Scotland: Devolution Debate

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Department: Attorney General
Wednesday 29th October 2014

(9 years, 6 months ago)

Lords Chamber
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Lord Empey Portrait Lord Empey (UUP)
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My Lords, this debate is on devolution following the Scottish referendum. Unlike many colleagues in this Chamber who, after the Scottish referendum, expressed the view that it was a great victory, I do not think that is the case. It was a damned close-run thing. Not only that, having succeeded in winning, the ink was barely dry on the ballot papers when we were busy snatching defeat from the jaws of victory. I am no constitutional expert but there are two things that I know. First, you cannot sensibly reform a constitution such as ours on the hoof.

The second thing I know is that we are perfectly capable of destroying a similar constitution on the hoof. These things need to be thought through, and we have had years to think them through, but little or nothing has emerged. All of a sudden we get a shock. I have to say to noble Lords that it does not matter what we do with the vow that was made by our leaders. Of course it must be implemented, but whatever is put forward will not be enough because the people who will reject it have no gain to make by accepting it.

That is my biggest concern. I have always been in favour of devolution, and I accept that there will inevitably be an asymmetric situation in the United Kingdom. I also accept the frustration of the people in England. Let us face it: we have a Cabinet Minister outside this building telling the people of Scunthorpe how many times a month their bins are going to be emptied. That does not strike me as being somewhere where power should be, so we have a long way to go and we know it.

As the noble Lord, Lord Tyler, asked a moment ago, what will become of your Lordships’ House? Are we to go around with badges on us, or with flags on our foreheads, to say when we can go into a Lobby and when we cannot? What are we going to do? These things are fundamental and can be dealt with in a coherent manner only when everybody sees the working out of the constitutional changes that are inevitable now. We have set our shoulder to the wheel. Did we intend the machine to run down the hill out of control? Probably not, but that is where we are.

The nationalists in Scotland will never accept anything that we do here unless they get their own way. People like me know how nationalists think. It does not matter what we do in Stormont either—the same thing will apply.

The noble Lord, Lord Sewel, is in his place, and I want to say something about the convention in his name, which has been mentioned. That roughly said that this Parliament would not interfere in the day-to-day affairs of the devolved Assemblies. I understand that. However, as a result of that, we have turned the devolved Assemblies into giant ATMs. The politicians in them spread out the largesse—and I was one of them. We were spending billions of pounds, and if we did not have enough to spend, this place was to blame. It was a shot to nothing, as snooker players would say. We cannot possibly win in Westminster. There has to be some link so that the people understand where the money comes from and what the consequences are of overspending.

At Stormont today they are in crisis because they cannot control their own budget, something that has never happened before, despite being in charge of this for years. It is a mess. My fear is that, unless there is a clear link between what is spent and clear accountability by the devolved regions for what they spend, there is no way that we will have any United Kingdom identity or brand. It will simply be Holyrood or Cardiff or London or Belfast or wherever.

We have a lot of work ahead of us if we are to have a coherent constitution that meets the needs of our citizens. I feel very strongly that in Northern Ireland after 1920, Whitehall and Westminster thought the problem was solved. Northern Ireland was dealt with by a junior officer at the back of an office in the Home Office. I believe that, if this Parliament had had a meaningful role, oversight of and a say in what was happening in Stormont, we would never have got into the mess we got ourselves into in the 1960s and 1970s. We are going to repeat the same mistake, because it was clear when the Northern Ireland (Miscellaneous Provisions) Bill was brought forward earlier this year that the same thinking and mentality are still there.

I can say only that I am a great believer in our union—a great believer in the United Kingdom. The chairman of our Constitution Committee, the noble Lord, Lord Lang of Monkton, who will speak shortly, spelt out a vision for the union for the years ahead. We need that vision first, and then we have to decide what the function is, and the form will follow. I think we are doing it back to front.