David Mundell
MP for Dumfriesshire, Clydesdale and Tweeddale · Conservative · United Kingdom
“It is a pleasure to serve under your chairmanship, Dr Allin-Khan. I pay tribute to the hon. Member for Gillingham and Rainham (Naushabah Khan), not just for her thoughtful contribution but for securing this debate. It is so important that we take every opportunity we can to shine a light on this conflict.”
“Member for Oxford East (Anneliese Dodds). I am sure that the new Minister, whom I welcome to her post, will do likewise. Nevertheless, as I said, Sudan remains chronically under-reported.”
“I absolutely agree. I—and the Minister, I am sure—would like the Quad that was established to be more effective in relation to the involvement of the United States and neighbouring countries, with those neighbouring countries playing a positive role rather than supporting the protagonists in the conflict. As the right hon.”
“As UN Security Council penholder, the UK has a distinct moral and diplomatic duty to lead these negotiations at the upcoming UN General Assembly and press relentlessly for a humanitarian truce, a permanent ceasefire, robust civilian protection, civic engagement and unhindered aid access.”
“I recognise that the Minister and her colleagues in the Foreign, Commonwealth and Development Office must navigate delicate regional dynamics, but the Government must not shy away from forcefully challenging the covert actions of some of our Gulf allies in Sudan, both publicly and in private diplomacy.”
“We saw the horrific realities of the crisis just two weeks ago with the totally unacceptable attack on a World Food Programme convoy in Kordofan. Civilian personnel were injured and lifesaving aid was destroyed.”
The complete record
Every one of 3,497 lines we hold for David Mundell, in date order, each linked to its source. Free to read, in full, without an account. Page 57 of 70.
“The Secretary of State and I have regular discussions with the Deputy Prime Minister on various issues, including those concerning the constitution. The Government remain committed to establishing a commission this year to consider the West Lothian question.”
“I am not able to give my hon. Friend an exact date, but as she will know, it is a commitment of the coalition Government to proceed with the commission, and I am sure announcements will be made shortly.”
“May I seek clarification from the hon. Gentleman? Why are he and his colleagues tabling amendments that do not appear in the Scottish Parliament’s legislative consent motion Committee? For example, they are tabling an amendment proposing to devolve the matter of especially dangerous airguns to the Scottish Parliament, even though that was not the unanimous view of the Committee. If he respects the view of the Committee, why is he tabling such amendments?”
“I do not want to exceed my role, but the hon. Gentleman will be aware that it will be possible to discuss any further amendments arising from the Scottish Parliament’s consideration of the Committee’s report on Report in this House.”
“Will the hon. Gentleman acknowledge that as one of Ron Gould’s recommendations was that there should be no overnight counts, perhaps he was not right about everything?”
“I welcome you to the Chair, Mr Evans. It is always a pleasure to follow the Chairman of the Scottish Affairs Committee. I thank the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) for his good advice, which, as he said, he garnered during his sentence at the Scotland Office. While Ms Primarolo was in the Chair, Mr Evans, I tried to seek some guidance on the SNP position in respect of this Bill, because, as those of us who were present during its Second Reading will know, the SNP declared it to be unacceptable. However, I am afraid that that clarity was not forthcoming.”
“The hon. Gentleman mentions the Bill Committee. I sought from him, and again he refused to answer, clarification on whether he would accept that Committee’s report, and whatever the vote of the Scottish Parliament is, rather than pursuing amendments that even his colleagues on the Committee did not pursue.”
“The Secretary of State made it clear in his written ministerial statement that the Government will give serious consideration to all the amendments and issues raised in the Bill Committee because we respect the work of that Committee and the work of the Scottish Parliament; we do not pick and choose to meet our own political ends.”
“I therefore thought that he might be able to bring more influence to bear than I in those areas.”
“Members who represent Scottish constituencies know, Mary Pitcaithly, the chairman of the Electoral Management Board for Scotland, will be available to Scottish MPs to discuss the arrangements for the forthcoming Scottish elections at a meeting at the Scotland Office later this week. I am sure that the point about overnight counts will again be forcefully made. In a recent response to the hon. Member for Rutherglen and Hamilton West, I suggested that he and his colleagues should lobby for overnight counts. I had noticed that the counts in Conservative-led council areas such as Dumfries and Galloway, Scottish Borders and South Ayrshire were scheduled to be overnight counts, and that Labour predominated in the council areas that were on the list of counts scheduled to happen the following day.”
“It is important to clarify at this point that the amendment would not apply to the 2011 Scottish Parliament elections. I recognise the strength of feeling on this issue, which has been set out eloquently by the right hon. Member for Stirling (Mrs McGuire), the hon. Member for Linlithgow and East Falkirk (Michael Connarty) and my hon. Friend the Member for Epping Forest (Mrs Laing). The drama and excitement of election night and the wish to know the election result as soon as possible are vital parts of our political heritage. I want returning officers to listen to what has been said in this debate. As hon.”
“However, some elements of the powers will remain the function of the Secretary of State—that is, the franchise and the power to combine Scottish Parliament elections with other reserved elections. That will ensure that issues of constitutional importance continue to be dealt with by the UK Parliament. The Scotland Bill Committee in the Scottish Parliament recognised and accepted the continued reservation of those matters. Amendment 10, as the hon. Member for Rutherglen and Hamilton West said, would require Scottish Ministers’ first conduct order under the new powers to include provision requiring returning officers to start the count at Scottish Parliament elections within four hours of the close of the poll, or to publish a statement explaining why they were unable to do so.”
“I wish to reaffirm that the written statement from the Secretary of State makes clear our commitment carefully to consider those recommendations, including those relating to this clause. The Scottish Parliament will vote on the Bill on Thursday, and we await the outcome of that vote. The clause will enable Scottish Ministers to make general provision by order for the conduct and administration of elections to Holyrood, subject only to some necessary constraints. This power includes making provision about supply or otherwise dealing with the electoral register, the combination of Scottish Parliament elections with other elections falling within the legislative competence of the Parliament, and limitation of candidates’ election expenses.”
“The Government are looking forward to the debate in the Scottish Parliament later this week when it will consider the legislative consent motion coming forward from the Bill Committee. It will be very interesting to see how the SNP votes in that debate. Clause 1 transfers to Scottish Ministers certain Executive functions relating to the administration of Scottish Parliament elections that are currently the responsibility of the Secretary of State. Members will wish to note that the Bill Committee in the Scottish Parliament accepted this provision in its report on the Bill. However, as has been mentioned, the report also asked for consideration of a number of related issues such as the procedure for filling any regional seat vacancy during the life of a Parliament, the rules relating to disqualification, and reciprocal consultation.”
“The hon. Lady cannot have heard me say that the amendment would not apply to the 2011 election. I am surprised that she, of all people, takes the view that when we are devolving powers to the Scottish Parliament on this matter, we should curtail them. Once the powers have been devolved, it will be perfectly possible for the Scottish Parliament to take account of the representations that have been made from certain quarters, where there is clearly an equally strong feeling about overnight counts. Passing this amendment would be contrary to the spirit of devolving responsibility for these matters to the Scottish Parliament. I certainly hope that we will not see support from the Scottish National party for such curtailment of a newly devolved power.”
“From the hon. Lady’s experience of the Scotland Office, she will know that this is a debate not about the merit of overnight counts, but about whether the Scottish Parliament, in gaining new powers over the administration of elections, should have those powers constrained in respect of an election that is likely to take place in 2016.”
“The hon. Gentleman will recognise that since it was first suggested that few overnight counts would take place in Scotland for the election of 5 May, the number has grown significantly, partly because of the expression of public opinion. Today’s debate and some of the eloquent contributions that we have heard will further reinforce that. Passing the amendment this evening will not move the matter forward because it will have no impact on the count.”
“I trust the Parliament of Scotland to set its own rules for the elections in 2015 or 2016. That is why the Government support devolving the power.”
“The right hon. Lady’s comments, those of my hon. Friend the Member for Epping Forest and others will have sent that clear message to returning officers.”
“I note the hon. Gentleman’s comments, but I believe that we can all play a role in ensuring that it happens through the force of our argument. Again, I invite colleagues to join me and others at the meeting with the chairman of the Interim Electoral Management Board.”
“I do not know why I should be surprised at the SNP’s voting against more powers for the Scottish Parliament in an attempt at gesture politics, in which its specialises. The SNP referred to new clause 5, on which we will vote on the third day of Committee proceedings. That would give the Scottish Parliament full legislative competence for the Scottish Parliament elections. That goes far wider than the Calman commission’s recommendation to devolve only the administration of elections. The Government gave careful consideration to the extent of the powers to be devolved on the evidence provided to the commission, and we believe that the proposals in the Bill strike the right balance. Devolving elements of responsibility for the administration earlier, as was outlined earlier, is consistent with the Calman commission’s principle—”
“This will not be the first time during the Committee’s discussions that I refer to the fact that the SNP declined to take part in the deliberations of the Calman commission, and indeed set up its own national conversation. Many issues on which SNP Members now claim outrage could have been fully debated if they had raised them at that time. The Bill is based on the recommendations of the commission.”
“The amendment also ensures that any criminal penalties imposed in such an order are subject to the appropriate limits. It gives Scottish Ministers the same supplementary powers and constraints as currently apply to the Secretary of State when he makes provision on the administration of Scottish Parliament elections. I commend clause 1 to the House and urge the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) to withdraw his amendment.”
“Given the hon. Gentleman’s thorough research into all matters on which he speaks, I am sure he has read in detail the Command Paper that accompanied the publication of the Bill, in which the Government set out their response to each and every Calman recommendation, and how, whether in legislation or otherwise, those are being taken forward. Government amendment 29 to clause 3 is technical and ensures that when Scottish Ministers make orders about the administration of Scottish Parliament elections, they can include the type of technical supplementary provision set out in section 113 of the Scotland Act 1998. For example, Ministers could make different provisions for different purposes or make consequential or savings provisions.”
“It effectively streamlines the process of organising and running the two polls on the same day, avoiding potential duplication of functions where polls held on the same day would otherwise be run in parallel and it enables overall costs to be reduced. If two polls fall on the same day, for whatever reason, electoral administrators agree that combining them is the best option. It makes it simpler for the returning officer to administer and, more importantly, makes it easier for voters to cast their votes at both polls. If the intention behind the amendment is to stop the polls taking place when both elections fall on the same day, it does not work. If the intention is to make it easier for the voter, that, too, I would suggest, does not work.”
“Member for Rutherglen and Hamilton West (Tom Greatrex), would remove the mandatory requirement that where the polls at a Scottish Parliament general election and a UK Parliament general election fall on the same day, the administrative arrangements must be taken together. The amendment would not stop the polls taking place on the same day, however, and it leaves returning officers with the discretion to combine the polls if they think fit to do so. Alternatively, if they are not combined, various processes such as the issue of poll cards and postal votes or voting at polling stations would have to be run side by side. As it stands, the clause will allow poll cards, postal voting materials and polling stations to be shared.”
“This clause amends the Representation of the People Act 1985 to provide that when a Scottish parliamentary general election and a parliamentary general election or a Scottish parliamentary general election and a European parliamentary general election are to be conducted on the same date, they should automatically be taken together. It will also allow for the polls to be combined if the returning officers so agree where polls for related areas are taken on the same day—as, for example, with a Scottish Parliament by-election and a parliamentary general election. Amendment 11, as proposed by the hon.”
“I thank my hon. Friend for his valuable insight based on his personal experience. In addition, if the intention of new clause 7 is to avoid the poll at a scheduled Scottish Parliament election from falling on or close to the date of the poll for an early parliamentary general election held under clause 2 of the Fixed-term Parliaments Bill, it does not work.”
“The arrangements for the conduct of the Scottish Parliament election and the AV referendum allow for a council by-election to be held on the same day. As I understand it, that by-election will take place on the basis of one form of the alternative vote system.”
“On the specific case that the hon. Gentleman mentions, representations can be made to the returning officer, because the polls are not required to take place on the same day. The by-election poll does not have to take place on 5 May; it is a decision for the returning officer. That by-election poll should also take place in a separate polling station, although possibly within the same building.”
“I think the returning officer has some option, but the hon. Gentleman raises an important and relevant point about the multiple electoral systems operated in Scotland. I had just mentioned that Scottish council by-elections, which are another example of polls that could be held on the same day as the AV referendum, take place under a form of the alternative vote rather than the single transferable vote.”
“In the unlikely event that a Prime Minister were to decide on a campaign period of at least six weeks before the date of poll at the early parliamentary general election, which would be the minimum to ensure that the Scottish Parliament had not already dissolved, the parties taking part in the Scottish parliamentary general election would have already gone to significant expense in preparing campaign literature and making other arrangements, as would returning officers. All that would be wasted if the Scottish Parliament then decided to change the date of poll. Returning officers might also have started the nomination processes and, depending on timing, might have already entered into contracts for printing and accommodation, the costs of which would, again, be wasted.”
“I do not believe that is an accurate summation of the position. The clause allows for the combining of polls and the amendment suggests that they should not be combined. However, I do not accept that the amendment is successful in that regard. If new clause 7 is designed to avoid having a poll at a scheduled Scottish Parliament election following on or close to the date of the poll for an early parliamentary election held under clause 2 of the Fixed-term Parliaments Bill, it does not work, as I have said. By its very nature, an early parliamentary general election held under clause 2 will take place at short notice following either a motion of the House that there should be such an election, or at the end of the 14-day period after a motion of no confidence.”
“The motion stated that the Scottish Parliament “notes the potential clash of UK and Scottish general election dates in 2015; invites the UK Government to set the next Scottish general election after 5 May 2011 for Thursday 5 May 2016, and looks forward to UK Government consultation on a legislative provision that would set apart UK and Scottish general election dates on a permanent basis.” I am sure that Opposition Members welcome the fact that the coalition Government have consulted the Scottish Parliament fully on the matter, because it was raised in a number of debates.”
“As the hon. Lady will know, what she suggests was debated extensively in the Chamber during the passage of the Fixed-term Parliaments Bill, and the House delivered its view then. As she will also know, last Thursday the Scottish Parliament voted unanimously to ask the United Kingdom Government to move the date of the Scottish parliamentary election in 2015 to avoid a clash with the United Kingdom general election.”
“The issue of the length of a fixed-term Parliament was well argued during the passage of the Fixed-term Parliaments Bill, and the fixed term that Parliament has determined is five years. The Government have therefore embarked on an active discussion of the matter with the Scottish Parliament.”
“As the hon. Gentleman will know, a number of possibilities have been suggested, and the Government have said that after the Scottish parliamentary election, there will be a consultation on them. Some Members of the Scottish Parliament have said that they would like it to serve a five-year term, and that view will obviously be considered.”
“I see no purpose in a rerun of the debate on the Fixed-term Parliaments Bill. The views expressed by the hon. Gentleman have been expressed by others, but they have not prevailed in votes in the House. The Government have set out what I consider to be the strong arguments for a five-year term for this Parliament. Because of the complicated devolution settlement in the United Kingdom, which has its own nuances—I welcome them, because they accommodate the different needs of different parts of the United Kingdom—consequential changes would inevitably be required. We have discussed the changes required in the timing of the Scottish parliamentary election and the best way of resolving the issue in a mature way through a dialogue with the presiding officer and party leaders in the Scottish Parliament.”
“I would take what the right hon. Lady says a good deal more seriously had the last Labour Government not extended their own life to virtually the last minute of a five-year term. That opened up the possibility of another five-year term for this Parliament, leading to a coincidence of elections with the Scottish Parliament elections in 2015 that would have taken place in an unstructured and unthought-out way. The Bill has dealt with the possible repercussions.”
“I am afraid that that is merely a smokescreen for the fact that there could have been a coincidence between the Scottish parliamentary and Westminster elections in any event, and that arrangements would have had to be made to deal with it.”
“My maths is better than the hon. Gentleman’s. I knew that already, and I knew that these were exactly the sort of matters on which discussion and dialogue were needed. It is much better for that discussion and dialogue to take place in a structured way than for it to take place on the ad hoc basis that would have been required if there had been a coincidence of elections on the basis of the arrangements that existed before the introduction of the Fixed-term Parliaments Bill. That Bill allows these matters to be addressed, and discussion and dialogue to take place. I believe that the mature way in which that dialogue with the Scottish Parliament has taken place reflects well on the coalition Government.”
“It could lead to a lot of wasted expenditure for candidates, parties and returning officers, and I accordingly commend clause 2 to the Committee and urge the hon. Member for Rutherglen and Hamilton West to withdraw his amendment.”
“Once Parliament had determined the nature of the Fixed-term Parliaments Bill, the appropriate thing to do was to enter into the mature and sensible dialogue that we have had with the Scottish Parliament. I am sure that, like me, the hon. Lady will welcome the fact that the motion in the Scottish Parliament was passed unanimously. The Government will take forward the wish of the Scottish Parliament to ensure that the next Scottish Parliament election after this one will take place on 5 May 2016, on the basis that voters going to the polls on 5 May 2011 will know that they will be electing their MSPs to serve for five years. I do not feel that the amendment would achieve the objectives that it sets out to achieve.”
“The commission’s other main doubt was that exposing to public view any grey areas in relation to competence could provide ammunition to those who were politically opposed to the Bill, either during its passage or later, by providing the basis for a legal challenge. As the Calman commission reported, it would remain open to the Presiding Officer to add reasons to any positive statement about the legislative competence of the Bill, but concluded that it was unlikely that he would do so. On that basis, I urge the hon. Gentleman not to press his amendment to a Division and to support clause 6.”
“Should there be any concerns about the legislative competence of a Bill passed by the Scottish Parliament, which might have been substantially amended during its passage, UK and Scottish Law Officers may refer questions of competency to the Supreme Court for decision under section 33 of the Scotland Act 1998. The Calman commission also considered the argument that the Presiding Officer should state his reasons when making a positive statement about the legislative competence of a Bill—that is, a statement that the Bill is, in his view, within competence. This was rejected on the basis that it can be relatively easy to give reasons for thinking that a Bill is outside competence, which the Standing Orders currently require the Presiding Officer to do, but more difficult to give reasons why it is within competence.”
“The Scottish Parliament endorsed the Standards, Procedures and Public Appointments Committee’s report on 29 September 2010. Amendment 12 would require that the Member promoting the Bill must make a statement, when or before every amendment to a Bill is lodged in the Scottish Parliament, that, in his opinion, the Bill, if amended in accordance with the amendment, will be within the legislative competence of the Parliament. That would make the Scottish parliamentary system overly bureaucratic and complex and it is, in my view, unnecessary.”
“As the law stands, only those members of the Scottish Government in charge of a Bill have to make a statement on its legislative competence when introducing a Bill in the Scottish Parliament. Clause 6, which amends section 31 of the Scotland Act 1998, will ensure that anyone who introduces a Bill in the Scottish Parliament is confident that it is within the Parliament’s legislative competence and prepared to make a statement to that effect. The Scottish Parliament’s Standards, Procedures and Public Appointments Committee supports the amendment, agreeing with the Calman commission that a statement would provide a helpful and public indication that the legislative competence of the Bill had been carefully considered by those introducing it.”
“That group came back with certain views, which led to the formation of the clauses concerned, which are now the subject of further discussion and debate. They are not being moved in Committee in this House and are not part of our consideration of clause 7, and they are not referred to by amendments 13, 14 or 15, standing in the name of the hon. Member for Rutherglen and Hamilton West (Tom Greatrex).”
“We have heard some unusual contributions from the Scottish National party, in this and other debates, but declaring amendments that the Advocate-General has published on his website to be secret is one of the more extreme. Indeed, I understand that there was an exchange in the Scottish Parliament last week during which, while protesting about the secrecy of the amendments, the First Minister had to concede that he had seen them. I would agree with the hon. Gentleman that we are debating important issues, in that they relate to the laws and judicial system of Scotland, and that is why, in relation to proposed amendments to section 57(2) of the 1998 Act, the Government have adopted a consultative approach. He will be aware that the Advocate-General set up an advisory group to look into the issue.”
“The hon. Member for Midlothian (Mr Hamilton) tempts me to answer that it is a secret, but it is not. Rather, it is part of the full legislative scrutiny of the Bill. As I suggested earlier, and as the Secretary of State’s written ministerial statement suggested, we take the issues raised by the Committee, and the specific issues raised in relation to the clause, very seriously.”