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  Scottish MPs Voting on Devolved Matters  
 

Mr. Mark Lazarowicz (Edinburgh, North and Leith) (Lab/Co-op):
I want to bring the debate back from the somewhat intriguing vision of an imperial Parliament, covering all the parts of the globe that are still coloured red, to the practicalities of the Conservative proposals.

Mr. Savidge rose—

Mr. Lazarowicz:
I shall give way to my hon. Friend in a little while. The practical difficulties cannot simply be laughed off as the Conservatives have tried to do today. Members on both sides of the Chamber have given examples that show how the proposals would not work in a practical sense. I want to dwell on two of those in more detail and take some of the lessons that need to be drawn from them.

First, the Higher Education Bill, which comes to the House next week, has been mentioned. Clauses on tuition fees will not be applicable to Scotland, but they have implications for Scotland. Large parts of the Bill will be directly applicable to Scotland as well. Therefore, clearly, that cannot be regarded as an English-only measure.

Last year's legislation on foundation hospitals was applicable only to England, although it clearly had UK-wide implications, including many sections that applied to other parts of the United Kingdom as well. A couple of years ago a number of hon. Members who are present in the Chamber served with me on the Standing Committee considering the Proceeds of Crime Bill. That contained provisions some of which applied to the UK as a whole, some of which applied only to England and Wales, some of which applied only to Scotland and some of which applied only to Northern Ireland.

The consequence of the Conservatives' proposals would be to have what my right hon. Friend the Member for Carrick, Cumnock and Doon Valley (Mr. Foulkes) so graphically described as a hokey-kokey, with Members from different parts of the UK having to run into the Chamber, vote on those provisions affecting only their areas, then leave again as the English Members came in for their bits and went out again to be replaced by the Northern Ireland Members. There would be no way to have any serious debate of broad issues of principle.

At what stages in the process would the voting ban on Scottish Members, and perhaps in due course Northern Irish and Welsh Members, apply? Would it just be on Report, when we deal with specific amendments and clauses? Or would it apply to Standing Committees as well? Would it apply to Second and Third Readings, when we are voting on proposals as a whole? Would it apply just to those measures that are exclusively English, of which there are hardly any? Or would it apply to those measures where the bulk of a Bill perhaps applies to England only, but where there are certain important Scottish, Welsh and Northern Irish consequences as well? How would that new system work?

Would we have two-, three-, or four-stemmed Second Reading debates, in which we voted for the Scottish bits, the Northern Irish bits, the Welsh bits and the English or UK bits? What should we do if a measure received Second Reading approval for the English bits, but not the Scottish or Welsh bits? How should we resolve the differences? Clearly, it is a recipe for constitutional chaos and could not be managed meaningfully within this Chamber.

The only arrangement that would be even more unworkable is that which I understand is favoured by the Scottish National party. The present proposal at least has some clarity, in that measures that were applicable only to England would not be ones on which Scottish Members could vote. The Scottish National party would replace that with a pick-and-mix system under which a Scottish Member could choose the issues on which he or she wanted to vote. The reality is that there is hardly any issue that one could not, if one wished, suggest had some implications for Scottish, Welsh or Northern Irish constituencies.

Mr. Savidge:
The Mersey tunnel.

Mr. Lazarowicz:
In that case it might be hard to see a Scottish connection. However, for example, the London Underground might be thought of as a matter for debate simply by London Members, but London is the capital of the UK, and what happens to transport in my constituents' capital city is of interest to them. Hardly any measure could be seen to have no implications for Scotland.

Mr. Gray:
What possible relevance does fox hunting in England have to people in Edinburgh, North and Leith?

Mr. Foulkes:
The foxes go over the border.

Mr. Lazarowicz:
I am happy to accept that there is a theoretical anomaly in the position that the hon. Gentleman describes, but the question is this: what is the price of trying to work out a system to resolve that anomaly? The result of the solution to the dilemma that the hon. Gentleman highlights would be to undermine the entire way in which the Executive relates to the legislature in this Chamber. As a consequence of the Conservatives' proposals, there would be occasions when the Executive chosen by the majority in the House could not command a majority for its legislation. In the long run, we would end up in a situation in which we had the official Government, the Executive, and on some measures a shadow Cabinet, the shadow Government, acting as if it were a semi-detached Government with some status in this Chamber. Obviously, that would be unsustainable.

In the long run, the only outcome would be that there would be pressure to set up an English Parliament with powers relating to many matters that are relevant to England only. Like many of my hon. Friends, I do not necessarily oppose that proposition, but I suspect that many hon. Members from English constituencies would much prefer to have a federal system within England instead of an English Parliament that would inevitably be much more dominated by the south-east and London. We could discuss that subject in due course, but it seems to me that if we were to set up an English Parliament, that should be done by choice and as a result of debate on that issue, as opposed to being brought in through the back door by a constitutional mechanism that would bring chaos to the workings of the House if it were ever put into effect.

We should ask ourselves, why are we being invited to go down that road today? Is there really great public or parliamentary demand for such a change? I am not aware of any public tumult in England demanding such a change, although there may well be if the Tories keep trying to whip up anti-Scottish feelings, as some of them want to do.

Mr. Peter Duncan rose—

Mr. Lazarowicz:
I will give way in a second.

If there had been a great deal of concern within Parliament, we might have seen slightly more Conservative MPs from England in the Chamber today. There certainly does not seem to be any major concern about the issue on their side, even though it is their debate.

Mr. Duncan:
The hon. Gentleman asks how widespread this concern is. He knows that there is majority support for our proposals among the wider electorate in Scotland. They know that devolution, to be stable, needs to work properly, and to work properly needs to be stable. Why is he refusing to accept that?

Mr. Lazarowicz:
All I can tell the hon. Gentleman is that I have not had a vast influx of constituents demanding such a change. In fact, not one has expressed that view, and I should be interested to know how many hon. Members have been contacted by anyone demanding such a change.

As hon. Members on both sides of the House well know, the Conservatives are suggesting this measure today purely because it is seen as a good piece of political opportunism to take advantage of one or two slight difficulties with the majority on the Government side.

[Interruption.]

Everyone knows that. It is for Oppositions to cause embarrassment to Governments from time to time and to take advantage of the opportunities that arise, but the Conservatives really should consider the forces that they are in danger of unleashing in political debate in this country. It is fair for them to ask the questions that they are asking today, and it would be fair to develop a debate on them over a period, but to put it bluntly, the way in which these issues are being raised today and have been raised previously, even though they have been raised by a Member from a Scottish constituency, is designed to start whipping up anti-Scottish feeling and resentment among the electorate in England. That is what it is about.

I have always been one of those who thought that separation of Scotland from England would only be likely to come about not because a majority in Scotland wanted it, but if politicians in England started playing an anti-Scottish card for short-term popularity. That is what the Conservatives are in danger of doing by pursuing the line they are taking today, and which they took in a recent Westminster Hall debate.

It is precisely because I want the Union between Scotland and England to survive and prosper, strengthened by devolution, that I hope that the House will reject the Conservative motion today. I urge all those in the House, on whichever side of it they sit, who do not want to see separation between England and Scotland, who do not want to see border guards at Berwick and customs examinations at Carlisle— [Interruption.] I do not expect support from Scottish National party Members today. I urge all those who do not want to see that separation, including those Conservative Members who realise the danger of the road on which they are treading—there must surely be some—to support the Government amendment tonight.
 
   
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  21st January 2004, Column 1426-30