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5.6 pm

Mr. Michael Ancram (Devizes): I congratulate the hon. Member for Aberdeen, South (Miss Begg) on her maiden speech. I have not heard all the maiden speeches of all the hon. Members who have represented Aberdeen, South, but I have heard quite a few. I have also had a somewhat chequered political career and I know what she is talking about--security of tenure. On behalf of all hon. Members I think that I can say that her speech was remarkable in its clarity and its passion and we look forward to hearing many more speeches from her in due course. I also thank her for her words about Raymond Robertson, who was my parliamentary private secretary in Northern Ireland and was a great support to me in my work. He will be pleased to hear the kind words that she spoke about him.

This has been a strange debate. Listening to the Secretary of State, I cannot help feeling that he does not really want the referendum. It is somehow unnecessary--it has been forced upon him by circumstances and he really lives in that period of the Labour party in February 1996 when the Secretary of State for Defence, the right hon. Member for Hamilton, South (Mr. Robertson), then the shadow Secretary of State for Scotland, was making it clear that there were no proposals for a referendum. Indeed, as I understand it, he went on to say that the election of a Labour Government with the proposal in their manifesto would be the only mandate necessary.

The House of Commons Library is sometimes a useful source of information. I commend it to the Secretary of State for Scotland. He will find from that source again that, some nine months later, the right hon. Member for Hamilton, South decided that there should be a referendum: he went further and suggested that there should be two--the second would trigger the tax-varying powers of a Scottish Parliament. At that time, according to the information that has been made available to me by--

Mr. Salmond: On a point of order, Mr. Deputy Speaker. Perhaps you can tell me why the right hon. Gentleman is speaking from the Back Benches today,

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when he was speaking from the Front Bench on a constitutional issue on Friday. We cannot criticise decisions from the Chair, but we hope that they are made in the full awareness that there are no Conservative Members in Scotland or Wales.

Mr. Deputy Speaker: The responsibility that a particular Member takes on a particular day is not a matter for the Chair.

Mr. Ancram: Thank you, Mr. Deputy Speaker. I understood that, for all the sadness of losing office, one of the privileges of being in opposition was that one could speak from the Back Benches in a way that was not possible when in government.

I want to make what I consider to be relevant points about the Bill. I was referring to the way in which the Government's policy on referendums has changed over the past 12 months, and pointing out that at one moment it was intended that there should be two referendums, which was described by the right hon. Gentleman who is now the Prime Minister as a


He went on to say:


    "This decision brings a Labour Government and a Scottish Parliament that much closer."

A week later, the present Secretary of State for Defence said that there would be only one referendum, not two, as there was no support for that policy. I have the feeling that one reason why the Secretary of State for Scotland was so unconvincing today is that he would rather have no referendum and proceed straight away to legislation to be passed by the heavy majority that the Government command in the House.

Mr. Rhodri Morgan (Cardiff, West): It would perhaps be for the benefit of the House if the right hon. Gentleman were to explain whether his status as a representative of the views of the official Opposition has changed since Friday. Is he speaking as a Back Bencher or as a Front Bencher sitting on the Back Benches merely for convenience?

Mr. Ancram: It must be obvious to the hon. Gentleman that when one speaks from the Back Benches one speaks as a Back Bencher. I am making my own personal points today, and I shall make them as I ought.

Mr. Wallace: Perhaps the right hon. Gentleman can clarify whether on Friday, when he spoke from the Front Bench, he was an official spokesman. Has he been sacked in the meantime? As the constitutional issues are the same, do the official Opposition know whether they are forwards, backwards or sideways, and do they have any clue at all what they are doing?

Mr. Ancram: Again, if the hon. Gentleman were to look at Friday's debate and compare it with today's, he would discover that the previous debate was about all the constitutional proposals in the Queen's Speech, while today's is about a single issue.

Mr. Jon Owen Jones (Lord Commissioner to the Treasury): On a point of order, Mr. Deputy Speaker. In my experience as an Opposition Whip for four years,

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a Front Bencher was never called from the Back Benches if another Back Bencher was available to speak. I do not know whether the precedent has changed, but I would be grateful if you could consider the matter.

Mr. Deputy Speaker: I am not sure that a firm precedent is being set, but I shall take note of what the hon. Gentleman says and investigate the matter. He is also in danger of confusing me, because a moment ago he was on the Front Bench and now he is on the Back Benches.

Mr. Ancram: Thank you, Mr. Deputy Speaker.

The first specific point that I want to put to the Secretary of State for Scotland concerns the fact that, as I understood him, he was asserting that preceding the referendum a White Paper would be published, which would be sufficient to explain to the people of Scotland and Wales that for which they would be asked to vote either for or against.

If the question to be asked of the Scottish and Welsh people in a referendum is whether they support the proposals for a Parliament and an Assembly as set out in the White Paper, why do not the questions as proposed in the Bill set that out? The question in schedule 1 says:


not a Scottish Parliament as set out in the White Paper, and the same goes for the Welsh Assembly.

If the Secretary of State for Scotland addresses his powerful legal mind to that matter, he will immediately see that the question being asked would be as relevant to a Scottish Parliament within an independent Scotland as to one on a devolved basis. I can only suspect that he has set out the proposition in that way because he does not want to be bound by the White Paper as endorsed by a referendum and wishes, if necessary, to be able to alter the legislation as it goes through Parliament and vary it according to circumstances that might arise, without the necessity of going back to the Scottish or Welsh people to ask for re-endorsement of a changed scheme.

If the Secretary of State does not mean that, surely the only other possibility is that he has sufficient contempt for Parliament to say that no changes can be made in the legislation as it goes through Parliament because the endorsement, in his view, will have precluded it. That question goes to the very heart of his proposals. Before the Bill becomes law, we must know precisely what the people of Scotland and Wales are being asked to endorse.

The Secretary of State referred to the situation in Northern Ireland. I want to offer him a word of caution. We have a bipartisan policy on Northern Ireland, and the most important thing about such a policy is that we should understand it. Today he has in effect suggested that it was proposed by the previous Government--and therefore, under a bipartisan policy, by the present Government--that a White Paper should be drawn up and then put to the people of Northern Ireland in a referendum; that is the analogy that he drew with what is happening now.

The right hon. Gentleman referred to the framework document, but that is not a White, or even a Green Paper; it is an understanding between two Governments that was to be used as the basis for parties to try to reach agreement among themselves. It was made absolutely clear that it

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was not the framework document that would be put to the people of Northern Ireland in a referendum, but any detailed agreement arrived at by the parties either with or without the help of that document.

I put that point with a good deal of force, because there is a suspicion in Northern Ireland that British Governments intend to produce White Papers and go over the heads of the political parties by putting them to the people in a referendum. I hope that the Secretary of State will take this opportunity to make it clear--as he failed to do in his reply to my intervention--that that is not the Government's policy, any more than it was ours.

Mr. Dewar: I am happy to oblige the right hon. Gentleman, because I certainly do not want to get into difficulties over the matter; if he checks the record he will see that I referred to the triple lock and to discussions followed by a referendum followed by legislation. I merely made the point that, when circumstances make it sensible, the opposition in principle can be set aside and we can have pre-legislative referendums. That was my only point, and I believe that I have been precise about it.

It is possibly fair that the right hon. Gentleman should have regard to the fact that the ballot paper is to contain a preliminary sentence that says:


It is therefore a little unfair of him to take the question out of the context of the ballot paper.


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