English Votes on English Laws

Debate between Angela Eagle and Jacob Rees-Mogg

Tuesday 7th July 2015 Commons Chamber

[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.