Strathclyde Review

Debate between Chris Grayling and Alistair Carmichael

Thursday 17th December 2015 Commons Chamber

[Chris Grayling]

There is always a case for modernisation in a parliamentary or constitutional process, and that should continue to be the case. None the less, the long-standing traditions of this House and of our constitutional arrangements provide a bedrock to how this country is governed and how this country works, which makes it admired around the world, and it should continue to be so.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I am afraid that, yet again, when we need comprehensive review and reform, the Government are offering us piecemeal change. I deeply regret how this matter has been brought forward. The Leader of the House speaks of this as if it is something for the Government alone. It is not; this concerns Parliament as a whole. If change is to be required, it must be owned by Parliament as a whole. This matter was last dealt with in 2006 in a Joint Committee report on recommendations. The Leader of the House threatens to drive a coach and horses through that. If he is to achieve anything, he will need to reconstitute some sort of Joint Committee between this House and the other place; otherwise all his efforts will come to naught.

[Chris Grayling]

I am not trying to drive anything through this House. We are considering a report that has been produced by a senior and respected member of the House of Lords with an expert panel that is drawn from some of the most experienced past officials of this House—people who have great knowledge of parliamentary process. He has brought forward a series of recommendations for us to consider, which we will duly do. Those recommendations will be discussed again in this House when the Government make clear their own view about which option to take. It seems that that is an entirely right and proper way to do this.

Standing Orders (Public Business)

Debate between Chris Grayling and Alistair Carmichael

Thursday 22nd October 2015 Commons Chamber

[Chris Grayling]

I studied the hon. Gentleman’s amendment carefully. There are two problems with it, or two reasons why our approach is right. First, it prejudges the length of the Session. We have not announced the length of the Session. Opposition Members will remember that the first Session of the last Parliament was two years long. Therefore, in some circumstances, his proposal would extend the trial period rather than reduce it. We do not know the date of the end of the Session, so it is difficult to commit to a pilot of that length.

Secondly, if the Session does finish next spring, we will not even, in my judgment, be able to test to the level recommended by the Procedure Committee, because not enough Bills to which these procedures apply would have been laid before the House. I understand the point the hon. Gentleman is making but, with respect, I think the approach we have taken is better and I intend to stick to it.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Is the Leader of the House aware that yesterday in the other place, Lord Butler of Brockwell described the process that he is outlining to the House as one whereby,

“We will jump over the cliff and grab a bush on the way down so that we can review our decision about whether we were right to do so”.—[Official Report, House of Lords, 21 October 2015; Vol. 765, c. 750.]

Why is the Leader of the House so resistant to the proposal from the other place that we should have a Joint Committee of both Houses to establish the best way of moving forward and building a consensus?

[Chris Grayling]

I cannot agree to the message from the House of Lords or amendment (a), which was tabled by the hon. Member for Nottingham North—I have great respect for the hon. Gentleman, as he knows, and for the House of Lords—and I invite the House not to do so. To do so would be to remove this process from the first Session of this Parliament. We would not be able to trial the measures until the second Session. That would be a direct contravention of our manifesto commitment to introduce the measure within the first 100 days. It would also invite the House of Lords to be directly involved in shaping the Standing Orders of this House—something that would require pretty extensive debate here before we did it. I think many Members would doubt that that was the right thing to do.

I do recognise the concerns in the other place about constitutional change. I have therefore written to the Chair of the Lords Constitution Committee in response to those concerns. I am grateful that the Committee has responded to say that it has agreed to undertake its own review of the impact of the proposals, including their effect on the House of Lords and their wider implications for the constitution as a whole. I hope that the work of that Committee and of the Commons Public Administration and Constitutional Affairs Committee will complement each other, that they will work in partnership in this area and that they will make recommendations ahead of the review that I have committed to carry out next year. I hope that we will also receive work from the other Committees in that time.

I therefore ask the House to reject amendment (a) and graciously to decline the request from the Lords. However, I want to send the clear message to the Lords—indeed, I have already done so—that I want their input.

English Votes for English Laws

Debate between Chris Grayling and Alistair Carmichael

Wednesday 15th July 2015 Commons Chamber

[Chris Grayling]

We intend that only very few Committees will be England-only; almost all will remain United Kingdom Committees, as now, as will almost all the statutory instrument Committees. It will be a matter for individual political parties whom they assign to Committees.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I am grateful to the Leader of the House for giving way; he is being generous with his time. May I help him out? In the past when this was discussed, it was suggested that it could be trialled, if it had to be trialled, on a single Bill. He tells the House that he has identified that Bill in the current programme. Instead of going forward with the full range of changes and all the infrastructure required for the Speaker’s Office, why does he not try it out on this one Bill? That would be a meaningful trial.

[Chris Grayling]

I am afraid I do not think that it would be a meaningful trial at all. We have a system that will apply to England-only Bills, to England and Wales-only Bills and to partial elements of Bills. It is important to try it out for a Session on things affected and then to have a review.

[Mr Carmichael]

It will not just apply to the single Bill; it will also apply to all the certified secondary legislation. It will require significant administrative infrastructure being put in place for the Speaker’s Office. If, after a year, we decide that this is not the way to go, what happens then?

[Chris Grayling]

I do not think we will decide after a year that we want to stop it altogether. We may decide to make changes to how it works or that things could be done differently, but I am not suggesting we would stop having any kind of a say for the English in 12 months. I am saying we will want to review how this works under the procedures of the House in 12 months and to take views from different sides on how it could, or whether it should, be different. I am not suggesting that in 12 months we should simply say, “Actually, we don’t think there should be fairness for the English at all.”

English Votes on English Laws

Debate between Chris Grayling and Alistair Carmichael

Tuesday 7th July 2015 Commons Chamber

[The Leader of the House of Commons (Chris Grayling)]

I am pleased to have a further opportunity to set out the Government’s plans for strengthening the Union by providing fairness for England.

At the centre of the plans I announced last Thursday is the concept of fairness for all four countries of our United Kingdom. Fairness requires that further devolution of powers to Scotland and Wales be accompanied by a louder voice for England at Westminster on English matters. If we are devolving tax rates to other countries of the United Kingdom—the House is currently legislating to do so—it is only fair that Members of Parliament in those constituencies affected by that change have the decisive say over any tax rates that apply in their constituencies. If Members of the Scottish Parliament are in future to decide a Scottish rate of income tax, is it actually unfair that English Members of Parliament, or English and Welsh MPs, or English, Welsh and Northern Irish MPs, have the decisive say over tax rates that affect their constituencies?

[Mr Alistair Carmichael]

Will the Leader of the House tell us, then, whether it is now Government policy to end the Sewel convention on legislative consent motions and to give the Scottish Parliament a veto when it does not consent?

[Chris Grayling]

Not at this moment, no. We have an established method of using legislative consent motions. It is not unreasonable that we should use that same device in this House when an English-only matter affects English-only constituencies. Why does the right hon. Gentleman think that he should resist the idea of a legislative consent motion approved by English Members of Parliament on matters that affect only their constituencies?

--- Later in debate ---

[Chris Grayling]

Let me cover some of the points made by the right hon. Member for Orkney and Shetland, and I will then give way again.

The right hon. Gentleman’s first point was about two-tier MPs. He and other Members on the Opposition Benches are concerned that the proposals will create two tiers of MP or will impinge on the equal status of Members of Parliament. That is simply not right. All Members of Parliament are equal, and all of them will be able to continue to debate and vote on every piece of legislation passing through the House of Commons. It is simply incorrect to say that any Member of this House will be excluded from voting on or debating any piece of legislation. That is not what the reforms say: it is absolutely clear that everyone will be able to continue to participate.

[Mr Alistair Carmichael]

What, then, is the point of the right hon. Gentleman’s double majority?

[Chris Grayling]

The point is that if a measure affects wholly and exclusively English or English and Welsh Members of Parliament, they should have the decisive say on whether it is passed. Such a measure cannot be agreed without a majority of the United Kingdom Parliament, but nor can it be agreed without a majority of the MPs whose constituencies are affected by the change.

English Votes on English Laws

Debate between Chris Grayling and Alistair Carmichael

Thursday 2nd July 2015 Commons Chamber

[Chris Grayling]

This is an important point; it is absolutely right and fundamental. Over the next two years, we shall see, for example, the creation of a Scottish rate of income tax—the power of the Scottish Parliament to set its own rate of income tax. Is it wrong that at the same time English MPs should have a right to say no if a UK Parliament imposes a tax that will apply only to English MPs’ constituents? I think they should have a say on that, and this proposal will do that.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

If there are not to be two tiers of MPs in this House after these changes, what on earth does it mean to have a double majority at Report stage? I have to say I think it is an outrage that the Government are seeking to drive ahead with a fundamental challenge to the constitutional integrity of this House as the Parliament of the UK through Standing Orders. If the Leader of the House really thinks these proposals will bear scrutiny, he should bring forward primary legislation for proper scrutiny both on the Floor of this House and in the other place. If he thinks he can do that, let him come ahead and do it.

[Chris Grayling]

Standing Orders can be amended and changed by hon. Members, but if it is the view of Members of this House that there should be primary legislation when we carry out the review in 12 months’ time, the right hon. Gentleman should bring that forward as a proposal.