Scotland: Constitutional Settlement

Debate between Lord Lang of Monkton and Lord Wallace of Tankerness

Tuesday 10th March 2015 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, there is nothing in the proposals that were in the agreement of the Smith commission and the draft clauses that would add another layer of government. The premise of my noble friend’s question is wrong.

[Lord Lang of Monkton (Con)]

My Lords, as this is the third enduring settlement that has been offered in the past 17 years to strengthen the union through devolution, and as three of the signatories of the Smith convention moved on rapidly, using it as something of a stepping stone to demand further change, does my noble and learned friend not agree that what is on offer is not so much an enduring settlement as a springboard to separation? I echo the words of my noble friend Lord Lexden to emphasise that this matter has not been properly debated in the United Kingdom context and that before anything else happens it should be fully debated in both Houses of Parliament, with the United Kingdom’s interests put to the fore?

[Lord Wallace of Tankerness]

My Lords, as I indicated in my answer to my noble friend Lord Forsyth, no one actually accepted that the 1997 or 1998 Acts were the final word. Clearly more needed to be done to ensure financial accountability; that is something that I hope that my noble friend would probably endorse as a good, democratic principle. These are matters that should be debated by the United Kingdom Parliament; it has heard that all three United Kingdom parties are committed to a Bill being brought forward after the Queen’s Speech, when there will be ample opportunity for debate.

Succession to the Crown Act 2013

Debate between Lord Lang of Monkton and Lord Wallace of Tankerness

Wednesday 26th February 2014 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, it is fair to say that all the state premiers in Australia have indicated their support for this measure, and that the Commonwealth Government of Australia stand ready to put in place the necessary legislation once each of the states has enacted its legislation.

[Lord Lang of Monkton (Con)]

My Lords, does the Minister agree that this Bill, which was always a sensitive measure, becomes more sensitive with every day that passes without agreement? When the Bill passed through this House it was emphasised to us that the Bill was urgent and unamendable because all the other realms had agreed to all the principles underlying it—all the more reason, therefore, to urge my noble and learned friend to ensure that representations are made to ensure the speediest outcome in those realms that have not yet completed the process.

[Lord Wallace of Tankerness]

My Lords, as I indicated, there is only one realm that has still to legislate. Some realms took the view that, under their own laws, legislation was not required. I have indicated the position in Australia and have no reason to believe that anything other than good endeavours are being used to get the necessary legislation in place.

Succession to the Crown Bill

Debate between Lord Lang of Monkton and Lord Wallace of Tankerness

Thursday 28th February 2013 Lords Chamber

[Lord Wallace of Tankerness]

We have not had the representations that one would expect to receive. I suspect that under the present law there are people who, understandably, do not know that, as a descendant of King George II, they are expected to get consent from the sovereign if they wish to marry. Indeed, we seek in this Bill to address the issue of those who have, as it were, unwittingly married.

The other important point perhaps addresses the point made by my noble friend about the European Convention on Human Rights. There are two issues here. First, the European Court of Human Rights has generally been very reluctant to engage in issues which go to the heart of a nation’s constitution and who should be their head of state. Secondly, unlike the 1772 Act, which made a marriage void if the consent of the Sovereign was not forthcoming, this does nothing so significant. It simply removes the person from the line of succession and the marriage will still be valid. It means only that the person who had not received consent would not take their place in the line of succession.

My noble friend Lord Lang asked where the number six arose from. Ahead of the Perth agreement my right honourable friend the Prime Minister wrote to each realm Government proposing changes to the law of succession principally with regard to the removal of male bias and the bar on the heir marrying a Catholic. At that point the realm Governments were also made aware of the issues surrounding the Royal Marriages Act and the view of this Government that it was outdated. Subsequent discussions with the realm Governments were led by New Zealand which concluded that it was in the public interest and reasonable and proportionate for those who are genuinely close to the Throne to seek consent to marry. To avoid the same problems presented by the Royal Marriages Act in attaching a monarchical consent requirement to the descendants of a specific monarch—at Second Reading I think that someone suggested that we could make it the descendants of George VI rather than George II; that was thought to store up problems for the future—the number six was proposed and agreed. My right honourable friend the Prime Minister then wrote to each of the realm Prime Ministers to confirm their consent to this provision.

I apologise that I was unable to respond to my noble friend Lord Trefgarne at Second Reading when he asked whether consent had ever actually been refused under the 1772 Act. So far as the Government are aware, there has been no instance when the sovereign’s consent to a royal marriage has been refused. My noble friend Lord Northbrook asked in relation to Amendment 14 whether the common law still applies to monarchical consent in cases such as the remarriage of a dowager queen. There is a good argument that the 1772 Act replaced all common law provisions on royal consent to marriages, but it also could be argued that because the 1772 Act applies to the descendants of George II, the common law requirement might conceivably still apply to members of the Royal Family who are not descendants of George II, for example in the remarriage of a dowager queen or a prince consort. But these instances would not affect the line of succession and it is important to recognise that what we are doing here relates only to that. The Bill is concerned with people who may become the sovereign, not with members of the wider Royal Family. It has a specific purpose.

As I say, no number will be perfect, but if one considers that, in the 240 years since the 1772 Act went on to the statute book, the furthest away in line from the Throne at the time when consent for marriage was sought was three; we are allowing for three more. I believe that the figure is a rational one and I would invite my noble friend to withdraw his amendment.

[Lord Lang of Monkton]

My Lords, I know that my noble and learned friend has a job to do, and that is to get this Bill through intact. I have no doubt that those are the orders he has been given and that the word “Resist” is printed on every page of his brief. The fact remains, however, that he must have heard the almost unanimous voices in this Chamber expressing their support for an expansion of the number from six. My noble friend Lord Northbrook offered an alternative of either four or zero. I would live with zero, but only if the provisions that still require the sovereign to be a member of the Church of England were withdrawn. That would remove the tension that this Bill otherwise builds into the royal succession; that is, between those who are allowed to marry Catholics and those who cannot inherit the Throne unless they are members of the Church of England.

My noble friends Lord Lexden, Lord Lyell, Lord Forsyth and Lord True gave some fine additional historical examples of the sort of problem that can arise in these circumstances. My noble friend Lord Lexden mentioned in particular the history of the gun pellets through the window at Sidmouth and that house in the rainstorm during which Prince Edward contracted an illness from which he died a week later, thus precipitating Princess Victoria up the line. There was another incident, I believe, when a pony and trap bearing the princess panicked and sped off, and she very nearly died. In answer to the question put by my noble friend Lord Lexden, if she had died, my belief is that Prince Ernest Augustus, the Duke of Cumberland and Teviotdale, would have inherited the Throne. He subsequently went on to become the King of Hanover where male primogeniture still predominated, when King George IV, I suppose it would have been, could not have inherited that Throne when it became vacant.

My noble and learned friend said some very kind things about what I have proposed and the arguments I advanced, but then proceeded to reject them without going further than talking about “arbitrary” and “pragmatic”. If I heard him correctly, he said that none of the historical characters I mentioned had reached the Throne. Queen Victoria reached the Throne, and he has not risen to that point.

[Lord Wallace of Tankerness]

My Lords—

[Lord Lang of Monkton]

Perhaps I may finish my argument before he denounces or deals with it. Queen Victoria would then have had to give consent to herself before she could have married Prince Albert. My noble and learned friend will argue, “Ah, but she would have been guided by Ministers”. Lord Melbourne was a pussycat who doted on Queen Victoria and he would not have said no. He had enough problems already with Lady Caroline Lamb. I shall give way to my noble and learned friend.

[Lord Wallace of Tankerness]

I apologise if my noble friend misunderstood me; I said that no one whom he mentioned, who had gone into the list of six, come out of the list and then gone back into it, had actually gone on to inherit the Throne. That was my point. Of course, Queen Victoria as Princess Victoria inherited the Throne, but I think that the idea of the sovereign giving consent to him or herself is one that has possibly arisen on other cases too. I cannot immediately think of what they were, but that is not even an anomaly; one cannot give consent to oneself.

[Lord Lang of Monkton]

If I burned the night oil I might be able to find an example. What my noble friend says simply underlines the fact that he did not answer the point about Queen Victoria having to give consent to her own marriage. That must be a fault in the Bill, and I ask him to consider it further before we reach Report.

My noble and learned friend concluded by saying that no number is perfect. I agree, but six is demonstrably imperfect. So much of this Bill has been shown to be ill considered and imperfect, creating anomalies and potential for long-term difficulties of a very considerable nature. When we legislate in a Bill of this kind, we are legislating not just for decades, but for centuries, and so many points have been made today that require further thought. I will withdraw the amendment, but I will consider whether I should bring it forward again on Report. I hope that my noble and learned friend will give very serious thought to what most people in this House—and, I believe, in the other place as well—consider to be an ongoing problem. I beg leave to withdraw the amendment.

Scotland: Constitutional Future

Debate between Lord Lang of Monkton and Lord Wallace of Tankerness

Tuesday 10th January 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, with regard to the noble Lord’s first question, it is very clear on page 16 of the consultation document that the United Kingdom Government believe that the Electoral Commission should oversee any referendum on Scottish independence. Indeed, we have included provision in the draft Section 30 order which is appended to the consultation document. However, we put the question because this is an issue which the Scottish Government have called into question. It is something that should be consulted on, but the UK Government make it very clear that we believe that the body best equipped to oversee this, with a track record of overseeing impartially and fairly, is the Electoral Commission.

With regard to the timing of business, as a non-business manager it is always very difficult to embark into that territory. However, the consultation will be current because there are issues other than the question of the noble Lord’s amendments, and amendments tabled by other noble Lords, with regard to independence. There are other issues to be debated in Committee. Also, it would not necessarily do any harm to air some of the issues—perhaps in more detail, which we have in this consultation—and of course there will still be the Report stage to come back to, by which time we will have had the outcome of the consultation.

[Lord Lang of Monkton]

My Lords, I add my welcome to this Statement, which is absolutely excellent. I welcome its clarity and its tone. I welcome its firm and fair sense of purpose, particularly with regard to the timing. I hope that the absence of a reference to an 18-month time limit in no way suggests that the enthusiasm for speed has diminished in the hands of my noble and learned friend and my colleagues in Government.

However, whatever became of Braveheart? Last February, the Scottish National Party put out a policy document, which I am told said that it would hold a referendum as soon as possible. Now, less than a year later, it seems to have disappeared into the mists of time, so it is Braveheart to shrinking violet in less than one year. I hope that my noble and learned friend will press on, for the reasons that the noble Lord, Lord Sewel, gave. The Scottish economy is undoubtedly suffering and will continue to suffer as a result of the uncertainty which is happening. Investment is falling, inward investment is low and company formation is very low. Unemployment is rising faster in Scotland than elsewhere in the United Kingdom. We need firmness, clarity and a modicum of speed, provided always that we can ensure that all the facts and reality of the figures and consequences for Scotland are laid clearly before the people before a vote is taken. That requires independent verification by some kind of body, as my noble friend Lord Forsyth has suggested in the past.

[Lord Wallace of Tankerness]

My Lords, I am very grateful to my noble friend for his welcome for the approach which we are taking. As I indicated in my response to the noble Lord, Lord Sewel, it seems to be self-evidently the case that a question of Scotland's future within the United Kingdom is a cause for uncertainty as long as it remains unresolved. That indeed is why my ministerial colleagues and I are of the view that a referendum held sooner rather than later would be better. That is stated in the consultation but we thought it important that other people in Scotland, and indeed outwith Scotland, get the opportunity to express their position on the view.

My noble friend referred to Braveheart and shrinking violets. I note that in the Scottish Government's White Paper, Your Scotland, Your Voice, published in November 2009, the First Minister said:

“It is now time for the voice of the people to be heard—in the referendum on Scotland’s future we intend to hold in November 2010”.

Their manifesto for the 2010 elections said:

“We are taking forward a Referendum Bill in the Scottish Parliament this year”.

I just observe that it seems rather odd that when they were in the Scottish Parliament without a majority, they were wanting a quick referendum but when they can actually deliver it they want to delay it.

UK: Union

Debate between Lord Lang of Monkton and Lord Wallace of Tankerness

Thursday 3rd November 2011 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I certainly agree that this is not for any one party or any one part of the United Kingdom. Judging by the response to my Answer and to the noble Lord’s Question, we all share a common interest in spelling out the merits for the union, which is of 304 years’ duration. I think the question the separatists have to answer is: why separate?

[Lord Lang of Monkton]

My Lords, if the Greeks can organise a referendum in four weeks, why should it take four years to organise one in Scotland? Is not the idea of the Scottish national Administration in Edinburgh organising a referendum on independence a bit like a plaintiff presiding over their own case in court when seeking a divorce? Would it not be more appropriate for the British Government and the British Parliament to take hold of this issue and to hold the referendum soon with one simple question: do you want Scotland to leave the United Kingdom?

[Lord Wallace of Tankerness]

My Lords, I certainly think that one simple question that focuses on whether Scotland should or should not be a part of the United Kingdom is key. We should avoid any attempt to muddy the waters—as I think one rather influential academic put it last week—in suggesting a second question. That is spot on. I do not think that that would bring the clarity that we need on an issue such as this. I assure my noble friend that United Kingdom government Ministers have been pressing the Scottish Government to come clean as to their timings and, more specifically, what they mean by independence. My right honourable friend the Secretary of State for Scotland has posed a number of questions and we are still waiting for answers.