English Votes for English Laws and North Wales Debate
Full Debate: Read Full DebateAlbert Owen
Main Page: Albert Owen (Labour - Ynys Môn)Department Debates - View all Albert Owen's debates with the Leader of the House
(9 years, 1 month ago)
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I beg to move,
That this House has considered English votes for English laws and North Wales.
It is good to see so many hon. Members from across the United Kingdom who are interested in North Wales. That was the purpose of this debate. We live in interesting constitutional times and I welcome the opportunity to put the case for Wales, and North Wales in particular. In the 1880s we had the Irish question. In the latter part of the 20th century, there was devolution to Scotland, Wales and Northern Ireland and we had the West Lothian question. Today, we have the North Wales question, which is an important constitutional issue.
Although I support it, devolution is unbalanced, asymmetrical and needs adjusting, but I do not believe the Government’s proposal for English votes on English laws is the answer. The UK Parliament is creaking and the devolution settlement is messy, but we need to deal with it objectively through a UK constitutional convention. That is the basis of my argument.
I want to make it clear that I support devolution. I supported it in the 1970s, when the majority of my party did not, and I supported it in 1997-98, when it was the will of the Welsh people, and the people of Scotland and Northern Ireland. It is important to remember that part of that devolution settlement was the creation of the London Assembly and the establishment of the Mayor of London, giving powers to the largest city in England. That was important, but we should have gone further. I am not just saying that with hindsight; I was arguing for it at the time, before I was a Member of Parliament, because I could see that it was an uneven settlement. I should have liked the regions of England to have an element of devolution, too, because that would have provided balance.
I go a step further than my party: I believe in a federal United Kingdom. I think we should have an English Parliament within the UK. We should retain the UK Parliament for foreign affairs and other bigger issues that concern the whole United Kingdom. I know, because I am a realist, that this is not an issue for today, but we must look to the future for a UK convention on constitutional rights.
Will the hon. Gentleman explain whether there would be a separate House of Commons in a federal organisation, compared with the English basis, or can they be combined?
I appreciate that intervention from a fellow islander. I was in Jersey yesterday, watching the Island games and cheering Isle of Wight on. The hon. Gentleman makes a serious point. We need a proper convention to consider these issues, because some of the arguments have not been dealt with in great detail in this House. The knee-jerk reaction of having English laws and English votes is not the answer; it is a sticking plaster and it will cause more problems than it will create solutions.
Is the hon. Gentleman acknowledging that the devolution settlement established in 1999—the creature of the Labour party, of course—is grievously flawed?
The call for devolution in the ’70s was so strong that there had to be a reaction to it from the UK Parliament. I mentioned in my opening remarks that there should have been a more balanced version, with more English devolution, at the time it was introduced. I am sure that the right hon. Gentleman would have supported that, because he is now a pragmatist and in favour of the current constitutional settlement.
Obviously, that happened. If it had been done at the same time as the London Mayor, and perhaps at the same time as another region, perhaps others would have clamoured for it later. I accept that that was an error. However, the right hon. Gentleman’s party, which opposed devolution at that time, has now wholly embraced it, so the Labour party has done his party a favour, moving it forward in many ways. The right hon. Gentleman, a pragmatic Secretary of State who wanted more devolution for Wales and for the rest of the UK, is evidence of that. I welcome the fact that many Conservative Members of Parliament have taken this journey, but I want the direction of the journey to be clear in future.
This is an important subject. Does my hon. Friend agree that there are many types of devolution? He talks about English devolution. Once upon a time, I served as a borough councillor in London and I think the emphasis there would be on London-wide devolution, with virtually no interest in English devolution. Does he also agree with his predecessor, the late, great Cledwyn Hughes, who spoke of an authority for North Wales? I am not necessarily advocating that as a model, but there are different types of devolution and all have to be considered in the round.
I am grateful for that intervention. I will develop my argument a little further, but my point is that devolution needs to be close to the people. In the original Welsh devolution settlement, the Assembly had regional bodies where we discussed many issues. I do not want devolution to be just a movement of powers from Westminster to Cardiff Bay: within Wales, I want it to go to Colwyn bay and Cardigan bay, and to Cemaes bay in my constituency. That is real devolution and that is what I am advocating. Devolution should not just be for one part of the UK. We need even distribution of devolution across the UK.
Of course, the reality is that the decisions of the Assembly have led to power being centralised in Cardiff, out of the regions of Wales. That is a product of the very devolution that the hon. Gentleman professes to support, and it happened because of decisions taken in the Welsh Assembly by elected Welsh representatives. Is he arguing against the devolution that has happened in Cardiff?
The hon. Lady was a North Wales Member of the Assembly. My criticism is not just about the institution or the Government in Cardiff Bay. North Wales Assembly Members should be making a stronger case for North Wales. That is what I am doing today, as a North Wales MP. I will argue, when I have a chance to develop my argument without interventions, that there needs to be representation from North Wales MPs in this debate.
The debate has gone a bit sterile post-Scottish referendum, partly because of the Prime Minister’s reaction on the morning after the referendum result, which I very much welcomed. Instead of being statesmanlike and trying to strengthen the Union after the referendum result, he chose to talk about one part of the UK: England. The Union is not strengthened by isolating and talking about one part of it. Unionism must be about the whole UK. That is why I am arguing for North Wales MPs having a strong voice and being equal in this UK Parliament. We are all elected under the same franchise and we should be allowed to debate and vote on the same rules and regulations that are before this House, and there should be no exemption. No Parliament will succeed if it has two tiers of representative. We all have the same mandate and we are here to represent our constituents and the UK, but we will not be able to do that if we go down the avenue proposed by the Conservatives. That is the gist of my argument. I will put some detail on it in the next seven or eight minutes, after which I will sit down and allow other hon. Members to contribute.
Devolution has to be more than just a theory: it has to be practical and real because it concerns services, such as health and transport, which are often provided east-west in the UK. Most decisions on transport that affect Wales are made here in the Department for Transport. The debacle over the west coast main line affects not just my constituents, but the whole of North Wales and the whole of England. It is an interconnector and a corridor between Ireland and London, going through North Wales. It would be crazy for North Wales MPs not to have a say or not to be able to question the Secretary of State when big decisions go wrong, such as when millions of pounds of taxpayers’ money is squandered by errors in the franchise process. That affects my constituency and services to my constituents. I travel on that train every week, and I know the composition of its passengers: they are from North-West Wales, other parts of North Wales and England. We need to have a voice in this House when we debate such issues, so that we can express our views and vote on big decisions that affect our constituents.
I am extremely grateful to the hon. Gentleman, who is being very kind in giving way. While I agree with the thrust of his argument, is he not choosing a rather bad example, because railway services are not a devolved issue?
I am trying to make a number of points, but I am being intervened on every couple of minutes; I am trying to develop a stronger argument about transport and other public services—health, for example. The right hon. Gentleman and I sat on the Welsh Affairs Committee many years ago, and we realised that there were anomalies. People from North Wales use specialised services in English hospitals, such as the Christie, Alder Hey and the Walton Centre; those specialisms cannot be delivered in general hospitals across the UK. They are specialist UK institutions providing some of the finest services in the world, and I want my constituents to be able to access them, but I also want a say if big decisions are to be made on whether to cut those services, because that would affect my constituents. I am not making the argument from an ideological point of view; it is about real services for real people. That is the principle here.
My hon. Friend is making an excellent point about North Wales, but what he says is equally true of South Wales. Some 48% of the Welsh population lives within 25 miles of the border, so in constituencies such as mine, many people use the English NHS and English schools and travel to work in Bristol and elsewhere.
My hon. Friend is absolutely right. This debate is about North Wales, but there are important issues in South Wales and southern Scotland and England that need to be looked at, which is why we need a proper UK constitutional convention, so that we can deal with all these points properly and in a sober manner. We need decentralisation, but in a balanced way, rather than simply devolving powers from one capital city to another.
I agree with the point that the hon. Member for Eddisbury (Antoinette Sandbach) made about over-centralisation in some smaller countries after devolution. Instead of devolving power closer to the people, there is a tendency to have political control at the centre. I make no bones about it: in the 1970s, I was arguing against decentralisation. Some of the best devolution in the British state has been the Driver and Vehicle Licensing Agency move to Liverpool, the British Council move to Manchester and various bodies’ move to Scotland. Moving institutions helps to create local economies and a more balanced United Kingdom. I am certainly not happy with everything that has happened in the devolution settlement, but I believe that the response of the Conservative Government and the previous coalition Government is a sticking plaster that will cause more problems than it will create solutions. That is the reason for this debate.
I want a UK Parliament to look at defence and other issues if we are to have an English Parliament, but I am a realist and I do not think there is the appetite for that at the moment. However, the answer is not exempting Welsh, Northern Irish and Scottish MPs from issues that Parliament is discussing. I do not think there is a Parliament anywhere that has different degrees of power within the legislature. Yes, some Parliaments have more than one Chamber to discuss things in detail, but the proposals in front of us, drawn from different reports and different exercises that the coalition Government put together, are wrong for a number of reasons.
I made the point that we are all elected equally on an equal franchise. We should have Second Reading debates where everyone can take part.In Committee where detailed amendments are discussed—for example, amendments dealing with health and how an English trust is run, which may affect my constituents, so they are important—I should have some input, or a chance to be on the Committee. If I do not get on that Committee, I can debate such measures on Report on the Floor of the UK Parliament. UK parliamentarians should be involved in that process. If we go down the road the Government propose, what is next on the agenda? What procedures will be passed upstairs that will exempt English Members from talking about different parts of England? That logic can be applied to the proposals as they stand, which is worrying.
I will give way one more time, because I want to hear the English dimension on this issue. I know that the hon. Gentleman wants to speak for England.
I speak as the person who was the shadow Secretary of State for Scotland for the shortest ever time: five days. That was a result of making untoward remarks on “Newsnight” in favour of some form of federal solution of the kind the hon. Gentleman describes. I want to pick up on the point he was making a moment ago on the importance of him having a say on health matters, because his constituents use the health service in England. That is true of course and I do not disagree with him, but my constituents may well use the national health service in Wales, and I can have no say in how the NHS in Wales is run. Why should it be one way and not the other?
I understand why the hon. Gentleman makes that point, but I am talking about specialisms, not general hospitals or general practitioners. Hospitals in England used by patients from North Wales were built by North Wales people specially in those locations to serve England and Wales and the rest of the United Kingdom. Let us be honest; we cannot have specialisms in every region of England and every part of Wales, Scotland and Northern Ireland. We have some of the best hospitals in the world in certain areas of the UK, and we need to be able to discuss them in the UK Parliament. It is not right to exempt MPs from that. I understand the hon. Gentleman’s frustration at having no say on general health issues in Wales, but it is more important to look at specialisms and the reality of what our constituents face, rather than the theory to which he refers.
The hon. Member for North Wiltshire (Mr Gray) makes a valid point about a frustration he faces, but he can still speak on equal terms in this Parliament to the Secretary of State for Wales or the Department of Health and raise those issues. Under the Government’s proposals, he would not be able to speak or move amendments on those issues at all.
Other Members, if they catch your eye, Mr Crausby, will be able to give examples of using services closer to the border in far more detail than I will, but I am laying out the context. It is a dangerous constitutional move to exempt UK Members in a UK Parliament. We are all here as equals. I do not want to be a second-class MP. I want the same rights and responsibilities as other Members.
We should have a written constitution to underpin all this. The present situation is a mess. We celebrate 800 years of Magna Carta, but we do not have a 21st-century constitution. The world has changed in those 800 years. We did not have NATO, the UN or the EU back then. We need to look at our constitution and the bloody battles we had instead of resolving this around the institutions.
I do not think the Conservative party and the coalition looked at the issue seriously. I do not agree with the Scottish National party when it talks about independence, but I do think it has the right to have that debate. Scotland had the debate and the vote. Its Members of Parliament were elected under the same franchise as the Welsh, Northern Irish and English Members and they have the same rights in this place, which is what I am defending. However, the North Wales case is special because of our east-west relationship in transport, health and the economy. We have large employers in England and large employers in Wales, and there are cross-border issues in that regard that are dealt with by the UK Parliament. I would have spoken for longer on some of the technical issues, but this debate is about empowering people and maintaining the right of MPs to speak on their behalf.
We need to have a proper UK convention on the constitution. We cannot go on piecemeal; we need to look at this in a broad context, and it cannot be done behind closed doors or in corridors. A Conservative manifesto is being pushed through without thought to exempt a large number of MPs from debates who represent areas that have been represented here for centuries. One reason we had the Act of Union when Wales became a part of the United Kingdom was to have equal representation, and that has not changed. I understand the need to have fewer MPs from areas where there are devolved Administrations, but we should not exempt those Members from voting on laws in the UK Parliament.
Let us have a proper debate. I hope that today’s discussion will help to highlight the North Wales question in some way. The Leader of the House has said that he wants a proper debate on English votes for English laws, but I want to debate the whole issue, and I want to protect my constituents’ right to elect an MP who can speak on their behalf.
It is a huge pleasure to serve under your chairmanship, Mr Crausby. I commend the hon. Member for Ynys Môn (Albert Owen) on securing an important and timely debate. It is timely, of course, because we are considering a lot of constitutional legislation, including the Scotland Bill, which continues in Committee today, and the proposed procedural changes to the rules of the House.
I agree with most of the thrust of the hon. Gentleman’s argument. That said, the issue of fairness must also be considered. It cannot be fair that a Member of Parliament for a part of the country in which powers are totally devolved should have a vote—possibly a determinative vote—on matters that do not affect either that Member or their constituents. I am pleased to follow the hon. Member for Ellesmere Port and Neston (Justin Madders), who illustrated the cross-border problems quite nicely. He neatly demonstrated the frustration of English Members that they often have no voice in any democratic assembly on issues concerning them and their constituents. That cannot be right.
The problem is that the devolution settlement imposed in 1999 is frankly not fit for purpose. It does not work; it is a lash-up and it needs to be revisited. The hon. Member for Ynys Môn talked about a constitutional convention, but the fact that he had to do so shows that he also recognises that what was put in place by the Blair Government back in 1999 is not fit for purpose and ill serves the people of both England and Wales.
I will be brief, as I have already spoken at some length. As Secretary of State for Wales, the right hon. Gentleman’s answer to the problem was more devolution. He just added to the devolution settlement. We need a constitutional convention so that we can pause to consider and reflect on the matter at a UK level.
I certainly believed in more devolution of taxing powers and was a firm advocate of that. The hon. Gentleman makes a different point, which I will focus on in the time remaining.
What we have in North Wales, as the hon. Gentleman rightly says, is a wholly different state of affairs from that which prevails in South Wales. The Welsh devolution settlement was put in place by South Wales politicians who did not really understand North Wales, did not understand that North Wales is part of the north-west economic region, did not understand the need of North Wales patients to access medical treatment in the north-west of England and did not understand the historical and cultural ties that bind the people of the north-west of England and North Wales.
I will support the procedural changes to the rules of the House provided that they fully reflect the interests of the people of North Wales and their representatives. I will join the hon. Member for Ynys Môn in pressing for that when the matter is considered by the House. More importantly, the Wales Bill to be introduced later in this Parliament presents an opportunity to address the whole issue of devolution and to sort out the problems that were identified by the hon. Members for Ellesmere Port and Neston and for Ynys Môn. We should take the opportunity to try to improve a devolution settlement that is unfit for purpose.
My hon. Friend is quite right: we must address those issues. I will come on to that point in a minute. On the doorstep, some people pointed out the unfairness of the current situation—with particular regard to Scottish MPs, in fact; Wales was mentioned to a lesser degree—and that unfairness is ultimately a consequence of devolution. The First Minister in Wales has said that laws that affect Wales should be made in Wales—meaning by Welsh politicians. The follow-on from that is that laws that affect England should be made in England by English politicians. People cannot have it both ways.
The proposals certainly have a good deal of pragmatism behind them. That said, Wales is in a different position from Scotland in many respects. In North Wales, many live near the border, and the political boundaries do not reflect the reality of people’s day-to-day lives—where they live and work. Yes, roads, universities, energy projects and environmental issues in England affect our constituents, but having said that, they need to travel out of North Wales for that to be the case.
Today I want to highlight the issue of health. As a doctor, I am well aware of the issues that have been brought up about hospitals in the north-west. The Countess of Chester hospital, where I have worked, was built on the basis that about a third of the patients would be from Flintshire, which is still the case in many respects. Alder Hey, Gobowen, Broadgreen, Liverpool women’s, Arrowe Park and Walton are all hospitals that rely on the throughput of North Wales patients—
And many of the staff live in Wales, of course. The services at those hospitals exist because of the North Wales patients. This happens the other way around, but to a lesser extent; there are not many services in North Wales to which English patients travel. That said, there are English patients registered with Welsh GPs and vice versa. North Wales is a particular case; services in north-west England are designed for and accessed by North Wales patients. That perhaps does not apply in other areas.
Unfortunately, as my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) mentioned, many voters are unaware of the devolution settlement, or disregard such things. Some of the issues, to be honest, challenge the rationale of Welsh devolution, certainly in so far as North Wales is concerned. In summary, the key thing for me is that the decision as to what is an English-only matter will be difficult, requiring much consideration to ensure that the voices and interests of North Wales residents are not overlooked. I foresee that many issues will be both English and Welsh, and not English only.
I will finish with what has happened over the past few days. I am sure that Members from Wales, and certainly Members from Scotland, are carefully watching.
The hon. Gentleman is right. In the past few days, we have had the Scotland Bill and a series of amendments that the Scottish Parliament decided were necessary. They were agreed with the Scottish Parliament. We put the amendments to the House— 56 out of the 59 democratically elected MPs from Scotland, reflecting the will of the Scottish people in those amendments. What happened? English Members voted them down. If EVEL is good enough for them, what about WVWL, Welsh votes for Welsh laws, or ScVScL, Scots votes for Scots laws? English Members are happy to turn up to Scottish and Welsh questions, as they should, but this has to work both ways. We cannot have English Members voting down the settled will of the Scottish people that comes to this House through 56 out of the 59 MPs and then demanding that we have no say over legislation that will have an impact on—a severe one in some cases—and have financial consequences for our constituents.
There is an elegant solution. It is called federalism. It is called doing things properly, which is what we again put to the House. We do everything in terms of collecting our taxes and making our own decisions, and we come together in the United Kingdom Parliament to determine foreign affairs and defence issues. We put that elegant solution to the House. As long as we have asymmetric devolution, which never seems to satisfy English Members, our Welsh friends or us, we will always be revisiting the arrangement and it will always be untidy. There will always be problems and issues, but that is what the Government want and they will have to accept the consequences. It will never be neat and tidy. We will always have issues to deal with and tidy up.
Unless we adopt the solution, which we will offer again and again throughout this Parliament, whereby this nation comes as close to federalism as possible, as was promised during the referendum, we will never resolve a situation in which one nation makes up about 80% to 85% of the population of this country. Unless we get close to federalism, we will continue to revisit this issue, we will never resolve it and we will have debates, like this one, in which no one is happy about something in the United Kingdom. We have great unhappiness in Scotland, England and Wales. For goodness’ sake, let us sort it out and get it fixed. Let us have federalism and ensure that everybody knows what they are dealing with.
It is a pleasure to serve under your chairmanship, Mr Crausby. I congratulate my hon. Friend the Member for Ynys Môn (Albert Owen) on obtaining the debate. The debate has been attended by 23 Members, which shows the interest in Parliament, although it is odd that no Plaid Cymru Members attended. However, the nationalist position was put well by the hon. Member for Perth and North Perthshire (Pete Wishart).
The devolution genie is well and truly out of the bottle, which is probably a good thing, as it allows people to make decisions closer to their place of impact. However, here in the United Kingdom devolution is permissive, asymmetric and uneven. There is an understandable need to devolve more powers and responsibility to the English regions, but the thorny question is how to do that in a balanced, proper way. We have separate Assemblies in Wales, Northern Ireland and London, with a Parliament in Scotland, but nothing in England between the UK Government and local authorities. The space is now being filled with a rush to devolve powers to city regions such as Greater Manchester, which raises significant questions about accountability and generates a debate about the value and purpose of the United Kingdom, what powers it is appropriate to keep at which level, and what powers should be devolved and to whom. Those are difficult questions with uncertain answers.
Into that quagmire the Prime Minister went on the morning after the Scottish people spoke so clearly and strongly in favour of remaining in the United Kingdom, when he chose to proclaim boldly on the steps of Downing Street the notion of English votes for English laws. It was neither the time nor the place for him to behave as the leader of a political party rather than as the United Kingdom’s Prime Minister. Mischief making and political posturing are not the way to determine how our nation should proceed on this difficult question. It is far too important for that. The challenge demands statesmanship, careful thought and inclusive action.
We are sometimes obsessed with borders, but the reality, as today’s debate demonstrates, is that real people do not live contained and constrained by borders. As my hon. Friend the Member for Alyn and Deeside (Mark Tami) perceptively observed, in reality the border does not exist. Real life is complicated and messy. In 2012, the McKay commission was quite properly given the task of considering how the House of Commons might deal with legislation that affected only part of the United Kingdom, following the devolution of certain legislative powers to the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales. In the report of March 2013, McKay concluded that the
“use of a specially-constituted public bill committee with an English or English-and-Welsh party balance is the minimum needed as an effective means of allowing the voice from England (or England-and-Wales) to be heard; it would retain the opportunity at report stage for amendments to be made to a bill to implement compromises between the committee’s amendments and the Government’s view, or even— though we would expect rarely—overriding in the House what was done in committee”.
Done in the right way, that has the potential to be a sensible reform, which would strengthen English and Welsh voices without creating two classes of MP. It must now be properly and fully considered.
We must not inadvertently undermine the union of nations that is the United Kingdom by pushing forward hasty proposals drawn up in secret or pursuing partisan positions. The hon. Member for Perth and North Perthshire is right when he says that that needs the utmost scrutiny. My hon. Friend the Member for Ynys Môn is also right when he warns of the danger that English votes for English laws will be a sticking plaster that causes more problems, and when he calls for a UK convention on constitutional rights.
One of the best examples of the anomalies in the proposal was transport in London. Is that an England-only or a London-only issue? It is not just a question of the three nations outside England; questions arise within England.
My hon. Friend is right, and further devolution across England raises more such questions. That is why the issue is complicated and messy, needing time to get it right, rather than a rush to something that will make things much worse.
Hon. Members have raised important questions, which should be properly considered. We need to ensure that the voices of residents of North Wales continue to be heard through their elected representatives. Wales is a small country, but it is well integrated within England, as we have heard. It has received more powers in the 16 years since the Welsh Assembly was created: it now has primary law-making powers, and it is getting financial powers in the form of control over stamp duty, landfill taxes and business rates. The Government, as the former Secretary of State, the right hon. Member for Clwyd West (Mr Jones), reminded us, will introduce a Wales Bill later this year which will devolve further powers to Wales in the areas of energy, transport and the environment. We welcome that.
It is right that we recognise the need to reflect the devolution settlement in the way that Westminster works, but we must also take into account the integrated nature of the economy and society in North Wales. Many hon. Members, including my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders), made it clear how closely interrelated the economies are.
I do not think the English question has been answered, and the North Wales question has certainly not been answered when it comes to devolution. One thing that has been left hanging, even though the Minister had the opportunity to deal with it, is whether, if there was a London transport issue, that would be voted on only by London Members or by those from the rest of England—it would not be England-only, but London-only. We are talking about the UK transport system having all UK MPs—from Northern Ireland, Scotland and Wales—all voting with equal status. That was the purpose of today’s debate. That is how we should be going forward.
Question put and agreed to.
Resolved,
That this House has considered English Votes for English Laws and North Wales.