The madness of Ken Clarke
Gareth Young (Lewes, CEP): Ken Clarke's
plans to solve the West Lothian Question, have been greeted with
predictable disdain by most political commentators. Typical was Iain Dale
who declared that
"England
deserved better":
From what I have seen I cannot in any way defend this
so-called solution. It is not even a half way house. Either you believe
that England should have devolved government or you don't. If you do, then
you either believe in English votes on English measures or you believe in
some form of English Parliament.
But Iain Dale is wrong. Not that England deserves better, of course she
does, but because neither Clarke's solution NOR English Votes on English
measures are for people who believe that England should have "devolved
government" (or "English government" if you prefer). Instead both are
crude technical devices that attempt to right the democratic deficit
brought about the very absence of English government. Clarke's
contrivance is contrived to such a ludicrous degree precisely to avoid
even the pretence of an English parliament that EVoEM seems to offer, and the
consequent threat that such a democratic English body would pose to the
Union when Scots object to it on the grounds of their own irrelevance.
Indeed, as Clarke went to pains to point out on the
Today
Programme, his solution "
means that the government retains control
of the agenda; it retains control of the money." Scottish MPs would
vote on the second reading of an English bill - "
which is the vote on
principle on the bill" - thereby ensuring the legitimacy of any
cabinet government that contained Scottish ministers. But as
Malcom
Rifkind points out Clarke's mechanism would not have prevented the
disgraceful actions of Scottish MPs during the
Foundation
Hospital and
Top-up Fee
legislation, even if last week's English
Planning Bill
amendment, scuppered by Brown's non-English MPs, could have been
carried by English rebels.
Under Clarke's scheme the English will be denied the affirmative
expression of national identity afforded to the Scots; instead English MPs
will speak for England only negatively - by wrecking UK Government
legislation through the of tabeling ludicrous amendments, or the deleting of
English clauses at committee stage. But fear not, for as Clarke points
out the UK government retains control, and:
"at the final stage all the UK members would vote so if the
English have transformed it to a way that is unacceptable to the
Government the government could ask its majority to veto and abort the
measure."
Or in other words if the English have transformed the bill to a manner
that is acceptable to the English, the government could abort the
legislation. Malcolm Rifkind does offer a slightly more sensible
alternative to Clarke's madness:
There could be a requirement that at Second Reading and at
Report stage, for a vote to be carried on amendments to an England-only
Bill, the vote, to be declared carried, would need a majority both of the
House as a whole and of MPs representing English
constituencies.
Though one has to ask Rifkind why, if the English can veto the UK
Government, should we bother letting the Scots, Welsh and Northern Irish
vote at all; why not just let the English draft and vote on their own
legislation instead of muddling up UK Government and non-English MPs in
the process? The simple answer to that question is "The Barnett Formula",
a funding mechanism that provides Scottish MPs with the constitutional
right to vote on English legislation by dint of the fact that English
domestic legislation determines the block grant due to Scots as an
inflated percentage of what is available to the English. Naturally Ken
Clarke does not even bother to address the Barnett Formula.
PS: Good article by Paul Kingsnorth on all this
Anthony Barnett said:
Tue, 2008-07-01 23:09Thanks Gareth - in addition isn't it mad in the 'green ink' sense that no one can understand it even after reading about it twice. I mean, it addresses a parliamentary game and Clarke is cynical enough to say, 'this solves the problem if it worries you "sigh" but don't worry it does not really change anything'. To put it another way, his body language goes along with that first New Labour Lord Chancellor, Derry Irvine, who said the answer to the West Lothian question is not to ask it. Clarke doesn't think it is an important question. And I agree in one sense, that it has moved on from the Commons to the people. What the English want if they think about it today is voice - now that Scotland clearly has its voice. 'Who speaks for England?' is the question.