Brian H. Donohoe
Main Page: Brian H. Donohoe (Labour - Central Ayrshire)Department Debates - View all Brian H. Donohoe's debates with the Scotland Office
Scotland Bill
Brian H. Donohoe Excerpts(13 years, 1 month ago)
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Mr Brian H. Donohoe (Central Ayrshire) (Lab)
Let me continue where we left off yesterday in discussing new clauses 1 and 2, particularly the question of first past the post being the fairer system—
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
Will the hon. Gentleman give way?
Mr Donohoe
I will give way when I have developed my argument one stage further than when I left off. An important aspect of this is that first past the post is the system that is best understood by the electorate—indeed, I would argue, it is almost the only system that is understood by the electorate.
Mr MacNeil
I think that if the hon. Gentleman looks at yesterday’s Hansard, he will find that we finished where I left off. At 10 pm last night, I was about to ask him what he had against the good people of the Western Isles in wanting to give them only one Member, with every other constituency getting two.
Mr Donohoe
I have always thought that the Member who looks after sheep should be able to count. If he could count, he would know that there are not that many people in the electorate of the Western Isles. In those circumstances, I thought it only fair that there should be just the one Member. As I said previously, there would be one Member for Orkney and one Member for Shetland. That would mean that there would be 118 Members of the Scottish Parliament, all elected on the basis of first past the post. If the hon. Gentleman tells me that I have got the figures wrong, perhaps I need to go back to school to do a bit of arithmetic, but I can tell him that I was one of the brightest children in the school at arithmetic; indeed, I got 100% on many occasions.
However, perhaps one area where I was not very strong was dates, because earlier in the debate I said to the hon. Gentleman that the Scottish elections were on 3 May whereas—he should have corrected me—they are on 5 May.
Mr Ian Davidson (Glasgow South West) (Lab/Co-op)
Is it the case that the school my hon. Friend attended was so good that it was approved?
Mr Donohoe
It was so good that it was known as Irvine Royal Academy. Anyway, we will move on very quickly from that point.
Mr Reid
According to Hansard, just before the hon. Gentleman sat down last night, he said that there would be 119 Members of the Scottish Parliament. He just said that there would be 118. My understanding is that all 59 constituencies, apart from the Western Isles, would have two Members, and that the Western Isles would get one. I think that that makes 117.
Mr Donohoe
I think that we are wandering into maths rather than arithmetic, but the hon. Gentleman is absolutely right. Of course, that would be a saving to the public purse, which is very important. Perhaps one could call it a Freudian slip. I have come to the conclusion that he is right and that the number should indeed be 117, and not 119 as I suggested.
Moving swiftly on—
Mark Lazarowicz
Surely with the passage of the Parliamentary Voting System and Constituencies Bill, which will reduce the number of parliamentary constituencies, the correct figure would in fact be 103.
Mr Donohoe
If the hon. Gentleman intervenes again to give me some understanding of that point, I might be able to accede to it.
David Mundell
Perhaps I might help the hon. Gentleman. My calculation is that there would be 101 Members. After the passage of the Parliamentary Voting System and Constituencies Bill, there will be 52 constituencies in Scotland. If each had two Members, there would be 104. However, there are three constituencies that he feels should have only one Member, although my reading of new clause 1 is that people would still have two votes. There would therefore be 101 Members in the new Scottish Parliament. Does he think that that would be sufficient to conduct the Parliament’s business?
Mr Donohoe
The Minister has made my point very well in relation to making savings, which is the next point that I want to make progress on, if I may.
Mr Weir
Will the hon. Gentleman clarify whether he is talking about Westminster Parliament constituencies or Scottish Parliament constituencies, because the numbers are different? There are 59 Scottish Parliament constituencies, but once the Parliamentary Voting System and Constituencies Bill has been passed there will be only 52 Scottish constituencies for the Westminster Parliament.
Mr Donohoe
That is common sense, if I may say so. When I made the calculation to put together my submission to Calman, we did not have this nonsense of reducing the number of MPs in this place. That idea is patently stupid in Scotland. The hon. Member for Caithness, Sutherland and Easter Ross (John Thurso), who is present, will know that the area he represents will become even more enormous under these calculations than it is. Perhaps the Independent Parliamentary Standards Authority should visit him to check out what his expenses should be in those circumstances. However, I digress somewhat.
I shall return to the issue of savings and first past the post. It is clear from this debate that there is a case to be made for this idea. It is clear from the number of public representatives on the London assembly that there can be adequate government for a population double the size of Scotland’s with some 30 members. Given the responsibilities in London, one would presume that it was possible to run the Scottish Government with the numbers that I propose.
Mr MacNeil
The hon. Gentleman wants to reduce the number of parliamentary representatives from Scotland. Will he lead by example and suggest that Scotland no longer needs to send any MPs to Westminster, because Scotland should be independent and all powers pertaining to Scotland should be moved from Westminster back to Scotland?
Mr Donohoe
The first people who could go in these circumstances are, of course, the nats. That would be very useful. I am surprised that only four of their six Members are here today. However, looking at the Labour Benches, perhaps I should not argue that point too forcefully.
To return to my serious argument, first past the post is the most sensible system on the basis of turnout. If we look at the turnout at elections—today I had the good fortune of having the Library do so—we see that there is no doubt that we, as a group, need to reconnect with the public. It is highly probable that we will go below 50% turnout at this year’s Scottish elections. In the 2007 election, the turnout was just above 52%. In the election to the Westminster Parliament last year, the figure was just under 64%. On that basis, we should consider the matter seriously.
Mr Greg Knight (East Yorkshire) (Con)
Is the hon. Gentleman therefore arguing in favour of a system rather like the Australians have, in which people are fined if they do not exercise their right to vote?
Mr Donohoe
I am grateful for the intervention, but I disagree with the idea of compulsory voting and fines. I have been to Australia to examine the system, and it just does not work as it should, so I would not advocate it. In Africa, however, people queue for weeks before an election to cast their vote, and we should have some of that attitude in this country. I do not think we will ever get it unless we reconnect with the public, and certainly not if we continue to have list Members north of the border.
That brings me neatly to new clause 2. If there is to be no change to the voting system, we have to consider the role of the list Members in the Scottish Parliament. We must seriously consider withdrawing the funding that is currently available to them, which allows them to come into constituencies to cherry-pick and cause mayhem.
Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
Does my hon. Friend share my concern, which has been a consistent concern in Scotland, that at various times list Members appear to have promoted themselves as constituency Members? Does he agree that that must be tackled as a matter of priority? Does he further understand that in the spirit of the Scottish Parliament rules, it was anticipated that regional list Members would notify constituency Members whenever they took up casework? In my almost 12 years as an MSP, it was very rare—
The Chairman
Order. I know that this debate is very important, but may we have shorter interventions?
Mr Donohoe
There is no one in the House who knows the system north of the border better than my hon. Friend, because she was an MSP, and still is until, I think, the 24th of this month.
Graeme Morrice (Livingston) (Lab)
Following on from the point made by my hon. Friend the Member for Kilmarnock and Loudoun (Cathy Jamieson), is my hon. Friend the Member for Central Ayrshire (Mr Donohoe) aware of the recent case in which a regional list MSP for Central Scotland was claiming to be almost a constituency MSP for Airdrie and Shotts, to the extent that he had surgery posters with “Airdrie and Shotts” on them? The regional area that he covers is, of course, much larger. I suspect that it was done for electoral reasons, with his being the SNP candidate for the Airdrie and Shotts Scottish parliamentary constituency.
Fiona O'Donnell (East Lothian) (Lab)
I can tell my hon. Friend that I barely slept last night waiting to make this intervention. Will he at least acknowledge that the current system came about as a result of a consultative process—the Scottish Constitutional Convention—which the Committee should respect?
Mr Donohoe
My hon. Friend may not have slept last night, but what does she think of the fact that I have had to come back here to continue this debate? I will come back to her point later.
Mark Lazarowicz
I disagree with much of what my hon. Friend said yesterday and today, but I concede his point on the role of list MSPs. One list MSP in my area just produced her annual report. By some amazing coincidence, almost every single example of her local work over the last year happens to be from the constituency where she is standing as a constituency candidate.
Mr Donohoe
On the basis of conversations with other hon. Members, there is universal agreement that something is fundamentally wrong with that aspect of list Members. Even a previous Presiding Officer has made that point on numerous occasions in the Scottish Parliament. That is a pertinent issue and it must be given serious consideration, which is why I have proposed new clause 2, which would withdraw funding. Withdrawing the funding available to added list Members would lead to significant savings for the Scottish Parliament. If my arithmetic is correct, there are 56 added list MSPs, given that 73 MSPs are elected for constituencies—I believe my figures are right on this occasion.
Mr Mark Field (Cities of London and Westminster) (Con)
Does the hon. Gentleman share my concern that, fundamentally, list Members are representatives only of their parties? In new clauses 1 and 2, he is seeking to reconnect MSPs with constituents. Under the first-past-the-post system, MSPs must recognise that they represent each and every one of their constituents, including—and in many ways more importantly—those who did not vote for them, which is in stark contrast to list Members.
Mr Donohoe
I agree entirely with the hon. Gentleman, who is my MP, as he knows. I came into Parliament thinking that I was a Labour MP, but over the years I have come to understand that I represent not just Labour voters but 100% of my constituents, including those who vote and those who do not vote. I have always taken that view. The hon. Gentleman makes a good intervention, and I am grateful for it, but I do not know what it has to do with the subject in hand.
If one accepts that list Members are not to make representations on behalf of individual constituents, the question is why do they advertise constituency surgeries? On one occasion, such a Member, who will remain nameless, advertised a surgery in my constituency. I was not very pleased, so I decided to look through all the files in my office—some 2,500 files—for some awkward cases. I decided I would phone those awkward cases and tell them that this individual was having a surgery in Irvine, and that they should attend because he made such a good MSP. Seventeen people trooped to his surgery, and he never did a surgery in Irvine again. That is the practical way to overcome the problem of added list Members in the Scottish Parliament. If anyone wants a wee bit of encouragement to do likewise, I am more than happy to oblige.
Mr MacNeil
I was wondering whether the awkward cases had already been sent to the hon. Gentleman.
Mr Donohoe
No, I already had the awkward cases and knew all about them. Every single Member in this place—even those who came in last year—will be well aware of the cases that they would like to palm off. It might be that we could find a role for those list Members and send them all over the UK to take up these awkward cases. I might be one of those who would advocate that—but not today, because we are here to debate new clauses 1 and 2.
My final point concerns what happens when a list Member dies in office. Of course, that is unfair on the individual, although they would no longer worry about it; but there is also an unfairness in the system, as we have seen—believe it or not—in Ayrshire: a Member of the Scottish Parliament resigned and a member of the constituency party was put in their place, but that Labour member was not elected and a Tory took their place. Had it been a list Member who resigned, however, under the list system the next person on the list would have been appointed as a Member of the Scottish Parliament.
Cathy Jamieson
To clarify, does my hon. Friend agree that it makes no sense that everything else in the Scottish Parliament is done by proportionality and d’Hondt? This is the one area where that does not seem to apply.
Mr Donohoe
That is a discussion for another day, but it is a very pertinent point—and one that a lot of people do not understand. A lot of people do not understand this crazy list system. As I have said, if a constituency Member resigns, a by-election is triggered, and whatever happens the democratic process takes place. However, if a list Member dies, retires or resigns, they are replaced by somebody on the list, which is absolutely outrageous. The Labour party is concerned to have a gender balance, but this system destroys that possibility.
Thomas Docherty (Dunfermline and West Fife) (Lab)
My hon. Friend is making a compelling and fascinating case. He might be aware that when the Minister moved to Westminster, his replacement was simply appointed by the Tory apparatchiks without any democratic mandate.
Mr Donohoe
I am sure that the Minister can speak for himself and tell us why he thinks that this aspect of the list system is fair. I shall wait to see whether he has a contribution to make on that point.
Mr Mark Field
The same point applies to the London assembly, and it is slightly more serious even than he has pointed out. Certain roles, such as being a member of the London assembly, disbar a person from holding a dual mandate in Parliament. As the hon. Gentleman rightly says, however, for list members of the London assembly, that change can take place without any difficulty, but for a first-past-the-post elected member—one of the 14 of the 25 in that category—there needs to be a separate election. I agree that it is a fundamental stupidity of the system that needs urgent reform, but it is not exclusively an issue for the Scottish Parliament.
Mr Donohoe
I am extremely grateful to my Member of Parliament for raising that point. Of course it is a serious point and it has to be addressed, because it causes dissent and demonstrates that the list system in Scotland does not—and will not—work, and is not seen as fair.
Fiona O'Donnell
I thank my hon. Friend for being so generous in giving way. I know that he would never be partisan, but surely he can see the benefit for the thousands of people in the highlands and islands region who vote for Labour candidates, and who, thanks to the system, have three excellent candidates in Peter Peacock, Rhoda Grant and David Stewart.
Mr Donohoe
Well, I got one out of three, so I did not do too badly. I bet that if I asked the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) to name his seven list Members—or even the 24 in my constituency—he would be lucky to name three of them. But I will give way, if he is going to reel them off. [Interruption.] He has it on his website! That is a bit of a cheat, would you not say, Mr Hoyle? Anyway, I am coming to the end of my contribution, you will be glad to know.
Stewart Hosie (Dundee East) (SNP)
I am sorry that I was not in my place for the start of the hon. Gentleman’s contribution, but I have been following most of it. I am unhappy about Members of the Scottish Parliament being named when they are not here to defend themselves. As for the three people mentioned by the hon. Member for East Lothian (Fiona O'Donnell), will the hon. Gentleman tell us whether one, two or all three of them as list members also intend to stand in the first-past-the-post election? If so, that would pose a very interesting question.
Mr Donohoe
The hon. Gentleman raises a pertinent point—one that my individual constituency voted on and came to a unanimous decision. I stress that this is on the basis of a vote only in my own constituency, but not a single person in the constituency party was in support of any added list members also standing for a particular constituency. I mentioned that earlier when I spoke about a person who came fourth in the first-past-the post election in my constituency finding herself in Parliament. That does not make sense, and I doubt whether the hon. Gentleman would say that it made sense.
Let me conclude. This is an important subject for the chattering classes, but it is not very important to the great bulk of people in Scotland—or, for that matter, anywhere in the United Kingdom. One thing is certain: electoral systems do not put food in bairns’ stomachs or jobs into the homes of people who most need them in order to put that food in bairns’ stomachs. I suggest that it is therefore more important for us to argue against and probe Ministers daily on the state of the economy. However, we are where we are; and we are debating what we are. That is why I thought it right to table these two new clauses for debate.
I want fairness: it is something I came into politics for. I have always believed in fairness and I believe there is no doubt, as conceded in this debate, that there is no accountability for these list members. My two new clauses thus have considerable merit, but I shall listen carefully to how the debate continues.
Mr Donohoe
I am going to have to accuse the hon. Member for Argyll and Bute (Mr Reid) of cherry-picking. He has read only part of my new clause. His problem can be solved by paragraph (b) of the new section (4A) proposed in subsection (6), which requires provision for
“the two candidates with the most valid votes to be elected in such constituencies.”
Mr Reid
Yes, but some people might not vote for party tickets. This system is used in English local government elections, and it is very uncommon for the first two candidates to get exactly the same number of votes. One will finish first, and another will finish second, and sometimes where there is a close result candidates from different parties get elected.
Mr Donohoe
Even under the first-two-past-the-post system, it is highly possible that if a party candidate is unpopular for any reason, the electorate will choose one candidate from one party and another from a different party.
Mr Reid
Yes, that is possible, but there would still be two people elected, and the hon. Gentleman objected to having more than one person representing a constituency. He expressed objections about regional list Members holding surgeries in his constituency, but under the system he proposes there will be two people representing every constituency, so there are the same possibilities for disagreements and people duplicating casework. I find it illogical that the hon. Gentleman extols the virtues of first past the post, but proposes a different system.
The first-past-the-post or the first-two-past-the-post system could be very unfair. In the last Scottish Parliament election, the SNP got the most votes, and it rightly got the most seats. Let us consider what would have happened if we had adopted first past the post, however. In the constituency section, the SNP got 33% of the vote and Labour got 32%, but Labour won more than half the first-past-the-post seats—37 out of the 73 seats. Therefore, if we had purely been using a first-past-the-post system, even though the SNP was the clear winner of the election, the next morning we would have found we had a Labour Government with an overall majority, having more than half the seats.
Mr Reid
The SNP won because the election was fought on a fair set of rules—I hope that the hon. Gentleman will give the Liberal Democrats credit for participating in the Constitutional Convention and arguing and negotiating with the Labour party to get a proportional system. If his party had not gone off in a huff and had instead taken part in the Constitutional Convention, we might have got an even better system. He should be thanking the Liberal Democrats for the efforts we made.
The hon. Member for Central Ayrshire was arguing that one of the flaws with the current system relates to the number of MSPs who can turn up at health board meetings in Ayrshire and Arran—he cited a figure of 24. We have had arithmetical disputes before, but I calculate that 26 MSPs could attend. I have good news for him because the Boundary Commission has drawn up the new boundaries for the next elections and only 19 MSPs will be able to turn up to those meetings. However, he does have a point, and if he looks at the Arbuthnott report, he will find where a solution lies.
Sir John Arbuthnott’s report was set up by the previous Government to examine the problems of non-coterminosity. He proposed that we should make the regional list boundaries natural boundaries, rather than have the current unnatural boundaries. So, for example, the whole of Ayrshire would be covered by one regional list. There was a lot to be said for Sir John’s report. I did not agree with every part of the detail, but it was a pity that the previous Government did not take it more seriously. Importantly, the Arbuthnott commission said that when the overall result is proportional, it is less important that individual constituencies and individual regional lists all have the same number of electors than it is in a first-past-the-post system. As the final result will be proportional, it is less important for each constituency and list to be the same size. It would, thus, be better if the regional list boundaries for Scottish Parliament elections were drawn up first and constituencies were then fitted within the regional lists. That would allow us to get regional lists that are much closer to natural boundaries than the current system does.
Mr Donohoe
Will the hon. Gentleman concede that the biggest problem, in a party sense, of not having coterminous boundaries is that there is no accountability in respect of the list members, and that cannot be overcome on the basis of what he has just proposed?
Mr Reid
If the boundaries for the lists were natural ones, we would have much more accountability. For example, Ayrshire could be put with Dumfries and Galloway to form one regional list and we could, thus, have a much more natural boundary in south-west Scotland than we have at the moment.
Pete Wishart
We are having a few difficulties with trains in this Committee. First there was the Caledonian sleeper and now there is this train to Oban. I will, of course, apologise to the hon. Member for Central Ayrshire. I say to him: “Take the train to Glasgow for goodness’ sake, but whatever you do, take that train, because we need to know the settled will of the Labour party in all this.” I suspect that the sentiment and views expressed by the hon. Gentleman are gaining currency in the Labour party—
Mr Donohoe
I shall try to be as quick as possible. I did not touch on this in my speech, but does not the list Member have to notify the constituency Member before they come in on a case or make notification of it? In the 12 years of the Scottish Parliament, in Ayrshire there has not been a single case brought to the attention of a constituency Member.
Pete Wishart
The hon. Gentleman will have had his own experiences with these issues.
An hon. Member has pointed out that there have been problems with list Members on a couple of occasions, but I am surprised that it is only a couple of occasions. List Members seem to co-exist with first-past-the-post Members on reasonably good terms. I recognise a number of issues and problems that have been identified by a number of Members.
Pete Wishart
It seems that the hon. Gentleman feels it necessary to name others who cannot defend themselves in this House.
As I said, I am astounded that there have been so few such issues. That case is probably notable because it has happened so rarely. First-past-the-post Members have co-existed with regional Members in a friendly and consensual way. That is a feature of the Scottish Parliament that will continue.
The hon. Member for Livingston (Graeme Morrice) is right. There are difficulties identifying Members of the Scottish Parliament. I find it difficult to recognise first-past-the-post Labour Members in the Scottish Parliament, particularly those on the Front Bench, and I think the Scottish people have great difficulty recognising a number of them, too.
Pete Wishart
I will name one MSP with lofty ambitions. He has the ambition to be the First Minister of Scotland. When he went out there, we found that 50% of the Scottish people did not recognise him, and another 33% just did not like him.
Mark Lazarowicz
I am sure that you will be pleased to hear that I intend to address the new clause, Mr Hoyle.
I want to put the case against what my hon. Friend the Member for Central Ayrshire (Mr Donohoe) has proposed, and to put the case for a system of proportional representation for the Scottish Parliament. The current system should be retained. We could have an interesting academic argument about whether to have the additional Member system or a different form of PR, but AMS is the proportional system that we have now in the Scottish Parliament, and I want to defend that system. Overall, it has worked well, and it should be retained in the interests of Scotland.
The first argument in favour of that system—or, indeed, any system of PR for the Scottish Parliament—is about fairness. I agree with the hon. Member for Argyll and Bute (Mr Reid) on that. Some people seem to take the view that fairness is a luxury for politicians. I do not accept that—fairness is something that we should all be concerned about. Any system in which the seats that one party wins can be grossly disproportionate to the votes that it gets is an unfair system. We have seen some of those distorting effects at the UK level, but at the Scottish level the first-past-the-post system could have much more disproportionate effects, precisely because of the multi-party system in Scotland. We have four parties in Scotland which, according to the opinion polls, get 6% or more of the vote—if we were to add the Lib Dems and their 5%, we would have a five-party system. With that breakdown between the parties, it would be quite feasible for a party with just 30% of the vote to get an absolute majority in the Scottish Parliament. Whatever our perspective might be, that cannot be justified or defended.
Some of my right hon. and hon. Friends take the view that because—as they believe—Labour tends to gain under that disproportionate system, we should support first past the post against any form of proportional representation. However, I do not accept that first past the post always benefits the Labour party. I am old enough to remember the 18 years of Conservative Government, when the Conservatives, never with the majority of the votes cast, nevertheless had a majority of the seats in Westminster, and sometimes a very large majority, so Labour does not always gain from the first-past-the-post system.
It would also be dangerous for my Labour colleagues or anyone else to assume that first past the post would always benefit Labour in Scotland. As the Liberal Democrats have discovered, no party can assume that its recent levels of support will be maintained indefinitely. Parties go up and down, and we cannot necessarily assume that if the Scottish Parliament had first past the post but no regional list system, the constituency votes in the last parliamentary elections would have been the same, because people might have chosen to vote differently if they had had only one vote instead of two. We cannot assume that Labour would always win an overall majority in the Scottish Parliament under first past the post.
Mr Donohoe
Does my hon. Friend understand that the last time the Liberals were in power, which was in 1921, they were opposed to any form of proportional representation and voted in this place for the system that we have today?
Mark Lazarowicz
Indeed. One thing that my hon. Friend and I share on this issue is consistency. He has been consistent in his opposition to PR; I have been consistent in my support for it, so at least we share something in this debate, unlike the Liberal Democrats.
No party can assume that it knows what the vote will be in five, 10, 15 or 20 years’ time, but the attraction—as my hon. Friends and others see it—of first past the post might diminish dramatically if, let us say, the Scottish National party at some stage got 35% of the votes in the Scottish parliamentary elections under that system. That could quite easily give it an absolute majority of seats, which no doubt the SNP would claim as a mandate for independence. Those who suggest that first past the post will always benefit Labour, or any other party, are making a serious mistake if they maintain that position.
Mr Donohoe
May I make it perfectly clear that I am opposed to the position referred to by the hon. Member for Dundee East (Stewart Hosie), as is my constituency party and as are many other constituency parties across Scotland?
David Mundell
I fully take on board what the hon. Gentleman says, and I praise his consistency on this issue, but others who have been critical of the regional list system now want to use it to save their political careers, and I regard that as hypocrisy.
David Mundell
Thank you, Ms Primarolo. I will take on board what you say and, as ever, I note the hon. Gentleman’s comments. Some of what he said in his contribution was helpful, in that there is an acceptance, following the Arbuthnott commission’s report, that some form of review of electoral systems in Scotland is required. The Arbuthnott commission suggested that that should take place post-2011, and the Government share that view.
Mr Donohoe
I am sure that the Minister will concede that nothing I am proposing today would come into effect until after this year’s elections.
David Mundell
The hon. Gentleman has proposed a very specific change to the electoral system for the Scottish Parliament. It would mean that two Members would be elected from each constituency other than the three constituencies that have been identified. Although it seems to suggest that everyone would have two votes in those three constituencies, the new clause does not appear to show what would happen to the second of their votes. He has set out his intentions in this debate, but the provisions are technically defective. However, I advise him, and the Opposition Members who have expressed clear views about how they would change the electoral system for the Scottish Parliament, to take part in any review that is forthcoming on the nature of that electoral system. That is one basis on which the Government reject the new clauses.
David Mundell
I welcome the hon. Gentleman’s analysis, but I do not think it stands up to legal scrutiny in that regard.
Mr Donohoe
Can the Minister just tell me why? I have read that provision at some length and I am clearly of the opinion that it covers the points that he says it does not.
David Mundell
The interpretation of that provision is that people in the Western Isles, Orkney or Shetland could still have two votes.
David Mundell
That is a clear possible interpretation of that provision. The hon. Gentleman is better advised making his case not on the technicalities of the wording, but on his strong beliefs about this issue.
On new clause 2, I have made clear the Government’s view that it is a matter for the Scottish Parliament to regulate the conduct of its Members and the relationships between list and constituency Members. On that basis, we cannot accept the new clause.
Mr Donohoe
On the basis of what has just been said, I am almost of a mind to press the new clause to a vote.
Let me make some points to sum up. I would argue that this has been one of the better debates on the Bill that we have had across the piece. It has at times been humorous and it has been good-humoured, which is unusual in some respects. It has also at times been useful and interesting to be able to draw out some of my long-held points of view. I am conscious that in these circumstances—given that this debate is just the beginning—we should withdraw our proposal, and so I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 3
Maritime policy
‘(1) The Scotland Act 1998 is amended as follows.
(2) In Schedule 5, section E3, leave out—
(a) the Coastguard Act 1925”.
(3) After section 90 insert section 90A as follows—
“Maritime and Coastguard Agency (Scotland)
90A (1) The Maritime and Coastguard Agency is to be treated as a Cross-Border Public Authority for the purposes of sections 88 to 90.
(2) The funding, operation and planning authority of Maritime and Coastguard Agency facilities in Scotland shall reside with the Scottish Government and the appropriate Scottish Minister.
(3) These parts of the Maritime and Coastguard Agency which are the responsibility of Scottish Government shall be known as the Maritime and Coastguard Agency (Scotland).
(4) The Maritime and Coastguard Agency (Scotland) will be responsible for maintaining and upholding domestic and international laws and obligations in the Scottish Waters.
(5) For the purposes of this section, the Scottish Waters are as defined by the Scottish Adjacent Waters Boundary Order 1999.”.’.—(Mr MacNeil.)
Brought up, and read the First time.