Scotland Bill

My Lords, for obvious reasons, I shall be brief. The purpose of this opposition to Clause 1 standing part of the Bill is to probe what appears to be a selective implementation by the Government of the Calman commission’s recommendations. I say ““appears”” because I am not entirely sure, and I shall explain why I use that word. Clause 1 devolves to Scottish Ministers powers that currently reside with the Secretary of State for Scotland pertaining to the administration and conduct of Scottish Parliament elections. However, it appears that it does not devolve these powers in their entirety. The purpose of this debate is simply to probe why it is that the Government have sought to retain the reservation of some of these powers apparently contrary to the recommendations of Calman. I can assure noble Lords that I do not intend to press this issue to a vote. However, I hope to draw out from the Minister a more comprehensive account than I have been able to ascertain so far of the rationale behind the Government’s choice of powers for devolution in Clause 1. It may be simply that all the powers which are clearly about the administration and conduct of Scottish Parliament elections have been devolved and that those that are, in part or totally, about the electoral system have not. If that is the answer and it can be explained, I will be happy to accept it. It is my understanding that Clause 1 devolves responsibility for the conduct and administration of Scottish Parliament elections and for the consequences of irregularities. However, it reserves powers, particularly, in relation to the registration of electors, the abandonment of a constituency poll or notice of it countermanded, the procedure for filling regional MSP vacancies—an issue to which we will return in another amendment—and the application and modification of electoral law. I would be grateful if the Advocate General could confirm whether this is an exhaustive list. If it is not, what else is reserved? The Calman commission made a clear recommendation in paragraph 5.1 of its report that the powers of the Secretary of State for Scotland relating to the administrations of elections to the Scottish Parliament should be devolved. However, the commission did not discriminate between such powers as to their suitability for devolution. In contrast, it stated explicitly that it was unconvinced that there are strong constitutional or practical arguments against their devolution, particularly when considering that responsibility for local authority elections is already devolved to the Scottish Parliament. This view was widely supported across civic Scotland and by political parties. By choosing to devolve powers over certain administrative functions but not others, the risk is that Clause 1 will continue the fragmentation of responsibility for Scottish elections, which is precisely what Gould, among others, identified as being the key factor in the chaos of the Scottish parliamentary and local government elections on 3 May 2007—chaos which, as we all know, resulted in the disenfranchisement of in excess of 100,000 Scottish voters. We must avoid that at all costs. From the Scottish Parliament’s point of view, both its previous and present Scottish Bill Committees recommended that the list of powers that remain reserved in this area should be reduced. In particular, the committees highlighted powers over the procedure for filling regional seat vacancies and rules relating to disqualification as more properly residing with Scottish Ministers. It is vital that the lessons from the 2007 elections are heeded and that the responsibility and rules surrounding Scottish elections are rationalised. The devolution of powers over the administration of Scottish parliamentary elections is a natural reflection of the Scottish Parliament’s maturity as a democratic body and of the principle that matters should be determined at the level closest to those—the Scottish people—that are affected by them unless good reason can be seen otherwise. I have initiated this debate simply to ask the Minister to set out good reasons for each of the powers for the administration of elections that remain reserved so that the House may judge whether they are compelling reasons and whether we are being faithful to Calman. House resumed. Debate on whether Clause 1 should stand part of the Bill resumed.