English Votes on English Laws

Lady Hermon Excerpts

Tuesday 7th July 2015 Commons Chamber

[Chris Grayling]

The test that will be used is very simple: is it a devolved matter or not? Health and education are devolved. If it is a devolved matter, it will be covered by the proposals. The premise is simple: given that education is a devolved matter in Wales, Scotland and Northern Ireland and that MPs from Wales, Scotland and Northern Ireland therefore cannot vote on education matters in their constituencies, they will not have the decisive say on education matters in the constituencies of English MPs.

[Lady Hermon (North Down) (Ind)]

I am most grateful to the Leader of the House for giving way. May I just explain to someone who really ought to know that many students leave Northern Ireland because we simply do not have sufficient university places? Very bright students—my constituents and the constituents of my colleagues—go to English and Welsh universities, of which I am enormously proud, having attended Aberystwyth University. Therefore, increases in tuition fees in England—so-called English laws—affect my constituents and constituents across Northern Ireland and Scotland. It is wholly untenable for the Leader of the House to claim that if education is devolved to Northern Ireland, it is an English-only matter in this place. That is completely wrong.

[Chris Grayling]

There has been a dilemma over tuition fees. We have a situation where an English student going to university in Scotland is liable to pay tuition fees, whereas a Scottish student is not. Indeed, a Lithuanian student going to study in Scotland is also free of fees. English Members have had no say at all in that. What we have is a constitutional anomaly. Of course, the hon. Lady cannot vote on student fees in Northern Ireland, so she is already living with an anomaly. We are trying to ensure that there is fairness for English Members of Parliament.

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[Mr Speaker]

The right hon. Gentleman has demonstrated very clearly that he knows his Gladstone and we are grateful to him for that. The short answer to him is that if these measures take effect, the responsibility of the Chair will be to fulfil his duties in accordance with the Standing Orders. That is the factual position. How people interpret that, what gloss—I use that term non-pejoratively—people put on it, is a matter for them. The Chair will do the duty of the Chair. People may like that duty or dislike that duty, think it beneficial or hazardous, but the duty would have to be done.

[Lady Hermon]

Further to that point of order, Mr Speaker. My point of order relates to the response that has just been given, of which I am very respectful indeed. The Speaker will know that under the proposed changes to Standing Orders, the Speaker is actually forbidden to give reasons in the House for certification. However, the Speaker is not forbidden outside the House to give reasons for certification. Is the Speaker minded to give reasons outside the House for certification?

[Mr Speaker]

I think we are ahead of ourselves. The possibility that the hon. Lady is ahead of me, and indeed most us, is certainly not one that should be discounted. I say she is ahead of herself with no spirit of surprise at all, but there are no such Standing Orders yet. My counsel to the hon. Lady is to wait and see, or, in the words not of Gladstone but of the late Lord Whitelaw, it is probably best to cross bridges only when you come to them. Perhaps we can leave it there for today. If there are no further points of order, we will proceed with the debate.

--- Later in debate ---

[Mr Walker]

I thank the right hon. Gentleman for his intervention, and, of course, I appreciate that point and the sincerity with which it has been put to me.

In seeking certification of various clauses as the Bill progresses after Report, it could be that on some occasions the Speaker needs to clarify the advice he has been given and will require additional time to seek advice, particularly where judgments are finely balanced. The Speaker must be allowed that time. I know that the Government have an imperative to get their legislation through as quickly as possible, but in bringing forward these proposals, the Government must recognise that on occasions there will need to be delay as advice is sought and considered by the Speaker.

[Lady Hermon]

Before the hon. Gentleman moves on to his next point, I want to ask whether he is concerned that the Speaker is wilfully and deliberately prohibited from giving the reasons for certifying that Bills are exclusively English or English and Welsh only? What justification could there possibly be for prohibiting the Speaker from explaining why he has provided such a certification?

[Mr Walker]

I thank the hon. Lady for her intervention, but it is a convention that the Speaker does not give reasons for his rulings. If I am wrong in that, I am sure another procedural expert will correct me.

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[Pete Wishart]

No, as I have given way to the hon. Gentleman before.

[Lady Hermon]

rose—

[Pete Wishart]

I give way to the hon. Lady.

[Lady Hermon]

I am grateful to, on this occasion, my hon. Friend for giving way.

It would be helpful if the Leader of the House clarified this matter and put some of us out of our misery on it. As currently drafted the Standing Orders are worded in terms of the Speaker being told or instructed; it is stated that the Speaker “shall” treat minor or consequential effects and disregard them. It would therefore be very helpful to the SNP and the rest of us if the Leader of the House confirmed that consequential effects do not include Barnett consequentials.

[Pete Wishart]

The hon. Lady is always my friend regardless of the occasion, and she is absolutely and totally right. The Leader of the House could get to his feet at this very moment and say that anything that has a Barnett consequential will not be subject to this English votes for English laws provision. He has that chance, but sits defiantly in his place. This is the difficulty my hon. Friends and I have.