Scotland Bill Debate

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Department: Scotland Office
Tuesday 15th March 2011

(13 years, 7 months ago)

Commons Chamber
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Brian H. Donohoe Portrait Mr Donohoe
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The Minister has made my point very well in relation to making savings, which is the next point that I want to make progress on, if I may.

Mike Weir Portrait Mr Mike Weir (Angus) (SNP)
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Will the hon. Gentleman give way?

Brian H. Donohoe Portrait Mr Donohoe
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Of course I give way to the hon. Gentleman.

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Mike Weir Portrait Mr Weir
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Will the hon. Gentleman clarify whether he is talking about Westminster Parliament constituencies or Scottish Parliament constituencies, because the numbers are different? There are 59 Scottish Parliament constituencies, but once the Parliamentary Voting System and Constituencies Bill has been passed there will be only 52 Scottish constituencies for the Westminster Parliament.

Brian H. Donohoe Portrait Mr Donohoe
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That is common sense, if I may say so. When I made the calculation to put together my submission to Calman, we did not have this nonsense of reducing the number of MPs in this place. That idea is patently stupid in Scotland. The hon. Member for Caithness, Sutherland and Easter Ross (John Thurso), who is present, will know that the area he represents will become even more enormous under these calculations than it is. Perhaps the Independent Parliamentary Standards Authority should visit him to check out what his expenses should be in those circumstances. However, I digress somewhat.

I shall return to the issue of savings and first past the post. It is clear from this debate that there is a case to be made for this idea. It is clear from the number of public representatives on the London assembly that there can be adequate government for a population double the size of Scotland’s with some 30 members. Given the responsibilities in London, one would presume that it was possible to run the Scottish Government with the numbers that I propose.

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Alan Reid Portrait Mr Reid
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If the SNP wants to call itself Alex Salmond for First Minister, it is perfectly entitled to do so. What it cannot do is confuse the electorate by having two names. One minute it is called the Scottish National party; the next minute it is called Alex Salmond for First Minister. If only SNP members would make up their minds on what they want their party to be called.

Mike Weir Portrait Mr Weir
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What the hon. Gentleman is saying is very interesting. I seem to recall that his party registered the name “Ming Campbell’s Liberal Democrats”, but, surprisingly, did not use it at the general election.

Alan Reid Portrait Mr Reid
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I think that the law was changed.

I understand that the hon. Member for Central Ayrshire chairs the all-party parliamentary group for the promotion of first past the post. He has continually extolled the virtues of the first-past-the-post system, but that is not my understanding of what his new clause actually means. I think that it would be more accurately described as promoting “first two past the post”.

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Pete Wishart Portrait Pete Wishart
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The point was well made. The voting mechanism was not designed by the SNP, but we still won, which was remarkable. We hear Labour Members of Parliament down here disparage and knock the current arrangements. Those are their arrangements. When the Liberals were arguing in the Scottish Constitutional Convention—hon. Members may correct me if I am wrong—they would probably have been arguing for STV. That would be the preferred option. AMS was Labour’s system, which the Liberals agreed with in order to ensure proportionality. For Labour Members to make such a fuss about AMS now is a bit rich, given that it is their system. Our preferred system, if the hon. Lady wants to know, is full single transferable vote. That is what we want for Scotland.

Mike Weir Portrait Mr Weir
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Does my hon. Friend notice a pattern? I understand that the Labour Front-Bench team is in favour of AV for this place, but many Labour Back Benchers are not.

Pete Wishart Portrait Pete Wishart
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I am sure that Mr Hoyle would not allow me to be tempted into discussing AV, but the mess that Labour Members get into when dealing with voting arrangements dumbfounds me. They seem to be for and against AV, just as they seem to be for and against proportionality in the Scottish Parliament. They are split from top to bottom on both issues, and they will be found out when they are questioned on the subject in the next few weeks.

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Ian Davidson Portrait Mr Davidson
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Let me come on to that. At the moment, I am identifying particular difficulties. My hon. Friend perhaps misunderstands my point about the allegiance of people on the list. He is absolutely right that, certainly in the Labour party, it is the membership who determine someone’s place on the list. However, it is often the party hierarchy who determine whether that person enters the ballot to decide whether they are placed on the list, so it is about how that is handled. Increasingly, party managers have had a tendency to try to control who is on that list.

Mike Weir Portrait Mr Weir
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I am interested in what the hon. Gentleman is saying. Will he clarify how someone in the Labour party can get to the stage of being able to stand for any seat whatsoever? Surely he would have to be approved by the party in some way before he is allowed to go forward for a seat. I am struggling to see the difference.

Ian Davidson Portrait Mr Davidson
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The hon. Gentleman is obviously struggling to see the difference because he is unaware of the extent to which the Labour party’s internal democratic mechanisms are a wonder to behold. I do not necessarily see why I should share in private grief.

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Ian Davidson Portrait Mr Davidson
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I accept that decision, although I regret it because this is an important point. Its relevance is that, if there were a vacancy in the Scottish Parliament, under the existing system there would be a by-election, as in Barnsley, if it was a first-past-the-post seat, but not one if it was a list seat. The electorate in a constituency that I will not name had a way of telling the country what they thought of the Liberals. I think that that was important. We are much better and wiser for knowing that. I will not say the position in which the Liberals came, and I will not say what would have happened if the Democratic Unionist party, the Scottish National party or the Welsh nationalists had stood. [Interruption.] They would have come ninth if they were lucky, and that is assuming that the Social Democratic and Labour party did not stand. I understand that they might well have been beaten by the 1st Barnsley Girl Guides and the Bonzo Dog Doo-Dah Band had their candidates stood, but I must move on. The point is that by-elections allow people to express a view as progress is made throughout the term of a Government. The existing system does not allow that.

It is important in a democracy that the electorate can get rid of people. I have a list here of people whom I would quite like to get rid of. However, it will be impossible to get rid of Nicola Sturgeon, for example, at the forthcoming election. She is standing in her constituency as the first-past-the-post candidate and she is at the top of the SNP list. Unless the party gets no votes at all, she will be returned. She does not need to turn up, because she is going to be elected. That seems fundamentally unfair and unreasonable.

Mike Weir Portrait Mr Weir
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On that basis, will the hon. Gentleman call on Sarah Boyack in Edinburgh Central or David Stewart in Inverness and Nairn to stand down, because they are in exactly the same position?

Ian Davidson Portrait Mr Davidson
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I am perfectly happy to say that I want the system to change so that no party can do that. The hon. Gentleman’s question is a bit like asking somebody whether they are in favour of electricity being privatised, and if they say no, asking why they do not use candles. We operate in the world that exists. Although one might not have wanted a change to happen, one must accommodate the new position once it has. It is therefore perfectly reasonable for Labour candidates to stand in whichever way is appropriate. That does not stop us saying that the system ought to be changed.

The question is whether the solution that is proposed is right. It has some merits, such as establishing a clear link between individual voters and the people who are elected in their constituency. I have some reservations about having two Members per constituency. I can see how that proposal has come forward for administrative convenience. I can see the merit of splitting each Westminster constituency either north to south or east to west, so that each person is represented by only one MSP and one MP.

I can also see the merit—I am disappointed that this has not come up before—of seeking gender balance, by having two votes for each Westminster constituency, with one for a man and one for a woman. The Scottish Parliament lacks the gender balance that is desirable. In the first selection of candidates for the Scottish Parliament, the Labour party chose to twin the first-past-the-post constituencies so that one man and one woman would be selected. In the list, men and women were put alternately. With individual reselections and so on, that practice has lapsed a bit. However, I think that we were the only party to do something like that. The lack of women representatives in the other parties is a major deficiency. Changing the system would be advantageous in that regard.

My hon. Friend the Member for Central Ayrshire (Mr Donohoe) mentioned voter confusion. The system of having two Members per constituency, however they were provided, would avoid the situation of 25 or 28 MSPs turning up to meet the health board. That is an absurdity. It is grossly inefficient and simply serves to muddy the waters. We should therefore consider changes and a better way.

It is often argued that proportional representation encourages more people to vote. In fact, the UK voting system that is most proportional is for elections to the European Parliament, which have the lowest turnout. The next most proportional is the local authority system, which has the second lowest turnout. Then come the Scottish elections, for which there is an element of first past the post, which have the second highest turnout. The highest turnout is for elections to Westminster, which are the least proportional, so there is a clear correlation between first past the post and electoral turnout.

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Michael Connarty Portrait Michael Connarty
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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.

Mike Weir Portrait Mr Weir
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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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David Mundell Portrait David Mundell
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I fully take on board what the hon. Gentleman says, and I praise his consistency on this issue, but others who have been critical of the regional list system now want to use it to save their political careers, and I regard that as hypocrisy.

Mike Weir Portrait Mr Weir
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I count six Labour MSPs now standing for the list who are currently first-past-the-post Members, which says something about their confidence in the result of the coming election.

David Mundell Portrait David Mundell
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As has been said, there has been a change from the view that Members should not stand on both the list and in constituencies to a position where that should be done when it is in someone’s self-interest.

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Thomas Docherty Portrait Thomas Docherty
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I am grateful for the hon. Gentleman’s question, which lets me clarify that this is purely about the franchise because the functions of Network Rail are already devolved to the Scottish Parliament. That is part of the absurdity of the situation. Scottish Ministers have responsibility for everything except, rightly, health and safety, because that needs to be regulated in a different way, and the franchise model itself. The funding, letting and monitoring of the franchise are carried out by the Scottish Parliament, but it does not set its own model. I look forward to the Minister’s well-chosen words of response to my case.

Mike Weir Portrait Mr Weir
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Much to my surprise, I support what the hon. Member for Dunfermline and West Fife (Thomas Docherty) has said. He made a good case, as it would be sensible to devolve this function to Scotland, although he ruined it a bit by making a totally unnecessary attack on the Scottish Government, who have supported the railway industry throughout Scotland and put a great deal of money into upgrading it and opening new lines and stations.

Frank Roy Portrait Mr Frank Roy (Motherwell and Wishaw) (Lab)
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Will the hon. Gentleman give way?

Mike Weir Portrait Mr Weir
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No, thank you.

The hon. Member for Dunfermline and West Fife talked about the Glasgow airport rail link. I would be interested to see whether that proposal appears in Labour’s manifesto with full details of how it is to be funded, and what Labour is going to cut in order to do so, given the cuts that are coming in the Scottish budget because of Labour’s economic mismanagement and the incompetence of the current UK Government.

Frank Roy Portrait Mr Roy
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Will the hon. Gentleman give way?

Mike Weir Portrait Mr Weir
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No, thank you.

Scotland has a good record on rail and will continue to invest in rail and build up the rail system. This proposal would give the Scottish Government the opportunity to get a different franchise arrangement should they wish to do so. It would be up to them to decide on the franchise, but it would provide flexibility. We support the new clause, notwithstanding the totally unnecessary attacks on the Scottish Government by the hon. Member for Dunfermline and West Fife.

Tom Greatrex Portrait Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
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I do not intend to detain the Committee because there are other new clauses we wish to debate.

The new clause deals with an issue that was probably neglected in the transfer of powers to the Scottish Parliament in relation to rail, and it is appropriate and sensible that we use the opportunity of this Bill to resolve that. On that basis, we intend to support it and assume, given that it is a sensible proposal on a technical issue, that the Government will not have too much of a problem with it.

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David Mundell Portrait David Mundell
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Indeed. As my hon. Friend will know, the coalition Government are committed to high-speed rail services throughout the United Kingdom. On Thursday, there will be an event in Glasgow, attended by a Transport Minister, about a consultation on the ongoing developments in high-speed rail. The first part of the high-speed rail service from London to Birmingham is vital for its further development into Scotland.

Mike Weir Portrait Mr Weir
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I am listening closely to the Minister, but I am slightly confused. He is talking about the development of high-speed rail, which will be very good if it comes to Scotland—we will see whether the Government ever get it there—but that service does not begin and end in Scotland, and neither do the Virgin or east coast services. I do not understand his point. The new clause refers to services that begin and end in Scotland—basically, the ScotRail franchise as it operates at the moment.

David Mundell Portrait David Mundell
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My point, which I am sure that the hon. Gentleman does not recognise for dogmatic reasons, is that there are important rail services in Scotland that cross the border, and that those services remain important.

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Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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I am sorry not to be able to support the new clause moved by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who is in many ways a walking advertisement for the Union. It would be a great loss to this Parliament if he were not here and were prevented from coming here by a division between our two great countries. I am deeply concerned about his new clause. It is partly creeping republicanism, partly an attack on property and partly a subsidy to Scotland from the poor, hard-done-by English taxpayer, who has had enough of this and wants a little bit of money to creep back south of the border from time to time.

Let me start with that sad day in March 1603, when our beloved sovereign of blessed memory, Elizabeth, died. When she died, James VI was hailed as James I of England, and we saw a mystical union of the Crowns: a mystical union that has remained true through not only world wars but civil wars, and has brought our people together. We have come together as peoples in the Crown, and as a result of a further development in the Act of Union 1707, we have come together as a Crown in Parliament. Anything that attacks the Crown, that undermines the Crown, is something about which we, representing one part of the Crown in Parliament—one part of the great system of government that we have—should always be careful.

Mike Weir Portrait Mr Weir
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The hon. Gentleman’s history lesson is very interesting, but I am not sure why he sees the new clause as an attack on the Crown. The Crown Estate’s money does not go to the Crown; it goes to the Treasury. It was signed over to the Treasury many years ago in exchange for the civil list. The new clause attacks not the Crown but the way in which the money is used, and is intended to secure a better deal for our coastal communities.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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I thank the hon. Gentleman for an extremely helpful intervention. It missed a key point. Indeed, the hon. Gentleman may wish his hon. Friend the Member for Na h-Eileanan an Iar to withdraw his new clause.

The Crown Estate’s income was not given away in perpetuity in exchange for the civil list; it is given reign by reign. That started in the time of George III, who was a bit hard up at the time. He needed the money. Parliament had, and of course still has, tax-raising powers. In exchange for the Crown Estate’s income, George III accepted the civil list. That continued during the reigns of George IV, William IV, Queen Victoria, Edward VII and George V, the brief reign of Edward VIII and the reign of George VI, and it continues during the reign of our present most glorious sovereign. However, it is not a permanent settlement.

Any step that undermines or changes the Crown Estate should be taken with the greatest caution. I hope that the day never comes, but if we were to have another sovereign, that sovereign would be entitled to claim the Crown Estate for himself. If we had introduced measures that took it away, we would have broken the bargain that was made in the reign of George III and has been renewed in subsequent reigns. We should be extremely wary of interfering with a system that has worked so well.

I also want to deal with the attack on property rights, which are the fundamental basis of a free society and the rule of law. I know that some hon. Members like me to dwell on history occasionally. We know that rights of property have been established in this country since 1189—

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Mike Weir Portrait Mr Weir
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I take it, then, that the hon. Gentleman’s friend would be terrified of taking the Eurostar to France.

Iain Stewart Portrait Iain Stewart
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The devolution of tax powers to Normandy or Brittany is slightly outwith the scope of this Bill, so I will not risk the ire of Mr Benton by going down that route.

If there were a different time zone and England were an hour behind Scotland, my friend could board the train in Glasgow before midnight and arrive in England before midnight, so goodness knows what tax status he would incur for that journey. We often hear of the Bermuda triangle, but I do not want to introduce a Beattock triangle.

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Thomas Docherty Portrait Thomas Docherty
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I think that the hon. Gentleman’s time is up.

Alternatively, my hon. Friend the Member for Dumfries and Galloway (Mr Brown) could leave his house, travel the 12 miles to Carlisle train station, and find that he is catching a train an hour earlier than he left his house. That is ludicrous.

Mike Weir Portrait Mr Weir
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I am puzzled by this obsession with train times. Does the hon. Gentleman recall that for many years Switzerland, in the centre of Europe, had a different time zone from all the countries round about, and had trains going through on both sides? They did not vanish into thin air—they went in one end and came out the other. There is no problem about measuring time; this is utter nonsense.

Thomas Docherty Portrait Thomas Docherty
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The hon. Gentleman takes me back to our debate on the railways. It might be helpful to certain Members to know that the railways are the reason we have a unified time zone across the United Kingdom. Up until the Victorian era, which certain Members clearly wish to drag us back to, there were different time zones in the west country, for example, from those in East Anglia. That was a ludicrous way to run a transport system, and that is why this is a mad idea from a fairly mad individual.

The other logistical issue touches on the point made earlier about Barnsley. In a general election, there could not be any exit polls or opening of ballot boxes until every area’s voting had closed at 10 o’clock. The people of Scotland would have voted from 7 am until 10 pm, according to their time, but in England it would have taken place from 6 am until 9 pm, so we would have to wait another hour before the opening of the ballot boxes, which brings us back to the debate about telling on the following day.

That goes to the heart of the fact that this is a nonsensical argument from a party that is trying to get independence. All SNP Members’ arguments about other countries arise from the fact that they cannot win the debate at the ballot box. They are going to be beaten in May harder than certain people were beaten in Barnsley last month, and this is another of their back-door efforts that should be rejected out of hand.