English Votes for English Laws

Debate between David Davis and Graham Stuart

Wednesday 15th July 2015 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

I propose to speak very briefly as I have only one substantive point of principle to make.

I start by again commending the Leader of the House for taking on board the concerns of Members on both sides of the House and for the approach that he has taken. I have as much taste for political combat as the next man, but the tenor of this debate—I say this to my Unionist colleagues in all parts of the House—matters almost as much as the content in terms of not generating grievance and nationalist causes, shall we say, as a direct result of our attempt to stabilise our constitution.

That said, I do take issue with the Government over the approach of using Standing Orders. The simple argument made to me at the beginning was that this was to protect any change from interference by the courts. While I understand that, the same argument would have applied equally to the Bill that became the Fixed-term Parliaments Act 2011, for example, yet that was capable of being drafted in such a way that the courts would not dare meddle in it, as they would not dare meddle in this. Whatever the legal position, the political position of our courts is that they would not interfere in something as fundamental as the balance of power between the parts of the Union. I take a very serious view of this, because it takes out of play, in a constitutional ruling, the House of Lords and the whole mechanism that we usually apply to these matters.

We are thus in the peculiar position of having a constitutional change to our House of Commons that is put in very quickly, with probably not enough consideration, and that a future Government can take out equally quickly. That is, in many ways, even more dangerous than the mechanism we have chosen.

[Graham Stuart]

Will my right hon. Friend give way?

[Mr Davis]

Yes, but I wanted to be brief.

[Graham Stuart]

That is one of the strengths of using Standing Orders. The very fragility of it means that, contrary to the constant use of the word “partisan” by the hon. Member for Wallasey (Ms Eagle), it will need to have consensus across the House. At any election, any party would be asked whether it felt that it had become the settled will and the right way to run things, and if not, legislation could indeed be passed. The Leader of the House has said that when the review is conducted in a year or so, that is one of the options that would be looked at.

[Mr Davis]

I am afraid that I could not disagree more. The simple truth is that we have made it down the centuries with an unwritten constitution that has existed because of the respect given to it on both sides of the House. That has fragmented in the past decade or two. I do not want to have a circumstance where the rules of operation adversely affect the democratic rights of our citizens. By the way, we have been talking all the time about the democratic rights, or standards, of MPs and whether we have one or two classes of MP, but what matters is that we have one class of citizen. I do not want that to be subject to the vagaries of any future Government.