Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015

Debate between Lord Lexden and Lord McAvoy

Thursday 26th February 2015 Lords Chamber

[Lord Lexden]

My Lords, I have listened with tremendous interest to this debate and with the utmost appreciation for the wonderful exposition of the unionist case from my noble friend Lord Forsyth. One point above all has been borne in upon me: the absolute need for a consistent voting age throughout our country. It is a question of deep principle. Surely that is what we need to settle. Against that background, would it not be appropriate for the Government to withdraw this order, to secure—although, of course, it cannot come immediately—a proper parliamentary decision on the voting age? That should surely come first. That point will stay with me above all from this tremendously enjoyable and important debate.

[Lord McAvoy (Lab)]

My Lords, let me come to the aid of the Government. I have really enjoyed the debate and want it to go on longer, but I think we might be getting to the time when we are pushing our luck. I will be relying very heavily on the speech made by Margaret Curran in the other place: a brilliant exposition of the Labour Party position on this issue and on this methodology. I understand the concerns raised about the methodology and I will deal with that later in what I have got to say.

As Margaret Curran said, it is worth remembering that the referendum was decisive in what it decided: to stay within the union. It was also decisive in looking for change. Here I must say that it is easy for people to demonise and insult Gordon Brown, but he is a giant of the international stage, a giant of the Westminster stage and a giant of the Scottish stage, and people who nark away are pygmies in comparison. He came forward almost single-handedly at a time when the future of our country as a member of the United Kingdom was in doubt. It is easy to deride some of his actions, but I am one of those who take the view that, had it not been for the highly significant intervention of Gordon Brown, the outcome of the referendum may not have been so decisive. The call for change is certainly there. That referendum resulted in a degree of consensus on new powers for Scotland, coalescing around the Smith commission.

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[Lord McAvoy]

I am grateful to my noble friend Lord Reid of Cardowan. I was coming to the Better Together campaign, but Gordon Brown was specifically mentioned and that is why I led with offering my thanks and congratulations to him.

[Lord Lexden]

Given that there has been considerable comment about Gordon Brown, does the noble Lord endorse his latest requests for movement beyond the Smith commission? Does he endorse Mr Brown’s latest utterances?

[Lord McAvoy]

I have not studied them in detail so I am not quite sure. However, we are dealing with this measure today.

On my noble friend Lord Reid’s point, Alistair Darling led the campaign, Jim Murphy went round the country with his Irn-Bru crates and a large number of other people were also involved. One of the hidden powers behind the transformation of the Better Together campaign was my honourable friend Frank Roy, MP for Motherwell and Wishaw, whose training in the Whips’ Office came through in spades and he certainly helped to deliver. I hope that completes the panoply of people I have to thank for the result.

I have mentioned Ruth Davidson—she was fine—and I am trying to think of a Liberal I can mention, but I will move on.

Northern Ireland (Miscellaneous Provisions) Bill

Debate between Lord Lexden and Lord McAvoy

Tuesday 4th March 2014 Lords Chamber

[Lord Lexden (Con)]

My Lords, my noble friend Lord Trimble spoke for me regarding the events of last week. I associate myself completely with his remarks. I have two questions arising from what he said, and to which he himself gave voice. I shall repeat them and ask the Minister for replies to them. First, how was this dishonourable and disreputable policy allowed to continue under the current Government, from whom I and many others hoped for better standards and a better approach? Secondly, why was all knowledge and all information about this policy withheld from the devolved institutions when security and justice were passed to them? We have been told repeatedly in this debate that we must respect the devolved institutions and that they must have entire responsibility for those things that are in their Province and devolved to them. Now we hear that the Government themselves have not adhered to that principle. Why?

[Lord McAvoy (Lab)]

My Lords, I shall speak briefly to the amendments. The Opposition welcome them. In Committee, concerns were expressed by several noble Lords about the current provision in Clause 6 to make a reduction in the size of the Assembly a reserved matter. These amendments would limit any reduction in the size of the Assembly to five members per constituency, and would make it clear that any reduction must have cross-community support in the Assembly. They would also prevent the Secretary of State putting forward for Royal Assent any Bill passed in the Assembly to reduce its size if that Bill did not have cross-community support.

I place on record the Official Opposition’s respect and admiration for the contributions made by several noble Lords in the House today. The situation over the past week has been extremely difficult, and it is good to have an opportunity to discuss it. The House has served Parliament and the country well with the tone and content of all the comments, which have been reasoned, informed and constructive. They have looked forward, with no great hassle about delving into the past but recognising that the past is presenting problems. As we have all discussed before, Northern Ireland is on a journey, and this is a particularly bumpy part of the road.

I would like to pick up particularly the comment of the noble Lord, Lord Alderdice, about disengagement. The message must go out from the Chamber today that there is no disengagement. The message must go to the UK Government, the Republic of Ireland Government and all parties in this House and in the other place that we cannot allow this situation to derail the whole process. There are legitimate questions to be asked and it is right that they are, but today’s contributions give me hope that we will collectively get over this situation because of the reasoned response of so many Members with so much experience in this House and in Northern Ireland itself, and we will move on.

This House has shown a flexibility and maturity that other places are perhaps too strict to deal with. This is not at all meant as a criticism of the Minister but, in line with a point that has been made, I ask that in any future Statement on this issue adequate time is allowed, rather than the usual 10 minutes that we would get. This debate today has showed that, without taking overlong, the contributions have been extremely well made, and I ask that any future Statement be that little bit longer. As I say, that is not meant as a criticism of the Government or the Minister, but the maturity and dexterity demonstrated today by all concerned show that this House is the place to deal with these issues.

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[Lord Lexden]

My Lords, I have supported my noble friend on previous occasions on which he has brought forward amendments designed to strengthen the constitutional basis on which an Opposition would be established in the Northern Ireland Assembly. As he has explained, this is a more modest, scaled-down version of the amendments that have gone before. It still seeks to give effect to the fundamental principle, which is extremely important, on constitutional grounds, as I have said previously. My noble friend and I have listened to the Government’s view. We have held discussions with the Secretary of State. We have sought to meet the points that have been raised to render this amendment as compatible as possible with the Government’s view of the position. I hope very much at this late stage that my noble friend will be able to indicate the Government’s support for it.

[Lord McAvoy]

My Lords, we come to an issue which was discussed at Second Reading, in Committee, on Report and now again at Third Reading. The creation of an Opposition in the Northern Ireland Assembly already has been discussed extensively at every stage of this Bill but I need to apologise if my remarks sound repetitive. I maintain the position that the Opposition have held before. This amendment acknowledges the powers of the Assembly regarding an Opposition. Behind it there is an understandable concern to prevent the Assembly withdrawing anything it were to grant. However, as I have said so many times before, the Northern Ireland Assembly is a special creation designed to have as many representatives of the community in different shades as possible. It is not the time for this amendment.

I repeat that unfortunately this is not the time to accept this amendment. In June 2013, the Assembly and Executive Review Committee concluded that, as yet, no cross-community consensus had been reached. This followed a government consultation in 2012 that reached the same conclusions. The Assembly must reach a cross-community consensus on the creation of an Opposition before Parliament can consider legislating in this way. Consensus cannot be created retrospectively as this amendment would seek to do. It is for the Assembly to make the first moves towards creating an Opposition.