Commission on the consequences of devolution for the House of Commons

Last updated

The Commission on the consequences of devolution for the House of Commons, also known as the McKay Commission, was an independent commission established in the United Kingdom to consider issues arising from devolution in the United Kingdom and their effect on the workings of the House of Commons. In the statement made by the government when setting up the commission, it referred to the West Lothian question, a term coined in 1977 to refer to anomalies existing in the pre-devolution government of the UK. [1]

Contents

The commission, chaired by Sir William McKay, considered changes to the procedures of the House of Commons in relation to legislation that only affects part of the UK. It started its work in February 2012 and reported in March 2013. It recommended that future legislation affecting England but not other parts of the UK should require the support of a majority of MPs sitting for English constituencies. [2]

Background

The term "West Lothian question" refers to issues concerning the former ability of members of parliament from constituencies in Northern Ireland, Scotland and Wales to vote on matters that affect only people living in England and therefore have no direct consequence on their constituents, whilst being unable to influence matters that affect their own constituencies. Anomalies of this kind are considered to have been made more apparent by the devolution of power from Westminster to the National Assembly for Wales, the Northern Ireland Assembly and the Scottish Parliament.

The Conservative Party manifesto for the 2010 general election included a commitment to introduce the idea of "English votes on English laws" and the party had previously explored this issue through a taskforce led by Kenneth Clarke. [3] Scottish Conservative Sir Malcolm Rifkind has also written about the issue, proposing an English grand committee as a possible solution. [4] The Liberal Democrat manifesto included a commitment to address the status of England as part of wider UK constitutional reforms. The 2010 coalition agreement between the parties included a commitment to establish a commission to examine the West Lothian question. [5]

Plans for a commission were announced in September 2011 and its membership was disclosed in January 2012.

Membership

The commission was set up with six members, described "independent, non-partisan" experts. The members were: [6]

Terms of reference

The terms of reference for the commission were:

To consider how the House of Commons might deal with legislation which affects only part of the United Kingdom, following the devolution of certain legislative powers to the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales.

Publication of report

The report of the commission was published on 25 March 2013. [2] Its main conclusions are: [8]

Sir William McKay said: [8]

Our proposals retain the right of a UK-wide majority to make the final decisions where they believe UK interests or those of a part of the UK other than England should prevail. We expect that governments will prefer compromise to conflict.

See also

Related Research Articles

<span class="mw-page-title-main">Politics of the United Kingdom</span> Political system of the United Kingdom of Great Britain and Northern Ireland

The politics of the United Kingdom functions within a constitutional monarchy where executive power is delegated by legislation and social conventions to a unitary parliamentary democracy. From this a hereditary monarch, currently Charles III, serves as head of state while the Prime Minister of the United Kingdom, currently Rishi Sunak since 2022, serves as the elected head of government.

<span class="mw-page-title-main">Scottish Parliament</span> Devolved parliament of Scotland

The Scottish Parliament is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood. The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the regionalised form of additional member system (MMP): 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total. The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality.

<span class="mw-page-title-main">West Lothian question</span> UK constitutional anomaly

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, while neither they nor MPs from England are able to vote on matters that have been devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd. The term West Lothian question was coined by Enoch Powell MP in 1977 after Tam Dalyell, the Labour MP for the Scottish constituency of West Lothian, raised the matter repeatedly in House of Commons debates on devolution.

<span class="mw-page-title-main">Governance of England</span>

There has not been a government of England since 1707 when the Kingdom of England ceased to exist as a sovereign state, as it merged with the Kingdom of Scotland to form the Kingdom of Great Britain. The Kingdom of Great Britain continued from 1707 until 1801 when it merged with the Kingdom of Ireland to form the United Kingdom of Great Britain and Ireland, which itself became the United Kingdom of Great Britain and Northern Ireland (UK) in 1922 upon independence for most of the island of Ireland. The UK since then has gone through significant change to its system of government, with devolved parliaments, assemblies and governments in Scotland, Wales and Northern Ireland. England, however, remains under the full jurisdiction, on all matters, of the Parliament of the United Kingdom of Great Britain and Northern Ireland and the UK government as no devolved administration has been created for England within the new structure. This situation led to the anomaly, known as the West Lothian question, which is that Scottish Members of Parliament (MPs) have been able to vote on legislation that affects only England whereas English MPs have been unable to vote on certain Scottish matters due to devolution. In some cases, such as top-up university tuition fees and foundation hospitals, the votes of Scottish MPs have been crucial in helping pass legislation for England that the majority of English MPs have opposed. An attempt was made to address this anomaly in 2015 through the use of an English votes for English laws procedure which aims to ensure that legislation affecting only England requires a majority vote of MPs representing English constituencies.

<span class="mw-page-title-main">Politics of Scotland</span> Overview of the politics of Scotland

The politics of Scotland operate within the constitution of the United Kingdom, of which Scotland is a country. Scotland is a democracy, being represented in both the Scottish Parliament and the Parliament of the United Kingdom since the Scotland Act 1998. Most executive power is exercised by the Scottish Government, led by the First Minister of Scotland, the head of government in a multi-party system. The judiciary of Scotland, dealing with Scots law, is independent of the legislature and the Scottish Government. Scots law is primarily determined by the Scottish Parliament. The Scottish Government shares some executive powers with the Government of the United Kingdom's Scotland Office, a British government department led by the Secretary of State for Scotland.

<span class="mw-page-title-main">Politics of England</span> Overview of the political system in England

Politics of England forms the major part of the wider politics of the United Kingdom, with England being more populous than all the other countries of the United Kingdom put together. As England is also by far the largest in terms of area and GDP, its relationship to the UK is somewhat different from that of Scotland, Wales or Northern Ireland. The English capital London is also the capital of the UK, and English is the dominant language of the UK. Dicey and Morris (p26) list the separate states in the British Islands. "England, Scotland, Northern Ireland, the Isle of Man, Jersey, Guernsey, Alderney, and Sark.... is a separate country in the sense of the conflict of laws, though not one of them is a State known to public international law." But this may be varied by statute.

<span class="mw-page-title-main">Referendums in the United Kingdom</span>

Referendums in the United Kingdom are occasionally held at a national, regional or local level. Historically, national referendums are rare due to the long-standing principle of parliamentary sovereignty. There is no constitutional requirement to hold a national referendum for any purpose or on any issue however the UK Parliament is free to legislate through an Act of Parliament for a referendum to be held on any question at any time.

<span class="mw-page-title-main">Unionism in Scotland</span> Overview of unionism in Scotland

Unionism in Scotland is a political movement which favours the continuation of the political union between Scotland and the other countries of the United Kingdom, and hence is opposed to Scottish independence. Scotland is one of four countries of the United Kingdom which has its own devolved government and Scottish Parliament, as well as representation in the UK Parliament. There are many strands of political Unionism in Scotland, some of which have ties to Unionism and Loyalism in Northern Ireland. The two main political parties in the UK — the Conservatives and Labour — both support Scotland remaining part of the UK.

A devolved English parliament is a proposed institution that would give separate decision-making powers to representatives for voters in England, similar to the representation given by the Senedd, the Scottish Parliament and the Northern Ireland Assembly. A devolved English parliament is an issue in the politics of the United Kingdom.

The Barnett formula is a mechanism used by the Treasury in the United Kingdom to automatically adjust the amounts of public expenditure allocated to Northern Ireland, Scotland and Wales to reflect changes in spending levels allocated to public services in England, Scotland and Wales, as appropriate. The formula applies to a large proportion, but not the whole, of the devolved governments' budgets − in 2013–14 it applied to about 85% of the Scottish Parliament's total budget.

<span class="mw-page-title-main">English independence</span> Political movement in the United Kingdom

English independence is a political stance advocating secession of England from the United Kingdom. Support for secession of England has been influenced by the increasing devolution of political powers to Scotland, Wales and Northern Ireland, where independence from the United Kingdom is a prominent subject of political debate.

<span class="mw-page-title-main">English votes for English laws</span> Set of procedures of the House of Commons of the Parliament of the United Kingdom

English votes for English laws (EVEL) was a set of procedures of the House of Commons of the Parliament of the United Kingdom whereby legislation that affected only England required the support of a majority of MPs representing English constituencies. The procedures were in place between 2015 and 2021. They were developed following devolution in the United Kingdom as a result of the West Lothian question, a concern about the perceived inequity of MPs from Northern Ireland, Scotland and Wales, sitting in the House of Commons being able to vote on matters that affected only England, while MPs from England were unable to vote on matters that had been devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd.

<span class="mw-page-title-main">Scottish Conservatives</span> Part of the British Conservative Party

The Scottish Conservative & Unionist Party is part of the UK Conservative Party active in Scotland. It is a centre right party. The party holds 31 of the 129 seats in the Scottish Parliament and 7 out of the 59 Scottish seats in the House of Commons in Westminster It has 209 local councillors of 1,227.

The Royal Commission on the Constitution, also referred to as the Kilbrandon Commission or Kilbrandon Report, was a long-running royal commission set up by Harold Wilson's Labour government to examine the structures of the constitution of the United Kingdom and the British Islands and the government of its constituent countries, and to consider whether any changes should be made to those structures. It was started under Lord Crowther on 15 April 1969, Lord Kilbrandon took over in 1972, and it finally reported on 31 October 1973.

<span class="mw-page-title-main">Legislative grand committees</span>

The legislative grand committees were committees of the Parliament of the United Kingdom, which were established in 2015 and abolished in July 2021.

<span class="mw-page-title-main">2013 Periodic Review of Westminster constituencies</span> Failed review of UK electoral boundaries

The 2013 Periodic Review of Westminster constituencies, also known as the Sixth Review, or just boundary changes, was an ultimately unfruitful cycle of the process by which constituencies of the House of Commons of the United Kingdom are reviewed and redistributed. The four UK boundary commissions carried out their reviews between 2011 and 2013, but their recommendations were not taken up by the government and instead the 2018 Periodic Review of Westminster constituencies was carried out from 2016 to 2018. That review was also not implemented and its results were formally laid aside in 2020.

<span class="mw-page-title-main">Devolution in the United Kingdom</span> Granting governmental powers to parts of the UK

In the United Kingdom, devolution is the Parliament of the United Kingdom's statutory granting of a greater level of self-government to the Scottish Parliament, the Senedd, the Northern Ireland Assembly and the London Assembly and to their associated executive bodies: the Scottish Government, the Welsh Government, the Northern Ireland Executive and in England, the Greater London Authority and combined authorities.

<span class="mw-page-title-main">William McKay (parliamentary official)</span> British government administrator, Clerk of the House of Commons

Sir William Robert McKay, KCB,, is a British administrator. He was Clerk of the House of Commons between 1998 and 2002, and was appointed in 2012 to chair the Commission on the consequences of devolution for the House of Commons, which reported the following year.

<span class="mw-page-title-main">Federalism in the United Kingdom</span> Proposed constitutional reform of a division of powers

Federalism in the United Kingdom aims at constitutional reform to achieve a federal UK or a British federation, where there is a division of legislative powers between two or more levels of government, so that sovereignty is decentralised between a federal government and autonomous governments in a federal system.

References

  1. Mark Harper (12 January 2012). "Commission on the consequences of devolution for the House of Commons" (PDF). parliament.uk.
  2. 1 2 "England-only laws 'need majority from English MPs'". BBC News. 25 March 2013. Retrieved 25 March 2013.
  3. "Tories consider MP voting changes". BBC News. 1 July 2008. Retrieved 1 April 2013.
  4. "Party leader welcomes Rifkind's 'elegant' West Lothian Answer". Herald Scotland. 3 October 2007. Retrieved 25 January 2012.
  5. "Programme For Government" (PDF). Programmeforgovernment.hmg.gov.uk. Archived from the original (PDF) on 19 September 2010. Retrieved 25 January 2012.
  6. "Article". Wired-gov.net. 18 January 2012. Retrieved 25 January 2012.
  7. "Commissioners". The McKay Commission. Retrieved 26 June 2012.
  8. 1 2 The McKay Commission’s Report on the consequences of devolution for the House of Commons published – 25 March 2013. Retrieved 25 March 2013