English Votes for English Laws

Debate between David Davis and Lord Grayling

Wednesday 15th July 2015 Commons Chamber

[The Leader of the House of Commons (Chris Grayling)]

I beg to move,

That this House has considered the matter of English votes for English laws.

This is, as I promised in the business statement last week, the first of two days of debate on the subject of English votes for English laws. It gives me the opportunity to explain once again the Government’s proposals and to listen to views from across the House. We committed last week to have two days of debate . We will have the second day when the House returns in September. I decided that for practical reasons it was not sensible to have a debate over two days with a large gap between them, so today’s debate is on a motion for the Adjournment. We will continue after the recess with the second day of debate, when the substantive motions will be put and debated. As I committed to the shadow Leader of the House, we will make provision for amendments to be tabled for that debate. It was always the intention that that would happen. The appropriate motion will be passed ahead of that debate to enable her and anybody else who wishes to do so to table amendments for discussion during that day’s debate.

[Mr David Davis (Haltemprice and Howden) (Con)]

I commend my right hon. Friend for amending the timetable on this matter, which is serious and important for the interests of the English, the Scots and the Union. Before the next debate, will he publish a list of the measures in the Queen’s Speech that he thinks will be affected in terms of who can vote for them?

[Chris Grayling]

I am happy to do that. We have already indicated previous Bills that would have been affected by this measure, and we continue to work on that. The certification process that will exist in future has not existed in the past, and there is a fundamental difference between territorial extent as indicated in a past Bill that, for example, might refer to England and Wales as a single jurisdiction but be applicable to England only. I am happy to ensure that what my right hon. Friend asks for happens. In the current Session, I am aware of only one Bill that is likely to be entirely English-only, which is the proposed buses Bill. Many other Bills will be partly English—or English and Welsh—only. I remind the House that, notwithstanding any future certification by the Speaker, every Member of Parliament will vote on every Bill that passes through this place, and no one will be excluded.

--- Later in debate ---

[Chris Grayling]

I am cognisant of the hon. Lady’s point. She would not expect me to announce the business in advance, but I take note of what she says. I can assure her that we will have a sensible process, and of course I will be available to hear comments from Members while the House is sitting and when it returns.

The other point raised with me, apart from the question of timetabling, was Members’ ability to vote on legislation that might have implications for the block grant, the so-called Barnett consequentials. There has been some discussion about how the House makes decisions on the block grant and how the Barnett consequentials work. This House approves the Government’s spending requirements each year through the estimates process, and we did that last night. The Government publish our spending plans, broken down by Department. The cash grants to the devolved consolidated funds that in turn fund the spending of the devolved Administrations are included in the relevant estimate: Scotland Office, Wales Office or Northern Ireland Office. Some of the individual departmental estimates are debated each year. The choice of these debates is a matter for the House through the Liaison Committee.

The decisions on the estimates are given statutory effect in a Bill each summer. The whole House will continue to vote on these supply and appropriation Bills. Through those means, decisions on the block grant funding to the devolved Administrations are taken. The block grant total each year is based upon a number of factors, including the calculation of Barnett consequentials, or the impact of individual spending decisions in different parts of the UK.

There are no readily calculable Barnett consequentials arising from individual Bills, because there is no direct relationship between any one piece of legislation and the overall block grant, even when the Bill results in extra spending or savings. An education Bill for England does not change the Department for Education’s budget outside the estimates process.

The two processes are separate. Decisions relating to departmental spending, including the block grant and the outcome reported to the House, are taken first in spending reviews and then in the annual estimates process. It is up to Departments to operate within the limits of the Budget allocation agreed. Any costs associated with legislation they take through Parliament must be borne within a Department’s overall budget.

We have listened to Members’ concerns and I understand the need to clarify the position relating to expenditure, so I want to be crystal clear. In order to assist today’s debate, I have republished the changes we propose to make to the Standing Orders of this House, with some small but important clarifications. They make it absolutely plain that Members from across the entire House—all Members—will approve departmental spending, which, as I have said, sets out the levels of spending for the devolved Administrations, reflecting Barnett consequentials. All MPs will vote on the legislation that confirms those decisions.

In addition, we have clarified that where legislation involves an increase in a Department’s expenditure, as voted on by the whole House in the estimates process, all MPs will continue to vote on that specific decision. All aspects of public spending will continue to be voted on by the whole House.

[Mr David Davis]

I am one of those who have raised very firmly with my right hon. Friend the question of the Barnett formula. The handling of the House’s procedures is as much about perceived fairness as it is about actual fairness. He is right to say that most Bills do not have large carry-over implications for funding, but occasionally they might and under such circumstances the Bill’s money resolution becomes incredibly important. I make this point speculatively—I have not come to a conclusion on it myself yet—but perhaps my right hon. Friend should allow the House to debate such money resolutions so that if, for example, the right hon. Member for Gordon (Alex Salmond) wanted to object to a particular measure because of its money implications, he could then do so.

[Chris Grayling]

I have listened carefully to my right hon. Friend. Money resolutions will also be voted on by the whole House. There will not be a decisive English say. I take note of my right hon. Friend’s comment on the timing of debates. Mr Deputy Speaker, I suspect that you and your colleagues in the Chair would regard comments about a money resolution as in order in a debate on a Bill, but if that proves to be a problem I am very open to looking at whether we can find another way to ensure that money resolutions can be debated.