Commons Financial Privilege

Nicholas Dakin Excerpts

Wednesday 28th October 2015 Commons Chamber

[Chris Grayling]

One thing I said clearly yesterday was that I do not think we should do change on the hoof and rush headlong into change. Equally, we must accept that there appears to be a strategy in the House of Lords—an alliance between Labour and Liberal Democrat peers—to demolish the Government’s platform on which we were elected in May. This cannot therefore wait forever, but I accept my right hon. Friend’s point that we must do it carefully and properly.

[Nic Dakin (Scunthorpe) (Lab)]

Does the Leader of the House appreciate the irony of selecting a hereditary peer who has previously said that the convention is dead to undertake the review?

[Chris Grayling]

It is entirely sensible to pick a respected senior figure who knows the workings of government and of the House of Lords, and who will undoubtedly produce words of wisdom for all of us.

English Votes for English Laws

Nicholas Dakin Excerpts

Wednesday 15th July 2015 Commons Chamber

[Nic Dakin (Scunthorpe) (Lab)]

It has been an excellent debate, in which I believe 23 Members have taken part. I want to start by paying tribute to the two Members making their maiden speeches: the hon. Member for St Ives (Derek Thomas), who spoke passionately about the area in which he has lived all his life and now represents with great pride; and the hon. Member for Glasgow North East (Anne McLaughlin), who gave us an excellent speech, bringing to life her constituency and recognising the inspiration running from the 1820 martyrs to where she is now and where she is going in representing her constituents.

As the hon. Member for Stone (Sir William Cash) said, to deal with 400 years in a 10-minute speech is difficult, given that this issue has been a challenge for a long time; he recognises the complexity of what we are dealing with. The hon. Member for Strangford (Jim Shannon), in a very good speech, drew attention to his real concerns about the way in which this debate can fracture relations in this House. I have been listening to the debate and I am afraid that it has been fractious at times. That is not a good thing. It is not a good way to make progress on a matter of such importance, not only to people within this House but to those without this House. Members representing six parties have spoken in this debate against the proposals and the method of the proposals that have been laid before the House tonight. Only one party, the Government party, has spoken in favour of them. If we are trying to progress in a cross-party way, the Government need to pause and think about that before they plough on.

The contribution from the right hon. Member for Haltemprice and Howden (Mr Davis) was a very good one. He said that the tenor of the debate matters as much as the content, and those are very wise words. He said that this is a “problematic issue” and that we need to proceed with “utter fairness to all sides”. He welcomes, as we all do, the opportunity for some space, which the Leader of the House has now given us, but he says that it is important that if proposals go forward, they do so in a way that does not create “two classes of citizen” and does not create a grievance anywhere. Sadly, in this debate we have heard a lot of potential grievance. The words of the right hon. Member for Haltemprice and Howden need to be considered as we go forward.

There was an interesting exchange when the hon. Member for North Down (Lady Hermon) intervened on the hon. Member for Beverley and Holderness (Graham Stuart). She said that many people in Northern Ireland feel that their Britishness is being undermined and that this legislation is in danger of undermining the one nation Government that the Tories say they want to be. Those are wise words from a wise woman who fully understands the nature of division and discord, and where it can lead if it is not handled properly. Her words need to be carefully considered.

The right hon. Member for Orkney and Shetland (Mr Carmichael) spoke with great authority when he said that we must not pretend that a complex problem can be subject to simple solutions. He called for proper consideration of the legitimate grievances. I hope that the Government were listening to his words, too. My hon. Friends the Members for Wrexham (Ian C. Lucas) and for Alyn and Deeside (Mark Tami) forensically drew attention to the impact that these matters can have across borders. They said that as legislation goes through, matters can emerge that affect more than England. It is not clear how the Government will deal with that. My hon. Friend the Member for Wrexham used his own experience to give us a very good analysis of how, during the legislative process, things can impact more widely. That experience, particularly in relation to health, needs thinking about and reflecting on.

The hon. Member for East Antrim (Sammy Wilson) said that this was a sad and alarming debate. He drew Members’ attention to the fact that discussions that he has had in the past around the Olympic project had Barnett consequentials. That will apply to other matters, too, so the proposals should be considered properly. My hon. Friend the Member for Foyle (Mark Durkan) said that what we were presented with today was a confusing answer to a confused question, and he wondered why the Leader of the House was going ahead with this political joyriding. He, too, drew attention to the problem of what he described as “karaoke legislation”—legislation that goes through this House that does not immediately have an impact anywhere else, but, because of the way that other parts of this United Kingdom operate, does in fact have a consequential effect.

The hon. Member for Ochil and South Perthshire (Ms Ahmed-Sheikh) asked whether MPs from Scotland will be fully involved in Bills that have a financial impact on Scotland. That has not been properly answered to date. My hon. Friend the Member for Hyndburn (Graham Jones) repeatedly pointed out that this matter is a dog’s breakfast. The hon. Member for North Ayrshire and Arran (Patricia Gibson) talked about shambolic proposals. The hon. Member for Aberdeen North (Kirsty Blackman) described how MPs from outside England will be excluded from the debate. Those are genuine concerns. [Interruption.] The Leader of the House says from a sedentary position that I am saying things that I know are not true. Let me reference again the right hon. Member for Haltemprice and Howden, who said that the manner of the debate matters as much as the content. Obviously the content is unclear, as the exchange between the Leader of the House and the right hon. Member for Gordon (Alex Salmond) has just shown.

The hon. Member for Belfast East (Gavin Robinson) described the debate as divisive and fractious. He called for a constitutional convention to try to get this matter right in a proper way.

[Neil Gray]

The hon. Gentleman talks about this debate being divisive and fractious. Does he not agree that the very reason it has been divisive and fractious is that this proposal is divisive and fractious?

[Nic Dakin]

As I see it, the problem is that the Government are going forward in a way that excludes rather than includes people. I hope that they reflect on that. To be fair, the Leader of the House has done that throughout this process over the past couple of weeks, albeit kicking and screaming at certain times, but he needs to try to get this right because the consequences of not doing so could be quite terrible for our nation.

In a thoughtful contribution, my right hon. Friend the Member for Delyn (Mr Hanson) drew attention to the fact that he is in danger of becoming a second-class MP as a result of these proposals. He asked what opportunity he will have to make representations to the Speaker. The role of the Speaker and the certification process concerned a number of Members who spoke. My right hon. Friend also noted the way in which the unelected lords would be able to table and vote on amendments, while Members of this House would not.

The right hon. and learned Member for Beaconsfield (Mr Grieve) was equally anxious about that point. In a thoughtful and helpful contribution, he drew attention to the difficulties in the certification process for the Speaker. He also said that we are in the middle of a process and that this will not be a final settlement.

We heard another thoughtful and helpful contribution from the right hon. Member for Clwyd West (Mr Jones). He pointed to the two tests of certification: is the issue devolved, and is it an issue that relates exclusively to Wales, for example? He said that a mechanism would need to be devised to allow the Speaker to apprise himself of the views of Members as part of the decision making. The role of the Speaker, the process of certification and how the Speaker will be aware of what is happening in particular areas are crucial points that have been raised throughout the debate.

The hon. Member for Perth and North Perthshire (Pete Wishart), in a suitably animated and passionate contribution, struck a note of irony when he turned to those on the Government Benches and said, “They are doing this to save the Union.” The Chamber erupted into ironic cheers, because that is not what will happen if we continue down this route.

With deepening devolution in Scotland, Wales and Northern Ireland, it is right that we look at changes in Westminster to strengthen England’s voice when it comes to English-only matters. We have made that clear all along and throughout this debate, and I make it clear again from the Dispatch Box now. In the previous Parliament the Government commissioned Sir William McKay to look at the issue. He recommended a balanced set of proposals to strengthen the voice of England on English-only matters while warning against creating two classes of MP.

We should look at Sir William’s proposal for an English or English and Welsh Committee stage, because it is right that English MPs should have a key role in considering such legislation. If it is done in the right way, that could be a sensible reform that would strengthen England’s voice without creating two classes of MP. However, the Government are ignoring Sir William’s warnings and are effectively proposing to give English MPs a veto over legislation, thus creating two classes of MP and risking at best legislative gridlock, and at most the creation of an English Parliament by the back door.

When the Prime Minister stood on the steps of No. 10 Downing Street on the morning of the Scottish referendum result, he chose to act not as the Prime Minister of the United Kingdom, or even as the leader of the Conservative and Unionist party, but as the leader of a primarily English Conservative party. By invoking English votes for English laws on that day of all days, he decided to take risks with the long-term future of the Union in the interests of temporary party advantage.

That continued into the general election, when the Conservative party, which ironically supported the Scottish nationalists to get budgets through Holyrood, used the spectre of a post-election arrangement between the SNP and Labour to frighten voters. It was a highly effective short-term strategy, as the Labour party struggled to reassure voters that it would not happen, despite all the evidence of past behaviour indicating that it would not.

But this is a high-risk Conservative strategy, and it risks the Union. The risky strategy has continued since the election in this headlong rush to bring these measures forward. It is not surprising that things have descended into chaos, with the Leader of the House appearing to make things up as he goes along. Having initially sprung a statement on the House indicating a very fast process, he was forced to retreat in a Standing Order No. 24 debate, when Government MPs stayed out of the Lobby and he left the Chamber before the result was announced. At last week’s business questions he promised a two-day debate, the first day of which was scheduled for today after the timetabled statutory instrument on foxhunting. He made a commitment to bring forward revised Standing Orders on Monday this week so that right hon. and hon. Members could give full consideration to the revised changes before today’s debate. He failed to deliver on that commitment, and the paperwork was not available in the Vote Office until midday yesterday. Yesterday, he changed the business again, dropping the item on foxhunting through a point of order in which he gave no compelling explanation for the change.

Frankly, it is legitimate, however much we may not like it, for the Scottish National party to pursue its objective of independence. It is not reasonable, however, for the Conservative and so-called Unionist party to play fast and loose with the Union for short-term political advantage. That is reckless and risks the Prime Minister’s legacy being the break-up of the Union. If he carries on as he is, he will go down in history as the Prime Minister who failed to keep Scotland in the Union, so it is the true Unionist parties—Labour and the Liberal Democrats—that are having to make the arguments for getting right an English voice in this Parliament on matters of concern. Ironically, and to their credit, SNP Members are also arguing that this be done in a right and proper way.

That is why we are asking the Government to learn from their mistakes and proceed in a genuinely cross-party way that allows all interests to be properly examined. We need to go back to the McKay commission report, commissioned by this Government, which properly and thoroughly examined the issue. That should be our starting point. As this issue has far-reaching implications for the way in which this Parliament operates, it is well worth seriously considering taking things forward through a Joint Committee of the Commons and Lords. That would be a proper way to proceed with a constitutional issue of such significance.

If we take as our reference point what was in the Conservative manifesto, we see that there has been a failure to carry out its commitment to get the views of the Procedure Committee before bringing measures forward for consideration by the whole House, which would have been a sensible way of proceeding. Instead, the initial statement came before the Committee had sorted out its membership. The good news, though, is that the Committee is now in place and met yesterday under the excellent chairmanship of the hon. Member for Broxbourne (Mr Walker). It is going to have a timely look at the Government’s proposals from a procedural perspective, taking evidence as appropriate. It would be helpful if the Deputy Leader of the House confirmed that the Government will not bring forward the second day of this debate until after the Committee has completed its deliberations.

Oral Answers to Questions

Nicholas Dakin Excerpts

Thursday 9th July 2015 Commons Chamber

[Dr Coffey]

The Government have taken a modest step in addressing what is covered. If my hon. Friend wants to make further representations to the review, I am sure that the Procedure Committee and the Government will listen to his proposals.

[Nic Dakin (Scunthorpe) (Lab)]

In the light of the Government’s sudden and welcome change of approach to EVEL next week, will the Deputy Leader of the House outline how they intend to ensure that full and proper consultation takes place on a genuinely cross-party basis on this very important and difficult constitutional issue?

[Dr Coffey]

My right hon. Friend the Leader of the House has already made approaches to other parties. We are holding the open drop-in sessions—[Interruption.] Well, they are consultation sessions. I am not aware that the hon. Member for Wrexham (Ian C. Lucas) has approached me or the Leader of the House to have those conversations. I have already responded to the right hon. Member for Delyn (Mr Hanson). I remind the official Opposition that last autumn they were invited to have discussions, but they declined to do so.

English Votes for English Laws and North Wales

Nicholas Dakin Excerpts

Wednesday 1st July 2015 Westminster Hall

[Nic Dakin (Scunthorpe) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Crausby. I congratulate my hon. Friend the Member for Ynys Môn (Albert Owen) on obtaining the debate. The debate has been attended by 23 Members, which shows the interest in Parliament, although it is odd that no Plaid Cymru Members attended. However, the nationalist position was put well by the hon. Member for Perth and North Perthshire (Pete Wishart).

The devolution genie is well and truly out of the bottle, which is probably a good thing, as it allows people to make decisions closer to their place of impact. However, here in the United Kingdom devolution is permissive, asymmetric and uneven. There is an understandable need to devolve more powers and responsibility to the English regions, but the thorny question is how to do that in a balanced, proper way. We have separate Assemblies in Wales, Northern Ireland and London, with a Parliament in Scotland, but nothing in England between the UK Government and local authorities. The space is now being filled with a rush to devolve powers to city regions such as Greater Manchester, which raises significant questions about accountability and generates a debate about the value and purpose of the United Kingdom, what powers it is appropriate to keep at which level, and what powers should be devolved and to whom. Those are difficult questions with uncertain answers.

Into that quagmire the Prime Minister went on the morning after the Scottish people spoke so clearly and strongly in favour of remaining in the United Kingdom, when he chose to proclaim boldly on the steps of Downing Street the notion of English votes for English laws. It was neither the time nor the place for him to behave as the leader of a political party rather than as the United Kingdom’s Prime Minister. Mischief making and political posturing are not the way to determine how our nation should proceed on this difficult question. It is far too important for that. The challenge demands statesmanship, careful thought and inclusive action.

We are sometimes obsessed with borders, but the reality, as today’s debate demonstrates, is that real people do not live contained and constrained by borders. As my hon. Friend the Member for Alyn and Deeside (Mark Tami) perceptively observed, in reality the border does not exist. Real life is complicated and messy. In 2012, the McKay commission was quite properly given the task of considering how the House of Commons might deal with legislation that affected only part of the United Kingdom, following the devolution of certain legislative powers to the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales. In the report of March 2013, McKay concluded that the

“use of a specially-constituted public bill committee with an English or English-and-Welsh party balance is the minimum needed as an effective means of allowing the voice from England (or England-and-Wales) to be heard; it would retain the opportunity at report stage for amendments to be made to a bill to implement compromises between the committee’s amendments and the Government’s view, or even— though we would expect rarely—overriding in the House what was done in committee”.

Done in the right way, that has the potential to be a sensible reform, which would strengthen English and Welsh voices without creating two classes of MP. It must now be properly and fully considered.

We must not inadvertently undermine the union of nations that is the United Kingdom by pushing forward hasty proposals drawn up in secret or pursuing partisan positions. The hon. Member for Perth and North Perthshire is right when he says that that needs the utmost scrutiny. My hon. Friend the Member for Ynys Môn is also right when he warns of the danger that English votes for English laws will be a sticking plaster that causes more problems, and when he calls for a UK convention on constitutional rights.

[Albert Owen]

One of the best examples of the anomalies in the proposal was transport in London. Is that an England-only or a London-only issue? It is not just a question of the three nations outside England; questions arise within England.

[Nic Dakin]

My hon. Friend is right, and further devolution across England raises more such questions. That is why the issue is complicated and messy, needing time to get it right, rather than a rush to something that will make things much worse.

Hon. Members have raised important questions, which should be properly considered. We need to ensure that the voices of residents of North Wales continue to be heard through their elected representatives. Wales is a small country, but it is well integrated within England, as we have heard. It has received more powers in the 16 years since the Welsh Assembly was created: it now has primary law-making powers, and it is getting financial powers in the form of control over stamp duty, landfill taxes and business rates. The Government, as the former Secretary of State, the right hon. Member for Clwyd West (Mr Jones), reminded us, will introduce a Wales Bill later this year which will devolve further powers to Wales in the areas of energy, transport and the environment. We welcome that.

It is right that we recognise the need to reflect the devolution settlement in the way that Westminster works, but we must also take into account the integrated nature of the economy and society in North Wales. Many hon. Members, including my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders), made it clear how closely interrelated the economies are.

[Mr David Jones]

I am glad that the hon. Gentleman has mentioned the hon. Member for Ellesmere Port and Neston, because he identified a democratic deficit where English Members are concerned. Does the hon. Gentleman agree that the Wales Bill offers a good opportunity to address those problems?

[Nic Dakin]

The Wales Bill represents an opportunity to explore those issues. I did not hear my hon. Friend say what the right hon. Gentleman did; I heard something quite different.

Economically the border with Wales is porous. Some 90% of the Welsh population—2.7 million people—live within 50 miles of the border on the Welsh side, and a further 13.7 million live within 50 miles of it on the English side. In aggregate, 30% of the population of Wales and England, or more than 16 million people, live within 50 miles of the border between the two countries. It is estimated that 100,000 people travel between Wales and England for work, and just over half of that criss-cross border traffic is accounted for by people commuting in and out of North Wales. The A55 trunk road, which runs across North Wales connecting Holyhead with Chester, is crucial for business and residents.

Some people argue for Wales to take powers over income tax, but the Welsh Government already have the power to hold a referendum on whether and when to take those powers and the current Welsh Government do not see that as a priority. They argue that that the more pressing issue of fair funding is the priority that must be resolved sooner rather than later. There is a danger that if income tax were to be included in EVEL and it was handled in a cack-handed way, thousands of workers who cross the border to work could find that their elected MP had a limited say over the income tax they would pay. That would be against their democratic rights.

Many people from North Wales use health services over the border in England. We have heard about the personal experience of the hon. Member for Vale of Clwyd (James Davies) in that respect. About 21,000 English patients are registered with Welsh or Welsh-registered GPs. Approximately 15,000 Welsh residents are registered with English or English-registered GPs. That means that about 6,000 patients flow into Welsh primary care from England. In addition, approximately 50,000 Welsh residents travelled to non-Welsh providers for treatment, including emergency and elective patients. That far outweighs the number of non-Welsh patients admitted to Welsh hospitals; typically it is Welsh patients using specialist services at large hospitals in England, as we have heard in the debate.

Some 138 million journeys take place each year on roads and trains across the border—an average of 2.6 million journeys each week. The UK Department for Transport specifies and funds three of the four rail franchises that provide cross-border rail services between England and Wales, with the Welsh Government largely responsible for the fourth—the Wales and borders franchise. That franchise provides cross-border rail services to Manchester, Shrewsbury, Birmingham and Crewe, in addition to all rail services wholly within Wales, and is controlled by the Welsh Government. The UK Government have stated that Wales will benefit from HS2 because of additional capacity and reduced journey times on the west coast main line. Because of that it was considered a UK-wide project and no Barnett consequential was given to Wales.

All the areas I have outlined—the economy, health and transport—are examples of how defining an English policy area is not straightforward. That means that careful thought must be given to any proposals to restrict the voting rights of Welsh MPs. In any future arrangement, North Wales MPs need a full voice on matters affecting their people. As my right hon. Friend the Member for Delyn (Mr Hanson) perceptively said, everyone needs to be an equal Member in this House. I hope that the Deputy Leader of the House will unequivocally answer the question of what an English law is.

Use of the Chamber (Youth Parliament)

Nicholas Dakin Excerpts

Tuesday 23rd June 2015 Commons Chamber

[Nic Dakin (Scunthorpe) (Lab)]

The hon. Member for Shipley (Philip Davies) is completely right to say that the quality of Youth Parliament debates in this Chamber continues to be exemplary. The hon. Member for South Antrim (Danny Kinahan) was also right to mention the inspiration given to the young people of the Youth Parliament by allowing them to come into this Chamber and debate.

[Jim Shannon (Strangford) (DUP)]

I want to commend the member of the Youth Parliament for my constituency, Aaron Addidle, who attends Regent House school and has all the qualities of a potential MP or Member of the Legislative Assembly. He shows that today’s youth are interested. Sometimes people deride them, but today’s youth in my constituency have great qualities.

[Nic Dakin]

The hon. Gentleman is absolutely right to commend that young person, and there are many similar young people up and down the land. School councils meet daily, weekly and monthly for debates and conversations. Indeed, I recently met the school councils of Lincoln Gardens and St Augustine Webster primary schools in my constituency. They are typical examples of what is going on.

The Deputy Leader of the House made a good point when she drew attention to the way in which issues have been raised for debate in the Youth Parliament. There have been regional meetings of young people across the country to discuss a variety of issues, and those issues have eventually been brought here. It is right and proper that the debates happen here as the pinnacle of all those activities, and that is why I am happy to support the motion.

Oral Answers to Questions

Nicholas Dakin Excerpts

Thursday 4th June 2015 Commons Chamber

[Dr Coffey]

Hon. Members had the opportunity to vote in the previous Parliament, and I suspect that my hon. Friend and I were in the same Lobby at the time. The Procedure Committee revisited the situation, and could do so again if Members made representations to it, but I repeat that the Government have no plans to change the sitting hours of the House.

[Nic Dakin (Scunthorpe) (Lab)]

I welcome the hon. Lady to her post; I am sure she will perform extremely well, as she has in other posts. The Procedure Committee considered this matter in the previous Parliament, but does she agree that it would be opportune for the Committee to pick it up again when it is reconstituted, so that current Members can comment on the sitting hours of the House?

[Dr Coffey]

I thank the hon. Gentleman for his welcome, and I congratulate him on, and welcome him to, his new position too. It is not for the Government to determine the business of the Procedure Committee; it is up to the Members selected to serve on the Committee to do that.