The Union (Constitution Committee Report)

Viscount Stansgate Excerpts

Friday 20th January 2023 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, I and the whole House look forward to the maiden speech of the noble Lord, Lord Verdirame—I apologise for my pronunciation. Mind you, as the immediately preceding speaker, I can imagine how nervous he will be, so I say that he will feel a lot better once it is over. That will not make him feel any better.

I am pleased to take part in this debate even though I was not one of the members of the committee, although I wish I had been. It is a tremendously interesting committee that has had the opportunity to explore and probe some of the most profound issues at the heart of what is still our unwritten constitution, with all the benefits and drawbacks that being unwritten can bring. I congratulate my noble friend Lady Taylor on chairing the committee and on having introduced the debate today, and I congratulate the clerks and all the other members who have made it a very important and timely report.

Why do I say timely? After all, I agree with my noble friend that it is a great regret that reports take so long to be debated in this House. However, when it comes to timeliness, you have to admit that to have the debate on a Friday when Section 35 was triggered on the Monday is about as timely as you could possibly get. I know that today’s debate is not about the events of this week—the Gender Recognition Reform (Scotland) Bill and so on—but the fact is that the Bill was passed, and it opens up an aspect of the debate about the future of the union that was not there when the committee was undertaking its discussions, deliberations and report. As was said by the noble Lord, Lord Dunlop, and others, some issues are devolved and others are not. I am sure the current clash will be discussed in the courts, and I cannot predict what the outcome will be, but what does it tell us about the strength of the union and the basis of what it will be like over the next 25 years, given the way that it has evolved over the last 25?

The starting point for many of your Lordships is that we live in this unique union of four nations, which has developed over the centuries, and many would like to find a way to continue to do so. I ought to point out at this stage that I am one of those who hope that the union remains. In many families, people have relations all over the country and across borders. I do not know how many do but, in my own case, one of my grandmothers was born and bred in Scotland. For her entire life, she was identifiably Scottish to the end. My Dad, as a result, was half-Scottish and tremendously proud of his Scottish ancestry. It was a great privilege for him to be invited to address the Scottish Parliament in one of his pre-session moments of reflection. He was of course very concerned at the thought that Scotland would vote for independence, although that did not turn out to be the case.

Turning to the committee’s report, it is tremendously good analysis. It outlines the pressures that have built up over the years, including the financial crash, the information and technology revolution, the effects of climate change, the impact of Brexit—which is not by any means yet at an end—and the Covid pandemic and, of course, the new and emerging threats that we are now living through as a result of the invasion of Ukraine. It also draws wonderful parallels between constitutions and poetry and plumbing. I do find that a wonderful analogy.

The report has many excellent features and I have time to mention only two, which have almost been mentioned by others. First, there is the codification of the occasional practice whereby UK Ministers can and do appear before committees of devolved legislatures. That would be an excellent idea and it could be incorporated into the next edition of the Cabinet Manual, which we were discussing only a short time ago. The committee also calls for a new interparliamentary forum, which would bring Members of the legislatures of the UK Parliament and the devolved Parliaments together on an equal basis. That would also be an extremely good thing; the EU Bill coming towards us has been mentioned and that is a very good basis for it. Perhaps the Minister could tell the House whether there are, as I understand it, plans for such an initial meeting to take place in this House before very long.

I want to mention one thing very briefly, which was understandably not in the report: the consequences for the union if it were to be dissolved. I think of the international consequence for the UK. It just seems unthinkable that whatever remained—the rump—would be able, for example, to retain its seat on the Security Council as a permanent member. Although these wider considerations do not often play a part in our discussions, it would also be a tremendous loss of what we call soft power were we to find ourselves in that position.

My time is up but I commend the committee on its excellent report. Had I had longer to do so, I would have continued to commend it in further ways than I have been able to do.