Tuesday 7 July 2015

Why EVEL is not the West Lothian answer?

Being somewhat associated with West Lothian and having stood in the race to replace the poser of the West Lothian Question. Tam Dalyell, I have on occassion written about said question and the potential answers. David Cameron's latest take on this is English Votes for English Laws (EVEL) at Westminster.

Now the problem posed by the West Lothian Question was that devolution would allow certain aspects of law to be devolved to the Scottish Parliament (and of course the Welsh and Northern Irish Assemblies) while their MPs were still able to vote on issues at Westminster affecting people in England but that the English MPs would not have the same say on some of these issues in the devolved powers as they legislators there and not the MPs would have the say. The issue was that devolution was bringing up two types of MPs some who could vote on things that wouldn't directly affect their constituents and others who might find they couldn't bring about change for their constituents if the block who didn't have any direct impact in their area voted against was enough with their English colleagues to block it.

Devolution had in effect brought in two tiers of MPs some were backed up by colleagues (occasionally themselves) who would vote on devolved issues, others who were responsible for all decisions. But EVEL does exactly the same in creating two tiers of MPs, only this time the cut off is less well defined. What exactly is an English Law. In truth as things currently stand only a cost neutral law is truly only English as anything with spending or tax ramifications has because of the Barnett formula got a knock on effect to budgets in the devolved powers.

The result of trying to introduce EVEL in the fall out from the Scottish referendum is a knee jerk reaction to the ;promise of more powers for Scotland (and indeed Wales and Northern Ireland). It ignores however the fundamental difference that devolution has brought to Scotland, Wales and Northern Ireland that is denied to the people of England. Certain aspects of their governance are now decided as a local level below that of Westminster and above that of local authorities. The demands of the North East would not be the same as those in the South West. Yet only London and some other cities with elected mayors seem to have any more control over their own affairs than previously.

Having a elected Mayority is not the sole model for greater devolution, but this appears to be the only one that the Conservatives want to contemplate alongside EVEL, but of course it is not the position used in the three nations with devolution. The First Minister in all three of them is not a directly elected President (the possible exception may have been the 2007 SNP list description "Alex Salmond for First Minister" without mentioning the party name) but are the leader of the largest party. Somehow the conservatives have decided that the American style Mayor led system is better than the European model of Federal Government for the regions.

The only true answer to the West Lothian Question is a more Federal Model of governance as the difference in roles would therefore not exist in the National Government. So until those in Westminster realise that we'll be stuck with the evil of difference that plans like evil or directly elected mayors can inflict unto voters.

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