English Votes for English Laws

Hywel Williams Excerpts

Tuesday 13th July 2021 Commons Chamber

[Hywel Williams (Arfon) (PC) [V]]

In the 1990s, the status of England had not figured sufficiently in the world view of the Labour architects of devolution. “Home Rule all round” had been proposed in the 19th century. Indeed, it had appeared in the Labour party’s policy for the 1918 election. In 1997, however, England was overlooked—it was excluded from consideration. It was all too complicated.

That devolution settlement has proved unstable. It was a fix, not a solution. English votes for English laws was an attempt to address this basic flaw in the post-devolution Union, but it too was a fix, not a solution. I think that EVEL was more of a symbolic concession to those Members who were constantly intruding English questions into devolution debates, and I do not think that it has ever delivered a meaningful voice for English voters, so I have some sympathy with the current proposal.

One advantage of EVEL, however, was that where it applied it gave an authoritative answer to the perennial question of some Welsh MPs: is this matter devolved, and is it Barnettable? EVEL told us. Now, as a consequence of this Government’s recent, more explicitly hostile stance on devolution and the lawmaking powers of the Welsh Government, a further question has arisen: what consequential effects might Westminster’s legislation have on Welsh law and Welsh Government policy?

My request to the UK Government Front Bench is not just that they reconsider the failed EVEL procedure—not just fix the fix—but that there be clarity as to what is devolved. Barnett has long been bust. In the medium term, we need a proper statutory duty on Westminster to seek devolved Government consent when introducing a Bill that might affect the laws or policies of the Welsh Government.

Abolishing EVEL will not address the growing problem of accommodating people in England within a post-devolution United Kingdom. Even the reforms that I have outlined very briefly would only place an additional check on what is a flawed system. What we really need is independence for Wales—and no more fixes.