English Votes on English Laws — House of Commons, 2015-07-07
Topic: Government Operations
Edward Samuel Miliband (Labour, Centre-left): It is a privilege to follow the hon. Member for North East Somerset (Mr Rees-Mogg), a constitutional scholar who spoke with great authority There is no doubt in my mind that the Conservative party has a right to take action on this issue. It won a majority at the general election. It has a right to take action and it has the power to do so because it has a majority in this House. The question for Conservative Members is: what is the right way of doing this? That is what I want to talk about Government Members are in the Conservative and Unionist party. I suggest that the way the Leader of the House is going about this is true neither to the Conservative tradition nor the Unionist tradition. No good will come of the way he is going about his proposals, and I want to explain why. This goes to the point that the shadow Leader of the House made about how this is done: whether it is rushed through next week, through Standing Orders, or done in a considered way. I wish to focus on the issue of English-only Bills. This is not just about English-only Bills, because English-only clauses are mentioned in the Leader of the House’s proposals. You, Mr Speaker, will have to certify not only whether a Bill is England only, but whether a clause is England only. That will be an unenviable task The hon. Member for North East Somerset said that this issue has been around for 130 years. He is absolutely right about that, but why has it been around for that long? This is what Gladstone said in 1893 when he abandoned his second home rule Bill: "it passed the wit of man to frame any distinct, thorough-going, universal severance between the one class of subject and the other" In other words, this is what is now the English-only question. In his time, it was a distinction between the Irish legislation and so-called "imperial legislation" Let us fast-forward to 1965, when Harold Wilson was the Prime Minister. He was furious because his Bill to nationalise the steel industry was defeated by the votes of MPs from Northern Ireland, so he told one of his Cabinet, "We’ve really got to do something about this." The person in question said, "I think that is not very wise, Prime Minister, because it is really hard to make the distinction. Gladstone tried it." Wilson therefore set up a royal commission, which reported in 1974, concluding that we could not distinguish between the so-called "ins" and the "outs" The reason I made the intervention I did on the Leader of the House is that this is at the heart of why this problem—it is a problem and an anomaly—has not been solved in 130 years. With all due respect, he proposes to do it on the back of a fag packet next week. I therefore intervened on him, following the intervention by the right hon. Member for Gordon (Alex Salmond), to ask how you, Mr Speaker, were supposed to decide on what was an England-only Bill. The Leader of the House said it is simple—it is a devolved matter. But then we have to deal with the issue of tuition fees, as clearly a rise in tuition fees has Barnett consequentials. So goodness knows This is where I come to the real thing, and why I appeal to Conservative Members to think how they are going to vote next week. The question before us is: does this strengthen or weaken the United Kingdom? There is clearly an English question to address, as the general election illustrated to me very clearly, but the issue is how we address it sensibly Let us just fast-forward to this Session of Parliament once this proposal goes through, if it does. It is not as though the problem is going to be solved—the problem just begins, because the arguments made by the hon. Member for North Down (Lady Hermon) and the right hon. Member for Gordon will be played out not just in this House but throughout the United Kingdom. People will be saying, "That is an outrage. The Speaker has ruled that is an England-only Bill but it affects us." Other people will be saying, "That is an outrage. He said it is not an England-only Bill." That takes me to the simple point: we are talking about something of such huge constitutional significance. I say to Conservative Members: you have the power, of course you do, but do not use it next week because it is not true to your traditions. Your traditions are to be the Conservative and Unionist party, but this is neither for Conservatism nor Unionism.