Controversy as English MPs to gain override on exclusive measures
The UK Government has announced the detail of its promise to enable only MPs for English constituencies to vote on legislation relating to England alone, with the proposals going further than many had expected.
Under "English votes for English laws" (EVEL), the Speaker of the House of Commons will certify when a bill, or parts of a bill, relate only to England (or England & Wales), and contains matters that are devolved to the other parts of the UK. If so, the bill will proceed as normal through second reading and committee, but at report stage there will be a separate consent motion by which English MPs will have the right to veto the bill or specified clauses. If this happens, further procedure will take place to see whether a compromise can be reached.
If the bill then proceeds, third reading and the House Lords stages take place as at present, but any House of Lords amendments will be subject to a similar certification and approval process.
Where "double majority" voting applies, MPs will continue to go through the division lobbies, but their votes will also be recorded electronically so that the English vote can be recorded separately.
Certain votes on Finance Bills will also reflect the devolution of some taxes to Scotland.
The measures – which would be implemented by a change to House of Commons standing orders – go further than anticipated in that bills may count as English only, even where they affect the Scottish Parliament's budget allocation through the effect of the Barnett formula.
The SNP, which previously had a practice of not voting on matters relating only to England, accused the Government of hypocrisy having vetoed amendments put forward by Scottish MPs to the Scotland Bill. Pete Wishart MP described the proposal as "an assault on the rights of members of this House which will create second class MPs".
Ian Murray, Labour's sole Scottish MP, called the plan a "constitutional wrecking ball" which risked "reducing the UK's democratic processes to rubble".
However Chris Grayling, Leader of the House of Commons, said: "This change is only a part of the wider devolution package that is a vital next step in ensuring that our constitutional settlement is fair."
He added: "At a time when we’re giving more power to the Scottish Parliament and the Welsh Assembly, it’s right the English should have a veto over things that only affect their constituents."
Society concerns
Concerns at the proposals have been voiced by the Law Society of Scotland. President Christine McLintock commented: “The West Lothian question has existed for almost 40 years, and will not be answered by changing the House of Commons standing orders alone.
“One of the most challenging aspects of this will be deciding what legislation is England or England & Wales only. Even small amendments to legislation starting off as England only can create consequences for other parts of the United Kingdom. Dealing with different legislation in different ways could lead to an even more complicated and confusing parliamentary process.
“We do have some concerns at the inclusion of Finance Bills in the proposals. The UK Government needs to explain why Budget resolutions which may impact the whole of the UK are not treated in the same way as taxes which also apply to the UK.
"With the ongoing debate over the appropriate powers for the devolved assembles and parliaments and indeed with forms of devolution to regions within England, now is the time to look at these issues as part of a wider context. Indeed, it may be that a federal system offers the only long term and sustainable solution."