Tam Dalyell, MP for West Lothian 1962-1983, who first posed the West Lothian Question. Photo: Getty
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What is the West Lothian Question?

The thorny issue of “English votes for English laws”.

Tam Dalyell, the Labour MP for West Lothian from 1962 to 1983 (and then Linlithgow from 1983 to 2005) popularised what is commonly referred to as the West Lothian Question. Speaking in the Second Reading debate of the Scotland Bill on 14 November 1977, he raised what he considered to be “a basic design fault” in the way power is devolved in the UK – the fact that non-English MPs can vote on legislation that affects English politics, while English MPs do not have an equivalent say in Scotland, Wales and Northern Ireland:

I shall spare the House alliterative lists of being able to vote on the gut issue of politics in relation to Birmingham but not Bathgate. The fact is that the question with which I interrupted the Prime Minister on Thursday about my voting on issues affecting West Bromwich but not West Lothian, and his voting on issues affecting Carlisle but not Cardiff, is all too real and will not just go away.

If these alliterative lists simply symbolised some technical problem in the Bill, the House could be certain that Ministers would have ironed it out since February, if for no other reason than to spare themselves from having to listen to grinding repetition from me. That alone would have been ample reward and would have made their work solving the West Lothian-West Bromwich problem worthwhile.

The truth is that the West Lothian-West Bromwich problem is not a minor hitch to be overcome by rearranging the seating in the devolutionary coach. On the contrary, the West Lothian-West Bromwich problem pinpoints a basic design fault in the steering of the devolutionary coach which will cause it to crash into the side of the road before it has gone a hundred miles.

For how long will English constituencies and English hon. Members tolerate not just 71 Scots, 36 Welsh and a number of Ulstermen but at least 119 hon. Members from Scotland, Wales and Northern Ireland exercising an important, and probably often decisive, effect on English politics while they themselves have no say in the same matters in Scotland, Wales and Ireland? Such a situation cannot conceivably endure for long.

It was actually Enoch Powell, responding to Dalyell, who said “Let us call it the West Lothian Question”, giving a name to a problem that has vexed politicians for decades (Prime Minister William Gladstone, who represented Midlothian in the 19th century, tried to address a similar issue raised by Irish Home Rule in the 1880s). Issues such as university tuition fees have raised it time and time again in recent years, for instance when Scottish MPs were instrumental in passing legislation in Westminster that raised tuition fees in England, while the Scottish Parliament abolished them in their own country.

Unsatisfactory as the lack of an answer to the West Lothian Question is, it has always been thought that to try restrict votes in the House of Commons just to English MPs would be a constitutional nightmare, since it would create two classes of representative within the same institution.

However, speaking in response to the No vote in the Scottish independence referendum, David Cameron said this morning:

I have long believed that a crucial part missing from this national discussion is England. We have heard the voice of Scotland and now the millions of voices of England must also be heard. The question of English votes for English laws - the so-called West Lothian question - requires a decisive answer.

As ever, this problem is further complicated by politics. As my colleague George Eaton has pointed out, the balance of the parties in Westminster is such that if Scottish, Welsh and Northern Irish politicians were no longer allowed to vote on England-only legislation, any future Labour government would struggle to maintain a working majority, something which he says would hand “the Conservatives an effective veto” and likely leave “a future Labour Chancellor unable to pass his or her Budget”.

It’s all fiendishly complicated, and has decades of constitutional research and wrangling attached to it. It isn’t as simple as Ukip leader Nigel Farage is making it sound in media appearances this morning – he says he will now be agitating for “a fair voice for England” and justice for “English taxpayers”, without a hint of what the end goal of such a campaign would be. Cameron’s pledge that legislation will be ready by January seems ambitious.

Although, it might not be completely unrealistic. Work has been going on in the background on the question of “English votes for English laws” for years. Ken Clarke chaired a committee that made proposals in 2008, and both the 2010 Conservative and Liberal Democrat manifestos included a pledge to look into it. The McKay Commission was set up to do this in 2011, and reported in 2013 (read a summary of its recommendations here), so we can expect that its proposals will now be revisited.

Whatever David Cameron and the other national party leaders propose in the coming weeks and months, we can be sure that although that the question of Scottish independence has been settled for the moment, the debate on how England is represented has only just begun.

Caroline Crampton is assistant editor of the New Statesman. She writes a weekly podcast column.

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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.