Constitutional Law Debate

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Department: Scotland Office

Constitutional Law

John Robertson Excerpts
Tuesday 15th January 2013

(11 years, 4 months ago)

Commons Chamber
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Margaret Curran Portrait Margaret Curran
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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.

John Robertson Portrait John Robertson (Glasgow North West) (Lab)
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This is something I raised in a previous speech on Scotland, but today we have once again heard the chuntering from the SNP, whose Members are sat on the Benches beside me—the bullying tactics that have been used in the Scottish Parliament to stop proper legislation going through. Can we trust these people?

Margaret Curran Portrait Margaret Curran
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I thank my hon. Friend for that contribution. It encourages me to look forward to the substance of the debate on the referendum, when the Scottish people will give not only their verdict on whether they think their interests lie best in the United Kingdom, but ultimately their view of the SNP Government, who, rather than addressing their interests, are for ever saying that everything can be solved through the prism of independence, without ever presenting a substantial argument for why that would be the case.

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Ian Davidson Portrait Mr Davidson
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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 Portrait John Robertson
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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.

Ian Davidson Portrait Mr Davidson
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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.

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Ian Davidson Portrait Mr Davidson
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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 Portrait John Robertson
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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?

Ian Davidson Portrait Mr Davidson
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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.