I disagree with the right hon. Member for Gordon (Alex Salmond), because the creation of the Irish Free State in 1923 involved the creation of a separate sovereign state. In the light of last year’s referendum result, that is not what we are doing here. We are trying to create a quasi-federal state that will recommend itself to the citizens of all parts of the United Kingdom while preserving this basic unity. One of the bases of that unity is the Crown, and the Crown Estate is intimately linked to the Crown. That is why matters relating to the Crown have always been reserved here. To that extent, the proposed change should not pass without comment, and I will be interested to hear from the Secretary of State how the safeguards will be introduced.
There are other oddities relating to the way in which the clause is drafted. Indeed, I have spent quite a lot of time trying to fathom out why it has been drafted in this way. I think it is understood that parts of the Crown Estate could end up not being devolved, because certain aspects of partnership operations would not allow for that to happen. I would be grateful for the Secretary of State’s comment on the fact that the option appears to have been preserved for the creation of a completely new and separate Crown Estate in Scotland, based on purchases made in Scotland by the Crown Estate Commissioners of the United Kingdom, who are still based in London. Without that option, the wording of some of the provisions in clause 31—particularly of proposed new subsection 90B(5)—would otherwise be incomprehensible. I would be interested to hear what the Secretary of State has to say about that. I must assume that it has been done deliberately in order to allow for the possibility of the Crown Estate’s Commissioners of the United Kingdom to continue to make investments north of the border if they so wish. There is nothing wrong with that, but it raises further questions.
Perhaps I am approaching this from too much of a lawyer’s point of view, but the nature of this debate does not seem to lend itself to simplicity. The lack of simplicity has the potential to undermine the aim that I have, as a Unionist, to find a long-term or permanent settlement—albeit not the one under which I lived 20 years ago—that will last for the United Kingdom and for all its parts. I hope that the Secretary of State will forgive me for saying that this aspect of the legislation highlights an underlying concern that we are gently salami-slicing our constitution.
The right hon. Member for Orkney and Shetland (Mr Carmichael) raised the question of changing the Standing Orders of this House by means of only one afternoon’s debate. I have considerable sympathy with that point, and I hope that I will be in a position to add to it tomorrow. There might be good reasons why that is the only way we can proceed, but I believe that we shall have insufficient time in which to debate the matter properly.
For all those reasons, I hope that my right hon. Friend will provide the answers to all my specific questions on the details of the Bill in due course. It strikes me that
the end product could be two Crown Estates north of the border, one of which has been devolved—although it is unclear how this Parliament would retain its fiduciary duty to ensure the estate’s good management—and another completely new one that could be created some time in the future.