Claim of Right for Scotland

Martin Whitfield Excerpts

Wednesday 4th July 2018 Commons Chamber

[Martin Whitfield (East Lothian) (Lab)]

It is a great pleasure to discuss this matter and to contribute to this debate. The concept of the claim of right dates back to the Claim of Right Act 1689, which referred then to the right of appeal to the sovereign and the monarch against perceived judicial injustice. The 1689 Act gave access to the then Parliament of Scotland where the monarch in Parliament sat. The Act of Union 1707 led to the abolition of the Parliament of Scotland and the right then transferred to the House of Lords, which is now, of course, the United Kingdom Supreme Court. The concept of that right was taken by the Scottish Constitutional Convention in 1989 to grant the sovereign right of the Scottish people to determine the form of government best suited to their needs. The idea itself dates back to the thinking of my predecessor, J. P. Mackintosh, an honourable Member of this House who died far too young, 40 years ago this month.

The claim of right draws on the principle of empowering communities, and it is a criticism only of Governments that they appear far too happy to accept new powers, but are very reluctant to pass them on downwards to their communities, to the local authorities and even lower.

The claim of right has developed into the devolution debate that we have heard today. Again, my predecessor, J. P. Mackintosh, shared with his great friend, Donald Dewar, a passionate commitment to the cause of Scottish devolution. As Donald Dewar said, articulating Mackintosh’s view, devolution is, at its core, about democratic control. It is the empowering of people; it is not for the nationalistic glorification of the nation state. He said:

“It was never Scotland right or wrong…it is about good government, an equitable democracy that borrows, elevates and creates opportunity for the citizen.”

It is the idea of a union state made stronger by the diversity of its communities and constituent parts rather than creeping uniformity. The shouts of, “Conform! Conform!”, implying that it should all be put in a meat mincer so that it all looks the same, should be battled against.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

I thank my hon. Friend for giving way on that very important point. Is not the reality in practice that this Parliament, far from being at odds with the principles of the claim of right, has actually energised and activated the claim of right by repeatedly using the practice of devolving powers down through numerous examples over the past 50 years from the European economic area to the devolution referendums of recent years?

[Martin Whitfield]

I am grateful for that intervention. It is right to say that powers have gone down, but, too often, powers stick in one place instead of being handed down. We can look at the crisis in our local authorities in Scotland where they have had powers taken back into centralised government.

We stand here today between a party whose sole aim is a nationalistic independence of flag waving and shouting and a party which, with all respect, failed to see the true potential of devolution. I am talking about the goal of a stronger, kinder Union, a fairer Union in which our communities have a stake not just in the results of a decision but also in the decision-making power. We live in a time of world challenges. A choice was made to stand differently from Europe. It is a decision that saddens me, but it is one that I respect. None the less, we must still stand as part of Europe. The claim of right does not underpin a set type of governance; it is a reality that the form of governance should be influenced by and borrowed from, and it should elevate and create opportunities for the citizens who sign up to it. These words by J. P. Mackintosh stand in testament to the fluid ideas that underpin the demands of a citizen:

“It is not beyond the wit of man to devise institutions to meet these demands.”