English Votes for English Laws

Lord Foulkes of Cumnock Excerpts

Thursday 16th July 2015 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

My Lords, those of us who have been enthusiasts for Scottish devolution were among the first to recognise that the asymmetric devolution that we have has resulted in a very serious English democratic deficit. That needs resolution—I think we are all agreed on that—but EVEL is not the way forward, as the noble Lord, Lord Butler, has ably argued. It is yet another quick fix from the constitutional quick fixes that we have had and which have resulted in the current mess.

What we need is a plan B—another way forward—but the Government have no plan B. I do not think that the EVEL proposal in the House of Commons is going to survive. Anyone who listened to the Tory rebels in the debate last week will know that it has a very serious problem ahead. The plan B should include a coherent, comprehensive look at this, which is why I have argued, as others have argued, again and again, for a United Kingdom constitutional convention. That has growing support in this House and the other place.

When it was raised previously, there was an interesting answer from the noble Lord, Lord Dunlop, the Minister of State at the Scotland Office, in reply to a question from the noble Lord, Lord Hennessy, in which he said that if the Government are not going to do it, someone else could. Some of us have taken him at his word and we now have movement in that direction. Tomorrow, for example, the Bill from the noble Lord, Lord Purvis, will propose exactly that. As the noble Lord, Lord Butler, has made the announcement, I can also tell the House today that the all-party group on devolution and decentralisation will announce next week the setting up of a high-level panel to take evidence and make recommendations on the way forward towards a constitutional convention. If the Government are not going to wake up and do it, someone else has to. I would welcome a Joint Committee and hope that that happens. However, if it does not, we in the all-party group have taken the initiative and some action will be taken by parliamentarians to show the Government the way forward.

--- Later in debate ---

[Baroness Stowell of Beeston]

No, it has not been added as a last-minute afterthought. What is made clear in the proposals that have been brought forward and published this week is a clarification of what was originally intended.

The noble Lord, Lord Butler, the noble Baroness, Lady Boothroyd, and others asked why we have not brought measures forward on a statutory footing. Standing Orders are the usual means by which procedural changes are made in the other place. But my right honourable friend the Leader of the House of Commons has confirmed that we will review the way forward in 12 months’ time, once the first Bills subject to the new procedures have reached Royal Assent. We have not ruled out legislation being considered at that point. I note the comment from the noble Lord, Lord Lisvane, that legislation would risk bringing the courts into Parliament. That is something we clearly wish to avoid. But more importantly, by approaching these modest changes in a modest way, via Standing Orders, we will allow them to be tested properly, in real time, with legislation. As my right honourable friend the Leader of the Commons said, we will put them to review in a year’s time, reviewing them properly then.

The noble Baroness, Lady Boothroyd, raised some questions about the role of the Speaker, as did the noble and learned Lord, Lord Wallace. Clearly the noble Baroness knows far more about what is involved in being the Speaker of the other place than I would ever dare to consider. It is, as she will know, the responsibility of the Speaker to make impartial judgments in a political environment. We believe that giving the responsibility to the Speaker to certify the legislation that the Government bring forward is more appropriate than inviting the Government or the usual channels to do so. That is a much more appropriate way forward.

As to the complexity of the decisions that will have to be made on the extent of the Bills, the noble and learned Lord, Lord Wallace, is right: these are sometimes technical decisions but we make our existing processes work when it is necessary for decisions to be made on legislative consent Motions, and I am confident that the same can apply in this case.

As I said when I repeated the Statement last week, it is important to acknowledge that while we are clearly interested in English votes for English laws, the changes that are being brought about apply only to the other place. Our role as a revising Chamber, the part we play and the powers available to us remain just as they are now and our procedures do not change. Noble Lords have suggested that none the less there could be implications in practice for this House. That is something in which I, along with all noble Lords, will take a very strong interest as these changes are rolled out in the House of Commons, and if any issues were to emerge, I would consider it very properly my responsibility to ensure that we have an opportunity to contribute to the review process that has been promised in a year’s time. But we must be careful, as I say, to respect the right of the other place to consider its procedures, in the same way as we would expect it to do when we consider our own.

All that said, of course I appreciate the strong desire among noble Lords for a debate here to inform proceedings in the other place at this early stage. I can just hear some noble Lords making those comments from a sedentary position. As I say, I have been reflecting on this and I think that it is right that we provide some additional time. My noble friend the Chief Whip and I have been looking at this and I propose to arrange a further debate after the Summer Recess in September, in government time and without a time limit, because I recognise that time has been tight today. While I urge noble Lords to keep in mind that ultimately these are matters for decisions in another place in so far as they affect its procedures, I am happy none the less to ensure that we provide that time for a debate so that we can contribute in the way that I feel is most appropriate.

[Lord Foulkes of Cumnock]

My Lords—

[Baroness Stowell of Beeston]

I am running out of time so if the noble Lord will forgive me, I would like to make progress and comment on the proposal of the noble Lord, Lord Butler, for a Joint Committee, which is an important topic.

[Lord Foulkes of Cumnock]

I wonder—