March 09, 2005

West Lothian what?

Via Laban Tall we have this posting over at Third Avenue on the West Lothian question and how it is still possible for English MPs to legislate on Scottish issues:

There is a convention [my emphasis] that the UK Parliament does not legislate on Scottish affairs, but there is no rule, no legal bar to prevent Westminster from doing whatever it likes in Scotland.
The UK parliament has the ability to legislate UK wide. In practice it leaves much up to the various parliaments and assemblies that represent their own countries and which legislate for the benefit of the people of those countries. There would be no point in devolution if it did not. Yet issues that have been devolved down to parliaments that represent their own countries are left open to all when relating only to England. Foundation hospitals and tuition fees for instance.

Third Avenue is particularly unhappy about the Tory plans to prevent Scottish MPs from voting on English issues:

What Howard proposes, by contrast, makes the establishment of the Scottish Parliament appear completely trivial. He wishes specifically to deprive UK MPs of the right to vote on bills that the UK parliament is discussing.
I'm not happy about the Tory plans either. Anything less than equality with Scotland will get no quarter here and that means a parliament for the English.

In the meantime we can wonder why no convention exists in the UK parliament that favours English MPs when the vote is on English only matters. Would this framing be more palatable if it were the Tory plan?

Posted by John at March 9, 2005 12:41 PM | TrackBack