Legislation (Territorial Extent) Bill

Debate between Thomas Docherty and Iain Stewart

Friday 9th September 2011 Commons Chamber

[Iain Stewart]

I am grateful to my hon. Friend for making that point. It is important that we address these points when we are in relatively calm waters. There is not an impending crisis, so we can take some time to consider the matter carefully. I welcome the announcement yesterday of the commission. I await with interest the answers to the pertinent questions that my hon. Friend the Member for West Worcestershire asked about the composition, remit and time scale of that commission. It is right that it should take its time and examine carefully the complex issues that it will deal with, but I sound a slight warning note: that should not be an excuse to kick the issue into the long grass and so far into the future that it never reaches a conclusion. I would like to see a specific timetable showing when the commission will report and we can take matters forward because, as I say, doing nothing will stoke up big problems.

We have heard from several Labour Members their objections to the Bill and to other possible solutions to the West Lothian question, but we hear absolutely nothing about what their solution would be.

[Thomas Docherty]

I am very clear. I hope that what comes out of this is some proposal to put to the people. It is bizarre that the one proposal that has not been mentioned is to ask the people what they think. We should put in a referendum a proposal to them about how to resolve the issue. It has to be through some assembly, so that we do not deal through the back door with all the issues that I and the hon. Member for West Worcestershire (Harriett Baldwin) have been raising with the Minister.

[Iain Stewart]

I am rather puzzled by the hon. Gentleman’s comments. I am not clear whether he wants a separate referendum from an independence referendum or an English Parliament. Is that what he is suggesting?

[Thomas Docherty]

I am suggesting that there be a constitutional convention, as there was in Scotland, at the end of which a proposal is put to the people of England about the legislative system that they want.

[Iain Stewart]

It is an intriguing suggestion and I invite the hon. Gentleman to submit that idea to the commission. I am not sure whether he speaks for the Labour Front-Bench team on that proposal. Perhaps a promotion is in order, but my key point is that doing nothing is not an option and we have to address the issue. I agree that we should not create a separate class of Member in the House and start banning certain Members from debating or voting on specific measures. Whether a self-denying ordinance could apply is for individual Members to decide, but there is a workable solution, which I alluded to earlier. I call it a double majority, where we do not exclude any Member from voting on a particular measure, but where, if a measure applies only to one territorial part of the UK, it has to secure the support of a majority of Members from that area as well as of the House as a whole. That is a matter that should be explored further.

I will not speak any longer because I want to see the debate come to a timely conclusion, but I congratulate my hon. Friend the Member for West Worcestershire again. She has moved the debate forward substantially and I look forward to the Minister's comments in response to her questions.

Scotland Bill

Debate between Thomas Docherty and Iain Stewart

Tuesday 15th March 2011 Commons Chamber

[Thomas Docherty]

The issue at the moment is that Scottish Ministers must let the franchise according to a privatised railway model. As my hon. Friend knows, the Railways Act 2005 specifically bans a public body from acting as the franchise operator. The only exception to that is if that body is the operator of last resort, as is now the case with the east coast main line. The new clause would give Scottish Ministers the right not only to fund the railway, to let the franchise and to monitor its performance—all of which they have to do anyway—but to determine the shape of the model involved. This might well result in a privatised model like the one that we now have on the ScotRail franchise, or perhaps in a co-operative model. The Ministers might ask Transport Scotland to run the franchise, or set up a new company called Scottish Passenger Transport to do so.

The new clause provides a logical conclusion to the direction of travel—again, please pardon my poor pun—of the reconfiguration of the railways in Scotland. The reason that the proposal was not considered by the Calman commission is that it involves such a small technical change. Most Members of Parliament and MSPs were simply not aware that Scottish Ministers did not have this ability.

I look forward to hearing the Minister’s response to these points. It is possible, if his civil servants have not done a particularly good job of advising him, that he might claim that the measure would somehow bring the whole of Great Britain’s rail network crashing down. Obviously, that would be an absurd argument. The Department for Transport is already running the east coast main line as the operator of last resort, placing the line back in the public domain. I am talking about a service that is wholly contained within Scotland, and the measure would have no impact on any other service. It would have no impact on the CrossCountry service or on the east coast main line—or, indeed, on the west coast services. The only services that leave Scotland are the one that runs from the Minister’s constituency to Carlisle, on the Glasgow to Carlisle line, and the Caledonian sleeper, which runs between London and Fort William, Inverness, Edinburgh and Glasgow. That service would stay in the franchise. As I have said, this is a very technical new clause. It is supported by all the trade unions and by the Scottish Government, who see it as a logical way forward.

[Iain Stewart (Milton Keynes South) (Con)]

I am following the hon. Gentleman’s argument carefully. Does his new clause relate specifically to franchise matters and the operating side of the railways, or is he also seeking the devolution of some of the functions held by Network Rail?

[Thomas Docherty]

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.

--- Later in debate ---

[Iain Stewart]

Perhaps I can clarify my point. I understood that the hon. Gentleman’s argument was about devolving the whole of the ScotRail franchise, and I was simply trying to clarify what would happen to the one route that is within that franchise but is a cross-border service.

[Thomas Docherty]

Obviously that would be part of the ScotRail franchise and would carry on in that way.

The Minister’s argument is clearly ideological. He assumes that if the Scottish Parliament were given responsibility for the matter, it would automatically nationalise the railway. That is not the purpose of the new clause. It is about giving Scottish Ministers the power and authority to make that decision. His arguments are weak.