English Votes on English Laws

Angus Brendan MacNeil Excerpts

Tuesday 7th July 2015 Commons Chamber

[Chris Grayling]

My hon. Friend is absolutely right. We have all lived with this situation for 20 years. The difference now is that we are legislating again: first for Scotland, to give significantly more powers to the Scottish Parliament, and later in this Session we shall legislate for Wales, to give significant additional powers to the Welsh Assembly. It is surely therefore right that, as part of our desire to protect our Union, we make sure that any resentment in England about the fact that those powers are not replicated there is addressed to the maximum degree.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

Last night we discussed Scottish laws and whether they and Scottish powers should preside at Westminster or Holyrood. Ninety five per cent. of Scottish MPs in the House of Commons, as well as the Scottish Government and the Scottish Parliament, want those powers to be moved to Scotland, but 500 Labour and Tory MPs who are not from Scotland walked through the Lobby and applied a veto. Why does Scotland not have a veto when the Leader of the House wants an English veto?

[Chris Grayling]

There are two parts to the answer. The first is that in the referendum last year the Scottish people voted to protect the Union. At the same time, we offered them a raft of additional powers for the Scottish Parliament that will enable it to take a far broader range of decisions than it could in the past. That is the difference. If we are to make that change, we must in my view address the issues raised by constituents in England who ask, “What about us?”

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[Edward Miliband]

Of course that is an issue that needs to be considered. My proposal is for a constitutional convention, which I know the Government will not take up. At least let us not go down this road of Standing Orders, because it will, all of a sudden, change the whole practice of the House of Commons.

Let us be frank in this House: the cause of Unionism has been going pretty badly since 19 September 2014.

[Mr MacNeil]

Well said.

[Edward Miliband]

Thanks very much. We won the referendum. My party was in alliance with the Conservative Party, as the Scottish National party has pointed out, but the cause of Unionism has not been well served since then. I will not start laying blame; people will know what I think about this. The question for the Conservative party, which has a majority, is how does it properly serve the cause of Unionism? Following this procedure in the way that has been proposed is frankly an act of constitutional vandalism. It is not true to the great traditions of the Conservative and Unionist party, which is why I urge Government Members to vote against this measure next week.

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[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing this debate. I am unashamedly a Unionist, and passionately believe in the integrity of this United Kingdom. What I say to the Government is that their proposal is muddled and incoherent, and will lead to many problems and a very fractious House of Commons, which really should be the forum in which we bind together this United Kingdom. When questions have been raised today, the response has been lacking in clarity. Sometimes we will have votes in which English MPs only can take part. Occasionally, we will have votes in which Northern Ireland MPs, Welsh MPs or Scottish MPs can participate. That is a recipe for divisiveness in this House and it plays to the separatists’ agenda, and not to the integrity of the United Kingdom.

[Mr MacNeil]

It has been said that we would be second-class citizens. Given what the hon. Gentleman has said, Scottish MPs will be not second-class or third-class citizens, but fourth-class citizens.

[Mr Donaldson]

I value Scotland’s place in the United Kingdom, and I will fight passionately for the right of Scottish MPs to have a say in matters that affect Scotland. The point that was made about the Barnett consequentials is very important. We lack clarity, and we need clarity in this discussion.

When it comes to legislation in Northern Ireland, we have different types of devolution. For example, an important issue in Northern Ireland at this time of year is the question of parading, which is a non-devolved matter. We are in ongoing discussions between the political parties, and we hope to come up with a new system for dealing with parades. We need it badly, but it will be this House that will legislate on the new system. What if we follow the logic of the argument that is being made? As it is a matter that affects only Northern Ireland, only Northern Ireland MPs would be able to vote on it. That is muddled thinking. I am not suggesting that that should be the case, but how do we define what is and is not devolved? Parading is a non-devolved matter, but elements of the legislation would be devolved. Policing is a devolved issue, as is justice, and those things impact on parading, so where do we draw the line? That is my difficulty with the Government’s proposal.

The Democratic Unionist party recognises that the issue needs to be addressed. There have been comments about the need for generosity on the part of the English, and I recognise that the question is important to people who live in England and needs to be addressed, but this is the wrong way to do it. I agree entirely with the right hon. Member for Doncaster North (Edward Miliband), and the DUP supported the concept of a constitutional convention. The Union is too important. The integrity of the United Kingdom is too important to be left to a debate on Standing Orders in this House. That is not how we should be dealing with these issues, and I say that as a passionate Unionist.

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[Iain Stewart (Milton Keynes South) (Con)]

May I start by congratulating the hon. Member for West Dunbartonshire (Martin John Docherty) on a fine maiden speech?

I speak as a Scot who represents a seat in England, who regards his nationality as British and who is a staunch Unionist. It is because I am a staunch Unionist that I support the measures under discussion. This issue is not new. As my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) has said, it has been around for more than a century. It is four decades since Tam Dalyell brought it up and two decades since devolution legislation went through this House. It is time we had an answer to the West Lothian question. This issue goes with the grain of public opinion on both sides of the border. All the opinion poll evidence north and south of the border shows support for English votes on English laws, and I congratulate the Government on introducing the measures.

I only have time to make one substantive point. I grew up in Scotland in the 1980s, when the devolution argument was coming to its fore. At the core of the argument was the question: what legitimacy did the United Kingdom Government have to legislate for Scotland on matters on which Scottish Members disagreed? Devolution addresses that. Why cannot that question also apply to England?

I would have a lot of sympathy for the argument rehearsed in today’s debate if we were discussing excluding Members from debating and voting on bits of legislation, but that is not what is being discussed. All we are doing is inserting into legislation that applies only to England the same principle of consent that applies elsewhere in the country. That is fair. It is a modest proposal.

[Mr MacNeil]

rose—

[Iain Stewart]

I do not have time to give way.

I would not support measures that excluded Members, for the very good reasons that have been expressed, but my constituents also want that consent so that measures that apply only to them will not be unduly influenced by Members from elsewhere in the United Kingdom. This country has a flexible constitution and it should evolve to take account of the new realities. That is fair for my constituents. It will strengthen the Union. Doing nothing will endanger it.