Claim of Right for Scotland

Ian Murray Excerpts

Tuesday 6th September 2016 Westminster Hall

[Patrick Grady (Glasgow North) (SNP)]

I beg to move,

That this House has considered the Claim of Right for Scotland.

It is a pleasure to serve under your chairmanship, Mr Bone. I know that you are a great champion of grassroots democracy, so I hope that a lot of what I have to say will strike a chord with you. This has not been the most straightforward debate to bring to Westminster Hall. Members who pay close attention to the Order Paper will have noticed that before the recess, it originally appeared in the name of my hon. Friend the Member for Glenrothes (Peter Grant). He has the same initials as me, but I clearly have considerably worse handwriting than him—bad enough for even the stellar cryptographers in the Table Office to be stumped.

After sorting that out, the Clerks and Library specialists wanted to know which Claim of Right for Scotland I wanted to debate: the ancient claim dating to 1689, which asserts the right of appeal against perceived judicial injustice; the more modern claim, signed in 1989 as the founding document of the Scottish Constitutional Convention; or the claim adopted by the Scottish Parliament in 2012, in the context of the independence referendum. The answer is not one of those, but all of them—or, more accurately, their central assertion, endorsed in 1989 and 2012, which acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their needs and the obligation on elected representatives that in all our actions and deliberations, the interests of the people of Scotland shall be paramount.

My argument is that the Claim of Right is not, or is no longer, an historical document. It is a concept, and indeed a fundamental principle, that underpins the democracy and constitutional framework of Scotland. It is as relevant today as it has ever been. The economy on the brink of recession; the Government hopelessly divided on Europe; the Labour party in turmoil; a woman Prime Minister in Downing Street; and Scotland living under yet another Conservative Government it did not vote for, pushing through damaging social policies against the will of the vast majority of people and parliamentarians—yes, that was the situation in 1989, when parliamentarians, councillors and church and civil society leaders gathered on the Mound in Edinburgh to sign the claim of right and begin the work of the Scottish Constitutional Convention.

It is an historical fact that Scottish National party members were not present for the signing and did not take part in the convention. The SNP took part in early discussions, but withdrew when it became clear that the convention would not countenance independence. We argued at the time, and might still argue today, that to rule out such an option was to deny a key principle of the claim: the right to choose the best form of government. However, the claim signed in 1989 represented something of a consensus in the country that the democratic deficit experienced throughout the Thatcher years was becoming intolerable, and the convention paved the way for the Parliament that now meets in Holyrood. Today, the First Minister is outlining her programme for government, implementing as best she can with the powers available to that Parliament our vision of a more progressive and socially just Scotland.

The excellent briefing produced by the House of Commons Library for this debate contains an appendix showing the 1989 claim and its list of signatories. Some of the names are familiar: Gordon Brown, Alistair Darling, John McFall, David Steel, Jim Wallace, Archy Kirkwood. Some of those individuals can still be found at Westminster, although they go by slightly different styles and titles and work in another place with little in the way of a democratic mandate.

Another signatory is a constituent of mine, Elspeth Attwooll, a former Liberal Democrat MEP whom I credit for inspiring this debate. Before the European referendum, we both took part in a hustings where she reflected on what it meant to her to have been a signatory to the Claim of Right. It made me think about how far Scotland has come over the nearly 30 years since the claim was signed, and indeed over the years since the referendum on devolution, the 19th anniversary of which we will mark this coming Sunday. We have come far, but we still have much further to go.

The Brexit result is only the most glaring and recent example. Despite all the powers that have been devolved to the Scottish Parliament, Westminster still holds the purse strings. After three Scotland Acts since 1997, 70% of taxes and 85% of welfare spending, two of the most crucial levers of social and economic policy, remain reserved to Westminster. The Scottish Parliament, 58 out of 59 of Scotland’s MPs and local authorities across the country have all voted against the renewal of Trident, but it will still go ahead, less than 40 miles from our biggest population centre. The bedroom tax, welfare cuts, the undermining of energy and climate change policy, the threatened withdrawal from the European convention on human rights and even the removal of a tugboat from the west coast of Scotland are all directly against the will of the people of Scotland, as expressed democratically at the ballot box, yet all of them have been foisted on us by Westminster Governments.

It will undoubtedly be argued that the people of Scotland exercised their sovereignty on 18 September 2014. Some have argued that during those 15 hours when the polls were open, Scotland was truly an independent country: the future of our governance was in the hands of our people and nobody else. Disappointed though many of us were by the result of the referendum, we accept that Scotland voted to remain in the Union. However, voters were told repeatedly during the referendum that a no vote was not a vote for the status quo, and that choosing to stay in the Union would bring about a new relationship in which Scotland would lead the UK, not leave it. A vow was made to deliver something as near to federalism as possible, and a guarantee was given that Scotland would remain a member of the European Union.

As we approach the second anniversary of the referendum, none of those promises have been kept. There might have been a new status quo on the morning of 19 September 2014, but there was also one on the morning of 24 June 2016, when the Union for which people in Scotland voted came to an end. That United Kingdom—a United Kingdom that would remain part of the European Union, guaranteeing people in Scotland freedom of movement for themselves and their goods, capital and services across a continent to which we have always looked and of which we have always seen ourselves as a part—no longer exists. The Secretary of State for Exiting the European Union said as much yesterday: Brexit means that the UK will leave the European Union. That is not what people in Scotland voted for, either in 2014 or in 2016. In choosing the form of government best suited to their needs, people in Scotland, on both occasions, chose a form of government that involved continuing membership of the European Union.

That is why the Scottish Government have pledged to work as constructively as possible to protect and defend Scotland’s interests within the Brexit process. I hope that the UK Government will work constructively with the new Scottish Government Minister for UK Negotiations on Scotland’s Place in Europe as they prepare for the article 50 process. The First Minister has appointed a standing council of expert advisers to help explore different options to maintain a relationship between Scotland and Europe that reflects the choice made by people in Scotland in the European referendum.

That is also why the Scottish Government and Scottish Parliament must ultimately reserve the right to hold another referendum on independence for Scotland. If it becomes clear that the best or only way for Scotland to remain in the EU is to become an independent member of the EU, we must have the right to make that decision for ourselves.

[Ian Murray (Edinburgh South) (Lab)]

On the advantages of the EU, the hon. Gentleman will know that my party agrees with his—we voted in the Scottish Parliament to support the First Minister in taking every possible avenue to keep the advantages of the EU—but is he honestly telling the House that the solution is for Scotland to turn away from its much bigger trading partner, the UK?

[Patrick Grady]

I am saying that all the different options must be explored. The Scottish Government have committed on a cross-party basis to explore all those options as constructively as possible, but we must retain the right to revisit the question of our independent membership of the European Union if that becomes the best or only way to protect the benefits that we get from that membership. That is the crux of the Claim of Right: it is for the people of Scotland to choose the form of governance best suited to their needs. If our democratically elected Parliament decides on a cross- party basis—it will have to be on a cross-party basis, as we have a minority Government—to call for another independence referendum, will the UK Government seriously stand in the way?

The Edinburgh agreement may have been signed to pave the way for the 2014 referendum, but it is a de facto acknowledgment of both the general principle of the Claim of Right and the more specific question of whether Scotland has the right to become an independent country in a referendum. So when the former Prime Minister said in the Chamber that his county of Oxfordshire had voted to remain but that no one was calling for it to have an exemption from the UK-wide vote, he demonstrated a fundamental misunderstanding of the constitutional framework in Scotland. Indeed, it was the same kind of misunderstanding that led one of his predecessors to describe the Scots Parliament as a “parish council”. There has never been a claim of right for Oxfordshire, as far as I am aware, nor has there been an Edinburgh agreement recognising Oxfordshire’s right to become an independent country, but such principles are now firmly established in Scotland—indeed, they always have been.

Historically, the monarchs in Scotland were Kings and Queens of Scots. They ruled at the sufferance of the people, rather than ruling over the land or exercising a sovereignty vested in their own person or in the Crown in Parliament, as the tradition has it here in Westminster—although, as I said in this Chamber yesterday, I was interested to hear how many converts to the idea of participatory democracy there were on the Government Benches, and how keen some of them had become to cede some of their hallowed parliamentary sovereignty to popular opinion expressed in a referendum.

One reason why I bid for this debate was that I heard a number of colleagues both in the Government and in the official Opposition say informally that there would not be another independence referendum because the Prime Minister would not allow it. That reminds me of the famous words of the convenor of the Scottish Constitutional Convention, Canon Kenyon Wright, who said at the opening of the convention:

“What if that other voice we all know so well responds by saying, ‘We say no, and we are the state’? Well, we say yes—and we are the people.”

So I ask the Government—I note that the Minister here today is the Deputy Leader of the House, not a Minister from the Scotland Office, because of course it has no junior Ministers—whether they accept the principle of the Claim of Right for Scotland. The Conservatives, uniquely among political parties in Scotland, refused both to sign the declaration in 1989 and to back it in the 2012 Scottish Parliament vote. Given the promises made during the independence referendum, the respect agenda and the partnership of nations we are supposed to belong to, will they reconsider?

If the Minister cannot bring himself to commit to something so momentous today, will he at least recognise that the differential result in the Brexit referendum means that there must be a differential response from the Government? Will they consider seriously any proposals that come forward from Scotland, whether they are about participation in Erasmus, the Horizon 2020 programme or, more fundamentally, efforts to build a coalition that protects the UK’s membership of the European single market? Will the Minister and the Government consider how effectively the voices of Scotland’s MPs of all parties are heard in this House? Surely it is time for a review of the English votes for English laws procedures, which are wasting parliamentary time and continue to undermine our supposedly equal status in this House.

There may be parallels with the prevailing political and economic situation in 1989, but this is 2016. Scotland’s voice is articulated not only by Members of Parliament here at Westminster, but in a modern, vibrant and diverse Parliament at Holyrood. Those of us who have been elected to the House of Commons come from a very different tradition from our predecessors. We have not come here to settle down, bide our time and hope for a seat in the House of Lords one day. When I leave this place, as I am well aware I will, it will be because I have decided not to put myself forward, because the voters have decided they want someone else, or because at last there will be no need for Scotland to send MPs to Westminster.

In the SNP, we make no secret of the fact that we think the form of government best suited to the needs of people in Scotland is an independent one. In the words of our party constitution, it is

“the restoration of Scottish national sovereignty by restoration of full powers to the Scottish Parliament, so that its authority is limited only by the sovereign power of the Scottish People to bind it with a written constitution and by such agreements as it may freely enter into with other nations or states or international organisations for the purpose of furthering international cooperation, world peace and the protection of the environment.”

But we also recognise that we have a job to do in persuading a majority of our fellow citizens of that case, which is why the second clause of our constitution is simply

“the furtherance of all Scottish interests.”

We make no special claim to the Claim of Right; it belongs, by definition, to everyone in Scotland, regardless of which political party they support or which constitutional option they prefer. But it encapsulates the right to decide and keep deciding the best form of government for their needs and for the time we live in.

When the Scottish Parliament debated and adopted the Claim of Right in 2012, it did not endorse the principle of independence, but it acknowledged the principle of deciding on independence, so the Claim of Right is not just an historical document or a scholarly debating point; it is a fundamental principle on which our democracy rests. If the UK Government are serious about maintaining the present Union as a partnership of equals, they need to understand that.

I hope that, 27 years since the declaration was signed, 19 years since the devolution referendum, 17 years since the Scottish Parliament was established, nine years since the first SNP Government were elected, two years since the independence referendum, 18 months since the UK general election, four months since the Scottish Parliament elections and three months since the European referendum, the Government might finally start to get the message.

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[Michael Gove]

I am unaware of that eventuality. All I would say is that xenophobia has no place in political discourse and that, throughout her leadership of the Scottish Conservatives, Ruth has been consistent in making it clear that Scotland should be a warm and welcoming home for people from every background and every community.

[Ian Murray]

The right hon. Gentleman is one of the architects of Brexit, which has brought about this debate and is the reason behind some of the other debates in this House about Scottish independence. Will he reflect on the fact that the very person he just spoke about promised the Scottish people that if they voted Scottish Conservative they would protect the Union? How is that going?

[Michael Gove]

The Union is in robust good health, as is shown by the support for the continuity of the United Kingdom, which is maintained at the same level as it was during the heat of the referendum campaign.

It is important to acknowledge something more. The hon. Member for Glasgow North pointed out that, in the run-up to the referendum campaign, my party, the Labour party and the Liberal Democrats issued a commitment to increase the level of devolution given to the Scottish Parliament—the vow, published on the front page of the Daily Record. The keeper of the vow—the independent figure who was responsible for ensuring that that promise was kept—was Lord Smith of Kelvin, and he stated unambiguously that the vow had been maintained.

More than that, powers that existed before the vow and the passage of the Scotland Act 2016, and powers that are now conferred on Holyrood, have not been used by the Scottish Government. Why is it that there has been such timorousness about the exercise of the powers that the Scottish Government already have? Why is it that the tax-varying powers that have been conferred on Nicola Sturgeon and the Executive have not been exercised? Why is it that a party that claims that the answer to all Scotland’s problems is more power in Edinburgh has not even exercised the powers that it has? I can only conclude that the SNP wants a perpetual state of irritation and grievance with our current constitutional arrangements, rather than a determination to make them work. That is one reason why the SNP, having achieved unprecedented electoral popularity under Alex Salmond, is on a slow, gentle but irreversible slide in public opinion.

There is more. It is not just that the powers that we, as a United Kingdom Parliament, conferred on Holyrood, and that the Scottish people voted for, have not been exercised; it is also the case that in those policy areas that have been devolved to Scotland since the establishment of the Scottish Parliament, the SNP-led Administration have signally failed to deliver for the Scottish people.

Let us look particularly at education. When I was growing up and a student in Scotland’s schools, Scotland boasted, to good effect, that its education system was superior to that of England and any other part of the United Kingdom. The principle of the democratic intellect; the character of the lad o’ pairts; the principle, established at the time of John Knox, that there should be a school for every child in every parish—all stand testament to the fact that the Scottish people have valued education, historically, more highly than anyone else within these islands.

However, if we look at the reality of Scottish education now, we can see that children from poor backgrounds in Scotland are less likely to go on to higher education than children from poor backgrounds in England. The gap between educational outcomes for rich and poor has grown under the SNP Government. As was pointed out by Brian Wilson, formerly a Member of this House and still a distinguished journalist, one has to look very hard to find a single effective redistributive measure that has been introduced by the SNP whereby power or resources have been taken from the rich to the poor in Scotland, or whereby the opportunities available to poor children in Scotland have increased. Once again, the question has to be asked: why is it that the SNP, having had a majority Government and now having a minority Government with the support of the Greens, has been able to do so little to improve educational outcomes for Scottish children? The answer to which I am again inevitably drawn is: because the SNP is more interested in manufacturing grievance than it is in governing Scotland well.

Another example is the aftermath of the vote for Britain to leave the European Union. I remind the House that yes, of course a majority in Scotland did not vote to leave the European Union, but a significant minority did, and they did so in the teeth of a political establishment united in opposition to that proposition. Many of the people who did vote to leave come from backgrounds that I know well, in farming and fisheries. They recognised that an independent United Kingdom, with Scotland exercising power through its own Parliament, would have new powers over fisheries and farming when Britain left the European Union. But so far we have seen no effort to deploy any imagination, energy or passion in pointing out the ways in which Scotland’s agriculture and fisheries economic backbone can be strengthened by our departure from the European Union. As we saw with the start of the national conversation, there has been an attempt to use the vote to manufacture grievance rather than to ask the question, what is in the best interests of all the Scottish people?

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[Ian Murray (Edinburgh South) (Lab)]

Thank you very much, Mr Bone, for calling me to speak; it is a great pleasure to serve with you in the Chair.

It is also a great pleasure to follow the right hon. Member for Surrey Heath (Michael Gove), whose great passion for Brexit—I re-emphasise—has brought us to this particular position. We would not be having debates again about rerunning the independence referendum if the former Prime Minister had not gambled the UK farm and lost. Indeed, there was no apology in the 17 minutes of the right hon. Gentleman’s oratory for the campaign bus or for getting us into this constitutional quagmire.

I emphasise that the leader of the Scottish Conservative party, who had no other policies whatever, made it her one policy at the Scottish elections back in May to say to the Scottish people, “Vote Conservative and we will protect the Union.” Everything that has happened since then has risked the very United Kingdom that I and many people in this Chamber have voted for and worked very hard to protect.

I congratulate the hon. Member for Glasgow North (Patrick Grady) on securing this debate. There is one thing that I agree with the right hon. Member for Surrey Heath about: the fact that we never have debates in Westminster Hall on how to eradicate poverty in Scotland, on how to use the powers of the Scottish Parliament to make sure we can provide finances for public services, on how to close the attainment gap or on how to ensure that Scotland is outward-looking to the world. Instead, it is all grievance, it is all constitution, and it is all taking the debate and the agenda away from the issues that really matter in Scotland about public services and how the Scottish Parliament, by using its powers—or in this case, not using them—would be a good place to lie.

[Patrick Grady]

I point out again to both Members who have followed me, the right hon. Member for Surrey Heath (Michael Gove) and the hon. Member for Edinburgh South (Ian Murray), that the First Minister is at this moment addressing the Chamber of the Scottish Parliament to announce, among other things, £750 million to help to close the educational attainment gap, a guarantee that the health budget of Scotland will increase by at least £500 million more than inflation every year, and a doubling of the amount of free care available to all three and four-year-olds, and the most disadvantaged two-year-olds, across Scotland. The idea that the Scottish Government are not using the powers of the Scottish Parliament and are not delivering for the people of Scotland is simply false.

[Ian Murray]

I am delighted to hear that, because after 10 years it is about time that the Scottish Parliament started to invest in closing the educational attainment gap and in public services. That intervention by the hon. Gentleman highlights the fact that the Scottish Parliament has powers to make a difference in people’s lives, but in his speech to begin this debate he said that the Scottish Parliament has no powers whatever. Indeed, he even mentioned the tugboat that was taken away, as if the Scottish Parliament meets to discuss what it cannot do rather than trying to change the lives of people in the ways that it can.

Let us get back to this debate about the Claim of Right. It is worth just reading out the start of the declaration of the 1989 Claim of Right, which was indeed re-emphasised in the Scottish Parliament and voted on in 2012. It says:

“We, gathered as the Scottish Constitutional Convention, do hereby acknowledge the sovereign right of the Scottish people to determine the form of Government best suited to their needs, and do hereby declare and pledge that in all our actions and deliberations their interests shall be paramount.”

We have heard much from the hon. Gentleman, who is the mover of the particular motion that we are debating today, about the importance of respecting Scottish sovereignty. Respecting the popular will is important, not only in Scotland but across the United Kingdom. Let us not forget that, as the right hon. Member for Surrey Heath mentioned, the Scottish National party, along with many Scottish Tories, did not participate in the constitutional convention; the SNP did not participate in that conversation with civic Scotland, politicians, groups, universities and business about what the future of devolution should look like. Moreover, the SNP did not accept the wording of the Claim of Right that that convention was founded upon. Indeed, it is only the Labour party and the Scottish Labour party that have been entirely consistent in upholding the words of the Claim of Right, because it pledged:

“To agree a scheme for an Assembly or Parliament for Scotland; To mobilise Scottish opinion and ensure the approval of the Scottish people for that scheme”.

It went on to say that it also pledged:

“To assert the right of the Scottish people to secure implementation of that scheme.”

When the Labour party was elected to Government in 1997, one of its first Bills delivered the referendum on devolution, mobilised popular support for its approval, asserted the sovereign right of the Scottish people, delivered on the result of the referendum and created the Scottish Parliament that we have today. There was no mention of all that from the hon. Member for Glasgow North; there was no mention of how we said to the Scottish people that we would deliver something, got into power and then delivered it, on the basis of what the Scottish people were telling us they wanted to happen.

To be fair, when the SNP was elected in 2011 on a manifesto that pledged an independence referendum, we respected the mandate for that referendum, too, because the Scottish people had voted for it. Consequently, in 2014 we had that referendum and that time the Scottish people voted to stay in the UK. So, taking the word of the Claim of Right as our guide, if we can, we acknowledged

“the sovereign right of the Scottish people to determine the form of Government best suited to their needs”.

The Scottish people voted for a powerful Scottish Parliament, but with Scotland being an integral part of the United Kingdom. The Claim of Right was put into practice: it was voted on in 2012 in the Scottish Parliament; the referendum happened in 2014; the Scottish people spoke; and

“the sovereign right of the Scottish people”

is to stay within the United Kingdom, but with a much more powerful Scottish Parliament. That was the spirit and the substance of the Claim of Right that we are discussing today.

I want to go back to the intervention from the hon. Member for Glasgow North. The Scottish Parliament is one of the most powerful devolved Parliaments in the world. It is about time that the politicians elected by the people looked back at that Claim of Right and said, “We were elected to deliver for the Scottish people with a powerful Scottish Parliament” and got on with the day job that they were elected to do. But every single day since the polls closed on 19 September 2014, the SNP has looked for any single trigger to get a different result in the referendum. That is surely the complete antithesis of the Claim of Right.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Does the hon. Gentleman acknowledge that during the independence referendum campaign, it was made very clear that one of the major benefits of being in the UK was remaining part of the EU? That is now simply not the case.

[Ian Murray]

The evidence shows that people did not vote on that particular basis. What the SNP is now telling us is that because the UK has turned away from a market worth £12 billion and 250,000 jobs to the Scottish economy—I was on the same side as the hon. Lady in wanting to stay in the European Union—the solution is for Scotland to turn away from another Union that has 1 million jobs and £50 billion worth of trading. That is surely not in the best interests of the Scottish people.

We have supported the SNP and the First Minister to make sure that the UK and Scotland can get the best deal from Brexit, but if the solution to Brexit is to turn away from an even bigger partner, to mount on top of one disaster—this constitutional decision at UK level—another disastrous constitutional solution, we are surely in the wrong place. That goes to the hub of the argument.

[Deidre Brock]

Is the hon. Gentleman suggesting that in the case of Scotland’s becoming independent, England would be so petty-minded as to turn away from its nearest neighbour and not continue to trade in any meaningful way?

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[Ian Murray]

We are back to rerunning the 2014 independence referendum. The key thing is—the hon. Lady and her party admit this—that the best solution in terms of currency is for Scotland and the UK to stay in the currency union. That was the SNP argument in 2014, so it has conceded that argument, unless it wants to go down the route of the hon. Member for East Lothian (George Kerevan) and go for a separate currency, which he says would involve many years of fiscal consolidation and require the selling of assets. Is the SNP talking about the euro? No, so it has already conceded that a currency union with the rest of the UK is the most important thing.

Let us consider the figures from the recent GERS report, with the £15 billion fiscal deficit, and how SNP Members fought for the fiscal framework to make sure the Barnett formula was maintained: that is an admission that the economic and fiscal framework is in Scotland’s best interest. Let us take as a starting point that it is in Scotland’s best interest to stay in the UK with a fiscal and economic union and a currency union. Is the SNP honestly saying that it will turn away from all that to be a part of the European Union when it does not know what the access requirements will be? The party does not know whether Scotland would get in. We had all these arguments in 2014. Indeed, it could be argued that entering the EU today would be much more difficult than in 2014, because there will be no grandfather rights when we leave as the UK. All of these issues have muddied the waters much more.

On the Claim of Right of the Scottish people in terms of this debate, they have voted clearly for Scotland to stay within the United Kingdom, but they also see the benefits and advantages of staying in the EU. It cannot be right to have two polarised camps in Scotland. We have the Scottish National party camp that says, “Independence at all costs” and a Scottish Conservative party that says it wants Scotland to be in the UK, but not in the EU, given the result of the EU referendum.

Both those polarised camps are completely wrong, because what Scotland wants, and what the UK and what I am sure the Prime Minister want, is for Scotland to stay within the United Kingdom, but for the United Kingdom to maintain the benefits of and its relationship with the European Union. That is what people voted for. That is what the Claim of Right would tell us they voted for.

The Claim of Right does not address the myriad problems in Scotland: the underfunded NHS, the growing attainment gap, the shambles that is Police Scotland and undervalued and overworked public servants. It does not deal with any of those issues. We know that the best way to deal with the eradication of poverty and the reduction in inequality—all the things we want to see in a much more socially just Scotland—is to maintain the fiscal, economic and currency union with the UK, but to ensure that Scotland’s position and advantages in the EU are maintained.

The right hon. Member for Surrey Heath is absolutely right. There is no discussion about agriculture, fisheries, regional policy or the environment. Those are all issues that should go straight back to the Scottish Parliament, which has responsibility, working in close partnership with the rest of the UK. But a fiscal transfer would have to happen. It is the same fiscal transfer that the right hon. Member for Surrey Heath had on the side of the bus. His fiscal transfer wants £350 million a week for the NHS. I want £750 million a year more for Scotland, along with these powers, so they can deal with the issues that would be repatriated to Scotland. Those are the big issues with regard to the Claim of Right.

If it is the case that every political party in Scotland now abides by the words, principles and substance of the Claim of Right, then the Scottish people have spoken. They have said they want to stay because they know it is in their economic, financial, political and cultural interests to be part of the UK, but they want to maintain the advantages of being in the EU. That is a challenge for the UK Government, the Scottish Government and the entire political, social, cultural and civil class in Scotland: to try to make sure we get the best possible deal for the people whom we seek to represent.

I am grateful that the hon. Member for Glasgow North secured this debate. I hope that, when he stands up in the Westminster Parliament, the SNP conference or in front of his constituency party in Glasgow North and talks about the Claim of Right, he will admit that Scotland voted to stay part of the United Kingdom and moves on to the great opportunities of using the powers of one of the most powerful devolved Parliaments in the world. My two amendments to the Scotland Bill that transfer welfare powers to Scotland were accepted by the Government, but nobody is talking about that, because the obsession with the constitution is destabilising Scotland and making the uncertainty around Scottish business and Scottish civic society polarised in terms of what the Scottish people want.

Let us get rid of all the constitutional arguments. Let us repaint buses and take all the lies off the sides of buses. Let us concentrate on what people want: the eradication of poverty; a reduction in inequality; making sure public services are properly financed; opportunities for our young people; making sure the next generation does better than the current one; and making sure we have adequate housing. Those are all the responsibilities of the Scottish Parliament. That is why we need to protect the fiscal, economic and cultural union with the UK and why we need to leave no stone unturned in making sure that Scotland’s position in the EU and the advantages that Scotland gets from the EU are protected. That is what the Scottish people have asked for. It would be a dereliction of duty if we did not try to deliver it.

[Several hon. Members rose—]

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[Ian Murray]

The hon. Gentleman keeps referring to the Better Together parties celebrating those documents, but his party did not agree or sign up to them, so we need to get on to the substance of the SNP’s position on the Claim of Right. I have made my position clear, which is that the Scottish people have voted to stay part of the United Kingdom—that is the substance and the spirit of the Claim of Right.

[Peter Grant]

As I have just said, one of the documents I am talking about is the Claim of Right Act 1689. Guilty: the SNP did not sign up to that. We did not vote for it. We did not exist—neither did the Labour party for that matter.

In the preamble to the 1689 Act—I apologise, the language is kind of 1689, but I will not try to say it in an Edinburgh accent—the Scottish Parliament denounced its sovereign king, who did:

“Invade the fundamentall Constitution of this Kingdome And altered it from a legall limited monarchy to ane Arbitrary Despotick power and in a publick proclamation asserted ane absolute power”.

As long ago as 1689, the Scottish Parliament, which at that time was not the most democratic or egalitarian bunch of people, regarded that statement as a long-established fact—that the king had to be answerable to the Parliament and thereby to the people, and that the concept of an absolute monarchy was utterly alien.

The concept goes back even further, to 1320, to a document some parts of which many people will be familiar with to the detriment of others: the declaration of Arbroath. It is usually recognised as a declaration of Scottish independence, but it is also a declaration of the sovereignty of the people. In describing how Robert the Bruce came to be King of Scots—not King of Scotland—the Scots nobles at that time credited his accession to the throne to

“divine providence, his succession to his right according to our laws and customs…and the due consent and assent of us all”.

Even in 1320, someone who had contributed so greatly to the wellbeing of the nation as Robert the Bruce had no right to call himself King of Scots unless the Scots were prepared to accept him.

A lot of the 1689 Act’s anti-Catholic rhetoric would not go down too well today, just as the anti-Semitism of parts of Magna Carta is perhaps better left in the 13th century. Long before there was talk of any of the political parties in existence just now, and long before the grievance politics we are seeing just now, the documents I am talking about established a principle that can be held up as a beacon, as it has been for centuries in Scotland. It can be held up as an example of how to sort out the mess that the Government have got England, and to an extent Wales, into. It is being held up as a beacon elsewhere, because the declaration of 1320 became the framework on which the American declaration of independence and constitution were founded. I noticed that the hon. Member for Edinburgh South (Ian Murray) suggested that an independent Scotland would have no trade ties with England. I have not checked the recent figures for trade between Britain and its former colony across the Atlantic, but I do not think anyone would argue that there has been no trade between Britain and the United States of America since independence.

Talking about the Claim of Right for Scotland does not mean that we are arguing about whether Scotland should be independent, or about who should form the Government of Scotland and what promises they should be implementing. We are arguing about something much more important than that, and I am frankly appalled that there is any disagreement with it. We are talking about the fact that in the nation of Scotland, the people of Scotland are sovereign. There is no doubt in the hearts and minds of the people of Scotland as to who we mean by that. We mean those who have chosen to come and live among us. That is why I am enormously proud that my Polish constituents, my French constituents, my Slovakian constituents, my English constituents and my Scots-born constituents are regarded as democratically equal in every election and every electoral test that the Scottish Parliament has the right to legislate over. It was shocking that so many of them were not allowed to decide whether we would be taken out of the European Union.

While we are talking about the Claim of Right for Scotland, just for an hour or two could we not have forgotten about this ingrained hatred of the SNP and everything we stand for? People can disagree with what we want—that is a democratic right—but they should not use that as an excuse to usurp the absolute right of the people of Scotland to take decisions for ourselves. Incidentally, yesterday we were challenged by one of the Tories in the European debate to have faith in our country. We have faith in our country. As Hugh MacDiarmid said:

“For we have faith in Scotland’s hidden powers

The present’s theirs, but all the past and future’s ours”.