Scotland Bill

Lord Browne of Ladyton Excerpts

Wednesday 28th March 2012 Lords Chamber

[Lord Steel of Aikwood]

The nine months starts after that. I hope that my noble friend is not going to press his amendment.

In the second section, it is of course the case that the single question should relate to the future of Scotland in, or out of, the United Kingdom. You cannot assume that it would be in the United Kingdom.

Leaving that to one side, the kind of information that we would need is what the effect would be, to take one example, on the financial situation in Scotland if it were independent. There seem to be three options: Scotland is in the eurozone, which used to be SNP policy; or it is dependent on the Bank of England, in which case it is not proper independence; or else we have a Scottish currency like the old Irish punt. These options need to be spelt out. That is the kind of information for which my noble friend is pressing, and I hope that when my noble and learned friend comes to reply he will be able to give us some indication of the kind of work that is going on on these issues.

[Lord Browne of Ladyton]

My Lords, I, too, welcome the general thrust of the amendment of the noble Lord, Lord Forsyth, in so far as it encourages the preparation and dissemination of objective and credible information about the effects of separation on all aspects of public policy and, by implication, the benefits of the union to the people of Scotland. I resist the temptation to add to the growing list of areas of public policy for which this momentous decision will have potentially detrimental implications. The noble Lord, Lord Forsyth, listed a significant and impressive number of them, which were then augmented by the intervention of my noble and learned friend Lord McCluskey and, indeed, by my noble friend Lady Liddell.

My own view is that there is hardly any area of public policy in Scotland that will not be affected in some way by the decision, should the people of Scotland decide to separate from the rest of the United Kingdom, which I am confident—and certainly sincerely hope— they will not. It is inarguable that this is the most important decision that the people of Scotland will ever, collectively, have to make. It cannot be made unless it is informed by facts: not assertions, not massaged statistics, but facts. On the analogy that if you want to leave a club you can leave it but, if you want to stay and change the rules, then everyone who is still a member of the club has a view, the rest of the people of the United Kingdom are also entitled to know what the facts are.

I agree with the general thrust of the debate and the implication of the noble Lord’s opening remarks that the Bill is not the appropriate place for this debate. Whether or not the points that the noble Lord, Lord Steel, made in relation to delay and the wording are correct, I do not think we will try to impose this amendment into the Bill. That is the right thing to do. If there is to be no statutory obligation on Secretaries of State to provide the necessary information to inform this debate then, at the very least, there needs to be a clear undertaking from the Government that they will place an obligation on Secretaries of State to put that information in the public domain. They should draw on the broader debate that is taking place here about what mechanism or mechanisms should be deployed or created in order to disseminate this information and to give it the stamp of credibility and objectivity that will be necessary to inform the debate.

I would be concerned if there were to be a proliferation of initiatives. I accept that it is entirely appropriate and correct that the Select Committee on Economic Affairs, of which the noble Lord, Lord Forsyth, is a member, should address its attention to this important decision. It is at the heart of political life in the United Kingdom at the moment and there would be no better work for the committee to do. I expect that in the other place the Select Committee on Scottish Affairs will carry out similar work and that other organisations, such as academic institutions, will wish to address themselves to this work in the coming period.

In Scotland, a well resourced institution which can bring together this work and give it a genuine stamp of credible objectivity is necessary. Many people in the professions in Scotland—including the legal profession, academics, economists, people who have served in the Armed Forces, people who understand and have made significant contributions to international affairs over the years, many of whom sit in this House—could make a contribution to the debate.

Those of us who are trying to put together the infrastructure that will inform the debate in Scotland ought to apply our minds to the creation of a genuinely credible and independent institution operating out of Scotland—perhaps an academic institution—which could be a receptacle in which all the information could be deposited, verified independently and disseminated. We should clearly invite the nationalists to contribute to that discussion so that what comes out of it has that stamp of credibility and objectivity, and not the taint of a political objective.

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[Lord Pearson of Rannoch]

My Lords, perhaps this would be an opportunity for me to refer to the anomaly—some would call it the absurdity—of the present requirement for a sound moderator, or silencer, to be treated as a separate weapon and be separately registered on a firearms certificate. After all, the silencer is only a tin can which is screwed on the end of the rifle. When the Government are looking into this area in collaboration with the Scottish Government, I suggest that this would be an opportunity to remove that requirement.

[Lord Browne of Ladyton]

First, my Lords, I thank the noble Earl for his great courtesy in writing to me extensively on this issue to introduce the arguments that he intended to make in support of his amendment. I was in the privileged position of having almost all of the points that he made in advance of his addressing your Lordships’ House, so I thank him for that. Unfortunately, despite his great courtesy to me, I cannot find myself being in a position of supporting his amendment. I am sure that he will appreciate why since, in Committee, I argued for even greater devolution of responsibility over air weapons to the Scottish Parliament. It would be entirely perverse and inconsistent for me now to support the restriction on the exercise of the limited devolved powers that the Scottish Parliament is going to receive, having made that consistent and coherent point before.

I do not accept the dismissal by the noble Lord, Lord Forsyth, of this argument as not being sufficient justification, because to restrict the power that one devolves in this fashion undermines devolution. I do this for two reasons. First, if we agree to devolve this power to the Scottish Parliament, we should trust that Parliament with this power. Secondly, I see no reason to believe that the Scottish Parliament would not be persuaded by the arguments that the noble Earl has made about the potentially unintended consequences of an onerous regulatory process. I am sure that, in consultation, it will be capable of regulating in a way that deals with the issue at the heart of the noble Earl’s amendment, although not at the heart of his broader argument about implications.

I do not propose to repeat all the reasons why the people of Scotland are so exercised about the misuse of air weapons, and why there is a public demand for some form of regulation. I and the noble Lord, Lord Forsyth, have spoken about those before. I congratulate the noble Earl on giving us, in the official record of our debate, a repository of the success of restrictions imposed on air weapons and the obvious effect that sensible regulation has had on their misuse. It would be utterly ungracious of me to point out that I do not remember the Gun Trade Association arguing for these restrictions, and I remember being persuaded on some occasions by lobbying from that area that these restrictions would not work, and would merely cost a lot of money unnecessarily. However, that does not alter the fact that at some stage these arguments may prove to be true, even if they did not in relation to those restrictions.

I congratulate the noble Earl on at least being honest and willing enough to say, from the perspective and interest that he has, that regulation of this nature can be positive and can have a beneficial effect and that if it perhaps has a cost, and if that cost is saving lives or injuries, then it is a cost that society may be prepared to bear.

For the reasons I have given, I am unable to support the noble Earl’s amendment but I congratulate him on his contribution to the debate today, and on providing a quarry of argument which I am sure will inform the Scottish Parliament’s exercise of the powers that I hope it will be given.

[Lord Wallace of Tankerness]

My Lords, I thank my noble friend Lord Shrewsbury for again giving the House the opportunity to discuss these matters. His amendment seeks to ensure that if, following devolution of the regulation of air weapons anticipated by this clause, the Scottish Government were to introduce a system of visitor permits for air weapons, holders of firearms or shot-gun certificates issued in other parts of the United Kingdom would not be required to obtain such a permit in order to use air weapons in Scotland. As has been said, in devolving the regulation of air weapons, the Government are acting on a recommendation of the Calman commission, and we believe that the regulation of air weapons is best controlled locally. My noble friend Lord Shrewsbury has made a very well reasoned case and, as has been noted, he indicated that where sensible and proportionate restriction or regulation of air weapons has been used, it has been done so to some effect. Nevertheless, it is our view, as indicated earlier and in the Bill, that this issue is better decided by the Scottish Parliament.

I do not think that this is a small point. I say to my noble friend Lord Forsyth that the nature of devolution is that a power is devolved, and it is then up to the devolved body to determine how it wishes to exercise that power, obviously within the constraints of the law—and, taking into account some of the very pertinent points made by my noble friends Lord Shrewsbury and Lord Gardiner of Kimble, when that body comes to make policy conclusions. Not the least of these is the cost effectiveness. My noble friend has focused on the cost implications of establishing and enforcing a licensing regime, and I recognise the points that he has made so clearly. These will be matters for the Scottish Parliament and Scottish Government to take into account. We hear them regularly talking about the restrictions and restraints on their funding, but the block grant will have to fund any measures that they take. This will obviously be one of the considerations that they have, obliged as they will be to put forward with any accompanying Bill a memorandum on its cost implications.

As I know my noble friend is aware, the Scottish Government have set up a Scottish firearms consultative panel, and I understand that the director of the Gun Trade Association, an organisation of which my noble friend is the honorary president, sits on that panel. The panel is currently considering, if there is to be devolution of this power, how best to implement any proposals for regulating air weapons. The panel will consider cross-border issues. Indeed, I understand that there was a meeting on Monday at which cross-border were on the agenda. If this amendment were included in the Bill, it would fetter the Scottish Government’s and Scottish Parliament’s discretion as to how they might go about the task of regulating air weapons following devolution and would second guess the ongoing work of the Scottish firearms consultative panel. However, as I have indicated, the arguments put forward by my noble friend are very persuasively articulated. I am sure that the Scottish Government will be open to representations made to them when they are shaping any legislative proposals.

My noble friend Lord Caithness raised the possible costs that would feed through into other parts of the United Kingdom. Those will of course depend on the actual nature of the policy that is put in place. I see the noble Lord, Lord Empey, in his place. He will no doubt correct me if I get this wrong, but perhaps it is worth bearing in mind that, as I understand it, air weapons are controlled in Northern Ireland and any person wishing to go there from Great Britain with an air weapon must apply for a certificate of approval. There is a special form available on the website, which needs to be submitted via a sponsor about six weeks in advance of any visit, but there is no fee. However, a visitor to Northern Ireland from outwith Great Britain requires a visitor’s permit, the point being that air weapons are already devolved to Northern Ireland. I have always believed that one of the strengths of devolution ought to be a willingness to look at experience in other parts of the United Kingdom where policies have been taken forward. Indeed, there is a policy already in place regarding the regulation of air weapons. I hope that what happens in Northern Ireland will be looked at by the consultative panel.

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[Lord Cameron of Lochbroom]

My Lords, it is not merely a matter of syntax—it is what the Crown Estate Commissioners represent. They represent a single body with jurisdiction over the Crown Estate in each of the four constituents of the United Kingdom. It is clear that the amendment would cure the problem and recognise that responsibility. I therefore have no hesitation in supporting it.

[Lord Browne of Ladyton]

My Lords, noble Lords will remember that in Committee I spoke to an amendment in my name and in the names of my noble and learned friends proposing the amendment of the title in the Bill to the simple title of “Crown Estate Commissioner for Scotland”. That did not find favour with the Government—particularly, as I recollect, with the Advocate-General for Scotland—but in the course of the debate it became clear that the Committee was of one view: the least attractive title for the Crown Estate Commissioner was the one that was in the Bill.

The noble Lady, as she has told the House, spontaneously came up with this proposal in the course of the debate, and it appeared to find favour with the government Benches—at least, they were more inclined to respond positively to it than they were to the proposal that had emanated from the opposition Benches. My own view is that there is a distinction between the proposal that I put forward and the one that the noble Lady put forward, but it is in the category of a distinction with little difference. But I understand why the Government may be more inclined to respond positively to something that comes from the Cross Benches. In those circumstances, as Members of the House will see, my noble and learned friends and I have appended our names to the noble Lady’s amendment. I support it for all the reasons that she articulated then and which have been debated at some length. Therefore, I do not think that we need to go into them again.

I was not convinced by the noble and learned Lord’s defence of the title “Scottish Crown Estate Commissioner” but I was convinced by his defence of the process of selection that I had also sought to amend. I have repeated that amendment by laying Amendment 11, but for the purposes of forward planning I advise that when it comes to the appropriate time I will not be moving it.

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[The Duke of Montrose]

I am very interested in this issue, on which I spoke in Committee. However, I am still rather puzzled as to what the Scottish Parliament will gain from this aspect of devolution because, as far as I can see, it already has powers to introduce any speed limit that it wishes on any road. As I drive along roads in Glasgow and out in the country, I come across speed limits that are set at 40 miles an hour and 50 miles an hour. Therefore, I hope that the Minister will indicate why this aspect of devolution is required.

[Lord Browne of Ladyton]

My Lords, I support the noble Lord’s amendment. My reading of the Calman commission report is that it made no distinction between the types of vehicles that should be included in this aspect of devolution. I believe that this amendment supports the Calman recommendation and that the power should be devolved in full, as was recommended by that commission. I agree with the noble Lord, Lord Forsyth, that the omission of HGVs would create confusion on Scottish roads, should there be an unnecessary change of speed limits.

When this issue was raised in Committee, I think the Minister said that the distinction arose as a consequence of the development of signage, which was deeply convincing. However, he also wisely indicated that it would be proper for him to take the issue away and reflect on it. Therefore, the signposts are clear. The House’s position is well signposted for the noble and learned Lord. I hope that he has followed the direction of those signposts and has persuaded his colleagues in the Department for Transport that this is a common-sense proposal. I will resist the temptation to speak to Amendment 13, which I would have supported had the noble Lord spoken to it. As he did not, it is not appropriate for me to speak to it.