English votes for English laws one year on: a critical evaluation

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On 28 November the Constitution Unit hosted a seminar in parliament to mark the publication of a major new report by Professor Michael Kenny and Daniel Gover evaluating the first year of the new English votes for English laws procedures in the House of Commons. Kenny and Gover summarised their findings before two respondents, Roger Gough and Oonagh Gay, offered their thoughts on the report and the EVEL system. Dominic Walsh reports.

In his speech in Downing Street following the Scottish independence referendum David Cameron drew attention to the ‘English question’. ‘We have heard the voice of Scotland’, the then Prime Minister said, ‘and now the millions of voices of England must be heard’. With this in mind a set of procedural changes to the workings of the House of Commons, known as ‘English Votes for English Laws’ or EVEL, were proposed by the Conservatives at the last general election. These were implemented through changes to standing orders in October 2015.

There was great fanfare about the introduction of EVEL at the time. Over a year on, however, it appears to have faded almost entirely from the public view. How has the procedure worked in practice during its first 12 months? Has it been a success so far, or have criticisms of it been vindicated? These questions are addressed in a new report published jointly by the Centre on Constitutional Change, the Mile End Institute and the Constitution Unit, supported by the Economic and Social Research Council. This was launched at a Constitution Unit seminar held at Westminster on 28 November. What follows is a summary of the event; the authors, Daniel Gover and Professor Michael Kenny have written a separate blog post outlining their report in more detail.

Overview of the report

Michael Kenny introduced the event by outlining the aims of the project. These were to evaluate EVEL’s first year of operation, to examine whether the evidence bears out the criticisms made of EVEL, and to explore options to make EVEL more legitimate and transparent. He also gave some background by summarising recent historical trends which gave rise to the adoption of EVEL as policy by the Conservatives.

By and large, Kenny argued, EVEL has worked as intended thus far. However, major issues of legitimacy remain. The partisan division in the Commons vote introducing the measure was stark: every single MP who voted in favour was a Conservative, and all who voted against belonged to an opposition party. This may raise concerns that EVEL will not survive a change of government – particularly as the procedure was introduced through changes to standing orders rather than legislation, meaning that it could be repealed or suspended through a single vote. Kenny also added the caveat that the current Conservative government has a larger majority in England than in the UK as a whole and so the system has not yet been ‘stress-tested’ in circumstances where different English and UK majorities on pieces of legislation are likely.

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We must address the House of Lords’ size, for the good of parliament

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Tomorrow the House of Lords will debate its size, which is widely criticised for having grown by almost 200 since the removal of most hereditary peers in 1999. In this post former Lord Speaker Baroness D’Souza argues that change is urgently required to contain the number of peers, including placing limits on the Prime Minister’s patronage power, in order to maintain both the chamber’s ability to command respect and the wider effectiveness of parliament.

Tomorrow the House of Lords debates a motion ‘that this House believes that its size should be reduced, and methods should be explored by which this could be achieved’. The current membership of the chamber stands at over 800 (and substantially more when those temporarily absent are included). As the Constitution Unit’s work has frequently highlighted, there has been a steep increase in size since the chamber was last substantially reformed by the Blair government in 1999 – of a kind that is frankly unsustainable.

In the decade 1997-2007 a total of 374 new peers were created (i.e. 37.4 per annum). In the six years 2010-16, a further 261 peers entered the House (i.e. 43.5 per annum). Although some peers sadly die each year, and new voluntary retirement provisions were introduced in 2014, the number being appointed by the Prime Minister has far outstripped the number who have departed.

Of course the Lords was far bigger, with over 1,200 members, before the 1999 House of Lords Reform Act which excluded the majority of the hereditary peers from membership. But attendance then was fitful with some peers rarely, if ever, participating. Today with many more younger and active peers attendance it is at an all-time high – for several years now, average daily attendance has very significantly exceeded that  before the 1999 reform.

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One year of EVEL: evaluating ‘English votes for English laws’ in the House of Commons

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A major report on how the new ‘English votes for English laws’ (EVEL) procedures in the House of Commons have operated since their introduction in October 2015 is published today. The authors, Daniel Gover and Michael Kenny, argue that the current version of EVEL has avoided many of the problems predicted by its critics. However, they recommend changes to facilitate greater expression of England’s voice (as opposed to simply a veto right), to apply the ‘double veto’ principle that is central to the reform more consistently, to reduce the complexity of the system and to improve its legitimacy. The report is summarised here.

finding-the-good-in-evelIt is now just over a year since the House of Commons adopted a new set of procedural rules known as ‘English votes for English laws’ (or EVEL). Put simply, EVEL provides MPs representing constituencies in England (or England and Wales) with the opportunity to veto certain legislative provisions that apply only in that part of the UK. (For a reminder of how the process works, see here). Introduced with some fanfare by the Conservative government following the 2015 election – and criticised heavily by its political opponents – these procedures have quickly faded from public view. But, one year on, what lessons can be drawn from how EVEL has operated so far?

Over the past year, we have been conducting an in-depth academic investigation into the implementation of EVEL. This work has been supported by the Centre on Constitutional Change and the Economic and Social Research Council. It has involved a detailed analysis of the main arguments for and against this reform, and a full assessment of how the procedures have worked in practice during their first 12 months in operation (October 2015–October 2016). Today we publish our findings in a new report, Finding the Good in EVEL, which also includes a number of proposals for how this system could be significantly improved.

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What might an English Parliament look like? The Constitution Unit is consulting on the design options

Jack_SheldonMeg-RussellThe Constitution Unit has recently begun work on a new project examining the design options for an English Parliament. This was once seen as an unrealistic proposal but support has grown in recent years and it therefore now deserves to be taken more seriously. Nonetheless many major questions about what an English Parliament might actually look like remain unaddressed. In this post Jack Sheldon and Meg Russell set these questions out and invite views on them through a consultation that is now open and will close on 27 January 2017.

Calls for an English Parliament have long existed, but frequently been rejected by academics and mainstream politicians. Although a Campaign for an English Parliament was set up in 1998, as the devolved institutions were being established for Scotland, Wales and Northern Ireland, the idea did not get off the ground. A central argument has been that such a parliament, thanks to representing almost 85 per cent of the UK’s population, would, in the words of the 1973 Kilbrandon Commission on the Constitution, result in a Union ‘so unbalanced as to be unworkable’ (para 531). As critics such as Vernon Bogdanor (p. 13) have pointed out, no major existing federation has a component part this dominant, and unbalanced federal systems (e.g. the former USSR and Yugoslavia), have tended to fail. Elites have thus often proposed devolution within England, rather than to England as a whole, as the preferred solution to the ‘English question’, and considered an English Parliament an unrealistic proposal. As the Constitution Unit’s Robert Hazell wrote in 2006, ‘An English Parliament is not seriously on the political agenda, and will never get onto the agenda unless serious politicians begin to espouse it’.

Growing salience of the English question

But various factors have increased the salience of questions around England’s place in the devolution settlement, and the idea of an English Parliament has gained new friends as a result. One factor is the gradually greater powers of the Scottish Parliament and the Welsh Assembly beyond those bestowed in the 1990s – including legislative powers in an increasing number of fields and significant tax-raising powers. This means that a growing amount of business at Westminster concerns England (or sometimes England and Wales) alone. In turn, this brings the famous ‘West Lothian question’, concerning the voting rights of MPs elected from the devolved nations, more to the fore. The Conservative government consequently introduced a form of ‘English votes for English laws’ (EVEL) in 2015, through changes to House of Commons standing orders. But the new arrangements have been rejected by opposition parties, so might not survive a change of government. Furthermore, the version of EVEL that has been introduced does not actually prevent Scottish, Welsh and Northern Irish MPs from vetoing English-only legislation. It is therefore far from clear that this will prove to be a satisfactory long-term solution.

Another contributing factor is growing interest in the future of the Union pre- and post- the 2014 Scottish independence referendum. Various unionist politicians, pundits and other political observers have considered how Scottish demands for greater autonomy may be satisfied within the UK, and federalism is being increasingly discussed. The EU referendum result has led some such as Professor Jim Gallagher (Director-General, Devolution Strategy at the Cabinet Office from 2007–10) to suggest that the devolved nations, whilst remaining within the UK, might each pursue different relationships with the EU post-Brexit. Heavyweight political support for something similar has come from former Prime Minister Gordon Brown and former Shadow Foreign Secretary Douglas Alexander. The threat of a second Scottish independence referendum, announced by First Minister Nicola Sturgeon in the immediate aftermath of the Brexit vote and repeated since, means the government needs to take such proposals seriously. This would clearly require the consequences for England to be addressed.

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We need a cross-party convention to consider proposals for a Federal UK Council

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In a pamphlet published last week Lord Owen suggested that a cross-party convention should be established to consider proposals for a Federal UK Council, modelled on the German Bundesrat. He argues that such an institution, which would include representation for London and the new city-regions as well as England, Scotland, Wales and Northern Ireland, could help unite the UK in the aftermath of the EU referendum. In this post he summarises his proposals.

In the aftermath of the EU referendum result it is both logical and appropriate for political parties to seek to unite the UK. In a pamphlet published last week I propose that to this end an all-party convention should be held on the establishment of a Federal UK Council, modelled on the German Bundesrat. I argue that running our exit from the EU in tandem with the creation of a Federal UK Council is both feasible and proper. Different people and different issues are involved, but they fit together. Postponing a Federal UK Council would be an error and risks missing a moment in history when the British people are well aware that our unity is at risk and yet most want it to be maintained.

The German Bundesrat

I am convinced that if any convention is to be capable of attracting full SNP participation it needs a specific, not a general mandate. This specific mandate should be to examine the possibility of establishing a Federal UK Council based on the model of the German Bundesrat. The Bundesrat has the advantage of being a proven mechanism designed to approve all legislation that affects Germany’s 16 Länder (federal states), including constitutional changes.

The Bundesrat’s membership is drawn entirely from the executives (i.e. governments) of the Länder. Each state sends a delegation of between three and six members depending on population size (all have at least three members, those with populations of over two million have four, those with populations of over six million five and those with populations over seven million six). The delegations are required to cast their votes as a block, even though there are often coalitions at state level so they are drawn from two or more parties. Should members of a delegation cast different votes then all of the votes of that state would be invalid.

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House of Lords Constitution Committee reports on ‘English votes for English laws’

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The House of Lords Constitution Committee reported on the first year of the House of Commons’ ‘English votes for English laws’ procedure last week. The committee took the view that it is as yet too early to fully evaluate the impact of EVEL, especially as the current government has a majority of both the whole House of Commons and constituencies in England and Wales. It is therefore recommended that an extended trial should take place for the remainder of this parliament, with a final review by a joint committee early in the next parliament. Mark Elliott and Stephen Tierney offer an overview of the report.

The House of Lords Constitution Committee issued its report on ‘English votes for English laws’ (‘EVEL’) last Wednesday. The report examines the new arrangements for the passage of legislation introduced by the government in July 2015 and agreed by the House of Commons twelve months ago. The committee was asked to review the constitutional implications of these procedures by the then Leader of the House of Commons, Chris Grayling, and to report in the autumn of 2016, its conclusions feeding into the government’s own review of the new system.

In this post we reflect upon the evidence gathered by the committee and the report’s main conclusions. We do so in the context of the committee’s recent reports on devolution, in particular its inquiry into the Union and Devolution, published during the last parliamentary session, where the committee considered issues relating to the governance of England while also criticising the ‘ad hoc, piecemeal’ approach to devolution in the UK.

Reviewing the new ‘EVEL’ arrangements

The particular anomaly which the EVEL system is intended to address is of course the West Lothian question, whereby, in the words of the new report, ‘MPs representing the devolved nations are able to debate and vote in the House of Commons on laws only affecting England, while MPs for English constituencies cannot debate or legislate on devolved matters in the other nations.’ Various proposals have been put forward in recent years to deal with this issue, most nobably the recommendations of the McKay Commission which were in the end not implemented. It was not until the 2014 Scottish independence referendum that the issue of lopsided parliamentary representation was addressed. Speaking on the day after the referendum Prime Minister Cameron declared: ‘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.’

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Monitor 64: Brexit and the transformation of British politics

The latest issue of Monitor, the Constitution Unit’s regular newsletter, has been published today. The issue covers all of the major UK constitutional developments over the past four months, a period of major political and constitutional upheaval following the EU referendum result on 23 June. Unsurprisingly Brexit and its implications feature prominently. The front page article is reproduced here. You can read the full issue at this link

The months since the previous issue of Monitor was published on 9 June have been the most dramatic in post-war UK political history. The unexpected victory for Leave in the referendum on the UK’s EU membership sent shockwaves throughout the political system.

Within three weeks of that vote, David Cameron had left Downing Street and been replaced as Prime Minister by Theresa May. Three quarters of Labour MPs had voted no confidence in their leader, Jeremonitor-octobermy Corbyn – and yet he sat tight, in open defiance of the traditional norms of parliamentary democracy. UKIP and the Green Party had both also entered leadership contests. Nicola Sturgeon had declared that a second referendum on Scottish independence was now ‘highly likely’.

Much of this issue of Monitor deals with the aftermath of the Brexit vote, including its implications for Westminster (see pages 2–3), Whitehall (page 6), the devolved administrations (page 10–11) and the EU (page 13). We also explore ongoing debates regarding the conduct of the referendum itself (pages 7–8). This introduction draws out five major constitutional themes.

First, the referendum and its aftermath demonstrate that popular sovereignty, not parliamentary sovereignty, is now the central principle of the UK constitution. The doctrine that parliament is the ultimate sovereign power in the UK (or, at least, in England – Scottish nationalists discern a different heritage north of the border) was asserted by the nineteenth-century constitutional theorist A. V. Dicey. The emergence of referendums since the 1970s had eroded that principle. The referendum in June, however, was the first in which the popular vote went against the clear will of the majority in the House of Commons. That most MPs feel bound to accept that decision shows where ultimate power in UK politics actually lies. There has been great debate over the summer as to whether parliamentary approval is needed to trigger Article 50 of the Lisbon Treaty and begin formal talks on Brexit (see page 12). But this has been something of a sideshow: even if the courts deem that parliament’s consent is needed, it is all but certain to be granted.

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