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Speaker grants urgent debate over English votes plan English votes plan 'act of vandalism' warns Miliband
(about 17 hours later)
Commons Speaker John Bercow has granted an urgent three hour debate on Tuesday on the government's plans to introduce "English votes for English laws". Plans for "English votes for English laws" are an "act of constitutional vandalism", Ed Miliband has warned.
Lib Dem MP Alistair Carmichael applied for the session claiming the government had abused parliamentary process by planning to limit the voting powers of Scottish MPs by changing Commons rules. Speaking in the Commons, the ex-Labour leader said Conservative plans to limit the voting powers of Scottish MPs on Commons laws would "rip up" hundreds of years of parliamentary procedure.
He said ministers were effectively creating an English parliament. The SNP said the Conservatives wanted to create a "quasi-English Parliament".
The SNP, Labour and other opposition parties backed his request. But ministers said it was vital England was treated fairly as further powers were devolved to other parts of the UK.
There is due to be another debate and vote on the government's plans - which would amend the legislative process so bills primarily affecting England would require the explicit consent of MPs representing English constituencies - next week. The government believes bills applying exclusively to England should not become law without the explicit consent of MPs from English constituencies and it wants to change Commons rules known as standing orders to give them a "decisive say" during their passage.
However, the former Scottish secretary said the plans to change standing orders in the Commons, through which parliamentary business is organised - were a "constitutional outrage" and required more detailed consideration. Ministers say this will address the longstanding anomaly by which Scottish MPs can vote on issues such as health and education affecting England but English MPs have no say on similar matters relating to Scotland, where such policies are devolved.
If MPs representing constituencies outside England were barred from taking part in certain votes, he said, it would breach the longstanding principle that "no matter where we have come from... we are all equal". 'English veto'
In an unusual parliamentary procedure, Mr Carmichael sought leave to request a substantive debate on the issue and was granted it following a show of support in the Commons. However, the plans came under sustained attack from Labour, SNP and Lib Dems in an urgent debate, secured by former Scottish Secretary Alistair Carmichael.
List of bills MPs are due to debate and vote on the government's plans next week but Mr Carmichael, the SNP for Orkney and Shetland, said the plans required more detailed consideration, arguably through primary legislation.
A point of order on "English votes for English laws" was also raised in the Commons on Monday by SNP MP Kirsty Blackman. If MPs representing constituencies in England had a "veto" on certain legislation, it would breach the longstanding principle that MPs, no matter who they represented, were "all equal".
She told the speaker she had asked in a parliamentary question which government bills introduced in the course of the last parliament had been English, or English and Welsh, only. "To go as far as the government wants to go in the timescale they want to go brings with it an attendant level of risk that I would consider to be irresponsible," he said.
Answering, Commons leader Chris Grayling said the only English-only measure had been the Education Bill, and he listed 13 Bills which had been English and Welsh only - including a Scotland Bill "They are not entitled to use the UK Parliament as a proxy for an English Parliament."
She said: "Today, I have received a response. In the list for England and Wales only, is included the Scotland Bill." Manifesto pledge
After the comment sparked loud laughter, Ms Blackman added: "That was much the response I had. I would appreciate if this could be looked into." Assurances that the new system would be reviewed by MPs after a year were inadequate, he added, saying this would not be capable of "putting a dangerous genie back in the bottle after it had been let out - we all know that is the political reality".
Mr Bercow urged the Aberdeen North MP to raise the matter at during Wednesday's debate. But Commons Leader Chris Grayling said it was "simply incorrect" to claim some MPs would be prevented from debating and voting on certain legislation and would continue to exercise the same rights as they do now.
The government argues that changes are needed to end the longstanding anomaly by which Scottish MPs can vote on issues such as health and education affecting England but English MPs have no say on similar matters relating to Scotland, where policy is devolved. Pressed by Mr Miliband on "what the meaning and definition" of English-only legislation would be, Mr Grayling said it would be up to the Speaker to decide but he believed a "simple test" would be what things were devolved to Scotland.
Requiring bills to have the support of a "double majority" of the whole of the Commons and those MPs representing England would also help mitigate "any resentment" felt by English voters about the slower pace of devolution to England.
"It is of vital importance that English citizens of the UK, as we move to an extra layer of devolution to Scotland and Wales and devolve additional tax powers to Northern Ireland, that they think it is fair," he said.
"It is what we pledged to do in our manifesto. We set it out in detail, step by step by step. We are implementing these changes and keeping our promises. I think the people who elected us would expect nothing else."
'Scottish tattoos'
Mr Miliband said the Conservatives had the power to address the issue after winning the election but urged them to think again.
"Is this true to the traditions of Conservatism? No because the last thing you do is rip up hundreds of years of constitutional practice in a standing order vote just before the House goes into recess," he said.
"Doing this procedure in the way it is being proposed is an act of constitutional vandalism. It really is."
The SNP said Scottish voters would be affected by legislation on schools and NHS budgets in England through the Barnett Formula used to allocate public spending to different nations of the UK.
"This not just English votes for English laws, this is English votes for Scottish laws," said Pete Wishart, MP for Perth and North Perthshire. "It is totally and utterly unacceptable."
He added: "Why don't they just tattoo our foreheads 'Scottish' and then they would be able to identify us."
And Conservative MP Sir Edward Leigh said the move would not make any difference to the outcome of votes and urged ministers to omit laws which indirectly applied to Scotland, saying not to do so would be a "gift" to the SNP's independence campaign.
Responding to a question by an SNP MP on Monday, Mr Grayling said the only English-only measure during the last Parliament had been the Education Bill, and there were 13 Bills which applied to England and Wales.