Scotland Act 1998 (Modification of Schedule 5) Order 2013

Lord Empey Excerpts

Wednesday 16th January 2013 Lords Chamber

[The Earl of Mar and Kellie]

My Lords, very briefly, and by way of introduction, I believe the referendum will lead to Scotland becoming a better democracy. The process we are involved in at the present moment, and the fact that the Edinburgh agreement was signed in Edinburgh, is a great improvement on what happened in 1921 after a ceasefire in July and fraught negotiations in Downing Street led to a treaty that people probably did not want to sign. The Westminster Parliament has made progress.

I am also mindful of the fact that the original treaty negotiations were held in London in the summer of 1706, and it is a curious phenomenon but the two sides were not allowed to meet. They had to negotiate from separate rooms, sending messengers to each other. We should make certain that we do not remain in that position. At the present moment, listening to the debate, it does slightly sound as though this House wants to talk to the Scottish Parliament without meeting its Members. I hope we can continue to make progress towards proper democratic discussion.

[Lord Empey]

My Lords, the noble Earl is concerned that people only met at a later stage in separate rooms. People in negotiations that I have been involved in have been in separate nations, separate continents and different places before we actually got together, so we are well versed in “proximity talks”, which I think was the phraseology that was invented to cover those circumstances.

We seem in this country, of late, to have developed referendumitis, because we are looking at a whole series of them now. Indeed, later this week, we may be offered a menu for further referenda. Not wishing to be outdone by the noble Lord, Lord Cormack, the sole English contributor to this debate, I felt it appropriate for my part of the world to make a few comments, because, as noble Lords have said throughout the debate, all of us would be affected one way or the other. However, the most important thing is that we are a union with component parts, and there is no doubt in my mind that the people of Scotland have a right to choose. The job of this Parliament is to ensure that the choice is fair and that the options are put to them clearly, as has been said many times before.

I will just deal with the order, because noble Lords will all have great sympathy with much of what the noble Lord, Lord Forsyth of Drumlean, has said today. However, I think that the noble Lord, Lord McConnell of Glenscorrodale, who is not in his place at the moment, put his finger on it. Whether we like it or not and whether this Parliament has had enough time to debate it or not—and I think it has not—the fact is that the Prime Minister and the First Minister have shaken hands. Quite frankly, any departure from that at this stage would have cataclysmic results on the implications and how that would be spun in the circumstances. It is done, and whether we like it or not, we have to work with it.

I will also deal with the point of breakdown. When we had our referendum—nearly 15 years ago, believe it or not—I had the task of being co-ordinator for the Ulster Unionist Party’s “yes” campaign. Not only were communities divided but so were families—husbands, wives, sons and daughters—and some of those scars have not yet healed. Let us be under no illusions but that the tone in which the debate is conducted is going to very important for the long-term relationships. People keep telling us today of the implications of the miners’ strike and the differences that arose there, and I know that both communities and individuals remained very divided.

Questions of this nature are extremely divisive, and constitutional questions, certainly where I come from, are exceptionally divisive. What we are witnessing at home at the moment is terribly sad. Sadly, Mr Gerry Adams of Sinn Fein, in his new year message, as reinforced in an article yesterday, is now trying to promote a referendum in Northern Ireland. Under the Belfast agreement, the only question, effectively, is, “Do you wish to be part of a united Ireland?”. Putting that particular, most divisive, issue front and centre as your main campaign for the next few years running up to 2016—the 100th anniversary of the rebellion in Dublin—is irresponsible to say the least in the present circumstances. When we should be talking about our economy and trying to get young people into work, I would have thought that talking about a referendum is the last place anybody wants to be. I deeply regret that.

With regard to complacency, I strongly endorse what the noble Baroness, Lady Liddell, has just said. If you have a 50% turnout, 33% can be 66%. You will get differential turnouts; I have seen it happen. If one side of the argument feels, “Ach, well it will be all right on the night”, but the diehards on whatever side of the argument come out, the percentages in an opinion poll are almost an irrelevance. It is who turns out on the day that matters.

I share the concerns about intelligibility and all these sorts of things. These arguments go over people’s heads. We have had three terms used in this debate already: “country”, “state” and “nation”. If you go and ask somebody for a definition, we all slip in and out of that language in our own parlance. As an Ulsterman looking across the channel at Scotland, to me, Scotland is a country. It has to be a country; if it were not, it would be part of the amorphous landmass of Great Britain. If it is not a country, why does it have its own law, traditions and different languages? Why does it have a history of attitudes, religion and a pioneering spirit and all that goes with that? Of course it is a country. I also think it is an independent country, because it has all those things, which define a country. However, if we get into an argument with somebody in the street about whether a country and a state are two different things, and if we have to go to the door arguing and trying to explain the difference between those things, I fear we are in some difficulty.

All I can say, with the experience that we have had, is that this will be divisive. We have to try to keep the best humour possible, as the noble Lord, Lord Cormack, said, but not underestimating the downsides and implications—and try to keep the argument as simple as possible. I sincerely hope that the people of Scotland will choose to remain within the union, because it would have huge implications for us if they did not. It is their decision, and I respect that, but the playing field has to be level, with nobody manipulating it, and the question asked has to be a genuine question that makes it clear that they are seceding from the United Kingdom. Anything less than that will leave an argument. There are still people in Northern Ireland today who do not accept the referendum result that we had, even though it was won with 71.5%. Because of our cross-community issues, people say, “Oh, well not enough of this group voted or of that group”. I can think of nothing worse or more corrosive than an argument over the process. I sincerely wish the people of Scotland well, but sincerely hope that the Government do not allow anybody to wipe their eye in the months ahead.

[The Earl of Caithness]

My Lords, as the noble Lord, Lord Empey, has said, words are important, and I come back to this word “independent”, or “independence”. I agree with my noble friend Lord Forsyth—on the hypothetical question that the Scottish Government would like to pose, I would very much like to vote yes because Scotland is, to me, an independent country now within part of the UK. I have been banging on about the use of the words “separate” and “separatism” rather than “independence”, and must ask my noble friend why the Government have used “independence” in the order. Proposed new Section 5A, under Article 3 of the order, refers to,

“the independence of Scotland from the rest of the United Kingdom”.

That only encourages the Scottish Government to continue using “independence” rather than “separation”. Why are the Government using that wording rather than saying, “Separate from the rest of the United Kingdom”? That would make what we are all talking about and what the Scottish Government actually mean much clearer.

I also echo what the noble Lord, Lord Pearson of Rannoch, said. I have been longing to ask the question, “Why have we got this order now?”. My noble friend Lord Forsyth said that the Electoral Commission has told him it needs 12 weeks to study the question and formulate its reply. That is in only three weeks’ time, but so much of this debate has been about what the Electoral Commission might have said or might not say. Why have we brought it forward this time? It has been a huge disservice to Parliament, and we have not had the sort of debate that we could have had. It leads one to ask the question put by the noble Lord, Lord Browne. If the Electoral Commission says, “No, that is a leading question”, what are the legal remedies if the Scottish Government persist with their proposed question?