English Votes on English Laws

Jesse Norman Excerpts

Tuesday 7th July 2015 Commons Chamber

[Mr Carmichael]

I do, but the hon. Gentleman must surely accept that what is being proposed through changing Standing Orders is not an appropriate way of addressing it. As I have already said times without number, I fully accept that several anomalies have been created by devolution, starting in 1999, but the answer to that is not to trash our own procedures in this House.

[Jesse Norman (Hereford and South Herefordshire) (Con)]

rose—

[Geraint Davies (Swansea West) (Lab/Co-op)]

Will the right hon. Gentleman give way?

--- Later in debate ---

[Mr Carmichael]

No. If we are to take this to its logical conclusion—that is to say, to give a veto to the Scottish Parliament on areas that would currently be dealt with by the Sewel convention—then that will not be reclaimed by Standing Orders; it is the end of the supreme sovereignty of this House. That is why we need a sensible, more reasoned debate for which Standing Orders will always be inadequate.

[Jesse Norman]

Will the right hon. Gentleman give way?

[Mr Carmichael]

No, I am sorry—I have been generous with my time.

The logic is that we should be considering this, if it is to be considered at all, by virtue of primary legislation. I know that that brings concerns particularly to those on the Treasury Bench, and that the Leader of the House will say that it raises questions of justiciability and reviewability of decisions that would ultimately have to be taken by you, Mr Speaker.

--- Later in debate ---

[Jesse Norman]

Will the right hon. Gentleman give way on that point?

[Mr Carmichael]

Oh, okay.

[Jesse Norman]

I am grateful. Is there not a clear distinction between two things? The first is whether this should be introduced by means of Standing Orders, and the second is what procedure, or method of reflection, the House may go through in deciding how and whether to adopt it, and under what circumstances. I thought that the right hon. Gentleman was drawing the House’s attention to the latter point and the apparent lack of a timetable for proper consultation on this issue.

[Mr Carmichael]

The two propositions are not mutually exclusive. There are elements that could be capable of remedy through Standing Orders if we were to have a proper debate. The Government’s proposal goes too far, too fast. In principle, other changes may be possible, as we discussed in government before the general election. I do not completely exclude the possibility of proceeding in that way, but going as far as the Government want to us to go, and within their timescale, brings with it an attendant level of risk that I would consider to be irresponsible in these circumstances.

The last Government discussed whether the proposal could be addressed in a single Bill. If there is a will in the House to consider how it could be done, that would be a much more sensible way of doing it. The Government are saying that we should do it for a year and that it should then be reviewed by the Procedure Committee. I hold that Committee in very high esteem, but the only thing that would happen under that process is an examination of how the system had worked. It would not put a dangerous genie back in the bottle after it had been let out. I think we all know that that is the political reality.

Personally, I am quite relaxed about the use of primary legislation and the justiciability of decisions then made by Mr Speaker. I do not think that anybody in this House should be making any decision that would not stand up to judicial scrutiny. However, if that is to be the block, let us have a proper debate, because it must be possible to use primary legislation to deal with that very point. Surely it is necessary to have a proper description of the boundaries of judicial review and any proscriptions. Frankly, this House has never undertaken such an exercise. Judicial review as a body of law has been allowed to grow like Topsy, led by the judiciary itself.

I am aware that I have already taken up quite a lot of time, albeit with interventions.