West Lothian Question Redux
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Issues such as free university tuition for Scots have made devolution a controversial topic
A potential ban on non-English MPs being able to vote on matters Westminster considers English only is back on the agenda. This is a chance to revisit the old chestnut that is the West Lothian Question - for this special occasion I have also dug out a set of arguments for and against whether the issue is of any real significance.
“Mark Harper, the constitutional reform minister, announced yesterday that a group of non-partisan independent experts would look at how parliamentary procedures at Westminster work and whether they needed reforming to reflect the changed constitutional make-up of the United Kingdom.
He said: “The Government is clear that the commission’s primary task should be to examine how this House, and Parliament as a whole, can deal most effectively with business that affects England wholly or primarily, when at the same time similar matters in some or all of Scotland, Wales and Northern Ireland are lawfully and democratically the responsibility of the separate parliament or assemblies.”
He said that the commission would be made up of a small group of non-partisan experts with constitutional, legal and parliamentary expertise.”
Five reasons why the West Lothian Question is a problem
1. The spectre that haunts the Union between the constituent units of the United Kingdom was raised initially in the 1970s by Enoch Powell who pointed out that it would be unfair for MPs from the Celtic fringes to be able to influence the affairs of those living in England whilst English MPs could not influence the affairs of those living outside England in the fields devolved to any assemblies in Scotland, Wales or Northern Ireland. This was picked up on by ardent anti-devolutionists such as the MP for Linthlogow, Tam Dalyell.
2. Further controversy was heaped on the issue after New Labour delivered devolution and subsequently many Conservative MPs went on to claim that Scottish MPs were telling England what to do. They claimed that bills such as top up fees for students in England (passed in 2004), which are not payable for students in Scotland, would not have been carried if English only MPs would have been able to vote.
3. On a related note, this is controversial since it is argued that students in Scotland have been given a free university education only due to the generous settlement Scotland receives from the Treasury – the Daily Mail argued that the £2bn bill for Scottish students would be footed by taxpayers across the UK. In this way, this is a “double whammy” for families in England - and this problem did not go away when the Coalition hiked fees further.
4. Another difficulty identified is the constitutionality of ministers elected from Scottish constituencies controlling departments that effectively are England only – when John Reed was Health Minister this was the case. And obviously we have since devolution had a Prime Minister and a Chancellor who have come from Scottish constituencies.
5. Further problems have arisen when it comes to proposed solutions to this supposed conundrum. Some Tories have proposed a form of English Parliament or English only votes for English only laws. The complexity of this solution has caused severe headaches for constitutional scholars. First, any bill which involves the use of public funds has implications for the whole of the UK in terms of taxation and spending. Second, MPs from outside England see themselves as representing the whole of the UK – after all they are elected at the same time.
Five reasons why I think that the West Lothian Question is a problem that is exaggerated
1. Many argue that this is a small price to pay for keeping the Union together and is an issue that will quieten once devolution has settled, and has much to do with playing to the gallery and harking to English-Scottish rivalry. So far no one has asked why MPs from outside London can’t vote on London transport, when much of this is now controlled by the London Mayor.
2. The importance of Scottish votes has been overstated by the Conservatives. Research by the Constitution Units has identified only two instances where it could be said their influence was clear cut, and none have occurred since the 2005 election.
3. The issue of finance to the regions is one that is more complex than many critics of the West Lothian Question are letting on. Will the Conservatives also argue that the North East is over-funded as they seek sustain support in that region?
4. On the constitutionality of the relationship between a minister’s constituency and the area controlled by their office, the Tories had little to say about how improper it was to have an MP from outside Wales control the Welsh Office as John Redwood did in the 1990s. It seems likely that the Conservatives in opposition are merely seeking to make political capital out of the new devolved settlements. Likewise little has been said of the fact that Danny Alexander, a key man in the Con-Lib deficit reduction strategy, represents a constituency in the Scottish Highlands.
5. Although there is some support for English only votes, there appears to be little public support for an English Parliament. A slight reduction in the number of MPs sent from the Celtic fringes might solve the whole issue more or less instantly.
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