Devolution (Scotland Referendum)

Lord Murphy of Torfaen Excerpts

Tuesday 14th October 2014 Commons Chamber

[Paul Murphy (Torfaen) (Lab)]

I am grateful, Madam Deputy Speaker, for the minute.

The previous speech exemplified what I thought large numbers of the Conservative party actually felt about the referendum in Scotland, which was that they were not too troubled about whether the Union was broken up. On 17 and 18 September, all of us who were concerned about the Union and its integrity were deeply worried that it could be lost. We were on the brink of our country breaking up. Happily it did not.

[Jake Berry (Rossendale and Darwen) (Con)]

rose—

[Paul Murphy]

That was a bit quick, but I give way.

[Jake Berry]

Does the right hon. Gentleman not accept that the biggest danger faced by our United Kingdom is failure to deal with the English question? Failure to take any action will put the United Kingdom at risk, as English nationalism will seek to break it up.

[Paul Murphy]

I do not accept that for one second. The biggest threat to the integrity of the United Kingdom would have been for the yes campaign to win the Scottish referendum. I am saying not that the yes campaign was insincere but that I did not agree with it. On the following Friday morning, the Prime Minister effectively said, “Thank you very much, Scotland. You are now still part of the United Kingdom.” He then went on for the rest of that speech to talk about the West Lothian question, which struck me as extremely unusual. My right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown) quite rightly referred to the fact that the Union itself is threatened by this constant sniping about the so-called great advantage enjoyed by Welsh, Northern Ireland or Scottish Members of Parliament. English Members make up 85% of this House of Commons. They can swamp all the Scottish, Welsh and Northern Ireland Members put together.

I know of no country that has a system in which there can be either first or second-class Members of the federal or central legislature. Spain, for example, has an asymmetric system of devolution, but Members representing the Basque country or Catalonia, which have highly developed systems of devolution, have the same rights as those representing other parts of Spain. The reality is that we cannot separate Members of Parliament from the mandate on which they were elected.

[Mark Tami (Alyn and Deeside) (Lab)]

I represent a border constituency. Although health is devolved in Wales, our children’s hospital and our heart hospital are in the north-west of England. Neurosurgery for my constituents is done in the north-west of England. I have a view on behalf of the people I represent about what happens in the English health service.

[Paul Murphy]

Of course, and my hon. Friend should therefore be able to vote on matters affecting the hospitals in the English health service that most of his constituents go to.

I am fortunate enough to have seven general elections under my belt. I lost the first—quite rightly, too—which was for a seat in the west of England. Nevertheless, I would have been elected on the same mandate for the constituency of Wells in Somerset as I then was for my Welsh constituency in six successive general elections. I am a British Member of Parliament who happens to represent a Welsh constituency. I am therefore a Member of this United Kingdom Parliament in exactly the same way as any other Member representing one of the 650 seats.

I hope that the Leader of the House, when his Cabinet Committee meets to discuss these matters, will consider the constitutional mess there could be after a general election. When the leader of a party who has the potential to become Prime Minister goes to the palace, the Queen will ask, “Have you a majority and a mandate in the United Kingdom?”, and they will say, “Yes, Ma’am.” Then she will have to ask, “Have you a majority in England?”, because we would have a separate system in the House of Commons in order to deal with matters for which we have all been elected. I was elected on a mandate that included dealing with the English health service and education system, so long as it is a British Parliament that represents people in Wales, Scotland and Northern Ireland. I think that there is an enormous danger.

The Leader of the House said that the issue of English laws being dealt with by English MPs is simple, but it is not. We have been dealing with that for 30 or 40 years, even before devolution in 1998. The Leader of the House will remember, as an historian, that in the 1960s a former Conservative Chancellor of the Exchequer, Peter Thorneycroft—he represented the Welsh seat of Monmouth—said clearly that there cannot be two classes of Members of Parliament. Some years later, in the ’70s, the Kilbrandon commission said that regardless of what legislative assemblies are set up, British Members of Parliament must all have the same duties, responsibilities and rights.

[Mr Graham Stuart]

My hon. Friend the Member for Christchurch (Mr Chope) was absolutely right when he pointed out that the Scottish people voted so that their Scottish Members of Parliament would have less say over affairs that do affect their constituents, but no reduction whatsoever in their say over what goes on in the primary schools, nurseries, hospitals and surgeries in my constituency in East Yorkshire.

[Paul Murphy]

I rather fancy that not one MP or MSP has had that argument raised with them when they go knocking on doors.

The issue of English laws for English Members of Parliament is also impractical. When I was Secretary of State for Northern Ireland and Secretary of State for Wales, we always had to deal with the issue of whether a Bill was actually an English Bill. Of 400 Bills introduced over the past few years, only eight were purely English. There are clauses that affect Wales, for example, and Bills that overall affect Wales, so we cannot easily disentangle them. If it is only eight out of 400, it is hardly worth it.

Also, as my hon. Friend the Member for Alyn and Deeside (Mark Tami) noted, the cross-border issues are hugely important, particularly in north-east Wales and north-west England, where there is huge fluidity on both sides of the border. We have not mentioned the Barnett formula, but Lord Barnett—we should mention him, as he is 91 today—would say that the formula is consequential on what happens to British spending.

Very few Members have mentioned the other place. A Welsh peer, a Scottish peer or a Northern Ireland peer would be prevented from voting on issues affecting England if the Government had their way, but over there, up the corridor, the peers can do precisely what they want to. People might say, “Ah, they’re unelected”, but what would have happened if there had been a yes vote in the referendum? We would have had to work out who was or was not a Scottish, Welsh or Northern Irish peer. All these issues are very difficult and complex, and I do not believe for one second that we can resolve them easily. I think there is an issue with the McKay commission. There are ways of dealing with our Standing Orders, perhaps at the Committee stages of Bills, that can perhaps address some of these points.

Ultimately, the only way to resolve the issue of devolution and English laws for English Members of Parliament is for there to be devolution for the English regions. It might not be the same in all areas—London would be different from Manchester, and Manchester different from the north-east of England—but there is undoubtedly a growing feeling that there should be devolution for our great English cities. The time to start looking at these issues will be when that happens, not when we need to emphasise, above all, the integrity of the United Kingdom.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

I am surprised that the right hon. Member for Torfaen (Paul Murphy) said that the Conservatives, good Unionists that we are, had not supported the Better Together campaign. You will remember, Madam Deputy Speaker, that you and I attended the first meeting of Better Together in London, strongly supporting—[Interruption.] No, we did attend that meeting. Conservatives took part in the campaign. I think that Ruth Davidson has been widely praised in that regard. Certainly in my constituency we were rooting for the Scots to stay in the Union, and it is insulting to say otherwise.

Even in Hertfordshire, in the middle of England—it is perhaps worth considering this if one is from a different part of the UK—my constituents were writing to me to say how important it was to them that the UK should stay together. One wrote that having come from a forces background, he had served with people from all parts of the United Kingdom, including Scotland, and it was very important to him that we should stay together. Many others wrote with their memories of working and fighting together for the United Kingdom. There was real enthusiasm and pleasure in Hertfordshire that the Scots chose to stay.

[Paul Murphy]

Let me tell the hon. and learned Gentleman that I was in no way suggesting that the Conservative party, as a party, was in favour of Scotland leaving the United Kingdom—far from it. He is quite right: the Conservative party in Scotland did a very good job. I was hinting—perhaps more than hinting—that a number of his party’s Back Benchers were not as in favour of the outcome as he is.

[Sir Oliver Heald]

I would not accept that.

The political parties have now promised even more powers to Scotland on a tight timetable. It is very encouraging that the document that was promised by the end of the month has come out three weeks early and that we seem to be making the sort of progress that we all would have hoped for with the so-called vow.