Five years of ‘EVEL’

In the wake of the devolution settlements of the Blair years, political pressure to answer the ‘West Lothian Question’ persisted. In 2015, the proposed answer was ‘English Votes for English Laws (or EVEL). Today, on its fifth anniversary, Daniel Gover and Michael Kenny assess how EVEL has worked, during one of the most volatile political periods in living memory.

On 23rd October 2015, the ‘English Votes for English Laws’ (or EVEL) procedures came into force in the House of Commons. Introduced by David Cameron in the aftermath of the Scottish independence referendum, these new rules were designed as an answer to the notorious ‘West Lothian Question’ – the late Tam Dalyell’s resonant enquiry about why Scottish, Welsh and Northern Irish MPs should continue to be able to vote on matters that only affected England after devolution, while MPs in England were not able to reciprocate in devolved areas.

When EVEL was introduced, the procedures were sharply criticised by opponents. For some, the reform would not only be logistically difficult to implement – likely to be ‘incomprehensible’ to MPs and the public alike – but would also threaten the UK’s constitutional makeup. In particular, it was argued that EVEL would establish ‘two classes of MP’ at Westminster, undermining the ability of non-English MPs to represent their constituents’ interests. Others, meanwhile, criticised the procedures as too tame, and falling short of providing adequate representation to England.

The five-year anniversary provides an opportune moment to review how this contentious reform has fared in practice. Yet the wider territorial politics of the UK have also undergone significant changes in the intervening period. The questions to which these complicated rules were a response have become ever more pressing, but whether EVEL can provide a sustainable response to the increasingly fraught question of English devolution is increasingly doubtful.

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Democracy and the coronavirus: how might parliament adapt?

sir_david_natzler.smiling.cropped.3840x1920.jpgParliament is currently in recess but its work continues, with select committees moving to remote hearings, and the Speaker promising to move, if only temporarily, towards a ‘virtual parliament’. David Natzler, who spent almost 40 years working in the House of Commons, draws on his experience to suggest how issues relating to the remote conduct of oral questions, voting, committees, and other key matters, might be resolved before parliament returns in late April.

In my blog of 23 March, I suggested that parliament would be judged on how well it had dealt with COVID-19. Over the past fortnight parliament has passed the Coronavirus Act and Commons select committees have held several hearings (see below) in procedurally unique circumstances. Developments in other parliaments and institutions have given an indication of how Westminster might adapt in the coming months. And there have been growing calls for business – in  some radically different form – to be resumed well before 21 April, when parliament is due to reassemble following its standard, if slightly extended, Easter break. The proceedings in both Houses on 23-25 March are of course available to read in Hansard. They do not seem to have been widely reported in the press, save for the observation that there were no votes. 

Speaker’s letter of 27 March: Chamber proceedings 

On 27 March the Speaker, Sir Lindsay Hoyle, wrote a letter to all members of the House of Commons. The letter confirmed that he would be considering several practical measures to enable the number of members present in the Commons chamber at any one time to be reduced. These measures included advance publication of the order of speaking in debate, which the Chair has hitherto not revealed, thus requiring members to attend the debate and wait until called. In the past it has been suggested that the draft list be published, as it is in many other parliaments; this already happens in the House of Lords. If this were introduced it could take some persuasion to return to the existing practice, which allows the Chair to show some flexibility in response to debate.

Oral and written questions and statements

The Speaker’s letter also envisages possible adaptations of the oral question regime, conceivably allowing for questions and supplementary questions to be posed remotely by absent members. Advance submission by MPs of their desire to be called to ask a supplementary question following a statement or urgent question is also canvassed as a possible change. And the Speaker gave a strong signal that he would expect the government to allow for answers to written questions to be given during any future extended period of adjournment, much as happened in the mid-2000s when September sittings were abandoned for several years (see Standing Order 22B and Erskine May 22.4, footnote 3). This was repeated in his letter to the Leader of the Commons on 2 April. Continue reading