English Votes on English Laws — House of Lords, 2015-07-02
Topic: Government Operations
James Wallace (Liberal Democrats, Centre to centre-left): My Lords, first, I thank the noble Baroness the Leader of the House for repeating the Statement. We very much welcome the fact that it is being repeated in our House, given that, as the noble Baroness, Lady Smith of Basildon, said, it clearly raises wider issues that go far beyond the Standing Orders of the House of Commons The Statement was right to reflect on the long history of this issue, the so-called West Lothian question, and there is general agreement that we are beyond the stage where the best way to answer that question is not to ask it. There is an issue there that needs to be addressed. This is the Government's attempt to give a clear and comprehensive answer to the "English question". The Prime Minister, when he first mentioned this on the morning after the referendum—when I very much regret that he switched mode from Prime Minister of the United Kingdom to leader of the Conservative Party—made the comparison between the position of Members of the Scottish Parliament in relation to Scottish devolved issues, and English MPs. But, of course, Members of the Scottish Parliament are elected by a system of proportional representation. I am not holding my breath in the expectation that the Government will ensure that any committee of the House of Commons will also be convened on a proportional basis. We have already seen at the outset a breakdown between the comparisons that were being made The Statement boldly claims: "There will be no changes to procedures in the House of Lords" I echo the points made by the noble Baroness, Lady Smith. Is the Leader of the House absolutely sure about that? For example, the new procedures in the Commons may well affect the overall management of the parliamentary business timetable. Ping-pong may well have to be a more measured process where an English-only or English and Welsh-only Bill, particular clauses or amendments are concerned. Will she join me, at an appropriate point, in asking the Procedure Committee of your Lordships’ House to look at any implications of the changes to the Standing Orders of the other place? In addition, when your Lordships’ House amends a hitherto English-only Bill to affect Scottish, Welsh or Northern Ireland constituents, how will the Commons deal with that when the Bill returns here There is also the issue of defining an English-only Bill or provision. I recall the Bill that introduced top-up tuition fees for English universities being taken through the other place. It is often held up as an example of a decision being swayed only by the votes of Scottish MPs. I was the Higher Education Minister in Scotland at the time, and I had to bring in legislation in the Scottish Parliament months later to address the consequences of that Commons vote. It is not always easy to identify a Bill with impact only in England, or only in England and Wales The trial period for the 2015-16 Session is welcome. Will the review then examine the provision’s success or failure? What happens if there has been only limited or no experience of its operation? The "double majority" and "English veto" introduce significant new constitutional departures, and it is important that we examine these in some detail. Of course, as the Prime Minister said, taking the comparable position—putting England in the same position as Scotland—Members of the Scottish Parliament do not have the last word if Westminster chooses to override it. Section 28(7) of the Scotland Act 1998 makes it clear that Westminster has not lost the power to legislate in regard of Scotland. However, what is being proposed here is in effect an English veto, by a Committee comprised solely of English MPs, and that is not Parliament. Parliament’s rights are being inhibited The question we must ask is, if what is sauce for the English goose is sauce for the Scottish gander, should the Scottish Parliament be able to veto any provision in a UK Bill that relates to devolved matters in Scotland, in the same way that this English Committee can veto any matters relating to England? When we go down that road we open up a very interesting set of issues—which may well take us toward federalism, which I would not object to. Again, however, has this been fully thought through? I hope that the Leader of the House can answer that. The Statement refers to making a real start on the task of how, when and in what format Ministers intend to take this forward. Will there be an opportunity for this House to have a much wider debate on these issues, and in particular how they will affect proceedings in your Lordships’ House?