Congestion Charging Scheme Referenda
The final item of business is a members' business debate on motion S2M-2175, in the name of David McLetchie, on congestion charging scheme referenda. The debate will be concluded without any question being put.
Motion debated,
That the Parliament congratulates West Lothian Council for agreeing to hold a consultative referendum on the City of Edinburgh Council's congestion charging scheme and for setting a question which conforms with the guidelines issued by the Electoral Commission and regrets that the City of Edinburgh Council, in its referendum, has proposed for answer a question which does not conform with these guidelines and intends to circulate an information leaflet with the ballot paper which will not include statements from parties opposed to the scheme.
Next February, referenda are scheduled to be held in Edinburgh and West Lothian to consult residents on whether they approve of the congestion charging scheme that has been proposed by City of Edinburgh Council. It is a matter of regret to me that Midlothian Council, East Lothian Council and Fife Council are not holding referenda on the same day. Many tens of thousands of residents in those areas commute to Edinburgh on a regular, if not daily, basis for work or social purposes. They will pay dearly if the congestion charging scheme goes ahead, although they will receive little in return through public transport improvements. This would have been an opportunity to assess opinion across the area as a whole.
The referendum plan in Edinburgh was born out of blind political panic following a by-election in the Balerno ward of my constituency in September 2002, when the Labour vote completely and utterly collapsed. The referendum was devised partly to save Iain Gray's political career, and partly to defuse the controversy about road tolls as a council election issue in May 2003 and save the seats of the majority group of Labour councillors. As I know better than most, the strategy was only partially successful.
Whatever the origins, we should all acknowledge that all parties now support the use of referenda to decide issues of local and national significance. In recognition of that, the independent Electoral Commission has produced guidelines for assessing the fairness of the all-important question to be asked in any referendum. In summary, the guidelines say first that the question "should be clear" and "prompt an immediate response". They go on to say:
"Words and phrases … should not have positive or negative connotations. …
Words and phrases … should not be leading"
or "loaded", "should not contain jargon"
and
"should reflect the language used and understood by the voter".
Finally, the guidelines point out that questions
"should not provide too much information … should not be too long"
and "should be well structured".
Let us apply those tests to the questions that will be put in the West Lothian Council and City of Edinburgh Council referenda. In West Lothian, the question is:
"Are you in favour of City of Edinburgh Council's congestion charging scheme?"
I submit that that yes or no question is readily understood, straightforward and clear-cut and uses neutral language.
The contrast with the Edinburgh question could not be greater. Members will have to bear with me as I read it out, because it will take some time. The question reads:
"The leaflet enclosed with this ballot paper gives information on the Council's transport proposals for Edinburgh. The Council's ‘preferred' strategy includes congestion charging and increased transport investment funded by it. Do you support the Council's ‘preferred' strategy?"
The question is not just about congestion charging; it is about a transport strategy. It is certainly not readily understood in its own terms, because it requires reference to a leaflet and familiarity with what on earth the so-called preferred strategy is. The question is leading and loaded and its language is far from neutral.
It is not just me—or even West Lothian Labour councillors—who says this. Professor John Curtice of the University of Strathclyde described the questions as "completely biased". Professor James Mitchell of the same university said that it was highly unusual to circulate an information leaflet with the ballot paper.
Moreover, the latest information leaflet is another remarkable piece of work from the City of Edinburgh Council in the finest and dishonourable tradition of the other so-called information leaflets that it has produced over the past couple of years to try and con the public into supporting road tolls. In the latest leaflet, neither of the opposition parties that is represented on the council—the Conservatives and the Liberal Democrats—is to be permitted to submit any statement about why voters should vote no, even though the leaflet is effusive about the virtues of the council's preferred strategy.
Will the member give way?
In a second.
Why not? Are voters not entitled to read about both sides of the argument? Why is the council so afraid and why does it have so little faith in its own case that it will not permit a contrary view to be put to the public?
Unlike the council, I am delighted to hear a contrary view and shall give way to Mr Ballard.
I am slightly confused by David McLetchie's speech so far. He acknowledges that we are talking about a transport strategy, which includes investment in public transport, even though he questions the amount that goes to regional authorities—
Quickly. What is your point?
Surely the question should be about the transport strategy. Does not the member acknowledge that the council has taken independent legal advice from Queen's counsel and that Electoral Commission guidelines have been checked—
Come on.
—to ensure that the leaflet actually—
That is enough, Mr Ballard. You will get a speech later if you are lucky.
The council took legal advice, but it conspicuously failed to consult the Electoral Commission. We all know that, by and large, one can get any answer one wants when one takes legal advice, and I have no doubt that the questions were framed with that very much in mind. Some of us know that better than others.
The rigged referendum is, quite simply, a last desperate throw of the dice by City of Edinburgh Council, which will stop at nothing to impose yet another tax on our motorists. City of Edinburgh Council, of course, is the council that, in a previous consultation exercise in 2002, was found to have invented responses to a questionnaire to try to demonstrate some support for its proposals. It is the council that, in a consultation exercise publicised earlier this year, found that fewer than 5 per cent of respondents were in favour of the congestion charging scheme, but it still pressed ahead. It is the council that says in its latest information leaflet that the scheme was backed by the recent public inquiry, whereas, as is well known, the inquiry was highly critical of the proposed exemption for city residents who live outwith the tolls cordon. It is the council that has twisted and turned in every direction over the past three years and has already squandered the best part of £6 million on promoting the toll scheme.
Members will have read today that Midlothian Council is mounting a legal challenge and now wants to prevent the Edinburgh referendum from taking place, on the basis that the proposed congestion charging scheme is illegal. I fully understand why councils around Edinburgh are keen to stop the introduction of tolls, but in my view the way to do that is not through some legal manoeuvre but by letting people speak loud and clear in the referenda that are planned. Let us trust the people and we can stop the tolls at the polls.
My intention in lodging the motion was not to debate for or against congestion charging, but to underline a key principle—that people's views should be properly heard and that, where a referendum is to be held, it should be conducted fairly in accordance with Electoral Commission guidelines. Unless that has been done, Scottish Executive ministers should not approve any congestion charging scheme that may be submitted by any council for approval.
The deceit—I use that word advisedly—of City of Edinburgh Council needs to be exposed in this Parliament. My message to people in Edinburgh is quite simple: never mind this loaded question, the answer is still no.
There is a very long list of members who wish to speak, so I shall restrict time to three minutes each.
Given the shortage of time, I want to restrict myself to dealing with two specific issues: the referenda that are proposed by the City of Edinburgh Council and West Lothian Council; and the issue of fairness and fair treatment in the proposed scheme.
It is with some regret that I speak in yet another debate on congestion charging, because I believe that congestion charging has a role to play as a traffic management tool for alleviating congestion, particularly in some of our most congested cities. However, I think that the approach that is being taken by the City of Edinburgh Council is badly flawed, and I have spoken against the proposals on a number of occasions.
First, on the question of the referenda, I believe that the referendum that is proposed for Edinburgh is based on a biased and unclear question. It is dubious that only material in support of the proposed scheme is to be distributed with the ballot paper, and I recognise that the referendum has been criticised by independent academics such as John Curtice of the University of Strathclyde. It is a referendum that also disfranchises many thousands of people, because it is not based on the full electoral register, and it takes into account only the views of Edinburgh residents, although I believe that the issue is one for the whole Lothian-Fife city region.
The West Lothian Council approach is helpful in that it provides an opportunity for non-Edinburgh residents to express their views. The West Lothian referendum is based on a neutral and clear question, and I understand that material both for and against the congestion charging scheme is to be distributed with the ballot paper. Of course, the West Lothian referendum also suffers from having to use the edited register. On a side issue, I urge the minister to discuss with his colleagues at Westminster the possibility that future referenda that are conducted by local government can use the full electoral register.
I ask the minister to emphasise to the City of Edinburgh Council that it needs to ensure that its referendum is fair, which I do not believe it currently is, and to review the question that it intends to ask.
The second issue that I will raise is the congestion charging scheme itself. I have opposed the scheme for a long time because of its lack of fairness, in particular in respect of the exemption for residents of places such as South Queensferry, Currie and Balerno. The inquiry into the scheme found that it was essential that that exemption should be abandoned to ensure fair treatment. I therefore find it unbelievable that the City of Edinburgh Council intends to proceed with the scheme. The public inquiry report on the City of Edinburgh Council's scheme states:
"We consider that those considerations are of such importance that the proposed exemption must be removed. Otherwise we are driven to the conclusion that the proposed scheme would be unfair and inequitable not because of characteristics endemic in an otherwise acceptable set of arrangements but because the council had deliberately made it so."
The Parliament should make it clear that we cannot accept a proposed scheme that fails the fair treatment test and that we cannot accept a scheme that is not based on a fair referendum.
This is an extremely serious debate. There is no doubt that the arguments that have been advanced by David McLetchie seem to be correct. Although I am no legal expert in this field, it seems to me to be self-evident that in an electoral process one cannot have leading questions, biased propositions or the use of language that contains positive or negative statements. Neither can one have material accompanying the ballot paper that is plainly biased towards one side of the argument. That is so basic that I find it extraordinary that anyone—far less reputedly responsible politicians and officials—could put forward such a ludicrous suggestion.
It is a waste of taxpayers' money that Midlothian Council and possibly West Lothian Council, which may come into the action if it is raised and has to proceed, would both be using public funds to take on another council. Three parties would be involved and the taxpayer would pay for the whole lot. In his reply to the debate, the minister should state what role the Scottish Executive plans to play.
I will mention the case that Brian Wilson raised at the time of the devolution referendum in 1979. That case clearly established the principle that in a referendum there should be equivalence of treatment between one side and the other. That meant that the yes side in that devolution campaign, which of course failed, had only one shot on television—one party-political broadcast—and the no side had one. I did not like that at the time, but I had to recognise that there was a certain fairness about it. The idea that those opposed to the congestion charges should be denied the opportunity to submit material is preposterous.
An election was held recently in the Ukraine that many of us have seen described as a rigged election. It seems to me that there is a touch of the Ukraines about the whole process in the City of Edinburgh Council's proposed referendum. It is incumbent on the council to withdraw the referendum. If the council does not withdraw the referendum and proceeds with it, I suspect that any result—we are not here to debate the merits of the proposals, but I mention that the SNP is against them and would advocate that people vote against them—would have no validity because, for the reasons that have been outlined, the referendum is flawed. The Electoral Commission has given an opinion to that effect.
I hope that in his closing remarks the minister will indicate the legal power and responsibility of the Executive in this regard and, perhaps more important on a practical level, what it proposes to do.
Like the Conservatives in Edinburgh, the local Liberal Democrats oppose the City of Edinburgh Council's congestion charging scheme and, most pertinent to this debate, oppose the Labour council's discredited proposals for the referendum ballot question—a question that will cost taxpayers £600,000. The Liberal Democrats in Edinburgh argue against the scheme, but not against the principle of road pricing in the right place and in the right circumstances. A case for congestion charging as part of a package can be made, but the scheme that is proposed for Edinburgh is not the right one.
In this debate we are rightly focusing on the referendum. I voted for the Transport (Scotland) Act 2001, which gave councils the power to introduce road tolls provided that the scheme is fair, alternative public transport solutions are in place and, crucially, the scheme has clear public support. Ministers—indeed even the First Minister—have reiterated that the Executive will give the go-ahead for a scheme only if the scheme has clear public support. That is why I have always supported a city-wide referendum on such a controversial issue.
The scheme is controversial. The Scottish Executive Development Department inquiry reporters who considered it earlier in the year told the City of Edinburgh Council to "proceed with caution". Meanwhile, the City of Edinburgh Council's neighbouring councils—West Lothian Council, Midlothian Council and East Lothian Council—oppose the proposals, particularly now that the City of Edinburgh Council has said that it would exempt Edinburgh council tax payers in areas such as Queensferry and Kirkliston from paying the charge, partly because of the inadequacies of the bus services. I thought that that was the right approach, because the charge would affect my constituents.
Like David McLetchie, I welcome the fact that West Lothian Council is balloting its residents, because the charge would impact not only on the people of Edinburgh but on other councils' residents. I also welcome the fact that West Lothian Council appears to be able to follow Electoral Commission guidance, which says that words and phrases used in questions in a referendum should not
"have positive or negative connotations … be intentionally leading … contain ‘jargon' … be loaded"
or
"provide more information than is necessary to answer the question meaningfully".
The West Lothian question—or a version of it—will be quite simple. The council will ask, "Are you in favour of the City of Edinburgh Council's congestion charging scheme?" However, the City of Edinburgh Council's question will come with the information leaflet that has been mentioned, which John Curtice and others say is completely biased. The question would use the word "preferred", which has a positive connotation. I have yet to see literature produced by the council that has not been completely one-sided. There should be a simple, unbiased, clear question and the ballot paper should be accompanied by information leaflets or literature that represent more than one viewpoint. Can members imagine how everyone would react if there were an all-postal general election ballot and the Government was the only party that could include an election address with the ballot paper? The referendum will be paid for by taxpayers' money and should be treated in the same way as any other election.
It is farcical that an edited register would be used, which means that 30 per cent of my constituents would not be able to take part in the referendum. I cannot believe that it was the intention of the bright spark who came up with the rules that citizens would give up their right to vote at the same time as their right to buy a fitted kitchen. The question is biased and it is backed up with a biased leaflet.
The minister and his colleagues said that the scheme would have to have clear public support. I urge the minister to intervene now and to suggest to the City of Edinburgh Council that it follow West Lothian Council's line. If the minister does not intervene now, he will be sending a message to the City of Edinburgh Council that he approves of the referendum question. Taxpayers' money will be wasted and others will take the council to court. I ask the minister to prevent that from happening. Let us have a clear answer from the people of Edinburgh on the question.
I congratulate David McLetchie on securing the debate and I am grateful to the Presiding Officer for allowing me to speak early. I apologise to members because I will not be able to hear all the speeches—I must pick up my son from the nursery.
Mr McLetchie suggested that the referendum question that the City of Edinburgh Council will pose is biased and will attempt unduly to influence the outcome of the vote. He might well be right, but I fear that the City of Edinburgh Council is making a big mistake if it thinks that asking people at any time whether they support the council will encourage a yes vote. Although I agree with Mr McLetchie that in a truly democratic debate both sides of the argument would be presented, unfortunately the Tories' record in upholding that democratic tradition is woeful—it is certainly no better than new Labour's record.
Congestion is a serious problem, which other members have addressed. How do we reduce congestion, pollution levels and the gridlock that seriously affect our city? In my opinion, we should provide people with an option that is more attractive than their car. However, instead of highlighting the need to combat congestion and the awful levels of pollution across the city, the Edinburgh scheme has from the outset been about raising money. Supporters of the charge have failed to counter the view that the scheme has more to do with paying up front for public transport improvements that might or might not happen during the next 20 years. Working people in Edinburgh are expected to shell out £720 million, with nothing to show for it up front. That is the commerce of the con man. I am surprised that Mr McLetchie is not in favour of it—he normally is.
The supporters of congestion charges talk longingly of the London experience. However, Ken Livingstone's central warning is that a congestion charging scheme that is predicated on a need to raise money is seriously flawed. The artist previously known as red Ken advises us that there are better and more effective ways of raising money than via the route of congestion charging. Ken Livingstone has reflected in hindsight on the London experience and concluded that public transport improvements ought to be put in place first and thereafter congestion charges can be used punitively. I sympathise with that position.
The problem with Edinburgh's proposed scheme is that the £2 flat-rate charge would disproportionately affect working people and the poor. Interestingly, as members will have appreciated, there is a proposal to increase the charge in London from £5 to £8, because anticipated revenues from the charges have not materialised.
The Scottish Socialist Party is serious about reducing congestion, pollution levels and traffic volumes in Edinburgh. Unfortunately, the council's proposed scheme is not the answer. Therefore, we will call for a no vote in the referendum. We believe that public transport improvements should be put in place first to give people a real and attractive alternative to using their cars. The money for the improvements should come from general taxation. There is no shortage of money for the war in Iraq and for tax breaks for the rich. A more progressive tax system would be rather more effective than congestion charges and would ensure that those who can afford to pay, do so.
I join David McLetchie in congratulating West Lothian Council on holding a referendum on congestion charging. I would expect nothing less of the council. However, beyond that, I depart from David McLetchie's comments.
Let me be clear that I believe that, in certain circumstances, congestion charging could be used to reduce congestion, improve the environment of people who live in congested areas and help businesses that suffer from the effects of congestion. However, I have two major concerns about the City of Edinburgh Council's proposal. First, I am not reassured that congestion charges, if they achieve their aim to reduce traffic, will raise sufficient revenue to invest in public transport. Many of my constituents who travel to work in Edinburgh do so by public transport—either by train or by bus—and the main complaint that I get from them is about overcrowding at peak times. If my constituents left their cars at home because of congestion charges, how could they be expected to use buses and trains that are already overcrowded?
My second major concern, to which members have referred, is the unfairness regarding who would pay and who would not. Why should my constituents in Newton village, for example, pay congestion charges for the outer ring, when people along the road in South Queensferry—I mean no offence to Margaret Smith—would not have to pay that charge? I think that that would be unfair. It was shown up by the public inquiry and it is recognised as an anomaly. I am sorry that the City of Edinburgh Council has not taken that on board.
I find the debate ironic, given that the Conservatives do not have any other ideas about how to deal with congestion. Back in the 1980s, the Tories' big idea in Edinburgh was to build the western relief road. I must say that it would have been anything but a relief. It would have led to greater congestion on Lothian Road and in the west end. We only have to look at the situation in Glasgow to see that building motorways and dual carriageways into a city centre does nothing to relieve congestion.
I do not know where David McLetchie gets the idea that we are all wonderfully happy about referendums. Only last week, at a meeting in Balerno High School, he accepted that to ask a simple question that requires a yes or no answer is not always the easiest thing to do.
Will the member give way?
No. I am sorry, but I do not have time.
Therefore, I think that this debate is a smokescreen. It is about criticising the words of a referendum to hide the fact that the Conservatives and David McLetchie have no ideas about how to address congestion. People need to think carefully about what is a serious problem that will get worse if nothing is done about it.
I congratulate Mr McLetchie on bringing this issue to the Parliament and on his measured speech, with much of which I did not disagree.
It is clear that there are two aspects to the debate: the question of congestion charging and the question of a referendum. London has congestion charging. However, it is to Ken Livingstone's credit that he made it clear that if he was voted in as mayor, he would introduce congestion charging. He got the electoral mandate to do so and he has delivered. There can be no dispute about the democracy of that. To be fair to Mr McLetchie, I do not think that he disagrees that that is one weapon with which to introduce congestion charging. Edinburgh did not seek to do that. We have a history in Scotland of using referenda, whether on the creation of this Parliament or the fluoridation of water in Strathclyde. They were successful and welcomed by the population.
Will the member give way?
I do not have time.
What is taking place in Edinburgh is unacceptable. However, I differentiate between the referendums in Edinburgh and West Lothian and fully accept Mr McLetchie's points about how referenda should be run.
We should all be worried about what the City of Edinburgh Council is up to, whether we are for or against congestion charging. First, it is fundamentally wrong. It brings all of us as politicians into disrepute. To use such a loaded question in such an unfair manner denigrates the whole body politic. We all know that no matter what political party, if any, we represent, all politicians are universally condemned and viewed as chancers. When such a loaded referendum is to be used, what else can we expect?
The referendum could cause difficulties for the minister due to the difference in position between Liberal Democrat councillors and a Liberal Democrat minister. With the referendum it could be difficult to work out what was meant, especially if there is a close result. It is fundamentally bad for the body politic.
I congratulate West Lothian Council on its referendum. West Lothian is part of the congestion problem in Edinburgh, so it has to be part of the solution. The way forward is to follow the path down which we are heading to regional transport authorities that allow such matters to be dealt with, because Edinburgh cannot address congestion that comes from elsewhere. West Lothian has to be brought on board, as do East Lothian, the Borders and other areas.
Edinburgh cannot drive forward the issue as it is doing, because it is fundamentally wrong. We did not think that that was part of the body politic in Edinburgh. Someone referred to it being typical of the west of Scotland Mafia, but it is not even that. This is a political matter that brings to mind Ukraine or North Korea. It is simply unacceptable. I back Mr McLetchie in raising the matter.
I congratulate David McLetchie on securing a debate on congestion charging, but I am disappointed that instead of focusing on the impact of congestion charging, he chose to debate the referenda. As Mary Mulligan said, it shows the weakness of those who are against the City of Edinburgh Council's congestion charging scheme that having failed to come up with any realistic alternative proposals to reduce congestion and fund the world-class public transport system that we need, they end up quibbling over the referendum process. It is the lawyer's principle that once one has lost the argument, one should argue about the process.
Does the member not agree that many of the decisions taken by the City of Edinburgh Council on the narrowing and closure of streets and roads in our city have created congestion? It is a bit of a cheek to ask people to pay a charge to solve a problem that in many parts the council created.
I am sorry, but that is nonsense.
There has been a massive rise in congestion in Edinburgh, and it is predicted that it will rise by 30 per cent by 2021 if nothing is done. That is the problem. We cannot build our way out of congestion—something the Tories fail to understand, which is why they have always proposed new roads going through a world heritage site as the solution to congestion.
The truth is that the process has gone through a public inquiry and the council has taken counsel's advice. I will quote from a letter from Tom Aitchison, the returning officer for Edinburgh and for the whole of Scotland at the last European elections. The letter states:
"We have taken independent legal advice from Counsel and the leaflet has been carefully checked against the law of the land and guidance provided by the Electoral Commission. I am confident the leaflet represents a fair and balanced introduction to the issues related to congestion charging".
Tom Aitchison has seen the leaflet. We have heard speculation, and nothing but speculation, from the other parties.
The truth is that congestion charging is part of a package that will bring world-class public transport not just to Edinburgh but to the whole region. That is why it is important. We have to consider congestion charging in the context of the package. I am disappointed that David McLetchie and other speakers have chosen to focus on the process, rather than talk about how we are going to tackle congestion. They have no alternatives to the whole package put forward by the council.
We need to discuss the whole package in the referendum. The City of Edinburgh Council has done the right thing by making it clear that the referendum is about a package, not just about one element of that package. As an Edinburgh citizen, I will support the council in the referendum.
I, too, congratulate David McLetchie on securing the debate. I will focus specifically on the Edinburgh referendum question because the motion is about that, not about what Mr Ballard talked about. Our view on the toll scheme is clear and consistent and has been well explained by the Liberal Democrat council group. The scheme is the wrong one at the wrong time. It is simply a disgrace for the City of Edinburgh Council to try to justify the scheme through a flawed referendum. The council is spending a further £600,000 on its test of opinion. Given that the whole process is a sham before we even begin, that is a ludicrous waste of council tax payers' money.
The decision of the council's Labour group to go ahead with a fatally flawed referendum is terrible for the people of Edinburgh, Fife, the Lothians and the Borders. The biased question means that people will be hoodwinked into supporting a preferred transport strategy that will include tolls that will actually increase congestion by 40 per cent in parts of my constituency of Edinburgh South—that is a fact. I am sure that the council's information leaflet will not tell the voters that, because it is clearly fishing for one answer. It is not only opposition politicians in Edinburgh who are saying that. Professor James Mitchell of the department of government at the University of Strathclyde has said that sending out a separate leaflet is highly unusual.
Will the member take an intervention?
No, not after my previous experience, when the member spoke for a minute.
Professor Mitchell said:
"I would not have thought the council would have done this for the sake of the credibility and independence of the poll."
I have a point of information. Will the member give way?
No.
The problem of the leaflet is bad enough, but the issue surrounding the question is worse. As David McLetchie said, "Guideline two" of the Electoral Commission's guidelines on referendums, including regional ones such as that which we are discussing, states:
"Words and phrases … should not have positive or negative connotations".
However, the proposed preamble and question contain the word "preferred" twice and the word "increased". The wording could be more positive only if it asked people to vote yes directly. Recently, the question for the referendum on the European Union constitution was changed because the original question referred to a bill that Parliament had approved. If that is biased, so is the use of the word "preferred". The guideline is clearly broken and thus the Electoral Commission would consider the question to be unintelligible. However, the council admits that it has not contacted the commission. What is it up to? Professor John Curtice of the University of Strathclyde has suggested that the question sounds like that in the old trade union ballots that asked, "Are you in favour of strike action?"
Questions exist about the legitimacy of the test of opinion—I am not sure that we can call it a referendum—given that up to 17 per cent of Edinburgh people may not be able to vote, as they have unwittingly disenfranchised themselves by opting out of junk mail. The council has made little effort to sign people up, which again takes away from the poll's legitimacy. Overall, it is appropriate that the referendum should be classified in the same category as junk mail, cheap loans and free prize draws. It promises much, but it ultimately has no credibility. I predict that the sensible people of Edinburgh will reject the proposal overwhelmingly.
Kenny MacAskill said that the leaflet that the City of Edinburgh Council will include in the referendum process will bring the business of politics into disrepute. Frankly, some of the speeches tonight are precisely the kind of thing that brings politics into disrepute. As a national Parliament, we should focus on the big picture of the huge transport challenges that are faced by our country in general and our capital city in particular. I put on record my unequivocal appreciation of the efforts that the City of Edinburgh Council is making, under its Labour leadership, to attempt to tackle those challenges.
I do not doubt that certain aspects of how the council has gone about the process have been imperfect, but I doubt whether any of us could have designed a perfect process, given the uncharted territory that we are discussing. However, the council deserves congratulations on attempting to grapple with the issues. We should stop questioning the council's motives in attempting to make progress. Colleagues say that the scheme is the wrong one at the wrong time, but that they are really behind the principles. Right from the start, members have been casting around for reasons to oppose the scheme.
There are legitimate concerns. I represent a constituency that spans the city boundary—it goes into East Lothian as well as the City of Edinburgh—and I have my views and concerns about issues such as the west Edinburgh exemptions, which I have expressed in discussions and communication with the council.
I have my own opinions about aspects of how the consultation process has been carried out. However, on the whole, I have heard no viable alternative proposal about how this city's congestion problems can be tackled. We in this national Parliament should be having that debate, and national politicians should be engaging in that debate rather than concentrating on the minutiae of the process.
There is going to be £720 million of investment into the area, not just the city. Almost half of that investment will go into East Lothian, West Lothian and Midlothian. I want there to be transport improvements that will benefit the areas of my constituency that are inside and outwith the city.
I know how easy it is for people to oppose particular proposals and call for change, but the difficult thing is putting together an investment programme that will make a difference. On the whole, the City of Edinburgh Council has gone some considerable way towards doing that.
I make this plea to the minister for this evening and for the months to come. He should by all means be robust in his scrutiny of the City of Edinburgh Council and the process that it has followed, but the Parliament and the Government should take head on some of the tough choices, decisions and challenges that we need to address to ensure that our capital and our country are fit for the future.
We have just passed a bill about emergency workers. Nurses who used to work in the emergency surgery unit at St John's hospital in Livingston and who now have to travel to Edinburgh because of the health policy of centralisation will have to pay the price if the vote goes in favour of tolls. The impact on people who travel from West Lothian will be immense. Many of those people are low-paid workers who live in West Lothian because they cannot afford the house prices in Edinburgh. They staff the Edinburgh economy and they have a right to have their views taken into account.
It is wrong for politicians to say that this debate is a smokescreen for those who are against the congestion charging scheme. We will return to the issue of local government and referendums again and again. David McLetchie's speech was measured, and the minister must take back to the Cabinet the fact that we will face the issue again and that we will have to consider it properly and fairly.
Members should remember that the wording on the ballot paper was decided by one vote. One vote can make all the difference, which is why referendums have to be fair and have to be seen to be fair. Even those who support the scheme would feel that their case was strengthened if a fair referendum was held.
The impact of congestion charging will not be trivial. The scheme will undoubtedly have a major impact on low-paid workers and it will affect the Edinburgh economy. The City of Edinburgh Council cannot be seen in isolation on this issue.
I agree with Susan Deacon that we must argue the case about why Edinburgh is not only central to the region, but central to the Scottish economy. We cannot have the situation that has gone on for decades, whereby every time that a scheme is proposed, it disappears. There must be consensus that this is about not party-political point scoring, but driving the local and national economies.
However, we have a problem because people are disengaged from politics. They see a major decision being taken even though there are questions about the referendum that should not have needed to be asked. People would take the issue far more seriously if they had respect for the decision-making process.
Last year, the Scottish Executive explained the need for fair treatment of those who would have to pay the charge and those who would benefit from any improvements. I appeal to the minister to acknowledge—I see that he is returning to his seat—that that fair treatment should not just be about the scheme; it should also apply to the decision-making process. The Parliament can make a useful contribution to the debate. We cannot put off considering the issues any longer.
The issues of congestion charging and revenue raising should be separated. The aim is to reduce the congestion level in Edinburgh to that which exists in the summer holidays. I do not want West Lothian commuters to have to pay for the Edinburgh school run. Let us be a bit more imaginative. Let us try to build consensus and drive Edinburgh and Scotland forward.
I was relieved to note that the minister had a return ticket from the back of the chamber, and I invite him to respond to the debate.
I assure you, Presiding Officer, that I did not leave the chamber; I was consulting officials at the back of the room on a technical point.
I am pleased to contribute to the debate, which is important, and I congratulate David McLetchie on bringing this important issue before the Parliament. The City of Edinburgh Council has decided to move forward and seek the views of local people on its proposals early next year. That brings us up to date with a matter that was debated in the Parliament on 18 December 2003. In fact, it was the final debate in the Parliament that year, and it was on a motion in Bristow Muldoon's name. At that point, we were at an earlier stage in the process, but, assuming that the test of public opinion proceeds, we expect to see the results of that exercise in February.
As the City of Edinburgh Council's proposal is developed, at each stage, it is for the council, local people and other neighbouring councils to make representations and make their views known. However, it is principally for the City of Edinburgh Council to ensure that all issues are handled properly and appropriately, and I make it clear that the conduct of the vote is a matter entirely for the council; the Executive has no locus to intervene. Clearly, issues of law and natural justice are important. In so far as those relate to the vote, they are matters for the council to consider—it has clearly done so—and, ultimately, for the courts to decide on.
The minister says that the whole process, including the conduct of the referendum, is a matter for the council, but I put to him the point that was well made by Margaret Smith: if the conduct of the referendum is flawed, how can he, in assessing the outcome, have any confidence in the judgment that is delivered? Does not the Executive have a responsibility to ensure that the referendum is conducted fairly so that, in the evaluation that the minister has to make, he can have confidence in the result that is pronounced?
David McLetchie makes a fair point, to which I will come. The Scottish ministers have a role in the evaluation and scrutiny of the proposal; I will examine that role and explain it to members.
Depending on the result of the council's consultation, the scheme could be submitted to ministers for confirmation because of the legislative requirements that must be fulfilled before any road-user charging proposal can proceed. The Transport (Scotland) Act 2001 requires that, before a scheme can come into force, it must be submitted to and confirmed by the Scottish ministers. I am sure that members appreciate that, due to the quasi-judicial role that ministers play in confirming the order, it would be inappropriate for me to comment at this stage on the proposed City of Edinburgh Council scheme. However, I will of course take into account the views that I have heard in the debate.
I have made it clear that I would approve any charging scheme—in these comments, I am not referring specifically to the Edinburgh scheme—provided that it was fair and appropriate and that there was clear evidence of public support. If the proposal comes before ministers, they will have the options of confirming the order in the form in which it is submitted, confirming the order subject to such modifications as they specify or rejecting the order. We are not at that stage just yet, and the proposal faces several weeks of controversy before the vote. If, in due course, the matter comes to me for consideration, I will examine carefully all the issues that have been raised in the debate, all the issues that the council has presented to me and all the representations that other councils, other organisations and individuals have made.
In the meantime, I wish all members and officials present a happy Christmas.
Meeting closed at 17:49.