http://blogs.birminghampost.net/business/

2010: better watch out, there may be a constitutional crisis about

By Stuart Pemble on Feb 26, 10 05:38 PM in Law

Over the past 12 months or so, amid all of the economic doom and gloom, I have tried to be relatively cheery and upbeat when it comes to sticking my head above the blogosphere parapet. However, on this occasion, I appear to have joined the ranks of the glass-half-empty brigade.

To make matters worse, I've a more-than-sneaking suspicion that a number of you may not have heard of the cause of my despond. So, what's got me down in the dumps? A political conundrum that's remained lurking in the darkest recesses of our political system since 1977: the West Lothian Question. It takes its name from the then political constituency of the MP who first raised it - Labour stalwart, Tam Dalyell - and it relates to the effect of devolution on those bits of the UK without devolved parliaments.

It resonates most strongly when we consider the political relationship between England and Scotland. Given my born-in-England-raised-in-Scotland-work-in-England-but-think-I'm-Scottish-really background, this is something in which I take a keen interest and (I hope) explains why I'm getting depressed about this when much of the rest of the population appears to be more concerned about the love lives of (current and former) members of the Chelsea football team.

It's best explained by an example, so here goes. Let's assume that Labour win the forthcoming election with a majority of 10 seats (and an outright Conservative victory at the polls would require the biggest swing in post-war electoral history, so this assumption must be within the range of possible outcomes). A narrow victory, but enough to govern.

However, 15 of those seats are held by Labour MPs for Scottish constituencies including, the recently disclosed 'forces of hell' notwithstanding, the current Prime Minister and Chancellor of the Exchequer. Those Scottish Westminster MPs have no influence over their constituents' lives in all of the areas where power has been devolved to Holyrood - health and education being two of the most politically sensitive and important.

So: what happens when the government wants to pass legislation involving health and education for the rest of the UK? With the Scottish MPs removed from the equation, the government would not have a majority.

And this is the heart of the problem posed by the West Lothian Question. Why should MPs who don't have any say over health and education so far as their own constituents are concerned vote on the same issues when they effect the lives of other UK citizens (a large number of whom will not have voted for the government of the day)? Irrespective of your views on the merits or otherwise of devolved government, I hope you agree that there is an element of unfairness in this.

To make matters worse, there is little by way of definitive answer to the conundrum, although I assume that this is partly due to the fact that the situation has never arisen in practice. From the perspective of a constitutional lawyer, the answer might lie with the fact that Westminster has retained a right to veto any legislation passed in Holyrood, although I'm not sure that's an adequate answer.  A right to veto legislation isn't the same as a right to pass it, and I'm pretty confident that the exercise of the right of veto by Westminster would create an entirely different political dilemma north of Hadrian's Wall if it was ever exercised.

The perfect answer to the question is for there to be equal devolution throughout the UK. But this doesn't reflect current political reality: the Welsh Parliament doesn't have any significant powers, the assembly at Stormont is a separate political conundrum all of its own and the move towards greater English devolution died a very quick death following the unsuccessful referendum campaign for an assembly in the North East back in 2004.

All of that having been said, perhaps the demand for equal devolution throughout the rest of the UK will change if Welsh, Northern Irish and (particularly) English voters suddenly feel disenfranchised once the dust has settled in May.

As for me, I'm hoping that an upturn in recent fortunes for both Dundee United and the Scottish rugby team over the weekend will put me in better cheer, but, if I'm honest, I'm not that optimistic.

8 Comments

Toque said:

By "equal devolution throughout the UK" I presume you mean that each nation of the UK ought to have its own national parliament and government. I agree.

English Republic said:

Yes but Toque, we are told that an English parliament will de-stabilise the union, that there is no such nation as England and that an imperfect union is better than...... You know the rest I'm sure. That is why I came to the conclusion years ago that independence for England is the only answer.

Wyrdtimes said:

The West Lothian Question couldn't be easier to answer. England needs it's parliament back. There problem sorted.

Of course that would leave nearly 700 British MPs with virtually nothing to do as 90% of legislation is devolved. The best answer to that is to slash the number of UK MPs. A figure of around 90% should do the trick.

An English parliament could be a third of the size of the UK parliament and it would still give the English better representation. An English parliament would be better for everyone in England and would save a fortune by cutting the number of UK MPs - win, win.

Stuart Pemble Author Profile Pagesaid:

thanks to everyone for their comments. Isn't the problem that there isn't the political will in England for any devolved parliament or in Wales for a parliament with any power? Also, in order to ensure that the devolved parliaments represent communities of similar sizes to those of Wales, Scotland and Northern Ireland, the idea was for regional assemblies in England (rejected in the North-East) and not a national English parliament.

And is there any real support for splitting up the UK or for English independence? Of course, devolution is an idea that notionally helps to preserve the Union, not break it up.

Ian Campbell said:

I am puzzled by the scenario you use to illustrate the West Lothian Question, Stuart. You seem to envisage a Labour Govt with 15 Scottish seats. Labour already holds 40 of the 59 Scottish seats and in your scenario the SNP would probably have to gain 20 seats which would mean, hey presto, Scotland could seek independence.
You also write as if the WLQ has never been tested in practice. It has. You must surely be aware that the Govt imposed top-up tuition fees, foundation hospitals, 42-day detention, changes in planning laws, the 3rd runway at Heathrow against English majorities by calling on its Scottish MPs 'not to destabilise the Govt'. (Remember that it also has 29 out of 40 seats in Wales as well.)
It is not so much to be feared therefore that an incoming Govt would be unable to carry its health and education policies for what you unhelpfully call 'the rest of the UK (that is, England) - this is something to be welcomed. It has no business forcing policies on England that are opposed by majority of English MPs.
The other problem I have with your otherwise reasonable analysis is the one that Toque put his finger on. You seem to overlook that England is a nation. The English do not wish to see their country divided up into equal sized regions and at the same time denied any national political means of expression. That would reduce England to the position of Poland in the 18th century - partitioned. Hence the massive 78% vote against the NE elected assembly in 2004. In the most recent official survey, however, over 60% wish to exclude Scots and Welsh MPs from voting at Westminster on English-only matters. This reform is necessary and long overdue.

Stuart Pemble Author Profile Pagesaid:

Thanks Ian. To answer your points:

(i) The example was just that - an example to illustrate the point. I wasn't intending it to be an accurate prediction of the next election result.

(ii) I had thought that Labour had an overall majority in England as well - apologies if I've got that wrong.

(iii) I haven't ignored England as a nation. I'm just not aware that there's a mainstream political movement in favour of breaking up the Union. The issue is clearly something you and the other commentators feel passionate about and in my blog I did point out that maybe English political will on this issue will change.

(iv) Why doesn't the WLQ apply to, for example, Wales as well? The Welsh don't have a devolved parliament with any real power and it is possible for Scottish MPs to cast votes that effect Welsh voters just as easily as they can English ones.

Thanks again for your comments.

Toque said:

Stuart,

You're correct to say that there is there isn't the political will in England for any devolved parliament but that's not the same as saying that there is no demand for an English parliament.

It is politically inconvenient for the main three parties to discuss the English Question because it raises awkward questions. About Britain, not England. What is left that is British if England and Wales are given the same political autonomy as Scotland?

Increasingly the BBC are differentiating between England and Britain and now actually pick politicians up for talking about “British hospitals” or “teaching British history in British schools” when they are discussing English Health policy or changes to the English national curriculum.

Articles such as this one are still rare but it is now commonplace for the BBC to state the territorial extent of the political stories it covers. The next step is to force politicians into saying England, instead of referring to ‘Britain’ or ‘this country’ or ‘our country’ when discussing something that has nothing to do with Scotland, Wales or Northern Ireland. Last week the Tories actually put out a story that stipulated that they were discussing England, which was something of a first.

It’s awkward for them to have to do this because they like to pretend that devolution hasn’t happened, unless, of course, they are talking to Scottish or Welsh audiences.

England is gradually waking up to the fact that Britain is no longer the unitary state that the English, for the large part, believed it to be prior to 1997. The main three political parties will continue to emphasise "Britishness" and ignore English national identity, but the numbers who call themselves English before British will continue to rise despite their efforts. In the Moreno test on national identity those opting for only or mainly English have risen markedly from 24% in 1997 to 31% in 1999 and 33% in 2007 whilst those opting only or mainly British only have risen slightly from 23% in 1997 to 25% in 1999 and 26% in 2007.

The big question for the future of the Union is, what if the English decide that English identity and British identity are not synoymous; will they then decide that English and British government need to be separated out?

Stuart Pemble Author Profile Pagesaid:

Thanks Toque. This is clearly something about which you feel strongly. If none of the three main parties are going to take the lead on this; where will the movement for change come from?

Business authors

David Bailey

David Bailey - Prof David Bailey, Coventry University Business School
My postings | David Bailey's RSS feed My feed

Stuart Pemble

Stuart Pemble - Construction Lawyer, Mills & Reeve
My postings | Stuart Pemble's RSS feed My feed

John Clancy

John Clancy - Birmingham City Councillor and director of mediafuturesalert.com and justliteracy.com
My postings | John Clancy's RSS feed My feed

John Samuels

John Samuels - Professor of Business Finance, Birmingham Business School
My postings | John Samuels's RSS feed My feed

Chris Tomlinson

Chris Tomlinson - Chris Tomlinson is the founder of social media and online PR agency Friend (frienddigital.com)
My postings | Chris Tomlinson's RSS feed My feed

Andrew Whitehead

Andrew Whitehead - Senior partner at law firm SGH Martineau, leading the firm's Energy & Climate Change practice.
My postings | Andrew Whitehead's RSS feed My feed

Keith Gabriel

Keith Gabriel - A Birmingham-based PR Account Manager
My postings | Keith Gabriel's RSS feed My feed

Beverley Nielsen

Beverley Nielsen - Lecturer, Design Management, at the Birmingham Institute of Art & Design, BCU
My postings  | Beverley Nielsen'a RSS feed My feed

Mike Loftus

Mike Loftus - Director of News from the Future Ltd. Writing on the trials of setting up your own business
My postings | Mike Loftus's RSS feed My feed

Richard Halstead

Richard Halstead - Midlands region director for EEF, the manufacturers organisation.
My postings | Richard Halstead's RSS feed My feed

Karl Edge

Karl Edge - partner at KPMG in Birmingham, specialising in automotive, manufacturing and house building sectors.
My postings | Karl Edge's RSS feed My feed

Peter Owen

Peter Owen - Managing director for construction firm Willmott Dixon Midlands.
My postings | Peter Owen's RSS feed My feed

Doug Mahoney

Doug Mahoney - International Trade Director at UK Trade & Investment in the West Midlands.
My postings | Doug Mahoney's RSS feed My feed

Dr Steven McCabe

Dr Steven McCabe - director of research degrees for Birmingham City Business School.
My postings | Dr Steven McCabe's RSS feed My feed

Francis Greene

Francis Greene - Professor of Small Business and Entrepreneurship, at the University of Birmingham.
My postings

Alan Gilmour

Alan Gilmour - Director at Cogent Elliott, experienced in marketing, brand development and customer relationship management.
My postings

Latest Birmingham Post Lifestyle blog

Lifestyle Blog

Birmingham Post staff and guest bloggers from the midlands give you the lowdown on what's happening in your region and some musings on culture in the UK and beyond.

Latest Birmingham Post Science blog

Latest Birmingham Post Sport blog

News Blog

Birmingham Post staff and guest bloggers from Birmingham and the midlands inform and entertain on all sporting matters.

Keep up to date

Sponsored Links