Fiona O'Donnell
Main Page: Fiona O'Donnell (Labour - East Lothian)Department Debates - View all Fiona O'Donnell's debates with the Scotland Office
(11 years, 3 months ago)
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Michael Moore
That is a classic example of the debate that rages over whether 16 and 17-year-olds should vote in elections. I take it from that intervention that the hon. Gentleman is not a supporter. However, this is a matter for the Scottish Parliament.
Fiona O'Donnell (East Lothian) (Lab)
I thank the Secretary of State for giving way; he is being very generous. We, as campaigners, will be contacting minors to seek their views and discuss the issues. Has he had any discussions with the Scottish Government about the rules and regulations that will apply to parties engaging with people who are not yet adults?
Michael Moore
The hon. Lady hits on an important, sensitive and practical point that must be considered carefully in any legislation on this issue that is introduced in the Scottish Parliament. Until the legislation is published and people can consider its detail, her point cannot be properly examined. I am confident that the Scottish Government are alert to that issue and it is incumbent on them to bring forward appropriate proposals with the necessary safeguards.
Michael Moore
My right hon. and learned Friend highlights an important issue and principle. In the order and the political agreement that sits alongside it, we set out what we believe should happen when the referendum process is resolved in the Scottish Parliament. As I said earlier, we are observing and honouring the principles of devolution so that when a matter is devolved from this place to the Scottish Parliament, it becomes that Parliament’s responsibility, including all the details and everything that goes with it. We are not, however, disfranchised from the political debate. Plenty of MSPs offered views on this process long before it went anywhere near the Scottish Parliament, and I am confident that lots of MPs will contribute to the debate long after it has left this place, and, if it is passed, the other place as well.
Fiona O'Donnell
Will the Secretary of State confirm whether, as well as actively encouraging members of the armed forces from Scotland to register to vote, people will be encouraged to register their sons and daughters who are 16 and 17 years old? This issue will affect their lives as well.
Michael Moore
The hon. Lady adds to the points made by her hon. Friends. I am confident that all these issues will be debated in the Scottish Parliament, and I encourage her, and others, to make such representations directly. We are not stymied in this debate simply because we have passed the legal process—assuming that we do; I do not wish to take the House for granted in that respect.
Margaret Curran
I thank my hon. Friend for his intervention. May I be absolutely crystal clear? The way to stop devolution in Scotland, in its current form and in any further developments, is to vote for separation. That is the way to end devolution. If people want to continue devolution and have a strong element of devolution in the partnership that is the United Kingdom, they should vote against nationalist wishes in the referendum.
The referendum offers us the opportunity to settle the question decisively, once and for all. As my right hon. Friend the Member for Stirling (Mrs McGuire) said, this is a fault line in Scottish politics—people either support partnership with the United Kingdom or they support separation. We need to settle this once and for all, and then move away from the issue that keeps Alex Salmond awake at night to the concerns that keep our constituents awake at night.
Let me turn to the order. As the Secretary of State has outlined, article 3 removes the reservation of the power to hold a referendum on the independence of Scotland from the rest of the UK, and stipulates conditions relating to the date of the poll and the nature of the question. On this side of the House, we have argued consistently for a poll that would come earlier than 2014, as has been indicated. As business leaders, civil society and others have said, a vote conducted more than 18 months from now while the country continues to face some of the most testing economic circumstances in a generation, adds, at the very minimum, to the uncertainty faced by the Scottish people.
We would have sought an earlier poll. However, we understand the challenges faced by Government, the issues around the legislative timeline and the need to provide a full debate. As such, we hope that the period between now and the referendum itself will be used to full advantage. If I can make reference to a comment made by my hon. Friend the Member for Glasgow North (Ann McKechin, I hope that that timeline—the amount of time involved—will ensure that the Scottish Parliament has the maximum time to debate and process this issue. It should also be used to ensure that Scots are provided with a robust and informed debate. So far, Scots are not getting the information to which they are reasonably entitled, even at this stage, by the party proposing separation. There is still much more information to be given by those who are proposing separation. As the protagonists, it is reasonable to expect them to do that.
Article 3 provides the clarity that the referendum will consist of a single question, as I made reference to in response to my right hon. Friend the Member for Stirling. For a decision of this magnitude, we have always believed that this is the only way to provide absolute clarity for the Scottish people. A multi-question referendum, as some on the nationalist Benches have argued for, would not only have led to confusion but, as the Select Committee on Scottish Affairs has previously pointed out, would have been out of step with international precedents. It would also have been detrimental had we included a question for which there was no clear offering, in terms of powers to the Scottish Parliament, and no group able to make the case where there was no distinct proposal and no clarity about the details of what was being proposed.
Although the issue concerning the number of questions has been resolved, the order gives the Scottish Parliament the power to set the wording of the question. In this area, we still have several concerns. First, we are not confident that the question proposed by the Scottish Government provides those voting in the referendum with sufficient clarity. Secondly, in the light of that, we are concerned that the First Minister and the Deputy First Minister have not committed themselves to following the recommendations of the independent, objective Electoral Commission.
Fiona O’Donnell
My hon. Friend is making a reasoned and reasonable contribution. Hansard has sought clarification about whether SNP Members have today been described as “big fearties” or “big fairies”. Would she like to express her opinion?
Margaret Curran
Oh dear, dear, dear! Both. Can I say that? Would that be okay? I do understand it, however, and perhaps I can offer clarification for people. On that basis, I would certainly say both.
The agreement between the UK and Scottish Governments sets out:
“Both Governments agree on the importance of the referendum being overseen in an impartial way by bodies that can command the confidence of both sides of the campaign.”
That is an essential element of the agreement. It is not simply the oversight of the campaign, however, but how the recommendations and views of the Electoral Commission are treated by the Scottish Government that will determine whether the process is seen as impartial by the people of Scotland. If the SNP and the Scottish Government wish to reassure all participants in the referendum that they will conduct it properly, fairly and equitably, with respect to all interests, they could easily offer that reassurance by accepting the wording of the Electoral Commission. That would take us further down the road, so I hope that we can get an offer on that today. Ministers in the SNP Government have to set aside partisan advantage and approach the process with Scotland’s best interests, not their party’s, in mind, and it would be reassuring if they could clarify the matter so as not to be open to that charge. They could easily prove that they are not open to it.
The Electoral Commission’s role has to extend beyond the wording, however. We accept that the Electoral Management Board will deal with the practical arrangements for the referendum, but, to ensure the probity of the process, the Scottish Government must accept the rulings of the Electoral Commission, not just on the wording but on the key issue of campaign funding. The commission has made known its views on funding, but the Scottish Government are at odds with it. Clearly, we cannot end up in the ridiculous situation where the future of our country is determined by campaigns that have a sum total of 1p to spend per voter over the entire regulated period. We are also concerned that the Scottish Government’s proposed limits would lead to restrictions on the ability of third-party organisations, such as trade unions and businesses, to participate fully in the campaign. As I have said, the length of the campaign offers the opportunity for a full and robust debate on Scotland’s future, and surely an informed and knowledgeable voter is worth more than a penny.
Although the order will formally pass the relevant powers to the Scottish Parliament, much of the detail about how the referendum will proceed is contained in the memorandum of agreement. The status of this agreement has been the subject of some debate, however, so will the Secretary of State or the Minister confirm the status of the agreement? Does it legally bind the parties concerned? If not, what legal advice have they received regarding its status? We would have preferred the order to contain the level of detail in the memorandum, but we understand the practical considerations involved, and, as I said at the outset, the agreement and order, if taken together and if followed in the spirit and the letter, provide the basis for a fair, legal and decisive referendum. People in Scotland will not look kindly on any attempt to ignore or wilfully reinterpret the agreement or on any party playing party politics with that. Understandably, that would be seen as cynical and disingenuous.
With this order, we come one step closer to the 2014 referendum and an historic decision for the people of Scotland. The tone and tenor of our debate have to match the aspirations we have for it, so we have to move away from the confusion and muddle that have characterised too much of the discussion so far, grasp the nettle and deal with the difficult and challenging issues facing Scotland. That is what the Labour party is doing and will continue to do. The debate cannot simply be an accountancy exercise; it must be a debate where we lay out our alternative visions for the future of Scotland and its people; and a debate that meets the aspirations of generations of Labour advocates of devolution.
If I may make further reference to Donald Dewar, let me say that introspection will not solve our problems, and nor will a preoccupation with constitutional points scoring. Responding to the needs of the Scottish people is what matters. In passing the order, we will pass another milestone towards a referendum in which the Scottish people will have their say on whether to break with a partnership of 300 years or continue in the family of nations that is the United Kingdom. “Section 30” is a technical term and will not grab the imagination of too many Scots, but it will usher in a debate of enormous magnitude in which the future of families, industries, services and much else will be at stake. Today is the clarion call to get on with the substance of the issues and to determine the arguments that look to the future of that great country of Scotland.
Mr Charles Kennedy (Ross, Skye and Lochaber) (LD)
I am grateful for the opportunity to contribute what I anticipate to be briefly to this debate and in support of the opening Front-Bench speeches, which I think we have all appreciated, to a greater or lesser extent.
I begin with a personal, if perhaps philosophical, point: I have never had any difficulty, during my career or personal and private life, with the fundamental distinction —a decent, honourable and everyday distinction—between those of us who consider ourselves lifelong nationalistic Scots and those who fundamentally consider themselves political nationalists. One thing that surprises me, not altogether but somewhat, is the coyness at home from within the nationalist camp about the debate—which will, one hopes, be given further impetus by the passing of the order—and how it will develop and what will happen, depending on the outcome of a referendum. That seems rather to miss the point. To a nationalistic Scot, putting the issue of independence fairly and squarely in front of the electorate in a referendum and, in those time-honoured words, hoping for a legal, fair and decisive outcome, is a perfectly legitimate, democratic and honourable thing to do.
Equally, however, just as those of us who are still deeply committed to electoral reform—despite last year’s massive setback in losing the referendum so decisively—are not going to give up our belief in electoral reform, so political nationalists are not going to give up their beliefs, and why should they? I have lifelong friends—not active in politics—who have voted SNP come hell and high water. It might be high water now, but there have been days of hell, as all political parties have experienced over the decades. Who knows? Those days might come round again.
The First Minister’s statement that the referendum would settle the issue for a generation was an interesting, if perhaps unnecessary, one—something of a hostage to fortune. I hope that it will settle the issue for a generation—in the minds of most Scots I think that it will, if the referendum is seen to be legal, fair and decisive—but, in the mind and the heart of a political nationalist, it cannot be the final word on the matter. It will be a never-ending referendum, given that the nationalist cat is out of the bag, and we have to be honest about that with the people of Scotland. The Scottish national party has to be a bit more upfront with the people of Scotland to that effect as well. Either that, or the party signs up to the words of the First Minister, when as party leader several years ago he said that the referendum would, at the very least, settle the matter for a political generation. That would be in the best interests of Scotland, the body politic and the long-term economic prospects of the country. This afternoon provides a very good opportunity for SNP Members to subscribe to the words of their own leader, now First Minister of Scotland, and to create a degree of calm and assuredness on the other side of the referendum, whatever the result.
Fiona O'Donnell
We will be sparring again on Saturday night in a Burns supper at Lochaber high school. Will the right hon. Gentleman explain why he thinks the SNP turned down the offer from Wendy Alexander to “bring it on” in the last term of the Scottish Parliament?
Mr Kennedy
Over many years, the more I have heard from successive honourable and very good friends, such as those sitting on the SNP Benches right now, the less I have sought to try to explain anything on behalf of political nationalists. That, I think, is altogether a bridge too far. I have had a hard enough time over 30 years trying to explain the Social Democrat party, the alliance, the Liberal Democrats, the meaning of federalism and all the rest of it, without taking on additional baggage that is, I am glad to say, somebody else’s responsibility.
My second point relates to the issue of the nature of the Scotland that we have now, and what that should tell us, as we pass this order, about the conduct of the debate—the factual and political debate that will ensue. Like others who were in this Chamber at the time, I am reminded of the dog days of the Thatcher and then the Major Administrations, who set their faces like flint against any prospect of Scottish devolution, despite it being
“the settled will of the Scottish people”,
as the late great John Smith said, as evinced through vote after vote in ballot box after ballot box over election after election the length and breadth of the country. The best we got was the charade of a travelling circus, courtesy of Michael Forsyth, called the Scottish Grand Committee, which would jet into Stornoway and jet out after a few hours, having shed little in the way of light on matters. In fact, as time went on and parts of Scotland got more wise to what was happening, it generated a well-organised local or regional demo at the expense of the Conservative Government on the issues of the day that were pertinent to the borders, the Western Isles, the highlands or wherever.
As that went on, and as all three political parties experienced that frustration, I think we were against what we saw as the undemocratic control of Scotland and certainly the deeply unhealthy centralisation of power here in London. An awful lot of us voted yes with enthusiasm for devolution and welcomed the establishment of the Scottish Parliament, although—I will be honest—we never anticipated, particularly under the voting system used, that one day a majority SNP Government would be returned. I congratulate SNP Members on that historic breakthrough. We also never anticipated that a majority SNP Government in Holyrood would display the self-same centralist tendencies that were the hallmark of the Thatcher and Major Administrations. In particular, those who represented parts of Scotland outside the central belt in the outlying parts of Scotland—I know that this feeling is shared by some right hon. and hon. Members representing central belt constituencies, too, not least as far as local authorities are concerned—did not anticipate or vote for a devolutionary process that was transferring over-centralised power in the south-east of England to over-centralised power in Holyrood and across the central belt of Scotland.
Rory Stewart (Penrith and The Border) (Con)
I thank you, Madam Deputy Speaker, and my colleagues for allowing me to contribute to the debate. I feel that it is very difficult for someone who represents an English constituency to speak about this subject.
I want briefly to discuss three questions. First, should there be a referendum at all? Secondly, what are the criteria on which we should determine whether there should be a referendum? Thirdly—this takes up a point raised in the powerful speech of the right hon. Member for Edinburgh South West (Mr Darling)—why do we need more investment in information, and, in particular, the spending of more money on media debates?
The question of whether there should be a referendum is a very big issue. Traditionally, we have not had proper procedures for constitutional change in Britain. The reason this question is so important is that it matters not just in relation to Scotland, but in relation to every constitutional change introduced in this country. Britain is the only advanced democracy left in the world—in fact, almost the only country left in the world—that does not formally distinguish between constitutional law and normal law, and tries to introduce constitutional change by means of simple majorities in Parliament. That cannot be right. Every other country recognises that the constitution exists to protect the people from the Parliament: to protect them from us. We cannot, with shifting single majorities, set about changing the thing that protects the people, which is why every country from America to Italy to Greece to Spain demands super-majorities, constitutional assemblies or referendums.
The answer to the second question—why should we have a referendum about this issue?—is also extremely important, and it too relates to what was said by the right hon. Member for Edinburgh South West. It involves the very difficult issue of how political institutions such as this Parliament—this building—can define an entire identity. A serious problem with some of the arguments advanced by supporters of the Scottish National party is the way in which they have tried to trivialise the issue. They have tried to suggest that it does not really matter, and that it is possible to get rid of a single Parliament without anything really changing. My constituents are often told that nothing will change, although 12,000 of them registered as Scots in the census and more than 50% of telephone calls made from Carlisle are made to people in Scotland.
In fact, everything we know from every country in the world suggests that the fundamental, defining feature of identity is a political institution. Much more than ethnicity, much more than culture, political institutions keep people together, which is why we must have a referendum.
How do we know that? Well, I know it from my own constituency, because Cumbria was itself a nation. It was a kingdom. For 700 years, Cumbria and Northumbria ruled the kingdom that stretched from Edinburgh in the north to Sheffield in the south. Why does Cumbria not have an identity that crosses the border today? Because it is no longer a political entity. It no longer has a Parliament, and it no longer has a king. Why are French people in France different from French people in Switzerland? For one reason only: their Parliaments split. Why has Britain grown apart from the Commonwealth countries to which it was so close 50 or 60 years ago? Because the political institutions split.
Scotland itself is another example. Why is it a nation? That is a difficult question to answer. Scotland has had Norwegians in the north, Welsh Celts around Strathclyde, Irish sea raiders, and Anglians coming into Lothian. The one thing that holds it together is the community of the realm. It is the political institution that creates the nation. We in Cumbria know why that matters in Britain. Cumbria was a centre point of horror because two Parliaments and two kingdoms split apart. That border created the monstrosity.
That leads me to the question of why more money needs to be invested in the campaign, and why we need more media investigation. The answer is that the issue of political institutions and Parliaments is difficult, and perhaps even boring. It is not stuff that gets people excited. People voting in a referendum will find it hard to follow all the issues without an enormous amount of information. The Scottish National party is, of course, right to say that some of the prophets of doom who suggest that independence will lead to the end of the world are wrong. Independence will not lead to the end of the world, and that is why information matters.
Independence will not cause the war between England and Scotland to start again. Those days of savagery, murder, pillage and rape—what we saw in Cumbria for 400 years—will not return, because the world has changed. Nor will Scotland or England become a failed state. Scotland and England are extremely advanced, educated countries, each with its world-class businesses, and although both may undergo a process of difficulty and insecurity, they will subsequently be able to adjust and thrive. That is not the problem; the problem is something much more difficult and much more elusive, which anyone voting in a Scottish referendum needs to understand but will not be able to understand unless we invest money in enabling the subject to be discussed as openly as possible. That is the importance of political institutions. It is a question of understanding, as we understand in this House, why this place matters. Why does it matter that Scottish and English MPs sit together in a single Parliament? It matters because it provides the formal process for mutual consideration.
The SNP is again absolutely correct that, theoretically, there is nothing to stop Scotland being friendly to England or England being friendly to Scotland in the absence of a joint Parliament. There is no reason, theoretically, why an English MP could not take into account Scotland’s interests when thinking about their constituency in relation to common agricultural reform or agricultural subsidies, for instance. There is no reason, theoretically, why a Scottish MP in an independent Scotland could not think about England’s nuclear interests when considering the positioning of submarine bases. In practice, however, it is the formal elements of this Chamber and our Committees and Government that force us to think about each other.
I sit on the Foreign Affairs Committee. It matters that the hon. Member for Motherwell and Wishaw (Mr Roy) attends that Committee day in and day out, forcing the Foreign Office to answer questions that relate to Scotland. Instead of having to rely on good will, we have created institutions. Those institutions bring together much better people, too.
Fiona O'Donnell
Does the hon. Gentleman agree that that good will is under threat, as well as the institutions? What would be the effect on his constituents of an independent Scotland having a substantially lower corporation tax rate than England?
Rory Stewart
That is a good question, and there are many other similar questions we might ask. It is easy to come up with hypothetical examples—such as that corporation tax point—of ways in which people could grow apart, but the key point is that, without a United Kingdom, there will be no formal processes and incentives to think through such matters. At present, however, we create the forums.
I am only three months married, so I hesitate to say this as I do not know what on earth I am talking about, but it strikes me that formal institutions such as marriage force people to discuss things, to compromise and to think in ways that we might not if that formal institution were not in place. [Interruption.] Perhaps I am wrong about that, however. It was foolish of me to hold forth on the importance of that institution on the basis of just three months of married life.
The institution of the United Kingdom and its Parliament has four key benefits. The first of them is that it brings people together. Over more than 400 years it has brought together incredibly talented people, including people we barely recognise as being Scots or English, who would not have come together if we had not had a United Kingdom. It has brought together leaders of all our parties. We often forget that Scotland produced not just the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), but also William Gladstone and, indeed, the crofter’s grandson, Harold Macmillan. Scotland produced the ideas, the culture and the nation that challenges England and makes the United Kingdom better. Scotland played an important part in creating not just our modern economic theory, but the ideas behind the national health service, and also all the richness of the culture of Britain. Because we have this United Kingdom and this shared institution of Parliament, as our different strengths alter over time, we contain that within a single unity. There was a time when Scottish novels were better than English novels. There was a time when—
Mr Davidson
Yes. The amount that the Electoral Commission is proposing is similar to the cash amount that was allowed in the 1997 referendum, but as a result of inflation, its real value has halved. Our belief is that, for a regulated period of 16 weeks, the spending limits should be bigger. As I understand it, £750,000 works out at 1p per voter per week of the campaign period, and I genuinely believe that that is insufficient. The Scottish Government are suggesting that the figure should be even lower.
This is a good example of how those of us who are active in Scottish politics are free to disagree with the Electoral Commission’s initial proposals. We can campaign for it to change its mind, but, at the end of the day, everyone involved should say that they would commit themselves to accepting the commission’s decision if it does not change its mind. The Scottish Government are unwilling to do that, however. They have reserved unto themselves the right to impose their view—which is presumably what suits them best—on top of, or instead of, the Electoral Commission’s view.
Fiona O’Donnell
The order also transfers to the Scottish Government the power to decide who can make donations to the campaign. What is the view of my hon. Friend’s Committee on foreign donations being made to the campaign?
Mr Davidson
I will come to that in a second.
The Better Together campaign was unequivocal in saying that it would accept the ruling of the Electoral Commission. The yes campaign would not do so, however. It said that it would commit itself on whether to support the Electoral Commission only when it had heard what the commission’s judgment was. That also implies that it might not accept the judgment. Presumably, that position is based on self-interest.
My hon. Friend mentioned donations a moment ago. The clear issue is whether foreign donations should be accepted. Again, there is a difference between the campaigns and again I think that is based on perceived self-interest. The Better Together campaign has said that this is about the United Kingdom and that only people and organisations in the United Kingdom should be able to play a meaningful role by providing financial support. The yes campaign has said that it is prepared, in principle, to accept unlimited amounts of money in bundles of £500 or less from foreign sources. It has set up a front organisation in the United States that is designed to generate organisational support for the yes campaign and for separation. Some of those involved in that have made it perfectly clear, on websites and the like, that part of their function is to raise money for the SNP and its separation campaign.
Some people might have doubts about how much impact small amounts of up to £500 could have. When we took evidence from the True Wales campaign, which took the “no” side in the recent Welsh referendum, it said that virtually all its money had come from small donations. It was able to run an entire campaign almost entirely on small donations. Many of us will remember the publicity that was given to the Obama campaign and others in the United States—most notably, that of Howard Dean—which received a substantial amount of their money from a multiplicity of small donations. So even though the £500 limit might not appear to be a great deal, those donations could be significant when aggregated.
The major question of principle that needs to be addressed is whether the referendum in Scotland can be bought and sold with foreign gold—[Interruption.] I know that some people have heard that term before, but it is true none the less. Should the referendum be bought and sold with foreign gold? The SNP seems to have no scruples about that. However, those of us who are committed to the United Kingdom and to fair elections say that we should abide by the principle of PPERA and the guidance from the Electoral Commission. It is clear from the guidance and the spirit of PPERA, although perhaps not from the letter of it, that foreign money should not be involved in such referendums. Even at this late date, I hope that the Scottish Parliament and the SNP show confidence in their ability to raise money from Scots in Scotland and desist from taking foreign money.
Pete Wishart (Perth and North Perthshire) (SNP)
It is always a pleasure to follow the hon. Member for Livingston (Graeme Morrice); we all, in this House, enjoy hearing him reading out his speech to such great effect. I turned up to this Chamber—[Interruption.] I managed to get through two sentences before, as you have noticed, Mr Deputy Speaker, the hecklers started to kick in. Many people in Scotland have been watching today’s debate, and I wish the cameras could pan across on to the hon. Gentlemen on the Labour Benches to show the ugly face of Westminster Unionism. I was on my feet for two sentences before the heckling started and the attempts to shout me down began. Unfortunately, we commonly see that in this House.
Pete Wishart
No, I am not giving way to the hon. Lady. When I came here today, I thought that we were going to have a good, positive debate. I thought that we all agreed that devolving this power to the Scottish Parliament under section 30 was a good idea, but what have we seen? We have had such a sour debate today. We have heard personal attacks, once again, on the First Minister—we do expect those. We have heard a surly acceptance of the fact that the Scottish Parliament has a right to deliver this referendum—a thing both Governments have agreed. I thought that today would be almost a joyous affair, which is why it has been so depressing to listen to one dreary speech after the next, and all the incessant and consistent negativity. [Interruption.] Here we go again, Mr Deputy Speaker. I really hope that the people of Scotland are watching this, because they have to see how Labour Members respond to these debates. They are not interested in listening to the other part of the debate, and it is very unfortunate that, again and again, we have to listen to these voices attempting to shut things down. I believe it is a pleasure and privilege to speak in today’s debate.
Fiona O'Donnell (East Lothian) (Lab)
I am very pleased, and do not in the least begrudge sitting for many hours, to have the opportunity to contribute to this debate. This is a truly momentous moment and I pay credit, as others have done, to those who have been involved in negotiations to get us to the point at which the House—I hope this evening—can sign off a section 30 order and we can move on to the next phase.
It is a pleasure, as always, to follow my hon. Friend the Member for Kilmarnock and Loudoun (Cathy Jamieson) whose contribution had just the tone we want in this debate as we go forward. These issues are important to the Scottish people, and although there can be robust disagreement, they should always be considered in a tone of respect. I do not think there is anything worth while in life that justifies treating one’s fellow human beings badly.
That takes me neatly to the contribution from the hon. Member for Perth and North Perthshire (Pete Wishart). Until then, the tone of the debate had been reasoned, restrained and respectful. His contribution, however, had a sour tone, and I do not even know whether he is aware of that. No other Member of his party consistently adopts such a tone in his contributions in the House and other places on the estate. I do not know whether his unpleasantness informs his politics, or his politics his unpleasantness, but he is rapidly becoming the Reverend I. M. Jolly of the SNP. It may surprise some people that we have managed to debate the section 30 order for so many hours, but so many elements of this issue are important. Significantly, we have spoken a lot today about the franchise. The hon. Gentleman thought that we were being downbeat and rubbishing it, and criticising or not trusting the Scottish Government, but it is not about that.
I know that this challenge will be difficult and that it will not be possible to meet the aspirations of everyone who wants, through this order, to vote in the referendum. It is, however, important that people who are Scottish, and feel they are Scottish, know that the Parliament in Holyrood has done everything it can to make this a showcase for the world and the fair, exemplary example of a referendum that we all want to see.
This referendum divides even my own family. My daughter lives in Scotland so that will be fine and she will have a vote, but I have three sons who were all born in England but consider themselves Scottish. One lives and works in Brussels and he will have a vote, but the ones in Gateshead and London will not. I do not know whether there is a solution, but we must at least acknowledge the issue. My sons still come home and often work in Scotland and this referendum will change their lives and that of my family for ever. Their not being able to vote would be a frustration and a disappointment and all we are doing today is urging the Scottish Parliament to do everything in its power to reach the aspirations of such people.
I welcome the inclusion of 16 and 17-year-olds and would like them to be able to vote in every election in the United Kingdom. I am concerned, however, to ensure that all 16 and 17-year-olds have the right to vote and that no section is disfranchised. I remember the lessons of the poll tax. Some families were nervous about putting their young ones on to the electoral register because of that tax, and I wonder whether some parents—especially in poorer communities—might be nervous and concerned about the bedroom tax. This is not about talking down the SNP or the Scottish Parliament but about saying, “We are passing this over to you. Please make every effort to ensure that every 16 and 17-year-old has the chance to vote, and that we have the chance to engage with them throughout the debate.”
The hon. Member for Perth and North Perthshire spoke about the warm relationship that Scotland would continue to have with the rest of the United Kingdom, post the referendum and whatever the outcome, yet he mocked Conservative Members for daring to contribute to the debate. I just wanted to say that he does not speak for the people of Scotland. The majority of us realise that there are four nations that stand tall and proud to make up this family of nations, each with its own individual identity, like a tree in a forest, while under the surface our roots are entwined.
Fiona O'Donnell
Poetry in motion. That is a strength and a relationship that I believe binds these nations together.
I also want to talk about the timing of the referendum. The order says that it can be any time before the end of next year, but no one seems to have mentioned the fact that we might not have a referendum. I do not think we should rule anything out when it comes to the Government in Holyrood. It may be that they find it inconvenient to have a referendum at this time and try to find a way out, but I hope we will see the process through, because it is time. I agree with the right hon. Member for Ross, Skye and Lochaber (Mr Kennedy) and my right hon. Friend the Member for Edinburgh South West (Mr Darling) that it will not end there for the nationalists. They will not say, “Well, that’s it. It’s over—it never happened for Scotland”; it will carry on. However, it is different for those of us who believe in the family of nations. I do not think we will be calling for a referendum to take us back in five years’ time. That is perhaps the difference.
I do not exaggerate, but whatever happens, the next morning a sizeable section of the Scottish nation will be devastated by the result. We will have to pull ourselves together. That is why the conduct of the election and the process leading up to it, including the powers that this order transfers to the Scottish Parliament, are so important: so that people can see that the process is fair and transparent. We should have the involvement of the Electoral Commission as an independent body—of course we do not know what it will say: that is because it is independent. It is important that we should seek the advice of a body with such experience—and whose advice no Government here have ever rejected—so that we have a question that is fair and does not lead to or prompt a response from the Scottish people.
It is also important that, within the spending limits, the Scottish people should be allowed access to all the information they need to make a decision. I do not think it should surprise people that the SNP has called for the amount to be lower than what those of us in the Better Together campaign are calling for. Indeed, the boundaries between the Scottish Government and the yes campaign are being blurred day by day. Last night we heard Blair Jenkins, the leader of the yes campaign—the chief executive—announcing that the Scottish Government would be making various announcements in the lead-up to the White Paper. Why did that come from someone in the yes campaign? That was an announcement for the Scottish Government. There is blurring and, at times, misuse, and we need to be vigilant about that.
Mr MacNeil
Whether or not Blair Jenkins said that last night, it has been known about for ages. It was hardly an announcement coming uniquely from Blair Jenkins. If I tell the hon. Lady that the Scottish Government will have 15 papers before the end of the year, is that an announcement from the Member for Na h-Eileanan an Iar? I am just saying it.
Fiona O'Donnell
I do not agree with the hon. Gentleman. This is a man—not him, but Blair Jenkins—who kept saying, “Oh, I’m not a politician,” but then he turns up on politics programmes and makes highly political comments. Let us not kid ourselves for one moment that this is someone who is independent or separate from the SNP.
My hon. Friend the Member for Glasgow South West (Mr Davidson) should not feel bad that he seems to have a problem in his relationship with the SNP. Let us remember that in the yes campaign there has already been a trial separation between the SNP and the Scottish Greens. As I recall, there are only two of them in the Scottish Parliament, so the problem is less his and more that of the Scottish nationalists. It is about the way they do their politics.
Let me draw my comments to a conclusion. We have had a good debate today. It has set the agenda; or rather, it did not “set the agenda”—that would be arrogant —but made some helpful suggestions to the Scottish Parliament about how the debate should be conducted. Although I very much hope that the outcome will be the right one, I also hope that we have a debate and a campaign that do not divide Scotland and Britain, because that would be in no one’s interests.
The Parliamentary Under-Secretary of State for Scotland (David Mundell)
We have had a full and wide-ranging debate. I never doubted that we could fill six and a half hours with contributions from across the Chamber, representing parties across the political spectrum and, importantly, constituencies across the United Kingdom.
At Scotland Office questions, I said that I am never surprised by the actions of the Scottish National party, but I must admit that I was surprised that SNP Members left their Benches empty for a significant part of today’s debate, and did not listen to the contributions and views of others, even if they did not agree with them. The hon. Member for Moray (Angus Robertson) started the debate well for the SNP with what could almost be described as a statesmanlike contribution. However, the SNP must recognise that the tone and behaviour of the hon. Member for Perth and North Perthshire (Pete Wishart) and the somewhat erratic behaviour of the Member representing the Western Isles lead people to have concerns about how the SNP majority in the Scottish Parliament will take the matter forward.
The order that we are debating today is of the utmost constitutional significance. The right hon. Member for Ross, Skye and Lochaber (Mr Kennedy) set exactly the right tone in his contribution on the context of the debate and the political history of Scotland that has led us to this point. The order paves the way for a legal, fair and decisive referendum that will determine Scotland’s future: whether we will be a Scotland that affirms its commitment to this, our United Kingdom, or whether we will be a Scotland that chooses to leave the greatest political, economic and social union that has ever existed. I make no apology for putting my point of view strongly and passionately in this debate, and it is clear that others will also do so. Although we are discussing process today—the legal mechanism to provide the Scottish Parliament with the power to bring forward a referendum Bill—that process will result in the most important decision that people in Scotland will ever be asked to take. Separation will not be for Christmas 2014, but for ever. That is why the process has been debated so comprehensively, not just in this House but between the Governments in the run-up to the Edinburgh agreement, and will continue to be debated by parties in the Scottish Parliament.
To answer an intervention from my hon. Friend the Member for Beckenham (Bob Stewart), and to refute directly some of the comments of the hon. Member for Perth and North Perthshire, Members of this Parliament will still have a role in that debate and will be entitled to contribute to it. The issues can still be debated in this House of Commons and the other place. Our electorate in Scotland would expect nothing else.
The order ensures that the referendum will be legal, and that is why we are delivering the section 30 order. I am pleased that the Scottish Government now recognise the importance of doing that. The referendum must be fair—and it must be seen to be fair, as many Members have said. At the end of the process, no side can be allowed to cry foul—a point that the Chairman of the Scottish Affairs Committee, the hon. Member for Glasgow South West (Mr Davidson) made in his usual colourful way. The debate must be conducted on a basis of well established principles, which have applied to referendums held across the United Kingdom, by successive UK Governments, and which both the Scottish Government and the UK Government put their names to when they signed the Edinburgh agreement last October. The process must produce a decisive result.
Businesses up and down Scotland tell me that they want to get the issue resolved once and for all. They want to get on with concentrating on rebuilding Scotland's economy, to focus on jobs, housing, and people’s real concerns. The Government want that too, but we accept that following the May 2011 election for the Scottish Parliament, the question of independence cannot be ignored. We must address the issue, and we must answer the question: do we want to stay in the United Kingdom or do we want to leave it for ever?
The order will ensure that the referendum can take place. As the Secretary of State said in his opening remarks, it will ensure that the referendum contains a single question about independence, and that there will be no second question or second referendum to cloud the issue or prevent a clear result. It will ensure that the referendum can be held no later than the end of 2014, and it will ensure that important aspects of normal referendum law that would otherwise be outside the Scottish Parliament’s competence can be included in the referendum Bill, such as the rules governing campaign broadcasts and mail shots. It will also make the Scottish Government and Parliament responsible for setting the detailed rules and regulations governing the referendum. That is an important responsibility, and, as more than one Member has observed, one to which the world will pay close attention. The Deputy First Minister said that the highest international standards would apply to the referendum, and we shall all be holding her to account.
The right hon. Member for Edinburgh South West (Mr Darling), who has already played and, I believe, will continue to play an important and increasingly decisive role in the forthcoming campaign, pointed out that the Scottish Government would have to respond to the advice of the Electoral Commission on the wording of the question and the setting of the various spending limits for the referendum campaign. I look forward to hearing the Scottish Government’s rationale for the spending limits that they have devised. Apart from the argument that people do not like money to be spent during elections, I have heard no rationale that challenges the established limits set by the Electoral Commission. It is important that we, and all who will participate in the referendum, understand the reasons for the proposed financial limits.
If the Scottish Government choose not to accept the Electoral Commission’s advice, they will have to justify their decision. As a number of Members have pointed out, the UK Government’s position is clear: they have never failed to accept Electoral Commission advice on a referendum question. The Scottish Government will also have to specify the franchise for the referendum, and if they choose to extend it to 16 and 17-year-olds, they will have to answer the important questions about data protection and access to the register for information relating to minors to which my hon. Friend the Member for Epping Forest (Mrs Laing) referred. In turn, it will be for the Scottish Parliament to scrutinise the Scottish Government’s legislation. It will have to examine all the proposals carefully.
Members have expressed concern about the current operation of the Scottish Parliament. Like the hon. Members for Kilmarnock and Loudoun (Cathy Jamieson) and for Glasgow East (Margaret Curran), I was once a Member of the Scottish Parliament. At that time, when Labour was in a coalition with the Liberal Democrats and had a majority in the Parliament, it was always members of the Scottish National party who feared that their views might not be given due weight because there was a majority Government. I expect them to behave now as they behaved then in speaking up for minority views and ensuring that they are heard in the Scottish Parliament. I want them to make us confident that the Bill will be debated in a way that takes account of the views of all the people of Scotland. However, I myself am confident that my colleagues, Opposition Members and our Liberal Democrat coalition partners will be able to hold the SNP Government to account as the Bill is debated, in order to ensure that the referendum is legal, fair and decisive.
The memorandum of agreement signed by the Prime Minister, the First Minister, the Secretary of State and the Deputy First Minister on 15 October was an important first step. That was an important moment not just because of the agreement that had been reached, but because of the very public commitment given by Scotland’s two Governments to ensure that the referendum would meet the very highest standards, and that party politics and passions on both sides of the debate would not intervene in the establishment of a legitimate and fair process. It will be for both sides to stand by and live up to the agreement, and the UK Government give that commitment unreservedly.
There are clearly strong feelings in the House about 16 and 17-year-olds having a vote. As has been said, there will be a debate in Backbench Business Committee time next week, when Members will be able to discuss the topic in more depth. I believe any decision by the Scottish Government to allow 16 and 17-year-olds to vote will not achieve a partisan objective, as I am confident that when the votes are counted we will see that support for remaining an integral part of our United Kingdom comes from young and old alike.
Fiona O'Donnell
Does the Minister share my pleasure in the latest poll result, which included 16 and 17-year-olds and showed that the Better Together campaign currently has a 20-point lead?
David Mundell
I was very pleased to see that, but I am not complacent and all of us who support Scotland’s remaining part of the United Kingdom must get out and about in Scotland, under the leadership of the right hon. Member for Edinburgh South West, and make sure we get our message to all parts of Scotland.
The hon. Lady made a point about 16 and 17-year-old sons and daughters of servicemen. The hon. Member for Airdrie and Shotts (Pamela Nash) and others stressed the need to allow our servicemen and women and their partners to vote, and there are procedures in place for that, but there are no procedures for their 16 and 17-year-old children. The Scottish Government must address that matter.
There has been much consideration of the Electoral Commission, and all Members who spoke about it—apart, perhaps, from those on the Scottish National party Benches—made it clear that they would accept the views of the Electoral Commission, even if it did not adopt their party’s position on the referendum question and funding. We should all welcome the fact that under this agreement the Electoral Commission will play a role, because only a few months ago the Scottish Government did not wish the Electoral Commission to play any part in the referendum, and wished instead to set up their own electoral commission.
To those who asked what would happen if the Scottish Government did not follow the advice of the Electoral Commission, I say this: the people of Scotland will not take kindly to being played for a fool. Public trust is a precious commodity and, as the First Minister discovered following his recent comments on the EU, it can be quickly lost. I say to Alex Salmond, “Ignore the advice of the Electoral Commission at your peril.”
We have not heard about process alone in this debate. We have also heard about why this order matters. It matters because people want to get on with the real debate. Not only politicians, but ordinary people in Scotland, and each and every one of us who will be asked to cast a vote, want to hear about the real issues.
It is perfectly legitimate for the UK Government to set out Scotland’s current position within our United Kingdom in a series of papers, which we will do this year. The hon. Member representing the Western Isles tells us we will have 15 papers from the Scottish Government. We look forward to that, but I hope they shed more light than anything we have heard from them so far.
The agreement reached between the UK and Scottish Governments will ensure that a referendum on Scottish independence can take place. The section 30 order we have debated today ensures that there will be a single-question referendum on independence before the end of 2014. The memorandum of understanding ensures that the referendum will be based on the principles set out for referendums held across the UK. Together, the order and the memorandum mean that we can have a referendum that is legal, fair and decisive. I believe we are better together in the United Kingdom than we would ever be apart, and I commend the order to the House.
Question put and agreed to.
Resolved,
That the draft Scotland Act 1998 (Modification of Schedule 5) Order 2013, which was laid before this House on 22 October 2012, be approved.