Constitutional Law

Part of Oral Answers to Questions — Health – in the House of Commons at 5:03 pm on 15 January 2013.

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Photo of Ian Murray Ian Murray Shadow Minister (Business, Innovation and Skills) 5:03, 15 January 2013

I will take your guidance, Mr Deputy Speaker. My hon. Friend has his remarks on the record. That issue will be a concern to many Members of this House and to the people of Scotland.

I was going through issues on which I have concerns about the section 30 order, and what the SNP Government might do with it. I was talking about the First Minister taking credit for falling unemployment, but blaming everyone else when it goes up. We have had the arc of prosperity with Ireland and Iceland, until they went bust; then it was Norway, and now it is back to Iceland again. We have been told that Scots should not have taken part in Team GB, but the First Minister has taken credit for the gold medals—indeed, some SNP Members in this House play in the UK parliamentary football team. The issues are there for people to see.

We have seen the SNP Government espouse a nuclear-free Clyde, while changing their 60-year opposition to NATO. They want a nuclear-free Scotland, but it is okay for a US submarine to sail into Faslane and launch a nuclear weapon from Scottish shores. That is a ludicrous position which is yet another fudge on the Scottish people. They are changing their own rules to suit themselves, and that is why they might change the rules of the section 30 order to suit the referendum. Mr Deputy Speaker, I sense that I may be ruled out of order shortly, so I will say merely that the list is endless, and move on.

To emphasise what the Scottish Affairs Committee has said, the Scottish Government cannot be both player and referee with regard to section 30. The Electoral Commission has a vital role as an independent overseer of the process that includes critical aspects of funding and, most importantly, the wording of the question. The commission sent an updated briefing to hon. Members, and the first thing it says about the section 30 order is that the commission will have responsibility at the referendum for assessing the intelligibility of the proposed question. That is a critical part of its involvement, and this is where my discomfort lies.

The Minister deserves credit, along with the Secretary of State, but he was questioned in the House more than a dozen times during the debate on the Edinburgh agreement about what mechanics would be used if the Scottish Government ignored the commission’s recommendations, and all he could say was that he was confident that the Scottish Government would do the right thing and that the Scottish people would judge their actions. The SNP’s track record on straight answers about Scotland’s future shows that it has form in this area, and it would be wrong not to put on record that that is a real concern. The commission has been involved in every election in recent history. Its involvement in the AV referendum resulted in the question being changed on several occasions until it and the Government were satisfied that it was fair. No Government have ever overruled the commission, and the First Minister should not be the first to do so. This decision is the most important that Scotland has faced for 300 years, and that makes the role of the commission integral to the entire referendum process.

The commission’s role is also integral to campaign funding. The order does not give any details about funding, so it will be dictated by the memorandum of agreement between both Governments signed as part of the Edinburgh agreement. The commission will make recommendations after a consultation, but the SNP has already indicated that it would overrule the commission on several points, including in respect of much lower limits for businesses and unions to campaign, as my hon. Friend Anas Sarwar, the deputy leader of the Scottish Labour party, indicated. Those limits are much lower than those recommended for the AV and Welsh referendums in respect of the umbrella campaigning groups and, as he also said—this point stuck in my head—even lower than for local government elections. Those of us who have helped run those elections know how low those limits are for getting information out to electors and voters, who deserve to have the information in front of them so that they can make an informed decision. The people of Scotland deserve as much information as possible in order for them to decide whether Scotland is better together or separate from the rest of the UK.

Then, there is the question itself. The SNP has been challenged time and time again to say whether it would abide by the commission’s recommendations on the question, but it has refused to commit to answering. Angus Robertson, the leader of the SNP in the House, was questioned four times during his contribution, and all he could say was that the Scottish Parliament would have regard to the recommendations. Any SNP Member could intervene now and say, “Yes, it’s a matter for the Scottish Parliament, but the SNP and the Yes Scotland campaign will abide by the recommendations, whatever they are, of the commission.” The fact that they have not done that sends out a very strong message that our concerns about the question, with regards to the section 30 order, are not just valid but very real.

It is critical that the commission’s recommendations be respected, otherwise the Scottish people will not get the fair and transparent referendum that they ought to have. The section 30 order passes the power to the Scottish Parliament, and I am proud that the party with a track record of devolution will be wholeheartedly supporting it. We will continue to scrutinise the process both in this place and in Holyrood to ensure that the decision is decisive, legal and fair.