Queen’s Speech Debate

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Department: Ministry of Justice

Queen’s Speech

Lord Elder Excerpts
Monday 1st June 2015

(8 years, 11 months ago)

Lords Chamber
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Lord Elder Portrait Lord Elder (Lab)
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My Lords, I wish to make a few brief reflections on the present position in Scotland and a further point on the electoral system generally in the light of the election result and the announced legislative programme.

We have still to introduce the most important Calman recommendations, never mind the more recent recommendations, relating to finance. I declare an interest because I was a member of the Calman commission and was heavily involved in its discussions. Calman reported in 2009—almost exactly six years ago—and those important recommendations have taken far too long to be introduced. I do not understand why it has taken so long. After all, the tax proposals in the original White Paper were on the statute book within about two years. For this to have taken more than six years is astonishing.

We should remember that the original Scotland Act included a referendum not only on the general issue of devolution but also on the separate question of setting the tax rate within, certainly, fairly narrow bounds. This would have affected Scottish Government income by plus or minus £1 billion in the figures of the time. However, it was a start and Scotland voted to have that power. It was not, however, to the taste of the SNP and so the power was simply dropped by it. It was supported by Scotland but was inconvenient for the Scottish National Party. It was an interesting turn of events and one to bear in mind as we are told by the Scottish National Party what Scotland wants.

I make this point because I am keen to get away from the position where all we hear from the Scottish Government is about new powers—by which they mean new powers to spend—with no real requirement to raise some of the money themselves. Setting tax rates will help to rebalance that, especially as the Scottish Government have finally apparently realised that fiscal autonomy is not at present a realistic possibility.

The Scottish Government always want more powers but, as was shown on finance, they do not want—at least within the present system—to have more responsibility for raising them. The Calman proposals were designed to do both. In the eyes of Holyrood, everything that is spent in Scotland is the result of their efforts, and everything that they cannot do is the fault of Westminster for not giving them enough money. There is recent and mounting evidence that in matters such as cancer screening and in some key areas of education policy standards in Scotland are falling, and that is not Westminster’s fault.

Those of us who wish to remain in the United Kingdom need to remember that there are no circumstances in which the SNP will not say that it wants more powers. It is much keener to do that than to argue on policy matters because it knows that that is the one thing on which it can unite the party. We need to be much more assertive in pointing out how badly it is using some of the powers it already has. We need to keep our nerve in saying, as the Scottish people did 12 months ago, that there is still need for central powers and to be part of the United Kingdom.

The original Scotland Act 1998 set out what was reserved, not what was devolved. We need to bear that in mind. We cannot endlessly chip away at what is reserved and still remain, in any real sense, a united kingdom. However, that is what the Scottish people voted for. The SNP may never win a referendum on independence. There is enough evidence from, say, Catalonia and Quebec that you can have national movements which press for more powers but ultimately —at least so far—get no further than that. It would be absurd if we were to respond every time to nationalist pressure for more powers and find that independence had been reached more or less by accident.

My final point, which is very different, relates to the electoral system which has produced the recent general election result. I say this with fear and trepidation. My preferred electoral system would be a central parliament elected by first-past-the-post dealing with central economic policy, defence and foreign affairs, and to devolve from that parliament the rest, as far as possible, with increasing degrees of proportionality as we get nearer to the community. I say in parenthesis that the SNP’s enthusiasm for devolution is for devolution from Westminster to Edinburgh and not from Edinburgh to anywhere else. They are a very centralising Government.

However, I fear that that will not happen and so, reluctantly, I have to conclude that the present system, which has given absolute power to a Government with only just over a third of the votes cast and denies effective representation to other parties which have polled millions, is no longer fit for purpose. If we cannot change the structure of government, we need to address the issue of the voting system. I support strongly the idea of a constitutional convention, which must look at all the matters that have been discussed already. However, I fear that the time has come when we must also consider whether the present electoral system can continue.