Constitutional Law

Part of Oral Answers to Questions — Health – in the House of Commons at 1:19 pm on 15 January 2013.

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Photo of Margaret Curran Margaret Curran Shadow Secretary of State for Scotland 1:19, 15 January 2013

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.