Legislation (Territorial Extent) Bill

Debate between Harriett Baldwin and Jacob Rees-Mogg

Friday 11th February 2011 Commons Chamber

[Harriett Baldwin]

That is certainly an original approach, and one that, I must confess, I had not heard from any other source, so I very much appreciate my hon. Friend’s putting it on the record. I said at the beginning of my speech that I am very much in favour of devolution and allowing decisions that affect particular areas to be made at the lowest possible level of government. That is the theme of localisation, so although my hon. Friend has set out an original idea, I prefer what I have proposed in my Bill.

To return to my point about Standing Order No. 97, in its 1999 report on the procedural consequences of devolution, the Select Committee on Procedure said that

“the provision allowing the Speaker to certify Bills as relating exclusively to Scotland”

could be

“transferred to a new Standing Order and adapted so that the Speaker may certify that a bill relates exclusively to one of the constituent parts of the United Kingdom.”

Further to that, Standing Orders Nos. 102 and 106 allow legislation to be referred to a Welsh Grand Committee. However, we are now touching on issues that have gone far above my pay grade, although they are issues that would be there for the House to agree once my Bill had received Royal Assent.

[Jacob Rees-Mogg (North East Somerset) (Con)]

I am not quite sure how we get from my hon. Friend’s Bill to the legislative programme that she is suggesting. Is the idea that this would be done exclusively through the Standing Orders of this House, and that we would therefore change the structures of the passing of legislation purely on our Standing Orders?

[Harriett Baldwin]

My Bill has deliberately shied away from being prescriptive in that area. Our constitution has a capacity to evolve and adapt to changing circumstances in a way that does not need to be written down in legislation, so my Bill stops at the point where the draft legislation outlines which parts of the United Kingdom it affects. It would then be for us, through House procedures, to look at the ways in which the new legislation would permit the House to treat different Bills in different ways.

I have touched on the purpose of the Bill, but there are other provisions that are worth highlighting. The Bill would establish a principle of legislative clarity, which would mean that citizens and Members of Parliament would have the right to see how proposed changes to the law would affect them or their constituents. There is also flexibility built into the Bill, so that if it is not possible for the Secretary of State to affirm that the draft legislation is compatible with those principles, the Government can still make a statement that they wish to proceed anyway. I am sure that no one in the Chamber could possibly object to this new level of transparency in our legislation.

The Bill also calls for a separate statement—a financial memorandum—on the financial implications of legislation on the constituent parts of the United Kingdom. Again, this is designed to be helpful to you, Mr Speaker, by making any financial effects of legislation—for example, via the Barnett formula—clear and unambiguous. It is often argued that, because of the Barnett formula, it is impossible to achieve granularity when it comes to the impact of legislation on England. The financial statement would therefore allow the question of whether that was the case to be transparent.

In bringing my remarks to a close, I simply point out that the Bill is both minor and entirely unobjectionable. In fact, it is so innocuous that I am sure all hon. Members in the Chamber today will support not only its aims but its intentions, and that they will all wave through its Second Reading. I am sure that the Government will have no issue with the intended consequences of the Bill, although they may have some drafting issues with the unintended consequences, on which I would welcome their input in Committee. This Bill is necessary to create a strong foundation on which the House can make progress on addressing the important issues of territorial extent, and I commend it to the House.

--- Later in debate ---

[Jacob Rees-Mogg]

My hon. Friend makes an important and valid point. The West Lothian question is serious, but the answer is not necessarily one that we have been given so far. Just because the question is right, it does not mean that an answer to it would necessarily work. My hon. Friend is correct to say that if the majority of English seats had been won by Conservatives but we had ended up with a rainbow coalition, it would have caused huge dissatisfaction and opposition within England, as well as a feeling that the Union was not working for England. I want the Union to succeed and prosper, so I want an answer to the West Lothian question to come forward which the English find fair and with which they are comfortable.

My right hon. and learned Friend the Member for Kensington was right to emphasise the issue of fairness, but such fairness needs to be met with constitutional propriety and effectiveness. We have heard a great deal about the fairness so far today, but not about a workable constitutional situation, and that will not do us any good because however much one dislikes the Opposition party being in government, it will be one day, and when it is in government, it must be able to get its programme of government through. The way to stop that programme of government is not to put down so many constitutional man traps that that Government cannot get their business through, but to defeat them at the ensuing general election and reverse the worst elements of what they have done. The Bill would lead to a system that would make it incredibly difficult for a Labour Government to get their English business through, but that is not an answer to the West Lothian question because it would simply mean that that Government would have to reverse the protections that had been introduced, and I would have the gravest concerns about such protections being established purely through Standing Orders of the House.

I know that this is not in the Bill, but its purpose is to establish the declaration so that Standing Orders can then be built either to put in place the double majority suggested by my right hon. and learned Friend the Member for Kensington, or to establish practice in Committee and on Report. Is it right for us to change the whole basis of legislation through Standing Orders? Standing Orders can rightly do many things concerning the hours that we sit and the way that business is timetabled, but they do not tend to change the fundamental way in which legislation is taken through the House.

[Harriett Baldwin]

I thank my hon. Friend for giving such an eloquent speech on some of the issues surrounding legislating on this subject. Does he accept that the Bill stops well short of giving any direction whatever as far as Standing Orders are concerned? It simply says that draft legislation will outline its impact and, in a side statement, its financial impact.

[Jacob Rees-Mogg]

I thank my hon. Friend for making that point, but I was rather hoping she would not, because there is a desperate tendency on Fridays towards motherhood-and-apple-pie Bills that say nothing very much about anything in particular. If her Bill is that type of Bill, what on earth are we doing discussing it? If it just says that the Minister, out of the kindness of his heart, will say a few words about where an Act applies, it is completely and utterly pointless, and the House should not discuss things that are pointless. We do that on Fridays, and Madam Deputy Speaker is amazingly patient in listening to some of these discussions.

My hon. Friend’s Bill has to be an important stepping-stone in answering the West Lothian question, or it is nothing. I give her credit for having the courage to begin to address that question, rather than just detaining us here when we could be doing work in our constituency on a Friday. I hope that she will not try to hide behind the minutiae of the Bill instead of looking at the bigger picture, because that bigger picture is crucial.

My hon. Friend is right to put pressure on the Government to come up with a solution that can be debated in Government time. In that respect, the Bill is really noble, because the Government do have to think about the issue. It is unfair on the British—the English; I apologise for using those two words synonymously, as I know the English do a great deal.

--- Later in debate ---

[Harriett Baldwin]

I thank all Members on both sides of the House for their excellent contributions today. The debate has been extremely interesting, and we have heard widespread support for the Bill’s intentions. We have also heard a range of objections, however, such as from the hon. Member for North Antrim (Ian Paisley), but I think his fears are unjustified; we are on his side here. By not talking about this, we would run into as many difficulties as we might through some of the solutions he fears. I urge him to support the Bill on Second Reading, as I think that if it progresses that will serve to get some of the issues out in the open, and not bury them, which I think would be worse for his case in the long term.

The shadow Minister, the hon. Member for Rhondda (Chris Bryant), put up a series of straw men—or ghouls and ghosties—that do not apply to the Bill. I therefore feel sure that he will support the Bill—[Interruption.] I may have misread his intentions, in which case I ask him to forgive me.

My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) made some supportive comments, but he also rightly raised concerns about some of the subsequent issues that this House might still have to grapple with. I am not, by any means, pretending that this Bill solves all those issues, but his description of it as “pointless” rankles. The very fact that we have had this excellent debate shows that it is not pointless. It would provide much greater clarity and put that on a statutory footing, and would prevent the Speaker from possibly being put in a difficult position.

[Jacob Rees-Mogg]

I apologise if I implied that I thought the Bill was pointless. I was concerned that if it did not lead to anything else, it would be pointless, and therefore I thought it needed to go on to the subsequent events.

[Harriett Baldwin]

I thank my hon. Friend very much for that clarification. In an elegant speech, the Minister made similar points, saying that the Bill was good as far as it goes but that we need to go much further. I would have been much more sympathetic to his desire for me to withdraw the Bill today if he could have made some announcements or put some measures on the table that would give me confidence that his urgency on the issue was similar to that expressed by colleagues on our Benches. Having considered his kind invitation for me to withdraw the Bill, I have decided that I do not wish to do so and I ask that the Question be put.

Question put, That the Bill be now read a Second time.