Reply from the West Lothian Commission, and follow-up on the vote on same-sex marriage

On Tuesday 5 February, at around 4.20 pm (two and a half hours before MPs were actually due to vote on the Marriage (Same-Sex Couples) Bill), I received a reply to my email to the McKay Commission (aka the West Lothian Commission) asking them to make a recommendation that MPs from Scottish and Northern Irish seats should not vote on the Bill, which relates to England and Wales only (see previous post).

The reply read as follows:

“Thank you for your interest in the work of The McKay Commission and your email, the contents of which we have noted. The Commission will take into account whatever matters are relevant to inform their considerations and eventual recommendation.”

That’ll be a no, then. Too little too late.

The Bill of course passed its second reading in the Commons by a majority of 400 in favour to 175 against. For the record, 44 Scottish and Northern Irish MPs voted in favour of the Bill, and 15 voted against; five abstained, including – interestingly – Gordon Brown and Charles Kennedy. So, counting only the votes of English and Welsh MPs, the Bill elicited 356 votes in favour and 160 against. The complete list is here.

Adding his name to the roll call of shame of Scottish MPs butting into affairs not concerning their constituents was the sole Conservative MP from north of the border, David Mundell, who supported the Bill. A total of 31 out of Labour’s 40 Scottish MPs also voted in favour, while six opposed the Bill. Nine out of the Liberal Democrats’ 11 Scottish MPs somehow thought it appropriate to support same-sex marriage for England and Wales but not their own voters. The other two abstained. The remaining supporters of the Bill from outside England and Wales included the one SDLP MP and one Alliance MP (from Ulster), and the independent (ex-Labour) MP for Falkirk, Eric Joyce. All of the DUP MPs (Northern Ireland) opposed the measure.

So the Bill would have passed easily had voting been limited to English and Welsh MPs, as it ought to have been in all fairness. Be that as it may, it’s still outrageous that so many Scottish and Northern Irish MPs feel entitled to vote on such a significant matter that doesn’t apply to their constituents. But, as usual, there was utter indifference to this basic democratic injustice on the part of British-national media, which, while they made a better-than-average pass at referring to the Bill as applying to England and Wales only, still did not think fit to point out that, nevertheless, Scottish and Northern Irish MPs were also having a say in the matter.

I have to say that I was, but perhaps should not have been, rather disappointed at the almost total lack of response my various communications on the subject, mostly on Twitter, were met with. For instance, none of the 60 or 70 Conservative MPs on record as opposing the Bill who I contacted to suggest they could object to Scottish and Northern Irish MPs voting on it even bothered to reply. In fact, apart from the belated McKay Commission response (above), I received only two other replies from organisations or individuals involved in campaigning or voting on the Bill.

The first of these responses was from the online campaigning and petitioning website Avaaz. A couple of days before the vote, they started a campaign to urge ‘Britons’ to contact their MPs to vote in favour of the Bill, although the body of their article did make it clear the Bill related to England and Wales only. I objected in the following terms:

“You should not be canvassing the support of all ‘Britons’ on this, as the measure relates only to England and Wales. Indeed, only MPs representing English and Welsh constituencies should really vote, especially as a separate Bill to legalise gay marriage has been introduced to the Scottish Parliament.

“Get it right, Avaaz!”

I received the following somewhat arrogant reply:

“Thanks EnglandUncut. We are aware this measure only affects England and Wales, which is why we have specified “England and Wales” in the article and the petition – and have noted the separate bill for Scotland here: http://en.avaaz.org/1233/uk-ga…. But the reality on Tuesday is that all British MPs will get to vote on this, therefore all Britons do, currently, have a say on this matter. So we are reflecting the reality of how the law works now, not how it might or should work in the future.”

In other words, Avaaz couldn’t give a monkeys about democratic fairness to English and Welsh residents. For them, it was the issue that mattered, and they were willing to exploit an unfair system to get the desired result. Or, as I put it in my reply:

“Yes, but you shouldn’t be encouraging the UK parliament’s infringement of the English and Welsh people’s democratic rights by indirectly encouraging MPs whose constituents will not be affected to influence the result – either way, simply by voting.”

To which I received no further reply. You can read the exchange here.

The second come-back was from the Twitter feed of the pro-same-sex-marriage group of Conservative MPs ‘Freedom To Marry’, who responded to a tweet of mine that was also in response to a tweet from Stephen Fry urging people to ask their MPs to support the Bill – including, you guess it, Scottish and Northern Irish MPs. You can read the exchange here. It is indeed the case, as I put it to Freedom To Marry, that only very minor aspects of the Marriage (Same-Sex Couples) Bill affect the whole UK; whereas the core of the Bill – the actual same-sex marriage bit – is limited to England and Wales.

But from everybody else, nothing. But nothing.

It seems to me that the attitude of mainstream media, Westminster politicians of whatever hue or from whichever country, and liberal campaigners alike towards England is like that of a child to whom one is trying to convey an inconvenient truth: they stick their fingers in their ears and cry ‘La la la, not listening!’

4 Responses

  1. I’ve just watched the news item Re. Gove’s about turn on GCSE’s
    Stephen Twigg (Labour) referred to “our country” in his pissstaking reply. “Our country” indeed!!!!
    No Twigg! England only…………………………

  2. The amendments to the Gender Recognition Act are not “very minor” as far as the people they affect are concerned. Those Scottish MPs who decided not to vote on the basis that the bill did not apply to Scotland were thumbing their noses at trans people. There are other significant elements of the bill that applied to Scotland too.

    • Fair enough. But the headline subject-matter of the Bill is same-sex marriage (the clue is in the name), which definitely does not apply to Scotland. Indeed, English and Welsh married gay and lesbian couples will be considered in law as civil partners in Scotland and N Ireland until the law is changed in those countries. So I don’t think a relatively minor part of the Bill (or a part of the Bill that affects a relatively minor proportion of the population) can justify Scottish and N Irish MPs voting on the substance of the Bill. There has to be an intelligent way in which MPs whose constituents are not affected by most of a Bill can limit their voting to the bits that do apply to them.

      • Yes, there probably is an intelligent way to limit the involvement of MPs whose constituents are not affected by a Bill, but intelligence is pretty scarce in the Palace of Westminster, wisdom scarcer still. As for fairness and democracy, you’d be better off looking at the Chinese or North Korean governments.

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