English Votes for English Laws

Debate between Dominic Grieve and Kirsty Blackman

Wednesday 15th July 2015 Commons Chamber

[Kirsty Blackman (Aberdeen North) (SNP)]

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.

[Mr Grieve]

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]

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.