Legislation (Territorial Extent) Bill

Mark Harper Excerpts

Friday 9th September 2011 Commons Chamber

[Thomas Docherty]

I think, Mr Deputy Speaker, that you would call me to order if I were tempted down that path. I certainly will not get drawn on that, but I do not think that that is the case. The hon. Lady has made it clear that the provisions apply equally to private Members' Bills and ten-minute rule Bills. I have sympathy with the argument that it should apply to those, but if there is a reason why the procedure needs to take place at presentation stage, it is that effectively we do not have a draft consultation stage.

To give an example, I have a Bill scheduled for January and I know that the hon. Member for Christchurch (Mr Chope) and I will debate it on 20 January. It went through the ten-minute rule Bill procedure. There was not much consultation because it was a ten-minute rule Bill procedure; that was before the presentation stage. There certainly was not a draft Bill at any stage. That is where the hon. Lady, as well intentioned as her Bill is, has left a loophole in her provisions.

My hon. Friend the Member for Edinburgh North and Leith (Mark Lazarowicz) was talking about the Mersey tunnel. That is a good example. There are others to do with railway infrastructure projects. From the title of a Bill, one may believe initially that it affects the whole UK, because it is about financial compensation. However, by the time one gets to the guts of the Bill and it is presented, one finds that the reverse is true and that it is predominantly an English matter. For example, let us take the Bill that will, if it goes ahead, be required for High Speed Rail 2. I imagine that we will have a Bill that will cover the section from London to Birmingham. At the draft stage, it might be a predominantly UK matter, because of the financial elements, but by the time the Government bring it to the presentation stage, they will have added so much to it, understandably, that the statement given at the start will be significantly out of date. That is why it is so important that the amendments that I and my hon. Friend the Member for Bishop Auckland have tabled and that the Speaker has selected—amendments 3, 6, 8 and 14—try to tighten the Bill.

I know that, when the Minister replies he will make a suggestion, and again I have sympathy for him. I am not sure whether it helps him when I say this, but I find him to be a very effective Minister who is on top of his brief, which helps when one’s boss is the Deputy Prime Minister, because someone should be. I am sure that the Minister will have constructed a reasoned and thoughtful argument. He is very good at getting off his brief and still being able to cope, which not every Minister can do. I suspect that he will advance the argument about the interference of the courts in the proceedings of the House. I suspect, if I were to stray into certain territories about the power of the courts versus this place or the other place, and discuss that, you, Mr Deputy Speaker, would rightly pull me sharply back into line.

May I say to the Minister, because I am not sure that I will get the chance to respond to his arguments afterwards, that I fear that the provisions are slightly 11th hour and I would be grateful if he spent a bit of time setting out in what ways he believes the courts would have the right to intervene significantly in this area, because I am yet to understand what it is he feels would lead to that situation? I am conscious that the Minister will require a bit of time to respond to the debate, and I hope that he will give way to us so we can have that exchange.

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

First, I think that it is worth saying that I agree with colleagues on both sides of the House when they say that the progress of the Bill so far has been a useful opportunity to have a debate. I thank my hon. Friend the Member for West Worcestershire (Harriett Baldwin) for that because she has given us an opportunity to have a debate about the West Lothian question and how the House operates in a devolved situation, and she has done the House a service by permitting us to have a debate in this forum. I am afraid that the Government remain opposed to the Bill overall. I will say a bit more about that on Third Reading.

Specifically talking about the amendments, I know that the hon. Member for Bishop Auckland (Helen Goodman) said that she was not going to press them, but they provide an opportunity to flesh out some of the flaws with the approach in the Bill, while keeping focused on the provisions. The hon. Member for Dunfermline and West Fife (Thomas Docherty) put his finger on a key point when he talked about the potential interference of the courts. My hon. Friend drafted the Bill with great care, and it addresses only draft legislation. If it had also addressed legislation and the legislative process, it could have opened up proceedings in this House and how we make legislation to interference by the courts, because if the process for legislation were set down in statute, whether we complied with that process would be a question to be settled in court. We do not want that.

--- Later in debate ---

[Mr Leigh]

This is an extraordinarily narrow amendment to what is a tentative, but worthwhile, Bill. Therefore, on the point the Minister is making now, will he undertake to bring in real legislation once and for all to deal with the West Lothian question, so that Scottish MPs do not vote on English business?

[Mr Harper]

I was listening very carefully at the beginning of the debate, and when my hon. Friend intervened on the hon. Member for Bishop Auckland, he referred to her amendments as technical amendments. She concurred, but they are not technical amendments at all as they would radically change the nature of the Bill, in that it would apply no longer only to draft legislation, but to all legislation presented in the House. They are not technical amendments at all, therefore, as they fundamentally reshape the nature of the Bill. I am not surprised that my hon. Friend, who has only had a limited opportunity to study the Bill, said that they were merely technical amendments, but I am a little surprised that the hon. Member for Bishop Auckland concurred, because I would have expected her to be able to see that they are significant and broad ranging.

[Thomas Docherty]

The Minister says a slew of legislation would not be covered by the Bill as it stands. Will he explain to me which Bills he is talking about?

[Mr Harper]

The Bill would apply only to draft legislation. In the past, not much legislation was presented in draft form. Some technical and controversial measures were, but many were not. That has been the case under all previous Administrations. The current Government have a good record, however, in that we publish an increasing amount of legislation in draft. My right hon. Friend the Leader of the House is encouraging ministerial colleagues to continue that trend and, for example, the Deputy Prime Minister and I published draft legislation in respect of a House of Lords Bill and draft clauses on individual electoral registration that have been consulted on by the Political and Constitutional Reform Committee.

[Mark Lazarowicz]

At the risk of doing even more damage to the Minister’s political career, may I say that his arguments against the Opposition amendments are persuasive and correct and I am therefore glad that my hon. Friend the Member for Bishop Auckland (Helen Goodman) has suggested she will not call for a Division? Given the scope of the issues addressed by the amendments, will he confirm that the commission the Government will set up will not do a rush job, but will be comprehensive and take all the time it needs to look in detail at all the issues? As the Minister rightly points out, these are not simple issues, and if there are going to be changes—I am not convinced about that—we must not have changes that do not stand the test of time.

[Mr Harper]

While we are discussing these amendments on Report, I will limit my remarks, or else I think Mr Deputy Speaker will call me out of order. The issues are indeed complex. There is a limited range of solutions, and they are well known, but we must make sure that we have thought through the consequences, particularly pertaining to how this House operates. That is why the Government will set up a commission to look into these issues. Perhaps on Third Reading, Mr Deputy Speaker will allow me to say a little more about that, and allow Members to ask questions about the written ministerial statement I tabled yesterday.

[Mr Christopher Chope (Christchurch) (Con)]

The Minister refers to this being very complex. Why, therefore, did the Government not set up this commission a year ago? Will he apologise to the House for the fact that the Government did not set it up a year ago, and will he confirm that the reason why it was not set up was because it was blocked by the Liberal Democrats?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. As Mr Chope should know, we must keep our powder dry on that point until Third Reading. I ask the Minister not to be tempted.

[Mr Harper]

I am often tempted by my hon. Friend, but I will resist that particular temptation, at least until Third Reading.

[Thomas Docherty]

The Minister is again proving my earlier point about how fleet of foot he is in staying in bounds while also covering his brief very well. I take his word for it that previous Administrations may not have been as noble as his Government in that they often did not produce proposed legislation in draft form and instead went straight to the presentation of a Bill. That does not strengthen the argument for making the presentation of Bill stage the point at which a statement must be published however, because a less scrupulous Government than one in which the Minister would be willing to serve might seek to get round things by not having a draft consultation stage and instead going straight to presentation of the Bill.

[Mr Harper]

I shall address that point later, but for now let me say that when we publish legislation, we already publish territorial extent clauses. I have a couple of examples to share with the House that demonstrate why these amendments are unnecessary because we already do what they suggest we should do, and inserting them into the Bill would open up the possibility of court interference in how this House operates.

[Oliver Heald]

I imagine the commission will look at the experience in respect of Standing Order No. 97 and the way it was used for Scottish business. These amendments raise the issue of the timetable between a Bill being first printed and then presented, and the certification of the Speaker would be an issue if Standing Order No. 97 were being looked at for England. In that context, will the Minister assure us that the current and former Clerks of the House, as well as the senior officials present and, perhaps, those who work in the Speaker’s office, will have an opportunity to give some input into the commission on the procedural timetable and how it might work?

[Mr Harper]

If my hon. Friend will permit me—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Once again we are being tempted to address matters that should properly be discussed on Third Reading, and I know that the Minister does not want to do that.

[Mr Harper]

You are always very quick to keep Members in order, Mr Deputy Speaker, but I was about to resist the temptation offered by my hon. Friend and instead ask him if he would permit me to come back to the point. I do not have to ask him now as you have instructed me not to address it now. We touched on this point in the written statement I tabled yesterday, and I will flesh it out on Third Reading.

Returning to the points the hon. Member for Dunfermline and West Fife made on the amendments, we will not support them because they widen the scope of the Bill significantly and are therefore not just technical in nature. It is helpful that the Opposition have tabled them, because they have demonstrated, as I started to say, why this legislative approach is likely not to be the solution to the West Lothian question—this was the point suggested by my hon. Friend the Member for Gainsborough (Mr Leigh). If the West Lothian question is about how this House legislates, any solution will probably have to be carried out through Standing Orders so that this House remains in control of it rather than the courts being permitted to start interfering, which is the last thing we want.

Having dealt with the amendments as a whole, let me turn now, briefly, to amendment 6, which defines legislation as both primary and secondary legislation. It is worth making the point that there is no need to include secondary legislation because it is made by virtue of the powers given to Ministers in primary legislation.

[Mr Leigh]

This is a very important point. If I understand it rightly, the Minister seems to be saying that the West Lothian question cannot be dealt with by legislation because that would be subject to interference by the courts, and that it should be dealt with by Standing Orders. That is where we are going now, is it? The Minister is speaking on behalf of the Government on this incredibly important issue. Are we moving towards a process by which the Government will move a motion through the House to amend Standing Orders to deal with the West Lothian question? Is that what he is saying?

[Mr Harper]

No, that is not what I am saying. I am saying that it is a complex matter and I shall say a little more on Third Reading, when I am permitted, about the commission. I am simply saying that a statutory solution is unlikely to work because if a statutory solution were to touch on the legislative process and legislation, which is what Members are interested in, as opposed to draft legislation, it would open up the proceedings of this House to the courts—this is exactly why my hon. Friend the Member for West Worcestershire wisely kept the scope of her Bill to draft legislation. That is not something that Members want to do and if we proposed to do that, I am sure that the Clerk of the House would give evidence to the Committees of this House to point out the great risks of that approach, as has happened before. My hon. Friend the Member for Gainsborough is in danger of jumping forward, and I suspect we can have a little more debate on this matter on Third Reading without my risking the danger of being ruled out of order.

On amendment 6, as I was saying, secondary legislation can have only the same territorial extent as the powers set out in primary legislation, so that aspect of the amendment is not really necessary. Amendments 8 and 14 are fairly minor in detail so I do not propose to refer to them.

Overall, the amendments are not necessary. It is worth discussing one thing, however, because it is relevant to the amendments. The amendments widen the scope of the Bill to cover legislation and I want briefly to remind Members—this was touched on, briefly, by the hon. Member for Bishop Auckland, and I will not dwell too long on individual Bills as you will rule me out of order, Mr Deputy Speaker—that when Ministers publish legislation they already have accompanying provisions on extent. We set out in the territorial extent clauses in the legislation which clauses and schedules apply to which legal jurisdiction. There is also a territorial extent section in the explanatory notes that accompany all Bills that describes the extent provisions in more detail in a more narrative form, explaining which parts apply to each part of the United Kingdom. If Bills have an effect on finances and Barnett consequentials, those are set out when legislation is put before the House.

So that Members have a better idea, let me give one or two short examples. The Health and Social Care Bill had a fairly detailed territorial extent clause. The default position was that the Bill extended to England and Wales, but certain parts of the Bill extended to England and Wales, Scotland and Northern Ireland, some to England and Wales and Northern Ireland, and some to England and Wales and Scotland. There was more detail in the explanatory notes, which set out which parts of the Bill they were. For example, part 2 of the Bill abolished the Health Protection Agency, a body with a UK-wide remit, so those clauses were UK-wide. Others referred to special administration procedures that were UK-wide. The clause is legal and technical but describes in some detail how the Bill applies to each part of the United Kingdom.

As the hon. Member for Perth and North Perthshire (Pete Wishart) said, the reason he and his colleagues are able to consider legislation and make a decision about which ones they chose to speak and vote on is that they can look at the territorial extent clauses and make that judgment.

[Pete Wishart]

The Minister will obviously know that there are legislative consent motions in the Scottish Parliament that consider the Scottish aspects of what are notionally English-only Bills and allow this House to legislate on its behalf.

[Mr Harper]

The hon. Gentleman touches on another point: although this House has, through the devolution settlement, passed the power to legislate in certain areas to the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly, it is still possible for the House to legislate in those areas. The House has said that it will do that with the consent of the Scottish Parliament and Welsh Assembly, which is exactly what happens. It is possible for this House to legislate in areas that are devolved if it goes through that consultative process and secures the agreement of the devolved legislatures.

[Mark Lazarowicz]

Does that not highlight the problem with the reverse situation highlighted in the Bill? There is no way in which MPs for England could express their consent for Scottish MPs in this House voting on English-only measures, unless we had some kind of English-only Parliament. That shows, does it not, how we cannot have a situation in which MPs from outside England are in some way barred from voting on matters that are said to affect England only.

[Mr Harper]

The hon. Gentleman is leaping into solution space, but he is right. I agreed with one thing he said in an exchange with my hon. Friend the Member for Bury North (Mr Nuttall), when he referred to the so-called West Lothian question. That was helpful as the West Lothian question is called that because it was raised by the then Member for West Lothian, but we are really talking about how we deal with legislating for England in a country that has devolution. That is not very catchy, and if any Members can think of a more catchy way of describing the West Lothian question that encapsulates its nature in a way that will resonate with people, they could perhaps suggest it to me.

Let me give one more straightforward example of an extent clause. It was in a Bill for which I was responsible, which is now an Act of Parliament: the well-supported Parliamentary Voting System and Constituencies Act 2011. The Act applied for the most part throughout the United Kingdom, with a limited exception. Part of schedule 3 extended only to Great Britain and one part extended only to Northern Ireland as a result of the different electoral arrangements. It had a very short extent section but meant that Members were very clear about where it had effect.

I hope I have set out for the House why we do not support the amendments. The hon. Member for Bishop Auckland has already said that she will not press them to a vote, but this has been a helpful debate to flesh out some of the concerns about this approach. She has done the House a service through her amendments, as has my hon. Friend the Member for West Worcestershire by allowing the House to debate these important matters.

[Helen Goodman]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Third Reading

--- Later in debate ---

[Thomas Docherty]

I am grateful, Mr Deputy Speaker. Obviously, when at Question Time we are debating proposed Government legislation, it will still be perfectly in order, as I understand it, for Members on both sides of the House to challenge the Secretary of State about that, even if it does not cover their territories. The same is true of Select Committees, which do an excellent job of examining legislation as it is going through. I have the privilege of serving on the Environment, Food and Rural Affairs Committee, which is an interesting Committee not only because of the policy matter, but because some of that applies to the whole United Kingdom and some to devolved areas, such as Scotland. The lines are blurred.

We have been having a big debate about the future of fisheries policy and the common agricultural policy. That will require legislation in future. I know, for example, that some Members on both sides are in favour of pulling out of the common fisheries policy. I will not be drawn into that argument, but the Select Committee will clearly consider the issue. Does that apply to Scotland, to England or to the United Kingdom as a whole? I do not see how the Bill, as well meaning as the hon. Member for West Worcestershire intended it to be, deals with how we can still scrutinise matters through Select Committees and put together reports that could be fairly damning, but not carry out similar scrutiny on the Floor of the House.

The Bill could have another effect which I am sure was never intended. It is my understanding that if a major piece of legislation falls in this place, that is regarded historically as a vote of no confidence in the Government. There is a perfectly reasonable suggestion to be made that as a result of this Bill, a health Bill, for example, which was a substantive piece of legislation and did not command the support of the membership of the party in England, could be defeated. Would that therefore automatically be seen as the trigger for a no confidence motion? That has not been dealt with adequately in the Bill. I hope the Minister will give us some guidance on his thinking and whether the West Lothian question could tackle the issue.

[Mr Harper]

Let me respond to that invitation. As the hon. Gentleman knows, the excellent Fixed-term Parliaments Bill, which despite the Opposition’s support for in principle, they seem inadvertently to be opposing, sets out the procedures for no confidence motions and motions of confidence in the House, so my hon. Friend the Member for West Worcestershire has been spared the need to do that in her Bill.

--- Later in debate ---

[Mr Harper]

Part of the reason I suggested that we should think of different terms is that the hon. Gentleman has been led down a cul-de-sac. The scenario that he paints is of an independent Scotland. The Government, Government Members and many Members on the Opposition Benches passionately oppose that, as we want to keep the United Kingdom together, but let us say for the sake of argument that it came about. It might solve the West Lothian question, but it would not solve the issue, because it is not a Scottish issue; it is about how we govern England and the relationship between all the devolved nations. This is just as much about Welsh Members of Parliament and Members from Northern Ireland as it is about those from Scotland or England. The nomenclature has led the hon. Gentleman down a cul-de-sac.

[Pete Wishart]

I am grateful to the Minister for that. All I can say is: thank goodness that will not be my problem at that point. We will most definitely have dealt with the West Lothian question, because there will no longer be a Member for West Lothian in this House who has a say on English health and education. My solution resolves that one, but I shall leave the Minister in the future—when we manage to secure Scottish independence—to try to resolve those other issues on his own.

As things stand, no Scottish National party Member votes on English-only legislation. We have not done so since 1999, when the Scottish Parliament was established. We are now the only party that does not vote on English-only legislation, because for some bizarre reason the Scottish Conservatives have abandoned that policy. When he was in opposition, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) did not vote on English-only legislation, but the minute the Conservatives got into government he started voting on everything; in fact, I think he has voted on every piece of legislation in this Session that might be certified as English-only. So before the Conservatives go on and on about voting on English-only issues, they should have a quiet word with their one and only Scottish Member, because I do not think that he is setting a particularly good example.

--- Later in debate ---

[Pete Wishart]

This is the kind of nonsense that we get from opponents of the West Lothian question. The logic of the argument seems to be that the Scottish Parliament should not vote on issues affecting only the Western Isles or the highlands of Scotland. In case he does not know, this is about legislatures, about responsibility and about democratic accountability. We have a Scottish Parliament, thank goodness, and we have a Westminster Parliament down here. He takes the view that he should vote on English-only issues. I take the view that it is wrong for me to do so as they do not affect my constituents, which is why I do not do so.

[Mr Harper]

This is to do with language. When colleagues refer to “England-only” measures, they are not really talking about matters that affect only England; they are talking about matters for which the responsibility has been devolved to one of the other legislatures. I think that that answers the question; the hon. Member for Perth and North Perthshire (Pete Wishart) is forswearing to vote on matters that have been devolved.

[Pete Wishart]

I thank the Minister for getting that absolutely right; I should always get him to answer my questions for me.

--- Later in debate ---

[Iain Stewart]

It is always a pleasure to follow the hon. Member for Perth and North Perthshire (Pete Wishart), and I accept much of what he said. I do not often agree with the Scottish National party, but I agree with him that his party has a neat solution at least to the Scottish dimension of the West Lothian question, namely that Scotland should become separate from the rest of the United Kingdom.

I will not be tempted into a debate on the merits or otherwise of separation; suffice it to say that I completely oppose it. I am a proud Unionist, and I will do all that I can to prevent it from happening. However, the Union is under threat. That is why the Bill is so important, and I congratulate my hon. Friend the Member for West Worcestershire (Harriett Baldwin) on presenting it. The Scottish nationalists secured an overall majority in the election in May, giving the lie somewhat to Labour’s assertion in the devolution debate that devolution had killed nationalism stone dead. In fact, nationalism is in rude health, and if we are not careful, we will be going down the road of separation.

Part of the problem lies not in Scotland, but in England. I have the advantage of being a Scot representing an English constituency, and a fair number of constituents complain to me about the fact that certain matters affecting only England can be determined by Members from Scotland. I am not suggesting that we have reached a crisis point, but bit by bit the resentment is growing. If we do nothing and let it lie unchecked, at some point in the future we will find ourselves in very difficult constitutional waters, and the Union will be threatened.

[Mr Harper]

My hon. Friend demonstrates something. It is sometimes said by those in the House that only Conservative Members are concerned about the issue, but the reason they are concerned is that our constituents are concerned. We do get a significant number of letters about the matter. I do in relation to a range of issues, including tuition fees, and decisions that are made. If we do not deal with the matter, we will have a problem. My hon. Friend has made an important point.

[Iain Stewart]

I am grateful to my hon. Friend for making that point. It is important that we address these points when we are in relatively calm waters. There is not an impending crisis, so we can take some time to consider the matter carefully. I welcome the announcement yesterday of the commission. I await with interest the answers to the pertinent questions that my hon. Friend the Member for West Worcestershire asked about the composition, remit and time scale of that commission. It is right that it should take its time and examine carefully the complex issues that it will deal with, but I sound a slight warning note: that should not be an excuse to kick the issue into the long grass and so far into the future that it never reaches a conclusion. I would like to see a specific timetable showing when the commission will report and we can take matters forward because, as I say, doing nothing will stoke up big problems.

We have heard from several Labour Members their objections to the Bill and to other possible solutions to the West Lothian question, but we hear absolutely nothing about what their solution would be.

--- Later in debate ---

[Mr Harper]

I am pleased to see you in the Chair, Madam Deputy Speaker. This morning, Mr Deputy Speaker was very generous in allowing some latitude. If I may, I shall deal first with the questions from my hon. Friend the Member for West Worcestershire (Harriett Baldwin) about yesterday’s written ministerial statement on the West Lothian question. That may be helpful to the House, because that is what quite a lot of the debate has focused on, and then I shall talk about her Bill.

On timing, my hon. Friend the Member for Milton Keynes South (Iain Stewart) has referred to the importance of dealing with the issue at a time when it is not a live political issue and when we are not in a crisis. He is consistent, because he made the same point in February on Second Reading. I responded by making it clear—I hope that this will reassure my hon. Friends the Members for West Worcestershire and for Gainsborough (Mr Leigh)—that the Government accepted that the issue needed to be dealt with in this Parliament. It is important to deal with it before it gives rise to a constitutional crisis—in fact, that would be a very bad idea. I said that it would be

“better to deal with the question…in an atmosphere of relative calm rather than to solve it hurriedly in an atmosphere of crisis.”—[Official Report, 11 February 2011; Vol. 523, c. 638.]

I said that hon. Members, particularly those of a Unionist inclination, would agree that it would be better to deal with the matter when we can look at it calmly and reflectively rather than when we are being pressed to do so in a rush. I said so then, and I repeat it in response to my hon. Friend the Member for Milton Keynes South. I hope that that reassures colleagues that the Government intend to deal with the matter and not to kick it into the long grass, as some have feared.

My hon. Friend the Member for West Worcestershire had a number of questions, which she set out very carefully, about the commission, including the timing of the announcement. We made it clear in the statement yesterday that we will undertake a short consultation with Mr Speaker and other parliamentary authorities on how the commission can best address procedural matters in the House. We want to make sure that it can come up with a solution—or a range of solutions—that is workable and practical, which we could then debate and put into effect. There is no point in introducing solutions that simply would not work.

I said in the statement that I expected after that short consultation that we would introduce formal proposals on the membership of the commission and its terms of reference in the weeks—note the plural—after the House returns in October. My hon. Friend said that we had previously indicated that we would make those announcements this year, so Members can work out very quickly that it will be between the return of the House on 11 October and its rising for the Christmas recess.

My hon. Friend wants to know what the out date would be. I am afraid that on that one I am going to have to disappoint her, but I hope that I illustrated in my response to my hon. Friend the Member for Milton Keynes South that we intend to deal with this and make sure that we do. I do not think that it is quite as speedy to deal with as my hon. Friend the Member for Gainsborough has suggested, because there are consequences to the different solutions. For example, it may be the case that Bills cannot be certified as England-only because there is a varying devolution settlement across the United Kingdom. They may not apply in Scotland, because the Scottish Parliament has the relevant powers, but they may cover England and Wales and, indeed, Northern Ireland. They may not be England-only Bills—they may have different effects across the United Kingdom. It may not be possible to have a complete read-across from Standing Order No. 97, but that might be one of the solutions. My hon. Friend’s suggestion of next Tuesday may be a little hasty, but given that he has suggested that the debate in its present terms has run for four decades—the general issue about how the United Kingdom is governed has run for hundreds of years—I do not think that the progress that we have made is as tardy as some have suggested.

[Thomas Docherty]

Will the commission examine what will happen with Government new clauses? A Bill may apply to only one of the four nations but, during its passage through the House, the Government may table a new clause that applies to more than one nation.

[Mr Harper]

That highlights the complexity of the issue. It is one reason why, as I have said, the Bill does not provide the solution, as it applies only to draft legislation. As the hon. Gentleman said in a previous debate, legislation can change significantly between its draft stage and its introduction. Indeed, sometimes that is the point of introducing draft legislation and consulting on it, as we want to listen to what people have to say. A legislative solution is not satisfactory to deal with the problem, because it would open up procedures in the House to the courts, which is something that I am sure hon. Members on both sides of the House do not want to do. The commission would need to examine that legislative process.

My hon. Friend the Member for West Worcestershire alluded to the question whether there was a difference between the coalition partners. I can assure her that although the two coalition parties come at the issue from different angles—the Liberal Democrats have always preferred a federal solution—the policy being set out is in the coalition agreement, the statement that I issued is the collectively agreed position of the Government, and there is no difference of opinion on the issue. The parties want to make progress and move forward.

[Mark Lazarowicz]

To be clear, I think the agreement between the Minister's party and his absent friends is simply on the commission. I do not think they have any agreement on the solution, if I am right in my understanding.

[Mr Harper]

The hon. Gentleman is right, but we want to solve the problem and we want to make sure the solution is workable. He may want to come back, but let me deal with some of the other aspects that I set out yesterday.

On the membership of the commission and the scope, we set out yesterday what it would and would not cover. Typically when the issue has been discussed, the West Lothian question has fallen into three components. One has been the representation of the different nations in the House. Another has been money—the hon. Member for Edinburgh North and Leith (Mark Lazarowicz) touched on that—and the third has been the processes of the House.

On the representation of the different parts of the United Kingdom, we have dealt with that in the Parliamentary Voting System and Constituencies Bill, so every part of the United Kingdom will be equally represented in the House. On the money side, I think my hon. Friend mentioned that we would not be dealing with that. We have made it clear that there may be issues that need to be dealt with in relation to the Barnett formula, but the time to tackle those is when the deficit has been dealt with, not now. We have made it clear that the commission will not deal with those financial matters. They are significant and raise a range of questions, but the commission—much to the relief, I am sure, of those whom we will ask to serve on it—will not be tasked with that responsibility.

I heard clearly the views that the hon. Member for Perth and North Perthshire (Pete Wishart) set out about some of the questions that the commission might need to consider. I welcome any thoughts that other Members may have about the scope of the terms of reference. The hon. Gentleman identified an important one—the interaction and the agreement between Parliament and the devolved legislatures about whether the particular areas fall within the devolution settlements and if they do, whether those devolved legislatures are content for us to legislate here. I have noted that and will bear it in mind.

The commission will be set up by the Government, so the terms of reference will be set by Ministers. My hon. Friend the Member for North East Hertfordshire (Oliver Heald) made the point that the House operates in a consensual way and we do not want Standing Orders to turn into a battleground. We have said that there will be a full opportunity for the political parties represented in the House to have their say following the completion of the commission’s work. Clearly, that will have to take place anyway, because if we were going to legislate or change Standing Orders, there would have to be a debate and a vote in the House, but we want to make sure that when the commission has set out some workable solutions, we talk to parties in the House to move as far as is possible in a sensible way forward.

[Oliver Heald]

I fully appreciate that my hon. Friend wants to consult the House authorities on how best to frame the commission and the way in which it works, but can he guarantee that the Clerks of the House and the experts we have here will be able to have an input to the work of the commission, so that their expertise is fully taken into account by its members?

[Mr Harper]

My hon. Friend puts his finger on exactly the point on which we wish to consult Mr Speaker and the parliamentary authorities. We want to make sure that the deliberations of the commission are informed by the way the House works, and that when it proposes possible solutions, they are workable and practical and will not have unforeseen consequences. We need to think through the consequences and have a properly informed debate so that Members know what they are supporting when we bring forward those solutions. That is exactly why we will have a short process of consultation with Mr Speaker.

I return briefly to the short exchange yesterday when the hon. Member for Rhondda (Chris Bryant) raised his point of order and you, Madam Deputy Speaker, were in the Chair. I returned to the Chamber but had not heard all of the point of order. I said that I would read it, as I have, and would respond to it. As I said in response to the hon. Member for Perth and North Perthshire, the Government will listen to Members’ thoughts about what should be encompassed within the terms of reference. Nevertheless, it is a commission that the Government are setting up to fulfil their own coalition agreement. I listened to what he said, though, and I am happy to listen to what other Members have to say. I hope that the hon. Member for Rhondda, who I am disappointed is not here to take part in this debate—[Interruption.] I see that other Members share that view. I hope that he will look at Hansard and feel that I have responded to and dealt with his point of order, although strictly speaking it was not a point of order—that was your ruling yesterday, Madam Deputy Speaker. None the less, I hope that he will feel that I have answered it properly. On those points, I also hope that I have satisfied my hon. Friend the Member for West Worcestershire.

My hon. Friend asked how the commission’s recommendations will be enacted. To some extent, that will depend on its recommendations. Clearly, if it recommends a solution with a legislative basis, there will need to be a Bill and it would have to be dealt with in the usual way within government. However, it is entirely possible—perhaps even likely, given what I have said about the Bill—that because it relates to how the House operates, the solution would be a matter for the House and Standing Orders. That would clearly need a different set of solutions. However, given what I said to my hon. Friend the Member for Milton Keynes South, I hope that I have made it clear that the Government want to solve this problem. The commission is the mechanism for laying out some workable solutions, and I hope that she will find that of comfort.

The hon. Member for Dunfermline and West Fife (Thomas Docherty) talked about the 1990s and the process of devolution, and he said that it was not yet complete. One of the problems is that this was not thought through properly. The Labour Government thought through some parts of it, but did not think about how England would be governed in this devolved era. They did that partly because it was a difficult question and partly, I suspect, because some of their interests were different. The fact is, however, that devolution, which we support, has had consequences, and we just need to work through them and deal with them sensibly. Of course, I do not need to answer his other point, because my hon. Friend the Member for North East Hertfordshire has adequately demonstrated to the House that our right hon. Friend the noble Lord Strathclyde is, indeed, Scottish and resides in Scotland. He defended him so well that I need not trouble the House on that point any further.

I have dealt with the points raised by the hon. Member for Perth and North Perthshire. I want to deal with two points made by the hon. Member for Edinburgh North and Leith (Mark Lazarowicz). He is right that this is a complex matter, but I think that he confused or muddled up government and legislation. The Government cannot always assume that they will get their legislation through. They might well have a pretty decent chance of getting it through this House, although some of the legislation that I have been involved in has required a fair bit of persuasive work with my colleagues in the Conservative party, not just with Opposition members—[Interruption.] I hear agreement on that. In the other place, however, where the Government do not have a majority, it is not a foregone conclusion, and Ministers have to undertake a process of persuasion and consultation, and often have to make concessions. Even Governments with a majority in this place cannot take legislating for granted. Furthermore, aside from legislative issues, Ministers have many powers and executive responsibilities that do not involve legislation. I think that he was guilty of confusing those issues.

[Mark Lazarowicz]

Of course I accept that the Government can never guarantee the passage of legislation through either House. Surely he must accept, though, that there could at least be potential difficulties if a Government with a majority in the House could not rely on a majority on a wide range of issues falling under this English-only provision. At the very least that has to be considered seriously by his commission.

[Mr Harper]

I accept that there is a problem; I just thought that the hon. Gentleman overstated it. There is an issue, though, and it is important that we look at how the House operates. We had a debate about different classes of MPs, and about a recognition of the Government and the Opposition. Clearly, if some of his concerns came to pass, we would need to consider whether they affected how the House operated, which is exactly why we need to ensure, as we said in the written statement, that the commission comprises people with constitutional, legal and parliamentary expertise—so that we think those consequences through.

[Thomas Docherty]

I am most grateful for the advice that the Minister is so generously giving, but can he say a little more about the relationship between the commission that he is establishing and the debate about reforming the other place—in particular about how one defines a peer, which I mentioned in my speech, and how that would work between the upper House and the commission?

[Mr Harper]

I am glad that the hon. Gentleman asks that. Clearly peers are not elected at the moment, so in no recognisable sense do they come from different parts of the United Kingdom. As we take our reform proposals forward, this issue clearly has the potential to pop up in the other place. If we come up with a sensible, workable solution in this House, it could simply be adopted for the way a reformed second Chamber works, when we are—as I hope we will be—successful in making progress on our reform proposals.

[Thomas Docherty]

I am most grateful for the straight face with which the Minister said that last sentence, but given that 20% will still be appointed and that those appointed are intended to reflect the UK balance of the House, how would the Government reconcile a UK-balanced upper House with an English-balanced lower House?

[Mr Harper]

I will give the hon. Gentleman a brief answer, because I fear that if I give too wide an answer, Madam Deputy Speaker will tell me off for straying into House of Lords reform. I am surprised that he made that remark about a straight face because it is his party’s policy to have an elected House of Lords. That was what those on his Front Bench in this House have said. We all have Back Benchers with different views, but that is his party’s policy, so I will hope that he will support it as we make progress. Members appointed in the other place when it is reformed will not be party appointees; they will be independent Members from a party perspective. I am therefore not sure whether their geographical origins, about which the hon. Gentleman has expressed concerns, are necessarily that important. Those Members will not represent geographical parts of the United Kingdom, so the West Lothian question does not really apply.

[Thomas Docherty]

rose—

[Mr Harper]

I will keep going along this line for as long as Madam Deputy Speaker permits me.

[Thomas Docherty]

Let us take an individual who, for argument’s sake, comes from Scotland, lives in Scotland, has a broad Scottish background and has no interests in England, but who is appointed to the upper House. Would that not simply exacerbate the West Lothian question?

[Mr Harper]

It may do, but those are questions that can be dealt with when we debate House of Lords reform. We can deal with the West Lothian question as it pertains to this elected House now; I am sure that those other questions will provide yet another exciting avenue of debate later. Indeed, I suspect—and fear—that some in the other place may have noted the hon. Gentleman's concerns and may, even as we speak, be formulating concerns that they have not had before and that we shall have to address.

Let me turn to the Bill. As I said when we debated the amendments, in drafting her Bill my hon. Friend the Member for West Worcestershire sensibly stuck to draft legislation, so that—as she and I have discussed before—she was in no danger of opening up the internal processes of this House and how we legislate to the courts. That was the right thing to do. However, in a sense, that has meant that her Bill, although an excellent vehicle for debate and exploring the issues—something that all Members have found useful—does not really present a solution. Indeed, the Bill does not even present a partial solution, because it cannot be the solution for actual legislation. For those of us who represent seats in England, our constituents are not really concerned about draft legislation; they are concerned about actual legislation and actual spending. Her Bill and the approach that it takes cannot apply to actual legislation because it is legislative in nature.

Apart from that, as I said when we discussed the amendments, the Government already set out clearly the territorial extent of provisions in actual legislation. Indeed, I gave the House some examples on Report of the different ways in which that is explained in various Bills. That is already done, and in a way, that is not the difficult part of the process. Rather, the difficult part is what follows from saying that Bills apply to different parts of the UK. The hon. Member for Perth and North Perthshire made it clear that, because of his party’s approach, it has had no trouble in identifying legislation that affects different parts of the UK or in making decisions about how to vote. I do not think that that is the difficult part. I think also that my hon. Friend the Member for Gainsborough shares that view. The Bill does not move us further forward in that regard. It merely adds legislative bureaucracy and some uncertainty, and, certainly from a Conservative perspective, we do not want to legislate when it is not necessary to do so. Passing legislation that takes us no further forward is not appropriate.

My hon. Friend the Member for West Worcestershire referred to the democracy taskforce, a Conservative thing that was chaired by my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), now the Lord Chancellor and Justice Secretary. As she said, the taskforce did not think that a full version of English votes for English laws would be desirable. It also looked at a modified version that would allow English Members into the Committee and Report stages of English-only legislation, while allowing the whole House to vote on the rest. It decided that there was no perfect, neat, tidy, no-loose-ends solution to the problem, and that the answer lay in making some improvements and moving forward. Looking into that approach in more detail will be a task for the commission.

I think that we have made some progress. I hope that I have been able to convince my hon. Friend the Member for West Worcestershire that the wait for the membership and terms of reference of the commission will not be a long one, and that the Government are committed to resolving the problem and not leaving it to fester until it becomes a crisis. Her Bill had to be very narrow because of the difficulty of legislating in this area, and it is not the right one. I therefore urge her to withdraw it at this time, and I look forward to her engaging thoroughly with the commission and putting forward her views to it.

I would just caution Members on the matter of Mr Speaker certifying Bills, as this is an area in which we would do well to think through the complexities. Certifying Bills is not an uncontroversial matter. I think that one or two Members might have been a little blasé about it. There has already been some debate in the other place when Mr Speaker has certified Bills as money Bills under the terms of the Parliament Act. I remember, when I was taking the Fixed-term Parliaments Bill through, the remarks made in the other place by the former Speakers, Baroness Boothroyd and Lord Martin. They were unhappy about the proposals for the role of the Speaker in certifying motions of no confidence, saying that that could draw the Chair into areas of controversy.

We need to ensure that the things that the Speaker takes into account in making such determinations will not draw the Chair into party political controversy. That might not be as simple to achieve as colleagues think. On uncontroversial Bills that are not a matter of huge debate between the parties, the Speaker will be able to make those determinations without attracting any criticism. When highly charged matters that could have significant political consequences are involved, however, we would need to consider whether getting the Speaker to make such decisions could endanger the impartiality of the Chair and risk drawing him into political controversy.

My hon. Friend the Member for North East Hertfordshire made a point about the flexibility that is built into Standing Order No. 97, whereby, if the Speaker made a ruling in a controversial situation, it would be possible for the Government, and other parties through the usual channels, to make decisions to protect the neutrality of the Chair. Those are the kinds of issues that the commission will need to think about.

It would have been relatively straightforward to rush into establishing a commission, but it might have produced answers that were incapable of being delivered or on which there was no agreement. The process that we have undertaken, in a more thoughtful way, will mean that we have a commission that will be able to deal with the issue and put forward solutions on which there will be a considerable amount of agreement. I urge my hon. Friend the Member for West Worcestershire not to proceed any further with her Bill, but she can be confident that she has done the House and the country a service by instigating this debate, and perhaps also by holding the Government’s feet to the fire to ensure that we make sufficiently swift progress.

[Harriett Baldwin]

With the leave of the House, I would like to answer some of the Minister’s points and thank everyone who has spoken today, either in support of or against the Bill. A wide range of interesting points have been made. I agree with the Minister that my hon. Friend the Member for Gainsborough (Mr Leigh) was a little optimistic when he said that the matter could be sorted out by next Tuesday.

I welcome the fact that the Minister made it clear that he does not intend to kick the issue into the long grass. He also reassured us that the consultation that is under way on setting the terms of reference for the commission, its membership and who might chair it will be short. He gave us a great deal of confidence that we would know who those people are by 31 December. That is reassuring.

However, we still need to discuss some of the points that I raised earlier. The Bill provides for all proposed legislation to include, on the face of the measures, the implications for the Barnett or any successor formula. In the discussion of the terms of reference of the commission, we want it to examine that. Although I agree that we do not want an enormous amount of bureaucracy expended on spelling out the financial implications, it would be helpful to the House, and potentially the Speaker, if the commission considered whether the proposal was helpful. I was therefore not reassured to hear that the House could not consider the financial implications until the deficit was tackled. As we heard earlier, Members will want to know the consequences for the Barnett or any successor formula.

We did not hear what sort of scrutiny the Chamber might be able to undertake if the commission recommends a change to Standing Orders. The Minister mentioned a range of solutions that the commission might devise, and the options will be the subject of continuing interest to hon. Members. Even if there were no legislative solution, I presume that the House would have to have an opportunity to discuss them.

[Mr Harper]

I was not very specific about the way in which the House will deal with the matter because we do not know what the solutions will be. Clearly, there would be an opportunity, if it was appropriate, for the House to debate the conclusions. If there was a proposal to change Standing Orders, a motion to do that would be tabled, which the House would debate and vote on. To some extent, it depends on the commission’s recommendations. The danger of my being too specific is that the point of setting up the commission is for it to use its expertise to devise solutions. I do not want to prejudge the solutions. If I did that, there would not be much point in having a commission.

[Harriett Baldwin]

I thank the Minister for that clarification. It leads me to my final reaction to his statement. As he acknowledged, it is disappointing that the commission will not be given an out date. It would not have been impossible for us to hear today the Minister’s expectations of an out date. Is it likely to fall during the current parliamentary Session, or after the Queen’s Speech? I feel that it should be timely enough to enable Members to resolve this complex issue before the next general election looms.

[Mr Harper]

Let me clarify what I said. I did not say that there would be no out date; I simply said that I had not reached a conclusion that I could share with my hon. Friend today. Obviously, when a commission is established it must be given some idea of when it is supposed to report, and, as I said to my hon. Friend the Member for Milton Keynes South, we want to solve the problem before it has to be solved in a moment of crisis. Setting up the commission is not an attempt to kick the issue into the long grass. We want it to come up with workable solutions which the House can then debate and put into action.

[Harriett Baldwin]

I thank the Minister for his clarification, but I am not sure that I heard within it a specific timetable that he had in mind. I would expect an out date for the commission to be some time within the current Session. I would probably accept that it could potentially be as long as 12 months after its establishment, but I would consider even that to be quite a long time, given that it has taken us 16 months to get a written ministerial statement giving notice that it would be established.