Oral Answers to Questions

Michael Connarty Excerpts

Wednesday 12th September 2012 Commons Chamber

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

I am glad you called the new Member for West Lothian, Mr Speaker—I inherited Tam Dalyell’s question. The new question, clearly, is how many questions should there be in the referendum in Scotland? In my constituency, they say it should be one: do people want to separate from the rest of the UK or stay in the UK? Does the Secretary of State agree?

[Michael Moore]

I completely agree with the hon. Gentleman that there should be only one question on the ballot paper.

Scottish Separation

Michael Connarty Excerpts

Tuesday 10th July 2012 Westminster Hall

[Mr Bain]

I will give way to the hon. Gentleman a little later; I want to make progress first.

I commend my hon. Friend the Member for Livingston and other hon. Members who have participated this morning in helping to ensure that the discussion on Scotland’s constitutional and economic future is informative and comprehensive, as we head towards what the Scottish people want—a clear, decisive, legal, single-question referendum on whether to stay within the United Kingdom or leave for good.

There are three points that the debate this morning has crystallised in the minds of hon. Members and those we represent. At a time of economic uncertainty in the eurozone, with economic demand predicted to fall this year and 16 million people out of work, it would be an act of folly to separate fiscal, monetary and financial policy in the way that Scottish National party members have proposed. Both the eurozone and our economies are faced with a classic liquidity trap. Keynes was very clear that fiscal, monetary and financial policy must not work against one another in such circumstances. We in the Opposition have huge concerns about how the Government are avoiding any flexibility on fiscal policy to stimulate demand and kick-start growth at home. It is a failure of policy, not a failure of the state of which we are an integral part.

The overwhelming evidence from respected economic commentators, such as Martin Wolf and John Kay in evidence to the Select Committee on Scottish Affairs, is clear and unambiguous: separation would lead to higher borrowing costs for a separate Scotland. Even under the SNP’s purported split of oil and gas revenues, with 90% being apportioned to a separate Scotland—not the universally accepted position under international law—the national debt inherited by a separate Scotland would be 70% of GDP.

On a per capita split of oil and gas revenues, debt would rise to 80% of GDP by 2014. On the deficit, even using the SNP’s preferred measure, including a geographical split of oil and gas revenues, the average deficit would have been 4% over the past five years. Three leading credit agencies have indicated that Scotland would not inherit the UK’s credit rating on separation, which would increase borrowing costs.

The First Minister says that, with the oil and gas revenues, Scotland would be the sixth richest country in the world, but to achieve that the great centraliser would have to become the great nationaliser, and there is no prospect of even the present First Minister expropriating the assets of overseas oil and gas companies to which he is in such thrall.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

Is my hon. Friend aware of what was said at the meeting of the UK oil and gas industry group a few days ago—that it is likely that the gas price, because the US is about to go into surplus in gas and the price is falling, may be set in the North sea area at a much lower level than now, which would undermine the revenues coming from the North sea to any future Government of the UK or Scotland?

[Mr Bain]

Indeed, that is a powerful point. This year’s report by the National Institute of Economic and Social Research concluded that Scotland would be a significantly indebted nation on separation, with a substantial trade deficit, no insurance from risk sharing and no further fiscal transfers, which would leave us over-dependent on those very fluctuating oil and gas revenues. The strain would have to be put on borrowing or tax hikes to fund current spending.

As the economist, Brian Ashcroft, pointed out recently, the only tools available to a separate Scotland to manage aggregate demand would be of the limited fiscal variety remaining under the terms of a currency union treaty with the United Kingdom; so if inflation took off, there would have to be tax rises, a fall in public spending, or a combination of the two—hardly a recipe for economic stability or social fairness.

Those campaigning for separation never tell us what the size or role of the state would be in a post-separation world. They are keen to promise voters everything from higher benefits and pensions to lower taxes, but never with any viable fiscal prospectus to underpin such aspirations. Their ambition is to have Irish levels of taxation, but Scandinavian-style public services. That is a cruel deception to sell to the electorate, and that fatal flaw in the argument has contributed to the fall in support for separation in recent months.

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[David Mundell]

I tend to agree with the editorial of the Daily Record, which often, in my experience, reflects the views of the Scottish people. It has described Mr Salmond’s current tactics as a

“desperate-looking ploy that has left Salmond isolated and open to public ridicule.”

That is the case. Although separation is the Scottish Government’s policy and not ours, we have made it clear that, as a Government, we are prepared to facilitate a legal, fair and decisive referendum to settle this issue.

[Michael Connarty]

Is not Mr Salmond feart of having a single-question referendum?

[David Mundell]

I am sure that many people will make that analysis. The UK Government referendum consultation showed a strong majority in favour of a single question and robust reasons why that should be the case. Seventy-five per cent of respondents agreed with the UK Government that a single question would ensure a decisive outcome. The support for a single question is clear and growing, and today’s Scottish papers—if the SNP takes any notice of them—confirm that.

All three pro-UK parties have made it clear that they support a single-question referendum. Even the SNP officially support a single question. Both campaigns in Scotland are in favour of a single question. Margo MacDonald and the Greens have now joined the call for a single question on independence. The coalition Government are offering the Scottish Government the opportunity to deliver a legal referendum by giving them the legal power that they do not currently hold. We are offering to deliver the SNP’s manifesto commitment.

The SNP won a majority at the 2011 Scottish Parliament election on the basis of a manifesto commitment to an independence referendum, not to further devolution, and it is on that single question that it can claim to have a mandate. Independence is of course the founding principle of the SNP; this is its big chance to hold the referendum that it has pledged to hold in successive manifestos. If the SNP now does a U-turn and demands a second question on the ballot paper, it will be an up-front admission of defeat and an acknowledgement that the First Minister believes that he cannot win a single-question referendum on separation.

Oral Answers to Questions

Michael Connarty Excerpts

Wednesday 20th June 2012 Commons Chamber

[David Mundell]

I note the hon. Gentleman’s concerns and I would be happy to meet him to discuss them further.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

6. What recent discussions he has had with the Scottish Government on youth unemployment.

[The Secretary of State for Scotland (Michael Moore)]

I meet with Scottish Ministers regularly to discuss a range of issues. On 15 March, Scottish Ministers joined me in Dundee for a joint-Government summit to discuss youth unemployment in Scotland, and we agreed to continue to work together on this important issue.

[Michael Connarty]

With the information that there was falsification going on in the apprenticeship schemes—with people already in work being counted as new apprentices—and with the offshore oil industry saying that it needs 44% of those with non-graduate technical skills to fill the spaces that are coming up in the industry, is it not time that the Secretary of State showed some leadership and called an all-party, all-Parliament forum in Scotland about unemployment and stopped the behaviour of the Scottish National party, which has been running a single-party state, with its Ministers wandering round having one-party meetings?

[Michael Moore]

I appreciate the length of time that the hon. Gentleman has spent working on this issue over his political career. I also believe that it is important that the parties can work together, because the origins of youth unemployment lie elsewhere, rather than just under this Government’s tenure. I am happy to work with him and others to ensure that we get all the best ideas focused on tackling youth unemployment.

Oral Answers to Questions

Michael Connarty Excerpts

Wednesday 18th April 2012 Commons Chamber

[Michael Moore]

The hon. Lady is entirely right to draw this issue to the attention of the House and to highlight that across Scotland and the UK, businesses, like individuals, want answers. We need to resolve this hugely important issue sooner rather than later, so we do not lose out on investment in jobs and we understand our future within the UK.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

5. How many people in Scotland will be affected by the Chancellor of the Exchequer’s proposal to withdraw the additional personal allowance for people over 65 years of age.

[Lindsay Roy (Glenrothes) (Lab)]

9. How many pensioners in Scotland will be affected by the Chancellor of the Exchequer’s decision on age-related personal allowances.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Scotland (David Mundell)]

Three hundred and sixty-seven thousand.

[Michael Connarty]

Will the Government not admit that the figures do not reveal the fact that this is an attack on people who have put away money for their retirement? The amount involved is up to £30,000 a year. This is an attack on middle-class people. There is also an attack on single people, who will lose income through being hit by the bedroom tax. People cannot be elderly and they cannot be single—and it would appear they cannot be hungry either, as there is a tax on fish and chips.

[David Mundell]

It will not surprise the hon. Gentleman that I do not accept his analysis. He and others who scaremonger on this issue fail to point out that more than half of those in Scotland aged over 65 will not pay any tax at all.

Oral Answers to Questions

Michael Connarty Excerpts

Wednesday 22nd February 2012 Commons Chamber

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

3. What steps he is taking to ensure that the findings of the Equality and Human Rights Commission’s inquiry into human trafficking in Scotland are discussed by the relevant officials in England and Wales.

[The Parliamentary Under-Secretary of State for Scotland (David Mundell)]

The Government are considering the findings of the Equality and Human Rights Commission’s inquiry into human trafficking in Scotland, in line with the ongoing implementation of the human trafficking strategy we launched in July 2011.

[Michael Connarty]

If the Minister had read the inquiry report, he would have seen that its main recommendation is that there should be a new human trafficking Bill for Scotland. I suggest to him that that would solve the problem of implementing the EU human trafficking directive, which we have signed up to, across the UK. I invite him and other interested parties to attend the all-party group on human trafficking next Monday in Room 7 to hear the inquiry being reported on in the House and perhaps take some advice.

[David Mundell]

If I am available, I will certainly be delighted to attend.

Scotland’s Constitutional Future

Michael Connarty Excerpts

Tuesday 10th January 2012 Commons Chamber

[Michael Moore]

I have to say to my hon. Friend that it is important that the people of Scotland decide their place in the United Kingdom. I am confident that when they do so they will vote to stay within the United Kingdom.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

May I commend the Secretary of State for the balance with which he has approached this, unlike the leader of the sulking six from the SNP on my left? It is very important that we get it clear that this is not the end of the debate about the powers for Scotland; this is only about the referendum on being in or out, which I happen to think is 13 years too late, as it should have been on the ballot paper in the first devolution referendum. Is it clear that we can continue with the debate, for some of us aspire to give more powers to Scotland within the United Kingdom?

[Michael Moore]

I absolutely agree that there is a legitimate debate to be had about the powers that Scotland has within the United Kingdom. We have spent a long time on this in this House and their lordships will now consider the Scotland Bill, which will significantly enhance the powers of the Scottish Parliament, creating much greater financial accountability and giving it much greater economic powers. I believe that the debate on devolution will continue; all of our parties, be it the Labour party, the two parties in the coalition or the SNP, will continue to debate it. However, when we have extended the powers of the Scottish Parliament it has always been on the basis of a vigorous debate, where parties set out their stalls, there is a coming together as we develop consensus, as we did in the constitutional convention and in the Calman commission, and then legislation based on that consensus. That offers the best model for giving further powers to the Scottish Parliament, but we now have huge uncertainty because of this prospect of an independence referendum. I want to get rid of the uncertainty. Let us get on with the debate about Scotland’s place in the United Kingdom.

Oral Answers to Questions

Michael Connarty Excerpts

Wednesday 14th September 2011 Commons Chamber

[David Mundell]

As the Prime Minister made clear on 11 August, Strathclyde police have achieved significant success—particularly in Glasgow—in pursuing gang-related initiatives, including a community initiative to reduce violence. They are committed to working with the Metropolitan police and other forces in England to share best practice in that regard.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

During the recess, I spent six days with Lothian and Borders police as part of the parliamentary police scheme. The people with whom I worked were concerned about the possibility that the call on Scottish forces would deny them, for example, any holidays in August next year during the Olympics, and also about the possible impact on the budget of Scottish forces. Is the Secretary of State lobbying to secure adequate recompense for the Scottish forces for the contribution that they have made, and will make in the future, to English policing?

[David Mundell]

The hon. Gentleman will know that there are arrangements with the Home Office for occasions when police forces are deployed from other parts of the United Kingdom. However, I am sure that the Home Secretary has heard the specific points made by the hon. Gentleman, and I will raise them directly with the Scottish Government.

Scotland Bill

Michael Connarty Excerpts

Tuesday 15th March 2011 Commons Chamber

[Mr Davidson]

None the less, my hon. Friend’s point relates to whether it is possible, without inviting thunderbolts from on high, to consider changes to the electoral system for the Scottish Parliament. It seems to me that that is desirable. We regularly examine other elements of the Scottish Parliament and aspects of devolution—I remind hon. Members that devolution is a moving feast and not static—and so we should examine the electoral system.

I do not intend to vote for new clauses 1 and 2, which were tabled by my hon. Friend the Member for Central Ayrshire, because I am not convinced that his proposals are the correct way forward. However, there is something wrong with the existing system, and it needs to be changed.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

Anyone who looks at the amendment paper will see that I am a signatory to new clauses 1 and 2. We have had the knockabout stuff about whether this Parliament has or has not the right to decide the structure of the Scottish parliamentary electoral system or indeed its membership, but people were perfectly happy for this Parliament to overturn the Scotland Act 1998 at the first time of calling, by increasing the number of Members to 129, when the Act originally said that we would drop to a reasonable number after the initial period. The argument was made that people in the Scottish Parliament thought they needed 129 Members to take up all of the one and a half days in which they actually debated in their Chamber, and to ensure that enough people turned up at 5 o’clock every Wednesday to vote to make sure they got the tick in the box.

It never made sense to me, but we allowed that change; Parliament was perfectly happy to change it. I believe that Members of all the parties with Members in Scotland were happy to go along with that process. If it was good enough then, it is certainly good enough now to consider whether the system in place for proportional representation—with its list Members—is the correct way to proceed. I am sure that some, such as my hon. Friend the Member for Edinburgh North and Leith (Mark Lazarowicz), would like to proceed to a totally proportional system. I believe that that has always been his bent; the single transferrable vote has always been his choice of political electoral system.

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[Mr MacNeil]

I wonder whether the hon. Gentleman underestimates voters and the public when he says that they have difficulty distinguishing between list Members, who might have stood and lost, and those who have won on a constituency basis. I have not come across anyone who has had any difficulty understanding the process.

[Michael Connarty]

I would not want to accuse the hon. Gentleman of trying to distort my words; I just think he might not be swift enough to understand them. I said that people resent it. They know that they did not choose the Member who lost under first past the post, and they are not happy that that person then turns up as a list Member. They believe it is important that when they make a choice under first past the post, they choose between candidate A and candidate B. I take the point made earlier that every party does it, but it is wrong because it distorts the will of the electorate.

[Mr Weir]

The hon. Gentleman is making the point that several of his colleagues have made about people who lose under first past the post and come back on the list. However, does he not accept that it is a different electorate? Regional seats have seven or eight first-past-the-post seats in it, so they are not being elected by the same electorate. I do not understand his objection.

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[Michael Connarty]

The point is that when the electorate then see that person’s behaviour in the list system, they are puzzled. I give the example of the Lothian Members, who are centred mainly in the city of Edinburgh. Where do the SNP list Members have their office? They have it in a little village called Whitburn in my constituency—well out of the city centre and the locale near the Parliament. That might have something to do with the fact that every time we have an election, the person who loses for the SNP stands against my MSP under first past the post, and that constituency happens to cover the village of Whitburn and areas in West Lothian. That clearly distorts not only the electoral system but the use of resources allocated to list Members, basically to try to back up the challenge under first past the post. New clause 1 would remove that problem by providing for two Members for each MP seat—it could be split in half or done some other way. That would give people the sort of representation that they like.

I have no doubt that colleagues in all the political parties in Scotland believe that when people come to see them, they know that they are their representatives and that they are accountable to those people. In the Scottish parliamentary system, however, people do not really know because of the number of layers involved. They might go to the list Member, and if they get nothing there they will try the first-past-the-post Member and vice versa. The list Member might first back up the person and then take a different view. Then it might come to seeing the Member of Parliament to find out whether they will back them up.

[Graeme Morrice]

I am grateful to my hon. Friend, who represents a constituency in the local authority area where I have a constituency. I certainly share his views and concerns on this matter and I empathise with his viewpoint. Does he agree, however, that the real problem is the absolute confusion among the electorate about the difference between constituency MSPs and regional list MSPs? Within Scotland, possibly 99% of the electorate, if asked, would not know who all their regional list MSPs were.

[Michael Connarty]

That is an easy question to answer. It is quite clear that most people in this Chamber, if asked to list them, would not know all the regional list MSPs in their area. That is not the way I like to see the issue, however. It is not so much about confusion among the electorate; it is more that the electorate are not well represented. It is not because they are confused, but because the system invites certain behaviours that run counter to good representation. People do not know who is accountable to them and it is quite clear that list members are not accountable to the electorate. They are accountable to their party, because it is the party that puts them on the list and into the system.

[Mr MacNeil]

rose—

[Michael Connarty]

I am not giving way yet.

If this is about the electorate—I hope it is, rather than about the manipulation of party machinery—it is important that the electorate know who is representing them. The system at the moment is not clear—indeed, it is deliberately confusing for the electorate. It has nothing to do with the intelligence of the electorate; it is a matter of how all the political parties use the list system. We should genuinely consider moving to a system that can be recommended for its clarity. Having two constituency Members for the Scottish Parliament and one Member for this Parliament would be correct and clear, and people would like it.

What has happened is that people in this place do not care whether the electorate like it or not. This is the key point: they do not treat the electorate properly. I have to say that the SNP argument is completely flawed. It has nothing to do with whether SNP Members respect the electorate; it is about whether their party can get an advantage out of it. It is the same with all minority parties. If my party acts in the same way, it is equally wrong. I therefore believe that new clause 1 deserves serious consideration and support. If parties want to top up to a certain number because they cannot run the place without 129 Members, that is where the additional Members should come from. We should call these people what they are—party-nominated Members. That is what happens in Germany: people are nominated by their parties to appear on the list to stand for Parliament or for the European Parliament. People are clear about what they are getting, but what they are not getting is representation.

On new clause 2, the use of resources must be controlled in some way. In Scotland, people are running party machinery in constituencies using the list system resources. To have an office in Whitburn, someone should be representing all the Lothians. For that office to be used only for one Member who is trying to become the first-past-the-post Member for the Linlithgow constituency is the wrong use of resources—and we must find some way of controlling that.

[Stewart Hosie]

The hon. Gentleman makes that allegation, so can he confirm that this is a parliamentary office for list Members and not a party office?

[Michael Connarty]

My understanding is that it is an office used by the Member of the Scottish Parliament, who happens to be the person who keeps standing for election to the constituency under first past the post. That may be coincidental; it may be that it is so difficult for the other Lothian Members to get public transport from the centre of the city to the office that they use it solely as a telephone base.

It is important for us to bear in mind the aspiration of the House of Commons that list Members should represent a party that will use them in a way that bolsters the process in the Parliament, rather than shattering and scattering them throughout Scotland and sending them scurrying after votes in the hope that they might at some point secure a first-past-the-post seat, or perhaps secure some proportional extra seats for their party by being seen to be more active. That is not the vision that I was sold in the Scottish Constitutional Convention, it is not the vision that was presented here, and it is not the vision conveyed to me by Scottish National party members at that time. Why are SNP members now willing to accept a second-class option rather than delivering what we promised to the people of Scotland?

[Stewart Hosie]

I asked a simple question. I will repeat it. Is that office a list parliamentary office paid for with parliamentary resources to enable list Members to do their parliamentary work, and is it within the region to which they are elected?

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[Michael Connarty]

The arrangement is perfectly legal under the present system. I am saying that the system should be more constrained and more disciplined, and that the resources should be more focused. I believe that the public are questioning why the office is there, what its purpose is, and whether it constitutes a distortion of what is due to them, the electorate. I keep returning to this point. What did we promise the electorate? What we promised them we have not delivered, and we should therefore consider doing something better. The new clauses represent serious challenges to the existing system, and should be treated as such.

[Pete Wishart]

Notwithstanding the fact that AMS was the Labour solution in the Constitutional Convention, there is another elegant solution to deal with a number of the hon. Gentleman’s concerns. Under STV, there would not be two distinct categories of Members of the Scottish Parliament. However, I presume that he wishes to end proportionality and return to Labour fiefdoms such as Glasgow council, 90% of whose members received 40% of the votes. Is that what he wants?

[Michael Connarty]

I should like Glasgow city council—which is a wonderful council—to be properly resourced, rather than having its budget cut by 3.7%. That is what the Scottish Government have just done, at a time when the city needs more resources. Other areas with a large proportion of SNP councillors are experiencing very small cuts. That is another abuse for which the people will take the Government of Scotland to task, and will take the SNP to task in particular.

Proportionality has not worked in our system. I do not approve of the single transferable vote. I do not believe in that kind of proportionality, because I think that it moves so far away from the idea of accountability that the public reject it, and I do not think that we will get very far with any other amendment that appears to distort what we have in the House of Commons at present. When a Member of Parliament is elected, he or she is accountable. People know whom they elected, why they elected them, and how to get rid of them. If we cannot introduce a system that provides some credibility, the Scottish Parliament will go spinning off into the future with no credibility at all. I therefore hope that the Committee will pass new clauses 1 and 2.

[David Mundell]

I welcome you back to the chair, Ms Primarolo. I hope that, unlike the hon. Member for East Lothian (Fiona O'Donnell), you did not have a sleepless night in anticipation of the debate. Given the level of interest that has been expressed, the hon. Member for Central Ayrshire (Mr Donohoe) has clearly done the Committee a service by promoting a debate on these issues.

Let me say at the outset that the Government will not support the new clauses, principally because we believe that a fundamental part of the devolution settlement that was voted for in the 1997 referendum was the agreement that the Scottish Parliament should be elected on a proportional basis. There is a range of debates to be had on issues relating to proportionality, and some of those issues have emerged this afternoon, but it is clear that a fundamental aspect of the Scottish Parliament is that it is a proportionally elected institution.

I must confess that during my time in the Scottish Parliament I was a regional list Member. Therefore, I must defend that cadre. Many Members from all the main political parties in Scotland have served with distinction as regional list Members, including Peter Peacock, who served on the Scotland Bill Committee, and Lord Foulkes, who was mentioned in our debate yesterday. We should not accept any general diminution of their contribution to the Scottish Parliament, as they have played their roles.

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[David Mundell]

The hon. Gentleman probably shares my belief that the Labour party view will be what is in the interests of the Labour party, and not necessarily what is in the interests of the electorate in individual constituencies in Scotland.

[Michael Connarty]

I am glad that the Minister gave way after that terrible slur on the Labour party. We are talking about the views of Members of this House, and it is very important that we take them seriously and do not start messing around. It is clear that the parties had a view. I recall Donald Dewar saying that the idea was that, as in Germany, the leader of the list would be seen as a symbol of what the list stood for. All the arrangements were proportional in Germany, but because we had this divergence between the first-past-the-post and list systems, our arrangements became totally confused in the eyes of the electorate. We are not seeking party advantage; we are looking for the electorate’s advantage.

[David Mundell]

I recognise the hon. Gentleman’s consistency on this issue, but I was confused by one of the contributions from the hon. Member for Kilmarnock and Loudoun (Cathy Jamieson), who was part of a Labour-led Scottish Government who introduced the single transferable vote into local government in Scotland. Much of the argument that I have heard today did not provide evidence that that was done on the basis of support from within the Labour party. As one Member on the Opposition Benches pointed out, it was also done without consulting people across Scotland. On the point that the hon. Lady did raise, may I say, for information purposes, that when a council by-election is required, the STV system used does not guarantee ongoing proportionality? One of the problems with STV systems is that by-elections are difficult and complex matters.

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All the hallmarks of the great devolution dividend are falling apart around us. The coastguard service is to be cut as the Scottish seas are becoming more and more congested, and VAT has risen to 20%.

[Michael Connarty]

Before the hon. Gentleman disappears off the map of the maritime borders of the UK, may we return to the subject in hand? As someone who represents the busiest port in Scotland, Grangemouth, it concerns me that the ships that come in and out of it travel more in non-Scottish waters than in Scottish waters to reach that port. Dividing the forces that need to be gathered to fight the terrible cuts in the entire UK coastguard service that are coming from the Government and hiving off Scotland would not greatly advantage the people who come in and out of the port that I represent. Is it not better that we stand together and fight the cuts than try to divide into two different land masses and two different Governments?

[Mr MacNeil]

I am sure that the hon. Gentleman knows that there is more than one way to skin a cat. I am also sure that he would like to see a busier port in Grangemouth and a Government able to incentivise greater activity in Grangemouth. I therefore expect him to support my new clauses.

These measures will mean that the Scottish Parliament and Government can get on with the job of making Scotland better and allow the rest of the UK to focus on what it considers to be important. This is a litmus test that will show Scotland which of its MPs stand for Scotland and which of them focus on party advantage. I intend to press new clauses 3 and 12 to Divisions.

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[Mr MacNeil]

The hon. Gentleman says temporarily, but in my lifetime I have seen an awfully lot of time that he might call temporary—the 18 years from 1979 to 1997. We then had Labour saying that it could do this, that and the rest of it and that we should vote Labour to stop the Tories, and that did not work once.

The hon. Member for Aberdeen North said that the new clause would not resolve the issue, but surely it would at the very least lessen the problem by moving responsibility for the coastguard to Scotland. He said that he wants a properly co-ordinated national system. That is what I want, but I fear that we will not get it because of the cuts. I recognise and respect his input and involvement in Piper Alpha. He probably misses the point that the Isle of Man has its own coastguard and seems to co-ordinate well with Liverpool, and presumably with the Republic of Ireland as well. I am disappointed that he descended into making slurs; he could have done better. The new clause is about saving coastguard stations in Scotland and keeping a coastguard in Scotland.

I of course welcome the Minister’s encouragement on ports, but he should be aware that I am trying to keep a level of coastguard service in Scotland. Regardless of the party in power in Scotland, I am quite sure that such savage cuts should not be made to our marine insurance policy, the coastguard stations. In short, the Minister sees London as the only way, and that there can be no other way such as on the Isle of Man.

[Michael Connarty]

Will the hon. Gentleman give way?

[Mr MacNeil]

No, I will make progress.

I see that the Minister was happy that the sea area was taken from Scotland in 1999, and he revealingly made a Freudian slip by saying “mythology”. Why was that change made in 1999? I fear that he has given up his birthright for a mess of pottage.

I shall seek to divide the Committee on new clause 3 and—I hope—on new clause 12.

Question put, That the clause be read a Second time.

Oral Answers to Questions

Michael Connarty Excerpts

Wednesday 9th March 2011 Commons Chamber

[Michael Moore]

I have spoken to many young unemployed people across Scotland, not just this year but over the whole course of my time as a Member of Parliament, and not just in my own constituency but elsewhere too. They all want to see a sustainable route out of the difficulties that the country is in. This is not only about the Work programme measures that I have already mentioned but about getting the country back on its feet and tackling the deficit, making sure that we have a sustainable way to growth by focusing on bank lending, keeping interest rates low, and providing support by cutting taxes, be they corporation tax or national insurance. All those measures will help.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

6. What assessment he has made of the likely effect on families in Scotland of the changes to benefits proposed by the Secretary of State for Work and Pensions.

[Mrs Anne McGuire (Stirling) (Lab)]

7. What discussions he had with the Secretary of State for Work and Pensions prior to the publication of the Welfare Reform Bill on the likely effect on Scotland of the measures in that Bill.

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[Michael Connarty]

That was not an answer to the question that I asked. I cite two cases to the Under-Secretary: a family with a son born with fragile X syndrome and autism and another family with an absolutely outstanding young teacher who suffered a massive stroke. Both of them now require 24-hour residential care. Their lives will be damaged irreparably if the Government go ahead with the withdrawal of benefits for people in residential care—benefits that give them a quality of life that makes residential care not a prison sentence. Will the Secretary of State and the Scotland Office campaign with the people of Scotland against this proposal by the Government to withdraw benefits from people in residential care?

[David Mundell]

The hon. Gentleman will be aware that there was a debate this morning in Westminster Hall on that specific issue. The Government have indicated that they are listening to the concerns. The fundamental issue with disability living allowance is that it is not fit for purpose and needs change. The Government are taking those changes forward.

Scotland Bill

Michael Connarty Excerpts

Monday 7th March 2011 Commons Chamber

[Pete Wishart]

I am more than happy to acknowledge that Ron Gould was not right about everything, but I think most Members accepted the broad thrust of his report’s recommendations in respect of the structural problems that arose in the 2007 election. One of his recommendations was that all responsibilities for elections should lie in one House, and he gave the strongest possible hint that that should be the Scottish Parliament. Our new clause 5 proposes precisely that. It brings together all aspects of electoral administration and legislative competence and places them with the Scottish Parliament, which is where they should be. We believe that that is the case not only because about 140,000 people lost their votes in 2007, but because it is the normal way of things. Any self-respecting Parliament should be in charge of its electoral arrangements. With election to office comes accountability, and we strongly believe that all arrangements to do with elections should be the responsibility of the Parliament that has been elected on the basis of those arrangements.

I accept that the Bill’s proposals represent an improvement on current arrangements. I welcome the fact that it devolves certain administrative functions to Scottish Ministers—indeed, I welcome any transfer of powers to the Scottish Parliament—but it does not even devolve all aspects of electoral administration, as recommended by the Calman commission. That would still give the Secretary of State powers over voter registration, the rules on the composition of Parliament, the procedure for filling any regional seat vacancy during the life of the Parliament, and rules relating to disqualification.

Scottish Ministers would still need to approach the UK Government if primary legislation were required on the date of elections, for example, or even on the voting system, which is an issue that I know greatly exercises many Labour Back Benchers. The Scottish Parliament’s role would also be limited to approving or disapproving rules made by Scottish Ministers, and it would have no opportunity to shape them through its own primary legislation. Furthermore, the Bill would require that Scottish Ministers must consult the Secretary of State before making any of these rules.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

The hon. Gentleman has said something that jarred with the logic of his argument. He is obviously speaking about an independent country that has its own Parliament when he says that the Parliament should decide the electoral system. Does he not accept that as this Westminster Parliament is sovereign, it is right that we decided the system—although I do not agree with it, in particular the additional Members who were added instead of bringing the numbers down to the figure proposed in the first Bill? Does he not accept that it is right that this sovereign Parliament should decide how people are elected to the devolved Parliament, as the reality is that we do not have an independent Parliament in Scotland?

[Pete Wishart]

Of course the hon. Gentleman and I differ as to how we would like this whole process to develop and the sort of Scotland we would like in the future, but my view is still very much that any self-respecting Parliament worthy of that name must be responsible for its own arrangements. That is just how things are done, and I believe the Scottish Parliament should have that responsibility.

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[Mrs McGuire]

I am not into the Simon Cowell approach to voting. Some of our younger colleagues who entered the House at the last election might see that in the future, but I do not have as much confidence in voting by mobile phone as the hon. Gentleman may have. We must make it as easy and straightforward as possible for people in varying circumstances to cast their vote. That is why the extension of postal voting has been such a welcome addition.

We should consider seriously the way in which the House wants to see its elections and the count of those ballots conducted. I would be disappointed if we based all our analysis on the situation that arose four years ago. It was an unusual situation. There was a coincidence of circumstances which made the count difficult. If the Government are serious about achieving consensus on a major constitutional issue, I hope they will not just rely on the good will of electoral returning officers, but take account of the will of the House, which is, I hope, to count our ballots overnight for the Scottish Parliament elections.

[Michael Connarty]

It strikes me that all political parties are like Simon Cowell—they want the person they own to win whatever campaign they are involved in, so we have a vested interest, although I would not go as far as the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) might go.

My right hon. Friend the Member for Stirling (Mrs McGuire) was right about the myths regarding the errors of 2007, as if it was all down to the ineptitude of the Scotland Office at the time, or of the returning officers. It is clear that the complication in 2007 was the counting of two ballots for two different purposes on two different mandates, combined with the construction of a ballot paper that did not make sense to the elector and clearly, in the count that I watched at great length until I retired to bed at about 4 am, was not fully understood by the returning officer in my area.

[Mr MacNeil]

To be clear, by electronic voting I do not mean the Simon Cowell, light entertainment version, but the serious version used in many countries around the world.

[Michael Connarty]

I know a little about that, as my son lives in Australia, which has a totally electronically registered electorate who all must register and vote. He travels a great deal all over Australia with his job and finds absolutely no difficulty in voting, because he can pop into any electoral office in any town at any time up to three weeks before a ballot and cast his vote for the area in which he lives, so it is a very sensible system. It is surprising that we have not caught up with the technology. It would certainly be a great advantage if we did, as that might engage people much more in the ballot.

The idea that we had a problem because we counted overnight is wrong. Although those of us who soldiered on might not have been quite as excited by the process as my hon. Friend the hon. Member for Glasgow South West (Mr Davidson), it was clear to us that the muddle was created by there being two ballot papers. The other question relates to the training of returning officers, because I do not think that the returning officer I watched was competent enough to deal with the ballot, and some crazy errors occurred. For example, he did not tell a candidate who had lost in a council election going on at the same time that he had lost by one vote. The candidate did not discover that until the next day and so was not allowed a recount. Whether that was the result of incompetence, or just the fact that the returning officer was so fatigued that he wanted to get home to his bed and not have another recount in that crazy system running parallel to the Scottish election is another problem.

The hon. Member for Perth and North Perthshire (Pete Wishart) seemed to argue that at whichever level an election takes place—Scottish Parliament level or UK Parliament level—that level should have control over its own type of ballot. By that argument, local councils would be put in charge of their elections and allowed to decide all the things that have been argued for, including exactly who would be elected, how they would be elected and what the franchise would be. That is a nonsense. Presumably for Scottish Parliament elections it would be the First Minister who decides, certainly in the present Scottish Government, as only one person seems to make all the decisions in that Government. Those aspects must be determined by the level above that being elected. For example, the Scottish Parliament, quite correctly, controls the methodology for local elections, just as this sovereign Parliament, which set up the Scottish Parliament, should decide if it wishes to change that, possibly in negotiations. That is not saying that there is not a dialogue to be held, but the idea of putting it down does not make much sense.

Therefore, I support the amendment. As my right hon. Friend the Member for Stirling said, the important point is that when people put their ballot papers in the ballot box, they expect it to be transported securely to the place where they are to be counted. One of the reasons why that was set up for UK elections was to let people know that ballot boxes are not stored somewhere else where they might be tampered with, so there is no split between the process of voting and the process of counting. To push that back to the next day is to add to people’s cynicism about how elections are conducted and how the count comes out.

It is clear to me that the lesson we should learn from 2007 is that we should not have two counts on the same evening. Therefore, we should not have the two processes of electing representatives and choosing the method of election at the same time. That argues strongly against the Government’s proposal to have a referendum on a voting system on the same day as the Scottish elections, because that is asking people to postpone the count for the electoral amendment to the next day. It might be fine, because I think that it will be the great yawn of the century—I can just see people getting as excited as my hon. Friend the Member for Glasgow North about exactly what little deviation in the electoral system they will be allowed in the process of choosing which system to use.

[Mr Davidson]

Will my hon. Friend give way?

[Michael Connarty]

I have startled him into an intervention.

[Mr Davidson]

My constituency is Glasgow South West.

That was not a deviation. Was it not a major result? One of the country’s governing parties came not even second in a by-election, and not even third. If I remember correctly, it was not even fourth or fifth. [Laughter.] It is indeed laughable that it came sixth. I believe that it beat the Loonies, but only barely because there was some blurring at the edges. Is that not worth being excited about?

[Michael Connarty]

Obviously, my hon. Friend is the Member for Glasgow South West, and I do apologise to my hon. Friend the Member for Glasgow North (Ann McKechin), who has offices across the corridor from me. I should really remember that.

A change to AV would not have helped the Liberal Democrats in that election, and any such change will probably not help them in the future, either. The point that I am trying to make is a very serious one, however. To have two different ballots, a referendum on a voting system and a vote for an elected chamber, is to mix up the purpose and focus of the electorate on that day, but that might be the reason behind it all. The possibility of not coming sixth and getting a few votes as the minor party in the coalition might be the reason for holding the two ballots on the same day, but that certainly argues for splitting the process. In the proposals before us, we say that the count for the Scottish Parliament should take place overnight, which is quite correct—and basically no one really cares what happens to the referendum.

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[Pete Wishart]

Doing things differently in Scotland from the rest of the United Kingdom is what we call devolution, and I say to the hon. Member for The Cotswolds (Geoffrey Clifton-Brown) that we make no apologies for representing our constituencies and communities. If this is the legislation that our communities want, it is up to us as their elected Members to secure it.

I strongly welcome the clause and I congratulate the Calman parties on introducing it. It is one of the few examples in the Bill of a real and positive transfer of powers from the Scotland Office to Scottish Ministers, in recognition of the very significant and different issues in Scotland. The hon. Member for The Cotswolds mentioned the tragic incident in 2005 when young Andrew Morton lost his life at the hands of someone with an airgun. It was not the tabloid press but his parents who started a remarkable campaign to bring the issue to public attention, and they were supported in that cause by politicians, civic groups and everyone who took an interest in the subject.

[Michael Connarty]

I worry when a Scottish National party Member accepts the kind of smear on Scotland that the hon. Member for The Cotswolds (Geoffrey Clifton-Brown) made. If we look at the press in England, we see there has been a succession of shootings and killings using handguns, not airguns, in and around the cities of England. The seriousness of the issue of deaths being caused by those carrying firearms is much greater in England than in Scotland, so let us not get things out of perspective.

[Pete Wishart]

I will come to the issue of firearms, which is central to our amendment, in order that we can, in Scotland, have responsibility for firearms, as well as for air weapons, which are, as we all acknowledge, a significant problem in our community. It is important that we have legislative responsibility for all such weapons in Scotland so that we can make our own laws, not just in regard to airguns, but in regard to all serious weapons.

A fantastic campaign led to calls for Scotland to secure legislative competence for airguns, which we are doing today. It led to the Cabinet Secretary for Justice, Kenny MacAskill, writing to Jacqui Smith several years ago to ask that Scotland be considered as a pilot area for the licensing of airguns, and subsequently to a summit of all stakeholders to consider the problem in Scotland and propose a way of dealing with it. Many interesting issues were explored at that firearms summit. The Scottish Government went as far as publishing the necessary parliamentary order to transfer the power quickly so that they could start to deal with the issue in Scotland.

Why do we want legislative competence? I have explained why we think the situation in Scotland is different and why Scotland needs the power, but what we can do with it? This might satisfy the hon. Member for The Cotswolds about our intentions: it is not about trying to stop sporting events or getting in the way of the Commonwealth games. That is nonsense. They will go ahead. Many constituents of mine enjoy and participate in events with all manner of rifles and I have no problem with that.

The power would allow us to examine the issue seriously. The intention is to put together a Scottish firearms consultative panel involving all the key stakeholders to establish a range of views on the issue. One of its first tasks would be to develop and consider the merits of a pilot licensing scheme for air weapons. This would enable the Scottish Government to test the practicalities of air weapon licensing. It would also test whether air weapon licensing can operate effectively without wider reform of the firearms legislation. A pilot could take place in one or more areas in Scotland.

Our strong view, as I said to the hon. Member for Linlithgow and East Falkirk (Michael Connarty), is that air weapons are only part of the story when it comes to dangerous weapons in Scotland. At the firearms summit in 2008 there was clear agreement that the current firearms legislation is not fit for purpose. Something must be done to improve the situation. It needs to be comprehensively reviewed. I accept that a review is taking place and we will wait to see its conclusions, but we need action. If that cannot happen at UK level, and if the legislation is not satisfactory, we insist that firearms legislation control be handed to the Scottish Government so that we can make our own decisions about this critical issue.

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[Pete Wishart]

Indeed, we do support the clause as it stands. I know that the right hon. Gentleman is an astute follower of what happens in the Scottish Parliament, so he will have heard Kenny MacAskill and other colleagues saying on several occasions that what we require in Scotland is full control over all firearms legislation. That was the outcome of the summit held back in 2008 and that is what we seek to achieve this evening. We can achieve it. All we need to do is get the Committee to support us on amendment 3 this evening.

[Michael Connarty]

Will the hon. Gentleman explain how that would operate? I deal with firearms quite a lot in my constituency. I would like to hear what the difference would be if legislative control were transferred. The regime is very strictly run by the police, and the laws encompass everyone in the UK.

[Pete Wishart]

I am about to come to that. Let me explain first what we are trying to achieve with the amendment, and I will then deal with the hon. Gentleman’s wider point. He may intervene again if he feels that he is not getting a satisfactory response.

Our amendment deletes a small section that states that power over the control of “specially dangerous” weapons remains with the Secretary of State. It ensures that the Scottish Parliament will have the power to legislate for all air weapons, including the “specially dangerous” weapons that require a firearms certificate. The Bill as it stands includes a power for the Secretary of State to designate “specially dangerous” air weapons, which would then fall under the reserved regime that applies to all other firearms. In that case, the power would lie with the UK Government and Ministers and would not be subject to any approval from Scottish Ministers or the Scottish Parliament.

We therefore propose that the relevant power be exercised with the consent of the Scottish Parliament, even if it is not transferred. We believe that this is important because there are different and distinct issues relating to firearms in Scotland. I do not want to mention specifically all the tragedies that have taken place. We have only to recall Dunblane several years ago to recognise the very real issues that we have in Scotland involving firearms. It would be much more sensible for all firearms to be under one control in one central point. Scottish police forces have taken great interest in our plea and they would be interested in developing and exercising it.

We want to avoid complication. Our amendment would devolve legislative competence for all air weapons to the Scottish Parliament. I intend to press the amendment to a Division because it is important. This is one of the few opportunities that we will get to improve the Bill significantly and ensure that all weapons are included in it. It is a small measure designed to improve the Bill, as we said we would, and I urge the entire Committee to support it.

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[Michael Connarty]

I approach the issue from a slightly different position. I support clause 11, because it is sensible to route such decisions to the Scottish Government, and amendments 17 and 18, which I hope the Government will take on board. Strangely, in a Committee of the whole House, Members do not necessarily receive from the Government the moderate responses that they would if they were in Committee off the Floor of the House and outwith the view of the television cameras. Often, Ministers see the sense in amendments and accept them, but this is a much more public arena, so we might not get from the Government Front Bencher tonight the sensible response that we would have had if we had been off the Floor of the House. That is one of the problems of this theatre, as some people regard the Chamber.

I have had to handle many matters to do with guns—to do with normal firearms—because there is quite a large shooting fraternity in my constituency. My constituency is mostly urban, but it has a rural hinterland where people shoot in clubs, to get rid of vermin, which is what farmers consider rabbits to be, and they go further north to shoot deer. It is an urban environment, and with reference to the remarks of my good Friend the Member for Kilmarnock and Loudoun (Cathy Jamieson), strangely, where somebody lives does not necessarily determine whether it is right for them to have a weapon of any kind; the question is what they are going to use it for, whether it is properly secured and whether they are properly licensed, controlled and monitored by the police.

I hope that in this Bill we are giving to the Scottish Parliament the power to think about—in keeping the whole thing in perspective—what I would call regulation rather than prohibition. The hon. Member for The Cotswolds (Geoffrey Clifton-Brown) is partly concerned by the idea, whipped up by whomever, for whatever reasons and with the aid of whatever quality press, that we are talking about—and we do use the phrase—a ban on airguns in Scotland. I hope that that is not the case, and we are not talking about someone running such a campaign.

The problem with prohibition, which was very well exhibited in the USA when they tried to ban alcoholic drink, is that the banned item just goes underground. In that situation, weapons would not only be used but traded, and unfortunately a large number of illicit users might misuse them, so I hope that the Scottish Government are sensibly thinking about a regulatory regime for air weapons. People say that a licensing scheme will cost so much money that it will be easier or, certainly, cheaper to introduce a ban, but I hope that in Scotland there is a sense of perspective, so that the issue, when it is transferred, will be about regulation, not prohibition.

That is not at all to diminish the serious effects of the deranged misuse of such weapons. The hon. Member for Banff and Buchan (Dr Whiteford) was right to point out that a lot of damage is done by misuse, particularly to domestic animals in our communities. I am sure that it does not happen just in communities in Scotland, either, and that the hon. Member for The Cotswolds did not mean to smear the good name of urban communities in Scotland, because we know of the terrible catalogue of murders by people using guns—firearms, not airguns—in England. I am sure that airguns are misused a lot in communities in England.

[Geoffrey Clifton-Brown]

The hon. Gentleman has been a Member for a long time and, in fact, as long as I have. I did not in any way mean to smear the people of Scotland, as he has inferred from my remarks; that was not what I said at all. Does he, in turn, recognise that the vast majority of firearms offences and, indeed, airgun offences are carried out by unlicensed users? We can have in place whatever regime we like, but those offences will still occur from time to time.

[Michael Connarty]

I wish that we could expunge from the memories of the people of Scotland, particularly central Scotland, the fact that a licensed gun owner used guns that were then allowed to create the carnage at Dunblane. It is not wrong to say that by regulating and banning the possession of handguns we did something very positive. There are times when controls are needed. In the United States of America, people can buy what are basically machine guns over the counter; we cannot, thank goodness. This obviously has a lot to do with the person who misuses the weapon, but it is also about its availability in the first place.

I hope that whatever regime is introduced in Scotland will be strict. A regular firearm user who is a hunter recently came to see me about relicensing and could show me that they had a strongroom that was totally secure, which meant that access to their guns would be very difficult for anyone. Their licence was approved by the local police, and it was a very thorough operation. I do not know whether that operation could be replicated for airguns, but that would stop a lot of the illicit possession. It is much easier for the local community around the area to know that someone is misusing such a gun if they possess it without a licence, in a similar way as applies to the possession of ordinary guns. I hope that my hon. Friend the Member for Kilmarnock and Loudoun agrees with that.

I hope that the Minister is listening to the support for these small amendments, which are useful and helpful. With apologies to those who aspire to have this in Scotland because we are Scottish, there are some serious types of airguns that should be licensed universally on an all-UK basis. That will not undermine the ability of our communities to know that people who have unlicensed airguns can be immediately notified to the police to have those firearms removed.

[David Mundell]

I welcome you to the Chair, Mr Benton.

I can assure the hon. Member for Linlithgow and East Falkirk (Michael Connarty) that nothing that the Government put forward this evening is in any way determined by the fact that these proceedings are televised. I hope that we are bringing forward a reasoned response to important issues that have been raised in the debate on these amendments.

I wanted, during this discussion, to clarify the SNP’s position, and I am sure that the hon. Member for Perth and North Perthshire (Pete Wishart) will understand why. I think that the logical explanation is that we now have devolution in the SNP, with a London SNP that is proposing an amendment to clause 11 and an Edinburgh SNP that is in agreement with it as it stands. In those circumstances, I find it extremely odd that the hon. Gentleman suggested that he was going to push this matter to a Division. He will have seen the Scottish Parliament’s Scotland Bill Committee report, which, in paragraphs 142 to 144, confirms that it was a unanimous view of that Committee that clause 11 should be supported. It states:

“We note that this excludes those air rifles, air guns or air pistols which are of a type declared by rules made by the Secretary of State under section 53 of the 1968 Act to be ‘specially dangerous’. These particular weapons are already banned and we see no reason why this would change.”

The Committee went on unanimously to recommend support for clause 11.

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[David Mundell]

The Scottish Parliament will be able to enact a complete ban on air weapons that fall within the definition. The important point for colleagues such as my hon. Friend is that those who do not agree with that course of action will be able to argue their case in the Scottish Parliament. The hon. Member for Kilmarnock and Loudoun (Cathy Jamieson) set out a strong case on the basis of her considerable experience, respected views and strong beliefs. I felt that my hon. Friend also set out a strong view, although Opposition Members and indeed Members of my party in the Scottish Parliament might not subscribe to it. It is important that people who hold such views move the argument on to the Scottish Parliament if the clause is agreed to, because that is the appropriate place for the debate to take place.

[Michael Connarty]

Will the Minister clarify the other point that he made? If I understood him correctly, he said that the air weapons that are not covered by the Bill, which the SNP is trying to amend so that they have power over such weapons, are already banned. The only thing that could be done differently would be to unban them. The SNP is therefore asking for the power to unban weapons that are banned. Is that correct?

[David Mundell]

The hon. Gentleman makes a useful intervention. The division that took place in the Scotland Bill Committee in the Scottish Parliament, to which we have referred, was on exactly that point.

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[Michael Connarty]

I am pleased to follow the hon. Member for Banff and Buchan (Dr Whiteford), who has both conflated a lot of issues that are of obvious concern to her party and not been quite open about what happened on the Scottish Parliament’s Bill Committee. We have heard what seems to be a strange argument: the SNP is for devolution unless it does not win the vote, because on a devolved committee the SNP moved an amendment and lost. Then the committee concluded that it was

“content to recommend to the Scottish Parliament that it should give its legislative consent to the provisions in the Scotland Bill relating to the re-reservation of insolvency, subject to provisions being drafted which will secure capacity for devolved legislation to affect the winding-up of Registered Social Landlords”.

On the one hand the hon. Lady is conflating lots of issues of obvious concern to her party, but on the other she is denying the democratic process when it goes against her in the devolved Parliament.

The third thing that the hon. Lady has done is make a case as though that case were not recognised by everyone, on all sides, in the evidence given to this Parliament. Hopefully, the Government are listening to that, and those on our Front Bench have stressed the same points. However, there is another fault that people show when trying to enthuse people—I think that the common phrase is “overegging the pudding”. There has not been a bankruptcy or insolvency of a registered social landlord in Scotland in 40 years, because of the way in which their arrangements are structured. I was active in the early days of the housing association movement as a leader of a council in Scotland. Across all the parties we created a structure that mainly secures registered social landlords from the problems experienced by those landlords who are thirsting for profit and therefore taking risks by borrowing and overextending themselves. Registered social landlords are to be commended because they tend not to get themselves into such situations, which is one of the reasons we set them up as we did.

Everyone takes seriously the point made by the Scottish Federation of Housing Associations, including those on our Front Bench and, I hope, the Government. Therefore, we should have the necessary safeguards to allow the points made by the SFHA to be taken on board. The SFHA is worried about the speed of action should there ever be a problem, and hopefully the final legislation will recognise that. However, we cannot conclude from this that we should therefore go against the recommendation of the Scottish Parliament’s Bill Committee and against common sense in having a system across the UK to address a problem that faces a lot of the corporate bodies and private organisations in the UK at the moment.

[Dr Whiteford]

This is an argument that has come directly from the Scottish Federation of Housing Associations, which is concerned about preventing such problems from occurring in the first place. It is the SFHA that is worried about the environment in which it currently operates. I know that we will shortly debate housing benefit in this House, but one of the SFHA’s concerns is that changes to housing benefit could have serious repercussions for cash flow. It is concerned that the financial position is not as secure as it might have been. That is why we have to take this issue seriously. I wish that I could share the hon. Gentleman’s optimism, but hoping that something might come forward is no way to go through the parliamentary process.

[Michael Connarty]

Allow me to recommend that optimism to the hon. Lady, who is new to the House. That optimism, which I have carried with me for 18 years, might stand her in good stead if she survives as long as I have in this place. They do say—I am quoting Gramsci, the socialist—that pessimism of the intellect should breed optimism of the will. She will certainly require that again and again if she sits on the SNP Benches in this place, I can tell her that.

I am deeply involved in fighting a case involving a bad insolvency in my constituency. In a sense, I have had to step over a line that I have drawn for myself since devolution, where I have had to say, “This is not a matter for me: I have a remit as a UK parliamentarian and my colleagues”—Members of the Scottish Parliament—“have a remit devolved to them.” I try to keep the two apart quite strictly. I try to encourage devolved organisations to write not to me but to my MSP colleagues, and to engage them properly in the process. I was involved in the scrutiny of bankruptcy in Scotland legislation here in Westminster between ’92 and ’97, and knew quite a lot about that. I therefore find the current environment frustrating, as many companies are facing serious challenges because of economic conditions and are having to go through the insolvency process.

Although the case I took on involves what is currently a devolved matter, I knew that re-reservation was being reconsidered, so my conscience was somewhat assuaged. The reality is that the insolvency process is not very pleasant. It is never pleasant for people to be bankrupted or to have their goods and chattels sold by a bankruptcy administrator who seems to be their friend until the moment when they sign the form, and who then turns out to be their enemy. In the case I am currently involved in, there is a house for sale. The insolvency administrator has allowed it to be vandalised, so quite a lot of the financial benefit to the creditors has been lost, and seems to be ignoring any offer from anyone to buy the property.

This issue should be a responsibility across all the Chambers, and I think it makes sense for the same rules to apply in Scotland as in the rest of the UK. The Bill’s provisions would bring them into line. We should all realise that it does not matter which side of the border people are living on or trading in, and that they must be dealt with properly by the insolvency laws and its practitioners. I have serious reservations about the way they are currently regulated. I look forward to this being returned to being a reserved matter so that I can fully engage in it.

[David Mundell]

Clause 12 implements the Calman commission recommendation that the UK Insolvency Service should be made responsible for laying down rules to be applied by insolvency practitioners on both sides of the border. The commission was persuaded by evidence from stakeholders, including the Law Society of Scotland and the Institute of Chartered Accountants of Scotland, that a consistent approach to winding up would bring significant benefits to insolvency practitioners, creditors and others dealing with insolvent companies in both England and Wales and in Scotland. Many windings up involve groups of companies that operate on both sides of the border, and it will be more efficient in terms of both time and money if the same winding-up rules are applied to each insolvent company in the group, except where Scottish common law dictates otherwise.

As a result of the proposals, the reorganisation of groups of companies will be more efficient and lead to increased returns for creditors and shareholders. Group reorganisations may involve subsidiaries being wound up, and a common approach to winding-up rules would help reduce the cost and complexity of group restructuring where constituent companies operate in both Scotland and in England and Wales. In its evidence to the Calman commission, the Institute of Chartered Accountants of Scotland, which regulates most of the insolvency operators working in Scotland, highlighted the benefit of consistent rules in promoting a more stable environment for corporate recovery and turnaround.