Constitutional Law Debate

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Department: Scotland Office

Constitutional Law

Gordon Banks Excerpts
Tuesday 15th January 2013

(11 years, 3 months ago)

Commons Chamber
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Angus Robertson Portrait Angus Robertson
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The position will be exactly the same as that of the UK Government: the Scottish Government will listen to the Electoral Commission’s advice and the Scottish Parliament will then decide.

Gordon Banks Portrait Gordon Banks (Ochil and South Perthshire) (Lab)
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Will the hon. Gentleman give way?

Angus Robertson Portrait Angus Robertson
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I will not give way again, as I have already made the point three times on the same question.

Before having to reiterate the same answer for the third time, I was making the point that the procedural issues flowing from the section 30 order will be resolved in the Scottish Parliament, and that is a good thing. That proposition that Scotland should be a sovereign nation has a long and honourable tradition. In this House, it goes back to long before the permanent parliamentary representation of the Scottish National party, which began in 1967, or indeed before the arrival of the first SNP MP in 1945. It is worth remembering the role of Robert Cunninghame Graham, who was elected as a Liberal MP for North West Lanarkshire in 1886 and was commonly described as the first socialist MP in this House. As the founder and first president of the Scottish Labour party, and the first president of the Scottish National party, he consistently supported independence.

The call for a direct Scottish voice in the world has a long tradition, too. It includes the attempts by the Scottish Trades Union Congress to secure Scottish representation at the Versailles peace talks. For more than 75 years, the SNP has sought to restore Scottish independence through the democratic process. I am extremely proud to follow a great many outstanding democrats who furthered the cause of Scottish self-determination—a vision for all in Scotland, regardless of where we come from. Sadly, some true giants of that movement have recently passed away and will not be here for the referendum, including Jimmy Halliday, the SNP chairman during the 1950s, who passed away just before Christmas. I also reflect on the recent passing of Stephen Maxwell and that a few years ago of Professor Sir Neil MacCormick. I would have wished them all to have been here to be a part of this great debate and decision that we will make in Scotland. We genuinely stand on the shoulders of giants: those who have made the case for self-government and given their time and effort to make progress through the democratic process. This section 30 order is a testament to all who believe in the democratic process, democratic debate and the sovereignty of the people. Our challenge—this is for those on both sides of the referendum debate—is to ensure we do this in a way worthy of the proposition, the opposing case and, most importantly, the electorate.

In conclusion, I believe that the best future for the people of Scotland—a fairer, more economically successful, more outward-looking and internationally engaged Scotland—will be secured by a yes vote in the referendum. I believe we can secure an improved relationship on these islands, based on mutual respect and the social union, which is not dependent on where Governments and Parliaments sit. Let us pass this section 30 order today so that we move on to debate that vision and so that the people make their decision.

--- Later in debate ---
Gordon Banks Portrait Gordon Banks (Ochil and South Perthshire) (Lab)
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The spirit of consensus has been a key characteristic of today’s debate on the passing of this order. We support the order, as my hon. Friend the Member for Glasgow East (Margaret Curran) has already said, and we support the fact that the Scottish people should be in the driving seat and making the decision. However, a huge of amount of debate needs to take place before the people of Scotland make the biggest decision on the constitutional future of our country since 1707. I pay thanks to the many groups and organisations that provide us with a number of briefings, such as the Law Society of Scotland.

We have heard interesting and stunning contributions from Labour Members: my right hon. Friend the Member for Edinburgh South West (Mr Darling), my hon. Friends the Members for Glasgow South West (Mr Davidson) and for Glasgow Central (Anas Sarwar), my right hon. Friend the Member for Stirling (Mrs McGuire), my hon. Friends the Members for Edinburgh South (Ian Murray), for Edinburgh North and Leith (Mark Lazarowicz), for Livingston (Graeme Morrice), for East Kilbride, Strathaven and Lesmahagow (Mr McCann), for Kilmarnock and Loudoun (Cathy Jamieson) and for East Lothian (Fiona O'Donnell). I will take some of the issues they have raised today and explore them a little further.

My hon. Friend the Member for Glasgow South West spoke in support of his own Scottish Affairs Committee report and argued for the need for losers’ consent in this process—an important point to make. He also argued that it is the responsibility of the losers to accept the result for a generation or more, as has been stated by the First Minister in the past. My hon. Friend brought to the debate the question of whether the SNP can be both player and referee, and spoke of the need for the Electoral Commission to be the only referee.

My hon. Friend the Member for Glasgow Central spoke about keeping his country together and about a fight. I tell him this: it will be a fight, but I will be standing shoulder to shoulder with him. Rightly, he stated that a yes vote in 2014 will last forever. He also highlighted that 45% of SNP voters do not support independence and that often the SNP’s actions do not match its rhetoric.

My neighbour, my right hon. Friend the Member for Stirling, exposed the antics of the SNP and spoke of the need to carry the referendum debate forward positively on all sides—such comments have been made by many hon. Members, but have not always been delivered by the words that followed. My right hon. Friend made the important point that, by our actions today, a great responsibility has now been placed on the Scottish Parliament and the Scottish Government.

My hon. Friend the Member for Edinburgh South spoke about how it was Scottish Labour that delivered devolution and improved it. He expressed concern over the SNP’s control of the Scottish Parliament, and its singular function in and out of Holyrood to deliver independence rather than to address issues, such as food bank queues in his constituency. He also asked whether we can trust the First Minister and said that the jury was out on the SNP Government’s ability to be fair—a view that I think is possibly shared by many Labour Members.

My hon. Friend the Member for Edinburgh North and Leith highlighted the concern that it will be damaging for Scotland if the days following the referendum are filled with rancour. As my hon. Friend the Member for Glasgow South West said—I think my hon. Friend the Member for Edinburgh North and Leith alluded to the same fact—the losers need to accept the outcome of the referendum. He also called for the Electoral Commission to take the role of the referee in this process.

My hon. Friend the Member for Livingston reminded us that the Scottish constitutional future is really all about the future of the Scottish people. He was unconvinced that the nationalist majority in Holyrood would not be used to act in a partisan way. My hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow sought assurances on the role of the top civil servant in this process in Scotland and how the civil service must not be silenced for doing its job. I will come back to that point. My hon. Friend the Member for Kilmarnock and Loudoun called for a reasonable and respectful debate, and respect for the Electoral Commission’s role—a strand running through many contributions from Labour Members. She also referred to the lack of support for the commission coming from the SNP. The burden being passed to Holyrood is great. Our devolved Parliament must prepare a Bill that presents the people of Scotland with a clear choice: whether or not to separate from the rest of the UK. There can be no fudged question with undue bias. In the light of that, it is paramount that the Scottish Government pay heed to the commission’s recommendation. That argument has been well made by my hon. Friends.

I want to pick up some more points made during the debate. My right hon. Friend the Member for Edinburgh South West expanded on the need for a fair question and the fact that the Scottish Government must accept the commission’s view. My hon. Friend the Member for Glasgow South West again talked about the weasel words from the SNP over its biased question and how it had no reason not to accept the commission’s view. He also confirmed that no self-respecting polling organisation would ask such a question—no surprise there. My hon. Friend the Member for Glasgow Central said that voters must have a clear question, that the commission should decide on the question and that it should not be for politicians to decide. We should respect the role and independence of the commission. That way, the question will be seen as fair.

Angus Brendan MacNeil Portrait Mr MacNeil
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Will the hon. Gentleman give way?

Gordon Banks Portrait Gordon Banks
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If the hon. Gentleman can control his E numbers and sit down, he will have plenty of opportunity to get in later.

My hon. Friend the Member for Edinburgh South expressed concern about attempts to sideline the commission on the issue of the question and challenged the SNP to accept the commission’s advice, but there were no takers at that point in the debate. My hon. Friend the Member for Livingston also called for a question that was approved by the commission.

Angus Brendan MacNeil Portrait Mr MacNeil
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Will the hon. Gentleman give way?

Gordon Banks Portrait Gordon Banks
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The hon. Gentleman will have a contribution to make later, I am quite sure.

The commission is extremely well respected, and no Government or Assembly within the UK have ever failed to reach agreement with it on such issues. [Interruption.] I am sorry, but the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) is wrong. The Deputy First Minister claims to hold the commission in high esteem. Why, then, can she not give an unequivocal assurance that the Scottish Government will implement its recommendations? Particularly given that the Scottish Government are, for the first time in the history of the Scottish Parliament, governing with a working majority, it is appropriate that extra care be taken to ensure that the process is open and transparent.

The order states that the referendum must be held before the end of 2014. The Opposition, as well as our colleagues in Holyrood, had hoped that the Scottish Government would bring forward that date in order to end the uncertainty over Scotland’s constitutional future. Frankly, we could be forgiven for thinking that after 80 years the SNP would be ready to put this to the ultimate test—the test of the Scottish people. It is surprising that it is so reticent. Without doubt, it would be in Scotland’s best interests to have this decision made as soon as possible, but the Scottish Government appear prepared to take it to the wire. It is therefore essential that in that time we show the benefits of remaining in the most successful political and economic union the world has ever seen.

Funding is another issue that has been addressed in the debate. My hon. Friends have made valid contributions on this issue, and I want to pick up on them now. My hon. Friend the Member for Glasgow East raised the issue of a 1p spend for each voter in Scotland—and you know what you get when you spend a penny! My right hon. Friend the Member for Edinburgh South West, however, said that to secure a respectable turnout and a clear decision we need to spend money. That was further amplified when he advised us of the turnouts in Quebec in 1980 of 85%, and in 1995 of 93.5%. He also spoke about the importance of the commission playing a continuing role, but he expressed his doubts about how the permanent secretary in Holyrood might be restricted in ensuring that the Scottish Government, in the regulated period, play a neutral role. We all share his concern.

It is crucial that both sides of the argument are able to fund their campaigns effectively, but it should be clear that funding should not be rigged to benefit one side to the detriment of the other. To have a referendum on the future of Scotland within the UK, but with businesses and unions limited in their ability to campaign by imposing lower spending limits than the Electoral Commission recommended, and to have a referendum on the future of Scotland within the UK but with far lower spending limits for the umbrella campaign groups than was recommended by the Electoral Commission and that were in place for the Welsh referendum and the AV referendum: these will both be seen for what they are. In short, to have the Scottish Government as a referee and player will in itself be seen for what it is.

Labour Members feel that the Electoral Commission is the most appropriate body to deal with these arrangements, and we are happy to be bound by its proposals. It is the body best placed to offer independent advice on such matters. We heard a contribution from my parliamentary neighbour the hon. Member for Perth and North Perthshire (Pete Wishart) in answer to a question about whether the Scottish Government would accept the Electoral Commission’s advice. His answer was, “Yes, yes, probably.” I am prepared to sit down to allow him to intervene to take away the “probably” and leave the “yes, yes”. No takers? There’s a surprise.

The Scottish Parliament is now ingrained within Scottish culture, and it has matured as a legislature. I believe that it is the feeling of this House that it is not for the Scottish Government in isolation to decide how to present the referendum to the people of Scotland. The Government must recognise that the people of Scotland deserve nothing less from their Government than an open, balanced and transparent referendum process. From this day forward, it will be unacceptable to the people of Scotland if the SNP uses its majority status in Holyrood to railroad through unfair outcomes on the question, funding and overseas donations. Indeed, on this matter, the First Minister could do worse than take the sound advice in last week’s report of the Scottish Affairs Select Committee.

There is so much more to discuss, including the day, the extended length of the regulated period and the extension of the tariff to 16 to 18-year-olds. Let me say a word or two on this final matter before I finish my remarks. If 16 to 18-year-olds are to be included in the franchise, it must be all 16 to 18-year-olds, as my hon. Friends have argued in the debate—not just the attainers, which would be an unacceptable cop-out. The impact of the shift from household to individual voter registration, which will be going on at the same time, should also be recognised. My point to the Scottish Government, then, is: “So do it, yes; but do it right.”

I visit schools in my constituency as often as I can. On Friday last week, I met a small group of sixth-form pupils in Alva academy. When I raised the issue of 16 to 18-year-olds voting, the merits of the idea were discussed. I was heartened to be told by one pupil that she was desperate to get the chance to vote: she wanted to vote, she was committed to vote, and she could not wait to go into the ballot box to show her support for Scotland within a strong United Kingdom.

It is essential that Scotland’s future is decided by the Scottish people through a referendum made in Scotland. The future of Scotland is too important for any party to play games with, and I hope the Scottish Government will listen to this debate and understand that they must put any thoughts of their own individual ambitions aside and do what is best for the Scottish people.

This must be a fair, legal and decisive referendum, and for this to take place the Scottish Government must accept the findings of the Electoral Commission. The burden of responsibility that has been placed on the Scottish Government is, as I have already said, great. They must show respect to the Scottish people, do right by the Scottish people and put any desire to create the rules for their own advantage to one side. To do anything less will damage Scotland and the Scottish Parliament’s international standing, which would be intolerable.

The eyes of the world are watching Scotland and we have a right to expect the Scottish Government to act in the best interests of Scotland in providing a fair and transparent referendum process. The First Minister can do this, or his Westminster colleagues can do it here today. It is simple: agree to accept the proposals of the independent electoral expert in the UK—the Electoral Commission. This is the standard that I believe the people of Scotland have set for the Scottish Government, and they cannot be allowed to fall short of it.