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Legislation (Territorial Extent) Bill

That approach is one of those things that looks fair at first sight, but the more one looks at it, the more problems with it one perceives. For example, what if the Government of the day could not carry the Budget? The Finance Bill is something that the Government have to be able to carry, but if the make-up or majority in the English Parliament was different from that in the overall, national Parliament, how would we solve such conundrums? That is why I have not taken that approach in my Bill. The recommendation that I thought made the most sense was the one in the democracy taskforce publication, which proposed a lower-strength version of English votes for English laws. This proposal was that Bills be certified by the Speaker as English. They would pass through normal Commons processes as far as and including Second Reading, on which the whole House would vote. The Committee stage would be undertaken by English MPs in proportion to English party strengths. Report stage would be similarly voted on by English Members only, and Third Reading, when no amendments are possible, would again be voted on by the whole House. However, there are also problems with that approach, but it is those problems that my Bill seeks to solve. The problem was best expressed by lain MacLean of Nuffield college in his 2005 paper, in which he said:"““It will be hard for the Speaker to define what is an English bill, at least to do so without controversy—the Speaker could be politicised””." I would not want to put you in such an awkward position, Mr Speaker. Therefore, by requiring the Secretary of State to specify in draft legislation the territorial extent of a Bill, my expectation is that it would be much clearer in the drafting of Bills to which parts of the UK they applied. Indeed, the Clerk advises me that the Health and Social Care Bill, which was mentioned earlier and which, really, applies only to England, would be hard to certify as being an England-only Bill, because of the way in which it is drafted. What I hope my Bill would achieve, once it received Royal Assent, is gently to guide those drafting Her Majesty's legislation to be clear enough in that drafting so that you, Mr Speaker, would have no problem certifying Bills. Indeed, you already have the power, under Standing Order No. 97, to certify Bills as having regard to Scotland only. In the past, before devolution, that Standing Order was used quite often, which shows that there is a precedent for such certification and that it would not be beyond the wit of those much wiser than me to come up with some improvements on that Standing Order.