Angela Eagle
Main Page: Angela Eagle (Labour - Wallasey)Department Debates - View all Angela Eagle's debates with the Leader of the House
English Votes on English Laws
Angela Eagle Excerpts(9 years, 5 months ago)
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Chris Grayling
That is absolutely right. Indeed, my hon. and learned Friend might like to know that those with long experience of the workings of this House, including Members of the other place who have worked in positions of authority in this one, are all united in the view that changing Standings Orders is the right way to proceed. As I made very clear in my statement last week, hon. Members may form a different view over the next 12 months. When we review these matters in 12 months’ time, I shall be very open to such views. I am very clear, however, that changing Standing Orders is the starting point.
Ms Angela Eagle (Wallasey) (Lab)
I have the document with the proposed changes to the Standing Orders, which were suddenly presented last week. There are 22 pages of new Standing Orders. My understanding of the procedure in the debate next week is that unless the Government table a motion that allows amendments to be made to them, we will have only one chance to amend them at the end of the debate. Given that there are 22 pages of Standing Orders introducing a range of very complex things, will the Leader of the House use this opportunity to confirm that he will table a motion for next week’s debate that will allow the draft Standing Orders to be amended appropriately, rather than to allow them to be amended just once at the moment of interruption, which would be a farce?
Chris Grayling
One of the reasons for publishing the Standing Orders two weeks in advance was to give Members the opportunity to raise precisely that sort of question. I am very happy to discuss that with the hon. Lady. She has not come to my office to ask me to do so, but if she wants to I shall be happy to discuss with her after this sitting how we are going to handle that debate.
Chris Grayling
The hon. Gentleman does not seem to understand that Standing Orders are not some “obscure mechanism”, as one newspaper called them, but the means by which the House is governed on a day-to-day basis. They determine all the ways in which we operate in this House, so we are using the conventional mechanism by which the House operates. There is nothing strange about that. The question is whether we should do something different, and I am saying that we can discuss that as part of the review in 12 months’ time.
Ms Angela Eagle
I rise to ask the right hon. Gentleman my question again, because I did not get an answer. I do not understand why he cannot give an assurance now that he will table a motion that will allow us to amend different parts of the 22 pages of draft Standing Orders, rather than have to deal with them in only one amendment. I see that he has received a note from the Box, and I hope that he can give me an answer.
Chris Grayling
As I said, I want to be as helpful to the House as possible. There will be an opportunity to debate and vote on more than one amendment to Standing Orders. It is of course up to the Speaker whether to select an amendment, but I expect amendments to be tabled and to be debated. If the hon. Lady wants to sit down with me afterwards to work out how best to handle that debate, I will be very happy to do so.
Ms Eagle
I am sorry to persist, but my understanding of the way we work is that unless the Government table a motion allowing votes on more than one of the changes to the Standing Orders at the moment of interruption, we will not have time to take other amendments. Will he undertake now, at the Dispatch Box, to table an appropriate motion so that we can amend—or, at least, attempt to amend—some of the 22 pages of changes to Standing Orders and have a vote on them at the end of the debate next week?
Chris Grayling
As I have just said, there will be an opportunity to debate and vote on more than one amendment to the Standing Orders. I give the hon. Lady that undertaking. There is absolutely no intention of limiting the debate.
Ms Angela Eagle (Wallasey) (Lab)
I rise to support the motion tabled by the right hon. Member for Orkney and Shetland (Mr Carmichael), and I congratulate him on his successful application for this debate. Debates under Standing Order No. 24 are relatively rare and take place only in exceptional circumstances when you permit, Mr Speaker. That we are having this debate at all speaks volumes about the reckless and shoddy way that the Government have chosen to pursue their proposals on what they like to call English votes for English laws. Their partisan, self-serving solution to this question is highly controversial and divisive, and their method of introducing it is a constitutional outrage. I hope that even at this late stage they will see sense and think again.
To avoid any scintilla of doubt, the official Opposition accept that with the prospect of greater devolution to Scotland, Wales and Northern Ireland, the voice of English MPs must be heard on matters that relate purely to England. That could be achieved in any number of ways, but we believe strongly that such changes would best be achieved by the widest consideration and proper consultation with all political parties and wider civil society. Cross-party support would also be desirable, and it is regrettable in the extreme that the Government have made no meaningful efforts to facilitate that. Instead, they have played narrow party politics when they should have been putting the national interest and the Union first.
Antoinette Sandbach (Eddisbury) (Con)
All those potential flaws were debated in this House at the time of devolution to Scotland and Wales. The settlement was asymmetrical, and the Labour party failed to institute a constitutional convention at that stage.
Clive Efford
Further to the intervention by the hon. Member for Eddisbury (Antoinette Sandbach), if we had known at the time that through a simple change to the Standing Orders, the issues that were devolved to the Assemblies and the Scottish Parliament would be handed down to some makeshift English assembly or Parliament, would that have had an effect on our debates on those devolved matters? It could have resulted in a completely different outcome.
Ms Eagle
In a minute. I am trying to respond to the point that has been put to me. If the hon. and learned Gentleman will allow me a sentence or two, I promise I will give way. My hon. Friend the Member for Eltham (Clive Efford) is right: devolution is a desirable process but it must be done properly if it is not to create resentment. I give way to the hon. and learned Gentleman who is eager, as always.
Sir Oliver Heald
I am grateful to the hon. Lady for that rather pleasant tribute. Does she agree that this matter was raised during debates on the Scotland Bill? I spoke from the Dispatch Box where she now stands, and the issue of English votes for English laws was put forward at the time. Labour ignored it.
Ms Eagle
The devolution settlements for Wales and Scotland took time to develop and evolve, and—as I was in the middle of saying—there are clearly issues for England that we now need to consider. We consider that that issue should be properly dealt with as part of a constitutional convention that should be charged with examining how the United Kingdom is governed, in a much more profound and holistic way than the reckless and partisan fiasco with which we are currently presented. Instead, we have a Prime Minister who chose to exploit the bitterness and division created after the Scottish referendum for his own narrow electoral advantage, rather than attempt to heal the wounds that had opened up. We now have a Government who seem more interested in pursuing a partisan procedural fix than in showing any intention of keeping our Union together.
Danny Kinahan (South Antrim) (UUP)
Does the hon. Lady recognise that devolution has not worked in Northern Ireland? We have different forms of devolution everywhere, and it is not working; Scotland is wanting more and more. We do not have a mechanism for looking at a long-term strategy for how we should go forward. Should we have a Committee of the House of Lords or the Commons that will look for a long-term strategy so that we get a much better way forward?
Ms Eagle
We are in a complex position, and the hon. Gentleman is right to say that Northern Ireland has its own particular issues that are mixed up with the peace process. We think that we need a constitutional convention to consider where we are in the round and across the piece—including the ever-expanding House of Lords, which grows larger and larger every year, even as the Government want to cut the number of elected Members of Parliament. All that suggests that time is right for us to consider a constitutional convention.
Andrew Gwynne (Denton and Reddish) (Lab)
My hon. Friend is right: we need to separate out the serious issue of how our whole constitution works together alongside devolved Assemblies and Parliaments in the United Kingdom. Is the real point that we need to discuss how the House of Commons, the House of Lords, and city regions that will get increased devolution, fit into that model?
Ms Eagle
I am in the middle of a sentence. Let me just finish answering my hon. Friend, then I will be more than happy to give way to the hon. Gentleman. Before I was so graciously interrupted, I was saying that it feels right this time—there has been so much change and so many more demands for devolution—to consider the issue as a whole and involve civil society. We should have a proper debate on that, and we certainly do not want to be involved with these procedural fixes.
Sir Gerald Howarth
I am grateful to the hon. Lady for her graciousness in giving way, and I apologise for intervening on her mid-sentence. Does she accept that her party bears a heavy burden of responsibility for the trials and tribulations that we face today? The Labour party was desperate to appease Scottish nationalism in 1999 and failed to address the West Lothian question posed by her former hon. Friend, Tam Dalyell, the one-time Member for West Lothian. Had Labour addressed the issue at the time, we would not be in this position today. My right hon. Friend the Leader of the House is proposing a simple remedy that addresses a long-standing sense of grievance in England.
Ms Eagle
I do not think the proposed remedy is simple; I think it is an abuse of process. These changes are controversial and complex and have profound implications for our constitution and for the Union. As such, they ought to be subject to proper scrutiny and consultation, but instead the Government hope to sneak them into place just before the summer recess, in one single debate and in only one Chamber of our Parliament.
They have chosen to use a procedural fix in an attempt to bring about profound constitutional change. Next week, they will seek to amend the Standing Orders of the Commons to introduce their partisan version of what they have chosen to call English votes for English laws, virtually without any parliamentary oversight and completely without the possibility of any judicial oversight.
We are due to debate the details of the proposals on 15 July, but from the earlier confusion it is unclear quite how many of the draft Standing Orders the procedures of the House will allow us to address in that debate.
John Redwood (Wokingham) (Con)
Why did the Labour party ignore the needs and voices of England when it first created lopsided devolution, and why has it come up with absolutely no ideas to meet the requirements and needs of England in 18 years of lopsided and unfair devolution?
Mr Bone
The shadow Leader of the House makes her case in her usual strong way. On timing, a debate is scheduled for Wednesday next week. Has she approached the Leader of the House and asked for a suspension of Standing Orders so that we can speak through the night on all the issues? He has given confirmation that he will allow amendments and votes on the proposals, but has the shadow Leader of the House asked for that time?
Ms Eagle
I have not, but I might consider it. The hon. Gentleman has taken the assurances, or non-assurances, I got from my earlier question a bit too much to heart. Twenty-two pages of changes to Standing Orders will be up for consideration. Our normal procedures allow a vote on only one or two amendments. If the Government were to move a motion that allowed many, many more amendments to be voted on at the moment of interruption at the end of the debate, we might be in a position to have more of an effect. Currently, it is a fait accompli.
Mr Bone
I assume that that is exactly what the Leader of the House will do—move that motion—but even if that happened, and even if we had votes at the moment of interruption, we will surely not have enough time to debate 22 pages of Standing Orders. Surely we should go through the night.
Ian Paisley (North Antrim) (DUP)
I am minded to agree with the points the shadow Leader of the House has made. Does she agree that the logical extension of what the Leader of the House has said on double voting implies that, in future, if any of the nations of this kingdom wish to exit by way of referendums, all the peoples of this kingdom should have a say in those plebiscites?
Ms Eagle
The hon. Gentleman pursues his Northern Irish interests in his usual way. Many such issues need to be looked at very carefully, which is why we advocate a constitutional convention, so that we can look at the thing in the round and in balance, and so that we can make proper decisions that weigh and balance with one another, rather than changing something not realising that there are unintended consequences.
Sir William Cash
To follow up on the point made by my right hon. Friend the Member for Wokingham (John Redwood), it might be of interest to the shadow Leader of the House that, back in 1997, I tabled an amendment to deal with the result of the Scotland Act 1998 through amendments to Standing Orders. Of course, the Government at that time disregarded the matter.
Wayne David (Caerphilly) (Lab)
The shadow Leader of the House will be aware that the McKay commission studied the issues in some detail a couple of years ago, and came to the conclusion that any proposals
“must be widely regarded as fair…and respect the prerogatives of all MPs.”
Why does she believe the Government have rejected the McKay proposals?
Ms Gisela Stuart
Does my hon. Friend know whether the Leader of the House has consulted the Procedure Committee? My understanding is that the Conservative party manifesto proposal involved consulting that Committee before putting it to the House.
Ms Eagle
I have no knowledge of whether that is the case. However, I am sure we will hear from the hon. Member for Broxbourne (Mr Walker). He can give us any answers, because he was there at the time.
Today’s debate is about process rather than content, so I will confine myself to observations of the process the Government have chosen to use. I note in passing that the Government have gone much further on English votes for English laws than the McKay commission suggested would be wise. They have not explained why they have chosen to do so, as my hon. Friend the Member for Caerphilly (Wayne David) has just observed.
The McKay report contained serious warnings about the effect of creating an English veto, a double majority and two classes of MPs. The Government’s proposals ride roughshod over those warnings and instigate all three. They also extend the application of the rules to Finance Bills and create the extraordinary probability that a measure passed by a majority in both Houses can be vetoed by a minority. It is possible to concoct a procedural fix to introduce major constitutional change, as the Government have done, but my contention is that it is not wise to do so. In fact, it is a constitutional outrage.
Mr Rees-Mogg
On that aspect, the hon. Lady is missing the point. If there were a majority in both Houses for a specific piece of legislation, there would be a majority in the House to suspend Standing Orders. That is crucial in ensuring that a Government that is dependent on non-English votes can get its business through.
Ms Eagle
The proposals for a double majority, as far as I understand them, are extremely worrying. They are likely to act as a dampener on the activities of the House of Lords as a revising Chamber. That is part of the debate we must have next week. Today I want to talk about the process—how the Government have decided to make the change.
Mr Rees-Mogg
The issue of Standing Orders is absolutely at the heart of the matter. The proposals make no suggestion of entrenchment of Standing Orders and no requirement of a special majority to suspend them. The House regularly suspends Standing Orders in particular circumstances—to speed up the passing of a Bill, to change the sitting hours or whatever it may be. The flexibility of Standing Orders ought to be a reassurance to the Labour party. If a future Labour Government are dependent on Scottish votes, they will be able to get their business through the House because they can suspend Standing Orders.
Ms Eagle
It is terribly kind of the hon. Gentleman to give us that assurance, but we need to base changes to our constitution on more than that.
The process the Government have chosen to use to create EVEL goes against every precedent. Substantial constitutional changes should be implemented by Acts of Parliament and examined in both Houses. They should not be rushed through in changes to Standing Orders. Changes to Commons Standing Orders cannot be challenged in the courts because of article 9 of the Bill of Rights, nor can they be subject to proper, open scrutiny in both Houses of Parliament. They are clearly not suitable for introducing a de facto English Parliament within the existing Union Parliament, as the Government have proposed.
All major constitutional changes, from the supremacy of the Commons in the Parliament Acts through to our membership of the European Union and the devolution process, have been introduced by Acts of Parliament—the Parliament Act 1911, the Parliament Act 1949, the European Communities Act 1972, the Human Rights Act 1998, the Government of Wales Act 1998, the Scotland Act 1998 and the Greater London Authority Act 1999. Each of those Acts was properly scrutinised over a period of time, with days of debates in both Houses and the proper consideration of amendments. Many were preceded by Green Papers, White Papers and a thorough debate in the country. Some could only be commenced after a referendum had been won. All those measures are subject to interpretation in the courts. Under the Government’s proposals, the introduction of English votes for English laws would not be.
Mr Dominic Grieve (Beaconsfield) (Con)
The hon. Lady is of course right in reading that list, but I say to her gently that the point we are at today is the logical consequence of the way in which devolution was carried out. The logical consequence at its end is that, if we wish to reform the structures of this House in the way she wants, we need a written constitution and a completely different basis on which we are to operate. That was one of the things that those on the Labour Front Bench at the time said persistently they did not wish to see happen. Bringing forward measures to change these matters by Standing Orders is the only way to honour the commitment made by those on the Labour Treasury Bench at the time.
Ms Eagle
The right hon. and learned Gentleman has perhaps not read the manifesto on which Labour fought the election, but it said we wanted a constitutional convention. The time is right to have a much closer and more holistic look at what is happening in the House of Lords and in the devolved Parliaments to see where we have ended up. That is our current policy.
No previous changes to Standing Orders have contained such substantial constitutional change. I have already dealt with why this is a lamentable precedent.
Ms Eagle
I have already given way to the hon. and learned Gentleman. I want to get on, because many people wish to speak.
Previous changes to Standing Orders, which were nowhere near as radical as these, were introduced initially on a temporary basis, often at the suggestion of the Procedure Committee, and tested out before either being abandoned or made permanent. Many innovative changes to Standing Orders have been introduced on a temporary basis initially. For example, the changes introduced by the previous Labour Government allowing for debates in Westminster Hall were temporary and subject to renewal. So too were the changes introducing the programming of legislation and deferred Divisions. Yet the Government have not even asked the Procedure Committee to report on the changes it has sprung on the House. They have merely suggested that it should have a review into the new arrangements, but only after they have already been implemented.
It is usual for changes to procedures of the House to be approved by free votes, as they are House business not Government business. This was the case with House of Lords Reform; changes to the legislative process, including the introduction of public evidence for Committees; the programming of Bills; and the election of the Speaker. The EVEL proposals, however, are Government business and they are especially partisan because of their explicit inclusion in the Conservative manifesto.
Chris Grayling
Will the hon. Lady confirm that Labour will be having a free vote on this next week?
Ms Eagle
I am arguing that this is the wrong way to do this kind of change. The procedures and Standing Orders of the House should be House business. They should not be infected by Conservative or Labour Whips. It is the Government who have chosen to make these changes in this way. The right hon. Gentleman should be ashamed of himself.
We are now to believe that the Government should mandate changes to the Standing Orders of the Commons as set out in their manifesto and force them through using a whipped vote. This is a very, very sad day. The Government’s changes will turn their slim majority of 12 into over three figures if both Scottish and Welsh MPs are to be prevented from voting. I believe this is the real driver behind the changes, and it makes the outrageous procedural fix, of using Standing Orders rather than legislation to produce the change, even more unacceptable. I hope that even at this late hour the Government will think again. The unintended consequences of what they are doing could be very large indeed and the precedents they are setting are dire.
Alex Salmond
On a point of order, Mr Speaker. We all heard the Leader of the House indicate that tuition fees in England might be a measure subject to the procedure that he is outlining, anticipating not just the changes to Standing Orders but your certification if the change to Standing Orders take place. I know the Leader of the House does not understand the Barnett formula, but I know you do, Sir. Would that not therefore put you in a position of having to certify and disallow the votes of Scottish, Welsh and Northern Irish Members of Parliament despite the clear direct and indirect effects that that would have on their rights to vote and on their constituents? Would that not be not just an invidious position, but greater than the shoulders any one man could bear—if I remember the quote correctly, when just such a measure was rejected in the 19th century?
Ms Angela Eagle
On a point of order, Mr Speaker. We have today seen the Government abstain from voting on the process of introducing English votes for English laws because they knew they had lost the argument. What more can we do to prevent the Government from railroading these controversial changes through the House in one single day of debate? They have not even bothered to vote to support the process that they decided to implement.