Scotland Bill

Jim McGovern Excerpts

Monday 7th March 2011 Commons Chamber

[Pete Wishart]

That is a helpful contribution from the Secretary of State, but perhaps when the Minister winds up he could tell us when we will see those amendments, where they will be introduced and when elected Members of this House will have the opportunity to debate them.

I bring all this up because the Scottish Parliament’s Bill Committee makes an important recommendation in relation to the proposals for electoral administration. What we see in new clause 1 is the partial devolution of some administrative responsibilities—not all, as was recommended in the Calman report—from the Secretary of State to Scottish Ministers. The Scottish Parliament’s Bill Committee said that two more areas should be added, covering the disqualification of Members and arrangements for elections to the Scottish Parliament. The Committee made those proposals, but we have not had the opportunity to debate them because we have not seen any amendments.

Why is that important? It is important because of recent experience. We have to go back only four short years to find out what can happen in electoral administration, when more than 140,000 of our fellow citizens were effectively disenfranchised. They lost their ability to vote because of how the Labour party, which was then administering the Scotland Office, failed to discharge its obligations and responsibilities seriously and sensibly. Some 140,000 people lost their votes in the last Scottish Parliament elections. To be fair to the former Labour Scotland Office, a number of problems with that election were identified. To the previous Government’s credit—I acknowledge this—they brought in Ron Gould to look at what went wrong and perhaps make recommendations to ensure that it never happened again.

[Jim McGovern (Dundee West) (Lab)]

Is the hon. Gentleman aware that one of the concerns raised was about putting the words “Alex Salmond for First Minister” on the ballot paper?

[Pete Wishart]

I accept that, and I said that the failings identified were not just those of the then Labour Scotland Office, although it was in charge of the process and the buck stopped there. Ron Gould identified a number of issues in his report. One of the key things that he identified was fragmentation and a disparity in responsibilities between this House and the Scottish Parliament. He made the strong suggestion that all responsibilities and arrangements for Scottish Parliament elections should be in one place, under one jurisdiction, and he gave the strongest possible hint that that should be the Scottish Parliament. The Scottish Parliament considered the Gould report back in January 2008. Its Members were unanimously of the view that all electoral administration, including competence for elections, should be in one place, and they made it clear that that place should be the Scottish Parliament.

--- Later in debate ---

[David Mundell]

I think the returning officer has some option, but the hon. Gentleman raises an important and relevant point about the multiple electoral systems operated in Scotland. I had just mentioned that Scottish council by-elections, which are another example of polls that could be held on the same day as the AV referendum, take place under a form of the alternative vote rather than the single transferable vote.

[Jim McGovern]

Is it not the case that we are effectively putting a price on democracy by saying that it is simply cheaper to have all the polls on the same day?

[David Mundell]

I do not believe that is an accurate summation of the position. The clause allows for the combining of polls and the amendment suggests that they should not be combined. However, I do not accept that the amendment is successful in that regard.

If new clause 7 is designed to avoid having a poll at a scheduled Scottish Parliament election following on or close to the date of the poll for an early parliamentary election held under clause 2 of the Fixed-term Parliaments Bill, it does not work, as I have said. By its very nature, an early parliamentary general election held under clause 2 will take place at short notice following either a motion of the House that there should be such an election, or at the end of the 14-day period after a motion of no confidence.

In the unlikely event that a Prime Minister were to decide on a campaign period of at least six weeks before the date of poll at the early parliamentary general election, which would be the minimum to ensure that the Scottish Parliament had not already dissolved, the parties taking part in the Scottish parliamentary general election would have already gone to significant expense in preparing campaign literature and making other arrangements, as would returning officers. All that would be wasted if the Scottish Parliament then decided to change the date of poll. Returning officers might also have started the nomination processes and, depending on timing, might have already entered into contracts for printing and accommodation, the costs of which would, again, be wasted.

--- Later in debate ---

[Pete Wishart]

There has been a lot of talk about the Supreme Court in the past week—it even reached First Minister’s questions last Thursday—whether in connection with the limited references to it, or its being the final port of call for appeals in criminal cases. We need to know exactly what is going on. There has been talk of a number of secret clauses that have been proposed by the Advocate-General. As we understand it, they seek to remove the High Court of Justiciary as the final court of appeal for criminal cases in Scotland and to transfer limited responsibility to the UK Supreme Court. I want to know from the Minister whether those clauses exist. If they do, when will they be introduced? Will this House, as a body of elected representatives from Scotland, have the opportunity to discuss them? Just what will be the general process?

[Jim McGovern]

The hon. Gentleman mentions secret clauses, but he seems to know what they are, so just how secret are they?

--- Later in debate ---

I have to say to the Minister that I think the whole airgun issue has been driven by a tabloid press feeding frenzy on one or two incidents. I understand that, and the same thing would happen if those incidents occurred in England.

[Jim McGovern]

The hon. Gentleman mentions the tabloid press. I am sure he is aware that in the past week or so, the tabloid press have had a feeding frenzy about two football coaches in Glasgow falling out with each other, but there does not seem to have been the same feeding frenzy about an England football player taking an air weapon to a training ground and shooting someone.

[Geoffrey Clifton-Brown]

I welcome that intervention. I take any infringement of airgun law very seriously indeed. Anyone who has an airgun, firearm or shotgun should use it safely and according to the law. I do not diminish incidents when they happen; I am merely saying that whether they happened in Scotland or England there would be the same tabloid coverage. I simply say, in all seriousness to all concerned, that I think we are better with one set of UK-wide firearms legislation, given that this is such a serious subject, so that everyone who uses a firearm of any sort, whether a shotgun, airgun or licensed firearm, knows exactly what the law is. Having different laws in the Principalities of the United Kingdom will lead to trouble.