English Votes for English Laws Debate

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Department: Leader of the House
Wednesday 15th July 2015

(9 years, 5 months ago)

Commons Chamber
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Angela Eagle Portrait Ms Eagle
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I am going to make a bit of progress; I will give way later, but I am only on page 2 of my speech. [Interruption.] It might get longer if hon. Gentlemen provoke me.

Labour Members consider that this issue should have been properly dealt with as part of a much wider process involving a constitutional convention to examine a range of issues in a more holistic way. A genuine attempt should have been made to come to a cross-party agreement between the parties represented in this place, and with wider civil society. Proceeding in this consensual way, rather than in the blatantly partisan way the Government have chosen, would have hugely increased their chances of introducing a successful and sustainable change. No such attempt has been made. The Leader of the House has already attempted to suggest that it has, but I do not mean a cobbled-together Cabinet Sub-Committee established months before a general election that failed to come to any consensus even between the governing coalition parties; I mean a genuine attempt to reach cross-party consensus, in which all points of view are heard and properly tested and a mutually agreed way forward is pursued.

Dominic Grieve Portrait Mr Dominic Grieve (Beaconsfield) (Con)
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I am not unsympathetic to the hon. Lady’s desire to look at this issue in the round, but it seems to me that it is incumbent on the Labour Opposition to explain their position, because some of us have been banging on about the unworkability of the devolution settlements ever since they first went through this House. The problems we are facing today were inherent in the failure to address that at the outset. Is it not also the case that the problem we now face requires goodwill, and while I do think I accept the hon. Lady’s goodwill, I am afraid I do not entirely accept any goodwill from SNP Members, who do not seem to me to actually desire to resolve this issue, rather than use it as an instrument to—

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Angela Eagle Portrait Ms Eagle
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I have already given way once to the hon. Gentleman and it is important that I now get on to make the rest of my speech, so that other people can contribute to our debate.

The proposals before us risk exacerbating strains on the Union. They are shoddy, and conceived in a highly partisan fashion, and therefore they are deeply flawed. They are much more aggressive in their handing over of powers to English MPs than the McKay commission decided was wise, yet the Leader of the House has not explained why he has chosen to ignore the advice and the warnings coming from a commission that the Government appointed. Wherever they have had to exercise a judgment, the Government have opted for more powerful and less nuanced powers for English MPs. They have fallen short of advocating an English Parliament, perhaps because England forms 85% of the whole Union and any English First Minister would probably be more powerful than a UK Prime Minister, but they are certainly incubating a proto-English Parliament within this supposedly Union Parliament.

Dominic Grieve Portrait Mr Grieve
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I am interested to hear that comment. I agree with the hon. Lady that creating an English Parliament would be unworkable, and yet the message from Scottish National party members is that we should create an English Parliament. If there is already one area of meeting of minds, the Labour party must be starting to work towards a solution, because I think that she is beginning to accept that something must be done about English votes for English laws.

Angela Eagle Portrait Ms Eagle
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In all three statements or speeches that I have made in the past three weeks, I have begun by conceding exactly that point. I have done it not for show but because it is what we believe.

The proposals mean that, if a Government do not command a majority in England, it is doubtful that they could actually govern. The complete lack of effective consultation with any other party outside of Government on some of the controversial aspects of these proposals makes them partisan and divisive when they should have been accomplished on a cross-party basis. When it comes to making changes of such constitutional importance and technical complexity, it is only right that they should be scrutinised effectively.

The Government’s proposals fundamentally alter the constitution and the operations of this House, as well as impacting on the other place. In those circumstances, it is appropriate to set up a Joint Committee of both Houses to consider the proposals in greater depth. I call on the Leader of the House to do so.

Joint Committees of both Houses have a strong tradition of effective cross-party scrutiny of complex issues of constitutional importance, both legislative and non-legislative. For example, the highly regarded Cunningham Committee looked at the non-legislative issue of conventions between both Houses. The report was noted with approval in both Houses in 2007, and has stood the test of time and sets a clear precedent on which the Government should now proceed.

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David Davis Portrait Mr Davis
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I rest my case. Let me make some progress.

Dominic Grieve Portrait Mr Grieve
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Will my right hon. Friend give way?

David Davis Portrait Mr Davis
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I suddenly find myself in a courtroom, rather than the Chamber, but I give way.

Dominic Grieve Portrait Mr Grieve
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I was going to make this point later, but I may as well make it now because that is the purpose of debate. I must say that I have some slight anxiety about the justiciability of measures that we take in this House. I appreciate article 9 of the Bill of Rights, but we are certainly moving into rather uncharted territory and I do not think we can rule out legal challenges to decisions on the Speaker’s certificate.

David Davis Portrait Mr Davis
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The House will take that on board.

My other point about what the Leader of the House has done so far is to commend him on at least attempting to address the problem of the Barnett consequentials. This is very important for the point on which I will finish. The problem started in 1998. I guess that the right hon. Member for Gordon (Alex Salmond) will remember—no one else in the House would have reason to do so—that in 1998 I argued for fiscal autonomy for the new Scottish Parliament, for a more federal solution and for proper treatment of the West Lothian question. All those things were self-evident in 1998 as long-term problems with the devolution proposal. I must say to Opposition Front Benchers, that our points were received with a completely implacable lack of understanding, let alone a lack of sympathy, from the primary driver of that, Gordon Brown.

The problem arises from the confusion in the Scotland Act and the Scotland Bill that is currently going through the House. The 1998 Act failed to create what, in my view, would have been stable fiscal autonomy for the current Holyrood Parliament. It would have done so if it had separated out the funding streams for the Scottish Parliament’s spending and the spending that emanates from this Parliament. If that had been done, we would have had very few, if any, Barnett consequentials.

We cannot of course solve everything. The right hon. Member for Gordon has quite rightly made the point about other impacts, such as in relation to tuition fees. There will be tax competition between the parts of the United Kingdom, and competition between policies of various sorts. We cannot resolve all that. We cannot necessarily give Scottish Members some sort of veto over England’s right to do the best for its citizens. This is not entirely soluble, but it would have been much more soluble if we had written the Scotland Act in such a way that it created a more rational structure than what exists in our kingdom at the moment.

All that gives us and the Leader of the House the problematic issue of how this can be done with utter fairness to all sides, because that is the test. I am afraid that the British establishment always seems to have a preference for fudge rather than clarity and for ambiguity rather than logic. We see that written through all this constitutional area, because the establishment does not want to address the problem. The establishment does not want an English First Minister who is more powerful than the UK Prime Minister. Yet if we went down a proper route of English devolution—if that is what it is—we would of course end up with an English Government who were a challenge to the UK Government.

The Leader of the House has now given us the summer to think about this. We can, I hope, deliberate about it at great length before we return in September, and I hope that he will take on board what he hears today. The only point of principle I will make to him is that the test for this is very simple. It is not whether this creates two classes of MP, but whether it creates two classes of citizen. The test is whether it deals with and removes any prospective grievance not from the Members on the SNP Benches, the Labour Benches or the Government Benches, but from the people we represent. It should take away any grievance for the English, the Scots, the Welsh and the Northern Irish, not any grievance for the Labour party, the Conservative party, the SNP or the Liberal Democrats. The test he should apply is whether it puts our citizens first.

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Pete Wishart Portrait Pete Wishart
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I am almost grateful to the hon. Lady for raising that issue. I wondered how long I would be on my feet before someone mentioned the non-existent foxhunting debate, which was scheduled to happen but disappeared because the Government wanted to change the rules before they had the debate. What I said last week was that if something is in the Scottish interest, we will take an interest in it. We could not have garnered any more interest in foxhunting. I had hundreds if not thousands of requests from my constituents to come to the unitary UK Parliament to express their concerns on the issue. I make no apologies for saying that I would have voted proudly on that issue to represent my constituents’ interests.

Dominic Grieve Portrait Mr Grieve
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I am sure that the hon. Gentleman had many expressions of interest, but I receive many expressions of interest from my constituents about matters in Scotland. I am a member of the John Muir Trust and I get frequent letters from other members of the trust who live in England, expressing their concern about the Scottish Government’s actions in respect of wind farms on wild land, but I have to accept that that matter is devolved to Scotland. I say sincerely to the hon. Gentleman that I do not find his argument very credible.

Pete Wishart Portrait Pete Wishart
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We heard last week and we have heard in the run-up to this debate that there is massive unhappiness in this House about who is voting on whose issues. I want to come on to our concerns and difficulties. I hear the right hon. and learned Gentleman, but we are profoundly annoyed and upset that he and all the other English Members are voting down things that have been agreed in the Scottish Parliament and that are wanted by every party in the Scottish Parliament. Scotland sent 56 of us here and we are profoundly disappointed in the right hon. and learned Gentleman for voting those things down. It seems as though there are English votes for English laws, but also English votes for Scottish laws. When it came to foxhunting, we took the view that there was concern and interest among our constituents. We are saying to Government Members, this cannot go on.

Dominic Grieve Portrait Mr Grieve
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rose—

Pete Wishart Portrait Pete Wishart
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I will not give way to the right hon. and learned Gentleman again.

The situation cannot go on whereby English Members continually and consistently vote down the expressed desires of Scottish Members of Parliament, with no consequences or response. That is why we have taken an interest. I want to deal with foxhunting, because I imagine that a few other comments will be made about it.

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Ian C. Lucas Portrait Ian C. Lucas
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I do not really understand the intervention, but what I say to the hon. Gentleman is that I am not proposing that we treat MPs in England and Wales differently—this Government are. I am not entitled to make representations or speak on health issues in Wales, which is exactly the same as the hon. Gentleman. Assembly Members speak on such matters, because this Parliament set in place a National Assembly for Wales. It made that decision and it was agreed to, in a referendum, by the people of Wales. Entirely the same option is available to this or any other Government.

Dominic Grieve Portrait Mr Grieve
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Forgive me but I find it difficult to follow the hon. Gentleman’s argument. There is nothing in these proposals that will prevent him from continuing to make representations to any English health authority or to any English Minister on his constituents’ behalf—absolutely nothing.

Ian C. Lucas Portrait Ian C. Lucas
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What they will prevent me from doing is putting down amendments in Committee.

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Ian C. Lucas Portrait Ian C. Lucas
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I do not believe that these measures will safeguard the United Kingdom, and I do not believe that they are the same proposals that the Conservative party placed before the electorate. That is why I oppose them so vehemently.

Dominic Grieve Portrait Mr Grieve
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Will the hon. Gentleman give way?

Ian C. Lucas Portrait Ian C. Lucas
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I will not give way because I have taken up enough time.

I do not believe that constitutional issues of this magnitude should be addressed by Standing Orders, because they go to the heart of the future of the United Kingdom. This United Kingdom is in peril. It frightened me last week at Prime Minister’s questions when the Prime Minister quoted a nationalist in support of his proposals on EVEL.

We have to stand against these amendments to Standing Orders because, contrary to what the hon. Member for Beverley and Holderness said, they are not minimal. I hope that I have shown that they will have profound practical implications for my constituents and profound constitutional implications for this place. They go to the heart of the equality of Members in this Chamber, because they will restrict the voting rights of individual Members of Parliament on Committees in a way that has not been done before.

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Mark Tami Portrait Mark Tami
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I accept that that was the result then. The right hon. Gentleman’s party was strongly opposed to devolution at that time, but it has had a bit of a turn of face, and is now promoting it. Indeed, a number of people who were very much against devolution have gone down the road to Damascus and changed their opinion, and I am pleased they have.

Dominic Grieve Portrait Mr Grieve
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I think that the hon. Gentleman may have misunderstood one of the issues. I want to keep the United Kingdom together, so I am prepared to work within the devolution settlements that have been achieved, and to try to build on them. England, however, has been a unitary state since the ninth century, and I have to tell him that my constituents have no interest whatsoever in the idea of regional devolution. They do want more accountability at local government level, but that is an entirely different matter.

Mark Tami Portrait Mark Tami
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There is no model that will fit every situation. The Mayor of London and the London Assembly, for instance, may not be able to legislate, but they have far-reaching powers in respect of transport and policing. I note that the Government are not intent on restricting the right of London MPs to vote on issues that affect other parts of England. The Government are considering devolving powers to city regions At some time in the future, will we say that MPs in those regions are prevented from taking a view on other parts of England? I do not think that the Government are saying that now, but where does it start and where does it end?

A number of Members have asked what constitutes an English-only issue. No one really knows. It will be up to you to decide, Mr Speaker, and good luck to you, Sir, There is clearly a flaw in the proposals, in that there does not appear to be a system allowing us to make representations on whether Wales or Scotland, for instance, should be included in the process.

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William Cash Portrait Sir William Cash
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I shall not cite the obvious George Orwell quote that comes to mind about all animals being equal, because that might be thought to be rather disrespectful. However, the bottom line is that the hon. Gentleman is just not right. When we create different functions, voters expect the Member of Parliament who represents them to be accountable for those functions. This is not a great mystery or great science. It is a simple question of where the lines are drawn. They were drawn by the United Kingdom Parliament and that is where the matter stands.

I want to remind Members about the Scotland Act 1998, although not many who were in Parliament at the time are still here—

Dominic Grieve Portrait Mr Grieve
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I was here.

William Cash Portrait Sir William Cash
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My right hon. and learned Friend was indeed here.

I tabled an amendment on the West Lothian question during the passage of the Bill in 1998, but it was pushed off the Order Paper. The bottom line is that it was disregarded by the Labour Government and, I have to say, by my own party. It simply proposed an amendment to the Standing Orders to deal with this obvious problem. The problem existed in 1998, and it is still here now. We are still talking about it and running round in circles without recognising that this is a question of fairness. I am astonished by this. As I have said, I very much enjoy the company of the Scottish nationalists in this Chamber, and the hon. Member for Perth and North Perthshire makes some very entertaining and theatrical speeches, but he talks about federalism one minute and about independence the next. He mixes the two up. We know that he wants independence and we give him credit for that, but he is not going to get it.

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Dominic Grieve Portrait Mr Dominic Grieve (Beaconsfield) (Con)
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It is a pleasure to be able to participate in this debate. It is a particular pleasure to do so at a rather later stage, because that obliges one to sit on the Benches and listen to the speeches, which I have found very illuminating.

What we have heard in the debate is an extraordinary celebration of the Union of the United Kingdom. We did not just hear it in the contributions of the hon. Member for East Antrim (Sammy Wilson) or my hon. Friend the Member for St Ives (Derek Thomas), whose maiden speech I was delighted to hear, or, for that matter, in those of Labour MPs from Welsh constituencies. The most compelling argument for the Union of the United Kingdom came from the hon. Member for Perth and North Perthshire (Pete Wishart). His argument against these proposals was that it is, in effect, impossible to dissociate decisions of any kind taken in this House from knock-on consequences north of the border. He is right. Ultimately, every decision that is taken by an Assembly or Parliament in the United Kingdom has a knock-on effect elsewhere, outside the area of its jurisdiction.

During my years as Attorney General, it was apparent to me how relevant that point is. For example, crime is an entirely cross-border issue. Criminals move freely between Liverpool and Glasgow, and indeed every other part of our United Kingdom. One of the tasks I had as Attorney General was to work closely with the Lord Advocate—an association, I might add, entirely dependent on goodwill and almost nothing else—in order to make sure that in tackling crime, the interests of the United Kingdom, not just those of England, England and Wales or Scotland, were properly addressed.

I have to say to the hon. Member for Perth and North Perthshire that while I understood the thrust of his arguments, they came as a little bit of a surprise, considering that for the past 18 years this House, with his enthusiastic participation, has been progressively deconstructing the United Kingdom and making such co-operation harder and harder to achieve.

The whole reason why we are having this debate is, as my hon. Friend the Member for South Leicestershire (Alberto Costa) so rightly said, that our constituents in England are increasingly irked by what they see as a lack of comity, which is the direct consequence of the way in which we have decided to operate devolution.

My hon. Friend the Member for Stone (Sir William Cash) is absolutely right. A lot of these issues were trotted out in the 1998 devolution debates. I spent hours on the Benches in this House teasing out these points with Donald Dewar. We pointed out to the then Labour Government that they were not taking—to use a word that has buzzed around today, but which I have never liked—the holistic approach. They kept on talking about holistics, but no one was prepared to think through the overall consequences of the massive constitutional changes we were initiating.

In particular, this country has an unwritten constitution that is ultimately entirely dependent on sovereignty residing in this place. It is extremely simple and extremely subtle, but it breaks down extremely quickly once power starts to be diffused elsewhere.

Peter Grant Portrait Peter Grant
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Does the right hon. and learned Gentleman not understand that he has put his finger on one of the most fundamental differences between our nations? In my nation, the sovereignty of Parliament and the sovereignty of the monarch do not exist; the people are and always will be sovereign in Scotland.

Dominic Grieve Portrait Mr Grieve
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No. I am afraid that distinction exists only in the mind of the hon. Gentleman. If I may say so, that is entirely illustrative of the sort of myth that illuminates the lives of Scottish nationalists, but has no relation to reality whatsoever. The Queen is the servant, through her coronation oath, of the citizens of this country, and we in this Parliament—and, indeed, Ministers—do our best to serve the Queen in the fulfilment of her oath. That serves the people just as adequately as any of the other rationalisations that the hon. Gentleman may have, so I will not hear any more of that, thank you very much.

William Cash Portrait Sir William Cash
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I have already referred to the fact that I tried to resolve the West Lothian question by proposing amendments to Standing Orders. In 1998, I also proposed that the whole matter should be referred to a referendum in the whole of the United Kingdom, because we were all affected by it. Half the Conservative Members walked past the Whips to support me on that, but the Government would not of course accept it.

Dominic Grieve Portrait Mr Grieve
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My hon. Friend makes a very important point. I will come back to it, but I will now move on because I do not want to take up too much time.

To move from the general point to the particular one, I accept that what we are debating strikes me as imperfect, but I am afraid I happen to think that a lot of things we have done recently in respect of devolution are imperfect as well. I emphasise that I differ from my party on the vow, not because I think it is wrong to give more devolution to Scotland—there is a powerful argument for saying that Scotland should have more devolution than we are giving it—but because the process we have embarked on appears to me to be essentially incoherent. It is like a car driving along a road and lurching one way and then the other in a series of spins. I do not think that that is a productive way to operate in the long term, but we are where we are.

The proposed Standing Orders are essentially very modest—they really are. I am very pleased that my right hon. Friend the Leader of the House listened about extending the period of debate and that the Procedure Committee will have an opportunity to look at them, but they are modest. They constitute about as small a shield to English susceptibilities as it is possible to devise. In my view, they will not in any significant way diminish the role of MPs as a collective group in this House.

Wayne David Portrait Wayne David
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What was the right hon. and learned Gentleman’s considered view of Sir William McKay’s proposals?

Dominic Grieve Portrait Mr Grieve
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The McKay proposals were good, but they preceded the vow. Once we got to the point of further devolution, they started to look rather inadequate. That is precisely the problem.

Although these measures are not perfect, they meet my constituents’ needs. I have one major anxiety, which has been highlighted before, and it is over the process of certification by the Speaker. If we are moving down this road, it would be better to proceed by way of primary legislation, followed by a change to Standing Orders. There is a question over whether these measures are justiciable. I am perfectly familiar with article 9 of the Bill of Rights, but that does not mean that somebody will not have a go at doing it. In a Parliament where we are increasingly passing power out, to emphasise constantly our sovereignty and expect nobody to scrutinise the different arrangements that we are bringing about seems, in the long term, unrealistic.

That brings me to my final point. My view is that these measures can only be temporary. I am aware that there are other Members across the House who take the view that if we are to preserve the Union of the United Kingdom, we will have to take a much longer, harder and, I hope, more consensual—although that is often difficult to achieve—look at the way in which we conduct our affairs. As I put my Unionism absolutely at the forefront of my political life—I believe that is what my constituents want, too—I am prepared to consider major constitutional change, including moves towards a written constitution. In my judgment, that is probably the only way to provide a framework in which the highly complex and different needs of different parts of the United Kingdom can be addressed. That is not a popular theme because it touches on Parliament’s sovereignty, it certainly touches on article 9 of the Bill of Rights, and I do not for the life of me see how it could ever be done without making the constitution capable, ultimately, of being interpreted by a court. That raises equal problems, but I do not think that they are ones that, in the long term, can be ducked.

I believe that people in the United Kingdom—the evidence of this is overwhelming from the Scottish referendum last year—wish to operate and live together. My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) was so right when he said that it is none of our business to put our personal needs, Parliament’s needs, the Scottish Parliament’s needs, the Welsh Assembly’s needs or, for that matter, the Northern Ireland Assembly’s needs before the needs of our citizens. We are here to respond to their concerns.

One thing that underpins my Unionism—this has become harder and harder to stick to over the years, but I have done so—is the belief that the interests of people in Wick, Dundee, Glasgow, Edinburgh and the hometown where my family originated, Hawick, must be every bit as relevant to me as those of my own constituents in Beaconsfield, and must continue to be so even if, as I pointed out earlier, I can no longer intervene on their behalf in the way that I did in the past. Once the Scottish National party starts to consider that, it will appreciate why some of its arguments against the proposals this evening show it in a rather poor light. It is the pot calling the kettle black in respect of comity within the United Kingdom.

The only solution is for those of us who have some goodwill in this matter—that includes SNP Members if they wish to exercise that goodwill—to participate together to create a new structure that will be lasting and enduring for the whole country.

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Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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I appreciate the opportunity to contribute to this important debate on English votes for English laws, which—purely in the interests of brevity rather than hilarity—I will refer to throughout as EVEL.

I want to make it absolutely clear that I do not oppose the devolution of decisions that affect only the people of England and their elected representatives, provided the people of England wish such a power to be devolved. However, what is being proposed is exclusion rather than devolution. It is totally and entirely different from the Scottish situation. Rather than devolving power from this place to another legislative body—I would be happy to support that—the voices of Scottish MPs will be excluded on certain issues. That is likely to draw criticism not just from those in Scotland and Wales, whose MPs are disfranchised by this EVEL proposal, but by progressive individuals living in England who are delighted that this Parliament finally has a voice expressing their opinions.

In May, I was elected to the UK Parliament as an MP. As was pointed out by the right hon. Member for Delyn (Mr Hanson), who is no longer in his place, I was elected in exactly the same way as MPs who represent English constituencies. In fact, I was elected with a larger share of the vote than 80% of English MPs. In this House, however, it is not the percentage of votes one receives that determines our place; it is the nation in which those votes were cast. This House prides itself on its democratic history, including the principle that however many votes a Member receives or whichever nation they represent, our vote counts the same as that of all the others when we troop through the Lobby. EVEL means that this will no longer be the case.

As an aside, I want to point out the lack of consistency in these EVEL proposals. As hon. Members have already said, during the last parliamentary Session one Bill was classed as Scotland-only. There appears to be no proposal to create a similar change in the rules to allow Scottish MPs to have a veto over legislation that does not concern or affect other parts of the UK but is reserved to this House. It is not difficult to imagine what would have happened to amendments to the Scotland Bill if a double majority had been required.

This major constitutional change is being made by amending the Standing Orders of the House of Commons. It is not a change in legislation: the UK Government propose simply to change the rules on debates and processes in the Chamber. As has been mentioned, these have been called back-of-the-fag-packet calculations. In fact, I think the sentence about “minor or consequential” points is justly badly drafted. The point relates to something else entirely—whether something is English or English and Welsh-only—but it is difficult to tell what it is supposed to mean. I would appreciate it if the Leader of the House looked at that sentence.

Thankfully, the Government have to a certain extent taken some Opposition concerns into account—in particular, about the haste of the process—and I hope that at least one Select Committee will be able to scrutinise the proposals before our next debate on this matter.

From the majority of the speeches of Conservative Members, we can see that there is a fundamental lack of understanding about the devolution settlement in Scotland and the ability of Westminster to influence our budgets. There is no recognition from the majority of Conservatives that decisions taken in England for England have a consequential effect on the people of Scotland and the budgets of the Holyrood Parliament.

The clarification that the estimates procedure will be exempted from EVEL is welcome, but it does not go far enough. In fact, it is probably smoke and mirrors. It is right that Scottish MPs should be able to vote on matters that have an impact on the Scottish Parliament’s budget. There is no opportunity to amend proposals during the estimates process—only an opportunity to vote for or against them—so Scottish MPs must have a say during initial decisions on legislation that will have a knock-on impact on overall departmental budgets and therefore a consequential impact on the Scottish budget.

Dominic Grieve Portrait Mr Grieve
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I understand the point that the hon. Lady is making, but her argument is effectively that everything we debate here is relevant. The problem is that it is also the case that everything debated in the Scottish Parliament is relevant. The differentials in tuition fees and the different approaches to criminal justice are relevant, yet we do not have the opportunity to have any input. She has to bear it in mind that it is the reality of the United Kingdom that virtually every decision taken in each of the Parliaments and Assemblies around the country has a knock-on effect outside the immediate borders of that nation.

Kirsty Blackman Portrait Kirsty Blackman
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The way that the financial settlement works means that what happens in this place has a knock-on impact on how much the Scottish Parliament has to spend, but what happens in the Scottish Parliament does not have a knock-on impact on how much the Government have to spend in this place.

If, for example, the UK Government decided to pass legislation to privatise vast swathes of the NHS, which I am sure they would not do, the overall departmental spend for health would be reduced during the estimates process. However, the legislation that privatised the NHS would be considered under EVEL and there would be an EVEL veto. The resulting estimates, which the Leader of the House has confirmed cannot be amended, are generally not debated at length. That matter would be hugely relevant to Scottish MPs and the Scottish people. It would not just be a minor or tiny consequential thing, but would have a massive impact on the Scottish budget. It would therefore be very relevant and we must be included. That is one of the problems with the proposal.

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Gavin Robinson Portrait Gavin Robinson
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I must say that I was disappointed by some of the exchanges, particularly those involving the hon. Member for Beverley and Holderness (Graham Stuart)—I am sorry that he is not here to hear me say this, because I would like to say it to him and perhaps to benefit from some interventions from him—and the hon. Member for South Leicestershire (Alberto Costa).

I heard the hon. Member for South Leicestershire try to convince the House that this was a burning issue on the doorsteps. I will take the enthusiasm of his position at face value, but I am a little miffed if English votes for English laws was the biggest issue raised during a parliamentary election. The hon. Gentleman also said that there was no appetite for an English Parliament in those discussions. I must say that he spent an awful long time talking about these complex constitutional issues at individual doors; I think he might have canvassed about four homes over the course of the parliamentary election period. If it is true that there is no appetite for an English Parliament among English voters, it is also true that there is no need for this change to Standing Orders.

In my view, the Conservative Government are pushing forward with a proposal that they thought they would need to rely on in either a minority Government or a coalition Government. England makes up 85% of this United Kingdom of Great Britain and Northern Ireland. We have heard that. The Government say that the people of England were asking for this at the election, but the people of England got the Government they wanted while the people of the United Kingdom did not. Nobody across the United Kingdom had the opportunity to consider this issue. Other areas of the United Kingdom, whether that means Scotland, Wales or my home of Northern Ireland, did not express a view that they wanted this from their Government.

The measure is not needed. With 85% of this United Kingdom in England, their votes are already here. When we consider this issue over the course of history since the second world war, we realise that only once in 1964 and for a couple of years from 1974 would it ever have been an issue. It is not. The Government are proposing a solution for a problem that I do not believe they are faced with. In doing so, they are creating not just many more issues and problems in this House but more opportunities for those who do not believe that we are all in it together.

Dominic Grieve Portrait Mr Grieve
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I am listening carefully to what the hon. Gentleman has to say. I can see that he can make an argument against the change to Standing Orders. As I said in my own speech, I can see why that might be troubling. However, the background issue of how we organise ourselves within the United Kingdom and the structures we should have that respect the individual component parts and do justice to English identity is not going away, and I do not think that it is artificial.

Gavin Robinson Portrait Gavin Robinson
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I am grateful to the right hon. and learned Gentleman for his intervention. I was impressed and encouraged by some of the remarks that were made.

I started my speech this evening by asking the Leader of the House to convince me that I should not be fearful of this proposal, to show me that he does not believe in two tiers of MPs by removing the second tier that we already have, and to go some way to convince me as a Northern Ireland Unionist that if votes come up that are reserved because of particular Northern Ireland issues—parading was mentioned by my hon. Friend the Member for East Antrim (Sammy Wilson)—Northern Ireland will be able to have its own say. That could be an extension of the principle, but it is the same principle. If the Government were prepared to give me the same opportunity that they are seeking for themselves, I might be prepared to consider the issue further.

Scotland’s representatives will make exactly the same request: will there be Scottish votes for Scottish laws that are reserved to this House? The London Assembly has also been mentioned. Non-London MPs have the opportunity to vote on London issues, but London MPs cannot vote on issues that have been devolved to the administrative Assembly. Where does the principle end? I would like a response to those issues.

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Graham P Jones Portrait Graham Jones
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It would be nice to have that information. It is not present at the minute, but I am glad that the Minister is at least having a look at it. Perhaps the explanation she gives will be unsatisfactory. She may have just made some notes and intends to put it in her speech just because someone has raised it, reinforcing the fact that this is a complete mess. Amendments that have consequentials might go before an English-only Committee. What happens then? I leave that with the Minister and will be interested to hear what she has to say.

Finally, the Government do not seem to appreciate that if we end up in a situation where there is an English Conservative majority but a Unionist Labour majority, legislation could be stifled. The Government may say that there is a resolution to the problem or that that is how this place operates in our democracy. The Minister should be mindful of the fact that if the problems are not resolved, regions such as mine in the north of England will quickly get fed up with voting for a Labour Government, getting a Labour Government but not being able to pass Labour legislation because it is blocked by English Conservative MPs.

Dominic Grieve Portrait Mr Grieve
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The one merit or demerit of the proposal is that the Standing Orders are voted on by everybody. If the circumstances described by the hon. Gentleman arose, I have no doubt that the Labour Government would change the Standing Orders.