English Votes for English Laws

Debate between David Jones and David Hanson

Wednesday 15th July 2015 Commons Chamber

[Mr Jones]

That may be the case, but my constituents in upland north Wales are still bemused as to why it is happening. It needs to be addressed. I commend my right hon. Friend the Leader of the House for trying to address an issue that has been put off for far too long.

I believe that the method of addressing the problem, through a change in Standing Orders, has been handled sensibly. My right hon. Friend has told us that it will be reviewed after 12 months. As my hon. Friend the Member for Beverley and Holderness (Graham Stuart) pointed out, a change in Standing Orders is a fragile and tentative means of addressing the issue. We are going through an extensive consultation at the moment, and again I commend my right hon. Friend the Leader of the House for listening to the concerns expressed on both sides of the House. It is right to give the process the benefit of the doubt and to road-test it and see where we are in 12 months’ time.

That said, there are issues I want to address. The principal one concerns the test applied to determine whether the new procedures should apply to a particular legislative proposal. This is a matter of certification by the Speaker, who will be required to carry out a double test. He will be asked to consider whether the issue is devolved to Scotland, Northern Ireland or Wales and to determine whether it relates exclusively to England or to England and Wales. I have sympathy with the concerns expressed by the hon. Member for Wrexham (Ian C. Lucas), who pointed out that approximately one third of patients at the Robert Jones and Agnes Hunt hospital in Shropshire came from Wales. This issue is repeated in various other areas. For example, economic development is devolved to Wales, but north-east Wales is very much part of the north-west economic area, so arguments will arise about whether, under the new proposals, north Wales MPs should be excluded from proposals relating to the economic development of the north-west.

The issue that causes most concern, however, is that of health, which is why the hon. Member for Wrexham lighted upon it. North Wales is almost entirely dependent on north-west England for specialist services, as is a good part of north Wales for general hospital services. For example, the constituency of the right hon. Member for Delyn (Mr Hanson) is served by the Countess of Chester hospital, the local general hospital. I remember a few years ago an issue occurred in my own constituency. The Welsh Assembly Government decided that all elective neurosurgery should be dealt with on an “in-Wales basis”, as they called it, meaning that patients from Colwyn Bay would be required to go to Swansea or Cardiff for treatment, which was nonsense. At the time—and to this day, thank goodness—north Wales patients travelled to the Walton centre in Liverpool, an internationally renowned centre of excellence and the local neurosurgery hospital for north Wales, which has Welsh-speaking staff to accommodate Welsh patients. The Speaker, when deciding whether to issue a certification, could not possibly decide that a measure relating to health in north-west England related exclusively to England, because of the heavy dependence of the people of north Wales upon those services.

[Mr Hanson]

While I remain sceptical about the whole process, would a solution not be for the Speaker, when he is minded to certify a proposal, to allow a period of grace—say 14 days—in which to receive representations from Members on both sides of the House?

[Mr Jones]

I was coming to exactly that point. As I said in an intervention on the hon. Member for Wrexham, a mechanism has to be devised so that in areas of doubt, of which there will be many, the Speaker can apprise himself of Members’ views and take any wider evidence he requires to make that determination. It seems to me that there would be nothing to preclude him from doing so on the basis of the draft Standing Orders as they stand. My suggestion to my right hon. Friend the Leader of the House is that an amendment to the draft Standing Orders should be made in order to accommodate that very procedure.

--- Later in debate ---

[Mr Hanson]

The Minister makes the point: I cannot vote on tabled amendments that I have moved in Committee, which I can do now. I can walk through that door to do so now, and I have done for 23 years, being accountable only to my constituents and my colleagues in the Whips Office. I have been accountable to my constituents and my party. I can do this now, but the Deputy Leader of the House is taking away from me a right, which my constituents voted for on 7 May, to speak on any matter in this House. It is important that the Deputy Leader of the House understands that argument, although I am grateful to her for meeting a delegation of north Wales Members and me yesterday.

What matters in Cheshire matters to me—not only in respect of hospital services, but of employment, when my constituents work there, and transport. Is HS2 an England-only matter, for example? The train service will go to Crewe, which will link to north Wales, so it matters to my constituents. The key point is how these matters are to be decided. Who decides what is an “English-only” matter? The draft Standing Orders say:

“The Speaker shall, before second reading”.

What opportunity do I have to put it to the Speaker that there are real issues in my constituency that make it right for me to table amendments and vote on them? What representations can I make on those issues?

[Mr David Jones]

The right hon. Gentleman will know that I share many of the concerns he is expressing. He asks what influence he can have over the process. It seems to me that a dual test is set out on the draft Standing Order. One test is that a matter should relate “exclusively to England”. To follow his example of the hospital scenario, that clearly does not relate exclusively to England, because it serves a large number of Welsh patients. Does he not agree that what we really need is to build a mechanism into the Standing Order to clarify that point?

[Mr Hanson]

I do agree. At the moment, the draft Standing Order states:

“A clause or schedule which relates exclusively to England is within devolved legislative competence if…it would be within the legislative competence of the Scottish Parliament”

or of

“the National Assembly for Wales”.

Mr Speaker could be faced with the dilemma of saying, “This is a matter for the National Assembly for Wales” because it involves health, when both the right hon. Member for Clwyd West and I have a clear interest in it. It is important to have some understanding of how we might be able to influence Mr Speaker by putting representations to him before those decisions are made.

What really annoys me, Mr Deputy Speaker—if I may say so between us, in confidence, in the Chamber today—is the fact that Lord Roberts of Conwy, who has fought five elections in north Wales and not won a single one, and Lord Thomas of Gresford, who has also fought five elections and not won a single one in north Wales, will be able to table amendments in the other place and speak on matters that I, the elected Member, will be unable to speak on.

English Votes for English Laws and North Wales

Debate between David Jones and David Hanson

Wednesday 1st July 2015 Westminster Hall

[Mr David Hanson (Delyn) (Lab)]

I entered the Chamber this morning equal to every other Member attending the debate. I have been a Member of Parliament for 23 years, during which time I have been equal to other Members. That includes the time when the right hon. Member for Wokingham (John Redwood) was Secretary of State for Wales, even though the Government of which he was part had no mandate from elected Members of Parliament in Wales, and, likewise, the time when Lord Hunt was Secretary of State for Wales. I have been an MP at times when we had Labour Secretaries of State for Wales, and when the right hon. Member for Clwyd West (Mr Jones) was Secretary of State for Wales.

Wales has a 170-mile border, and 50% of the population of Wales live within 25 miles of it. That means that my constituents access services, employment and a range of other things in England as well as Wales. It is important to recognise that, and to look at the key challenges mentioned by my hon. Friend the Member for Ynys Môn (Albert Owen). We need to examine how we develop a constitutional settlement that reflects the needs and the real challenges of people who represent seats in England, but feel that they have no say on matters in Scotland, Wales and Northern Ireland.

A number of my constituents work for the fire service in Merseyside, Cheshire or Shropshire. I have key transport links in Crewe; the Halton curve provides a key link between Liverpool and services in North Wales, but it is in England. My hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) mentioned the line to Bidston from Wrexham, which goes through north Wales and is a key issue on both sides of the border. Arriva Trains Wales is devolved, but Virgin Trains provides a service that is not devolved.

There are health services in my constituency that are serviced by providers in England. Specialist services are at Clatterbridge, the Christie and the Royal Liverpool, because of the nature of our region. A third of my constituents were born in England—many at the Countess of Chester hospital, but some, like me, were born elsewhere in England. That even includes people who have played football for England, although they resided all their lives in Wales; they qualify for England because they were born in a hospital in England.

My next-door neighbours are teachers in England. I have constituents who are police officers in Merseyside, Cheshire or Shropshire. The nearest airports to my constituency are Liverpool and Manchester. I have constituents who work at Vauxhall Ellesmere Port in the constituency of my hon. Friend the Member for Ellesmere Port and Neston, or in Chester at the banking and financial institutions there. Why is that important? When Vauxhall Ellesmere Port was under pressure and delegations went to the Secretary of State for Business, Innovation and Skills in England about support funding to keep jobs in the area, I was able to participate. Furthermore, farmers from the constituency of the hon. Member for Eddisbury (Antoinette Sandbach) come to Mold market in my constituency. They come from England to sell their produce in North Wales. What matters in England matters to my constituents in Wales.

[Mr David Jones]

Will the right hon. Gentleman give way?

[Mr Hanson]

I only have a short time and I want to ask the key question: who decides what is a Welsh issue? Under the proposals, the Speaker is supposed to decide. What openness, transparency and representations will there be? How will the Speaker determine what is an English-only matter, particularly when the Government have said that they will extend the principle of English consent to financial matters? Who decides, and what does that mean for not only votes but key questions in the House of Commons? Will I be able to table parliamentary questions in the House of Commons as an equal Member? Will I be able to speak in Westminster Hall as an equal Member? Will I be able to ask for a meeting with the Minister of an English-only Department about matters to do with the fire service, the police, health, schools or employment in my area?