Referendums (Scotland) Bill: Stage 3

Part of the debate – in the Scottish Parliament at on 19 December 2019.

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Photo of Adam Tomkins Adam Tomkins Conservative

At stake here is a very simple principle that has applied to every referendum that has been held in the United Kingdom since the creation of the Electoral Commission. The principle is that ministers propose referendum questions, the Electoral Commission tests those questions, with the interests of voters being put first, then Parliament decides, on the basis of recommendations that are made to us by the Electoral Commission. The cabinet secretary is seeking to rig the rules, which is completely unacceptable.

Throughout this entire process, the Electoral Commission has been robust, fearless and entirely consistent. Earlier in the process—at stage 1—the Electoral Commission said that it

“firmly recommends that it must be required to provide views and advice to the Scottish Parliament on the wording of any referendum question ... regardless of whether we have previously published our views on the proposed wording.”

We are now at stage 3, and the cabinet secretary, both at general question time earlier and in this debate, is wilfully misleading Parliament about what the Electoral Commission is saying. In its briefing, the Electoral Commission says:

“we continue to be of the view that should a future referendum on Scottish independence be brought forward, the Commission should be required to reassess the question regardless of whether it will take place within the” so-called “validity period” of the cabinet secretary’s imagination. It says that that

“will ensure confidence in the legitimacy of the referendum result.”

Only one amendment in the group would give effect to the independent Electoral Commission’s view. That is amendment 3, which is in my name. The amendments in Mr Russell’s name continue to do him quite a disservice, because they are dishonourable. He is trying to rig the rules of a future referendum in this country to suit his partisan interests. The Parliament’s Finance and Constitution Committee unanimously recommended that he should not be allowed to get away with that. The committee unanimously recommended that Mr Russell should seek the “agreement” of the Electoral Commission—not its satisfaction, although it is not really “satisfied”—before stage 2. He manifestly failed to do that. He has not even sought, achieved or attained its agreement before stage 3. The Electoral Commission is not “satisfied” because, as the bill stands, reassessment of the intelligibility of a referendum question that has been used previously will not be required. Why is that the cabinet secretary’s position? He thinks that the position suits the Scottish National Party, but it does not suit voters.

As I said earlier this afternoon, if we are serious about passing legislation on referendums that meet the highest international standards of best practice, Parliament will accept my amendment and reject all of Mr Russell’s amendments in the group. This Parliament should not stand for rigging of future referendums.