Constitutional Law

Debate between Jim McGovern and Angus Robertson

Tuesday 15th January 2013 Commons Chamber

[Angus Robertson (Moray) (SNP)]

Today’s proceedings are historic, and it is important to stress that, notwithstanding the din and smoke of political battle and some of the differences and questions aired today, they represent a triumph for democracy, for the democratic process and for a democratic mandate. So far as I am aware, every political party in this House is in agreement about the section 30 order, so I will focus on what we, as democrats, all share: respect for the electorate’s right to determine their governance. There can be no greater democratic choice than whether a people wish their nation to determine for itself how it is to be governed.

If we take half a step back from our party politics, we can see that it is truly remarkable that, notwithstanding our differences, we will today agree that it is for the Scottish Parliament to take forward the arrangements for an independence referendum in 2014. That is remarkable for two stand-out reasons. First, Scotland’s constitutional progress has been a model of democratic, peaceful and civic politics. Secondly, the UK Government and Opposition are endorsing a legal, ordered and democratic path that can lead to Scotland becoming a sovereign state. Today’s agreement to transfer legal powers to the Scottish Parliament to make the arrangements for the biggest decision in 300 years is a huge milestone. It says much about the potential for further respect and equality between the Governments, Parliaments and peoples of these islands.

How have we reached the point of having this section 30 order? The Secretary of State rightly said the key is undoubtedly the result of the 2011 Scottish Parliament elections. The majority of Members returned, including those of the Scottish National party and the Scottish Green Party and the independent MSP Margo MacDonald, support Scottish independence. The scale of the victory was unprecedented. The SNP won every single mainland constituency seat in the highlands, every single constituency in Grampian and Tayside, and the majority of constituency seats in Fife, Lothian, Central, Glasgow and the west of Scotland. In the list vote, the SNP received more votes than the three UK parties combined and was first in all but three constituencies in the whole of Scotland. The result was so overwhelming that the leaders of all three UK parties in the Scottish Parliament resigned.

Given the scale of the victory, the parliamentary majority and the commitment to holding a referendum, it would be unimaginable in a 21st-century democracy not to be able to proceed with a referendum. The UK Government clearly understood that the Scottish Government would go ahead with a referendum, and the Scottish Government understood the advantages of an unambiguous process beyond any potential legal challenge. This shared understanding led to the historic Edinburgh agreement between the Governments, which was signed by the First Minister and the Prime Minister on 15 October 2012, and which has led to the section 30 order we expect will pass without Division today.

The key is to understand that, as far as I am aware, everybody has signed up to the Edinburgh agreement. First, they have agreed that the referendum will be made in Scotland, with the arrangements to be finalised in the Scottish Parliament. The fact that the agreement could be reached showed that the Governments can work together, truly in everybody’s interest, notwithstanding that we have different views on the potential outcome. The Scottish Parliament is the cockpit of the nation, and it is right that the issues of the franchise, the question, the referendum rules and the campaign spending limits should be scrutinised and taken forward there. Nobody has yet criticised the fact that the Government who introduced the legislation for the devolution referendum were in exactly the same situation as the Scottish Parliament will be after the section 30 order is passed.

[Jim McGovern]

The issue of the referendum question has been raised a couple of times. What will the SNP’s view, or that of the Scottish Government, be on the Electoral Commission’s advice? Will that advice be accepted or ignored?

[Angus Robertson]

The Scottish Government will be in exactly the same position as the UK Government are and have been in, including when the hon. Gentleman’s party was in government: the Scottish Government will listen to the advice of the Electoral Commission and the Scottish Parliament will then decide. The arrangement is exactly how it was in the past when his party was in government.

[Angus Robertson]

I have no doubt that the right hon. Gentleman will make his voice heard and that when the section 30 order is passed for Scotland, he will make those views clear. If he had a problem with what is being proposed, he would be opposing this evening’s section 30 order.

[Jim McGovern]

Will the SNP heed the advice?

[Angus Robertson]

Of course the Scottish Government will listen to the Electoral Commission’s advice.