Claim of Right for Scotland

Martin Docherty-Hughes Excerpts

Wednesday 4th July 2018 Commons Chamber

[Stephen Kerr (Stirling) (Con)]

May I begin by quickly repeating how disappointed I was by the performance of the leader of the SNP? I mean that sincerely, because he is someone for whom I have had respect since arriving in this House.

I want to put on the record that I am fully aware that it is the people of Stirling who are my boss. They put me here—and, of course, they can remove me from here—on the basis of a manifesto that included a commitment from my party to work constructively to see our country progress from being a member of the European Union to leaving the European Union. That is what I am here to do and it is a privilege to do so.

I was reminded earlier today by the Under-Secretary of State for Transport, my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman)—he is not of course in his place—about Adam Smith’s saying on the Union. He described the Union as

“a measure from which infinite good has been derived to this country.”

When he said “this country”, he of course meant Scotland.

Constitutional historians and scholars of religious tumult in 16th-century Scotland will realise that the foundation of the ideas in the claim of right comes from the works of George Buchanan on contractual monarchy. George Buchanan was from Killearn, a village in the west of my constituency and a superb place to visit. I heartily recommend the Three Sisters Bake bakery when Members visit Killearn. I do not know whether it is appropriate to refer to George Buchanan, a deceased person, as my constituent. He is buried in the kirk of Greyfriars in Edinburgh, but he was born, taught and preached in Stirling. In Killearn, there is a monument to its famous son for his work in establishing a constitutional framework for Scotland that would firmly allow the Scots to be governed by Presbyterianism. His assertion, appealing to biblical precedent, was that kings are in a contract with their people, who have a right—nay, a responsibility—to remove irresponsible, ungodly and tyrannical kings, lest the wrath of the Almighty fall upon the people. The great obelisk dominating the Killearn skyline is a testament to this great constitutional theorist, whose thoughts dominated Scottish politics in the 16th and 17th centuries.

These are the thoughts that the writers, preachers and revolutionaries of the Scottish Reformation espoused. Unlike the English, our Reformation was a bottom-up one inspired by the people, rather than a top-down one imposed by a tyrannical Tudor monarch. Preachers such as Knox, Melville and Henderson fought for the idea that the people should be able to set the direction of their country.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

Given that the hon. Gentleman’s party wishes to take back control from the European Union, why, in doing so, is it giving it to the episcopacy of the Church of England in the House of Lords?

[Stephen Kerr]

Of course, it is not the 1689 claim of right that is being debated today, but the 1989 one. The two are closely related as they both make reference to sovereignty resting squarely with the people—and I will vote for the motion tonight. These ideas build on the work of George Buchanan and the idea of sovereignty imbued with the righteous principle of vox populi, vox Dei.

The claim of right is specific and relates to the establishment of a Scottish Assembly, as it was then called—a promise delivered by the referendum of 1997, which returned a resounding yes vote. The principle is extendable, but it requires careful consideration. The principle of popular sovereignty must be used carefully. We should always seek to protect the views and interests of minorities. We do not have to look back very far in our history to see how popular sentiment has been used to justify some of the worst acts of oppression against minorities. Let us not forget the 85% of Scots who opposed the recommendations of the Wolfenden report in 1957, compared with nearly 51% in England. The fear expressed in popular will led to homosexuality in Scotland remaining illegal until 1980.

I belong to a Church that, historically, has seen a great deal of persecution as a result of fear, misunderstanding and prejudice. I understand only too well the prejudices that can be used by politicians to incite bigotry. When politicians feed on our worst fears and play to the crowd, they whip up a monster that is often uncontrollable, and do so with the excuse of projecting the popular will. I saw that last week with bigotry expressed against my constituents, especially those who voted for me, with the so-called All Under One Banner march in Stirling being led by a banner that stated, “Tory Scum Out”. That parade was attended by elected Members of the Scottish Parliament and, I think, of this place, too.

--- Later in debate ---

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

Since the principal creation of this political state in 1707—not through the Union of the Crowns in 1603—between the nation of Scotland and England and its subsequent expansion through the Acts of Union of 1800 with the nation of Ireland and the subsequent changes through the articles of agreement for a treaty between Great Britain and Ireland signed on 6 December 1921, as well as the creation of the three devolved Administrations—Wales, Northern Ireland and of course Scotland—there can be no doubt, and I think there is agreement, that the political structure of these islands and the political relationships within this present political state, and, yes, even through the Good Friday agreement with the Irish state, is a fluid and ever-changing story. Therefore, it should come as no surprise that this debate should be brought to the Floor of the House tonight. Indeed, the premise of the sovereign rights of the Scottish nation founded in its citizens is an agreed reality, given that this House recognised that position through the right of the Scottish nation to participate in the referendum of 2014.

The former right hon. Member for Finchley went even further: in her memoirs “The Downing Street Years”, the former Premier, whom I never thought I would quote, was clear. [Interruption.] Conservative Members should listen to this. She wrote that if the Tory party

“sometimes seems English to some Scots that is because the Union is inevitably dominated by England by reason of its greater population. The Scots, being an historic nation”—

not my words—

“with a proud past, will inevitably resent some expressions of this fact from time to time. As a nation, they have an undoubted right to national self-determination; thus far, they have exercised that right by joining and remaining”—

even in 2014—

“in the Union.”

The former right hon. Member for Finchley continued:

“Should they determine on independence, no English party or politician would stand in their way, however much we might regret their departure.”

There will be many on both sides in this Chamber, including myself, who will be uncomfortable quoting the former right hon. Member for Finchley, but the late Baroness’s quote illustrates the reality of the constitutional position of this existing political state. The reality of the claim of right—which, I must say, was written in 1988—is another example of the expression of that self-evident truth, acknowledging as it does the sovereign right of the Scottish people to determine the form of government best suited to their needs. It is a principle well-versed and affirmed in ancient right that neither monarch nor Parliament, not one individual or a select collective, has dominion over the people that is the nation that is Scotland.

Now more than ever, the importance of at least Scottish constituency MPs—I would be grateful, if there is a Division this evening, to see Members from across the United Kingdom of Great Britain and Northern Ireland—reaffirming that long-held ancient principle is critical, given that the nation of Scotland, including my own constituency, which also voted for the liberation and regaining of the sovereignty of the nation of Scotland, is now being dragged out of the family of European nations.

In looking at the critical facts relating to centralisation and Scotland, and to the historical narrative, Members who have not been in local government in Scotland should be reminded that the last reform of local government in Scotland was of course led by the Government of the United Kingdom, when they rearranged the local governance of Scotland. The Government of Scotland was established through the devolved settlement, and it was the present Scottish Government that set out the concordat and the existing relationships with local government, supported the length and breadth of Scottish local government through COSLA. For those Members who do not know what COSLA means, it is the Convention of Scottish Local Authorities.

I am not going to take up any more time, except to mention a basic principle. This place, no matter how much Members love it, should never seek to limit those constitutional realities, whether they agree with them or not. This place must clearly understand that, no matter what is said or done, Scotland is, today and forever, a nation—a distinct, proud, historic nation, free and able to direct its governance and destiny.