Devolution revision: the West Lothian Question

Here we consider why the West Lothian Question can be considered a problem. Later this week I will propose that it is perhaps an issue that has been overblown

1. The spectre that haunts the Union between the constituent units of the United Kingdom was raised initially in the 1970s by Enoch Powell who pointed out that it would be unfair for MPs from the Celtic fringes to be able to influence the affairs of those living in England whilst English MPs could influence the affairs of those living outside England in the fields devolved to any assemblies in Scotland, Wales or Northern Ireland. This was picked up on by ardent anti-devolutionists such as the MP for Linthlogow, Tam Dalyell.

2. Further controversy was heaped on the issue after New Labour delivered devolution and subsequently many Conservative MPs went on to claim that Scottish MPs were telling England what to do. They claimed that bills such as top up fees for students in England (passed in 2004), which are not payable for students in Scotland, would not have been carried if English only MPs would have been able to vote.

3. On a related note, this is controversial since it is argued that students in Scotland have been given a free university education only due to the generous settlement Scotland receives from the Treasury – the Daily Mail argued that the £2bn bill for Scottish students would be footed by taxpayers across the UK. In this way, this is a “double whammy” for families in England.

4. Another difficulty identified is the constitutionality of ministers elected from Scottish constituencies controlling departments that effectively are England only – when John Reed was Health Minister this was the case. And obviously we have a Prime Minister who is himself from a Scottish constituency.

5. Further problems have arisen when it comes to proposed solutions to this supposed conundrum. Some Tories have proposed a form of English Parliament or English only votes for English only laws. The complexity of this solution has caused severe headaches for constitutional scholars. First, any bill which involves the use of public funds has implications for the whole of the UK in terms of taxation and spending. Second, MPs from outside England see themselves as representing the whole of the UK – after all they are elected at the same time.