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Right question, wrong answer

Sue Stirling

Published 02 November 2007

Tory proposals for Engish votes on English laws would create more problems than they would solve

So it seems David Cameron is seriously looking at the English Question. They're right to do this but they have the wrong solution.

There has been much coverage of the Conservatives taking up Malcolm Rifkind’s proposed solution of an English Grand Committee to debate laws that "apply only to England". It is claimed this is a more elegant solution than English votes on English laws, but there is a nagging question: is it really different?

When he initially proposed this idea last year Rifkind argued that there should be a convention that the House does not overturn the will of the English Grand Committee – a convention that never applied to the Scottish or Welsh Grand Committees that existed prior to devolution. If this convention is still part of his recommendation, then this is simply English votes on English laws by another name.

There are two major problems with English votes, which have been covered extensively. The first is that deciding what is an ‘English law’ is not as straightforward as many seem to think. Take for example the legislation introducing university top-up fees in England: it included clauses that applied to Scotland too.

Second, and more problematic, is that a separate English vote raises the prospect of a UK government unable to govern England - its largest constituent part. This would create a constitutional crisis far greater than the current anomaly and would most likely be a fast track to the dissolution of the UK – surely a problem for an avowedly Unionist party.

There is a further problem that has been debated less, and that is the Westminster-centric nature of this ‘solution’. England’s real problem isn’t how Scottish MPs vote – at the end of the day there are 533 English MPs and 59 Scottish ones. England’s real problem is the dead hand of centralism that saps the life out of local and regional politics. We have seen tentative steps towards decentralisation within England, but we need to see more.

Brown’s constitutional reforms have mainly focused on changes within the Palace of Westminster. He must now break out of that bubble and engage in a much wider debate with civic society about who we are and the way we are governed.

An important part of this could be his development of a ‘Statement of British values’, but only if any such statement recognises the diversity of Britain – not just our ethnic diversity, but our local, regional and national diversity too. He won’t like to hear it, but perhaps he can learn a lesson here from Alex Salmond, whose ‘National Conversation’ about the future of Scotland has captured the popular imagination more than Brown’s proposed reforms.

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2 comments from readers

IanC
02 November 2007 at 21:04

Only half an answer, Sue. What is lacking, and which 'localism' will not solve, is the lack of any voice for England as a nation. Devolution was intended by the recently departed TB to provide focus for the Welsh and Scottish nations. It has done so. England too needs a focus. England has no First Minister, no Executive. England is not respresented on the British-Irish Counci, nor in the EU. The Union is a Union of nations. Any constitutional reform which ignores the English as a nation (and most of the 'British values' were invented by the English along with the common law) is bound to fail.

A Ellis
03 November 2007 at 17:56

The whip system is also a huge problem facing the English. 533 English MP's, yet policy for England is formulated by our Stalinist PM, who represents a Scottish seat. Anyone who thinks that he does not control everything that comes out of the cabinet office is deluded.

As for Camerons fudge, why has he put the arch europhile Ken Clarke in charge of his, "democracy task force"?, with Rifkind, another Scotsman parachuted into an English constituency deciding what is best for England.

Cameron is in a win win situation here, he has no intention of answering the WLQ. He can make as much mischief as he likes, at the same time attracting votes from English nationalist in the mistaken belief that he will redress the democratic deficit in some way.

If the Conservative party gain an overall majority in a general election, then he can claim that there is a defacto English parliament as his majority will be from English MP's. If on the other hand there is a hung parliament and he forms a coalition with the LibDums, then he can blame them for not implementing any change.

Regardless of any outcome in a general election, the WLQ will be kicked int the very long grass.

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About the writer

Sue Stirling

Sue has extensive experience across many areas of public policy and the public sector generally. Her interests are in large system change, governance and public service reform. Other areas include strategic partnerships, culture change and network governance. Sue is a fully-qualified clinical and organisational psychologist.

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