Skip to main content

Proceeding contribution from Lord Sewel (Labour) in the House of Lords on Tuesday, 10 January 2012. It occurred during Ministerial statement on Scotland: Constitutional Future Statement.


Scotland: Constitutional Future Statement

As one of those who sat for many hours and nights and days and months—it sometimes felt like years—trying to secure the passage of the original Scotland Bill through your Lordships' House, I welcome this bold Statement by the Government. It is absolutely right; if anything, it is slightly overdue. On two particular issues, first, can I observe that it is important that there is a time limit to the referendum? It is absolutely vital for the future of Scotland that the matter of independence is settled quickly and clearly without doubt. It is holding back the whole progress of Scotland economically and socially, and that must be resolved. Secondly, on the franchise, I would have thought that the answer was simple. If you want effectively to replace or modify the Scotland Bill, the franchise ought to be the same as the one that was used to secure the proposals on the referendum in the White Paper at that time. One great advantage of the Government’s proposal is that it will avoid the dreadful situation and ultimate catastrophe whereby, if the Scottish Parliament played the matter long and it reached a stage where a referendum was about to be called, any individual could take the Parliament to the courts on the basis that the proposal was outwith the vires of the Parliament. That would be a most unsatisfactory situation. It is important to make the vires issue absolutely clear, and I think that the Government are absolutely right in drawing attention to the vires being decided on purpose and effect. That deals with the whole vires issue. If the constitution is reserved, anything to do with constitutional change, because it is purpose and effect, must also be reserved. I come on to a slightly sensitive issue—


Secondary information

Type
Proceeding contribution
Reference
734 c67 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Devolution Legislative competence Powers Public consultation Referendums Scotland Sovereignty Scottish Parliament Self-determination of states Scottish Government
Legislation
Scotland Act 1998
Link
View this Proceeding contribution on www.publications.parliament.uk