English Votes for English Laws

Desmond Swayne Excerpts

Tuesday 13th July 2021 Commons Chamber

[The Leader of the House of Commons (Mr Jacob Rees-Mogg)]

I beg to move,

That Standing Orders Nos. 83J to 83X (Certification according to territorial application etc) be rescinded and the following changes be made to Standing Orders:

(1) in sub-paragraph (3)(b) of Standing Order No. 12 (House not to sit on certain Fridays), leave out “Consent Motions under Standing Order No. 83M (Consent Motions for certified England only or England and Wales only provisions) and of”;

(2) in paragraph of Standing Order No. 39A (Voting by proxy), leave out “or in any legislative grand committee”;

(3) in paragraph of Standing Order No. 51 (Ways and means motions), leave out “or, in the case of a motion to which Standing Order No. 83U applies, forthwith upon the announcement of the Speaker’s decision with respect to the motion under that Standing Order”;

(4) in Standing Order No. 63 (Committal of bills not subject to a programme order) leave out paragraphs and (6);

(5) in Standing Order No. 64 (Notices of amendments, &c., to bills), leave out “, of Consent Motions under Standing Order No. 83M (Consent Motions for certified England only or England and Wales only provisions)”;

(6) in Standing Order No. 73 (Report of bills committed to public bill committees), leave out “or the Legislative Grand Committee (England)”;

(7) in Standing Order No. 83A (Programme motions), in paragraph (9), leave out “up to and including”;

(8) in Standing Order No. 83B (Programming committees),

(a) in paragraph (1), leave out “or in legislative grand committee or on reconsideration or consequential consideration” and

(b) in paragraph (5), leave out “or in legislative grand committee or on reconsideration or consequential consideration”;

(9) in Standing Order No. 83C (Programming sub-committees),

(a) in sub-paragraph (5)(e), leave out “up to and including”,

(b) in sub-paragraph (12)(b), leave out “up to and including”, and

(c) in sub-paragraph (14) leave out “up to and including”;

(10) in Standing Order No. 83D (Programme orders: conclusion of proceedings in public bill committee or in committee of the whole House, etc.),

(a) in the title, leave out “, etc.”, and

(b) in paragraph (1), leave out “, in the Legislative Grand Committee (England) when exercising functions under Standing Order No. 83W(6)(a) (Legislative Grand Committees)”;

(11) in Standing Order No. 83E (Programme orders: conclusion of proceedings on consideration up to and including third reading),

(a) in the title for the words “and up to and including” substitute “or”,

(b) in paragraph (1), leave out “up to and including”, and

(c) leave out paragraph (5);

(12) in Standing Order No. 83F (Programme orders: conclusion of proceedings on consideration of Lords amendments), leave out paragraphs to (11);

(13) in Standing Order No. 83G (Programme orders: conclusion of proceedings on further messages from the Lords),

(a) in paragraph (5), leave out “, subject to paragraphs (6) and (7),”, and

(b) leave out paragraphs (6) to (9);

(14) in Standing Order No. 83I (Programme orders: supplementary provisions), in paragraph (1), leave out “or in legislative grand committee”; and

(15) in Standing Order No. 86 (Nomination of general committees) leave out sub-paragraph (2)(iv).

The motion in my name on the Order Paper would rescind Standing Orders Nos. 83J to 83X and make related changes across the House’s Standing Orders to remove the English votes for English laws—EVEL—process from the legislative process.

[Sir Desmond Swayne (New Forest West) (Con)]

Will the Leader of the House allow me?

[Mr Rees-Mogg]

My Lord, my right hon. Friend has come in very early! Yes, of course I give way to him.

[Sir Desmond Swayne]

Am I to assume from the motion that the Leader of the House does not have an answer to the West Lothian question? Or does he take the view that it does not deserve one and that it was impertinent of the late Tam Dalyell of the Binns to have asked it in the first place?

[Mr Rees-Mogg]

The West Lothian question has not had a very satisfactory answer since it was posed by Tam Dalyell, who was a most distinguished Member of this House, but if there were an answer, EVEL would not be it.

The EVEL measures were first proposed by way of a counterpoise to the extension of devolution, which saw further legislative powers handed to the devolved Administrations and their Parliaments in the wake of the 2014 once-in-a-generation Scottish independence referendum. The argument put forward then, as some Members may recall from a Chequers summit held at that time, was that an English votes for English laws process represented an honest attempt to answer the West Lothian question.

Proposals for Standing Order changes were not brought forward until after the 2015 general election, during which the potential influence of Scottish MPs on English matters featured especially prominently. Some Members may remember a rather marvellous election poster, depicting the then Leader of the Opposition tucked into the pocket of Mr Alex Salmond in the place of a pocket handkerchief. Once the initial excitement over the proposals’ introduction had abated, it quickly became obvious that their practical implementation would prove unwieldy and—dare I say it?—even baffling.

The procedure amended the legislative process to provide MPs representing English constituencies—or English and Welsh constituencies—with the opportunity to have an additional say on matters that applied to England only or England and Wales only. The procedure also applies to legislation introducing a tax measure that affects only England, Wales and Northern Ireland, which must be approved by a majority of MPs representing constituencies in those areas.