The triumph of EVEL: What next for the English Question?

akfBTj4-_reasonably_smallDan Gover

Yesterday MPs voted by 312 to 270 to adopt changes to the House of Commons Standing Orders that will allow ‘English votes for English laws’ to take effect. In this post Michael Kenny and Daniel Gover highlight some of the issues that will need careful monitoring and reflect on the wider implications, arguing that the implementation of EVEL is very likely to impact on debates about the future constitutional character of the UK.

MPs voted yesterday to approve controversial changes to the House of Commons Standing Orders that implement the principle of ‘English votes for English laws’ (EVEL). This attempt by the governing party to address the ‘West Lothian Question’, and to frame its response as a key part of its answer to the question of English devolution, is a watershed moment in the history of parliamentary government in the UK. The ethos underpinning the development of devolution in non-English parts of the UK has now been applied to the largest territory within the UK, and the Conservative party has moved away from the unionist assumption that England rests content to be governed by British institutions. This effort to identify and institutionalise an English dimension to the workings of the UK parliament has attracted a good deal of procedural comment and political controversy. But whatever the political calculations and interests it reflects, the constitutional significance of this attempt to offer some form of devolution for England should not be overlooked.

English votes for English laws: a recap

Under the new procedures the Commons Speaker will be required to ‘certify’ bills, or clauses within them, that meet two criteria: first, they relate only to England (or England and Wales); and second, comparable policy decisions are devolved elsewhere in the UK. On such legislation, MPs representing English (or English and Welsh) constituencies will have the opportunity to give their ‘consent’ to the provisions, through two new mechanisms: first, a Legislative Grand Committee of English (or English and Welsh) MPs will vote on a ‘consent motion’ prior to the bill’s third reading; and second, a ‘double-majority’ voting system will apply when MPs consider Lords amendments (which will also apply on secondary legislation). The effect of these reforms is a ‘double veto’: to pass, certified legislation will require the support both of UK-wide MPs and those representing English (and/or English and Welsh) constituencies. Detailed discussion of the government’s original proposals can be found here. These changes will come into effect immediately, and will affect the passage of a number of bills, even though there is no immediate threat of a ‘West Lothian’ situation in the House of Commons.

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“The precious centre of our Parliamentary democracy”: Commons governance after the Clerk appointment affair

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Barry K Winetrobe examines the current controversy over the appointment of a new Clerk of the House of Commons, and the lessons it has for the better management and governance of the House.

It is exactly a year since I posted a piece on this blog on how the Commons could use the Government defeat on the 29 August 2013 Syria vote as a catalyst for greater Commons institutional autonomy and procedural reform, driven by itself rather than by the Executive.  This was to be led by the Speaker.  Given the current controversy over the appointment of a new Clerk of the House, the Speaker may not now be seen by everyone in such a role.  However, this sorry episode does raise important questions about the governance of what the outgoing Clerk, Sir Robert Rogers, rightly described in his farewell letter as the ‘central institution in our democracy’ and ‘the precious centre of our Parliamentary democracy’.

By the time this piece is posted, the immediate crisis may be in the early stages of resolution, with time-honoured Westminster ad hoc compromises, promises of root and branch governance reviews etc..  However, that the process of appointing the most senior House official has been, for whatever reasons, so controversial is seriously damaging to the House’s reputation. We know from the House Service’s own Strategy for 2013-17 that its vision is that the House be seen as ‘a model of good practice and innovation’ and that ‘the House Service will have the respect of Members of Parliament and of the public for our independence, integrity and professionalism… We will be seen as efficient, responsive, diverse and inclusive.

Of course, this affair is as much a proxy war about the performance of the present Speaker as it is about getting the best Clerk/Chief Executive or deciding what the proper role and functions of the Head of the House Service should be.  In this long recess period, where the usual dearth of official in-House response and rebuttal is even more acute, the anti-Bercow forces have been able to make the running in attacking the Speaker for his handling of the recruitment process and for his apparent favoured candidate.  Their views are set out in their memorandum, which was leaked on the Guido Fawkes blog a few days ago. This document, which is riddled with factual errors and patronising and one-sided arguments, can be basically summed up as:

the top job in the House Service of Clerk/Chief Executive can only be filled, as now, by a ‘real’ Clerk, because the proceduralist side of the role is more extensive and more important than the relatively mundane ‘chief executive’ side, which the Clerk can also do as he/she has been trained to do it on the job.

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