Constitutional Law Debate

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Department: Scotland Office

Constitutional Law

Lindsay Roy Excerpts
Tuesday 15th January 2013

(11 years, 10 months ago)

Commons Chamber
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Michael Moore Portrait Michael Moore
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I am absolutely confident that Scotland will vote to stay in the United Kingdom. I am committed to doing what is in the best interests of Scotland, regardless of the outcome, as I said on the radio yesterday morning.

Scotland’s future within the UK will be the most important decision that we as Scots take in our lifetime. Facilitating a legal, fair and decisive referendum is critical. That is why we consulted on this issue, why both Governments have spent many hours discussing and negotiating the process, and why we seek the support of the House today to approve this order.

Debating this order in the House today marks an important step as we move from discussions on process to the substance of the great debate. It is now essential that the referendum decision is focused on determining whether Scotland chooses to remain an integral part of the most successful partnership of nations the world has ever seen; to remain part of a family of nations that works in the interests of all; or whether it wishes to leave and go it alone. That decision should not be taken lightly; it should be taken after examining all the facts.

Lindsay Roy Portrait Lindsay Roy (Glenrothes) (Lab)
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Does the Secretary of State think it fair that the Scottish Government can be both the referee and a player in a referendum?

Michael Moore Portrait Michael Moore
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The hon. Gentleman and his fellow Committee members have written important reports on this subject and highlighted the dangers in the process. As I made clear in my earlier remarks—and this, I think, is the tenor of the contributions we may anticipate this afternoon—the Scottish Government will act in setting the rules and pushing them through Parliament on behalf of all Scots and both sides of the argument. It is important that they do so in a way that is not fair to one side and unfair to the other.

I strongly believe that, with the support of colleagues across the House, across Scotland and across the whole of the United Kingdom, fellow Scots will join me in the autumn of 2014 in choosing to remain part of the United Kingdom. We are indeed better together. In the meantime, I commend the order to the House.

--- Later in debate ---
Ian Davidson Portrait Mr Davidson
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The experts were absolutely clear that no self-respecting polling organisation would use such a biased formulation. To be fair—we have to be fair—they also argued, with some justification, that by the time of the referendum, people will generally know what it is that they are voting for. They will generally know what the question stands for and will be able to make a choice. However, if there is a marginal gain to be made, it should be removed. To come back to the mantra of British Cycling, which is about the aggregation of marginal gains, this is yet another example of the SNP seeking to make even the slightest advantage balance towards itself rather than the other side. This will not sway 50%, but it might sway 0.1% or a fraction of that. However, mony a mickle makes a muckle, as we are well aware, so in these circumstances each example that seeks partisan advantage is to be deplored.

The Committee says that

“the only deduction which can be made is that it”—

that is, the SNP and the Scottish Government—

“wishes to retain the capacity to amend the question so as to affect the result.”

That is the only conclusion that we can reasonably draw.

I have already covered the role of the Electoral Commission in most areas, but I want to touch on spending limits in particular. The Committee drew in a great deal of evidence on this, and we were convinced by that evidence that the ideal pattern would be for the two parties to agree and, failing that, for the Electoral Commission to decide. The Electoral Commission has come out with a view that is at variance with that of the Scottish Government. Notwithstanding that, the Committee and I still take the view that the spending that the commission would allow is too small.

Lindsay Roy Portrait Lindsay Roy
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Can my hon. Friend confirm that the amount of spending to be allowed for the referendum is not hugely dissimilar from the amount permitted for the devolution referendum in the 1990s?

Ian Davidson Portrait Mr Davidson
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Yes. The amount that the Electoral Commission is proposing is similar to the cash amount that was allowed in the 1997 referendum, but as a result of inflation, its real value has halved. Our belief is that, for a regulated period of 16 weeks, the spending limits should be bigger. As I understand it, £750,000 works out at 1p per voter per week of the campaign period, and I genuinely believe that that is insufficient. The Scottish Government are suggesting that the figure should be even lower.

This is a good example of how those of us who are active in Scottish politics are free to disagree with the Electoral Commission’s initial proposals. We can campaign for it to change its mind, but, at the end of the day, everyone involved should say that they would commit themselves to accepting the commission’s decision if it does not change its mind. The Scottish Government are unwilling to do that, however. They have reserved unto themselves the right to impose their view—which is presumably what suits them best—on top of, or instead of, the Electoral Commission’s view.