Scotland: Independence

Lord Elis-Thomas Excerpts

Tuesday 24th June 2014 Lords Chamber

[Lord Elis-Thomas (PC)]

My Lords, when I sent my name in for this debate, I suspected that I might end up in a minority but I did not expect to be in a minority of one. However, there is on the wall of this House a very important reminder of the failure of the House of Lords to understand issues of home rule, as it was then called. Of course, I am referring to the two famous portraits of the 1890s which show their Lordships—in those days bedecked in fine top hats, of course—doing down the aspirations of the Irish people. I wish to speak about the idea of the exercise of sovereignty within an existing state and the way in which that can and should happen in a context that respects everyone’s rights to self-determination as peoples.

I am very grateful to the Constitution Committee for the way in which it has exercised its judgment on this issue but I am concerned about the constitutional framework that is being pursued. My suspicion is that the notions of a continuator state and a successor state are not precisely analogous in the present position. I know that there are no other precedents but it is important for us to consider how the devolution transformation has changed the United Kingdom already and how it might change it again.

What has really dismayed me about this debate is that your Lordships seem to believe that the United Kingdom was created by almighty God. The United Kingdom is a constitutional chapter of accidents, just like most other constitutions are. As someone who has studied the history of these islands, I am aware that the United Kingdom did not remain a kingdom as originally conceived, with the union of the kingdom of Scotland and the kingdom of England, which had already taken on the Principality of Wales, with Ireland, but that existed in history only for some 150 years. So why is that state form the only thing that we can envisage in the 21st century?

I confess publicly that if I had a vote in Scotland I would vote yes. That does not make me a nationalist with a capital N and it certainly does not make me a separatist. The badge that I habitually wear indicates which Union I think is the most important to belong to—the European Union—alongside the nation of Wales, but that does not mean that I do not consider it to have been a great privilege in my political life to have served in this building for 40 years. That is my approach to this issue.

What I have tried to do here for that period, especially the 15 years I have spent trying to establish the constitution of Wales, with a lot of help from my noble friend Lord Richard—I was glad to hear him say earlier that his work is yet unfinished; I look forward to the time when we will have more equality in the numbers of Members who serve across the United Kingdom in our assemblies—is to have a positive approach to trying to make devolution work. To that end, I have always emphasised the important principle of the sovereignty of the people and of the self-determination of peoples. This is what I find very attractive about both the original Scottish Government White Paper—much attacked and savaged in this Chamber—and, more recently, the draft independence Bill.

I am a big fan of what is usually known as the continental way of making constitutions—in other words, putting down basic principles and indicating fundamental rights—and here we have a fine example in how a series of policies is set out. The noble Lord, Lord Robertson of Port Ellen, has already referred to this matter. As a former Defence Minister—and someone with whom I have had disagreements in the past on matters of nuclear disarmament—he is quite seriously concerned about a Scottish Government who are attempting to make nuclear disarmament a principle of the constitution. Well, for heaven’s sake. We have a situation where 190 countries have already signed the non-proliferation treaty, so is it not rather good—for some of us, anyway—that one of the nations of the United Kingdom might decide to do that by its constitution?

Apart from the international issue of disarmament, there are issues relating to social policy, which is set in the constitution, and in particular there are issues involving the environment. Again, I would be very attracted to a yes vote on these grounds—the commitment to legislate on biodiversity and to address the mitigation of climate change, following on from what the Scottish Government have already done in this area in the Climate Change (Scotland) Act and so on. The notion of placing in one’s constitution, as about 90 other countries have done, the right to a healthy environment is also attractive. However, perhaps most attractive is the provision for a permanent constitution to be prepared as a written constitution by a further constitution convention. It is not something that the Scottish Government themselves are seeking to do; it is something that they are seeking to establish by the same principle by which devolution was established—that is, through a convention made up of civic society.

In contrast to everyone else who has spoken, I do not see these huge fears about the future of the United Kingdom and I do not share the pessimism. I will co-operate of course with whatever refreshed union—to use the term of the noble Lord, Lord Purvis—will emerge from these discussions. I still believe, however, that the best way forward is a yes vote in Scotland. This would have a catalytic effect on constitutional development not only north of the border but across the Marches of Wales.

[Lord Richard]

Since the noble Lord was kind enough to refer to me, I wonder whether he could answer a question. I heard what he said—I listened with great interest—but is he saying that at the end of the day he wants to see a United Kingdom in which Wales, Scotland, Northern Ireland and the regions still participate, or is he saying that he wants to see a United Kingdom which Scotland, and possibly also Wales, is no longer part of?

[Lord Elis-Thomas]

What I certainly see is the constitutional position, especially since there will be one common head of state, where what we are talking about is not the end of the United Kingdom but the creation of united kingdoms or the recreation of united kingdoms, which of course includes the Principality of Wales and indeed a significant portion of the island of Ireland. Especially when we look at the new relationships within the island of Ireland, there are myriad possibilities. I look forward with excitement to the further changes in the history of our kingdom.