logo
   Web Issue 3271 October 6 2008   
spacer




If it’s Holyrood’s election, put Holyrood in charge
IAIN MacWHIRTERMay 19 2008

A parliament that doesn't have control of its own elections is not a proper parliament. But that's not the most obvious reason why Holyrood should be given power over electoral law. It should be unthinkable, after what happened last time, for the Scotland Office to remain in charge of future Holyrood elections. It would be like handing Heathrow Terminal 5 back to the BA baggage handlers.

Moreover, giving Holyrood power over elections may be the only way of ensuring that a repeat of last year's election-night chaos doesn't cause a serious breakdown in relations between the Scottish parliament and Westminster. The present divided responsibility exacerbates electoral tension and invites Holyrood politicians to blame London for anything that goes wrong. This is not the way to introduce stability to the constitutional settlement.

I can't understand why the MPs on the Scottish Affairs Committee, who yesterday ruled out any transfer of authority, can't see this. There are few propositions in politics more glaringly obvious than that elections should be in the charge of the legislature that calls them. Westminster obstructionism merely hands the propaganda advantage to Alex Salmond, who can say that MPs care more about maintaining control than about making Scottish democracy work.

This isn't some nationalist plot to gerrymander Holyrood elections. The official Gould Report into the election-night chaos in May 2007 called for Holyrood to take control of its own elections, saying it was the "logical" alternative to the fragmented status quo.

The Scottish parliament has voted for the Gould report to be implemented, and most of the Scottish media believe legislative transfer is inevitable. Even the News of the World is in favour. But Westminster has said no, without even bothering to give any arguments to back its decision. Astonishing.

The Scottish Select Committee's report, published yesterday, is damning about the Scotland Office's handling of the Holyrood election "disaster", in which some 140,000 voters were effectively disenfranchised. It is even more scathing about the Electoral Commission's being asleep at the wheel. "It is difficult," says the report, "to see the Electoral Commission as having added any value to this entire process". In other words, it is a waste of space. Following the Electoral Commission's inept handling of the Holyrood campaign donations row, it must surely be only a matter of time before this dysfunctional watchdog goes the way of the Child Support Agency.

While apportioning blame for the election fiasco, the MPs fail to draw the obvious conclusion that responsibility for the conduct of elections should be transferred to where it matters, saying only that there should be "organisational changes on the ground". Transferring legislative authority is "not necessary", according to MPs. It is understood that the Scottish Secretary, Des Browne, endorses this view strongly and that there is no prospect of legislative transfer before the October deadline.

But it is no accident that the May vote was a mess. As the Gould Report made clear last year: "The fragmented roles and responsibilities for planning, organising and conducting the polls hindered the ability to achieve problem-free elections at every stage." Or, put another way, the bodies involved were tripping over each other while refusing to take responsibility for what was clearly an electoral train-wreck in the making. Effective management needs one boss, yet elections in Scotland are split three ways between Holyrood, the UK government and Scottish local authorities.

Ultimate responsibility lies with the Scottish Secretary, but ministers with multiple briefs, such as Des Browne, have better things to do than get involved in the minutiae of electoral administration in provincial legislatures. His mind is quite rightly preoccupied by the wars in Afghanistan and Iraq, and the humanitarian disaster in Burma - not the efficiency of e-counting in Holyrood constituencies. The minister who actually had responsibility for the botched ballot papers and the election timing in 2007 was Mr Browne's predecessor, Douglas Alexander, a young minister on his way up, whose thoughts were clearly on his next job.

But what the Scottish Select Committee failed to stress - curiously - was the responsibility that Holyrood shared for its own polling fiasco. The double reverse ballot paper, which confused so many Scottish voters, was actually the result of an electoral fix by the big parties, designed to minimise the vote of the little parties. Labour wanted to stop its supporters splitting their tickets by voting Labour in the first constituency ballot and then voting for another party, red or green, from the second "top-up" list. The wheeze was to reverse the order of voting and put the regional vote first on a combined ballot paper, in the hope that this would encourage the elector to vote straight Labour.

But the SNP saw this coming and added their own fix, replacing the traditional party designation with a slogan: "Alex Salmond for First Minister". Coming at the head of the new, improved ballot paper, this gave the SNP an eye-catching advantage, which may have earned it a lot of votes. Labour accepted this dodgy designation as a quid pro quo for its own jiggery pokery. Both parties were guilty of playing fast and loose with democracy. This was what Ron Gould meant when he said that voters were "treated as an afterthought" and that "partisan interests" dominated the electoral reforms.

Now, you might be wondering, if Holyrood was equally to blame, why MSPs should be given responsibility over elections. But responsibility is precisely the point. MSPs played their games because they didn't really have to answer for their actions - they could always just blame Westminster. Holyrood must be put in charge so that the voters know who to blame next time, and to prevent Scottish politicians off-loading responsibility.

There are arguments against giving Holyrood authority over elections, but they aren't ones that stand up to the light of day - which is probably why MPs didn't consider them. They reduce to an incoherent fear the worry that the Nationalists might be able, in some obscure way, to manipulate the electoral system to their own advantage. There may also be a suspicion that Alex Salmond might be able to call a referendum on independence, though I can't see why, since responsibility for the constitution remains with Westminster.

It's not too late for the Scottish Secretary to change his mind. He could open a debate on the matter over the summer, and then make a dignified retreat before parliament returns. There are some battles that it is better to lose. It is bad enough for the Scottish Parliament to be told that it isn't fit to manage its own elections; but it is arrogance of Robert Mugabe proportions for the Scotland Office to cling on to a responsibility it is so manifestly ill-equipped to discharge.


© All rights reserved. Reproduction in whole or in part without permission is prohibited.


Posted by: Mrs I P Knightly, Scotland on 9:48pm Sun 18 May 08
A good piece. Labour will not give Holyrood control.
Posted by: Disgusted Dorothy, Glasgow on 10:00pm Sun 18 May 08
Good article ,Iain.
I cannot see any reason for Holyrood NOT to run its own elections, it cannot be worse than the mess last May, for which we have Labour to thank since they had a vested interest too!
And , while I'm on the subject , I would much prefer NOT to have Neil Kinnock and cronies involved in the counting.
Could we return to the old fashioned method please!
Posted by: Strathturret, Montrose on 10:52pm Sun 18 May 08
I fancy if Westminster insists in retaining control of our elections an appeal to European Court could be tried?

What about the idea that the Scottish parliament (pre 1707) was in recess and now meets again? Can we just not say we are in control of everything again? Can our parliament just not recind the Act of Union? There might not be a majority this week but Wendy might get a brainwave!
Posted by: John Hancock, Edinburgh on 11:28pm Sun 18 May 08
The Scottish Affairs Committee of the UK parliament has spoken. The Scottish people must accept what it says? I don't think so.

The notion that the Scottish Parliament should not have control over its own elections is not only outrageous but is also so out of tune with public opinion in Scotland that it even seems irrelevant.

Labour will be out of office in the foreseeable future in all probability, by which time we shall be considering to the Calman Commission's recommendations, but even the Calman Commission may be overtaken by events, as seriously momentous economic developments that may be expected over the next two years make constitutional tinkering seem wholly inadequate and drive the Scottish electorate towards independence as not merely the most desirable option for Scotland but the only practical one.

What matters to Scotland now is not what Westminster says on any subject. What matters is that there is a serious economic downturn in progress which will usher in an enduring economic environment against which the Scottish economy will need to be protected.

What happens to our economy when the price of crude oil reaches 200 dollars a barrel while the low-tax regimes of competitor economies such as that of the Irish Republic are luring our enterprises to a more profitable environment? With a major taxodus under way or in the offing people will be asking themselves in the period immediately preceding the independence referendum whether the Scottish economy has much of a future in the modern world if we remain in the UK. By then it should be blatantly obvious to the electorate that it has not.

The Scottish Affairs Committee can no more prevent the Scottish Parliament from acquiring power over its own elections than it can turn back the tide. Its deliberations and determinations are of no lasting importance to this country.
Posted by: Jwil, Lanarkshire on 12:33am Mon 19 May 08
Following the Electoral Commission's inept handling of the Holyrood campaign donations row, it must surely be only a matter of time before this dysfunctional watchdog goes the way of the Child Support Agency.

But it won't . It has obviously been designed to be a soft toy which protects the guilty. So why should Westminster do anything about it?

Posted by: Cynicus, Scotland on 1:40am Mon 19 May 08

What about the idea that the Scottish parliament (pre 1707) was in recess and now meets again?


Be careful what you wish for. If the pre-1707 Estates has any spectral existence then it haunts the corridors of Westminster not the think-pods of Holyrood.
Posted by: princess-fiona, eaglesham on 2:38am Mon 19 May 08
Sorry to be cyninal, but the fact is, Liebour want to be in control when the referendum is called , so the can discount a majority of yes votes and deny Independence and deny the democratic right of the Scottiah people.

think I am paranoid...gordy has said he will do whatever it takes to keep the union....threats against a democratically elected foriegn government , dont sit well with the UN gordon!!!!!!!!

Posted by: frank mcbride, lusitania on 8:54am Mon 19 May 08
I'm not making any comment on this article.

The Herald ban, on Scottish political articles, is political; it ia the start of the Unionist attack on Scottish democracy.

Either boycott the Herald or, alternatively, expose this blatant political act.
Posted by: Jwil, Lanarkshire on 9:29am Mon 19 May 08
On the question of censorship.
Gordon Brown in his speech to the general assembly talked of the internet as a force for good and gave the example of Burmese monks being able to communicate withth outside world through their PC.s, even under the threat from a repressive regime. Now here we have the Herald shutting down discussion on political articles, particularly those about the difficulties of the Labour party (and I suspect at the request of the Labour party). Doesn't this smack of hypocrisy?
Posted by: John Roy, Kilsyth on 9:41am Mon 19 May 08
Strathrurret
You might recall that Winnie Ewing declared ats she opeded the first session of the Holyrood parliament "The Scottish Parliament is hereby reconvened".
That in effect took us back to 1707. Nobody remarked on this at the time.
Posted by: Macthickey, Irvine on 10:57am Mon 19 May 08
Nicol Stevens was trying to pontificate about the result of the Calman
Commision. He was asked if the Commisions Findings would go to the Scottish people as a 'Referendum'; would it stand up against an
Independence choice? Goldielocks & Bendy couldnt agree.
M/s Sturgeons smile said it all
Stevens blustering answer said it all. "Its about more powers in our devolved Parliament" says Nicol.
No Nicol. Its about what the Scottish People will wont. At the time of the SNP Governments choice.
The Idiots Choice at Westminister ' Naw Ye cannae control yer elections. ' Better look for real jobs shortly.
If you put that rubbish in a Manifesto to the Scottish Electorate it will be Domesday for the Labour Party.
Posted by: Strathturret, Montrose on 11:29am Mon 19 May 08
John Roy,

Yes that was what I was thinking about. The key question then is gaining a majority at Holyrood and declaring UDI. Then whatever Westminster says about anything is irrelevant. The Scots parliament just rips up the Act of Union. Westminster cannot write rules to govern a body existant in 1706?
Posted by: Mike MacKinnon on 1:16pm Mon 19 May 08
Strathturret,

I agree about UDI, but it would be a while before it could be done. For a start, there would have to be shadow institutions in place for a while before it could even be considered.

The fact is that if the Scottish Government tore up the Union document, there isn't much that London could do, short of engaging in a military adventure....
Posted by: Hugh Kerr, Edinburgh on 10:57pm Mon 19 May 08
No one has yet remarked on the point made by Iain Macwhirter that the 4 main parties colluded on the design of the ballot paper which was the root of the confusion.They all had a common interest in minimising the vote of the smaller parties and independents who had elected 17 members in 2003.None of them objected and even the Greens did not object to the single ballot paper only the SSP rightly predicted it would cause widespread confusion and lead to spoiled votes on a massive scale.So yes we should contol the elections in Scotland but let us have an independent body to design and oversee the elections not a collusion between the 4 main parties who wish to retain their power.
Posted by: Hugh Kerr, Edinburgh on 10:58pm Mon 19 May 08
No one has yet remarked on the point made by Iain Macwhirter that the 4 main parties colluded on the design of the ballot paper which was the root of the confusion.They all had a common interest in minimising the vote of the smaller parties and independents who had elected 17 members in 2003.None of them objected and even the Greens did not object to the single ballot paper only the SSP rightly predicted it would cause widespread confusion and lead to spoiled votes on a massive scale.So yes we should contol the elections in Scotland but let us have an independent body to design and oversee the elections not a collusion between the 4 main parties who wish to retain their power.
Posted by: McNasty, Edinburgh on 4:51am Tue 20 May 08
It is essential for Labour at Westminster to keep control of of voting in Scottish elections.

The time is not far off, when, in order to win an election in Scotland, Labour will have to rig it.

GB, MP and PM of GB said, he will do "anything" to maintain the union.
Posted by: Donald Anderson, glasgow on 6:06am Tue 20 May 08
Labour have long since lost it. They have no politics, other than being a blind anti Scottish Party.
Posted by: george alexander, north lanarkshire on 6:50am Tue 20 May 08
I wonder if MacWhirter has insisted that comments remain open on his articles............
.......sign of a man who believes his arguments will stand up to scrutiny.
Posted by: Karin, glasgae. on 10:39am Tue 20 May 08
george couldnt agree more. This is a pretty fair peice of writing by mcwhirter.
Posted by: JC on 10:39pm Wed 21 May 08
Strathturret wrote:
John Roy, Yes that was what I was thinking about. The key question then is gaining a majority at Holyrood and declaring UDI. Then whatever Westminster says about anything is irrelevant. The Scots parliament just rips up the Act of Union. Westminster cannot write rules to govern a body existant in 1706?
Yeah the nat voice of reason and democracy at work again. Sod the rest of us so long as they get power
Add your comment
Please note: to publish your comment you must be registered on this site. If you are already registered, please enter your details below.
Email:
Password:




spacer
 IN YOUR AREA
 
Herald Appointments - Every Friday
Travel Shop
Airport Parking
Travel Insurance
Copyright © 2008 Newsquest (Herald & Times) Limited. All Rights Reserved   
Sitemap :: Circulation :: Syndication :: Advertising :: About Us :: Terms of Use