Constitutional Law

Anne McGuire Excerpts

Tuesday 15th January 2013 Commons Chamber

[Margaret Curran]

I thank the hon. Gentleman for his contribution and I look forward to Labour forming a Government here in 2016. We will introduce many pro policies to the benefit of the people of Scotland and the United Kingdom. Of course, we should look at the prospect of Scots voting to stay within the United Kingdom, because I believe that there is a strong likelihood of that—although I would never be complacent and would always respect the views of the Scottish people. As I said in answer to the hon. Member for Milton Keynes South (Iain Stewart), I absolutely believe that devolution is vital to the interests of Scotland and vital to the interests of the United Kingdom. We have always said that devolution is a process, and that time and circumstance will dictate future interests. As the hon. Gentleman may or may not know, Johann Lamont, our leader of the Labour party in Scotland, has set up a devolution commission. Our test in that devolution commission will not be pre-set, as some nationalists would have us do because they have already decided what should happen. Our views will be determined by the interests of the people of Scotland, and what serves their interests best.

[Mrs Anne McGuire (Stirling) (Lab)]

Does my hon. Friend agree that the fundamental fault line in Scottish politics at the moment is between those who support separation from the rest of the United Kingdom and those who want to stay part of the United Kingdom, and that any talk about the process of devolution and so on in the current context of discussing a referendum on independence is actually a diversionary tactic by the SNP to try to divert us from the fact that after 80 years of preparation, it has zilch to say about the future of Scotland?

[Margaret Curran]

I thank my hon. Friend for that effective intervention. I will make reference to why some are urging that there should be a second question as I progress.

--- Later in debate ---

[Mrs Laing]

As ever, my hon. Friend has expressed his view very clearly. That is exactly the point, and that is why it is so important that we are having a full debate today. This Parliament has a voice that deserves to be heard, and people throughout the United Kingdom have voices that deserve to be heard, when it comes to a matter that will affect the future of the whole United Kingdom. I have every confidence that the Scottish Parliament will hear our voices, and will take into consideration what is said in the House this afternoon and throughout the United Kingdom as the matter is debated over the coming weeks and months.

It would not be difficult for a vote to be given to people who live in the United Kingdom, outside Scotland, but who were born in Scotland. Indeed, it would be very easy. I appreciate that my right hon. Friend the Under-Secretary of State will not be able to answer the points that I am making, and nor do I expect him to do so. This is a matter for the Scottish Parliament, but I am using the forum of the House of Commons to make points which I hope will be taken up in the Scottish Parliament. They may be dismissed, but I hope that they will be taken seriously.

It would not be difficult for a vote to be given to people who were born in Scotland, because everyone’s passport identifies the town in which they were born. It would not be difficult to allow a person who can show they were born in Scotland but who is registered to vote in some other part of the UK to apply for a postal vote to take part in the referendum. That is a serious point. I am not points-scoring against the SNP; I am trying to help the First Minister in his quest to broaden the franchise and show that the referendum takes into consideration the opinions of as many people as possible.

There is an irony in all this. If I were a wealthy landowner who owned a property in Scotland as well as a house in my constituency in Essex, I could vote in the referendum, because I would be entitled to vote in local government elections on the basis that I own a property in Scotland. I would not even have to be a wealthy landowner, in fact: if I just owned a little house in Millport—which is, of course, my ambition—I could have a vote in the referendum. However, because I am not wealthy and cannot afford to own a property in Scotland as well as a house in my constituency, I cannot have a vote. As we all know, there are hundreds and hundreds of people who own properties in Scotland but live most of their lives in other parts of the UK who will have a vote in this referendum. It is ironic indeed that the First Minister is taking us back to before the 1832 Reform Act, when the right to vote depended on ownership of land. What a disgrace!

[Mrs McGuire]

The hon. Lady might not welcome my intervention, because I think she may be in danger of slightly overegging her pudding. My understanding is that people have to prove to the electoral registration officers that they spend the majority of their time in the house at which they wish to be registered. While I understand the hon. Lady’s train of thought, I am not entirely sure that the image she is conjuring up of hordes of people living in other parts of the United Kingdom is accurate.

[Mrs Laing]

I thank the right hon. Lady for her comments, but my understanding is that people who have two properties in different places can vote in different elections, especially those based on a local government franchise. That is what is wrong here. If this franchise were constructed for the purposes of our historic referendum, rather than as a local government franchise, the problem would be overcome. I am making a serious request: when the Scottish Parliament debates this matter, I urge it to consider giving a postal vote in the referendum to people who were born in Scotland but who are now registered to vote in other parts of the UK.

I welcome the Edinburgh agreement. We all believe in democracy. We in this House believe in the sovereignty of the people. It is right that our Parliament should give the Scottish Parliament the power to hold this referendum, and I look forward to the fight.

--- Later in debate ---

[Mrs Anne McGuire (Stirling) (Lab)]

I will certainly try to be brief. I want first to hark back to my intervention on the hon. Member for Epping Forest (Mrs Laing). I noticed the look of surprise on many faces around the Chamber at the time, and I wonder whether we could get some clarification on the franchise question. I have certainly heard of an electoral registration officer saying that a person had to spend 50% of their time in their place of residence before the officer would be willing to register them to vote there. Given that the question of the franchise for this referendum is so complicated, a bit of clarity would be helpful. If the hon. Lady’s interpretation of it is correct, I would suggest that she was not over-egging her pudding but that she has instead brought forth a political confection worthy of Mary Berry.

It was a pleasure to listen to the right hon. Member for Ross, Skye and Lochaber (Mr Kennedy) this afternoon. He encapsulated many of the arguments that have been around Scottish politics for many years. I also want to support the section 30 order, and in doing so I congratulate the Secretary of State on the way in which he has conducted himself, not only during the negotiations but over the past few days. I am delighted that the hon. Member for Moray (Angus Robertson) is in his place. He toured the media and the radio stations trying to provoke a negotiation before a decision had been made, and the Secretary of State was quite right to say that we would have the referendum and look at the decision before moving to the next stage, whatever it might be. The hon. Member for Moray should look at what he said in response to my hon. Friend the Member for West Dunbartonshire (Gemma Doyle). When she asked him about nuclear submarines and the defence question, he told her that no negotiation could take place until the country had made a decision.I hope that he will reflect on that over the next few days.

It is right that the Scottish Government should have the right to make the referendum in Scotland. This is about the spirit of devolution and about this Parliament handing over authority. That we are doing so calls into question the charge that is often made about Westminster: that we want to keep control. This is about giving control away. I think that this Parliament should get credit for being willing to hand over this responsibility, with no ifs, buts or maybes. That is the true spirit of devolution.

This debate has divided Scotland for most of my political life. The pursuit and achievement of a separate Scotland, to which the hon. Gentlemen from the Scottish National party are only too willing to commit themselves, would take Scotland out of the United Kingdom. What motivates them above all else is their desire to see the break-up of the UK—the most successful political and social union. And yet, as we have heard from the contributions today, there is integration across the United Kingdom. There are Scots living in England, Northern Ireland and Wales, and there are Welsh, English and Northern Irish people living in Scotland. It is that integration that is causing some of the complications—some would say anomalies—in who is entitled to vote.

This Parliament must have respect for the Scottish Parliament, but respect is a two-way process. I beseech the hon. Gentlemen who represent the Scottish National party in this House to stop setting up Aunt Sallies by making out that Westminster is trying to do them down. The hon. Member for Perth and North Perthshire (Pete Wishart) is a serial offender. This morning, he tried to suggest that the Labour Opposition might abstain in today’s vote. We have made it very clear from the beginning that we support the section 30 order. Frankly, it is not worthy of somebody who wants to be a parliamentarian and statesman in Scotland to pretend that other political parties are not being honourable in this matter. Mr Speaker may be interested to know that he also called into question the impartiality of the Chair. I hope that he does get to speak, because he accused this House of being almost exclusively Unionist in the people it calls and said that the SNP would get only 10 minutes. Well, the hon. Member for Moray spoke for 15 minutes earlier, so we have superseded the aspirations of the hon. Member for Perth and North Perthshire.

I raise those points because if we are to spend the next 18 months talking about the future of Scotland, we must do so from a point of mutual respect and stop throwing brickbats at each other and denigrating those who do not agree with us. This is the most important issue that most of us will ever face, not just for ourselves but for our children and grandchildren, regardless of which side of the argument we are on. A little mutual respect would not go amiss.

[Mr MacNeil]

Say something nice about us then.

[Mrs McGuire]

I will not even go there. The hon. Gentleman knows whether I want to say anything nice about him. He is a pleasant enough person outside the Chamber. Sadly, in the Chamber he tends to heckle rather than make positive contributions.

I will move on to the issues that have been raised today. The first is the role of the Electoral Commission. We need to have an independent arbiter on the wording of the question and the financing of the campaigns. All sides need to have confidence in the process. That means that it should not be subject to political interference and that one element must not be able to overrule the others. I hope that when we hear the hon. Member for Perth and North Perthshire later in the debate, he will give us some comfort and say that the SNP will not second-guess the Electoral Commission, but will work with it in producing a question and a set of criteria that we can all work to and have confidence in.

The Chair of the Scottish Affairs Committee said earlier that the question preferred by the Scottish Government was put to a series of independent experts who suggested that it was politically loaded. We cannot go into a referendum debate where the question is politically loaded.

[Pete Wishart]

Will the right hon. Lady remind me of the question that the commission that her party put together with the Conservative and the Liberals came up with?

[Mrs McGuire]

I am not quite sure what the point of the hon. Gentleman’s intervention is.

[Pete Wishart]

A Unionist commission was put together to try to determine a question for the referendum that it thought was fair. Will the right hon. Lady remind me what question it decided on?

[Mrs McGuire]

That is a typical red herring being drawn across. We say that we want—[Interruption.] No. The Electoral Commission should be, and is to all intents and purposes, the independent arbiter. The Labour party when it was in government, and even the Conservatives, have accepted that if an independent arbiter is appointed, it is incumbent on the Government to honour that public authority and take into account the views of that independent arbiter.

I said that I would not speak for too long so I will not. However, we cannot go into the next 18 months in a spirit that is about beating each other over the head with arguments and counter-arguments that are sometimes not even relevant. I ask all sides to come together and have a robust, frank and mature debate with the Scottish people. That is what the referendum campaign demands.

I represent the constituency of Stirling which includes the Church of the Holy Rude where the first crowned king of the United Kingdom—King James VI and I—was crowned and became the monarch of the United Kingdom. My area also includes Bannockburn and Stirling bridge, and saw Rob Roy MacGregor and all the rest of the iconic figures in Scottish history. This debate, however, is not about the 13th, 14th or 17th century; it is about the 21st century. I am happy to give over, under a section 30 order, powers to the Scottish Parliament.

I voted for the Scottish Parliament and I want it to succeed. I want us to remain part of the United Kingdom, and if we hand over that power, the Scottish Parliament has the responsibility to exercise it with maturity and discretion, and to recognise that the current Scottish Government do not represent all the views of the entire Scottish people. Yes, we hand over that power—perhaps not with eagerness but with some understanding of the constitutional arrangements within the United Kingdom—but the responsibility is with the Scottish Government to exercise that power with discretion and an understanding of the multiplicity of views.