Scotland: Independence Debate

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Department: Attorney General

Scotland: Independence

Lord MacGregor of Pulham Market Excerpts
Tuesday 24th June 2014

(10 years, 5 months ago)

Lords Chamber
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Lord MacGregor of Pulham Market Portrait Lord MacGregor of Pulham Market (Con)
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My Lords, my noble friend Lord Strathclyde referred to the Scottish Conservatives’ Commission on the Future Governance of Scotland report. I understand that it has had widespread coverage in Scotland but very little down south. That is a pity because it is well worth reading. It sets out proposals for a strengthened Scottish Parliament in the context of a no vote in the referendum, based on the strong Conservative principles of responsibility, transparency and accountability. It is particularly interesting in the context of accountability, with its proposals in relation to income tax and the closing of the fiscal gap.

I want mainly to concentrate on the Select Committee report. There have been many reports over the past year or more from the UK Government, the Scottish Government and both Houses of this Parliament on the many crucial economic, fiscal, defence, currency and international issues that the referendum involves. How much I agree with all the excellent points so well expressed by my noble and learned friend Lord Wallace and his opening comments on that. This report is the first proper analysis of the constitutional and parliamentary issues, as my noble friend Lord Lang made clear in his outstanding speech. It is clear from the report how crucial they are. The report is a riveting and impeccable analysis and I warmly congratulate the noble Baroness, Lady Jay, and her committee on it.

I wish to stress three points. First, if there is a yes vote, it is extremely unlikely that the negotiations can be completed by May 2016. It took our Economic Affairs Committee nine months to complete its early analysis of the economic implications. Since then it has taken both Governments about a year to do the detailed reports on all the issues that need to be covered.

It is clear that on the currency issue Scotland will not be able to retain the pound, but much flows from that for the negotiations. It is clear that Scotland will have to negotiate on entry to the EU and the eurozone. That will take time, with an uncertain outcome. The noble Lord, Lord Robertson, has just made clear the position on NATO. On everything else the negotiations will be massive and complicated, as the noble Lord, Lord Richard, pointed out. They are far-reaching in their implications and with parliamentary approvals required. Meanwhile there will be a UK general election in the middle and no certainty as to the outcome of that, possibly involving a change in the UK Government’s negotiating position on key issues, as paragraph 93 points out. There is therefore the possibility of reopening parts of the negotiations already working towards agreement; paragraph 116 of the report makes the points on that very well. I agree with the report and my noble friend Lord Lang today that any negotiations should take as long as necessary and should not be foreshortened in order to meet a deadline set by one party to those negotiations.

Secondly, there is the position of the Scottish MPs prior to independence. It is, as the Secretary of State for Scotland stated in paragraph 101 of the report, blindingly obvious that no Scottish MPs could be part of the negotiating team for the rest of the UK, nor could MPs from Scottish constituencies be involved in voting on any measures concerning the outcome of the negotiations, nor indeed in holding the negotiators for the rest of the UK to account. As paragraph 135 of the report makes clear, and this is worth repeating:

“We conclude that MPs for Scottish constituencies should not be involved in holding the negotiators for the rest of the UK to account, nor in voting on any measure which ratifies the outcome of the negotiations. In the event of a ‘yes’ vote”—

this is the key point—

“we recommend that the Government put before Parliament a proposal that would put this matter beyond doubt before the 2015 election”.

I agree with that.

This brings me to my final point. It is clear to me that Scottish MPs elected to the UK Parliament cannot continue to serve in that Parliament after independence day, so I agree with the report on this point. I note the observations in paragraph 66 by the noble and learned Lord, Lord Hope, who will be speaking later, that under current legislation all MPs are elected to serve a full term and that:

“Previous changes to representation, the franchise or the distribution of seats have come into force at the subsequent general election”.

In this case, I believe that that would not be tolerated by voters in England, Wales and Northern Ireland. As my noble friend Lord Lang pointed out, it would be the West Lothian question—although I would put it as “the West Lothian question in spades”. Legislation to remove these Scottish MPs after independence would be essential. What would the SNP Government say if there were many MPs from English constituencies in a Scottish Parliament, perhaps even holding the balance? This could have profound implications for the rest of the UK Government at that time and involve the possible disruption of another early election at a time when, given all the economic, world and security issues facing us, we would least want it.

We have tended to focus on all the other substantial issues of an independence vote so far. We owe a debt of gratitude to the Select Committee for bringing out so clearly and so compellingly issues that are just as important as the economic and defence ones. I was born and brought up in Scotland and I owe so much to the values, benefits and attitudes that my Scottish education gave me. At a time of such turbulence and challenge in the world today, given the huge constitutional upheaval and parliamentary changes of a yes vote so well identified in this report, and given especially the benefits to Scotland and the rest of the UK that have been so well articulated by the Minister today, I profoundly hope that the United Kingdom will stay united.