Gavin Howe
The question of whether Scottish MPs should be allowed to vote on English laws has been a topic of debate in the United Kingdom for several years. This issue, often referred to as the West Lothian question, highlights the perceived inequity of MPs from Scotland, Wales, and Northern Ireland being able to vote on matters that affect only England, while MPs from England cannot vote on matters that have been devolved to the Scottish Parliament. The establishment of the Scottish Parliament in 1999 and the subsequent devolution of certain powers have further fueled this discussion, with some arguing that Scottish MPs should not have a say in English laws that do not apply to Scotland. This has led to proposals for changes in procedures, such as the now-abolished English votes for English laws (EVEL) system, which aimed to address the concerns raised by the West Lothian question.
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What You'll Learn
Scottish MPs voting on English laws that do not apply to Scotland
The ability of Scottish MPs to vote on English laws that do not apply to Scotland has been a long-standing point of contention in the UK Parliament. This paradox is often referred to as the "West Lothian question", coined by Enoch Powell MP in 1977. The question revolves around the perceived inequity of Scottish MPs being able to vote on matters that affect only England, while English MPs are unable to vote on matters that have been devolved to the Scottish Parliament.
The creation of a devolved Scottish Parliament in 1999, through the Scotland Act 1998, further highlighted this anomaly. While Scottish MPs could directly vote on issues affecting English constituencies, they had limited power over laws affecting their own constituencies. This is because, under devolution, the Scottish Parliament gained the authority to make decisions on specific issues without seeking approval from the UK Parliament. However, the UK Parliament in Westminster retains the power to make laws on any matter, including those devolved to Scotland.
The concept of "English votes for English laws" (EVEL) was introduced as a set of procedures to address this issue. Between 2015 and 2021, these procedures required legislation affecting only England to be supported by a majority of MPs from English constituencies. While EVEL provided a mechanism for ensuring that English laws were decided by English MPs, it also raised concerns about the potential impact on the Union. Critics argued that a mechanical approach to English votes for English laws could threaten the unity of the United Kingdom.
The complex dynamics between Scottish and English law further complicate this issue. Due to the separation of Scots law, many Acts of the UK Parliament do not apply to Scotland, and Scotland may have separate equivalent Acts or legislation set by the Scottish Parliament. This separation of legal systems has led to debates about the sovereignty of Parliament, with Scottish judge Thomas Cooper stating that "the principle of unlimited sovereignty of Parliament is a distinctively English principle and has no counterpart in Scottish constitutional law."
Ultimately, the involvement of Scottish MPs in voting on English laws that do not apply to Scotland remains a sensitive topic. While some argue for a more federal structure with distinct law-making and tax-raising powers for England, Scotland, Wales, and Northern Ireland, others emphasize the importance of maintaining the Union and the role of Westminster as the sovereign body.
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English MPs unable to vote on Scottish devolved matters
The West Lothian question, also known as the English question, is a political issue in the United Kingdom. It concerns the question of whether members of Parliament (MPs) from Northern Ireland, Scotland, and Wales who sit in the House of Commons should be able to vote on matters that affect only England. This came into being in 1999, with Scottish, Welsh, and Northern Irish members at Westminster allowed to vote on English matters, but MPs for English constituencies had no influence on devolved Scottish matters.
The Scotland Act 1998, which created the Scottish Parliament, does not confer sovereign status on the Scottish Parliament. It also does not change the status of the Westminster Parliament as the supreme legislature of Scotland, with Westminster retaining the ability to override or veto any decisions taken by the Scottish Parliament. The ability of all Westminster MPs to vote on Scottish legislation has not been legally diminished by devolution, as made clear by Section 28(7) of the Scotland Act 1998, which states that the legislative powers of the Scottish Parliament do "not affect the power of the Parliament of the United Kingdom to make laws for Scotland".
During devolution, a convention was created to manage the power of Westminster to legislate on matters within the legislative competence of the Scottish Parliament. This is known as the Sewel Convention, and the related Scottish parliamentary motions are now known as legislative consent motions. These motions (of which there are around a dozen per year) allow MPs to vote on issues that are within the Scottish Parliament's legislative competence. The Sewel Convention states that the Westminster Parliament will not normally legislate on devolved matters in Scotland without first obtaining the consent of the Scottish Parliament.
In 2011, the UK Government set up the Commission on the consequences of devolution for the House of Commons, chaired by Sir William McKay, former Clerk of the House of Commons, to examine the West Lothian question. The commission published a report in 2013 which proposed various procedural changes, including the recommendation that legislation that affects only England should require the support of a majority of MPs representing English constituencies. The report was given "serious consideration" by the government.
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The UK Parliament's sovereignty
The creation of the Scottish Parliament in 1998 through the process of devolution has had implications for the UK Parliament's sovereignty. Devolution allows for certain decisions to be made at a more local level by the Scottish Parliament. The Scottish Parliament has the power to make laws on a range of issues that have been devolved to Scotland, such as education, healthcare, and transport. However, the UK Parliament remains sovereign over the whole of the UK, including Scotland. The Scotland Act 1998, which established the Scottish Parliament, does not confer sovereign status upon it. Instead, it states that the Scottish Parliament's legislative powers do "not affect the power of the Parliament of the United Kingdom to make laws for Scotland".
Despite the devolution of certain powers to the Scottish Parliament and the ongoing debates about the West Lothian question, the UK Parliament remains sovereign over the entire UK, including Scotland. The UK Parliament can still make laws for Scotland and can override or veto any decisions made by the Scottish Parliament. The UK Parliament's sovereignty is a key feature of the UK's political system and allows for a consistent approach to certain issues across the whole country.
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The Scottish Parliament's ability to make laws
While the Scottish Parliament has the power to make laws on a wide range of issues, there are also reserved matters that remain the responsibility of the UK Parliament in Westminster. These reserved issues include defence, national security, foreign policy, and monetary and economic policy. The UK Parliament retains the power to make laws on any matter, including those that have been devolved to the Scottish Parliament. However, it is important to note that the UK Parliament typically seeks the consent of the Scottish Parliament before legislating on devolved matters through a process called legislative consent motions (LCMs).
The law-making process in the Scottish Parliament involves a three-stage process for passing bills. In Stage 1, parliamentary committees consider the general principles and overall purpose of the bill and seek input from the public and relevant experts. In Stage 2, a parliamentary committee considers the bill in detail and decides on any proposed changes or amendments. Stage 3 involves final consideration of the bill, where the Parliament debates and votes on whether to pass or reject it. If a bill is passed, there is a four-week period during which it can be challenged if it is believed to be outside the law-making powers of the Scottish Parliament. Once a bill receives royal assent, it becomes an Act of the Scottish Parliament and takes effect.
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The West Lothian question
In 2011, the UK Government set up the Commission on the consequences of devolution for the House of Commons, chaired by Sir William McKay, to examine the West Lothian question. The commission published a report in 2013 that proposed various procedural changes but did not recommend abolishing devolution or maintaining the status quo. English Votes for English Laws (EVEL) was an attempt between 2015 and 2021 to solve the long-established West Lothian question, but it ultimately failed due to its convoluted nature and the difficulty of establishing when a bill was 'English-only'.
Some have proposed that all the powers currently devolved to the Scottish Parliament should also be devolved to the English counties and cities. This would mean that the situation of Scottish MPs voting on policies that only affect England would no longer arise, as parliament would no longer be responsible for areas of policy affecting only England. However, this proposal could be problematic as it would make some MPs second-class, undermining the principle of collective responsibility and the universal franchise that everyone's vote is equal.
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Frequently asked questions
Yes, Scottish MPs can vote on matters that affect England, even if those matters have been devolved to the English Parliament and do not affect Scotland. This is known as the West Lothian question.
The UK Parliament in Westminster makes decisions for the whole of the United Kingdom on certain issues. While Scotland has undergone devolution, it is still part of the United Kingdom.
English MPs cannot vote on matters that have been devolved to the Scottish Parliament. However, any Act of the Scottish Parliament may be overturned, amended, or ignored by Westminster under section 35 of the Scotland Act 1998.
