Legislation (Territorial Extent) Bill

Debate between Oliver Heald and Mark Lazarowicz

Friday 9th September 2011 Commons Chamber

[Mark Lazarowicz]

There is certainly an issue, but whether it is as broad as the hon. Gentleman suggests is another question. Whether the entire constitutional nature of the House should be changed as a result of it is also a matter for debate. If there is a matter to be addressed, the only way to solve it, in my view, is to set up an English Parliament or assemblies in all the regions of England. This Bill is more damaging than its supporters realise. Under the guise of simply providing for certificates stating which parts of the UK will be affected by a Bill, it is trying to achieve by the back door the outcome that the hon. Gentleman supports. That is not the right way in which to debate this issue.

[Oliver Heald]

The hon. Gentleman has mentioned the West Lothian question. Can it be right that a Scottish Member can vote on English matters when an English Member has no such reciprocal right? Can he answer that question?

[Mark Lazarowicz]

I must stay in order while answering that question, Mr Deputy Speaker. I referred to the “so-called” West Lothian question because it is not simply about West Lothian; it applies also to west Belfast, west Cardiff and even west London, in that certain matters relating to Greater London have been devolved to the London assembly. I accept that the hon. Gentleman is asking a reasonable question, but the Bill does not provide an appropriate way of dealing with it.

The Bill, rather than creating constitutional symmetry that would apply beautifully to all parts of the UK, would seriously affect the way in which the House operates and the ability of all Members to participate in debates. This question deserves an answer. I represent a Scottish constituency, and I am interested in how these issues apply to the UK as a whole, but if Members in England really feel strongly about this, I would argue again that the answer involves another measure, rather than creating two kinds of Member in this House.

--- Later in debate ---

[Mark Lazarowicz]

That comment may support my position. Let us take the argument to the next stage: if the hon. Gentleman was asked not to vote on a Bill that had financial consequences, it would put him in a difficult position with his constituents if he chose to ignore those implications.

It is not simply that many Bills are more complex than they first seem in their implications for the UK as a whole; I am also concerned about the way in which the measure would fundamentally change the workings of the House.

[Oliver Heald]

Does the hon. Gentleman realise that we already have a procedure for certifying that a Bill is Scottish—

[Oliver Heald]

Yes. We did it for years. Those Bills created no real difficulty. My hon. Friend the Member for West Worcestershire offers an additional opportunity through the draft Bill process for any cases on the margins. It is not a question of changing our procedures. We already have a procedure that deals with the matter for Scotland, so why not have one for England?

[Mark Lazarowicz]

The hon. Gentleman knows that the procedure to which he refers does not in any sense imply that Members outside Scotland cannot vote on the final stages of measures. The Bill is very much the thin end of the wedge and would create two classes of Members of Parliament. That is my fundamental concern.

A Government could have a majority that depends on votes in Scotland, Wales or northern England—people assume that that would be a Labour Government, but politics change, and what happens in 10, 20, 30 or 40 years may not be what people expect from today’s politics. After all, some 60 years ago, the Conservative party had a majority of seats and votes in Scotland, so we must think of the long-term consequences. If a Government had a UK majority in the House that depended on votes outside England, Bills that applied “only to England”, on which Members outside England could not vote, would need to be supported by the Opposition. The Government would therefore not be the Government for large parts of the legislative programme. Opposition spokespeople would be the de facto Ministers for Education, Health and so on for England, and the real UK Ministers could not perform their roles because they would effectively not command a majority in the House. That would move us towards a position whereby there were two Governments in the House: a UK Government and a second Government formed by the shadow Front Bench for those “English-only” matters where there was no majority for that Government. We would reach that position if we followed the route of not allowing Members of Parliament outside England to vote on specific matters.

My position is clear. If there is genuine concern among people in England—I accept that there may well be—it should be addressed through proper devolution, and perhaps a proper English Parliament, not by trying to tinker with arrangements in this House in such a way as to undermine its working.