The right hon. Gentleman will, I am sure, realise that we have all moved on in the last 100 years and that things change and we have become different people, but I think the majority of people in these islands identify as British. We saw that in the referendum result and the feelings expressed across the whole of this nation, and the important thing is that we remain a United Kingdom. With the devolution being introduced today, which will be a continuing devolution, we must nevertheless remain a United Kingdom. I believe I speak on behalf of the vast majority of people in Great Britain when I say that.
What concerns me about the Bill, however, is how the Sewel convention will be implemented. The Smith commission recommends that the Sewel convention be placed on a statutory footing. However, despite the Secretary of State’s contention that the Bill will implement the commission’s recommendations in full, in my view clause 2 falls short of fulfilling that promise.
In the 1998 debate on the Scotland Bill of that year, Lord Sewel said:
“However, as happened in Northern Ireland earlier in the century, we would expect a convention to be established that Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish parliament.”—[Official Report, House of Lords, 21 July 1998; Vol. 592, c. 791.]
In seeking to put this convention on a statutory footing, the Bill uses identical language, stating that
“it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament.”
What does that mean? Does that mean we will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament unless the UK Parliament does not like it? It seems rather an odd way of proceeding and it is a funny way to write the law.
In its report on the Government’s draft proposals, the House of Lords Constitution Committee described this in much more measured terms than I would. [Interruption.] It says
“the use of the word normally…is unusual in legislation and is undefined.”
[Interruption.] The Secretary of State, who is the only Scottish MP on the Government Benches, should listen: the House of Lords Constitution Committee says his legislation is nonsense, and he should listen.
The inevitable question is what the Government mean by “normally”? Language that may be appropriately applied to a convention may well be inappropriate in statute. For instance, we might pass legislation that says, “Normally, it is illegal to steal someone’s wallet”—except when it is legal—or, “Normally, millionaires should pay their fair share of tax”, although perhaps that is a bad example. How about this example, then? Legislation might say, “Normally, it would be illegal to blow up the Houses of Parliament,” but there might be circumstances in which it was legal. This is the legislation being put before us by the Government today.