The Lord Privy Seal (Baroness Stowell of Beeston) (Con)
My Lords, I am very grateful to the noble Lord, Lord Butler, for tabling his Topical QSD and for the debate this afternoon. It has been a typically thoughtful debate on the Government’s proposals for English votes for English laws. The contributions made have shown the depth of expertise in this House on constitutional matters. I will say something in a moment about more time for debating this matter, because it is an issue I have been reflecting on since I repeated the Statement last week. Before I do so and respond to some of the specific issues that have been raised, let me remind the House of the Government’s proposal to address this important issue of English votes for English laws.
We sincerely believe that the proposal is sensible and pragmatic. Importantly, it builds on the views of the many different and important groups who have discussed and debated this matter over many years. Each time the different groups have come together and examined this important issue, we have tried to learn and to keep refining further. We propose that where a measure affects England, or England and Wales only, it cannot proceed without the consent of both the House of Commons as a whole and English, or English and Welsh, MPs. Neither side can push through a change without the agreement of the other. This gives a strong voice for English and Welsh MPs, while protecting the fundamental rights and responsibilities of all MPs in the House of Commons.
In answer to the noble Lord, Lord Butler, who referred to my answer to him when I repeated the Statement last week, English MPs cannot overrule the whole House and the whole House cannot overrule English MPs; neither side can force something through without the consent of the other. That is a very important aspect of our proposals.
The Government’s proposals seek to make these changes while keeping the process as close as possible to the existing procedures in the House of Commons. MPs from across the United Kingdom will continue to vote at Second Reading, in most Committees, on Report, at Third Reading and when considering Lords amendments. In response to the question about the Barnett formula, asked by my noble friend Lord Forsyth and the noble Lord, Lord Haskel, we have clarified the draft Standing Orders to make it plain that Members from across the United Kingdom will approve spending plans which set out the level of funding for the devolved Administrations. On the point my noble friend Lord Forsyth made about Finance Bills, it is worth clearly acknowledging that most taxes are rightly UK-wide, so the Finance Bill will be voted on by the whole House. Any taxes that are devolved in Scotland will be subject to the consent of MPs from England, Wales and Northern Ireland, as well as the whole House. By doing this, we set out a balanced way to deliver fairness within the union. The noble Lord—
Lord Forsyth of Drumlean
On the income tax point, can my noble friend not see that a large proportion of the Government’s revenue coming from income tax on earned income will be subject to a veto by English, Welsh and Irish MPs? Therefore, a Government would not be able to get its means of supply unless it had a majority in part of the House of Commons. That is a huge change, which has been added at the last minute as an afterthought.
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.
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.
Baroness Stowell of Beeston
Perhaps I might just say what I need to say in response to the point made by the noble Lord, Lord Butler, about a Joint Committee. He gave me notice of this proposal only shortly before the debate so I have not had time to consider it in any great detail. I do not think there is a formal government position for me to offer on that proposal at this time. But we do have a Constitution Committee of this House. There is a committee of a similar kind in the House of Commons. I believe that the time has come for us to make some progress on actually implementing English votes for English laws.
As I say, this has been debated many times over many years. We are and have been in pursuit of a perfect solution and I put it to your Lordships that I do not think that there is a perfect solution to this question—but there has to be a way forward because it becoming more and more urgent. The people of England feel the need for us to address this unfairness and this imbalance. What we are proposing as a Government is a way forward that we consider is sensible, pragmatic, fair and proportionate. Doing it through Standing Orders, as I say, allows for it to be tested in practice and then, after a year, for it to be reviewed again, and if it is necessary to make changes then, I am sure that that is something that we would want to make happen at that time. But I really believe that the time now is to continue.