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Except for history and sport, what divides us from England? We are not divided by religion; we speak the same language; and we are of the same race and colour. There is not even a natural geographic divide between the two countries. When I was driven north by my parents, we believed that we were in Scotland when we crossed the Solway. I now notice that the Border is about a mile further up the road nearer to Gretna.

Scotland is not an oppressed colony seeking freedom. As the noble Lord said, Scots played a dominant role in the discovery, settlement and administration of the British Empire. They played a major role in the growth of the British economy. Even today, Scots play a leading role in the government of the country. Our present Prime Minister was born and went to school in Scotland. The next Prime Minister, who will be there for as long as he wants, is Scottish. The leader of the Liberal Party is a Scot and I am sure that, given his name, David Cameron has Scottish ancestors somewhere.

If the Scots had wanted independence, they could have voted for it at any general election in the past 50 years by voting for the SNP. If a majority of SNP MPs had been elected, no British Government would have refused to negotiate or call a referendum. But the Scottish people have steadfastly refused to do this—nor will they in May or any future election. The Scots like to moan about the English and what awful people they are. They like to support any football or rugby team playing against England, wherever that team comes from. But they also want to enjoy the enormous social and economic benefits that union with the rest of the UK brings.

The SNP tries to pretend that it is a modern, social democratic party, but it clings to a concept of nationhood that has no basis other than some romantic historic memory. It is significant that the party holds a rally every year at Bannockburn, believes that Scotland was defeated at Culloden and wraps itself in the Scottish flag. In a modern, democratic, high-tech world where trade and the economy are global, where the internet has brought to all nearly all the knowledge that we require and where we travel freely across the world, seeing and sharing a multitude of cultures, nationalism appears old-fashioned and narrow-minded—a philosophy of the 19th and early 20th centuries with little or no relevance in the modern world. While the leaders of the SNP represent the face of reason and argue a case, seemingly based on reason, too many of their most ardent supporters base their nationalism on hatred of the English, not on any love for their own country.

It would be a major blow to both England and Scotland if the bond between them was broken. Devolution has created some anomalies but, as I have said, they are no greater than the anomalies that were there when the noble Lords, Lord Forsyth and Lord Lang, were Secretary of State. The British constitution is riddled with anomalies; this House is, after all, probably the biggest anomaly of all. We amend these anomalies when necessary. I do not believe that the present relationship between England and Scotland needs any amendment at this stage. Let us celebrate

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and enjoy throughout the United Kingdom the benefits that the union brings—personally, socially and economically—and let us, on all sides, stop harping on about the few problems and grievances that exist.

11.57 am

Lord McNally: My Lords, it is always a pleasure to follow the noble Lord, Lord Forsyth. He is one of the kind of bare-knuckle politicians whom I admire. He has not yet fulfilled the prediction that I made when he entered the House—that he would make an immediate putsch for the leadership of the Conservative Party—but I would recommend that the noble Lord, Lord Strathclyde, keep an eye open. It is also a pleasure to follow the noble Lord, Lord Maxton, who of course in his way is a part of one branch of Scottish aristocracy—the red Clydesiders.

The truth is that, whatever the political settlement agreed between the different peoples of these islands, we are bound together by an entanglement of history and the realities of geography. I am of Irish origin, some 150 years ago—both sides of my family come from County Mayo. I have never checked back, because I fear that we may have left without paying the rent. I recall a visit by Jack Lynch—then the Irish Prime Minister—to Downing Street when I worked with Jim Callaghan. The receiving line consisted of Denis Healey, the Chancellor, Bernard Donoghue, head of the policy unit, and Tom McCaffrey, head of the press office. When Jack Lynch reached me he said, “Is this my delegation or yours?”.

I emphasise those Irish roots because the tragedy of Ireland serves both as a lesson and a warning. Gladstone said 120 years ago:

Ireland has cast such a long and bloody shadow over our politics throughout the 20th century, in part because politicians sought to use the problems of Ireland for short-term political gain. One of the reasons why I wanted to participate today was in order to listen carefully to what was said by noble Lords on the Conservative Benches. I sincerely hope that they are not contemplating a 21st-century version of playing the Orange card by stoking up a spurious kind of English nationalism because, if they do, they may release a genie from the bottle with dire consequences for the union.

I listened to what the noble Lord, Lord Forsyth, had to say about the English question. Perhaps I can recommend especially to noble Lords on the Conservative Benches a book in the Library, The English Question, edited by Robert Hazell. It is a collection of studies of this issue by British academics which does not set out the stark choices outlined by the noble Lord, Lord Forsyth. He referred to Balkanisation. It is interesting to note that, when I was a schoolboy, Balkanisation was a pejorative term; it was a description of failure. But in recent years, not least in the Balkans themselves, we have seen Balkanisation, with many countries smaller than Scotland opting for independence, so an independent Scotland would not look out of place in a community

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of nations. If our union is to continue, it has to do so because of shared values and interests, as the noble Lord, Lord Forsyth, said, and because of mutual benefit.

I watched the debate on “Newsnight” between Douglas Alexander and Alex Salmond, and I have to say that I found it sterile and unsatisfactory in many ways, not least because neither of them seemed to argue for what I would coin the third way. I hope that, over the next few hours, Members on these Benches will expand on that third way. I have never had any trouble identifying myself at a number of levels. To take the Tebbit test, I support Blackpool at football, Lancashire at cricket, England at football and cricket, Great Britain at rugby league and Europe at the golf Ryder Cup. Likewise in my politics I can see tasks best suited to the European Union, some to the UK Government, some to national and regional government and some to local government. It has been a constant theme of this party to move power from Whitehall to the level of most effectiveness—that horrid word, “subsidiarity”. In fact, we have the most overcentralised government in the western world, and I hope that a number of my colleagues will develop themes in terms of the English regions, Wales and Cornwall.

We will hear from my noble friend Lord Steel, who will address the specific question raised by the Barnett formula and his own work on that. Here I pay tribute to my noble friend for his contribution to the establishment of the Scottish Parliament and carrying through devolution. We will hear from my noble friend Lord Mar and Kellie. It will be a distinctive view. Harold Wilson once said that every dog has one bite, and today my noble friend will have his bite. I hate to challenge him, because he has an encyclopaedic knowledge of the skulduggery and chicanery of Scottish politics going back 600 years, not least because his family seems to have played a major part in that skulduggery. We will also hear from my noble friend Lord Maclennan of Rogart, who with the Cook-Maclennan report set in motion moves towards the Scottish Parliament, of which Members on these Benches are extremely proud. Lastly, yesterday I had the pleasure of hearing the leader of the Liberal Democrats in Scotland, Nicol Stephen, speak to us. He set out an inspirational vision, one in stark contrast to what we heard from the noble Lord, Lord Forsyth, and we can go into the forthcoming elections in Scotland with a track record of good governance and a positive vision of Scotland’s future.

Members on these Benches will continue to argue that the union will be stronger if we embrace genuine devolution with significantly more powers for the existing devolved bodies and a renewed attempt to devolve power to the English regions. The late Donald Dewar described devolution as,

If we see it that way and work with imagination and generosity of spirit to devolve power and decision-making, we will achieve that win-win situation of a United Kingdom strong enough to be a major influence on world events and with a constitutional settlement that respects and enhances the identity of

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our constituent nations. In that way, and in contrast to Gladstone’s prediction of losing Ireland as a foe, we will retain Scotland and other parts of the union as friends, and in this House we will welcome a Scottish Prime Minister from whichever party he may come.

12.05 pm

Lord Anderson of Swansea: My Lords, like the three previous distinguished speakers, I come to celebrate the union, not to bury it. I make no apology for intervening as a Welshman because this debate relates to the future of the union as a whole.

I make but four brief observations. First, it is unlikely that the union question would have been raised at earlier anniversaries. Clearly, there is now a Scottish question, to a lesser extent a Welsh question and, as I shall come to shortly, certainly an English question.

Secondly, what are the roots of the present challenges to the union? Even in Scotland in the 1979 referendum the statutory hurdle was not reached and in Wales there was a 4:1 majority against the devolution proposals. Less than 20 years later, in the new referendums there was a massive majority in Scotland and a bare majority in Wales in favour of the proposals. Why? What had happened during those 20 years? Obviously, one cannot separate the question from the UK political context. In 1979, the proposals were put forward by an unpopular Labour Government. In 1997, the proposals were made by a Labour Government after an overwhelming Labour election victory. Yet there were wider reasons. To provoke the noble Lord, Lord Crickhowell, who will speak after me, I say that some of the responsibility must lie with the Conservative Government after 1979, who failed to recognise that there is a Scottish question and failed to follow the example of Disraeli over the franchise and partially to steal their opponents’ clothes. The party fell into a narrow English nationalism, with the result that it lost all its seats in Wales and Scotland in the general election of 1997.

It is interesting to speculate what would have happened if, after 1979, instead of ignoring and neglecting the problem, the Conservative Government had instituted a form of indirect election to an all-Wales body drawn from Welsh local authorities. Those super-councillors would then have had a vested interest in maintaining the new body. Perhaps that speculation is like asking whether Ireland would still be in the union if the wise home rule proposals of Gladstone had not been defeated by the unionists in the 1880s.

Thirdly, the problem is now exacerbated by the West Lothian or West Glamorgan question. Opinion polls suggest that half the English want independence, perhaps for economic reasons. In my judgment unwise initiatives and slogans such as, “English votes for English laws”, by those from the unionist tradition could have negative consequences. Those who blow on the flames of English nationalism may one day find the union consumed by them. Perhaps because of the dangers we should recognise that some problems have no solutions, or at least no solutions without unacceptable consequences.



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Finally, as the noble Lord, Lord McNally, said so well, surely the real problem is how in the post-imperial world we can best accommodate differences of national identity within the union. The problem is not confined to the United Kingdom. There is the Quebec problem in Canada and that of Catalonia and the Basque country in Spain. Even in Napoleonic France there are pressures for recognition of regional identities.

Part of the solution may be to recognise multiple identities. In time the European Union identity, the United Kingdom identity and the internal national identities may all be considered valid. Perhaps we have been too complacent and inflexible. First, we should be ready to sing the praises of the union, which has given us all a greater weight and led to a greater sharing of resources within it. I note with regret that when on 17 January, for example, the United Kingdom Ministry of Defence announced the establishment in the Vale of Glamorgan of the training centre for the entire UK Armed Forces, no voice in Wales that I heard stated that this was one of the benefits for us in Wales of the union.

Secondly, we should give a warm welcome and recognition to the Scottish and Welsh dimensions of our national politics, including incrementally transferring more power to the Scottish Parliament and Welsh Assembly, but also avoiding centralising power in Edinburgh and in Cardiff by strengthening local authorities. In short, we should seek creative ways of reshaping our constitutional arrangements to respond to this search for identity, perhaps like Spain evolving an autonomy à la carte, which may be necessary because of the disproportionate population and the economic weight of England, and because of the lack of a sufficient regional identity in the English regions shown in the referendum in the north-east.

The fact that England does not wish to be divided into smaller units means that a classic federal solution is unlikely, but we are probably sleepwalking according to the normal British tradition in the direction of a quasi-federal structure. At some point along that road, we shall have to consider a constitutional court to adjudicate on disputes and other features of classical federalism, but there are many termini on the road from the current unitary Government with their devolved Administrations to fragmentation and independence.

12.11 pm

Lord Crickhowell: My Lords, I must first thank my noble friend Lord Forsyth for giving us the opportunity to debate this important issue. We all know why Mr Gordon Brown has belatedly stepped forward as a defender of the union. He fears that his perfectly honourable ambition to be Prime Minister and effective in that role may be under threat. We also know why Mr Peter Hain, equally ambitious, is presenting himself as the passionate defender of the union. It appears likely that the Labour Party will be dismissed from office by a thoroughly disillusioned Welsh electorate in the May elections for the Welsh Assembly.



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Mr Peter Hain’s campaign is particularly curious. If you really want to defend something, it is a mistake to put all the blame for the fact that it is threatened on those who share your views. Conservatives share his opinion that the advantages and benefits of the union are compelling. He is also right that the case does not rest on economic arguments alone, but even more on the family ties that bind us. Yet in the Western Mail he alleges that,

At Welsh Questions in another place last week he attacked the leader of the Opposition and the shadow Secretary of State for Wales for what he termed,

It is an odd constitutional doctrine that if the governing party loses the confidence of the electorate, other parties should not try to find common ground to provide an alternative Administration. I believe that it is their duty to do so. Even more absurd is the charge that it is myopic Tories who are to blame when it has been a succession of Labour Governments who have been blind to the foreseeable consequences of their own devolution measures.

In 1976 Tam Dalyell, a Scotsman sitting for a Scottish seat, placed the problem in the centre of the debate when he posed the West Lothian question. Speaking in another place on Labour’s White Paper proposals in that year and after referring to the fact that Scottish and Welsh MPs would be powerless in their own constituencies, I said:

Almost exactly 30 years ago, in January 1977, we debated the Government’s Bill. The explosive nature of the West Lothian question had become even more apparent, and the indignation of the English electorate was being roused. Twenty-one years later, debating the then Government of Wales Bill in this House, we came back to the issue. I spoke of,

The next time the dog appeared it was in the very well trained and placid form of the Bill introduced by my noble friend Lord Baker of Dorking in the previous Session. Unless we find a solution, we may not be so fortunate on a future occasion. It is likely that next time it will be a dog with a vicious bite.

Mr Hain in his Western Mail article referred to the historic and fundamental principle of equality between all Members of Parliament and suggested that English votes for English laws would result in second-class status for Wales, Scotland and Northern Ireland. He

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seems not to understand that Labour’s devolution legislation has already destroyed the historic and fundamental principle, creating a situation in which the English may well believe that they are now the second-class citizens.

The union of our country is too valuable to be left in this dangerous state of instability. We have no option but to return to the proposition so admirably presented by my noble friend Lord Baker. I press the point of the social reason that I referred to earlier: the family ties that bind us. A few years ago I wrote a family history. I concluded the introduction with the observation that,

A vast number of others on these islands are in the same position.

Let us join battle to defend the union, not on the grounds of personal ambition, however honourable that ambition may be, but because we are all members of a family with a shared history, shared interests, shared values and shared hopes.

12.18 pm

Lord Steel of Aikwood: My Lords, I begin with an apology. When I put my name down to speak in this debate, it was scheduled to last two and a half hours. Although I am delighted that it has been extended to four hours, it creates a problem for me because in the mid-afternoon I have to catch a plane to fulfil a long-standing engagement in Edinburgh this evening. I hope that the noble and learned Lord the Lord Chancellor and others winding up this debate will acquit me of any discourtesy.

I welcome the debate and the action of the noble Lord, Lord Forsyth, in initiating it, but I must chide him gently for his slightly shaky grasp of history, as his Motion is incorrect: the 300th anniversary that we are celebrating this month is not of the Treaty of Union but the passing of the Act of Union by the Scottish Parliament. The treaty was negotiated in the summer of 1706. However, we will let that pass, because a much more serious deviation from true history is conducted by the nationalists in their current campaign. They would wish us all to believe that the people of Scotland were against the union at the time. That is simply not so, and I am very grateful for a recent article by Professor Dickinson for pointing out that most people in Scotland, as in England, were at the time in favour of the union. Why was that so? It was partly because of the experience of the Union of the Crowns for a century, and partly because of the economic catastrophe of the Darien scheme, and the wasteful competition between Scotland and England in colonial adventures. The merchant companies of Edinburgh and Selkirk were ruined by the experience. There was overwhelming

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support of long standing for the union to be turned from simply a Union of the Crowns into a union of Governments.

Where it went wrong was in between the agreement of the treaty and the drafting of the legislation. During the period from October 1706 to January 1707, the support that had existed for the union turned to opposition because of the nature of the proposal. People had wanted to retain the Scottish Parliament, but no one had yet devised any satisfactory federal system. It is part of the argument made by the noble Lord, Lord Forsyth, that no one has yet devised a satisfactory federal system. The argument was against an incorporating union, and even such as well known Scottish patriot as Fletcher of Saltoun, in his speeches from 1703 to 1706, was arguing for the union, not against it. Public opinion and the riots in Edinburgh were driven by the nature of the incorporating union abolishing the Scottish Parliament. I argued in debates during the passage of the Scotland Bill that the abolition of the Scottish Parliament was never accepted by the people in Scotland. That long-standing grievance and injustice was put right by the Scotland Act and by the re-creation of the Scottish Parliament. That is to be warmly welcomed.


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