Dame Harriett Baldwin
MP for West Worcestershire · Conservative · United Kingdom
“I welcome the Chancellor to his new role. I paid close attention yesterday to the long speech he made to reset the narrative and drive growth Britain. In paying tribute to his predecessor, will he recognise that she left the highest tax burden on record? Instead of postponing the words he could utter to my hon.”
“I welcome the new Prime Minister to the Dispatch Box. I note that in his statement he referred to the biggest issues facing the country as being “the economy and the cost of living crisis”. Will he accept that one of the things that has damaged our economy and caused prices to be higher is the tax-and-spend Budget in November 2024?”
“Could the Leader of the House make a commitment that the new Chancellor of the Exchequer will come to the House on the first day we are back from recess?”
“With a stroke of his Whitehall pen, the Secretary of State has just abolished Malvern Hills district council, Worcester city council, wonderful Wychavon district council and Worcestershire county council. He said in his statement that this is about making “real improvements to people’s lives and…communities”.”
“In recent weeks in West Worcestershire, I have met local police and the police and crime commissioner; the police and crime commissioner is being abolished, and the police are being reorganised. I have met the local health commissioners; they are being reorganised, and Healthwatch is being abolished.”
“Will the Leader of the House confirm that, given that the other place is sitting next week, there is nothing to stop him tabling a business statement to enable this House to sit next week? Given the enormity of the events happening in the Government next week, does he not think that would be a good idea?”
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“That is why it is so important that the Bill tackles those cliff edges, ensuring a much smoother process and a linear relationship between the time that people work and the amount that they take home. At the end of the day, we all respond to the financial incentives that are inherent in the system. As we heard earlier, the current benefits system also pays couples more to live apart than to stay together. I believe that I am right in saying that 2 million people in this country would identify themselves as being in a relationship but living apart. No one can deny that, in large part, that is down to the messages and the financial incentives sent through the welfare system, which will be reformed by this Bill.”
“As the hon. Gentleman knows, there are many provisions in our welfare system for exactly that sort of situation. I do not think that anyone is suggesting that people with no capacity for work should get out and work. We should have a generous safety net, as we do for people in those situations. However, the system as currently constructed has many barriers that send the message that taking on full-time work is not worth while. With single parents facing a withdrawal rate of 96%, what kind of message does that send to people about the sense in going to work? We have all met people who work 16 hours a week. As we know, the way that working tax credits work gives people an incentive to find a job working 16 hours a week. At the moment, those working 15 or 17 hours a week find themselves financially worse off.”
“I think that we have heard the Secretary of State put that on the record on a number of occasions. There are a few debating points that have arisen in this debate, particularly from the Opposition, that I would like to address in my few remaining minutes. On savers, we can have a debate about whether someone with £16,000 in savings ought to be in the benefits system, but we should all recognise that the welfare system should focus on those on the lowest incomes and with the lowest savings. That is one of the difficult decisions that it is worth tackling, and the Bill does that.”
“We must ensure that people do not hear from the benefits system a message against entrepreneurial behaviour. The Committee needs to look closely at how the imputed income of new business start-ups will be treated for benefit purposes. We have heard allegations that the Bill has been rushed. I disagree. We are talking today about changes that will not even come into effect until 2013. However, I agree with my hon. Friend the Member for Wolverhampton South West (Paul Uppal) that they cannot come soon enough, although I know that a major computer system needs to be changed. I welcome the measures in the Bill and I look forward to supporting its Second Reading.”
“The right hon. Gentleman probably also supports the proposition that I should continue to receive child benefit. We need to make these decisions, and they need to focus on certain levels of savings. Passported benefits, on the other hand, are something that we will need to discuss in great detail. I hope that the Committee will do that, because things such as free school meals, which at the moment are passported in with other benefits, are also a trigger for early years payments for schools and the pupil premium. It will therefore be particularly important to have clarity about how free school meals are going to work in the future. Personally, I would favour putting that in with the universal credit, where it would be affected by the same withdrawal rates. Another good point that has been raised in the debate was about entrepreneurs.”
“T5. May I add my congratulations to everyone involved in the success of “The King’s Speech”? It has also been a major commercial success, and it was funded partly by lottery funding. Can the Secretary of State give us an idea of how much revenue that will bring in to the UK taxpayer?”
“On Tuesday we heard a welcome statement from the Secretary of State for International Development about his tough value-for-money review of international aid spending. May we have a debate in Government time on the transparency of international aid? Letters in my mailbag certainly suggest that people are still concerned about the fact that international aid money is being used to fund, for example, the limousines of dictators.”
“I thank my hon. Friend for securing this extremely important debate, because it allows me to place on the record the thanks of the Malvern community for the opening of the new Malvern hospital by the Princess Royal last week. Does my hon. Friend agree that a key thing with radiotherapy services is the distance that people have to travel every day and that Worcester might be considered a very central location in the county of Worcestershire?”
“Save the Children, which is a very well-supported charity in West Worcestershire, has particularly welcomed this review. The Secretary of State has just emphasised the importance of educating girls. Can he tell us how many more girls will receive an education as a result of this review?”
“I congratulate my hon. Friend on securing this extremely important debate. I represent a rural area myself. Does she agree that there are so few petrol stations in rural areas that the existing rural petrol stations can charge much higher prices than petrol stations in towns?”
“I beg to move, That the Bill be now read a Second time. As a new Member, I drew No. 7 in the private Members’ Bill ballot. Some might think that it is great foolhardiness to have chosen to raise the knotty constitutional issue of the West Lothian question in the House today, but it is with a great sense of privilege and trepidation that I today present a Bill that is designed to be extremely helpful to you, Mr Speaker, if you were ever asked to certify whether a particular piece of legislation applied to a particular part of the United Kingdom. Mr Speaker, you will be very aware that the question of Members voting on issues that do not affect their own constituencies has vexed many minds much more learned than mine for well over a century.”
“Friend the Member for Preseli Pembrokeshire (Stephen Crabb), the Minister on duty, who said that “the Government will make an announcement on the commission in the new year. I am happy to confirm that we do indeed mean 2011. That is very much part of our programme for next year.” —[ Official Report , 21 December 2010; Vol. 520, c. 1338.] If nothing else, given the fragile life chances of private Members’ Bills, I am pleased to use today’s debate to encourage the Government to advance their own business. Over the last decade, devolution to Wales, Northern Ireland and Scotland, which I wholeheartedly support, has meant that more and more legislation coming before the House affects different constituent parts of the United Kingdom in different ways. For example, at the moment the Health and Social Care Bill will apply essentially to England.”
“A Conservative government will introduce new rules so that legislation referring specifically to England, or to England and Wales, cannot be enacted without the consent of MPs representing constituencies of those countries.” Of course, the Conservative party did not win an overall majority, but in the coalition programme for government, the section on political reform states: “We will establish a commission to consider the ‘West Lothian question’.” On 26 October last year, I asked the Deputy Prime Minister in this Chamber when the commission would be established, and I was told that it would be established by the end of 2010. However, it became apparent on the final sitting day of 2010 that the commission had not been established, and I again put the question to my hon.”
“However, the following question is often raised with me by residents of my constituency, which I like to think represents the heart of middle England. How can it be right for it to be possible for potentially decisive pieces of legislation to be voted on in this place by, and carried by a majority of, Members of Parliament who are not legislating on behalf of their own constituents? That is not a question that we can carry on parking in that car park for ever. It is my intention with this Bill to edge the West Lothian question slightly closer to the car park exit. The Conservative party manifesto, on which I stood, said: “Labour have refused to address the so-called ‘West Lothian Question’: the unfair situation of Scottish MPs voting on matters which are devolved.”
“That is an extremely important question. Mr Speaker has the ability, under Standing Order No. 97, to certify whether a particular piece of legislation applies only to Scotland. He already has the powers, and it will be extremely interesting today, during the debate on this legislation, to discuss whether those powers ought to be extended to further parts of the United Kingdom. The West Lothian question has vexed constitutional experts since the time of Gladstone, who first perceived the difficulties when Irish Home Rule was being discussed. At various times in the last century, the topic has been raised in the Chamber and in the other place, but it has always been parked in the car park for questions that are too difficult to resolve under our unwritten constitution.”
“The hon. Gentleman makes an extremely important point about how difficult it is these days to identify which parts of the United Kingdom Bills will apply to, a problem that this Bill is intended to address. The hon. Gentleman will clearly support it.”
“My hon. Friend asks an important question, pointing out that devolution is an ongoing process. Indeed, the referendum in Wales on 3 March and the Scotland Bill will potentially change the decision-making process in this Chamber, so it is all the more important that the Bill is carried today.”
“The hon. Gentleman is making extremely important points about how legislation currently before the House can mix up different issues and have different impacts on different parts of the United Kingdom. My Bill would make things clearer, with the result that parliamentary draftsmen would automatically start to make it clearer and much more distinct which parts of the United Kingdom Bills apply to. In addition, the Bill would allow legislation to continue to apply to different parts of the United Kingdom—all it says is, “Let’s state that on the face of the Bill.” Why should we not do that?”
“Therefore, Parliament and this truly reforming Government need to find a way to scrutinise legislation in such a way that Members, who have the best interests of their own constituents in mind, can play a greater role in the legislative process. This is an issue that we duck at our peril.”
“My hon. Friend asks a somewhat cheeky question. I am sympathetic to the fact that the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper)—a constituency neighbour of mine—has had a rather busy last couple of weeks. I am giving him a little slack because of that, but I agree that it is important to keep pressing for the establishment of the commission. The legislation on tuition fees will affect university students from England. It will create the awkward situation of Welsh and English students paying different fees to attend the same university. The Scotland Bill, which I mentioned earlier, will enhance the powers of the Scottish Executive in many instances, including their ability to vary tax rates.”
“Friends the Members for Chichester (Mr Tyrie) and for South Thanet (Laura Sandys) were also on the taskforce, so we are talking about some impressive brainpower. The taskforce’s report looked at five main options for addressing the West Lothian question. The first option is the one that the previous Government took for the last decade, which essentially was to do nothing. That approach was best summarised by Lord Irvine’s argument—that the best way to answer the West Lothian question was to stop asking it.”
“I am a passionate supporter of the Union, and do not want to undermine it in any way with the Bill. My grandmother, of whom I have fond memories, was called Flora McLean McLeod Morison. She was born in Dunbar to a general practitioner who came from the Isle of Mull, so I am a flesh-and-blood embodiment of the Union myself. It is because I believe that not resolving this question would cause long-term harm to the Union that I urge the Government to support the Bill. What I found most helpful in preparing the Bill was the Conservative party’s democracy taskforce, chaired by my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), who prepared a pamphlet called “Answering the Question”. The Leader of the House, who was in the Chamber earlier, and my hon.”
“I thank my hon. Friend for adding those supportive words from her constituents. I am sure that many hon. Members have had the issue raised with them from time to time. As I mentioned, the question has been looked at by many heads wiser than mine over the years, and I have benefited from extensive analysis from history of what has not worked. Therefore, I have avoided in the Bill any sense that I want to create two categories of MP at Westminster, which is where the private Member’s Bill introduced by my hon. Friend the Member for North Dorset (Mr Walter)—the House of Commons (Participation) Bill—ran into difficulty in the previous Parliament. Parliamentary privilege, which is MPs’ ability to speak out or vote on any issue, is at the heart of our Parliament.”
“Member for Rhondda (Chris Bryant), was the one initially taken by the previous Government, is devolution to regional government, giving the English regions more constitutional power. However, that was rejected decisively in the 2004 referendum in the north-east. A fifth option, which has been on the table for some time, is something called English votes for English laws. Unfortunately, however, that would create two categories of MPs, leaving the Executive powerless to win votes on important public service issues. That was the approach taken by my hon. Friend the Member for North Dorset in his private Member’s Bill, and was also the approach outlined in the 2001 and 2005 Conservative manifestos.”
“Also, it is completely at odds with the Parliamentary Voting System and Constituencies Bill, which brings a welcome equalisation of constituency sizes. A third option that people have mentioned is an English Parliament. There is a campaign group for this solution, but that approach leads to a plethora of questions. Would it require separate elections or a separate building? Would we have a First Minister for England? What if the First Minister for England was different from the Prime Minister? That solution would also be extremely expensive, and I do not think that the mood in the country is in favour of an additional layer of politicians. That approach could also lead to the formal break-up of the United Kingdom, so I have completely rejected it. A fourth approach, which, to be fair to the hon.”
“I fully accept that the issue has been out there and unsolved for at least 100 years. However, I think that it was a deliberate strategy by the previous Government, as evidenced by Lord Irvine’s statement. The do-nothing approach risks causing the same English alienation that Scottish devolution was designed to address for Scotland. A second approach to address the issue is through under-representation at Westminster for the parts of the UK that have their own Parliament, which is often known as the Stormont solution. During most of the 20th century there was a Northern Ireland Parliament at Stormont, and Northern Ireland sent only 11 Members of Parliament to Westminster when its population would have justified 17. That is another possible approach, but I do not think it is the right one.”
“In the past, before devolution, that Standing Order was used quite often, which shows that there is a precedent for such certification and that it would not be beyond the wit of those much wiser than me to come up with some improvements on that Standing Order.”
“Therefore, by requiring the Secretary of State to specify in draft legislation the territorial extent of a Bill, my expectation is that it would be much clearer in the drafting of Bills to which parts of the UK they applied. Indeed, the Clerk advises me that the Health and Social Care Bill, which was mentioned earlier and which, really, applies only to England, would be hard to certify as being an England-only Bill, because of the way in which it is drafted. What I hope my Bill would achieve, once it received Royal Assent, is gently to guide those drafting Her Majesty’s legislation to be clear enough in that drafting so that you, Mr Speaker, would have no problem certifying Bills. Indeed, you already have the power, under Standing Order No. 97, to certify Bills as having regard to Scotland only.”
“They would pass through normal Commons processes as far as and including Second Reading, on which the whole House would vote. The Committee stage would be undertaken by English MPs in proportion to English party strengths. Report stage would be similarly voted on by English Members only, and Third Reading, when no amendments are possible, would again be voted on by the whole House. However, there are also problems with that approach, but it is those problems that my Bill seeks to solve. The problem was best expressed by lain MacLean of Nuffield college in his 2005 paper, in which he said: “It will be hard for the Speaker to define what is an English bill, at least to do so without controversy—the Speaker could be politicised”. I would not want to put you in such an awkward position, Mr Speaker.”
“That approach is one of those things that looks fair at first sight, but the more one looks at it, the more problems with it one perceives. For example, what if the Government of the day could not carry the Budget? The Finance Bill is something that the Government have to be able to carry, but if the make-up or majority in the English Parliament was different from that in the overall, national Parliament, how would we solve such conundrums? That is why I have not taken that approach in my Bill. The recommendation that I thought made the most sense was the one in the democracy taskforce publication, which proposed a lower-strength version of English votes for English laws. This proposal was that Bills be certified by the Speaker as English.”
“97, in its 1999 report on the procedural consequences of devolution, the Select Committee on Procedure said that “the provision allowing the Speaker to certify Bills as relating exclusively to Scotland” could be “transferred to a new Standing Order and adapted so that the Speaker may certify that a bill relates exclusively to one of the constituent parts of the United Kingdom.” Further to that, Standing Orders Nos. 102 and 106 allow legislation to be referred to a Welsh Grand Committee. However, we are now touching on issues that have gone far above my pay grade, although they are issues that would be there for the House to agree once my Bill had received Royal Assent.”
“That is certainly an original approach, and one that, I must confess, I had not heard from any other source, so I very much appreciate my hon. Friend’s putting it on the record. I said at the beginning of my speech that I am very much in favour of devolution and allowing decisions that affect particular areas to be made at the lowest possible level of government. That is the theme of localisation, so although my hon. Friend has set out an original idea, I prefer what I have proposed in my Bill. To return to my point about Standing Order No.”
“The financial statement would therefore allow the question of whether that was the case to be transparent. In bringing my remarks to a close, I simply point out that the Bill is both minor and entirely unobjectionable. In fact, it is so innocuous that I am sure all hon. Members in the Chamber today will support not only its aims but its intentions, and that they will all wave through its Second Reading. I am sure that the Government will have no issue with the intended consequences of the Bill, although they may have some drafting issues with the unintended consequences, on which I would welcome their input in Committee. This Bill is necessary to create a strong foundation on which the House can make progress on addressing the important issues of territorial extent, and I commend it to the House.”
“There is also flexibility built into the Bill, so that if it is not possible for the Secretary of State to affirm that the draft legislation is compatible with those principles, the Government can still make a statement that they wish to proceed anyway. I am sure that no one in the Chamber could possibly object to this new level of transparency in our legislation. The Bill also calls for a separate statement—a financial memorandum—on the financial implications of legislation on the constituent parts of the United Kingdom. Again, this is designed to be helpful to you, Mr Speaker, by making any financial effects of legislation—for example, via the Barnett formula—clear and unambiguous. It is often argued that, because of the Barnett formula, it is impossible to achieve granularity when it comes to the impact of legislation on England.”
“My Bill has deliberately shied away from being prescriptive in that area. Our constitution has a capacity to evolve and adapt to changing circumstances in a way that does not need to be written down in legislation, so my Bill stops at the point where the draft legislation outlines which parts of the United Kingdom it affects. It would then be for us, through House procedures, to look at the ways in which the new legislation would permit the House to treat different Bills in different ways. I have touched on the purpose of the Bill, but there are other provisions that are worth highlighting. The Bill would establish a principle of legislative clarity, which would mean that citizens and Members of Parliament would have the right to see how proposed changes to the law would affect them or their constituents.”
“I thank my right hon. and learned Friend for giving way and also for sharing his enormous wisdom on this topic with the House. Does he agree that the Scotland legislation of the 1970s included a provision made by the Lords for a 14-day waiting period, in which something like what he is describing would apply? What does he think of that particular approach?”
“Does the hon. Gentleman accept, however, that the Bill stops well short of such Committees, and would be a simple and innocuous piece of legislation that he could wholeheartedly support?”
“Can the hon. Gentleman give me an example of a money Bill that might affect only England? I am not sure that my research has identified one.”
“With the greatest respect, surely in such circumstances it would be necessary only to say, “This Bill applies to all three areas.” My Bill provides for flexibility in order to avoid precisely the kind of row that the hon. Gentleman has described.”
“With respect, the hon. Gentleman is missing the whole point. Obviously, legislation will have different effects in different parts of the UK. That will be spelt out in the legislation. All the issues that he is raising are complete red herrings that the Bill would address.”
“As I said earlier, it is because of that belief that it is important that we have clarity in our legislation about which parts of the UK it affects. Is the hon. Gentleman arguing that we have to just continue to park the issue and not address it, thus undermining the Union?”
“I thank my hon. Friend for giving such an eloquent speech on some of the issues surrounding legislating on this subject. Does he accept that the Bill stops well short of giving any direction whatever as far as Standing Orders are concerned? It simply says that draft legislation will outline its impact and, in a side statement, its financial impact.”
“I thank the hon. Gentleman for coming along to participate in the debate, because his perspective is valuable. Will anything in the Bill prevent him from voting on anything? The Bill could allow our unwritten constitution to evolve so that Members might indeed choose to abstain in the way that he describes.”
“I thank the Minister for his perceptive comments about what I have tried to avoid in drafting the Bill. I am glad that he accepts that the principles of the Bill are sound, even if its wording might be modified by the Government in Committee, which I would welcome. The Bill moves civil service guidance on to a statutory footing, thus strengthening the whole process.”
“Member for Rhondda (Chris Bryant), put up a series of straw men—or ghouls and ghosties—that do not apply to the Bill. I therefore feel sure that he will support the Bill— [Interruption.] I may have misread his intentions, in which case I ask him to forgive me. My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) made some supportive comments, but he also rightly raised concerns about some of the subsequent issues that this House might still have to grapple with. I am not, by any means, pretending that this Bill solves all those issues, but his description of it as “pointless” rankles. The very fact that we have had this excellent debate shows that it is not pointless. It would provide much greater clarity and put that on a statutory footing, and would prevent the Speaker from possibly being put in a difficult position.”
“I thank all Members on both sides of the House for their excellent contributions today. The debate has been extremely interesting, and we have heard widespread support for the Bill’s intentions. We have also heard a range of objections, however, such as from the hon. Member for North Antrim (Ian Paisley), but I think his fears are unjustified; we are on his side here. By not talking about this, we would run into as many difficulties as we might through some of the solutions he fears. I urge him to support the Bill on Second Reading, as I think that if it progresses that will serve to get some of the issues out in the open, and not bury them, which I think would be worse for his case in the long term. The shadow Minister, the hon.”
“I thank my hon. Friend very much for that clarification. In an elegant speech, the Minister made similar points, saying that the Bill was good as far as it goes but that we need to go much further. I would have been much more sympathetic to his desire for me to withdraw the Bill today if he could have made some announcements or put some measures on the table that would give me confidence that his urgency on the issue was similar to that expressed by colleagues on our Benches. Having considered his kind invitation for me to withdraw the Bill, I have decided that I do not wish to do so and I ask that the Question be put. Question put, That the Bill be now read a Second time.”
“I draw your attention, Mr Speaker, to my entry in the Register of Members’ Financial Interests as a board member of the Social Investment Business. May we have a debate in Government time on yesterday’s fantastic news about £200 million of private sector money going into the big society bank? I am sure that all Members would welcome that and want to attend, particularly the Leader of the Opposition, who tried to get that going in 2007 when he was in the Cabinet Office?”
“I have had more representations on this issue than on any other since I was elected—probably about 500 so far. If I send them on to the consultation with a covering letter, can the Secretary of State reassure my constituents that they will all be counted as individual submissions?”
“I congratulate my hon. Friend on securing this debate, which is so important to the future of children in Worcestershire. Does she agree that free school meals are not a good measure of deprivation in Worcestershire, particularly where rural schools no longer offer a dining room and therefore cannot offer free school meals?”