Scotland: Draft Legislation

Lord Maxton Excerpts

Thursday 22nd January 2015 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, my noble friend will recall that the referendum required a Section 30 order to be passed by this House. It was certainly the view of the United Kingdom Government that there was no legal competence within the Scottish Parliament to do so and there is nothing in these draft clauses that would change that. It would still be a matter for this House and the other place to pass a Section 30 order if there were to be a further referendum.

[Lord Maxton (Lab)]

My Lords, unlike the noble Lord, Lord Forsyth, I am a supporter of devolution and have been for a very long time. I also want to make it clear that, like the noble Lord, Lord Forsyth, I voted by post; I voted before the vow; and I did not vote necessarily for further change or devolution to Scotland. I voted no to the simple question of whether Scotland should be an independent country. That is my first point.

My second point is that it is all right to say, “It’s a matter for the Scottish Parliament and the Scottish Government to deal with local government” but that was part of the Smith commission report, which the SNP accepted. What guarantees does the Minister have from the Scottish Government that they will implement further devolution to local government rather than just say that it is a matter for the Scottish Government and the Scottish Parliament to do that? It is not enough to say that. It has to be a guarantee before we start legislating on anything else.

[Lord Wallace of Tankerness]

My Lords, I too voted by post before the vow was made. However, it is also fair to say that the vow raised an expectation, and if a vow which was made was not honoured then that would be a serious destabilisation of the United Kingdom. With regard to the second point on devolution from the Scottish Parliament, in fairness that appears not in the report itself but in the foreword by the noble Lord, Lord Smith. I seem to recall that when he delivered his report he indicated that those were personal reflections, and those reflections have chimed well with many people. That is why it is incumbent on us within our respective parties to try to make sure that the drive for greater decentralisation and devolution within Scotland is carried forward.