English Votes for English Laws

Patricia Gibson Excerpts

Wednesday 15th July 2015 Commons Chamber

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Thank you, Madam Deputy Speaker, for allowing me the opportunity to speak on what is perhaps the most important democratic issue facing this House, the United Kingdom and this generation. The concept of English votes for English laws is, on the surface, uncontroversial, but what is proposed is English votes for English laws and English votes for Scottish laws—and English votes for Scottish lords. We will take no lessons from Government Members on a democratic deficit.

The debate last week showed that these shambolic proposals have not been thought through; they have been worked out on the back of an envelope. The answer to English votes for English laws is an English Parliament. There can be no democratic shortcuts. The proposals initially drawn up by the Government simply do not stand up to scrutiny, which makes it all the more important that proper scrutiny is undertaken.

According to the Library, of the approximately 3,800 Divisions between 26 June 2001 and 26 March 2015, only 0.7% would have concluded differently had the votes of Scottish MPs been discounted. One must then ask what is the reason for the urgency, for the indecent haste behind the move, even taking into account the pause until September.

The UK Government have published a list of 20 Bills passed in the previous Parliament that they said did not apply to Scotland. However, after careful analysis by the First Minister of Scotland, 13 of them were found to be relevant to Scotland. That is why her request for talks on English votes for English laws must be treated with respect.

We in the SNP quarter of the House are deeply concerned about what can only be described, and what can only appear, as an abuse of process behind the move. To implement such a profound and divisive measure, rushed through with the aforementioned indecent haste, and without proper scrutiny, by suspending the Standing Orders of the House, closing down debate via an English Grand Committee—incidentally, it will have powers that a Scottish Grand Committee does not have—and with the use of iPads for a separate layer of voting, would all be laughable were it not so serious and if it did not fly in the face of the democratic procedures we all hold so dear.

[Martin John Docherty]

Has my hon. Friend noted the lack of attendance on the Government Benches, despite the seriousness of the matter before us? If English votes for English laws were so important to Government Members, those Benches would be full.

[Patricia Gibson]

I heartily concur with my hon. Friend. I hope that people in Scotland watching the debate on the Parliament channel will draw the inevitable conclusion.

Let us be clear that changes to Standing Orders almost always go through Committee scrutiny first, usually in the Procedure Committee. My right hon. Friend the Member for Gordon (Alex Salmond) has noted in a point of order that were such changes to be made without scrutiny,

“any majority Government could change Standing Orders to restrict the voting rights of any Member without so much as a by-your-leave.”—[Official Report, 27 May 2015; Vol. 596, c. 65.]

Mr Speaker, who was in the Chair at the time, replied that it was “an extremely important point”.

Let me give some more context. We know that changes to Scotland’s block grant are made in line with UK spending changes on the basis of population percentages. The funding policy states that

“the system of devolved finance is subject to overall UK macroeconomic and fiscal policy.”

The system of devolved finance is, in fact, fully contingent on English finance. It is also a one-way street; Scottish Bills do not affect England, but English Bills may very well affect Scotland. Government Members have consistently refused to recognise that throughout this debate.

The former Member for Richmond (Yorks), William Hague, acknowledged as much when he said:

“we recognise that the level of spending on health and local government in England is a legitimate matter for all MPs, as there are consequential effects on spending for the rest of the UK”.

The McKay commission pointed out that the Health and Social Care Act 2012 largely applied to England but had appreciable effects on commitments to public spending in Northern Ireland, Scotland and Wales, even though health and social care is a devolved matter. It concluded:

“Any reforms undertaken to respond to English concerns must therefore be mindful of possible impacts outside England and seek to mitigate such impacts.”

In addition to Barnett consequentials, other, more general financial consequences can arise. For instance, if earned income was redefined, Scottish income tax revenues would be affected. There is a perennial question that I have not heard any Conservative Member answer: we still cannot get a logical definition of what qualifies as an England-only or an England and Wales-only Bill. My hon. Friend the Member for Aberdeen North (Kirsty Blackman) was told in response to a letter to the Leader of the House that the Scotland Bill would qualify as an England-only Bill. That demonstrates how ludicrous this whole debate is. How insulting to Scotland is that?

[Dr Thérèse Coffey]

The hon. Lady will recognise that the Government realised there was a problem with that and it has been corrected. I believe that the hon. Member for Aberdeen North (Kirsty Blackman) has a letter to that effect.

[Patricia Gibson]

I thank the hon. Lady, but that merely demonstrates the indecent haste with which this whole enterprise has been cobbled together.

[Mike Weir (Angus) (SNP)]

My hon. Friend will also recall that in the previous list of Bills, it was discovered that some of them, as well as applying to Scotland, needed a legislative consent motion, yet they were still being put forward as England-only Bills.

[Patricia Gibson]

Again, that highlights the indecent haste involved in this proposal. The back-of-a-fag-packet calculation with which it has been presented to the House is an insult to Scotland and to every nation in this family of nations with devolved Parliaments. Who would decide what was an England-only or an England and Wales-only Bill? It seems, as we have heard, that ultimately the Speaker—in secret and with no accountability—will decide.

[Mark Durkan]

Paragraph 6 of Standing Order 83J says that in making that decision

“the Speaker shall treat any clause or schedule whose only effects are minor or consequential effects”—

not minor, consequential effects but minor or consequential effects—

“outside the area in question as relating exclusively to that area.”

So as long as it has consequences, big or small, the Speaker has to rule it out.

[Patricia Gibson]

The hon. Gentleman takes the words out of my mouth, because I was about to say that the only criteria that will be applied will exclude the consideration of “minor or consequential effects” on other parts of the UK.

If English votes for English laws are the answer, I beg to know what is the question. What question are the Government really trying to answer with proposals that clearly do not stack up? Is it, “How do we keep the pesky Scots in their place?” Are they saying, “We are so fed up with Scotland we want to drive them out of the Union.”? If so, they are doing an excellent job. People in Scotland are, by turns, angry and bewildered about this measure. What happened to love-bombing the Scots? What happened to our status as a valued and equal partner? What happened to the mantra, “Scots should be leading the UK, not leaving the UK”? That was my favourite. Even Scots who are loyal to and value this Union are now questioning the Conservatives’ commitment to preserving it.

Let us not forget the hypocrisy we are witnessing. While EVEL is being pursued, we are in the absurd situation that every amendment tabled by Scottish MPs to strengthen the Scotland Bill has been voted down by the Tories, with their one MP out of 59 MPs. If the Government press ahead with this anti-democratic move and seek to make second-class MPs of those who represent Scottish constituencies, it will only convince even more Scots that the place of Scotland in this Union is simply not valued. It will convince even more Scots that those elected to speak for them are treated with contempt and dismissed as unimportant. Be prepared for a backlash from Scotland: the people of Scotland will simply not tolerate this riding roughshod over their democratic rights. I urge the Government and I urge the House to think, think and think again.