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6 July 2015

The government’s plans for English votes for English laws get worse the more you look at them

The government's plans for English votes are undemocratic, bad for accountability, and bad for the United Kingdom. Other than that, they're great, says Ian Lucas MP.

By Ian Lucas

The keystone of a democratic nation’s legislature is that its elected representatives have an equal voice. On Thursday 2 July 2015, in the United Kingdom Parliament, that principle was set aside. The Government’s proposals to give additional rights to MPs from England, compared to MPs from Wales, Scotland and Northern Ireland abrogates that principle and, as a consequence, the future of the United Kingdom is threatened.

The creation of a separate English Grand Committee with exclusive, real powers also introduces English devolution by the back door. It means that, from next week, the Tories will, for laws deemed English, increase their majority from 12 to 105. This makes the Tories’ majority unassailable, transforming them from a marginal majority government, into one with a landslide majority.

When, in 1997, Labour legislated to introduce devolution, it introduced the Additional Member System in the devolved legislatures to mitigate the impact of its-then-overwhelming majority. The Tories have no such qualms, retaining the First Past the Post voting system to preserve their majority in the new English Grand Committee.

And they will do so without legislation, simply by amending Standing Orders of the House of Commons. This means that the House of Lords will not consider the change.

Conservative MPs from England say repeatedly that there are already two classes of MP – that they are second class MPs because there are devolved legislatures in Wales, Scotland and Northern Ireland. This is wholly untrue. All MPs in the UK have, in practical terms, the same standing as regards matters devolved to the nations’ legislatures. Thus, as an MP from Wales, I have the same rights as an MP from England to ask questions on devolved matters: none, because Parliament has decided to devolve responsibility for these matters to the devolved institutions.

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If England would prefer to have a devolved legislature, it is entirely open to it to create one, or a number of devolved legislatures, if it so wishes. That it has not done so is a matter of choice of Parliament. If one is to be created, it should be done using the law of the land to effect constitutional change. It beggars belief that an English jurisdiction is being created without legislation.

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In the Commons, I asked the Leader of the House of Commons to name one power that I, as an MP from Wales, have that he, as an MP from England, does not have. He could not do so. If these proposals go through, he, on the other hand, will have powers that I do not have: the keystone of equality for MPs within the House of Commons is gone.

It is extraordinary that a Secretary of State who professes himself a Unionist cannot see the danger of this proposal. Giving additional rights to MPs from England, as distinguished from those in Northern Ireland, Wales and Scotland, gives additional impetus to the nationalist arguments that they are being treated unfairly. For, as the Democratic Unionist MP from Northern Ireland, Nigel Dodds, has highlighted, the Government is refusing to give the same rights to MPs from Wales, Scotland and Northern Ireland in non-devolved areas that he is giving to MPs from England.

What is even more bizarre is that the Government does not propose that this rule should apply in the House of Lords. I have a working peer living in my constituency. In future, my rights to take part in legislative proceedings, as an elected member, will be limited in a way that his will not be.

The implications of this policy are immense: it is likely that MPs from outside England will be unable to be Ministers on those bills that are deemed to be England only as they will be excluded from relevant committees. The question arises whether it will be possible to have a Prime Minister from outside England as he will be unable to participate fully in England only legislation.

Those of us who love the United Kingdom, from whatever party, must act now. The Government’s proposals pose an immediate threat to the Union. They must be withdrawn and replaced by a considered, open process to address the challenged posed by constitutional change.