The West Lothian Question is a reference to the perceived imbalance between the voting
rights of MPs from England compared to MPs whose constituencies form a part of the
devolved administrations of the United Kingdom [1]. This imbalance manifests itself as an
unreciprocated ability of MPs from devolved constituencies to speak on matters that affect
only English constituencies, whilst English MP’s have no say on devolved assembly policy
areas.
Following the Coalition Government taking power in 2010, the McKay commission was
launched to investigate the question alongside other issues arising from devolution [2]. The
political climate surrounding the 2015 general election [3]; including the Scottish independence
referendum the year prior and the McKay report publication, lead to the conservative
manifesto promise to enact the policy English Votes for English Laws (EVEL) [4]. Following
their victory in the general election, this was introduced via amendments to the standing
orders [5].
Brexit, the coronavirus pandemic, and the current Conservative majority has seen this
constitutional question recede into the background of British politics as of late, evidenced by
the under-reported removal of EVEL in July of this year [6]. EVEL proved an unsatisfying answer
to the West Lothian Question, which is sure to regain prominence as we move closer to the
next general election with the SNP also considering another push for independence [7]. Thus
one should ask, with EVEL proving ineffective, what measures could be put in place to answer
this important constitutional question?
[1] Garret Brown and others, A Concise Oxford Dictionary of Politics and
International Relations. (4th edn, OUP 2018).
[2] Richard Hayton, ‘The Coalition and the Politics of the English Question’ (2015) 86(1) Political
Quarterly 125, 127.
[3] Philip Cowley and Dennis Kavanagh, The British General Election of 2015 (Palgrave
Macmillan 2015).
[4] The Conservative Party, The Conservative Party Manifesto 2015 (2015) 69-70.
[5] Daniel Gover and Michael Kenny, ‘Answering the West Lothian Question? A Critical
Assessment of “English Votes for English Laws” in the UK Parliament’ (2018) 71 Parliamentary
Affairs 760, 767-769.
[6] BBC News, ‘Commons scraps English votes for English laws’ (13 July 2021)
<https://www.bbc.co.uk/news/uk-politics-57828406> accessed 23 January 2022.
[7] BBC News, ‘Nicola Sturgeon tells PM referendum is case of “when - not if”’ (9 May 2021)
<https://www.bbc.co.uk/news/uk-scotland-scotland-politics-57046408>; Keatings v Advocate
General [2021] CSIH 25.
