Constitutional Law Debate

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Department: Scotland Office
Monday 2nd February 2015

(9 years, 3 months ago)

Commons Chamber
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William Bain Portrait Mr William Bain (Glasgow North East) (Lab)
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It is a privilege to speak in this debate as the chair of the Labour Campaign for Electoral Reform, the organisation within the Labour movement that speaks and campaigns for political and constitutional reform. Labour can trace the origins of its commitment to these great causes back to Keir Hardie more than a century ago. It was he who first called for an elected second Chamber and for a powerful home rule Scottish Parliament through strong devolution. I regret we cannot honour the third of his commitments—his strong desire to see the cause of temperance furthered across the UK—but we will honour every element of his commitment to political reform in this modern Labour movement.

Rarely in this House do debates on statutory instruments range beyond the specific matters they address, but this debate signifies two wider forces shaping the future of these islands. First, devolution and good governance across these islands will be strengthened by the delivery, as promised, of the Smith agreement, of which this draft order is the first legislative stage. Secondly, the rights of citizens across the UK demand a new political and constitutional settlement, including: votes at 16; the replacement of the unelected other place by an elected second Chamber; substantial further devolution within England; and making devolution and human rights protection permanent within our constitutional arrangement. It is increasingly clear that the order must be the first stage in generating a codified constitution for the UK to put all these changes beyond the day-to-day conflict of partisan politics. I shall address each point in turn.

The strength of the devolution settlement, originating in the devolution referendum of 1997 and the original Scotland Act 1998, is clear in this evening’s debate. An agreement between five of Scotland’s political parties on transferring powers in connection with the franchise in Scottish parliamentary and local government elections, resulting in the devolution of those powers in law within a matter of weeks, will ensure that 16 and 17-year-olds can vote in next May’s Scottish Parliament elections and in the council elections in Scotland the year after. We are achieving together the progressive cause of extending the right to vote in these elections to tens of thousands of young people in Scotland. This stands as a further testament to the work of the late Donald Dewar in crafting a devolution settlement capable of evolving and meeting popular demand in Scotland, and we will see much more evidence of that in the weeks following the general election this May.

The incredible enthusiasm and level of engagement by 16 and 17-year-olds in last year’s referendum proved all the doubters wrong, so with this draft order today, the Scottish Parliament will have the power—the full powers—to make full post-16 voting rights a reality in devolved elections. I recall speaking to a young man on the doorstep in Riddrie in my constituency on referendum polling day. He expressed with remarkable insight and knowledge the evidence and beliefs that had motivated him to participate at the age of 17 in his first democratic election. How many more young people will become active in their communities and in wider society and stand for elected office themselves because of their experience in the referendum campaign last year?

Iain McKenzie Portrait Mr Iain McKenzie (Inverclyde) (Lab)
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Many hon. Members, regardless of political party, have made much of continuing that engagement with young people and getting access to our schools in order to discuss with our young people who are about to be 16 the relevance of politics to their lives. We have seen an awakening among young people, so I encourage each and every Member to carry on with that. I am about to meet 100 young people from Inverclyde schools to discuss such matters on Friday.

William Bain Portrait Mr Bain
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My hon. Friend makes an important point, and he is a champion of engagement in his own constituency. I hope that will be remembered in Inverclyde in just a few weeks’ time.

All the evidence from Demos and the Electoral Reform Society demonstrates that the earlier young people participate in democracy, the more likely they are to remain voters in the future. Sixteen and 17-year-olds can pay taxes, get married, join the armed forces and act as company directors. It is an absurdity that they have been denied the right to be full members of our vital democratic processes for so long.

This debate reminds us that we have a duty to make it easier for young people to be able to vote, and it is a warning about the effects of the botched introduction of individual voter registration being presided over by this Government. In its present form, it could have the effect of removing the right to vote for thousands of young people in Scotland and across the United Kingdom.

This is indeed a good day for democracy, but not a perfect one. I hope that most right hon. and hon. Members will not rest until votes at 16 are introduced for elections to this House and for the elected Chamber that must replace the unelected other place. I hope leaders at EU level will show boldness in extending the franchise at European parliamentary elections to 16 and 17-year-olds too, offering hope to those currently suffering the most from low wages and high unemployment due to the problems in the eurozone economy.

The order demonstrates that grass-roots campaigns for political reform can bring change in this House and to our country as a whole. Just as the Chartists campaigned for democratic rights, trade unions campaigned for the enfranchisement of working class people and the suffragettes campaigned for the enfranchisement of women, so today’s order is the further realisation of their ambitions for a society where everyone can participate, and where government, at whatever level, is more responsive and accountable to all the people of this country as a result. The British Youth Council has campaigned tirelessly for votes at 16 for years, and today is the first recognition of the justice of its campaign in parliamentary and local government elections. It will not be the last.

The debate on this order shows that the governance of the British state is changing and that the pace of that change must increase in the coming years, so we must see a constitutional convention to produce a coherent plan for devolution in England, recommend proposals for an elected senate, consider how the role of human rights protection can be strengthened within our constitution and explore how all our governance arrangements can be made permanent in a single constitution, binding us all as citizens of the United Kingdom.

These are changes worth fighting for: a modern democratic constitutional settlement that can reflect our common links, but also our diversity across these islands. Today marks the first element of that change, but it also shows us the potential to see what can be if we have the boldness and courage to act early in the next Parliament.