Constitutional Law

Part of Oral Answers to Questions — Health – in the House of Commons at 2:52 pm on 15 January 2013.

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Photo of Ian Davidson Ian Davidson Chair, Scottish Affairs Committee, Chair, Scottish Affairs Committee 2:52, 15 January 2013

I speak to the report of the Scottish Affairs Committee on the subject. I welcome the fact that we have reached this stage and that we are having a referendum. The Committee makes clear our view that the Edinburgh agreement was reached by compromise and consensus between Scots at Westminster and Scots at Holyrood. We congratulate both teams.

It is noticeable that the agreement has been made by Scots, not just between the two Parliaments. Much congratulation has been given to the Secretary of State, but kind words are due to the Under-Secretary of State, David Mundell, who also played a role in the exercise, and to their teams who constructively engaged throughout. In the same spirit, the Deputy First Minister, the Business Manager of the Scottish Parliament and their teams should be congratulated too.

The deal was reached by a process of collaboration, discussion and debate. It demonstrates that even though the two sides are far apart on the principle of separation, they were none the less able to come together to debate and agree the best way forward procedurally. That is important.

The Committee takes the view that it is right in principle that the practical details of the referendum be handled in the Scottish Parliament. Once our report was published, I read comments from a member of the SNP, who said that it was grudging. Our report is not grudging about the process; we believe it is right in principle that the procedural details be agreed in the Scottish Parliament, but with that power comes responsibility. The referendum will be Scotland’s shop window on the world, so it has to be handled with pride and probity. We have heard from SNP Members that it will meet the gold standard for election conduct. I hope that is true. As we said, we fear the worst but hope for the best.

We need to look at how agreement about the process will be handled in the Scottish Parliament. The Scottish Affairs Committee may diverge from some of my colleagues on the role of the Electoral Commission. In line with how the deal in Edinburgh was reached, we take the view that the best possible option is for the two campaigns themselves to come to agreement. It is better that the participants in the referendum reach agreement on all the procedures. If that fails—if it is not possible—it will be appropriate for the Electoral Commission to play a role.

The title of our report asks “Can a player also be the referee?” We have some doubts about whether a player active on behalf of only one side can be trusted to set fair rules for something as crucial as the referendum. If consensus cannot be achieved, we want the impartial Electoral Commission to guide us as to what should be decided.

The third and worst option—below consensus and below the Electoral Commission: at the very bottom—would be the pursuit of factional advantage, which could be described as the “aggregation of marginal gains” by the majority with control in the Scottish Parliament and who dread defeat. The point has already been made that the Scottish Government control the Scottish Parliament and they are both the creatures of the SNP. There is genuine fear that at every stage of the process, they will seek to shave advantage, steal inches and make marginal gains on the principle that mony a mickle maks a muckle—that is a test for Hansard.

It is important that scrutiny of the section 30 order and its implementation does not end with its passage through the House. Those of us who are elected by Scots in Scotland, such as my parliamentary colleagues and me, must remember that we represent a larger number of Scots than Members elected to the Scottish Parliament, as turnout in our election was at least 10% higher. If anybody can claim the right to speak on behalf of Scots in Scotland it is us.

We began our investigation by seeking to clarify where power lay for the determination of the rules of the referendum. It is clear and, I think, universally accepted that as of now the Scottish Parliament does not have the power to hold a referendum. Until recently, the Scottish Parliament was unwilling to accept that and prevaricated for a long time over calls for a second question, which it has now abandoned. That prevarication and procrastination delayed both the introduction of the order and the legislation that will come under it, and thus the referendum itself.

It is now clear that the Scottish Government accept that the Scottish Parliament does not have the power to run a referendum or to determine the rules, and that they can only conduct a referendum to dissolve the United Kingdom if the necessary powers are granted to them. When granting such powers, especially as we will no longer have an influence on how they are conducted, we have a particular responsibility to satisfy ourselves not only that the correct powers are being transferred but that they will be used in accordance with the agreement between the Governments, which is related to the order.

I welcome the fact that much is made in the order of the role of the Electoral Commission. Guidelines are set and there is no second question. There is a deadline for the length of time that the process can run. The Scottish Parliament can and will be held to account, not only by MSPs but by the people of Scotland on the extent to which it abides by those rules. The Committee and I particularly welcome the fact that the statement accompanying the section 30 notice expressed the view that arrangements should meet

“the highest standards of fairness, transparency and propriety, informed by consultation and independent expert advice.”

That is an exceedingly high standard, and I hope that the Scottish Government and the Scottish Parliament will live up to it.