Scotland Act 1998 (Modification of Schedule 5) Order 2013

Lord Wigley Excerpts

Wednesday 16th January 2013 Lords Chamber

[Lord Steel of Aikwood]

Indeed, I was going on to say that one of the other uncertainties that has been exposed during this prolonged debate is the question of what currency would be used. If the euro is out, and we are not having a separate Scottish pound because we are going to rely on the Bank of England, what sort of independence is that? So the second bit of unravelling has been on the whole issue of the financing of an independent Scotland.

The third—which has also been mentioned by others so I will not go into detail—is on Trident and the defence role of an independent Scotland. My party and I have long been opposed to the replacement of the Trident system—in fact we were opposed to the initial replacement of Polaris by Trident. That is at least a position of principle, even if people disagree with it. What is unacceptable is for the SNP to say, “We want rid of Trident, but we are quite happy if it goes to Devonport or Barrow-in-Furness or somewhere else”. That is not a credible position. Nor is the position, as the noble Lord, Lord Reid, pointed out earlier, of saying, “We would like to join NATO because that makes people feel comfortable, but we will not accept any of the obligations of joining”.

For all these reasons, the longer the debate has gone on—and I have argued before that that was a mistake because people would become bored by it and the uncertainty would not be good for Scotland nor for investment in Scotland—the more the support for independence has declined.

Among those of us who campaigned in the 1980s and 1990s for the restoration of the Scottish Parliament, there was an unspoken assumption that, if we got a Scottish Parliament and a Scottish Government, then the future Scottish Government and the future UK Government would collaborate in the interests of the people of Scotland. Indeed, it is fair to say that, in the first years of devolution, that did happen. Of course there were disagreements occasionally between the two Governments but basically they were both pursuing the best interests of the people of Scotland. I think the biggest single reason why support for independence has declined is that that does not appear to be the position of the SNP Government. Their position is not, “What can we do together with the UK Government to better the life of the people of Scotland?” It is rather, “What can we do to promote the SNP?”. That is a very different position.

During the Olympic Games, the Scottish Government hired the Army and Navy Club in London, at a cost of £400,000 of our taxpayers’ money, to entertain athletes and others visiting the Games: in fact, very few people went. They could have had Dover House for nothing—a substantial building, right in the centre of London, well known—but of course it belonged to the UK Government, so it did not suit the ideal of the SNP. That is a trivial example of what I am saying—that the motivation throughout has been what is in the best interests of the SNP.

I end with the question that everybody else has been raising about the decision on respecting the judgment of the Electoral Commission. Why is the SNP not willing to say now that it will accept that judgment? It is because it wants to promote the interests of the SNP. The more people realise this, the more the support for independence will continue to decline.

I support this order. I am not complacent about the outcome but I am confident that, because of this constant shifting of position by the Scottish Government, in the end people will say that they do not want to make that leap in the dark.

[Lord Wigley]

My Lords, every voice that we have heard so far has been a unionist voice. I realise that I may be in a small minority—perhaps even a minority of one—in this Chamber in wishing the people of Scotland well in their quest for independence; none the less, I wish to see a new relationship between the nations of these islands: a new partnership of free and equal self-governing nations co-operating with each other and with partners in the European Union and the wider world.

Today’s debate has involved a series of attacks on the SNP in general and on Alex Salmond in particular, as was mentioned by the noble Lord, Lord Steel of Aikwood, a moment ago. It may well cross the minds of noble Lords that it is a little strange that this House—one of the two Houses of the UK Parliament—does not have any voices from Scotland that represent nationalist aspirations, which is, after all, the driving force behind the forthcoming independence referendum.

I fully understand that the SNP has stuck resolutely to a policy of not putting forward nominations officially in the party name—as indeed did my party, Plaid Cymru, until five years ago. The experiences that my party suffered at the hands of a former Prime Minister may well have persuaded the SNP, which might be sympathetic to securing a voice in this Chamber, not to bother pursuing the matter. Noble Lords may well wish to ponder on the acceptability of a system whereby the leader of one party—albeit a Prime Minister—can determine whether another party, with MPs in the House of Commons, can be denied a voice in one of the two Chambers of the British Parliament.

[Lord McConnell of Glenscorrodale]

I hope that the noble Lord, Lord Wigley, will accept that the only responsibility for this situation lies with the Scottish National Party itself. Many of us have argued that there should be representation in this Chamber. In particular, I have argued that Mr George Reid, the Presiding Officer who succeeded the noble Lord, Lord Steel, and who worked with me when I was First Minister, would be an excellent Member of this Chamber. However, because he rightly feels some loyalty to his former party and that party will not put him forward, he is not sitting here. That is wrong, but the responsibility for it lies entirely with the nationalist party, which will not make that decision.

[Lord Wigley]

I hear what the noble Lord says. Indications that I have had from Mr George Reid may be slightly different from the interpretation that the noble Lord has given. However, I have no doubt whatever that there were those within nationalist Scotland—not necessarily even members of the SNP—who would have been willing to serve the interests of their country in this House. Be that as it may, the fact that they are not here and therefore cannot participate in this debate is unfortunate. That is why I am contributing, although I have no authority to speak on behalf of the SNP and I certainly would not presume to do so. It is not for someone from Wales to tell the Scottish people what is best for them; nor indeed is it for those from England or Northern Ireland to do so. The decision on whether Scotland should be an independent country lies with the people of Scotland and Scotland alone. I am glad that the draft order before us today arises from the Edinburgh agreement, whereby it will be the Scottish Parliament and not Westminster that determines the date, franchise, question, referendum rules and campaign spending limits. The proposed arrangements for the referendum will be initiated by the Scottish Parliament. The Electoral Commission will then have an opportunity to give its views, and those views will be duly considered by the Scottish Parliament before a final decision is taken. That is the implication of the Edinburgh agreement.

I noted one important point in today’s debate relating to Scottish servicemen based overseas. I know that there are SNP MPs and MEPs who are also actively aware of this and I very much hope that a resolution of the issue can be found.

As I understand it, the resolution in the Scottish Parliament supporting this order was passed unanimously by that Parliament. I also understand that every one of the Westminster parties supports the order. This shows how Governments can work together to achieve a sensible outcome, and I believe that it is to the credit of both the Government of Scotland and the Government of the UK that this has been achieved. It is an indication that Governments can, indeed, work together harmoniously. I have no doubt that if Scotland becomes an independent country as a result of the referendum, there will be equally harmonious co-operation between the Governments in London and Edinburgh thereafter. There has been talk today of litigation and judicial reviews but that sits a little uneasily with the type of co-operation that I have just described.

It is truly excellent that there should be such co-operation and that the referendum will be seen as “Made in Scotland”. That gives greater confidence that the outcome, whichever way it goes, will be acceptable to all the Scottish people as a democratic decision taken by the Scottish nation. I am sure that no one in this Chamber from outside Scotland would want to gainsay that or dispute the fact that this should be a decision for Scotland. To that extent, the noble Lord, Lord Reid, is quite correct that the referendum in Wales on providing further devolution is different from the question of independence and raises the question of whether referenda are really necessary for every small step of further devolution. That was not the case with the Scotland Act last year. There are, of course, implications for the rest of the United Kingdom, and no doubt these will be debated during the referendum campaign, as is right and proper. However, they are not issues that should delay the progress of the draft order before us today.

--- Later in debate ---

[Lord Martin of Springburn]

I agree with the noble Lord: we should not personalise this debate. The First Minister has a case to put the same as the rest of us, and we should not attack anyone—particularly the First Minister—on a personal basis.

[Lord Wigley]

I am very grateful to the noble Lord for that intervention. Certainly, not all speakers have done that. I noted the contribution of the noble Lord, Lord Browne, which was very constructive. It hit a tone that can help to ensure that there is no dispute on matters that are irrelevant to the central question. That central question is whether people want independence. No doubt there are arguments to be had on that and the other issues should be put to one side.

[Lord Reid of Cardowan]

I do not know whether the noble Lord is about to conclude but he has covered everything except one point. It is the main point here and concerns the nature of the question. Does he accept that under any referendum a leading question is an unfair premise on which to base a democratic decision?

--- Later in debate ---

[Lord Wigley]

Yes, of course, I accept that without reservation. The point is whether the question that has been proposed is a leading question, and there will be differences of opinion on that. I have no doubt that the Electoral Commission will give its opinion on the question and of course the Scottish Parliament will take considerable note of what the Electoral Commission says. It would be strange if it did not. However, to suggest that the Scottish Parliament or any Parliament should automatically accept the ruling of a body such as this takes the issue much further. If we were to argue that Westminster should automatically, under any circumstances, always accept the suggestions put forward by the Electoral Commission, irrespective of whether the Government or indeed the whole Parliament agreed with it, that would be unacceptable here, and I suggest that it would be unacceptable in the context of Scotland as well.

[Lord Reid of Cardowan]

With respect, the noble Lord has set up a straw man. I did not suggest that every recommendation should be accepted. I suggested that if the question is deemed by the arbitration body, which is neutral, to be a leading question, you should make it plain in advance that you will accept that particular piece of advice. The noble Lord says that no one should ever do it, but perhaps I may say that I would do it. If a referendum were being proposed by any Government, including a Labour Government, which the Electoral Commission said was being skewed by a leading question, I would accept the arbitration of the Electoral Commission. The noble Lord implied that he would as well if the question was denoted by a neutral body as a leading question. The question that we have been asking is why that cannot be done by the First Minister and the SNP in Scotland.

[Lord Wigley]

I am very grateful to the noble Lord. If indeed the Electoral Commission were to come out and say in categorical terms that this is a leading question and is totally unacceptable, and that that is clear cut in its opinion, then that opinion must be taken on board by the Scottish Parliament. I have no doubt that it would take good note of any such recommendation. I have faith in the democratic process in Scotland. However, to say that whatever the Electoral Commission says, the Scottish Parliament must accept its ruling as opposed to the decision of elected representatives, is surely one step too far. Be that as it may, I support the draft order that is before us today. I hope that the House will give it a unanimous backing so that we can move forward to the next stage of this process and, ultimately, secure a referendum, whatever the outcome, that is a credit to democracy.

[Lord Cormack]

My Lords, the noble Lord, Lord Wigley, whom I am very pleased to call a friend, said that his would probably be the only voice advocating independence. Mine appears to be the only English voice in this debate today. We have heard two from Wales and the rest from Scotland. I particularly wanted to take part because this is not a Scottish issue. This is an issue that affects the whole United Kingdom. As I have said in this House before, we all have varied backgrounds, and it is very difficult to isolate the pure Scottish from the pure English. I consider my identity as English, and yet the background of my family is Scottish for centuries. My elder son lives in Scotland with a Scottish wife, and my two grandchildren go to school in Edinburgh. My son considers himself Scottish, so Scottish indeed that he acted as the election agent for the daughter of the noble Lord, Lord Steel—because he has gone Lib Dem—in a recent election.