Last Thursday the government published its technical review of the operation of the ‘English votes for English laws’ (EVEL) procedures in the House of Commons. The review concluded against making ‘any substantive changes’. Daniel Gover and Michael Kenny argue that this is a missed opportunity. The decision to close down this chance for parliament to engage in meaningful debate about the EVEL system is regrettable, and may prove to be short-sighted.
Last week the government published the conclusions of its long-awaited technical review of the operation of ‘English votes for English laws’ (EVEL). This system, designed by the government and introduced in the House of Commons in October 2015, provides English (and sometimes English and Welsh) MPs with a veto over certain legislation that applies only in that part of the UK. (For a reminder of how the EVEL process works, see here.) The government’s review is 12 pages in length, and provides a fairly perfunctory response to some of the main criticisms made of this system. Ultimately, however, it concludes against making ‘any substantive changes’ to the procedures.
That the government has decided to stick with this largely unloved set of procedures is no real surprise, given the defensive stance it has consistently taken on the matter. But the decision to publish its review findings on 30 March – the morning after the triggering of Article 50, the day of the publication of the Great Repeal Bill white paper, and on the final day of Commons business before recess – ensured that its appearance was barely noticed by media and political parties, and suggests a desire to avoid reopening political debate about EVEL. The government’s unwillingness to commit to making even small adjustments, including those recommended by the cross-party Commons Procedure Committee, is also regrettable, and will do little to reassure those already suspicious of the Conservative Party’s motives on this score.
Ever since the idea of introducing special procedures to deal with English-only legislation emerged on the political agenda, in the aftermath of the Scottish independence referendum, it has been the source of extensive debate and some controversy. Unlike other critics, we have ourselves set out the case for attempting to introduce measures of this kind. As we put it in our recent report, Finding the Good in EVEL, ‘the system introduced by the government can be regarded as a positive innovation’. We have also argued that many of the criticisms commonly made of this scheme are less persuasive than they first appear, in large part due to the specific way in which the government has designed the new system.
However, we also highlighted several weaknesses in the current scheme, including its complexity, its failure to give England a meaningful ‘voice’, and its lack of legitimacy. And the research we have undertaken leads us to conclude that the government’s review has not succeeded in rectifying these problems.