Scotland Bill

Debate between Lord Browne of Ladyton and Lord Maclennan of Rogart

Wednesday 28th March 2012 Lords Chamber

[Lord Maclennan of Rogart]

If the noble Lord does not get the response that he is seeking and he is right in divining that others are seeking, then he should not rely on his intuition about coalition around his point. I think he can have the assurance that a number of noble Lords on these Benches are of the same mind as he is.

[Lord Browne of Ladyton]

I am extremely grateful to the noble Lord for his contribution. I know where the key to success in a vote in this House lies: it is on those Benches. I am fortified in my resolve to try to improve this legislation.

The noble and learned Lord, Lord Wallace of Tankerness, will confirm that at all stages of this process I have endeavoured to be constructive and helpful. This provision has to be improved, although not necessarily directly in the way I have proposed. I am happy to be flexible but my suggestion passes my only test: it improves the ability of the Bill to contribute to the betterment of the Scottish people while, at the same time, strengthening the union. It gives us an argument that is owned across the union which we can deploy in the future.

I say to the noble Lord, Lord Lyell, that, as far as the amendment is concerned, this parrot is very much alive; this parrot is not no more and it is not deceased. It may not fly today, but it is very much alive.

I gave the Minister advice about Scottish football on a previous occasion. He scorned it, and he got himself into an argument in the House about Scottish football which he could have avoided. I give him this advice now: do not tempt the noble Lord, Lord Forsyth, to go away and come up with better criteria. I am almost certain that we will return to this issue at Third Reading. I beg leave to withdraw the amendment.

Scotland Bill

Debate between Lord Browne of Ladyton and Lord Maclennan of Rogart

Wednesday 21st March 2012 Lords Chamber

[Lord Maclennan of Rogart]

My Lords, I would like to say how much I sympathise and agree with the speech of the noble Baroness, Lady Taylor. In the world in which we live, where there is great mobility, residence is not a true test of connection. It is much the easiest way to determine the outcome of a referendum but it is not necessarily going to reflect the views of those who care for Scotland and sense that they belong to it. In my former constituency, Caithness and Sutherland, because there is not a substantial amount of employment in the area, many local people go all over the world to use the skills that they cannot exercise in Scotland. But there is no doubt that they go back when they have completed their jobs, and if they have earned a lot of money, they go back earlier. That is a quite a common occurrence.

I could also talk about my siblings, all of whom feel very strongly that they are Scottish, but for various reasons work in different places. My younger brother works in Glasgow and clearly would be entitled to a vote. My middle brother works all around Britain but returns to Scotland whenever he is free to take a holiday. My sister has worked in Scotland, but she is widowed and now spends part of the time on her own in Greece. However, she still identifies herself strongly with Scotland.

What we are looking for is a referendum that actually reflects the views of those who consider themselves to be Scottish, but it is a difficult issue. I do not think we want just to snap up the easiest decision. I commend the suggestions made by the noble Baroness, Lady Taylor, and my noble friend Lord Selsdon for some clever consideration. If this is left to the Electoral Commission, I hope that it will not simply take the easy way out.

[Lord Browne of Ladyton]

My Lords, I have already had my say on the issue of different referendums quite extensively and there are only two aspects of our debate on these amendments that I have not expressed a view on, so I shall concentrate my remarks on them. First, I turn to the role of the Electoral Commission. A number of possible roles for the Electoral Commission are reflected in the amendments that have been proposed by noble Lords. It seems to me that the role of the Electoral Commission in relation to referendums is now settled. We had two referendums in 2011 and the Electoral Commission played a role in respect of them both which your Lordships’ House seemed well satisfied with. I have heard no criticism of its role in terms of supervision.

It played a specific role in testing what has become known as the intelligibility of any proposed referendum question in relation to both of the 2011 referendums. I understand that the commission indicated in its response to the Government’s consultation that it does not have the legal power to play that role in relation to the proposed referendum on Scottish independence and it has asked the Government to consider, as indeed have other consultees, using this Bill to give it that power so that it can get on with testing the intelligibility of the proposed questions. Of course, it could take all the questions that have been proposed in amendments and test their intelligibility on Scottish voters, focus groups and others. The commission is willing to do that job and I think that the Government should consider amending the Bill on Report to give it that power.

Otherwise, much as the proposals in the amendments before us are attractive and beguiling, I think that we should ask the Electoral Commission to play exactly the same role it has played in previous referendums, particularly the two which were conducted under legislation passed in this House and in the other place for the referendums held in 2011. There was endless debate about its role and agreement was reached before it set off on its work.

I say this for a very good reason: if we want the process that determines how the referendum will be conducted to be seen as legal, fair and decisive—and we expect now that that will be either in the context of a Section 30 order and the preparation for it, or some other option should the Section 30 order not be consented to—we have to avoid creating special processes or, dare I say, a special franchise for the election. The arguments of those who construct emotional, historical or family reasons for everyone who has an interest in the future of Scotland to be included in a franchise are very interesting. If we were to be all-inclusive we could find a way of doing so, but that would leave us open to the accusation that we are creating a special franchise in order to influence the outcome.

If the referendum is to be seen as legal, fair and decisive we should look to a pre-existing franchise, which is what the consultation did. It referred to the two pre-existing franchises in Scotland—the one for the United Kingdom Parliament and the other for the Scottish Parliament and for Scottish local government—and asked for opinions on which of the two those who responded to the consultation preferred. I am content with either of them but I veer towards the one for the Scottish Parliament. However, we can have that debate in the future when we come to look at the matter in the context of a decision, rather than in the context of a proposal, which is where we are at present.

With all due respect to my noble friend Lady Taylor, I know of the difficulties we had not only in persuading members of the Armed Forces to register but in facilitating that registration so that they could vote. I have great sympathy for people, particularly those in the Armed Forces, who are ordered to be somewhere rather than making the choice and thus being denied the franchise. We ought to look more generally at that issue to see whether we can resolve it and make it easier for members of our Armed Forces to exercise their vote. However, I resist the temptation to do that for this particular exercise for the reason I have articulated.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Browne of Ladyton and Lord Maclennan of Rogart

Monday 13th December 2010 Lords Chamber

[Lord Maclennan of Rogart]

I would be interested to hear the views of the Electoral Commission on that. I do not regard myself as an expert on these matters but I doubt it is quite as easy as that, given that the timing for the Bill becoming law is decreasingly clear.

My final point may not carry so much weight but I believe that our 16 year-olds are increasingly very interested in politics, which is why I want to see a change in the voting age. However, I do not believe that in a few months’ time they are likely to be able to discriminate between different electoral systems when they have not been thinking about voting. It is highly improbable that even their teachers would be in a position to give them guidance on the virtues and merits of different electoral systems. We have heard arguments being put forward on the Benches opposite and conflicts between the noble Lord, Lord Campbell-Savours, the noble Lord, Lord Foulkes, and others about the merits of the supplementary vote as opposed to the alternative vote, or various kinds of alternative vote. Without prior discussion or only the most minimal educational input on this issue, it is extremely improbable that 16 year-olds would add greatly to the authority of the decision to be taken next May, if that is the date decided upon. Therefore, for the three reasons that I have given, I would prefer to see the system of voting change and for subsequent referenda to follow the electoral register.

[Lord Browne of Ladyton]

I would like to ask the noble Lord a very simple question. Can he tell your Lordships’ House which members of the public he thinks have been thinking about these issues with the necessary intensity to make the decision he has just proposed needs to be made?

[Lord Maclennan of Rogart]

A large number of people who have voted in previous elections feel that their vote did not count and that the relevant constituency remained dominated, come hell or high water, by the party which had been there for over a generation. I am bound to say that those people are likely to look at alternatives with a passion and concern not shared by a new voter, who may simply be mystified by what could appear to be a very academic debate. Consequently, I do not think that the noble Lord’s intervention has much substance.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Browne of Ladyton and Lord Maclennan of Rogart

Monday 13th December 2010 Lords Chamber

[Lord Browne of Ladyton]

My Lords, despite the lateness of the hour, I rise with some enthusiasm to support the amendment moved by my noble friend Lord Foulkes of Cumnock. I thought that he made a powerful case for why it is a mistake to have this referendum poll on the same date as the Scottish parliamentary elections. In doing so, he did not draw on nearly all the arguments that exist, as has been apparent from other contributions.

I am struck by the contribution of my noble friend Lord Campbell-Savours allied to the contribution of the noble Lord, Lord Hamilton. From the different perspectives of reform, I thought that they made complementary cases on why the Government should be persuaded to take more time over this process and to get it right. If we are to get a decision about the way in which we elect the House of Commons for a generation or more—or, indeed, for ever—it does not seem unreasonable to ask for time to think about the full implications of the decision that we are making and to test that even by discussion among parties or, as the noble Lord, Lord Campbell-Savours, suggests, among those who broadly favour reform. Furthermore, I thought that the analysis of my noble friend Lord Lipsey of the effect of the coalition’s proposal was deadly accurate.

I have been listening to debates in Committee on this issue and have been struck by the number of contributions supporting contemporaneous polls from people who, I have the sense, have not done much campaigning to encourage activists and electors to engage in polling. They may well have organised campaigns from the centre, but not out there in the streets as I have done time and again. It is challenging to try to encourage activists to go out with you often in quite inclement weather in Scotland, even at that time of the year, to knock on hundreds of doors, to spend hours and hours on doorsteps engaging with people and persuading them that they should come out during a particular window of opportunity. To ask people to do that and, at the same time, to support a campaign that involves them working with those whom they are campaigning against will be almost impossible. I know from the activists whom I have tried to engage and have worked with successfully on numerous occasions that that is a difficult thing to do. This should not be complicated any more than it needs to be.

I have already contributed to this debate and I do not propose to rehearse all the arguments that I made when the Committee considered this issue before, but I must say today that I have been reassured that not only did we win that argument—although we were unable to persuade the coalition Government to accept the consequences—but it seems that, subconsciously, we have persuaded more members of the coalition than we thought. For example, I heard the noble Lord, Lord Tyler, adopt exactly the argument that he opposed days ago and earlier today in his opposition to 16 and 17 year-olds having the vote. If he is not consciously aware that he has absorbed the argument, subconsciously his political acumen is telling him that there is something in it, because he repeated the argument.

Earlier, I suggested to the Committee that one reason why we should not have the Scottish Parliament elections and the referendum on the same day is that the London-centric media will dominate the debate and drown out the voices of Scottish politicians as they try to persuade people to engage with the issues that are important to them concerning who forms the Scottish Government for the next four years. I remember that argument being pooh-poohed, but I heard it repeated back to me today by the noble Lord, Lord Maclennan, as a justification for why we can be sanguine about the effect that having these elections on the same day will have on the 15 or 20 per cent of the vote, concentrated in London, who will not be part of a contemporaneous process. We are told that the London-centric media will be strong enough to counteract the differential turnout. Because I have done it myself, I admire the ability to use an argument that one opposes in a different set of circumstances for a different purpose. I do not admire the ability to use an argument that one opposes on a different occasion in the same set of circumstances. We seem to be persuading people much more than we thought on these Benches, from the results that we are having with the coalition.

However, I want to major on another point, which concerns respect. Having the referendum poll on the same day as elections to the Scottish Parliament shows a distinct lack of respect for the Scottish Parliament. The proposal has created in Scotland a unique coalition of opposition. That coalition of opposition was reflected in the views expressed and the vote cast in the Scottish Parliament itself. The Scottish Parliament, the electoral body that will have an election on the same day, has said to this Parliament, “Do not do this to us. Do not impose this dichotomy on our electorate on the same day and please do not do it against the background of the experience that we had in 2007, when a similar set of circumstances were created”.

I read that the Parliamentary Under-Secretary in the Scotland Office dealt with this argument in the House of Commons by saying that he had no response to that debate or that decision because not one argument was rehearsed in the Scottish Parliament debate that had not been rehearsed in the other place or in this Parliament and that therefore he did not need to take cognisance of it. That is disrespectful in the extreme and we in this place should be above that sort of argument.

I believe that the coalition is required to give Scottish parliamentarians, who have expressed their view in that way, an explanation as to why they are not listening to them. They particularly require to do that because this same coalition Government have just published a Bill that accepts a recommendation of the Calman commission that will give that Parliament the responsibility for organising its elections once that Bill becomes an Act. The Government have said, “In principle, we accept the argument that the Scottish Parliament should be a sovereign body in relation to the conduct of its own elections”. That is now printed in a Bill that they hope to persuade this House and the other place to support. At the same time, they are saying, “We will ride roughshod over your recent exercise—potentially—of that right by imposing on you a coincidence of polls that you say you do not want”. What is the coalition Government’s position?

[Lord Maclennan of Rogart]

I do not see any contradiction between giving the Scottish Parliament sovereignty over its own electoral matters and the right of this Parliament, which is sovereign over United Kingdom matters, to decide how referenda that apply throughout the United Kingdom should be decided. To abdicate that principle is not a matter of disrespect but a recognition of the principle of subsidiarity. That is deeply rooted in our constitutional understanding of devolution and membership of the European Union. We are entitled to take decisions in this Parliament that govern how this Parliament’s membership will be arrived at. We do not defer to Europe on that issue or to any regional or other body in this country on these matters.

[Lord Browne of Ladyton]

I am grateful to the noble Lord for his intervention because he sets the context for the argument that I am making. I am not making a legalistic argument. As he knows, I am well versed in the legal relationship between the devolved Parliament and the United Kingdom Parliament and was close to the process that delivered that settlement for the people of Scotland. I agree entirely with him in a legalistic sense but, if I understand his argument, he is now saying from the Liberal Democrat Benches that the Liberal Democrats’ attitude, or at least his attitude, to the Scottish Parliament is: “We have known the date of your election for four years, but we want that date. You can move”. If the implication of the noble Lord’s argument is accepted, that will at a stroke in Scotland undermine the only reason that we have heard articulated in this Chamber for why the coalition Government want to have the referendum on the same day as the Scottish Parliament election.

If I understand the noble Lord, he is saying, “We want to do these two votes on the same day to maximise the turnout, but if you are right”—and we have to accept that they are closer to this than we are—“that this will do a disservice to your election, feel free to move your election. Of course, we have known about the date of that election for four years, but the lack of respect that we have for you is such that you can move over and we will take your date, even if we don’t get your turnout”. That is not the argument that this House, this Parliament or, indeed, the coalition Government should be putting before the people of Scotland. The people of Scotland have spoken through their Parliament and said, “Please do not do this to us. Our electoral system and Parliament are important to us. Do not do this to us”. It seems to me, for all the reasons that have been rehearsed, that they create an argument that is in favour of the objective that the noble Lord wants to achieve. It does not seem to be unreasonable to ask the coalition Government to accede to that request.