English Votes for English Laws

Tasmina Ahmed-Sheikh Excerpts

Wednesday 15th July 2015 Commons Chamber

[Sir William Cash]

My right hon. and learned Friend was indeed here.

I tabled an amendment on the West Lothian question during the passage of the Bill in 1998, but it was pushed off the Order Paper. The bottom line is that it was disregarded by the Labour Government and, I have to say, by my own party. It simply proposed an amendment to the Standing Orders to deal with this obvious problem. The problem existed in 1998, and it is still here now. We are still talking about it and running round in circles without recognising that this is a question of fairness. I am astonished by this. As I have said, I very much enjoy the company of the Scottish nationalists in this Chamber, and the hon. Member for Perth and North Perthshire makes some very entertaining and theatrical speeches, but he talks about federalism one minute and about independence the next. He mixes the two up. We know that he wants independence and we give him credit for that, but he is not going to get it.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

I am very grateful to the hon. Gentleman for giving us the definition of devolution, which of course we understand because we live and breathe it every day. We are grateful none the less for the definition. I would like to remind him that Scottish taxpayers paid more tax per head to the UK Treasury in every one of the last 34 years. I would also like to remind him that the opportunity to devolve powers in relation to English laws comes by virtue of having an English Parliament. I suggest that he is perhaps trying to have his cake and eat it at the same time. There are financial consequences for the people of Scotland of legislation that will be discussed here and that you will term as “English only”, and that is why—

[Mr Speaker]

Order. These interventions are, in equal measure, stimulating and a tad over long. I am referring not simply to the hon. Lady, but to a number of others and we must stop a trend developing, much as it is displeasing to interrupt the hon. Lady, whose flow I always enjoy.

--- Later in debate ---

[Kirsty Blackman]

By the nature of this place, we will have a succession of Governments in future years who could put forward any legislation that they like, and Scottish MPs could be excluded from it.

[Ms Ahmed-Sheikh]

Is it not the case that the proposals would allow MPs from Scottish constituencies to agree increases to the Scottish budget, but not to amend proposals that would lead to cuts in the Scottish budget?

[Kirsty Blackman]

That is the case. As I say, the proposals are badly thought out.

As has been said, because the decisions about which matters are EVEL will be made by the Speaker, there will be no possibility of legal challenge. Therefore, Scotland is being disfranchised and excluded from the possibility of proper recourse. Some Government Members have professed the view that the reduction of legal scrutiny is a good thing. I do not think it is, and I very much doubt that my constituents would think so. The job of the Speaker in this matter will be highly technical, complicated and time consuming. I understand that at various stages in the process, the Speaker will be required to certify whether proposed legislation is to be considered under EVEL. The Speaker will, in fact, have to certify individual amendments throughout the process. Is that a good use of the Speaker’s time?

The hon. Member for Wrexham (Ian C. Lucas) raised an issue to do with the Committee stage. If an issue is certified as EVEL by the Speaker, it will be subject to a Committee stage. The Committee will be composed of only English MPs, with the parties being represented in proportion to their relative numbers in this place. The Leader of the House gave the example of bus ticketing. What will happen if bus ticketing is discussed in Committee and an amendment is tabled saying that the proposals should apply to buses in Aberdeen? During the Committee stage, those of us who have been excluded from the process are not able to come in. If, at Committee stage, an amendment is introduced that widens the range of the Bill and the places it applies to—I use bus ticketing as an example—those of us who have been excluded from the Committee stage cannot be brought back in until the next stage of the discussion.

As Scottish MPs with a legitimate, clear and real interest in the amendment, in my example, we would not be able to debate the amendment as it proceeded through Committee. In the proposed Standing Orders there is no requirement for consultation with the Scottish Parliament or even with the Clerks of the Scottish Parliament. In the case of the Sewel convention, there is discussion with the Scottish Parliament. In the case of money resolutions, which require certification by the Speaker, there is a lengthy guidance note for the Speaker. There does not seem to be any provision for that in the example that I used.

As much as I respect the Speaker, the office of Speaker and the Clerks in this place, it is clear that people in the Scottish Parliament and the Clerks there would be more knowledgeable about the effects on the Scottish people than those who are here. The hon. Member for Wrexham made the same point in relation to Wales. These are major concerns. We need to ensure that there is proper scrutiny of and consultation on the proposals before the Speaker certifies them.

If, as the hon. Member for South Leicestershire (Alberto Costa), among others, says, people in his constituency voted for EVEL in the form that has been laid before us today, why did it occupy a third of a page on page 70 of the Conservative manifesto, instead of being up front and centre stage?

Despite our asking numerous questions in advance of the announcement by the Leader of the House, we were not provided with any satisfactory answers. If, as seems to be the case, attempts are being made to rewrite the record to tell us that the proposals were public knowledge and everybody knew about them, and the constituents of the hon. Member for South Leicestershire voted for him on the basis of this knowledge, why were responses not provided to us when we asked how the process would work? I do not understand.

It is clear that this EVEL proposal completely fails to answer the West Lothian question and, in fact, causes more confusion. My favoured resolution would be for Scotland to be independent, but in the absence of independence, the UK Government need to produce a proposal in legislation rather than in the Standing Orders of this House, thus allowing for proper accountability and scrutiny.

As a number of people have said, this EVEL proposal advances the cause of nationalism and increases the appetite for independence among my constituents and the people of Scotland. None the less, I stand in opposition to the proposals, as it is wrong to remove the ability of Scottish Members to play a full part in this House on matters that have an impact on the lives of my constituents and of people across Scotland.

--- Later in debate ---

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

The proposal under discussion represents the worst of all worlds for Scotland and it leaves my constituents disadvantaged in this House. I cannot properly represent my constituents’ interests here if I cannot debate and vote on all the issues that affect the funding available to the Scottish Government through the block grant.

These hastily revised proposals are half-baked at best. Although the Leader of the House now recognises the fundamental flaw in last week’s proposals and has now accepted that spending on English issues has a knock-on impact on the Scottish budget, this week’s plan still fails to address the central issue. If Bills in this House are going to have an impact on the Scottish budget, MPs from Scotland should be fully involved in their passage through this House. The proposals introduced by the Leader of the House do not fully address that point and he needs to think again once more.

In the days before the referendum the Prime Minister called the UK a “family of nations”, but surely all family members should be represented around the table when decisions are being made. What his Government are proposing is that Scotland should have a pocket-money Parliament, where MPs from England and Wales decide on Scotland’s budget by proxy, with MPs on this side of the House locked out of the process.

As my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) has said, at the same time as the Government are introducing this fundamentally flawed scheme, MPs representing constituencies outside Scotland have voted against each and every amendment proposed by MPs from Scotland to the Scotland Bill. Oh, the irony!

This House will remember that previous Tory Governments have spoken of the need to get back to basics. This Government need to remember the three R’s: recognise the result of the general election in Scotland; respect the views of the people of Scotland who sent 56 MPs here with a clear mandate for change; and reconsider the ridiculous position we now find ourselves in.

If the people of England want their own Parliament, those MPs from English constituencies should bring forward proposals to establish one. The measures we have before us, however, are to change the rules of the UK Parliament to give Members from English constituencies greater powers over Scotland’s budget than MPs from Scotland. This is not the greatest democracy in the world that the Prime Minister described in his speech before the independence referendum last year; it is barely democratic at all.

Will the Leader of the House give the House one single example of a national Parliament in which some Members are debarred from voting on issues that have a financial impact on their constituents? I support English democracy, as I support Scottish democracy, but you cannot instil one by undermining the other, and that is what is happening here. If MPs from England want similar responsibility over matters in England, as Members of the Scottish Parliament have over matters in Scotland, that is their right, but to get to that position, we should adopt a similar process.

The development of Scottish devolution involved a national debate, followed by a White Paper published by the UK Government. The people of Scotland voted on the issue in a referendum and the Government proceeded with legislation, subject to full parliamentary scrutiny before agreeing that legislation. The Parliament was established and a cross-party group was formed to agree proposals for the operation of that Parliament. It is not everything I want for the Scottish Parliament, but this process was fair. The Government should bring forward a Bill on these matters for this House to consider. We must be allowed to debate and vote on these issues in a proper and democratic manner. In contrast, the Tory Government are just making it up as they go along and it shows, Madam Deputy Speaker, it shows.

As things stand, the Government are attempting to rewrite the UK’s constitution in a matter of months through amending the Standing Orders of this House. The Government are even attempting to circumvent scrutiny by failing to live up to their manifesto promise to consult the House of Commons Procedure Committee prior to seeking approval from the whole House to the proposed Standing Order changes. The Leader of the House brought forward his proposal only a couple of weeks ago and already we have seen emergency statements, followed by redrafted proposals and hastily redrawn parliamentary timetables. He is not leading the House; he is being dragged along in its wake. Perhaps the Leader of the House was expecting the same type of feeble Opposition offered by our Scottish predecessors. Well, times have changed. No Minister, no Government can take Scotland for granted anymore.

When he was first elected, the Prime Minster said that he wanted to instigate an agenda of respect between different parts of the UK. He said:

“This agenda is about parliaments working together, of governing with respect, both because I believe Scotland deserves that respect and because I want to try and win Scotland's respect as the prime minister of the United Kingdom.”

If only these plans embodied the respect that those words envisaged. They most certainly do not.

Just as the Secretary of State for Scotland, at Scottish questions this morning, appeared to confirm the answer to every single question he was asked in relation to the Scotland Bill by saying he was entering a period of mass reflection, I ask the Leader of the House, in respect of English votes for English laws, to follow suit. I know it has been a difficult few weeks for the Government—a very difficult few weeks—so I suggest he uses the recess to reflect and come back with amended proposals for this House.