English Votes on English Laws

Bernard Jenkin Excerpts

Tuesday 7th July 2015 Commons Chamber

[Mr Dominic Grieve (Beaconsfield) (Con)]

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing this debate, which was badly needed. I do not want to rehearse all the issues that have been raised about how we got ourselves to this position, but it seems to me that it was inherent in the devolution settlement of 1998 that the questions we are now discussing would have to be addressed. The truth is that we have ducked them consistently and for a long period. Indeed, we have done more than that and have created over time legislation that is often incoherent and difficult to understand, particularly in the Welsh context of devolution, and legislation that did not meet the needs.

The problem we now have is that there is a ghost in the room as well. We will have to move towards using Standing Orders because we do not wish to have a measure carried out in this Chamber through the ordinary legislative process, which is justiciable. That raises the whole question of whether we are moving inevitably towards a written constitution. The House has consistently set itself against that, but we are asking our unwritten constitution to stretch more and more to respond to complexities for which it was never designed. I do not believe that it will in the long term be able to cope. However, that is the reality of our position and it requires a sea change in opinion in this House if we are ever to get ourselves through it. It also requires good will. Forgive my having to say this again to SNP members, but one of the problems with these debates is that the question of their good will towards the United Kingdom in general is rather in doubt and for that reason, achieving a sensible dialogue is made much more difficult.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

What does my right hon. and learned Friend think cannot be achieved by an Act of Parliament that can only be achieved by a written constitution in this regard?

[Mr Grieve]

My hon. Friend will forgive me, but I am not sure that I entirely follow his point. My point was that in terms of the process of this House, an Act of Parliament will be justiciable, which is why it is not the route that my right hon. Friend the Leader of the House wishes to take.

--- Later in debate ---

[Mr Jenkin]

So will a written constitution.

[Mr Grieve]

A written constitution will be justiciable as well, but at least it will be justiciable within a framework that is settled and established. However, that requires the sea change for which I accept there is no majority in this House at present.