Standing Orders (Public Business)

Bernard Jenkin Excerpts

Thursday 22nd October 2015 Commons Chamber

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

Thank you for the early warning, Mr Deputy Speaker.

It is my privilege to follow the Father of the House, who, in his now customary fashion, stilled this House with his wisdom. I think we should listen carefully to what he said and take on board the points he made. The only response I would make is this: he said that before this measure we were all equal, but I am afraid that that is not the case. The West Lothian question was originally coined in the 1970s, but it has been with us since the moment the devolution settlements were enacted in Wales and Scotland. The fact that it has been ignored, ignored and ignored, and amplified by further and further devolution to Scotland and Wales, and now to Northern Ireland, is the reason we are now having this debate: we have this one unresolved issue before us.

The principle of English votes for English laws is clearly right. As I hear the objections of those who supported the settlements in Scotland and Wales that they are now going to be excluded from the consideration of matters in England that affect their constituents, I recall that that is exactly the same argument that we made against the establishment of Scottish and Welsh Parliaments, because those things are now decided in those jurisdictions whether or not they have any effect on my constituents. We have an unequal House already, and the question is how to address that.

This debate follows the Prime Minister’s statement following the referendum. Since then, we have learned that doing this in this way is fantastically complicated. I draw the House’s attention to proposed Standing Order 83J(8)(b), which says that the Speaker

“shall disregard any provision inserted by the House of Lords which, in the Speaker’s opinion, has the sole objective of ensuring that Standing Order”—

blah, blah, blah. In other words, the Speaker is meant to adjudicate on what he thinks was behind the intention of an amendment passed by the House of Lords. We are in danger of putting the Speaker in an impossible position. I do not dismiss the risks of judicial review in these circumstances because we are inviting such controversy through these arrangements. However, the hon. Member for Rhondda (Chris Bryant) cannot have it both ways. He cannot say that this is a massive constitutional change and then read out a whole lot of statistics and say it will make no difference at all. He is in rather a difficult position.

We need to move on from this kind of debate to a different kind of discussion. We need far more dialogue and discussion, both in this Chamber and outside it, involving all the parties, Unionist and nationalist. We need it in public and in private, we need it in all parts of the United Kingdom, and we need to involve all four Parliaments and Assemblies. We need to choose language that seeks to build common ground, avoids divisive terms, does not prejudge outcomes, and makes each part of the United Kingdom feel valued, feel heard and feel understood. I fear that this debate is not going to do that.

The Constitutional Committee is launching an inquiry into the future of the United Kingdom.

[Kevin Brennan]

Will the hon. Gentleman give way?

--- Later in debate ---

[Mr Jenkin]

I am not going to give way.

We are carrying out an evaluation of English votes for English laws that perhaps looks to a new settlement in the United Kingdom—what it might look like and what the financial consequences might be. This might finish up with exactly the kind of Joint Committee that has been proposed by Lord Butler of Brockwell, and that might be a good way of resolving these differences in the long term.

--- Later in debate ---

[Pete Wishart]

After the Leader of the House made those remarks, we went to the Scotland Office to look at the annual report and found that about 56 Barnett consequentials were enacted in the course of one Parliament. Of course there are Barnett consequentials. It is absolutely absurd to suggest otherwise.

I think the Leader of the House is trying to refer to downstream Barnett consequentials, but he is totally and utterly wrong about that as well. On the supply and estimates procedure, they are called estimates for a reason: they are an estimated departmental spend, and the Barnett consequentials from any subsequent legislation are simply consolidated in the next set of estimates.

[Mr Jenkin]

The logic of the SNP’s position is to advocate an English Parliament, but what would happen to Barnett consequentials then?

[Pete Wishart]

We would then have a federal system, which would allow us to collect and retain our taxes, and England would be able to do that, too. That is much more elegant. I am sure the hon. Gentleman agrees with the principle of taking responsibility for ourselves. We are happy to do that and I am pretty certain that my colleagues in England are more than equipped for the task of looking after their own country. There are some very talented people who could probably lead that devolved Parliament. It is up to them to secure and achieve it. We did the hard work: we built the consensus, had a referendum and instituted a Parliament. Why cannot they do that, too? What is wrong with making sure that they have their own Parliament? All these issues would then be solved. There would be no such thing as Barnett consequentials ever again. They can do their thing and we will do ours, and we could come together in a federal arrangement to discuss all the big, reserved issues.

The Leader of the House’s comments on Barnett consequentials were absurd. The Procedure Committee corrected him by saying that

“in reality, the estimates and supply procedures of the House validate prior decisions about policy, including those which have been given effect through primary legislation.”

That proves that spending in the next set of estimates will be consolidated, proving that there are downstream Barnett consequentials. It is totally and utterly absurd to try to suggest that there is no such thing.

If we are to open up procedures for estimates and supply, we must find a lot more time because all issues of Barnett consequentials are wrapped up in that. We must spend day after day looking at total departmental spend across all Departments, because what has happened thus far is not good enough any more. The Liaison Committee decides on two or three Departments whose spending will be rubber stamped. We will have to spend weeks, if not months, resolving that, and the Procedure Committee will have a big job when it comes to supply and estimates procedures.

We object to this measure on three principles: it is making us second class; it politicises the office of the Speaker; and because of the new provisions and the legislative guddle that will be created. This is probably the one issue that will drive the demand for Scottish independence. I have heard some hon. Members say that it will save the Union, but this is not saving the Union—what we are doing in the House is creating division. If the Government want a solution, they must do the work and create an English Parliament—that is the way to proceed with such matters. This measure, and the mess, the bourach, the dog’s breakfast of these proposals, will only help me and my hon. Friends, damage the Government’s cause, and divide the House. The Government should take the proposals away, think again, and come back with something that it is sensible for the House to consider.