LORDS AMENDMENT (Hansard, 20 July 1978)

§ Lord McCLUSKEY

My Lords, I beg to move that this House doth not insist on their Amendment No. 81 to which the Commons have disagreed for the Reason numbered 82. When we discussed this matter before, I said that this Amendment was unnecessary and could easily be misunderstood by the people of Scotland who will be liable to see it as yet another anti-devolution hurdle to be cleared before the Assembly can be established. May I remind you of the practicalities. Unless at least 40 per cent. of those entitled to vote in the referendum say "Yes" and there is a majority of "Yes" votes, the Secretary of State is required under the provisions of Clause 80(2) to lay an order for the 570 repeal of the Act. Is it really to be supposed that if these stringent tests are met Parliament will decline to let devolution proceed? I think not, since it is based upon the proposition that Parliament would wish to fly in the face of such massive support as expressed in the referendum provided for in the Bill, and make specific provision in advance for the Act to be repealed despite those stringent tests having been passed.

It was suggested in the other place that the 40 per cent. hurdle might be surmounted and the majority obtained, but that the Government of the day might for some reason of national crisis not wish to bring this Act into effect. It would be wrong, it was suggested, to leave the Act in a kind of limbo. If the imagined crisis were long term, there would be nothing to prevent the Government introducing a short repealing measure if the situation demanded. If it were short term then the Government of the day would surely wish to be able to keep their options open and leave the Act on the Statute Book so that it could be implemented if circumstances permitted.

This Amendment is unnecessary and restrictive. The other place has indicated very clearly—in fact by a substantial majority of 48—that it does not accept it, and I trust that this House will not insist on it.