Constitutional Law

Margaret Curran Excerpts

Tuesday 15th January 2013 Commons Chamber

[Margaret Curran (Glasgow East) (Lab)]

This is indeed an important day in the life of our nation and this Parliament. Rarely do we have an opportunity to debate an issue as fundamental as the future of our country.

Let me be clear at the outset that we welcome the order that is before the House today. This House has witnessed significant discussions on the future of nations, most recently the future of Scotland and Wales in the Union and the constitutional status of Northern Ireland. Today’s discussion is no less significant, for two reasons. First, it contemplates the possibility of an end to the 300-year-old Union with Scotland. That is important to emphasise, not just for those of us in the Chamber who are from Scotland, but for people who live in the rest of the United Kingdom but believe in a United Kingdom with Scotland as a crucial part of it—I give due recognition to the good people of Corby for their enthusiasm for that commitment. Secondly, today’s discussion is significant because it is a novel way of settling the issue. Parliament is being invited not to legislate or to make a decision, but to delegate the power, under certain strict conditions, to the Scottish Parliament, ultimately—we should never forget this—to allow the Scottish people to make that decision.

The agreement puts it beyond doubt that, in the words of the First Minister and the Secretary of State, the referendum will be “made in Scotland”. It can be argued that this is not just an example of the success of the United Kingdom’s democracy, but evidence of the strength of the Scottish Parliament—a devolved institution argued for and established by, of course, a Labour Government. The principle that the referendum should be controlled by the Scottish Parliament is important in commanding respect from all sides. However, it is particularly significant in ensuring that after the referendum the Scottish Government cannot suggest that there is any ambiguity about the process or the result. The choice before the people of Scotland is straightforward: whether to leave the United Kingdom or to continue in a partnership of equals in a Union with England, Wales and Northern Ireland.

As I said at the outset, Labour Members support the order. We support it because, if followed, the principles contained in it, as well as in the memorandum of agreement, would provide for a referendum that met the test that we set at the start—namely that, as the Secretary of State said, it should be fair, legal and decisive. Together, the agreement and the order provide that all three conditions can be met if all parties in the referendum hold to their spirit and their letter. It is clear that we now have the opportunity to put before the people of Scotland the question of separation, and that decision will bind us all. As the agreement says, the referendum will deliver a decisive expression of the views of the people of Scotland, along with a result that everyone will respect and must respect.

This debate is important, because endless constitutional uncertainty is bad for all interests in Scotland, not least those of us who would rather spend our time, energy and efforts dealing with the reality of life for hundreds of thousands of Scots, if not millions, who need us to focus on defending and pursuing their interests. Labour spent a generation arguing for devolution, against the protests of the parties opposite—or one of them, I should say; I am in a generous mood towards the Secretary of State today.

[Mr Jim Murphy (East Renfrewshire) (Lab)]

And against the party on the Benches behind us.

[Margaret Curran]

Indeed. Other parties opposed devolution, as my right hon. Friend points out. We argued for devolution because it was the best way to deliver social justice and economic progress and because it commanded the support of the vast majority of the Scottish people.

[Mr MacNeil]

I wonder if the hon. Lady can tell us whether the ends of social justice were advanced last week in the Commons when the majority of Scottish MPs voted against welfare reforms that are being foisted on Scotland by MPs from the rest of the UK. How does that further the ends of social justice and why does she support the right of a Tory Government to govern Scotland and do exactly that? Why is she not an independence supporter?

[Margaret Curran]

For many years I have argued with the SNP, which wants to say that the problem facing Scotland is the English. I say that the problem facing Scotland at the moment is the Tories and the SNP. The SNP is imposing college cuts, and making Scotland one of the nations of the United Kingdom with the highest increases in unemployment. The hon. Gentleman would be well fit to look to his own party to see the damage it is inflicting in Scotland, instead of always trying to hide behind the blanket of independence—[Interruption]—although I thank him for that encouragement to energise this debate.

The order we are debating today demonstrates that devolution has been a success. It has empowered Scots and given our nation a new sense of confidence. With it, we have modernised and changed Britain and the way we govern ourselves. Labour Members will take the opportunity that the referendum presents us with to make the argument for a prosperous Scotland within a United Kingdom, backed up by a strong devolution settlement. We will be arguing against the nationalists, who would stop devolution in its tracks just 15 years after we set out on this journey and after it has been so successful. At the end of this process, that means that perhaps we can finally heed the advice of Scotland’s first First Minister.

[Sir Malcolm Bruce (Gordon) (LD)]

Does the hon. Lady think that the SNP might be better prepared for the situation we are in today if it had taken any part in the reform process that has delivered devolution and home rule to date?

[Margaret Curran]

I thank the right hon. Gentleman for his intervention, which affords me the opportunity to draw attention to the fact that those who opposed devolution—perhaps most strongly at some points—were those in the Scottish National party, which never participated on any multi-party basis to give Scotland the constitutional agreement that we now have. In fact, many of us who were prepared to work with others—and who demonstrated that we could do so—did, in fact, work in the best interests of Scotland.

The right hon. Gentleman also allows me to make the point—which I was just about to make—that we should heed the advice of Scotland’s first First Minister, Donald Dewar, who said in 1998:

“The…decade must not be one long embittering fight over further constitutional change. For me, the question now is what we do with our Parliament, not what we do to it.”

In these challenging economic times, perhaps we should focus our minds on the powers of the Scottish Parliament and question how they are being exercised at the moment. That, too, should occupy our energies.

[Ian Murray (Edinburgh South) (Lab)]

My hon. Friend has just mentioned the late, great Donald Dewar, who said that the decade from 1998 should not be a decade of stifling the Scottish Parliament, but since the SNP got a majority in that Parliament, has not its whole ethos indeed been stifled?

[Margaret Curran]

I thank my hon. Friend for that point. As a number of hon. Members present know, I served in the Scottish Parliament for 12 years. I was part of many of the exciting developments and changes it inaugurated, but it is with deep disappointment that I now see a Parliament that does not seem to have the proper opportunity to scrutinise the Executive who are part of that arrangement and who also seem to be significantly failing the Scottish people. Although I see constitutional change as a means to an end, I have never seen it as an end in itself. It would serve the Scottish people well if the Scottish Government focused on the work of serving the Scottish people and their interests, rather than just for ever furthering the goal of constitutional change.

[John Robertson (Glasgow North West) (Lab)]

This is something I raised in a previous speech on Scotland, but today we have once again heard the chuntering from the SNP, whose Members are sat on the Benches beside me—the bullying tactics that have been used in the Scottish Parliament to stop proper legislation going through. Can we trust these people?

[Margaret Curran]

I thank my hon. Friend for that contribution. It encourages me to look forward to the substance of the debate on the referendum, when the Scottish people will give not only their verdict on whether they think their interests lie best in the United Kingdom, but ultimately their view of the SNP Government, who, rather than addressing their interests, are for ever saying that everything can be solved through the prism of independence, without ever presenting a substantial argument for why that would be the case.

[Iain Stewart (Milton Keynes South) (Con)]

The hon. Lady touches on an important point about the Scottish Parliament legislating in the interests of Scotland. Does she agree that the Scotland Act 2012 will devolve considerable additional powers over many fiscal matters to the Scottish Parliament, and that it is surely better to concentrate on using those powers rather than constantly trying to change the goal posts constitutionally?

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[Margaret Curran]

The hon. Gentleman makes a significant point. I have always believed in a strong Scotland within the United Kingdom, and I have for many years believed that devolution was significant in helping to govern Scotland effectively. The passing of the 2012 Act was another stage in that process, which offers the Scottish people the opportunity to effectively govern themselves, but still have the advantage of the partnership that is the United Kingdom. I firmly believe that the prospects for separation offered by the Scottish National party do not work in the best interests of the Scottish people, and in fact signify that the SNP has failed to listen to them. Since its inception, they have believed that the Union damages Scotland. Its view has never changed and never evolved. We are all calling for a positive debate, and it is disappointing to see so little of that coming from those Benches this afternoon.

[Sir Menzies Campbell]

I am most grateful to the hon. Lady for giving way; she is being very generous. Her felicitous reference to Donald Dewar, a friend and colleague of several of us still in the House today, has struck a chord certainly with me and I am sure with others. Arising from what she has just said, and referring back to something she said earlier, what does she make of the suggestion that were the question to be answered in the negative, that would not be the end of the matter so far as the Scottish National party was concerned, and that if it had the opportunity it might seek, as early as was convenient, to institute yet another referendum, thereby raising the possibility of what I think in Quebec is called the “neverendum”, of which the issue is the only one which dominates political discourse in Scotland?

[Margaret Curran]

I thank the right hon. and learned Gentleman—I am so pleased to have got parliamentary protocol right for once. This is one of the most disappointing elements of the debate so far. We have gone to great lengths to create a process that will allow for a fair and established result that should be observed by all participating parties. We have all said that we will respect the decision of the Scottish people, wherever we stand in this debate, and it is incumbent on the SNP to participate in that and to not always say, irrespective of the result, that it will just come back again and again with a “neverendum”, allegedly. Perhaps in today’s debate the SNP will put on record that they will absolutely respect the result of the referendum, now that we are past the starting blocks, and absolutely guarantee that they will respect the wishes of the Scottish people and not for ever seek to usurp that decision, as certain comments have seemed to imply.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

Based on what the hon. Lady has just said, if there is a no vote and Labour form the Government down here in 2016 after the general election, is she saying that there will not be any further constitutional change and a further Scotland Act, and that anyone who wants to see progress on greater powers for Scotland will have to vote yes in 2014?

[Margaret Curran]

I thank the hon. Gentleman for his contribution and I look forward to Labour forming a Government here in 2016. We will introduce many pro policies to the benefit of the people of Scotland and the United Kingdom. Of course, we should look at the prospect of Scots voting to stay within the United Kingdom, because I believe that there is a strong likelihood of that—although I would never be complacent and would always respect the views of the Scottish people. As I said in answer to the hon. Member for Milton Keynes South (Iain Stewart), I absolutely believe that devolution is vital to the interests of Scotland and vital to the interests of the United Kingdom. We have always said that devolution is a process, and that time and circumstance will dictate future interests. As the hon. Gentleman may or may not know, Johann Lamont, our leader of the Labour party in Scotland, has set up a devolution commission. Our test in that devolution commission will not be pre-set, as some nationalists would have us do because they have already decided what should happen. Our views will be determined by the interests of the people of Scotland, and what serves their interests best.

[Mrs Anne McGuire (Stirling) (Lab)]

Does my hon. Friend agree that the fundamental fault line in Scottish politics at the moment is between those who support separation from the rest of the United Kingdom and those who want to stay part of the United Kingdom, and that any talk about the process of devolution and so on in the current context of discussing a referendum on independence is actually a diversionary tactic by the SNP to try to divert us from the fact that after 80 years of preparation, it has zilch to say about the future of Scotland?

[Margaret Curran]

I thank my hon. Friend for that effective intervention. I will make reference to why some are urging that there should be a second question as I progress.

[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

If I can take my hon. Friend back to the intervention by the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) from Plaid Cymru, is the situation not entirely the reverse of what he suggests? If people vote no in the referendum—against separation—there will be opportunities to develop devolution and the Scottish Parliament, but if people vote yes to independence, then that is it. There will be no second thoughts—that will be once and for all and final. There should be no doubt whatsoever of the consequence of such a vote.

[Margaret Curran]

I thank my hon. Friend for his intervention. May I be absolutely crystal clear? The way to stop devolution in Scotland, in its current form and in any further developments, is to vote for separation. That is the way to end devolution. If people want to continue devolution and have a strong element of devolution in the partnership that is the United Kingdom, they should vote against nationalist wishes in the referendum.

The referendum offers us the opportunity to settle the question decisively, once and for all. As my right hon. Friend the Member for Stirling (Mrs McGuire) said, this is a fault line in Scottish politics—people either support partnership with the United Kingdom or they support separation. We need to settle this once and for all, and then move away from the issue that keeps Alex Salmond awake at night to the concerns that keep our constituents awake at night.

Let me turn to the order. As the Secretary of State has outlined, article 3 removes the reservation of the power to hold a referendum on the independence of Scotland from the rest of the UK, and stipulates conditions relating to the date of the poll and the nature of the question. On this side of the House, we have argued consistently for a poll that would come earlier than 2014, as has been indicated. As business leaders, civil society and others have said, a vote conducted more than 18 months from now while the country continues to face some of the most testing economic circumstances in a generation, adds, at the very minimum, to the uncertainty faced by the Scottish people.

We would have sought an earlier poll. However, we understand the challenges faced by Government, the issues around the legislative timeline and the need to provide a full debate. As such, we hope that the period between now and the referendum itself will be used to full advantage. If I can make reference to a comment made by my hon. Friend the Member for Glasgow North (Ann McKechin, I hope that that timeline—the amount of time involved—will ensure that the Scottish Parliament has the maximum time to debate and process this issue. It should also be used to ensure that Scots are provided with a robust and informed debate. So far, Scots are not getting the information to which they are reasonably entitled, even at this stage, by the party proposing separation. There is still much more information to be given by those who are proposing separation. As the protagonists, it is reasonable to expect them to do that.

Article 3 provides the clarity that the referendum will consist of a single question, as I made reference to in response to my right hon. Friend the Member for Stirling. For a decision of this magnitude, we have always believed that this is the only way to provide absolute clarity for the Scottish people. A multi-question referendum, as some on the nationalist Benches have argued for, would not only have led to confusion but, as the Select Committee on Scottish Affairs has previously pointed out, would have been out of step with international precedents. It would also have been detrimental had we included a question for which there was no clear offering, in terms of powers to the Scottish Parliament, and no group able to make the case where there was no distinct proposal and no clarity about the details of what was being proposed.

Although the issue concerning the number of questions has been resolved, the order gives the Scottish Parliament the power to set the wording of the question. In this area, we still have several concerns. First, we are not confident that the question proposed by the Scottish Government provides those voting in the referendum with sufficient clarity. Secondly, in the light of that, we are concerned that the First Minister and the Deputy First Minister have not committed themselves to following the recommendations of the independent, objective Electoral Commission.

[Fiona O’Donnell]

My hon. Friend is making a reasoned and reasonable contribution. Hansard has sought clarification about whether SNP Members have today been described as “big fearties” or “big fairies”. Would she like to express her opinion?

[Margaret Curran]

Oh dear, dear, dear! Both. Can I say that? Would that be okay? I do understand it, however, and perhaps I can offer clarification for people. On that basis, I would certainly say both.

The agreement between the UK and Scottish Governments sets out:

“Both Governments agree on the importance of the referendum being overseen in an impartial way by bodies that can command the confidence of both sides of the campaign.”

That is an essential element of the agreement. It is not simply the oversight of the campaign, however, but how the recommendations and views of the Electoral Commission are treated by the Scottish Government that will determine whether the process is seen as impartial by the people of Scotland. If the SNP and the Scottish Government wish to reassure all participants in the referendum that they will conduct it properly, fairly and equitably, with respect to all interests, they could easily offer that reassurance by accepting the wording of the Electoral Commission. That would take us further down the road, so I hope that we can get an offer on that today. Ministers in the SNP Government have to set aside partisan advantage and approach the process with Scotland’s best interests, not their party’s, in mind, and it would be reassuring if they could clarify the matter so as not to be open to that charge. They could easily prove that they are not open to it.

The Electoral Commission’s role has to extend beyond the wording, however. We accept that the Electoral Management Board will deal with the practical arrangements for the referendum, but, to ensure the probity of the process, the Scottish Government must accept the rulings of the Electoral Commission, not just on the wording but on the key issue of campaign funding. The commission has made known its views on funding, but the Scottish Government are at odds with it. Clearly, we cannot end up in the ridiculous situation where the future of our country is determined by campaigns that have a sum total of 1p to spend per voter over the entire regulated period. We are also concerned that the Scottish Government’s proposed limits would lead to restrictions on the ability of third-party organisations, such as trade unions and businesses, to participate fully in the campaign. As I have said, the length of the campaign offers the opportunity for a full and robust debate on Scotland’s future, and surely an informed and knowledgeable voter is worth more than a penny.

Although the order will formally pass the relevant powers to the Scottish Parliament, much of the detail about how the referendum will proceed is contained in the memorandum of agreement. The status of this agreement has been the subject of some debate, however, so will the Secretary of State or the Minister confirm the status of the agreement? Does it legally bind the parties concerned? If not, what legal advice have they received regarding its status? We would have preferred the order to contain the level of detail in the memorandum, but we understand the practical considerations involved, and, as I said at the outset, the agreement and order, if taken together and if followed in the spirit and the letter, provide the basis for a fair, legal and decisive referendum. People in Scotland will not look kindly on any attempt to ignore or wilfully reinterpret the agreement or on any party playing party politics with that. Understandably, that would be seen as cynical and disingenuous.

With this order, we come one step closer to the 2014 referendum and an historic decision for the people of Scotland. The tone and tenor of our debate have to match the aspirations we have for it, so we have to move away from the confusion and muddle that have characterised too much of the discussion so far, grasp the nettle and deal with the difficult and challenging issues facing Scotland. That is what the Labour party is doing and will continue to do. The debate cannot simply be an accountancy exercise; it must be a debate where we lay out our alternative visions for the future of Scotland and its people; and a debate that meets the aspirations of generations of Labour advocates of devolution.

If I may make further reference to Donald Dewar, let me say that introspection will not solve our problems, and nor will a preoccupation with constitutional points scoring. Responding to the needs of the Scottish people is what matters. In passing the order, we will pass another milestone towards a referendum in which the Scottish people will have their say on whether to break with a partnership of 300 years or continue in the family of nations that is the United Kingdom. “Section 30” is a technical term and will not grab the imagination of too many Scots, but it will usher in a debate of enormous magnitude in which the future of families, industries, services and much else will be at stake. Today is the clarion call to get on with the substance of the issues and to determine the arguments that look to the future of that great country of Scotland.

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[Angus Robertson]

Now I will make progress.

The referendum will be carried out with Scottish electoral professionals running the vote and announcing the result. That will be co-ordinated through the Electoral Management Board for Scotland and regulated by the Electoral Commission. The poll will, therefore, be beyond reproach. As the Edinburgh agreement says, it will

“meet the highest standards of fairness, transparency and propriety, informed by consultation and independent expert advice.”

The Electoral Commission is included in that. It is in everybody’s interests that this referendum is carried out to the highest standards possible.

I am particularly pleased that the agreement opens the way to the franchise for 16 and 17-year-olds. That is not a new proposal; I was pleased to make my maiden speech in the House in 2001 on this very subject. Many of us, from across the parties, have a long-standing commitment to 16 and 17-year-olds being able to vote, and I am pleased that they will be able to do so. It is absolutely correct that every endeavour should be made to ensure that everybody who should be enfranchised is able to cast their vote.

Perhaps surprisingly, I would like to pay tribute to the UK Government. I pay tribute to the Prime Minister, the Secretary of State for Scotland, the Minister of State in the Scotland Office and their colleagues across government. Again perhaps surprisingly, I also pay tribute to the Labour Front-Bench team and the Opposition, both here and in the Scottish Parliament. I do so for the part they have all played in getting us this far. No doubt, the questions that have been raised will be pursued after the section 30 order is passed, and that is a good thing. We should all be proud to have reached this stage, and the House will not be surprised that SNP Members express our thanks to the First Minister, the Deputy First Minister and Bruce Crawford MSP for the leading parts they have played in securing the Edinburgh agreement.

Soon, all the procedural issues flowing from the section 30 order will be resolved in the Scottish Parliament and we can have the full debate on the proposition that Scotland should again become a sovereign nation.

[Margaret Curran]

I thank the hon. Gentleman for his warm tribute; I did not anticipate saying that, but I appreciate the tribute. May I ask him to clarify something? As I understand it, the logic of what he is explaining is that it is now for the Scottish Parliament to answer the issues of substance that have been raised today. However, it is reasonable for me, as a Scottish person and as an elected Member representing Scots, to ask him whether he thinks it is reasonable to ask the Scottish Government now to clarify that they will respect and adhere to the recommendation of the Electoral Commission. May I have a direct answer on that?

[Madam Deputy Speaker (Dawn Primarolo)]

Order. May I just remind all Members participating in this debate, including the hon. Member for Moray (Angus Robertson), that, tempting as it is to talk to each other, they are supposed to be addressing the entire Chamber by addressing the Chair? That means not having one’s back to the Chair when speaking.

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[Mr Davidson]

Indeed. These are anomalies and the Scottish Parliament has to show its maturity by being prepared to tackle them. There are no ideal answers in these circumstances. We must recognise that many of these issues are difficult and I will return to some of them, if I can.

The first issue that we want to tackle is that of 16 and 17-year-olds. This is properly an issue for the Scottish Parliament to handle. However, it is essential that the Scottish Parliament makes sure that if 16 and 17-year-olds are able to vote, they all are on the register. I recognise that there will be organisational difficulties. Administratively, the problems will be extreme. I am not entirely clear how we are going to avoid a situation where, potentially, 14-year-olds are registered.

[Margaret Curran]

I note that the Chair of the Scottish Affairs Committee is reporting to the Chamber the findings of the Committee, which has gained much respect for the work that it has undertaken. Does my hon. Friend share my disappointment that we are listening to him without the presence of any SNP Members to hear him? That is disrespectful to the Committee.

[Madam Deputy Speaker (Dawn Primarolo)]

Order. With respect to the hon. Lady, it is entirely up to hon. Members to decide which speeches they listen to, if they are not waiting to speak. Members in the Chamber may draw their own conclusions, but it is not a matter of order.