Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

Angus Brendan MacNeil Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 15th May 2018 Commons Chamber

[Pete Wishart]

I think I am grateful to the right hon. Gentleman. I would describe his intervention as half-hearted at best. His heart was not really in it, I do not think. He is one of the great defenders of the tradition of an English Parliament and English rights. Is he really satisfied with these woeful arrangements for this House? I am all for English democracy and making sure that English Members get the opportunity to design and progress their own legislation, as is required by their constituents, but to describe what we are doing today—this embarrassing mess—as a solution is below the right hon. Gentleman.

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

I have just heard the right hon. Member for Wokingham (John Redwood) invoke a fantastic principle: a member nation of the United Kingdom has the right to veto a measure of the Union Parliament. He said that English Members can veto what the Union Parliament chooses. Can Scottish Members have that right when it comes to Brexit? Can we veto the imposition on a country where 62% of people voted to remain in the European Union of being taken out of it?

[John Redwood]

indicated dissent.

[Angus Brendan MacNeil]

The right hon. Gentleman shakes his head—one principle for England, and another for Scotland.

[Pete Wishart]

My hon. Friend hits the nail right on the head. In this wonderful institution—the quasi-English Parliament—it seems to be all right for English Members to demand that they get their way and that they determine their legislation. But I remember the Scotland Bill 2015, as the right hon. Member for Wokingham (John Redwood) will too. I remember something like 97% of all Scottish Members of Parliament tabling amendments to that Bill, only for them to be overwhelmingly and comprehensively rejected because of the Government majority. It seems to be all right for English Members to get their own Parliament when it comes to these things, but when we have our say on important reserved issues in this House, it is completely and utterly ignored.

--- Later in debate ---

[Pete Wishart]

I take great exception to what the hon. Gentleman has said. This is an important Bill; he may not be interested in the words of Denning LJ, but my colleagues and I are. We want to make sure that this House is aware of the weighty views of Denning LJ, whoever he may be.

So there is a general rule. It had been the practice of the Valuation Office Agency that where units of property were contiguous—that means “touching”, I believe—and in the same occupation, they received one rates bill. I think the Government have been really generous in offering examples of how all this might work. That is why, when considering a Bill such as this, it is very important that we take everything into account.

The exceptions are important. The general rule, obviously, is as well—because a general rule is a guiding principle on how we approach these issues. But the exceptions are also important because they could lead to precedents. This is where we start to get into dangerous territory. In elegant legislation, the general rule applies nearly universally. When legislation has a number of exceptions, we start to get into certain territory—I know how difficult it is for the Clerks to design legislation with too many exceptions. We have to be careful when designing legislation. When the generalities of rules and what we want to achieve in legislation tend to be universal in concept, it is important to understand exceptions and all the other things that may influence future legislation by becoming precedent.

[Angus Brendan MacNeil]

My hon. Friend is making a fantastic speech that legislators across the world should pay attention to. Will he expand on not the generalities but the exceptions? The House could really do with fully understanding how exceptions lead to further complications. Will he enlighten me?

[Pete Wishart]

I always enjoy enlightening my hon. Friend, although it is usually not necessary. I feel obliged to try to offer further enlightenment on these particular issues. There are other examples. I gave the example of my house, but my hon. Friend is a crofter, and I am pretty certain that his is a single dwelling on the isle of Barra—in fact, I know it because I have seen his place on several occasions. I know how he utilises his land and I am pretty certain that, when it comes to him, the generality of the rule applies. His dwelling is generally designed for the purpose of crofting and habitation. I am pretty certain that his property is not contiguous and that there is no such issue with his land. I am looking at my hon. Friend and—