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The government’s ‘English Votes for English Laws’ review: an assessment

Last Thursday the government published its technical review of the operation of the ‘English Votes for English Laws’ (EVEL) procedures in the House of Commons. The review concluded against making ‘any substantive changes’. Daniel Gover and Michael Kenny argue that this is a missed opportunity. The decision to close down this chance for parliament to engage in meaningful debate about the EVEL system is regrettable, and may prove to be short-sighted.

Last week the government published the conclusions of its long-awaited technical review of the operation of ‘English Votes for English Laws’ (EVEL). This system, designed by the government and introduced in the House of Commons in October 2015, provides English (and sometimes English and Welsh) MPs with a veto over certain legislation that applies only in that part of the UK. (For a reminder of how the EVEL process works, see here.) The government’s review is 12 pages in length, and provides a fairly perfunctory response to some of the main criticisms made of this system. Ultimately, however, it concludes against making ‘any substantive changes’ to the procedures.

That the government has decided to stick with this largely unloved set of procedures is no real surprise, given the defensive stance it has consistently taken on the matter. But the decision to publish its review findings on 30 March – the morning after the triggering of Article 50, the day of the publication of the Great Repeal Bill white paper, and on the final day of Commons business before recess – ensured that its appearance was barely noticed by media and political parties, and suggests a desire to avoid reopening political debate about EVEL. The government’s unwillingness to commit to making even small adjustments, including those recommended by the cross-party Commons Procedure Committee, is also regrettable, and will do little to reassure those already suspicious of the Conservative Party’s motives on this score.

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One year of EVEL: evaluating ‘English Votes for English Laws’ in the House of Commons

A major report on how the new ‘English Votes for English Laws’ (EVEL) procedures in the House of Commons have operated since their introduction in October 2015 is published today. The authors, Daniel Gover and Michael Kenny, argue that the current version of EVEL has avoided many of the problems predicted by its critics. However, they recommend changes to facilitate greater expression of England’s voice (as opposed to simply a veto right), to apply the ‘double veto’ principle that is central to the reform more consistently, to reduce the complexity of the system and to improve its legitimacy. The report is summarised here.

It is now just over a year since the House of Commons adopted a new set of procedural rules known as ‘English Votes for English Laws’ (or EVEL). Put simply, EVEL provides MPs representing constituencies in England (or England and Wales) with the opportunity to veto certain legislative provisions that apply only in that part of the UK. (For a reminder of how the process works, see here). Introduced with some fanfare by the Conservative government following the 2015 election – and criticised heavily by its political opponents – these procedures have quickly faded from public view. But, one year on, what lessons can be drawn from how EVEL has operated so far?

Over the past year, we have been conducting an in-depth academic investigation into the implementation of EVEL. This work has been supported by the Centre on Constitutional Change and the Economic and Social Research Council. It has involved a detailed analysis of the main arguments for and against this reform, and a full assessment of how the procedures have worked in practice during their first 12 months in operation (October 2015–October 2016). Today we publish our findings in a new report, Finding the Good in EVEL, which also includes a number of proposals for how this system could be significantly improved.