Michael Moore
Main Page: Michael Moore (Liberal Democrat - Berwickshire, Roxburgh and Selkirk)Department Debates - View all Michael Moore's debates with the Scotland Office
(11 years, 10 months ago)
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The Secretary of State for Scotland (Michael Moore)
I beg to move,
That the draft Scotland Act 1998 (Modification of Schedule 5) Order 2013, which was laid before this House on 22 October 2012, be approved.
I am grateful that we have longer to debate the order than would usually be the case. This reflects the interest that hon. and right hon. Members have shown in the issue and the time they have spent scrutinising it, not least in the Scottish Affairs Committee, whose report is a very important contribution to the parliamentary process.
On 15 October 2012, the Prime Minister, the First Minister, the Deputy First Minister and I signed an agreement on behalf of our respective Governments that will, if the order is approved by this House and the other place, allow a legal, fair and decisive referendum to take place on Scottish independence. We will face the most important political choice that people have taken in Scotland in more than 300 years.
Mr Brian H. Donohoe (Central Ayrshire) (Lab)
What is the role of the Electoral Commission? Can the Scottish Government override it or is it mandatory for them to accept what it says?
Michael Moore
I applaud the hon. Gentleman’s early intervention. He will not be surprised to know that he has anticipated slightly an issue that I will turn to at reasonable length, with the House’s permission, later in my speech. Put simply, we expect the same standards to apply to the Scottish Parliament as apply here—no greater, no less.
This process began with the Scottish National party’s victory in the May 2011 Scottish parliamentary elections and its manifesto pledge to hold an independence referendum. From the very beginning, we recognised the political mandate that the SNP had secured for a referendum. However, as I set out in the House just over a year ago, the Scotland Act 1998 is very clear that the Scottish Parliament cannot legislate on matters reserved to this Parliament. That includes the constitution and, specifically, the Union of the kingdoms of Scotland and England.
That is why we published a consultation paper on 10 January 2012, which set out the different ways to deliver a legal referendum. Shortly afterwards, the Scottish Government set out their own consultation.
Our paper sought views on how to facilitate a legal, fair and decisive referendum. We set out the available legislative options and stated that our preferred option was to provide the Scottish Parliament with the legal competence to legislate itself. This received the overwhelming support of those responding to our consultation. More than 70% of respondents agreed that the Scottish Parliament should be given that power. Throughout the discussions with the Scottish Government, we stressed that there should also be a single question to deal decisively with the issue of independence. Three quarters of respondents to our consultation agreed. In our consultation paper, we set out our view that the Electoral Commission, the independent body responsible for overseeing referendums in the UK, should be responsible for this referendum. That is the same position as for any other referendum.
The UK Government’s position was supported by 86% of respondents. Indeed, that was a point that the Scottish Government accepted fairly quickly. They moved from their initial proposal to establish a separate Scottish body to oversee the poll to a position of accepting that the Electoral Commission was the right body to oversee the referendum.
We also sought views on timing and on the franchise. On timing, we sought views on when the referendum should be held. Many people supported our view that it should be held sooner rather than later. Indeed, the order before us today provides an end date for the referendum, but it does not prevent it from being held sooner. It will be for the Scottish Government and the Scottish Parliament to set the referendum date.
On the franchise, we asked for views on who should be entitled to vote in the referendum.
Andy Sawford (Corby) (Lab/Co-op)
Will the right hon. Gentleman tell us whether there are any provisions in the Bill to take account of the views of the many Scottish people who live in other countries—especially the Scottish population in Corby, who are absolutely convinced that we are stronger and better together? Will he take account of their views?
Michael Moore
It is important that people in all parts of the United Kingdom make it clear to all of us living in Scotland that they value the Union and the United Kingdom. I respect the fact that there is a strong and rich diaspora of Scots all over the United Kingdom and, indeed, all over the world. Having looked carefully at the options for the franchise, we took a straightforward decision—we agreed wholeheartedly with the Scottish Government’s view on this—that the same franchise should apply to the referendum as applied to the Scottish Parliament elections that gave the Scottish National party its mandate in that Parliament. That keeps it simple, straightforward and fair, and that is the basis on which we will proceed.
Mike Freer (Finchley and Golders Green) (Con)
Does my right hon. Friend not agree that it is an anomaly that a Frenchman living in Edinburgh can vote on Scottish independence when a Scot living in London cannot do so?
Michael Moore
I think that that is a reasonably easily understood anomaly. The French person, the EU national, who has made a commitment to living in Scotland is entitled to vote in a referendum there, just as they would be in the Scottish parliamentary elections. It is important that we show consistency on that front. I accept, however, that there is a range of opinion on this matter, and my hon. Friend has made his own point clearly.
On the issue of 16 and 17-year-olds participating in the referendum, respondents to our consultation were divided. I will return to that issue later.
Mr Frank Roy (Motherwell and Wishaw) (Lab)
Will the Secretary of State confirm that, if this order goes to the Scottish Parliament and if that Parliament agrees to allow 16 and 17-year-olds to vote in the referendum, the matter will no longer need to come back to this House or to the other place?
Michael Moore
The hon. Gentleman highlights an important point. He is right to suggest that, if this House and the other place agree this order and it is passed, that will transfer responsibility for the referendum totally to the Scottish Parliament.
Following the respective consultations, a period of discussions between Scotland’s two Governments led to the signing of the Edinburgh agreement on 15 October. I will return to the other important elements of that agreement shortly, but first I want to deal with the order itself.
The order is made under section 30(2) and (4) of the Scotland Act 1998. It inserts a new paragraph 5A into part 1 of schedule 5 to the Act. Part 1 provides, among other things, that the Union of the kingdoms of Scotland and England is reserved to the UK Parliament. New paragraph 5A will ensure that the reservation does not apply to a referendum on independence, provided that the referendum meets the requirements set out. Those requirements are for a single-question referendum, on the subject of independence, to be held before the end of 2014, and without any other referendum provided for by an Act of the Scottish Parliament being held on the same day.
The order also makes provision in respect of public referendum broadcasts and free mailshots, which would otherwise be outside the legislative competence of the Scottish Parliament. Under the Political Parties, Elections and Referendums Act 2000—PPERA, as we know it —referendum campaign broadcasts can be made only by or on behalf of a designated campaign organisation. The order applies that provision of PPERA to an independence referendum. That means that the restriction in PPERA on who can make referendum campaign broadcasts can apply to the independence referendum.
The agreement in 2006 between the Secretary of State for Culture, Media and Sport and the BBC requires the BBC to broadcast referendum campaign broadcasts, as defined by PPERA. The provisions of the order mean that the BBC will have the same obligations and responsibilities in respect of independence referendum campaign broadcasts as it would have in respect of any PPERA referendum broadcasts. Under PPERA, each designated campaign organisation can send a mailshot to every elector or household without being required to pay the postage costs. That service is provided by Royal Mail and the costs are recovered from the Consolidated Fund. The order applies those provisions in PPERA to an independence referendum. It specifically provides that the cost to the Royal Mail of providing the service will be recovered from Scottish Ministers.
The section 30 order that we are debating today will enable the Scottish Parliament to legislate for a legal referendum. The Scottish Parliament has already considered the order and approved it unanimously. If the order is approved by both Houses of this Parliament, it will enable the Scottish Government to introduce a referendum Bill setting out the wording of the question, the date of the referendum and the rules of the campaign for the Scottish Parliament to consider. This devolution of power will ensure that the details of the referendum process itself are made in Scotland, in the Scottish Parliament. That is a principle of great importance to the devolution settlement. Furthermore, the approach here respects another key feature of devolution—namely, that once a matter is passed to the Scottish Parliament, it is for that Parliament to determine the details of the legislation that follows.
However, our agreement does not just make the referendum legal and respect the devolution settlement. It also sets out the conditions that are necessary and that have been agreed between the UK and Scottish Governments for the referendum to be fair and decisive. In this context, it is important to consider the memorandum of agreement alongside the order. The agreement is a statement of political intent by Scotland’s two Governments. It commits us jointly to an approach to, and the delivery of, the independence referendum which will ensure that the proceedings are fair and that the outcome is decisive. With permission, Mr Speaker, I will therefore briefly describe that broader agreement.
At the heart of any fair referendum must lie a set of rules and processes that have the support of both sets of protagonists. For the outcome to be legitimate, both sides of the argument must have faith in all aspects of the referendum. That is particularly true when we are considering the future of our nation. The agreement therefore sets out the commitment of both Governments to the normal rules and procedures that govern referendums in the UK, as contained in PPERA. A core part of the PPERA process is the central role of the Electoral Commission. The two Governments have agreed that the Electoral Commission must review the proposed referendum question, and that its report will be laid before the Scottish Parliament. That process is under way. Since PPERA came into force, there have been three referendums held under that legislation.
Jim McGovern (Dundee West) (Lab)
Does the Secretary of State agree that, if the Scottish Government were to disagree with the Electoral Commission on what form the question should take, that position would be open to a legal challenge?
Michael Moore
I think that there would be a price to pay for that. If the hon. Gentleman will be patient, I shall return to that issue shortly.
The three referendums held under the auspices of the Electoral Commission have been: the north-east regional assembly referendum in 2004; the referendum in Wales in 2011 on further devolution; and the referendum on the voting system for the UK Parliament, also held in 2011. In all three cases, the Electoral Commission reviewed the Government’s proposed question and provided its advice. The Government responded by revising the questions in line with that advice. Of course, in the past, some Members on the SNP Benches have referred to the wording of the proposed question for referendums on local council tax.
The Government made it clear when they brought forward the regulations to provide for those referendums that discussions were ongoing with the Electoral Commission on the wording of the question. Revised regulations were tabled on 8 January and the Electoral Commission has confirmed that it is content with the revised wording.
Under the terms of the Edinburgh agreement, it will be for the Scottish Government to respond to the advice of the Electoral Commission. The Scottish Government have committed to putting before the Scottish Parliament their response to the Electoral Commission’s recommendations. That means that the Scottish Government will be held to account by the public and Parliament alike for how they respond to that advice. All Opposition leaders in the Scottish Parliament have stated their intention to abide by the Electoral Commission’s judgment in this case. To do otherwise would be a significant step, for which there would be a political price.
As I have set out, both Governments recognise that the referendum process must be seen to be fair by both sides of the campaign. That applies across the process, but particularly to the financing of the campaign. As part of the Edinburgh agreement, the Scottish Government committed to consulting the two campaign organisations for their views before proposing spending limits for the referendum campaign to the Scottish Parliament.
The agreement ensures that the independent Electoral Commission will provide the Scottish Government with advice on the appropriate spending limits for the two campaigns and the parties. That is what has happened in previous referendums, such as the 2011 referendum in Wales on further powers for the Welsh Assembly. In that referendum, the Electoral Commission recommended that the spending limit for designated campaign organisations should be set by reference to the expenditure limits that apply to elections to the relevant legislature. In its response to both Governments’ consultation documents, the Electoral Commission provided its view that the model remains appropriate for the Scottish independence referendum. The Electoral Commission has met the parties represented in the Scottish Parliament to seek their views on the finance arrangements.
When the Scottish Government set out their final proposals for financing the referendum campaign in the referendum Bill, they must set themselves aside from their own campaigning interests and recognise that their approach is being watched by all of Scotland, and indeed by the international community. That is a point that the Deputy First Minister recognised when she rightly said that the poll must satisfy the highest international standards. All people must believe that there is a fair process and, therefore, a fair result.
Both Governments agree that the basis for the franchise will be that for the Scottish Parliament elections—that is, those UK or EU citizens who are resident in Scotland. That is set out in the Edinburgh agreement. In addition, the Scottish Government propose to give 16 and 17-year-olds the right to vote. I recognise and respect that there are differing views on that issue in the House. My party, the Liberal Democrat party, supports the principle of 16 and 17-year-olds participating in all elections. Our coalition partners do not, however. Views on both sides of the argument can be found on both sides of the Chamber.
In devolving the power to hold the referendum, however, we respect that this is a matter that should be debated and determined by the Scottish Parliament. Indeed, where the Scottish Government and Parliament have the power to hold referendums and elections already, they have chosen to allow some 16 and 17-year-olds to vote. However, the Scottish Parliament’s decision with respect to health board and crofting commission elections in Scotland has set no precedent for any elections for which the UK Government are responsible. I fully expect that the Scottish Government’s proposals will be debated robustly in the Scottish Parliament. However, let me be clear that it will be for the Scottish Government to make the case for this proposal in the Scottish Parliament and to deal with the issues that arise. Let me be equally clear that any decision taken by the Scottish Parliament for the referendum will not affect the voting age for parliamentary and local government elections in the United Kingdom. That remains the responsibility of this Parliament alone to determine.
Mr Michael McCann (East Kilbride, Strathaven and Lesmahagow) (Lab)
Have there been any practical discussions between the UK Government and the Scottish Government about the ability to implement this measure ahead of the referendum, given that there has been much talk of the inability to do so because of the state of the electoral register?
Michael Moore
That issue was discussed during the negotiations leading up to the Edinburgh agreement. However, as we made plain in the agreement and as I have repeated this afternoon, as we are devolving that power, it is for the Scottish Government to bring forward their proposals. That will require legislation and that legislation will be properly scrutinised by all of us and, in particular, by MSPs. That process is yet to get under way.
Jim McGovern
When I have visited schools in Dundee recently, it has been pointed out to me that it would be ridiculous if 16 and 17-year-olds were allowed to vote on the future of the country, but could not buy a packet of sparklers on Guy Fawkes night.
Michael Moore
That is a classic example of the debate that rages over whether 16 and 17-year-olds should vote in elections. I take it from that intervention that the hon. Gentleman is not a supporter. However, this is a matter for the Scottish Parliament.
Fiona O'Donnell (East Lothian) (Lab)
I thank the Secretary of State for giving way; he is being very generous. We, as campaigners, will be contacting minors to seek their views and discuss the issues. Has he had any discussions with the Scottish Government about the rules and regulations that will apply to parties engaging with people who are not yet adults?
Michael Moore
The hon. Lady hits on an important, sensitive and practical point that must be considered carefully in any legislation on this issue that is introduced in the Scottish Parliament. Until the legislation is published and people can consider its detail, her point cannot be properly examined. I am confident that the Scottish Government are alert to that issue and it is incumbent on them to bring forward appropriate proposals with the necessary safeguards.
Mrs Eleanor Laing (Epping Forest) (Con)
Does my right hon. Friend agree that although the whole House agrees that the Scottish Parliament should make the decisions about the conduct of the referendum, matters such as the franchise ought also to be discussed fully in this House, as we are doing now and will do for some considerable time today, because the outcome of the referendum affects not only Scotland, but the whole United Kingdom?
Michael Moore
My hon. Friend has made two important and linked points. On the first issue, nobody is suggesting for a minute that people in this House cannot offer an opinion about whether it is right or wrong for 16 and 17-year-olds to vote. She is right that this afternoon is a good opportunity for people to make the case one way or the other. On the second point, she is also right that what happens in Scotland affects the whole United Kingdom. A huge amount is at stake in this big debate. Although people south of the border will not vote in the referendum, it is important that their views are included in the public debate. I am sure that they will be.
Before I took the interventions, I made the point that when 16 and 17-year-olds have been allowed to vote in admittedly smaller elections in Scotland, it has had no ramifications for the decisions that are made in this place, and neither will this decision. However, the debate on the rights and wrongs of 16 and 17-year-olds voting will remain live in politics and I see no worry about that.
Pamela Nash (Airdrie and Shotts) (Lab)
I thank the Secretary of State for giving way yet again. Before we move on from the franchise, will he advise the House whether there has been any progress in the talks on allowing members of the Scottish armed forces who are, through no fault of their own, serving elsewhere in the UK or around the world to vote in the referendum?
Michael Moore
I pay tribute to the hon. Lady, who has made that point strongly not only on the Scottish Affairs Committee, but in other debates. I recognise that it is a sensitive issue. We must ensure that, as would be the case in any other referendum or election, those in the armed forces who have a connection to Scotland are aware of what it will take for them to vote in the referendum. There is a range of complexities in that, but the Scottish Government are aware of the issue and understand it. When they publish the legislation, there will be plenty of time for people in the Scottish Parliament, and those of us here who take an interest in the matter, to offer their views on the details.
Mr Frank Roy
May I point out to the Secretary of State that it is not only members of the armed forces who will be affected, but their wives and husbands? For example, people who are based in Catterick may have been moved there from Motherwell.
Michael Moore
The hon. Gentleman makes a valid point that reinforces the views of his colleagues, and I recognise that this matter is important to Members on all sides of the House. It will now be an issue for the Scottish Parliament to consider, and I am confident that in the political debate across Scotland the role of the armed forces and voting will be properly considered.
Sir Menzies Campbell (North East Fife) (LD)
The exchanges of the last moment or two have raised a broader question. Once responsibilities are handed to the Scottish Parliament, what will be the role of this place in monitoring the issue and ensuring—so far as we can—that the objectives of fairness and decisiveness are properly maintained?
Michael Moore
My right hon. and learned Friend highlights an important issue and principle. In the order and the political agreement that sits alongside it, we set out what we believe should happen when the referendum process is resolved in the Scottish Parliament. As I said earlier, we are observing and honouring the principles of devolution so that when a matter is devolved from this place to the Scottish Parliament, it becomes that Parliament’s responsibility, including all the details and everything that goes with it. We are not, however, disfranchised from the political debate. Plenty of MSPs offered views on this process long before it went anywhere near the Scottish Parliament, and I am confident that lots of MPs will contribute to the debate long after it has left this place, and, if it is passed, the other place as well.
Fiona O'Donnell
Will the Secretary of State confirm whether, as well as actively encouraging members of the armed forces from Scotland to register to vote, people will be encouraged to register their sons and daughters who are 16 and 17 years old? This issue will affect their lives as well.
Michael Moore
The hon. Lady adds to the points made by her hon. Friends. I am confident that all these issues will be debated in the Scottish Parliament, and I encourage her, and others, to make such representations directly. We are not stymied in this debate simply because we have passed the legal process—assuming that we do; I do not wish to take the House for granted in that respect.
Michael Moore
The hon. Gentleman asks me to give views on the role of the SNP, but I am confident that, if they catch your eye, Mr Speaker, SNP Members will have an opportunity to contribute to the debate and set out their own views a little later.
Jim Sheridan
May I probe the Secretary of State on the timing of the referendum? He may recall the separatist slogan, “Scotland free by 2003”, yet when it gets the chance in 2012, the SNP says that it is not ready until 2014. Has he picked up any rationale for why that is the case, or is it just the general public view that they are just big fearties?
Michael Moore
I am sure we can offer Hansard the appropriate assistance should it be sought. This is a point on which I agree with the hon. Gentleman. It is slightly curious that after 80 years of existence—give or take—the Scottish National party is not rushing to get this over and done with straightaway. One would have thought it would want to do it as quickly as possible, and it would certainly be in Scotland’s best interest to resolve the issue as quickly as possible. However, it will be a matter for the Scottish Government and then the Scottish Parliament to consider.
Michael Moore
I did say finally, but I must give way to the former shadow Secretary of State.
Ann McKechin
I understand there is some suggestion that the Committees in the Scottish Parliament that will deal with the Bills on both the franchise and the referendum will be subject to a truncated timetable programme. Has the Secretary of State had any discussions with the Scottish Government about that? Given the importance of the referendum for our whole country, does he agree it is important that the Scottish Parliament’s Committees have appropriate time to consider the issues in great detail and ensure they are satisfactorily answered?
Michael Moore
The hon. Lady makes an important point. I do not believe it is appropriate for us to discuss that directly with the Scottish Government; it is for the Scottish Parliament to decide how it determines its own business. Former Members of that Parliament who are in this House today may wish to pick up on the hon. Lady’s point. I absolutely agree, however, with her central point that we should consider the issue properly and seriously. Symbolically, we are taking longer than we would normally to consider a statutory instrument because of the significance of the order. People would look askance if parliamentary processes elsewhere were cut short in the course of the debate, but the issue is for the Scottish Parliament to determine. We all have colleagues in that Parliament who, I am sure, will make the hon. Lady’s point very vigorously.
Let me turn to one issue that has attracted some comment, particularly from the Scottish Government. The concluding paragraph of the Edinburgh agreement contains a commitment by both Governments to hold a referendum that is legal, fair and decisive. There have been some creative interpretations of this paragraph in recent times, and I want to take the opportunity to restate its clear and obvious meaning.
Paragraph 30 reads:
“The United Kingdom and Scottish Governments are committed, through the Memorandum of Understanding between them and others, to working together on matters of mutual interest and to the principles of good communication and mutual respect. The two Governments have reached this agreement in that spirit. They look forward to a referendum that is legal and fair producing a decisive and respected outcome. The two Governments are committed to continue to work together constructively in the light of the outcome, whatever it is, in the best interests of the people of Scotland and of the rest of the United Kingdom.”
That means that the two Governments will conduct the referendum on the same constructive terms as they work today, and that if the referendum follows the path set out in the order and agreement, its outcome will be decisive. Regardless of the result, that constructive relationship should continue as we move forward. That is good practice and common sense. It does not mean, however, that in the event of a yes vote, the remaining UK would facilitate Scotland’s every wish—no more than an independent Scotland would unquestioningly facilitate the wishes of the remaining UK. Inevitably, when there are two separate countries, there are two sets of interests—sometimes mutual, sometimes at odds. That is the case in the UK’s relationships with its closest allies today, and we honour that principle, and so it always will be between separate, sovereign states.
The Edinburgh agreement, particularly paragraph 30, is a statement of our determination to hold a referendum that is legal, fair and decisive. It does not—and cannot—pre-empt the implications of that vote, and it is important that everyone is clear about that.
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
The Secretary of State talks about what might happen if the result of the referendum is yes. Whose interests will he be representing post the yes vote?
Michael Moore
I am absolutely confident that Scotland will vote to stay in the United Kingdom. I am committed to doing what is in the best interests of Scotland, regardless of the outcome, as I said on the radio yesterday morning.
Scotland’s future within the UK will be the most important decision that we as Scots take in our lifetime. Facilitating a legal, fair and decisive referendum is critical. That is why we consulted on this issue, why both Governments have spent many hours discussing and negotiating the process, and why we seek the support of the House today to approve this order.
Debating this order in the House today marks an important step as we move from discussions on process to the substance of the great debate. It is now essential that the referendum decision is focused on determining whether Scotland chooses to remain an integral part of the most successful partnership of nations the world has ever seen; to remain part of a family of nations that works in the interests of all; or whether it wishes to leave and go it alone. That decision should not be taken lightly; it should be taken after examining all the facts.
Lindsay Roy (Glenrothes) (Lab)
Does the Secretary of State think it fair that the Scottish Government can be both the referee and a player in a referendum?
Michael Moore
The hon. Gentleman and his fellow Committee members have written important reports on this subject and highlighted the dangers in the process. As I made clear in my earlier remarks—and this, I think, is the tenor of the contributions we may anticipate this afternoon—the Scottish Government will act in setting the rules and pushing them through Parliament on behalf of all Scots and both sides of the argument. It is important that they do so in a way that is not fair to one side and unfair to the other.
I strongly believe that, with the support of colleagues across the House, across Scotland and across the whole of the United Kingdom, fellow Scots will join me in the autumn of 2014 in choosing to remain part of the United Kingdom. We are indeed better together. In the meantime, I commend the order to the House.