Monday 17 August 2015

English Votes for English Laws (EVEL)

Now arrived at a point where there is constitutional and governance chaos in the UK

The English peoples, and rightly in my view, feel hard done by as the implications and consequences of the significant devolution process over twenty years slowly but surely moves towards a federal structure. I do not intend going back over the journey since the late 1990s, or even before that, but suffice it to say that we have now arrived at a point where there the constitutional and governance arrangements for the UK are chaotic. There are different systems of government and different systems of voting.

The unplanned devolution journey and the panic caused at Westminster by the Scottish referendum elicited David Cameron’s promise of EVEL.  Unfortunately, what seemed a straight forward matter of ensuring that on bills or issues applying to England only English MPs should vote was not that straightforward. Yes it appeared democratic and fair in principle, but it was never going to be as straight forward as that. For instance many bills that seem to apply only to England have implications for Wales and Scotland in particular. Hence rushing through ill-thought out proposals at the end of the summer really was no way of dealing with such a major constitutional change.

Under the proposals, if a law relates to matters devolved to other countries in the UK, then English MPs would have taken part in two new stages of considering legislation. The first would take the form of a grand committee in which only English MPs—or English and Welsh MPs—would be able to vote on legislation relating to their nations before the third reading of a bill. The second stage would come after the bill has passed through the Lords, when it would have to be approved by a double majority of all MPs as well as English MPs, or English and Welsh MPs.

It would be the Speaker, John Bercow, who would ultimately determine whether the proposed bill under consideration relates to citizens across the UK, English constituencies, or English and Welsh constituencies. That poses considerable problems in relation to the traditional role of the Speaker as a defender of MPs rights and those of Parliament itself.

But another point has also arisen and it relates to the Barnett formula which governs the allocation of spending in the four nations of the UK. What happens if decisions about English matters actually have a financial knock-on effect in Scotland and Wales?

As far as Wales is concerned, there are other possible wider public service implications such as the cross border patient movement for treatment in relation to the National Health Service. Mind you, someone living in west Cheshire or along the border have no say how the health service in Wales is run by the Welsh Government, even though they may receive treatment or use a GP service based in Wales.

It is not only opposition parties and MPs that are critical of the proposals, making comments such as ‘constitutional outrage’, ‘pandering to English nationalism’, ‘populist’ and that the plans are ‘reckless and shoddy’ for instance. Tory MPs are concerned too with statements made such as ‘the UK hangs by a thread’, ‘the Union is at stake’ and that there are ‘major constitutional issues.’

The way the matter has been handled by the Prime Minister from the beginning has been woeful and shambolic. The future of the Union is without doubt on the line. Somehow EVEL will have to be sorted out, but in a planned and constitutionally proper way—then there is the spectre of another possible Scottish Independence referendum on the horizon and what of the upcoming European Referendum? I have little doubt that the voters of Wales and Scotland will vote to stay in the European Union. What happens if England votes differently?

I have been a strong advocate for a federal structure to the governance of the UK since the 1970s. My family come from a Labour/Liberal tradition and there was a time when both were ‘home rule’ parties. The only way through this chaos is to establish a Constitutional Convention whose membership would need proper and fair representation and it should be required to report by the end of 2017. This is not rocket science— everything that needs to be written has been researched and published since the days of the Crowther/Kilbrandon Royal Commission of the early 1970s.


Devolving administrative and decision-making powers from Westminster and Whitehall has been such a painful experience for the political and civil service establishment for three-quarters of a century. The end result has been a haphazard, unplanned and piecemeal approach that has landed the Union in this chaotic situation. As Pete Wishart a senior SNP Member of Parliament said ‘what is being created is a quasi-English Parliament in the unitary parliament of England, Wales, Scotland and Northern Ireland’. I believe the English should have their parliament but this is not the way to do it.