Constitutional Law Debate

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Department: Scotland Office

Constitutional Law

Cathy Jamieson Excerpts
Wednesday 24th November 2010

(13 years, 5 months ago)

Commons Chamber
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David Mundell Portrait David Mundell
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As the hon. Gentleman knows, this is a coalition in the Westminster Parliament, and the arrangement in that coalition was that there should be a referendum on AV as the United Kingdom voting system. I wish that his colleagues in the Scottish Parliament had perhaps pressed more strongly in their own coalition negotiations for a referendum to be the requirement for the introduction of STV for local government in Scotland.

Cathy Jamieson Portrait Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
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I thank the right hon. Gentleman for so generously giving way. If he is so keen on the Scottish Parliament making strong representations, what account is he taking of the strong recommendation from the Scottish Parliament that the referendum and the election should not take place on the same day?

David Mundell Portrait David Mundell
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The hon. Lady will be pleased to know that I read in detail the debate that took place in the Scottish Parliament on this subject. The hon. Member for Glasgow East (Margaret Curran) was able to bring to that debate her reflections on her time in Westminster. I am sure that even she would recognise that during the course of that debate, nothing was said that had not already been said in this Parliament in the debate on the Parliamentary Voting System and Constituencies Bill. No new argument was made by that day’s coalition of Labour and Scottish National party Members.

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David Mundell Portrait David Mundell
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Mr Ron Gould provided an authoritative report that is reflected in the order and in the subsequent Scottish Affairs Select Committee inquiry, but not everything that he said at the time was taken forward. As I said to the former Minister, the hon. Member for Inverclyde (David Cairns), the previous Government’s choice of proposals not to be taken forward was quite right.

Cathy Jamieson Portrait Cathy Jamieson
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I want to ask the Minister for absolute clarity on this. He has cited the Scottish Affairs Select Committee a number of times. Does he accept that Ron Gould did not tell the Committee that it was a good thing to hold the two elections on the same day? He said it would be possible to do it, but he did not endorse it.

David Mundell Portrait David Mundell
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I think that I have quoted Mr Gould in full, and I think he is quite clear—

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Cathy Jamieson Portrait Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
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I shall be brief as I know that some of my colleagues hope to get into the debate. At the start of it, we could have been forgiven for wondering why a document that should be an uncontroversial order dealing with the rules relating to elections caused so much grief and so many exchanges across the Chamber. Amid the political knockabout that went on, there is a serious point about the manner, the timing and the way in which the order has been brought before the House, which causes serious concerns about parliamentary process.

Alan Reid Portrait Mr Reid
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The hon. Lady has obviously studied the order. Can she tell us what changes to the order she would like to see?

Cathy Jamieson Portrait Cathy Jamieson
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Perhaps the hon. Gentleman will allow me to make some progress. It is important to recognise that the order contained some drafting deficiencies, which the Minister was good enough to highlight. The reason that there has been so much discussion of the order tonight is that there is unfinished business from some of the other debates that have gone on, particularly about the Parliamentary Voting System and Constituencies Bill.

Government Members may shake their heads, but the issue concerns not only the Members present this evening. It is a serious matter for the Members of the Scottish Parliament who voted the way they did because they did not believe that it was right to have the referendum and the Scottish Parliament election on the same day. That was made very clear by the Scottish Parliament’s Local Government and Communities Committee, including, as I understand it, by a member of the same party as the hon. Member for Argyll and Bute (Mr Reid) who also believes that it was the wrong decision.

The problem is that such an approach has left the people of Scotland, particularly parliamentarians in Scotland, feeling that no matter what they say or do, their votes and views do not count in this place. That is a particular problem because the Government initially set out to talk about and highlight the new respect agenda. That simply has not come to pass, and it has been highlighted once again by the delay in bringing what should have been a relatively uncontroversial order to this Chamber for debate. Perhaps an expert on the constitution and the workings of the House will tell me I am wrong, but I find it odd that we should have discussed the Parliamentary Voting System and Constituencies Bill, which refers to the order, in advance of the order itself. That seems highly unusual, and I hope that the Minister refers to that in his winding-up comments.

People keep raising concerns about holding the referendum and Scottish Parliament elections on the same day, because we have bitter experience of things going badly wrong. We understand that mistakes were made last time, and we want to ensure that they do not happen again, so I find it difficult to listen to the Minister selectively quoting Mr Ron Gould. If we are serious about ensuring that we do not repeat the same problems, we should take account of everything that the Gould report says.

On several occasions I have pressed Ministers to tell me whether they will listen to the views of the Scottish Parliament. I have heard warm words but seen absolutely no action.

Margaret Curran Portrait Margaret Curran
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The Minister referred to last week’s debate in the Scottish Parliament and my participation in it. I said that no plausible explanation had been given as to why the Scottish Parliament had not been consulted on the process. Given that the Parliament passed the relevant motion by a two-thirds majority and the Minister knows the importance of its view, does my hon. Friend agree that the Government should recognise its expressed will?

Cathy Jamieson Portrait Cathy Jamieson
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I absolutely understand my hon. Friend’s position, and she is absolutely right. I hope that in closing I can give the Minister one final opportunity to recognise the will of the Scottish Parliament and state that he not only hears it, but will do something about it.