Angus Brendan MacNeil
Main Page: Angus Brendan MacNeil (Independent - Na h-Eileanan an Iar)Department Debates - View all Angus Brendan MacNeil's debates with the Scotland Office
(13 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mrs McGuire
I could not agree more. I not only waited until the television report had nearly finished, but then went upstairs to listen to the result coming through on Radio 5, and then promptly fell asleep.
Mrs McGuire
Indeed, but I was delighted that when I awoke, what I at first thought was a dream was in fact reality—Labour had not only won that by-election but had won it with an increased majority and an increased percentage of the poll, and a member of the coalition parties had come further down. However, I see that I am taxing your patience a little, Ms Primarolo.
I want to highlight the Electoral Commission’s comments. I am a wee bit surprised by the attitude it has taken in not supporting overnight counts, and I feel it has based its assumptions on what happened in the last election, four years ago. It makes a good point in saying that returning officers should not be expected to conduct parallel counts for the first-past-the-post and regional lists, but it is a bit disappointing that it has not recognised that part of the culture of elections in this country, and in many others, is sitting and waiting for the overnight results to come in. That happens in American presidential elections and others.
Mrs McGuire
The hon. Lady makes a valid point. Like her, I do not want to overplay the excitement, in spite of our reflections on last Thursday night, because sometimes we can get carried away with that.
The continuity of the election process and the election day is important. The election day does not finish until there is a declaration of the count. It is also necessary to give people the confidence that when they put their vote in a ballot box, which is sealed, it is resealed at the close of play and transported immediately or as quickly as possible—if the two are not mutually exclusive—to the count. Part of our historic attitude to elections is the speed with which we can get the individual’s vote from the place in which it was cast to the place of the count.
We should recognise that, for the most part, we are not talking about transporting ballot boxes in the depth of winter. These elections are conducted in the spring. I have a constituency which, as some colleagues are no doubt fed up with my telling them, is the size of Luxembourg. I know that the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) has a constituency that extends far wider than that, but in the case of my constituency, we are talking of a distance of some 65 miles, and I have never heard of any difficulties in transporting the ballot boxes in reasonable time from outlying villages such as Tyndrum in the most northerly part of the constituency down to Stirling for the count.
Mr MacNeil
Although I am enjoying the marvellous nostalgia of election night, does the right hon. Lady see any role for electronic voting, which would give an instantaneous result?
Mrs McGuire
I am not into the Simon Cowell approach to voting. Some of our younger colleagues who entered the House at the last election might see that in the future, but I do not have as much confidence in voting by mobile phone as the hon. Gentleman may have. We must make it as easy and straightforward as possible for people in varying circumstances to cast their vote. That is why the extension of postal voting has been such a welcome addition.
We should consider seriously the way in which the House wants to see its elections and the count of those ballots conducted. I would be disappointed if we based all our analysis on the situation that arose four years ago. It was an unusual situation. There was a coincidence of circumstances which made the count difficult. If the Government are serious about achieving consensus on a major constitutional issue, I hope they will not just rely on the good will of electoral returning officers, but take account of the will of the House, which is, I hope, to count our ballots overnight for the Scottish Parliament elections.
Michael Connarty
It strikes me that all political parties are like Simon Cowell—they want the person they own to win whatever campaign they are involved in, so we have a vested interest, although I would not go as far as the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) might go.
My right hon. Friend the Member for Stirling (Mrs McGuire) was right about the myths regarding the errors of 2007, as if it was all down to the ineptitude of the Scotland Office at the time, or of the returning officers. It is clear that the complication in 2007 was the counting of two ballots for two different purposes on two different mandates, combined with the construction of a ballot paper that did not make sense to the elector and clearly, in the count that I watched at great length until I retired to bed at about 4 am, was not fully understood by the returning officer in my area.
Mr MacNeil
To be clear, by electronic voting I do not mean the Simon Cowell, light entertainment version, but the serious version used in many countries around the world.
Michael Connarty
I know a little about that, as my son lives in Australia, which has a totally electronically registered electorate who all must register and vote. He travels a great deal all over Australia with his job and finds absolutely no difficulty in voting, because he can pop into any electoral office in any town at any time up to three weeks before a ballot and cast his vote for the area in which he lives, so it is a very sensible system. It is surprising that we have not caught up with the technology. It would certainly be a great advantage if we did, as that might engage people much more in the ballot.
The idea that we had a problem because we counted overnight is wrong. Although those of us who soldiered on might not have been quite as excited by the process as my hon. Friend the hon. Member for Glasgow South West (Mr Davidson), it was clear to us that the muddle was created by there being two ballot papers. The other question relates to the training of returning officers, because I do not think that the returning officer I watched was competent enough to deal with the ballot, and some crazy errors occurred. For example, he did not tell a candidate who had lost in a council election going on at the same time that he had lost by one vote. The candidate did not discover that until the next day and so was not allowed a recount. Whether that was the result of incompetence, or just the fact that the returning officer was so fatigued that he wanted to get home to his bed and not have another recount in that crazy system running parallel to the Scottish election is another problem.
The hon. Member for Perth and North Perthshire (Pete Wishart) seemed to argue that at whichever level an election takes place—Scottish Parliament level or UK Parliament level—that level should have control over its own type of ballot. By that argument, local councils would be put in charge of their elections and allowed to decide all the things that have been argued for, including exactly who would be elected, how they would be elected and what the franchise would be. That is a nonsense. Presumably for Scottish Parliament elections it would be the First Minister who decides, certainly in the present Scottish Government, as only one person seems to make all the decisions in that Government. Those aspects must be determined by the level above that being elected. For example, the Scottish Parliament, quite correctly, controls the methodology for local elections, just as this sovereign Parliament, which set up the Scottish Parliament, should decide if it wishes to change that, possibly in negotiations. That is not saying that there is not a dialogue to be held, but the idea of putting it down does not make much sense.
Therefore, I support the amendment. As my right hon. Friend the Member for Stirling said, the important point is that when people put their ballot papers in the ballot box, they expect it to be transported securely to the place where they are to be counted. One of the reasons why that was set up for UK elections was to let people know that ballot boxes are not stored somewhere else where they might be tampered with, so there is no split between the process of voting and the process of counting. To push that back to the next day is to add to people’s cynicism about how elections are conducted and how the count comes out.
It is clear to me that the lesson we should learn from 2007 is that we should not have two counts on the same evening. Therefore, we should not have the two processes of electing representatives and choosing the method of election at the same time. That argues strongly against the Government’s proposal to have a referendum on a voting system on the same day as the Scottish elections, because that is asking people to postpone the count for the electoral amendment to the next day. It might be fine, because I think that it will be the great yawn of the century—I can just see people getting as excited as my hon. Friend the Member for Glasgow North about exactly what little deviation in the electoral system they will be allowed in the process of choosing which system to use.
David Mundell
The Secretary of State made it clear in his written ministerial statement that the Government will give serious consideration to all the amendments and issues raised in the Bill Committee because we respect the work of that Committee and the work of the Scottish Parliament; we do not pick and choose to meet our own political ends.
Mr MacNeil
Is the right hon. Gentleman accepting or steamrollering the will of the Scottish Parliament’s Bill Committee?
David Mundell
The Government are looking forward to the debate in the Scottish Parliament later this week when it will consider the legislative consent motion coming forward from the Bill Committee. It will be very interesting to see how the SNP votes in that debate.
Clause 1 transfers to Scottish Ministers certain Executive functions relating to the administration of Scottish Parliament elections that are currently the responsibility of the Secretary of State. Members will wish to note that the Bill Committee in the Scottish Parliament accepted this provision in its report on the Bill. However, as has been mentioned, the report also asked for consideration of a number of related issues such as the procedure for filling any regional seat vacancy during the life of a Parliament, the rules relating to disqualification, and reciprocal consultation. I wish to reaffirm that the written statement from the Secretary of State makes clear our commitment carefully to consider those recommendations, including those relating to this clause. The Scottish Parliament will vote on the Bill on Thursday, and we await the outcome of that vote.
The clause will enable Scottish Ministers to make general provision by order for the conduct and administration of elections to Holyrood, subject only to some necessary constraints. This power includes making provision about supply or otherwise dealing with the electoral register, the combination of Scottish Parliament elections with other elections falling within the legislative competence of the Parliament, and limitation of candidates’ election expenses. However, some elements of the powers will remain the function of the Secretary of State—that is, the franchise and the power to combine Scottish Parliament elections with other reserved elections. That will ensure that issues of constitutional importance continue to be dealt with by the UK Parliament. The Scotland Bill Committee in the Scottish Parliament recognised and accepted the continued reservation of those matters.
Amendment 10, as the hon. Member for Rutherglen and Hamilton West said, would require Scottish Ministers’ first conduct order under the new powers to include provision requiring returning officers to start the count at Scottish Parliament elections within four hours of the close of the poll, or to publish a statement explaining why they were unable to do so. It is important to clarify at this point that the amendment would not apply to the 2011 Scottish Parliament elections.
I recognise the strength of feeling on this issue, which has been set out eloquently by the right hon. Member for Stirling (Mrs McGuire), the hon. Member for Linlithgow and East Falkirk (Michael Connarty) and my hon. Friend the Member for Epping Forest (Mrs Laing). The drama and excitement of election night and the wish to know the election result as soon as possible are vital parts of our political heritage. I want returning officers to listen to what has been said in this debate. As hon. Members who represent Scottish constituencies know, Mary Pitcaithly, the chairman of the Electoral Management Board for Scotland, will be available to Scottish MPs to discuss the arrangements for the forthcoming Scottish elections at a meeting at the Scotland Office later this week. I am sure that the point about overnight counts will again be forcefully made.
In a recent response to the hon. Member for Rutherglen and Hamilton West, I suggested that he and his colleagues should lobby for overnight counts. I had noticed that the counts in Conservative-led council areas such as Dumfries and Galloway, Scottish Borders and South Ayrshire were scheduled to be overnight counts, and that Labour predominated in the council areas that were on the list of counts scheduled to happen the following day. I therefore thought that he might be able to bring more influence to bear than I in those areas.
Mr Reid
I am fully behind the Government on the clause. If we listened to the advice of the hon. Member for Perth and North Perthshire (Pete Wishart), we would end up in a confused position. If we joined him in the Lobby tonight, some health professions would be regulated UK-wide and others would be regulated in Scotland. The hon. Gentleman referred to some dental professions that would be regulated in Scotland while dentists would be regulated UK-wide. That is clearly an anomalous situation.
Mr MacNeil
Does the hon. Gentleman believe that the sky would fall in if we had an anomalous situation?
Mr Reid
We would end up with a much worse situation than the position whereby all professions were regulated UK-wide. The latter makes much more sense. I understood from the answers that the hon. Member for Perth and North Perthshire gave to interventions that he wants all health care professions to be regulated separately in Scotland from the rest of the UK, although I note that the SNP has not tabled an amendment to that effect. It would lead to a strange situation, which would not benefit patients.
Mr Reid
I suspect that if I respond to that intervention, Mr Hoyle, you will rule me out of order.
To go back in order, if as the SNP suggests all health care professions—doctors, dentists and so on—are regulated separately in Scotland, it would add more cost and bureaucracy. It would also mean that a doctor who is qualified in Scotland and who wants to move to England would have to get separate qualifications, and vice versa. That would not benefit patients, and nor would it assist professional development.
Mr MacNeil
Does the hon. Gentleman find it strange that a nation would want to regulate its own health professionals?
David Mundell
I accept your ruling, Mr Hoyle, although it is sometimes important to point out to Opposition members that for the first eight years of the Scottish Parliament there was a Liberal Democrat-Labour coalition.
Mr MacNeil
I would love to know why the Minister thinks that London rather than Edinburgh should have responsibility for whatever portion of Antarctica we are talking about. Is he ashamed of Scotland? Why should it be London? Why should Scotland not have that power? What is he ashamed of?
The Chairman
Order. We are discussing health. We are not discussing Antarctica.
David Mundell
We have learned tonight that London SNP has control over Edinburgh SNP, because it is the Westminster SNP Members who determine the response to the Scotland Bill, and not their colleagues in the Scottish Parliament, who have a completely different point of view on a number of these measures.
The Scotland Act 1998 provides that the regulation of certain health professions is a subject matter reserved to the Westminster Parliament. Clause 13 implements the Calman recommendation to reserve the regulation of all health professions, not just those specified in the Scotland Act. The clause re-reserves the regulation of health professions, and I can confirm that the Scottish Parliament’s Scotland Bill Committee has stated that it is not opposed to the re-reservation of powers to the UK Parliament. The Scottish Parliament will vote on the Scotland Bill on Thursday, and we await the outcome of that vote, as I have said previously. Further, devolution is not a one-way street, and the Scotland Bill, like Calman, is about delivering a balanced package that works for the people of Scotland, as the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) said. The Scotland Bill does just that: it updates the Scotland Act with a two-way transfer of powers.
Since Royal Assent of the Scotland Act, the regulation of any health professions not regulated by the legislation listed in section G2 of schedule 5 has been a matter that falls within the legislative competence of the Scottish Parliament. The Westminster Parliament was, therefore, unable to introduce legislation to regulate such professions without such legislation also being approved by resolution of the Scottish Parliament. Although the Scottish Parliament has had the power to introduce for Scotland separate legislation in respect of the regulation of these health professions and any other health professions not included within section G2, it has chosen not to do so and instead has approved the use of the existing, reserved machinery orders made under section 60 of the Health Act 1999 to regulate new groups of health care professionals.
The Calman commission criticised this mixed economy and considered that the current situation was unnecessarily time-consuming and cumbersome owing to the need to obtain agreement from the Scottish Parliament. The commission also pointed out that the current mixed economy presented risks in terms of consistency that could lead to the fragmentation of standards across the UK and threaten the mobility of practitioners across all four countries, which is a point that Members have raised. The Government agree that there are risks with the current situation. The Calman commission also noted that the current processes gave the Scottish Parliament some influence over the regulation of reserved professions—for instance, where there are orders and regulations relating to the regulation of professions that cover both devolved and reserved matters. The commission also took the view that there should be a common approach to the regulation of the health professions.
The Government have accepted the arguments made by the Calman commission, so the clause re-reserves the regulation of all health care professions currently regulated by legislation. It also has the practical effect of reserving to the Westminster Parliament the subject matter of the regulation of any new health professions in the future.
Notwithstanding the reservation that the clause will deliver, the UK Government will continue to agree policy in relation to the regulation of the health professions with the Scottish Government. The UK Government, through the Department of Health in England, will continue to engage closely with officials in the Scottish Government—and, for that matter, with the Administrations in Northern Ireland and Wales—to develop future policy proposals concerning the regulation of health care professionals. This will ensure that the views of the Scottish people will be taken into consideration as we go forwards, but in a manner that will deliver a consistent approach to regulation that works for the whole of the UK.
Mr MacNeil
If in future a certain type of health profession develops that exists only in Scotland, is the Minister saying that regulation of it should be done in London?
David Mundell
The hon. Member for Perth and North Perthshire (Pete Wishart) was challenged to identify health professions that could exist only in Scotland—and failed to do so. The regulation will be dealt with in accordance with schedule 5. When we have had some identification of a health profession that could exist only in Scotland, we will be able to look at what the hon. Gentleman and his colleagues have to say about it.
Mr MacNeil
It would be good practice in shaping and making law to prepare for any eventuality. I put a particular type of eventuality to the Minister, but he has not provided an answer. If there is a certain type of medical profession that exists only in Scotland, what will happen?
David Mundell
I am afraid that that represents the level of debate on re-reservation that we have witnessed tonight. The SNP’s opposition to re-reservation is based entirely on dogma and political viewpoints rather than on the interests of the people of Scotland. The Calman commission looked very closely at these issues and considered that the balance lay with re-reserving the powers. The Government support that re-reservation and nothing we have heard in this debate or the previous one—or, I suspect, that we would have heard if we had had a debate on Antarctica—would convince any Member who looked at these matters either objectively or with the interests of the people of Scotland at heart to support the SNP position. I hope that SNP Members will withdraw their frivolous opposition so that the Committee will not have to divide on the issue.
Question put, That the clause stand part of the Bill.