United Kingdom: Treaty of Union

Part of the debate – in the House of Lords at 3:01 pm on 25 January 2007.

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Photo of Lord Falconer of Thoroton Lord Falconer of Thoroton Secretary of State, Department for Constitutional Affairs, Secretary of State for Constitutional Affairs and Lord Chancellor 3:01, 25 January 2007

My Lords, I do not think the noble Lord has quite understood what happened in Scotland in 1997. It was not a question of which was the biggest or the smallest party; the Conservative Party did not have one MP in Scotland. It is no surprise to anyone in the House that the debate came down so firmly in favour of the Treaty of Union and the maintenance of the United Kingdom. That is the Government's position and that is the position of the vast majority in this House. Together, over the past 300 years, England and Scotland have achieved things which I am sure would be entirely beyond their reach as separate countries. The union has created a model of a country of different nations and plural identities sharing common values and a common patriotism.

It has never been the case that the union should mean uniformity. It was born out of different interests. The English were concerned to secure the Protestant succession, and therefore to secure political stability and security. The Scots were anxious to gain access to the markets not only of England, but of England's growing overseas possessions. The Scots were also concerned to preserve their Presbyterian system of church government from what they saw as the potential tyranny of the episcopate. I agree with the point of the noble Lord, Lord Patten, that discrimination against Roman Catholics is wrong. While I agree with his basic points, there are of course so many other things that would have to be changed in the treaty and Act of Union to correct that that it is an issue for another day.

The English wished to preserve their episcopal system of church government from what they saw as the potential anarchy of Presbyterianism. Each side equally wished to preserve its distinctive system of law. The commissioners for the union appointed by each Parliament took these differences of view and deeply felt concerns and—despite what the noble Lord, Lord Steel of Aikwood, said about historical research—wove them into a union which has lasted for 300 years. They took the approach that diversity should continue except in those areas where a common approach was required. This was a union of two Parliaments, two nations which had hitherto simply shared a sovereign, to create a new nation and a new Parliament.

Over the years, the union and the political stability it has brought have contributed to the greatness and the economic strength of the United Kingdom. A small, offshore country tucked away in the north-west of Europe at one time ruled half the world. Everyone is aware of the contribution that the Scots have made to that process, as engineers, explorers, soldiers—as referred to by the noble Viscount, Lord Trenchard—doctors and merchants. The larger English economic, political and military strength provided opportunities that the Scots could never have forged alone, but the contribution of the Scots significantly enhanced the nation's ability to take advantage of them.

The new state fostered a new cohesion and a British national identity, ushering in a period of extraordinary national success. There can be no doubt that the creation of the United Kingdom Parliament was an essential precondition for Britain's economic, social and democratic development, and for Britain's rise as a world power. It was also one of the important factors in the growth of a British way of life based on active citizenship, a volunteering spirit and a strong civic society. The treaty created the largest free trade area in 18th-century Europe. It is no exaggeration to say that building on the back of that has made the United Kingdom the world's fifth-largest economy. It is a significant market for Scottish goods and services. This, and our shared language, currency and geographical proximity are reflected in the fact that nearly two-thirds of exports from Scotland are to the rest of the UK. The Scottish economy is now a fundamental part of the wider UK economy.

The Government entirely agree with those speakers who point to the continued importance of the union in sustaining our present position in the world. Yes, our particular concerns have changed. In England, we no longer fear the invasion of foreign powers through the back door of Scotland. The Scots no longer crave access to England's colonial trading routes. In turn, as a result of 300 years of union, we share, as the debate has revealed, increasingly deep family and cultural ties. This interconnectedness is mirrored in every field of life: cultural activities of all kinds, a wealth of charitable activity and a host of personal and family connections. Many Scots make their homes and careers in England, as do many English people in Scotland. Many families have relatives in both nations, as we have heard today. Almost one in 10 of the people living in Scotland was born in England. The union represents our values and gives them expression to the world. Our constituent nations have retained their separate identity, but at the same time have drawn from each other. We have a fully integrated economy—not only between England and Scotland, but between all parts of the United Kingdom.

Divisions within the island of Great Britain—as everybody but the noble Earl, Lord Mar and Kellie, said—would be a significantly retrograde step. Even if all the parties remained within the EU, barriers and differences of economic policy would distort our markets. I saw a report last week that, in an independent Scotland, the Scottish National Party would seek to jettison the pound and introduce the euro, thus introducing an exchange rate question into trade between England and Scotland—not moving on into the future, but reversing 300 years of history.

Globalisation will pose increasing economic challenges. To improve our competitiveness in that increasingly challenging world, we must continue to enjoy economic stability which provides the framework and opportunity for people to create wealth. The union has played a huge part in providing economic stability. The union stood against Nazism in the Second World War, and created the National Health Service in the years that followed. It was, and is, a collective undertaking. It should not be put in jeopardy.

Unfortunately—and this is where there has been debate today—there have been disagreements about whether particular policies enhance or damage the union. It has been suggested that, in introducing devolution, or not changing it, the Government have put the union in jeopardy. We emphatically reject that allegation. Devolution, as I have said, was essential in securing and strengthening the union. It is unclear whether those questioning devolution today accept that proposition. Do they think devolution was necessary, post-1997? If they do not, what do they say should have happened?

Scotland, Wales and Northern Ireland all have legitimate concerns that the overwhelming number of Members of Parliament representing English constituencies means that specific Welsh, Scottish and Northern Irish concerns can get lost when legislated for by the Westminster Parliament. Devolution provides the right balance between local and national concerns. It frees the constituent parts of the United Kingdom to innovate local solutions for local problems. If there are different policies in different parts of the United Kingdom, that is one of the purposes of devolution. Yes, the arrangements are asymmetric, but if we were seeking symmetry or even logic in the UK constitution, we would have to tear up most of it. We are not about constitutional symmetry. We seek practical changes for practical goals. The great strength of our constitution is its effectiveness. It can accommodate difference and rough edges in support of wider goals of national unity, affiliation to the institutions of the state and the service of those institutions to the public.

But—and this is my second point of disagreement—I do not believe that it can accommodate an English Parliament or its proxy, the seductively entitled "English votes for English laws". The noble Lord, Lord Shutt of Greetland, was right when he said that the critical point in this debate is not support for the union, which, with the one exception I referred to, all noble Lords are in favour of. Instead, the question is how best we achieve it. The big issue raised by this debate is whether English votes for English laws would promote the union or would, as I believe, be a significant step towards the break-up of the union.

Make no mistake: if we were to introduce English votes for English laws in the other place—and I note that there does not seem to be any suggestion that it should be introduced in this House—that would simply be the first step on the way to an English Parliament, and the break-up of the union would follow. I echo the words of my noble friend Lord Anderson who said, "Those who blow on the flames of English nationalism may find that those flames consume the union". I agree that that is what proposals about English votes for English laws would do.

Why, it has been asked, should there not be English votes for English laws when the Scottish Parliament votes on Scottish issues? The reason there is a Scottish Parliament is because England is over 80 per cent of the United Kingdom. England has over 80 per cent of the population, over 80 per cent of Members of Parliament and over 80 per cent of the country's GDP. If we had English votes for English laws, how would the system work? I cannot better the speech of the noble Lord, Lord Goodhart, who explained the absurdities and impracticalities that would arise. If we take what he said, and take it one stage further, all noble Lords would agree that the Government of the day must be formed by the party that commands a majority in the House of Commons. Is it seriously suggested that we could have a Government of the nation that could not pass legalisation in relation to England? That would be the effect of what is proposed. It is obvious that the moment that we do that, we end up in a situation where the United Kingdom Parliament gets completely dominated by English issues. The point of devolution is not a federation, because most constitutional experts who look at the concept of federation say that about 30 per cent is the largest that any one member of a federation can be without completely dominating it to the exclusion of its other parts. It is not a practical proposition, and it inevitably leads to an English Parliament.