Proposed Changes to the Standing Orders of the House of Commons

Baroness Smith of Basildon Excerpts

Tuesday 21st July 2015 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I beg to move the Motion standing in my name on the Order Paper, and I shall do so briefly.

The purpose of this Motion is to enable the House to ask for a Joint Committee of both Houses on the Government’s proposals on English votes for English laws. I should first repeat that I welcome the fact that the Government are grasping the nettle of English votes for English laws. At the same time, it seems to me undeniable that their proposals are not just procedural but raise serious constitutional issues. They give a subset of Members of the House of Commons—English or English and Welsh Members—a right of veto on legislation which Parliament would otherwise pass. It seems to me right that Scottish MPs should not have the power to determine legislation affecting only England, or England and Wales, but the Government’s proposals are not the only way of achieving that. The McKay commission and the Democracy Task Force, chaired by the right honourable Kenneth Clarke MP, both suggested simpler and, in my view, less objectionable alternatives which ought to be seriously considered by Parliament.

There are many other problems with the Government’s proposals. The noble Baroness, Lady Boothroyd, has raised her concern that they require the Speaker in another place to make determinations which will be politically controversial and, as the noble and learned Lord, Lord Judge, has said, could cause the privileges of Parliament to be challenged in the courts. Others have argued that the right way to deal with matters of this constitutional importance is by legislation, not by changes to Standing Orders in the House of Commons. That is a view which I share.

When people with experience and expertise from such a different range of perspectives as the noble Baroness, Lady Boothroyd, the noble and learned Lord, Lord Judge, and the noble Lords, Lord Norton of Louth, Lord Forsyth, Lord Lisvane and Lord Reid, all express concern about the Government’s proposals, these concerns demand serious examination. It would not be sufficient to have a debate in which concerns can be expressed but not resolved before the Government rush the proposals through in September by a vote of the majority in another place. At present, when there is both a Conservative majority in the House of Commons and a Conservative majority in England and Wales, the problem is not urgent. Surely it is more important to get the proposals right than to rush them through.

This House has great experience and expertise to contribute on this matter. The proposal for a Joint Committee of both Houses did not originate in this House. It was made by the opposition spokesman in another place. The purpose of this Motion is to enable our House to support it and to indicate our willingness to take part. I beg to move.

[Baroness Smith of Basildon (Lab)]

My Lords, I rise briefly in support of the Motion of the noble Lord, Lord Butler of Brockwell. He helpfully raised this issue last week in a QSD that he introduced, so the noble Baroness and the Government have had an opportunity to consider it.

I should be clear: we do not see this Motion as challenging the principle of what the Government are seeking to achieve—I am sure that that is not its intention. That is not our role or, as a House, our responsibility. However, it is our role as a revising and scrutinising Chamber to consider the implications of proposed changes for how we as a Parliament operate, and whether changes being proposed have any implications not just for how we do business but whether they impact negatively on our work.