English Votes for English Laws

Baroness Smith of Basildon Excerpts

Thursday 16th July 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, this is the debate the Government did not want. We are very grateful to the noble Lord, Lord Butler of Brockwell, for taking the initiative and providing this opportunity to try to ensure that the Government understand why there are so many concerns about how their proposals affect our work and our role in legislation.

There is widespread recognition that there is an issue to be addressed; we have put that on record previously and we have heard it today. But the Government’s proposals go way beyond the McKay report and the Hague report, so their assertion that this change has been fully debated and considered has to be dismissed. The noble Baroness the Leader of the House has been emphatic, and I quote her directly when she addressed your Lordships’ House in a previous Statement. She said, “We are not affected”. But in the same Statement, she also said that the Speaker of the House of Commons would have to certify amendments passed by your Lordships’ House. As we have heard, that creates potential for legal and constitutional difficulties. The situation is clearly more complex than the Government are suggesting. The short but substantial speeches we have heard today have expressed serious and well-founded concerns. These have been exacerbated by the Government’s initial attempts to evade appropriate parliamentary scrutiny by issuing a multi-page amendment to Standing Orders in the other place, with no debate here. That is wrong.

We will fail in our duty as a scrutinising Chamber if we fail fully to investigate the implications this legislation and these changes could have for the governance of our country. If, after hearing from the experts here today, the noble Baroness still believes that there definitely will be no impact on the work of your Lordships’ House, she has nothing to fear from an investigation by a Joint Committee of both Houses. However, I and many other noble Lords do not share her confidence on that point.

Surely it is better to interrogate this issue now and be reassured that there is no impact, or to identify and plan for any possible impact. What a dereliction of duty it would be if, in six months, a year or two years’ time, there is a constitutional difficulty the resolution of which we have given no consideration to. That is a recipe for constitutional chaos, and it reinforces calls for a constitutional convention.

We support the noble Lord, Lord Butler, and I look forward to a considered response from the noble Baroness that I hope will address the concerns raised by noble Lords. I hope she will be able to agree to the request from the noble Lord, Lord Butler, for a Joint Committee of both Houses.