Skip to main content

Proceeding contribution from Lord Harper (Conservative) in the House of Commons on Friday, 11 February 2011. It occurred during Debate on bill on Legislation (Territorial Extent) Bill.


Legislation (Territorial Extent) Bill

The hon. Gentleman makes a good point about the fact that, even when something is required, it is not always executed brilliantly. Even if the requirements in the Cabinet Office guidance on drafting legislation were put into statute, that would not necessarily mean that they would be better executed than they are currently. In practice, the financial aspects of the Bill would also have little consequence, because the present arrangements already require all new UK-wide legislation to specify the financial impact and to be drafted within a Department's existing funding plans. Therefore, no new Barnett financial consequentials would arise, as a matter of course. Bills that deal with reserved matters have no Barnett consequentials attached and do not have significant impact on different Administrations. In relation to how legislation is drafted, the Bill does not take us much further forward. Effectively, it puts into statutory form what the Government currently intend and do, thus losing a little flexibility. However, my hon. Friend the Member for North East Somerset put his finger on it when he observed that the West Lothian question was complicated. While the Bill may lead us to a potential solution, it may not be the one that the commission comes up with. Finally, let me do what I was invited to do by my hon. Friend the Member for Christchurch (Mr Chope), and remind the House that the Government have made a commitment to set up a commission to examine the West Lothian question. Although the coalition parties approach the issue from different angles, they have made a common commitment to resolve the question. In the Conservative party manifesto, we promised to"““introduce new rules so that legislation referring specifically to England, or to England and Wales, cannot be enacted without the consent of MPs representing constituencies of those countries.””" The Liberal Democrats' manifesto said that they would "““Address the status of England within a federal Britain, through the Constitutional Convention set up to draft a written constitution for the UK as a whole.””" Although the coalition parties came up with very different solutions to the West Lothian question, both parties consider it important to attempt to answer it, and neither party believes that it is possible to answer it by ceasing to ask it. We consider it a serious question that will be best tackled when we can tackle it in a calm and reasonable manner rather than waiting for a crisis. I can confirm that we will set up the commission this year, as, indeed, my hon. Friend the Member for West Worcestershire established through her perceptive questioning. We had hoped to make announcements to the House at an earlier stage, but I look forward to making them in the not-too-distant future, and the commission will then be able to consider the ideas that have been advanced today. Hon. Members have effectively made bids to participate, either as members of the commission or in giving evidence to it. I hope that it will arrive at solutions that we can subsequently debate. I urge my hon. Friend the Member for West Worcestershire to withdraw her Bill, to participate in the commission in whatever way proves appropriate, and to continue to take part in this important debate. The Government are keen to answer the question and deal with this important matter, but I am not sure that my hon. Friend's Bill provides the right way of going about it, and I think it right to test the opinion of the House.


Secondary information

Type
Proceeding contribution
Reference
523 c640-1 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Devolved matters Devolution Legislative process Jurisdiction Legislation England Northern Ireland Northern Ireland Assembly National Assembly for Wales Scotland Wales Scottish Parliament West Lothian question English votes for English laws
Legislation
Legislation (Territorial Extent) Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk