intervene now and say, “Yes, it’s a matter for the Scottish Parliament, but the SNP and the Yes Scotland campaign will abide by the recommendations, whatever they are, of the commission.” The fact that they have not done that sends out a very strong message that our concerns about the question, with regards to the section 30 order, are not just valid but very real.

It is critical that the commission’s recommendations be respected, otherwise the Scottish people will not get the fair and transparent referendum that they ought to have. The section 30 order passes the power to the Scottish Parliament, and I am proud that the party with a track record of devolution will be wholeheartedly supporting it. We will continue to scrutinise the process both in this place and in Holyrood to ensure that the decision is decisive, legal and fair.

[Several hon. Members]

rose—