Scotland: Devolution

Lord Maclennan of Rogart Excerpts

Wednesday 29th October 2014 Lords Chamber

[Lord Maclennan of Rogart (LD)]

My Lords, the referendum in Scotland was ultimately satisfactory in that it gave us time to consider how to reform our constitution in a fairer way. The anxiety that I felt was in part due to the possibility that Britain would be broken up and we would cease to have influence on international events affecting our future. It seems that less consideration has been given to the part we play in global government, and to the susceptibility of this country to decisions taken against us, than to looking at the navel. We need to contemplate that as well as the fairness of the arrangements between theusb different nations and regions of the United Kingdom. Consequently, I am concerned that the decision to appoint the Smith commission to consider taxation and care has been taken with such a tight schedule. It seems, however, that it is at least possible that the implementation of the Smith commission recommendations will have more time, since the publication of the Bill to implement these matters will not be the date on which conclusions are reached.

The Government have said that the Bill will not necessarily come into effect before the next general election, and that will give a certain amount of time for scrutiny—the proper scrutiny that we need to give. I take the point that the noble Baroness, Lady Royall, made from the Front Bench opposite: we need to rethink our constitution. The scrutiny should not be done by individual political parties; we need a constitutional convention, which should be a high priority. I do not see any reason why the three main British political parties cannot now set up such a convention. I do not think that it should go on for ever, but it should certainly have enough time not only to take into account the outcome of the next general election and to reflect on the Smith of Kelvin recommendations but to consider subsidiarity. What issues can be decided in national or regional Governments and Parliaments that do not adversely affect the other parts of the United Kingdom? If we grant huge tax-raising powers to Scotland, it may also give the power to England, which is considerably wealthier than Scotland, to distort the distribution between the member nations and regions of the country.

I recommend that the three main political parties get together now and agree on how to involve the general public in such a convention and how to ensure that it is not just a political sword fight, and that information is given by those who are expert in all the areas that this needs to involve. We have heard the suggestion from the noble and learned Lord, Lord Hope of Craighead, that we should look again at the judicial consequences. I totally agree with him in criticising what was said by Lord Salmond—by Mr Alex Salmond, I mean—about appeals to the Supreme Court. If we are to have a national constitution, it should certainly be subject to review by such a judicial process.

I cannot urge more strongly the need to make the decision about the constitutional convention now, well before the election, when people can jockey for position. It should be made now, and the people participating in this should be drawn from a wide cross-section of the community and nation at large.