Parliamentary Constituencies Bill
Tuesday 2nd June 2020
(4 years, 6 months ago)
Commons ChamberRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts
19:59 - The House divided: - Ayes: 137 / Noes: 265 - Question accordingly negatived.
Madam Deputy Speaker (Dame Rosie Winterton)
Mr Speaker has selected the reasoned amendment in the name of the Leader of the Opposition and others. Under the provisions of the Business of the House (Today) motion, I will call a signatory of that amendment to move it at the conclusion of the debate.
The Minister of State, Cabinet Office (Chloe Smith)
I beg to move, That the Bill be now read a Second time.
It is a great pleasure to open this debate. The purpose of the Bill is straightforward: to meet the Government’s manifesto pledge of delivering updated and equal parliamentary boundaries, making sure that every vote counts the same. We will do so on the basis of 650 constituencies.
The principal legislative framework set out in the Parliamentary Constituencies Act 1986 remains in place. The Bill makes a small number of amendments to that in order to move us forward with some aspects of the timing and the process of future boundary reviews and, as I said, returning the number of constituencies to 650.
Chris Bryant (Rhondda) (Lab)
There is a fundamental flaw, which the Minister brought out for us in her very first paragraph. I think Ministers think that by trying to rejig the constituencies they will make every vote count equally. That is not true. The only way we can do that is by having a proportional electoral system. We could make every person count equally if we counted our boundaries not by the number of registered voters in a constituency but by the number of people, which is what every other country in the world does.
Chloe Smith
A huge chunk of what the hon. Gentleman proposes is out of the scope of the Bill, but in terms of what is in scope, I hope therefore that he will reject the Labour party’s amendment, which goes against equalising the size of constituencies by arguing against the tolerance quota. I am sure he will consider that as he comes to vote tonight.
Let me pre-empt a question that might legitimately be asked: why are we doing this now, given the other challenges that are presented by the coronavirus? Of course, we absolutely rely on the electors of the UK to cast their vote and choose the Government of the day, and fundamental to that is the idea that each vote carries the same weight. We can achieve those equal votes only through a robust system of boundary reviews. They should be regular, thorough and impartial, and it is those reviews that provide us with updated and equal constituencies.
The last implemented update of Westminster constituencies was based on electoral data from the very early 2000s. That means that our current constituencies take no account of our youngest voters, and nor do they reflect nearly two decades of demographic shift, house building and migration. That cannot be right. The purpose of the Bill is to update those rules. It needs to do that so that the next review, which is due to start in early 2021, can proceed promptly and deliver, with some certainty, the updated and equal constituencies that the electorate deserves.
I will run through the main elements of the Bill. With your permission, Madam Deputy Speaker, let me say at the outset that in doing this I have engaged extensively with interested parties, including representatives of the parliamentary parties and electoral administrators, to ensure that these proposals are as good as they can be.
As I mentioned at the start, the Bill will amend the existing legislation to ensure that we continue to have 650 parliamentary constituencies in the UK, as we do now. In order to achieve that, the Bill brings to a close the 2018 boundary review, without implementation. It removes the Government’s obligation to bring those recommendations of the 2018 review into effect, because those proposals would take us down to 600 constituencies.
This is a change of policy from that adopted under the coalition Government. We have listened to views expressed across the House, including that of the Public Administration and Constitutional Affairs Committee, and I am pleased that Opposition Members have stated their support for retaining 650 constituencies. We believe that the decision to move to 600 seats is no longer the right choice for the British public because circumstances have changed. In the past decade, the population has grown and we have, of course, left the European Union, which means that significant areas of policy and law making are coming back to all the legislatures of the Union, including the UK Parliament.
David Linden (Glasgow East) (SNP)
Although I welcome this damascene conversion to having 650 seats, the Minister will recall that it was not that long ago in the Committee of the Parliamentary Constituencies (Amendment) Bill 2017-19—which was sponsored by the hon. Member for Manchester, Gorton (Afzal Khan)—that she denied that argument about powers coming back from Brussels. What has changed?
Chloe Smith
It is only a shame that we are not spending yet more time in that particular Bill Committee. I have particularly regretted the hours not spent in the company of the hon. Gentleman and the hon. Member for Manchester, Gorton (Afzal Khan), who is sadly not in his place; we could have continued those most enjoyable conversations. In any case, a conversion on the road somewhere near Damascus is better than none, and it is right that we maintain that 650 constituencies. This will ensure effective representation for a growing population in the new era of self-government.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
The Minister will know that there are 1.2 million extra people on the registers across all four nations of the United Kingdom since they were done for the last boundary review; that is really good news. Given that huge increase, will she consider using the December 2019 date for the register, rather than a date in 2020, which would see the number drop because we are not able to run the canvasses across the country?
Chloe Smith
That is a really important point and a good argument. I will come to that shortly because it is, quite rightly, at the forefront of all our minds.
Let me first deal with the other two arguments that are put forward in Labour’s reasoned amendment. It is a little disappointing to see those arguments, because all political parties really ought to be able to get behind the Bill. It is the right thing to do and it is disappointing to see an attempt to block it, because we need to have equal and updated boundaries.
In Labour’s 2019 manifesto, the party pledged to
“respond objectively to future, independent boundary reviews.”
The first two points in the amendment do not live up to that. The first says that the Bill concentrates power in the hands of the Executive. That is not true; the Opposition are wrong and I will go on to explain why. As I said in response to the hon. Member for Rhondda (Chris Bryant), who has left his place, the second point in the amendment argues for less equal seats, and I cannot believe that there is a political party in this House that does not wish to see itself as following in the footsteps of the Chartists, seeking equal representation across the land.
I do not know how the Labour party does want to see itself, but it ought to reflect on what it said when it was last in government, as it agreed with the then Committee on Standards in Public Life that there was inequality of electoral quotas, which would erode equal representation. Labour did not change that, and it came to the Conservatives and Liberal Democrats in government later to put that right, bringing in the quota of plus or minus 5%. It is that which we maintain today in this legislation, and it is that which provides more equal seats and ought to be supported.
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
I agree broadly with the hon. Lady that equal representation between seats is really important, but we all know that from time to time different numbers of people register in different constituencies. When the first major boundary review took place in 1911, the boundaries were based on population census data and not on the whims of who had registered that year or not. Is there not a case now to go to that data, and then 5% possibly could be perfectly agreeable?
Chloe Smith
I understand the argument on census data, and I am grateful to the hon. Gentleman for putting it, but I do not think it is the right thing to do. I am very happy to explain why, notwithstanding the perhaps obvious point that censuses are only every 10 years—they are on a different frequency to even the amended cycle we have here in front of us—so straightaway they are not suitable because of a different rhythm. There is an important point that we ought to recognise, which is that in a census a different group of people are counted. For example, censuses, naturally, count people who are not citizens and electoral registration must count those who are eligible to vote. That is an important distinction and I think it is right that we use electoral registers as the basis of the data. Another point on which we must all agree—I am confident that he does—is that we all ought to encourage everybody to be registered to vote, because that is the core answer to his point.
Christian Matheson (City of Chester) (Lab)
When somebody from my constituency seeks my assistance, I will represent them whether they are a citizen or not and whether they are on the electoral register or not. My hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle) makes a fair point. We represent everyone in our constituencies and surely the electoral register should be based on that number.
Chloe Smith
And so do I. And so does every single Member of Parliament in this House if they are working hard for their constituents. I wonder whether the hon. Gentleman mangled his words at the end of his sentence or if he is making a different point, which is that the electoral register ought to be based on everybody whom he helps in his constituency. That could not be so, because that would, for example, put people who are not citizens of this country on the electoral register so I do not think that that is a good argument.
Let me turn to the other key changes in the Bill. It will introduce a longer boundary review cycle, with reviews taking place every eight years. We think an eight-year cycle will provide for the regular updating of constituencies, but without the disruption of constant change. The Bill will slightly shorten the timetable of the next boundary review by three months to two years and seven months. That is a one-off change which gives us the best chance of updated boundaries being in place ahead of the next general election, recognising that political parties, electoral administrators, electors and candidates need to know those boundaries in good time.
Alec Shelbrooke (Elmet and Rothwell) (Con)
Can my hon. Friend just clarify the eight-year cycle? My concern is that with five-year Parliaments we will eventually end up with boundaries coming into effect a couple of months before an election and we will be unable to get the legal parts in place.
Chloe Smith
Yes, I am happy to do that. I think there are two points to that clarification. First, we calculate broadly that an eight-year cycle would give us a likelihood of two elections under one set of boundaries and then a third election on a changed set. It is that I to which referred when I said it gives a balance between change and continuity. It is important for constituents to know who their MP is and to do as they wish to do, which is to hold us all to account. Secondly, we operate very carefully to the Gould principle, which states that we should not make changes to electoral matters less than six months before the relevant election. That is a point of practicality. It is a pragmatic thing. It is something I always have in mind when working on elections with those behind the scenes as the Minister with responsibility for election policy. I can give my hon. Friend and the House an assurance that we want the principle to be in place here. There should always be a clear six months between changes to how elections are run and the running of elections.
Jim Shannon (Strangford) (DUP)
Whenever the constituencies are altered, as they could well be, can the Minister give the House an assurance that constituencies will not change without the input of constituency associations, MPs and communities?
Chloe Smith
Yes, I certainly can, very straightforwardly. The public consultation elements of the legislation stay in place. We think that is very, very important, so that everybody the hon. Gentleman lists has that chance. There is ample public consultation where they will be able to put their views and help to get the right results for communities, which I think is very important.
Fay Jones (Brecon and Radnorshire) (Con)
I know this Bill is very much in its infancy and there is a long way ahead, but as I represent the largest geographical constituency in England and Wales, it would be remiss of me not to point out that we need to consider the needs of rural communities. Our needs are stretched and our needs are different, so I urge the Minister to work closely with rural communities as we design this Bill.
Chloe Smith
I thank my hon. Friend for that point. As she rightly says, there are aspects of community that really come out when we are thinking of rural seats, just as they do in respect of urban and suburban seats. I know that all such arguments will be brought out to the Boundary Commissions as they undertake their work after this legislation passes. I can also reassure her that a specific point in the factors the Boundary Commissions have to use deals with particularly large constituencies, and that one remains the same. She may have it mind, although I do not think her neck of the woods gets quite to that size, but she will know the one I am referring to.
Let me return to the things the Bill changes. It will improve the timings of the public hearings that form part of that extensive consultation process I was just referring to. The hearings will be moved to a little later in the boundary review timetable so that they can targeted to areas where interest is greatest. That often becomes clear only as a review gets going. The Bill will also improve the way the Boundary Commissions have to consider local government boundaries. They are one factor the commissions may take account of when they develop their proposals. Currently, they may consider only those local boundaries that have been implemented at a local council election prior to the start of a review. The Bill lets the Boundary Commissions take into account not only the local boundaries that exist at the beginning of the review, but prospective boundaries—ones that have been formalised in legislation but not yet used in an election. That measure will help to keep constituency boundaries better aligned with local government boundaries, for example, by taking into account forthcoming amendments to council wards in London, Wales, Wiltshire and Cornwall, should the orders for those areas be made by the time of the review.
Andrew Rosindell (Romford) (Con)
In London, a lot of boundary changes are taking place in my borough of Havering, but the pandemic has meant that they have been delayed—the decision has been delayed from December until early next year. Will the Minister confirm that that will not preclude us from using the new boundaries when we look at the constituency boundaries under this review?
Chloe Smith
Yes, I can confirm exactly that. My hon. Friend illustrates the point I have just made; the intention of that improvement is indeed to allow prospective local government boundaries to be taken into account.
Lloyd Russell-Moyle
On local boundaries, in Brighton our average ward size is 10,000 whereas in Birmingham some of the ward sizes go up to 20,000. The difficulty of having only a 5% variance is that inevitably in urban areas we will have seats that are cut, confusion for the electorate and MPs often having to cover three council areas. Is there not a case for allowing the Boundary Commission at least to weigh up these things on an equal standing, rather than requiring them always to be subordinate to the numbers and not to the community?
Chloe Smith
I think the hon. Gentleman will find that that remains in the legislation that is already in place. I was going to come on to that in just a moment, giving the list of factors that must be taken into account, but I can assure him he will find what he asks for in that list.
Alec Shelbrooke
I am grateful to my hon. Friend for giving way. I will listen to what she says next, and I will come on to this in my speech, but I just want to get her view on it. What is the reasoning behind trying to keep the boundaries within one local authority? My constituents, for example, have no idea what the boundaries of my constituency are and whether they are within the boundaries of North Yorkshire County Council, West Yorkshire or Leeds City Council. I want to probe her on why she thinks it is important to stay within local authority boundaries.
Chloe Smith
That is not exactly what I have said. What I will make clear in just a second is that there is a list of factors that the boundary commissions must have regard to in the determination. I am not saying that any one of those factors is better than the others, and neither are the boundary commissions. There is a list of factors set out in the existing legislation dating from the 1980s, and we are simply saying that we leave that as it is. He will find the answer to his concern there.
Let me talk about how the proposed constituencies will be brought into effect. It will be done automatically by an Order in Council, without debate or approval by Parliament. I know that this is of some interest to Members. The purpose of this change is to bring certainty to the boundary review process. It is to give confidence that the recommendations of the independent boundary commissions will be brought into effect without interference or delay. There will be no change to the Government’s obligation to give effect to the recommendations of the boundary commissions. In fact, as part of this measure, the Secretary of State’s current ability to amend the Order in Council if rejected by Parliament will be removed. The Executive’s power will, if anything, be reduced.
If this Bill does not proceed today because it is blocked, as Labour Members want to do, they will leave more power in the hands of the Executive. Of course, they used that power—or, should I even say, abused that power—in 1969, when the Labour party intentionally blocked the independent boundary review’s recommendations. We do not think that that is the kind of thing that should happen.
We think that, first and foremost, the boundary commissions are independent organisations. They develop their proposals through a robust and thorough process involving extensive public consultation. It is really important that their impartial recommendations are brought into effect promptly and with certainty. That avoids wasting public time and money, and it ensures the independence of the process. Countries such as Australia, Canada and New Zealand use similar approaches to those proposed in the Bill with no interference.
Clive Efford (Eltham) (Lab)
The Minister has mentioned several times consultation by the boundary commissions, but if their scope is limited by a plus or minus 5% variation in the size of constituencies, local communities are wasting their time invariably in putting forward those arguments. Is it not more important that people who have common interests and live in a common, identifiable community vote together rather than to meet these tight constraints on the size of constituencies?
Chloe Smith
I am grateful for the hon. Gentleman’s argument, but I think it is a really bad argument. It argues against having equal sized constituencies, which is fundamental. If we want to be able to say that we have a first-past-the-post system that operates as fairly and respectably as it can—as it does in the other countries that I just named, and as it ought to in this country—we need to have equality of seats. It is incredibly disappointing that the Opposition are arguing against that, and I do not really understand why they are. It goes with the other really poor argument in their reasoned amendment, which I just finished dealing with.
Andrew Rosindell
The Minister’s point is absolutely correct—we do have to have balanced boundaries—but does she agree that that can be achieved by having smaller building blocks, like polling districts, rather than huge wards that change from one constituency to another? If the boundary commissions used smaller building blocks like polling districts, it would avoid communities being broken up.
Madam Deputy Speaker (Dame Rosie Winterton)
Order. We must have short interventions. A lot of people want to speak. I am sure the Minister will be winding up fairly soon, but if everybody wants to get in, Members should bear that in mind.
Chloe Smith
Thank you, Madam Deputy Speaker. Perhaps I had better make progress and take no further interventions. I will endeavour to speak as quickly as I can to cover the remainder of the important content.
Let me turn to the permitted tolerance in electoral quota, which relates to the plus or minus 5% point that we have just touched on. The rules on that have been in place since 2011, and they provide that the boundary commission has to develop proposals on the basis that all constituencies are within a 10% range of the average constituency electorate. That is known as the electoral quota. As I have been saying, that is critical to achieving equal constituencies and to votes carrying the same weight. We have systemic inequality in some of our constituencies—I could give the examples, but I will let them be seen for themselves in some of the almanacs that we normally have around us. We know that there is a problem with unequally sized constituencies.
The existing law allows a few limited exceptions to the rules, including in respect of four protected constituencies which, because of their particular geographical circumstances, may diverge from the quota. In certain circumstances, the Boundary Commission for Northern Ireland may propose constituencies that fall outside the range, and that is because of the fact that Northern Ireland represents the smallest discrete grouping of constituencies, so the Boundary Commission has less capacity in Northern Ireland specifically to meet the standard tolerance. We do not intend to add to those exceptions.
We are all absolutely passionate about representing our communities and our areas, and they all have distinctive natures—we all argue that and we all know that in our hearts in respect of the areas we represent—but I return to the central point that we are trying to achieve parity of representation for all electors across the Union and within its constituent nations. We do not think that additional exceptions are necessary, because the 10% tolerance range gives the boundary commissions the flexibility that they need to do the job, and they do that by taking into account the other factors that are set out in the existing legislation and will remain in place, to which I have referred a couple of times already. Those factors include local ties; geographical features and considerations; existing constituency and local government boundaries; and inconveniences caused by proposed changes to constituency boundaries.
We believe that the 10% tolerance will continue to allow the boundary commissions to consult openly and fully on their proposals and to adjust their recommendations in the light of the responses that they receive. The three separate consultation periods give significant opportunity to communities—as well as others in the process, such as political parties—to comment on proposals. Responses can be made in a number of ways and they really do shape the recommendations. For example, in the most recent boundary review more than 50% of the proposals for constituencies in England were adjusted in the light of feedback, so there is flexibility in the process and it is routinely used successfully.
Stephen Doughty
Will the Minister therefore urge the boundary commissions to use common sense? In the most recent review, for example, they did not take into account many sensible things. In the proposals, the Cardiff bay barrage in my constituency was split between three different constituencies. Previous reviews had listened sensibly to different geographical requirements, and things like the most recent proposals simply do not make sense.
Chloe Smith
I can promise you, Madam Deputy Speaker, that that is the last intervention I will take, but it does give me the chance to say that the boundary commissions will listen to the debates in Parliament and will perhaps hear at a different level of detail the arguments that right hon. and hon. Members put. I welcome the hon. Gentleman’s having said that; I am sure it will be listened to by those who operate the rules that we give them through the legislation.
Let me turn to the data, which is very important. Again, we do not intend to alter the long-established practice of reviews being based on the electoral register as updated by the annual canvass. The canvass is the process by which those who are registered to vote in an area are checked and verified every 12 months. Electoral data drawn from the registers in Scotland, Wales and England is further checked by the relevant agencies—the National Records of Scotland and the Office for National Statistics—and the collated information, including on Northern Ireland, is then published centrally by the ONS, so it is a complete and current picture of the situation in all four nations. From that point on, it is used by the boundary commissions. As a general rule, the data that comes after the annual canvass represents the most up-to-date, robust and transparent information source on which to base a boundary review.
Let me turn to the impact of coronavirus on this year’s annual canvass, because it is very important. This is where the reasoned amendment tabled by Opposition Members contains a good point. To state the obvious, it relates only to the immediate next review, rather than to the principles of the Bill. I assure the House that I have been looking at the issue for some time and am considering carefully the options for the next boundary review to be based, on a one-off basis, on an alternative dataset not affected by the coronavirus pandemic. I will update the House on that in due course. I hope that reassures right hon. and hon. Members that we will be able to return to the issue during the later stages of the Bill, thereby allowing us to take the time to observe the problem and get it right as a one-off this year.
In closing, let me give a further reassurance that I am working extremely closely with what we call the electoral community.
Chloe Smith
I am trying to close so that Back-Bench Members can speak, but if the hon. Gentleman wants to cut into that time, he is welcome to do so.
Nick Smith
I thank the Minister for giving way, but her most recent remarks about which register the next boundary review will be based on were a bit ambiguous. Is she saying that it will be based on the 2019 numbers or the 2020 numbers to come?
Chloe Smith
It is a logical question. I have said that I will update the House in due course on that. I am looking at several options to get the most complete and accurate data for us to use in the boundary review this year. I am not seeking to avoid answering the hon. Gentleman’s question, but I will be in a position to bring the information forward during the Bill’s later stages, when I look forward very much to completing the reassurance I am giving the House that we want to use the best data that is unaffected by the pandemic. That stands slightly separately from arguments that perhaps he or other colleagues would like to make about other types of data that should be used. I am talking specifically about how to handle coronavirus. I know that he will understand that that needs to be kept in mind.
I was about to go on to say that I am in contact with the electoral administrators throughout the sector to see, up to the very latest moment, the challenges they face and how they can be dealt with in the publication of canvass data to give the best input to the Bill and for all the other purposes for which canvass data are used—mainly helping people to register to vote.
The Bill is very important. It is technical, but its goal is simple: to ensure 650 equal and updated constituencies. The people of the UK deserve fair votes and effective representation, and to have trust in and certainty about the boundary review process that delivers those things. I commend the Bill to the House.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. Before I call the Opposition spokesperson, I give Back Benchers notice that I will impose an immediate time limit of five minutes.
Cat Smith (Lancaster and Fleetwood) (Lab)
I beg to move an amendment, to leave out from “That” to the end of the Question and add:
“this House whilst supporting the retention of 650 parliamentary constituencies declines to give a Second Reading to the Parliamentary Constituencies Bill because the Bill would disproportionately and undemocratically concentrate power over constituency sizes and boundaries in the hands of the executive, because the Bill fails to create a more flexible electoral quota allowing greater consideration to be given to local ties and community connections when drawing constituency boundaries, and because the proposed numeration date for the boundary review of 1 December 2020 risks boundaries being based on an incomplete register owing to the impact of the covid-19 pandemic on the preparation of electoral registers.”
Every single one of us in the House today represents a constituency that has been drawn up based on the electorate data of nearly two decades ago. Twenty years ago, our country and our communities looked very different. Some of our communities have grown and others have seen population decline. Indeed, in that time, 2 million more electors have come on to the electoral roll and it is time we counted them when it comes to the constituencies we represent.
We hope that the review can be completed before the next general election and that there will be no further delay. After two shelved boundary reviews, the public will not want more taxpayers’ money to be wasted on a review that does not see the light of day. We need a boundary review, and the Opposition stand ready to work with the Government on that if it is fair and the rules are not inserted or omitted on the basis of any perceived political advantage for any party.
The Bill must proceed with the aim of delivering a fair and democratic review. We want the new boundaries to reflect the country as it is today and ensure that all communities get fair representation. Those boundaries must also take into consideration local ties and identities.
I welcome the Government’s decision to reverse their previous position of reducing the number of MPs to 600. As we have left the European Union and the work of the UK’s 73 MEPs falls to this House, it would have piled a heavier workload on to fewer shoulders. More importantly, it would have handed further power to the Executive, because reducing the number of MPs while refusing to cut the size of the Government payroll would create a dangerous level of Executive dominance at the expense of Parliament and our democracy.
Welcoming the return to proposing 650 MPs brings me to the last two wasted reviews on the 600 figure. With two abandoned reviews, we are in a farcical situation with boundaries. While Tory Ministers argued with their Back Benchers, public resources flooded down the drain. Millions of pounds of taxpayers’ money has been wasted. The unfinished 2013 review cost British taxpayers £7 million. It wasted the time and expertise of the boundary commissioners in working towards a target that was destined to be scrapped, and the 2018 review was equally wasteful. In a written question, the Government estimated the cost at £8 million. The Government have not provided a recent figure on that, but I have given the Minister the opportunity to do so by tabling a written parliamentary question asking just that.
However, one of the biggest concerns that the Opposition has about the Bill is the Government’s decision to end parliamentary oversight of the process. It is yet another attempt to diminish scrutiny over executive power. Parliamentary oversight is fundamental to the democratic passing of a Bill, and this Bill is no different. The Minister says that it is to stop MPs blocking new boundaries, but in the last Parliament it was her Government who never tabled that review for a vote, so we will never know the outcome of a vote that never took place.
The process of needing MPs to vote for the final report from the commission is an important safety net, because without it we would now have just 600 MPs here today. When the Government wanted to go back to 650, it was that safety net that allowed them to do so and make that happen, but removing parliamentary scrutiny is worrying for the future integrity of our democracy. This loophole allows a power grab, with no parliamentary backstop to limit the dominance of the Executive. The Government have not shown any regard for the primacy of Parliament. Indeed, the unlawful prorogation of Parliament is a case in point.
I note the remarks that the Minister made about the enumeration date in the Bill of December 2020. I am glad that she is looking at this, and I look forward to her update to the House, because after 20 years of delay, the boundaries must reflect the electorate with the best possible accuracy. I urge her to consider ditching the 1 December 2020 register in light of the unprecedented covid-19 crisis that we are currently living through. Our councils are working flat out to support our communities at the present time, and to ask them to undertake an annual canvass at a time of social distancing when they have stretched capacity risks that register being patchy at best. So I welcome the Minister’s remarks and put on record my thanks for the hard work that all our councils are doing in supporting some of our most vulnerable residents at this time.
Lloyd Russell-Moyle
Does my hon. Friend agree that there may be a case to always link the register to the last general election? We know that that is a credible register. Other crises might come up in the future, and the Government will always have to be changing, whereas if the register is always based on the last election we will know that it is based on a mandate that people have exercised.
Cat Smith
I thank my hon. Friend for that very sensible point. What he notes, of course, is that we see a spike in voter registration when we have a general or a local election. Of course, this year there are no elections because of the coronavirus crisis, but just six months ago we had a general election in this country and we know that the December 2019 register is incredibly accurate because we saw a spike in voter registration.
We are also aware that electoral registration officers are already expressing concern about the impacts that coronavirus will have on the December 2020 registers, and the prevailing opinion is that the annual canvass is likely to be impacted in some significant way. I urge the Minister to favour using the very recent general election data of December 2019. The Office for National Statistics released that data just last week, and we saw more than 1 million people register between December 2018 and December 2019, indicating that the December 2019 register is much more accurate than the December 2020 register will potentially be.
The fact that the data was published last week demonstrates the lag in collating that data. So if, for example, the Government were to continue to use the December 2020 register, commissioners would probably be waiting until May 2021 before they had collected that data from EROs and could get on with their work. Let us help the boundary commissioners begin their important work as soon as possible by using the data published last week, which we already have, relating to December 2019 and the general election.
Ian Paisley (North Antrim) (DUP)
Does the hon. Member accept that one of the key issues is to ensure that the electoral officers are properly sourced, supplied and located across the various constituencies? One of the problems in the last election was that because there had been a refurbishment and, indeed, a reduction in the number of election officers, there were errors in sending out people’s polling cards and some people did not know who in their household could vote. Does she agree that this is a good opportunity to ensure that electoral officers are properly supplied and in the right locations?
Cat Smith
I thank the hon. Member for giving me the opportunity to put on record my concerns about the overstretched nature of electoral returning officers in our councils right across the country. Cuts to local government have not protected electoral returning officers and the resources that they are working with.
Turning to the issue of the electoral quota, I know that Members across the House will want to highlight their concerns about the impact of this boundary review on communities in their constituencies. Community has never been stronger than during these troubling months. Right across the country, we are seeing communities come together to support vulnerable people, and now more than ever, community connections must be valued and respected. However, the restrictive 5% quota tolerance in the Bill flies in the face of protecting community ties. I know that many of my Welsh colleagues are planning to speak this afternoon, and they will highlight some of the geographical challenges the quota throws up—by which I mean mountains dividing constituencies. In Devon and Cornwall, the Government have repeatedly ignored the historic and proud identities of those counties. Boundaries based on strict numbers that ignore identities do not carry community support, as we have seen with the so-called Devonwall seats in the last review. Will the Minister ensure that there is no Devonwall seat in this Bill? I suspect that Cornish MPs might want to table an amendment to protect Cornish identity. If they were to do so, would the Minister back them?
As the Minister knows, there is consensus among respected experts such as Ron Johnston, David Rosser and Charles Pattie, who agree that the 5% rule causes significant disruption to community boundaries. Indeed, they concluded that the substantial disruption on the map of constituencies in the aborted sixth review was not entirely the result of the reduction of the number of MPs from 650 to 600; their report showed in detail that disruption was caused by the introduction of the uniform national quota and the 5% tolerance. I commend to the Minister the private Member’s Bill introduced by the hon. Member for Wellingborough (Mr Bone), which suggests a 7.5% quota. Communities across the UK will be more representative if a wider quota is introduced. Why is the Minister refusing to accept the evidence and introduce a quota that would be better for everyone?
John Penrose (Weston-super-Mare) (Con)
Is this not an example of the prayer of St Augustine—grant me chastity and continence, but just not yet? If we are going to do this, let us do it right and let us do it now. The hon. Lady is making an argument for perpetuating inequity.
Cat Smith
I completely dispute the hon. Member’s argument; that is absolutely not the case. I am very keen that the Government should be able to get on with this boundary review. I want new boundaries to be in place ahead of the next general election, because at the moment we stand in this House representing constituencies based on data that is two decades old. We should absolutely move on from the status quo, but I am saying that we should ask for a quota of 7.5%, because we could then keep community ties together and represent constituencies that actually look like the communities we stand here and claim to represent.
Alec Shelbrooke
The hon. Lady has come on to the 5%, rather than moving on from that, but the OSCE standard around the world states that there should be a variance of no more than 10% from constituency to constituency if there is to be a fair election. Would the hon. Lady like to develop her argument in relation to that international standard?
Cat Smith
The Opposition recognise the need for constituencies to be broadly as equal as possible, but anyone who stands up in this House and says that they truly believe that all constituencies should be equal should look at the data from December 2019. If we were to take that data on how the electorate looked and say that every constituency had to be exactly equal, every constituency would have to have an electorate of 72,613. Not 72,614 or 72,612—those figures would be outside the quota. There will always need to be a variance, and it is a question of striking a balance between having constituencies that are broadly equal and constituencies that represent their community ties.
Gareth Johnson (Dartford) (Con)
The amendment does not mention 7.5%. If that is Labour party policy, would it not lead to a situation where there could be two constituencies side by side with a 15% difference in their numbers, thereby totally undermining the argument that every vote should have equal weight?
Cat Smith
The 7.5% I drew attention to is in the private Member’s Bill promoted by the hon. Member for Wellingborough (Mr Bone), so if the hon. Member for Dartford (Gareth Johnson) wants to know where the figure comes from, I suggest he speaks to his hon. Friend.
I am conscious that you want to get all Back Benchers into this debate, Madam Deputy Speaker. There are many aspects of the Bill that make sense and that we welcome—for example, giving the boundary commissioners more flexibility to use local government and ward boundaries that are yet to come into force. We also welcome the move to hold reviews every eight years. The longer cycle will limit the disruption caused to parliamentary constituencies, potentially resulting in savings, but ensuring that MPs remain accountable to their constituents, so that we are not elected to this place and our constituents are never given a chance to hold us to account in a further election.
I look forward to hearing the contributions from all Members to this important debate. It is time for a democratic boundary review, and the Labour party will not stand in the way of that. However, the Bill must not strengthen the power of the Executive at the expense of Parliament. I hope the Minister will consider changing the numeration date, given the extraordinary circumstances of covid-19.
Sir Peter Bottomley (Worthing West) (Con)
I am aware that boundary changes can make a difference to MPs and their prospects. When the boundary changes came in before the 1997 election, the ones proposed in my former seat were the best possible for me, but adverse—I would have stood and lost.
At the last moment, there was a deal between the Tory leader of Greenwich Council and the Labour leader to bring in the worst possible ones, so there was a major boundary change that allowed the hon. Member for Eltham (Clive Efford) to be elected, having not succeeded the previous time—although there is a rumour that in the previous election he held a victory party at 10 o’clock and then had to come and hear my victory speech.
The self-interest when people consider these matters is epitomised by the background paper written by the Liberal Democrats in 1982. They wanted to have multi-member constituencies, with the exception of the Orkneys and Shetland, Isle of Wight, and probably Isle of Ely as well—all three Liberal-held constituencies.
In the same way, people look at the article by Colin Rallings and Michael Thrasher, published in Parliamentary Affairs, volume 47, issue 3, in July 1994, in which they describe very calmly what the Labour Government tried to do in 1969, which was put through primary legislation to avoid the boundary commission proposal being implemented.
When the House of Lords blocked that, the Government were not going to take any action at all until court action forced the then Home Secretary, James Callaghan, to put it to the House of Commons; and then they had a three-line Whip on Labour Members to vote against the boundary changes. I regard that as showing that some people look at these matters in the light of self-interest.
If we had made the change to 600 MPs, the Worthing constituencies—that of my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) and my own—would not have changed; we had the right number of electors. I would be disappointed if, with 650, there had to be changes, but I doubt they would be very significant.
However, the next time we have a Bill like this one, the Government may want to consider whether they really want to say to the Electoral Commission that the number has to be exactly 650 or 600-and-something, or whether they could allow a margin of appreciation if that would help to solve a particular problem. Last time, the Isle of Wight argument resulted in two proposed seats; that sort of flexibility could be useful. I am not saying that we should change the Bill now, but when we consider what to do in the future, we should do that.
My last point is perhaps the most important one. We ought to use the electoral register as the Government propose, but much, much more effort should go in to making that register full.
I have attended various discussions over the years in which people say we should use mobile phone records and other ways of checking and double checking, and actually inviting people to come on to the register, and saying that if they do not, they are not complying with the regulations and the law.
I hope that people will realise that going on the electoral register is right, necessary and helpful. Then, we will not have to face the argument that we ought to use a previous general election register, which with five-year Parliaments or anything like that would be three, four of five years out of date, instead of being as up-to date as possible.
Each of us has a great relationship with our constituents and our constituencies, I would like to mention an NHS hero, the Reverend Father Dr Biji, who for many years was the vicar of the Jacobite Syrian Orthodox church in Harold Hill in Romford, who was also a hospital chaplain on the south coast, and who has sadly died. In his memory, I use the words on his church website, which come from John 10:11:
“The good shepherd gives his life for the sheep”.
David Linden (Glasgow East) (SNP)
I am glad to see that the Lord President of the Council is back in his place, because I want to put this on the record in relation to this afternoon’s conduct. We were told we were coming back to the House so that we would have more time for parliamentary and legislative scrutiny, but rather ironically the time we have for this debate has been curtailed by chewing up the best part of two hours to vote. I want to let the Leader of the House reflect on that.
Coming into the Chamber today gave me a sense of déjà vu. That is not because it is the first time I have been back in Parliament since lockdown started, but because I feel that we have been debating boundaries for many years now.
It is genuinely a delight to be Front-Benching today alongside the Minister and the hon. Member for Lancaster and Fleetwood (Cat Smith), because in the last Parliament the three of us spent what felt like a huge portion of our lives on the Public Bill Committee that considered the Parliamentary Constituencies (Amendment) Bill, which was brought forward by the hon. Member for Manchester, Gorton (Afzal Khan). I would be willing to wager that it is the only Bill in parliamentary history where all three Front Benchers went away and had children during the consideration of the Bill. However, little Rosamund, Eli and Jessica now have the dubious title of being children of the Parliamentary Constituencies (Amendment) Bill.
While the Bill of the hon. Member for Manchester, Gorton fell during not one, but two Prorogations—one of which was deemed unlawful—it was certainly helpful in setting down a marker for where we are at today. His Bill sought valiantly to fight off plans from the Government to reduce the number of seats in this House from 650 to 600. As many of us argued back then, reducing the number of MPs, particularly with new legislative powers coming back from Brussels, would have been a bonkers proposal and flies in the face of the argument about cutting the cost of politics, particularly given the ever-expanding House of peers along the corridor.
I genuinely welcome the U-turn made by the Government to stick to 650 seats, although I say again to the Government that if they are genuinely interested in constitutional reform and want to slim down the size of the UK legislature, some of us would be very glad to see 59 fewer seats in the House when Scotland becomes independent.
I am glad that the Government have seen sense and abandoned the proposal to cut the number of MPs with the implementation of new boundaries. The boundaries do need reviewing and on that the Minister will find cross-party support. Indeed, my current constituency boundaries have been in place since I was 15 years old, and the constituency has seen significant house building since then. One street in my constituency—Sword Street—has three Members of Parliament. Like the hon. Member for Lancaster and Fleetwood, I disagree profusely with elements of the Bill, and for that reason the SNP will support the reasoned amendment in the name of the right hon. and learned Member for Holborn and St Pancras (Keir Starmer).
My first and immediate concern with the Bill relates to Scottish representation in the House. As I alluded to earlier, Scotland currently is entitled to 59 seats in Parliament. Although many of us would not wish to see Scotland being governed from London at all, that is the current constitutional reality for now. Based on the proposed electoral quotas, we would probably see Scotland going down by two or three seats to the advantage of England, which strikes me as being wholly unfair.
Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
Does my hon. Friend agree that the electoral quotas proposed in the Bill risk reducing representation in rural Scotland even further, particularly in the highlands? I already face a 110-mile round trip to conduct my advice surgeries. My colleagues have to travel on small boats and go to overnight stays to conduct their duties in their constituencies. The quota proposals are a real risk for the representation of people in Scotland, particularly in rural areas.
David Linden
I am grateful to my hon. Friend for making that point. He has put that on record, and it rather serves to reinforce the view that when legislation is drafted up in the Cabinet Office by Ministers, they take no cognizance at all of the situation in rural Scotland, from where Members of Parliament, such as him and my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), have had to travel for probably the best part of a day to get here—some of that just within their own constituencies. It is a point well made and something that the Government would do well to reflect upon.
Douglas Ross (Moray) (Con)
When the hon. Gentleman speaks about constituencies and large areas, he will obviously be aware of the Scottish Parliament, where regional Members in the Highlands and Islands represent 44% of the landmass of Scotland, which is bigger than Belgium. The Parliament he is so keen that all Scottish representatives should go to currently has a system that is represented by MSPs covering large geographical areas.
David Linden
I am afraid that on this one the hon. Gentleman is at risk of comparing not just apples and oranges, but apples and avocados. He knows quite well that the Scottish Parliament has a system whereby there are constituency Members of the Scottish Parliament and regional Members of the Scottish Parliament. I am afraid that he is conflating two issues, and perhaps doing so deliberately.
As I say, based on the current electoral quotas, we would probably see Scotland going down by two or three seats. That would be to the advantage of other parts of the UK, which seems wholly unfair. It certainly does not ring true with what people in Scotland were told in 2014, during the independence referendum. Back then, we were told that we should lead the United Kingdom in the event of a no vote. On the contrary, we have probably never felt more excluded, more isolated and ignored in the UK, as has certainly been highlighted by the Brexit process.
To be clear to the Minister, we must remain with 59 seats in Scotland. I think any Member of Parliament who represents Scotland in this House should be getting behind that argument, regardless of party. However, the Government are not guaranteeing that at the moment, so I will seek to push this by way of amendment when the Bill goes upstairs to the Committee corridor.
Secondly, I want to turn to clause 7 of the Bill, and in particular the enumeration date, which causes difficulties for us. The registration numbers are clearly a little off at the moment, and I would expect registration in Scotland to increase next year as we approach a Scottish Parliament election, so I am concerned about the cut-off date of December 2020. I appreciate what the Minister has said about going back and reviewing that. We will certainly hold the Government’s feet to the fire on that in the Public Bill Committee.
Thirdly and finally, I am deeply concerned about the provision in clause 2(3), which I believe is a power grab, removing the role of both Houses of Parliament. It was not that long ago that Ministers, including the Lord President of the Council, spent huge amounts of time talking about the sovereignty of Parliament, saying that Parliament is sovereign and Parliament has taken back control, yet clause 2(3) specifically removes the role of both Houses of Parliament. Frankly, it is alarming to see the Executive trying to grab power over boundaries, which has led in places such as America to nonsensical partisan electoral maps. Any Members who want to do a bit more research on that should just look at the 4th congressional district of Illinois, which is frankly gerrymandering on steroids.
The Government’s explanatory notes for the Bill gloss over the fact that boundaries will
“no longer be subject to any parliamentary procedure or approval”,
instead being in the gift of the Cabinet Office and its Ministers. That is fundamentally an Executive power grab.
Mike Wood (Dudley South) (Con)
I am listening carefully to the points the hon. Gentleman is making powerfully, but does he not accept that with our parliamentary system, in which the governing party will normally have an overall majority, this is the reverse of that? It is moving power away from the Government-controlled House of Commons and giving it to an independent Boundary Commission. Personally, I have confidence in it: I have not had problems with its proposals in the past, even when they have disadvantaged my party.
David Linden
The one flaw in that argument is that in the last Parliament the Government started with a majority, and the majority disappeared. I do not think it happens to be a bad thing that we put things in front of Parliament, and if Parliament does not want them, it rejects them. I think all of us who served in the last Parliament remember the inconvenience of that and the stress that it caused the Government. I am afraid that the hon. Gentleman, who I understand is a Brexiteer, cannot have his cake and eat it. He cannot say that Parliament is sovereign and Parliament should be taking back control, and then bring forward legislation that removes the role of Parliament. That, I am afraid, is a massive contradiction.
Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
I thank my hon. Friend for giving way once again. Under these proposals, the reviews will only be carried out every eight years. That would take no account of cities such as Inverness, which I represent, where we have had exponential growth in the estimated total of population. It is now sitting at 64,000, and only today it has been highlighted in The Inverness Courier as the fastest growing city in Scotland. If that is given away, there is no ability to adjust those things.
David Linden
My hon. Friend makes a good point. Again, the Government must go back and look at this matter.
I want to come back to that point about the size of constituencies, because the Bill does not address the fact that it still allows for constituencies of up to 12,000 square kilometres. That is about eight times the size of Greater London, which has 73 MPs, with much more challenging transport links. We will seek to amend that in Committee. I hope the Government will not just use their majority to ram the Bill through, because a majority in Parliament does not mean a monopoly on wisdom.
This Second Reading debate provides an opportunity to comment on the principles of the Bill, which I have now dealt with, but, while we are on this topic, I want to speak more broadly about electoral reform. We have the opportunity now to look again at some of the injustices within our political and electoral system—perhaps we could even call it levelling things up. A new Parliament means another opportunity to test the will of the House on votes at 16, leaving behind the broken first-past-the-post voting system, which, although it has benefited me, is morally wrong and something that we need to look at again. We also need to look at abolishing the tainted House of Lords. These are issues that fall within the remit of the Minister at the Dispatch Box, for whom I have great personal respect. Although we have had disagreements about the merits of reducing the number of seats from 650 to 600, I genuinely believe that she is someone who listens and considers an argument on merit. When she had clearly done that, she came back to the House with a revised number of 650 seats.
Although I accept that the Bill will probably pass Second Reading, I very much hope that, when it goes upstairs to Committee, we can make the necessary changes to ensure that Scotland has proper representation and sensible, up-to-date boundaries that are fit for purpose for so long as we need to be here.
Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)
I welcome the opportunity to speak in this debate and I also welcome the Bill. As the Minister will know, Northern Ireland currently has 18 parliamentary constituencies and it is our view that that should continue to be the case. If one looks at the 2019 register used for the general election, they will see that, certainly, 18 seats are justified on the basis of a UK-wide quota. Indeed, the previous Bill introduced in the last Parliament proposed that Northern Ireland should continue to have 18 seats. Therefore, the main purpose of a Boundary Commission in Northern Ireland at this time will be to examine the disconnect between the local government ward boundaries, which were reviewed under the reform of local government in Northern Ireland and which have been in place now for the past couple of Parliaments, and the current parliamentary boundaries in Northern Ireland, which are based on the previous local government ward boundaries. In my constituency, for example, the village of Dunmurry is in the Lagan Valley constituency but it is also part of the new ward in Belfast City Council. Therefore there is a disconnect between the local government ward and the parliamentary ward, which causes confusion for people when they are voting at two elections, as often happens in Northern Ireland.
Jim Shannon
It is very important that the constituencies are named, and named correctly, so that people can recognise those constituencies in terms of who they represent. In Northern Ireland, we are very blessed to have 18 constituencies, which our constituents seem to understand and recognise. Does he agree that the naming of the constituencies, wherever they may be across the whole of the United Kingdom of Great Britain and Northern Ireland, is very important so that they can be recognised by people?
Sir Jeffrey M. Donaldson
I dare anyone to try to change the name of the Strangford constituency, because they will incur the wrath of my hon. Friend in at least 10 Adjournment debate interventions.
There are indeed some variations in the electoral quota of constituencies in Northern Ireland, which will need to be corrected. The largest constituency in Northern Ireland in terms of electorate is Upper Bann, with a current electorate of 82,887. The smallest constituency is that of East Antrim, with an electorate of 64,830. There is a disparity between the two electorates of almost 20,000. It is with good reason that Northern Ireland continues to enjoy the added flexibility of the 10% variation on the quota, given our distinct geographical circumstances and given the fact that there are limitations to what changes you can make in a place such as Northern Ireland, which has a land frontier with another country. Therefore, we welcome the Government’s commitment to maintain that added flexibility for Northern Ireland, notwithstanding the need to bring more constituencies within that 10% tolerance. Almost half the seats in Northern Ireland are within the 5% tolerance of the UK quota, and a further five are within 10%, so it is only six of the 18 seats that are currently outside the 10% tolerance that will need to be brought back into line.
Andrew Rosindell
Does the right hon. Gentleman agree that to keep within that tolerance, it is sometimes better to use small building blocks, such as polling districts, rather than wards? In that way, it can be done much more successfully than creating bigger areas and will help to keep communities together.
Sir Jeffrey M. Donaldson
I thank the hon. Member for his intervention and the interest he takes in Northern Ireland. He will be interested to know that the Electoral Office for Northern Ireland seems to have conspired to create polling stations that are almost exclusively a single ward anyway, and that we no longer really have polling districts that are different from the wards, in terms of where people vote, and the division and subdivision of wards. That is the nature of our local government electoral system. However, I take his point and it brings me on to my next point, which has been mentioned by other right hon. and hon. Members, and it concerns the importance of ensuring that communities have an affinity with the constituency that they represent. We really do not want to see a boundary commission splitting villages between two constituencies. That is entirely wrong. It goes to the heart of our parliamentary democracy that communities have an affinity with their constituency and their Member of Parliament, and I hope that that kind of flexibility can be included within the arrangements.
We also welcome the fact that the next boundary review, following the completion of this one, will be eight years on. I think that that is a good thing. It gives us a degree of continuity and ensures that we have approximately two Parliaments between boundary reviews. It is a sensible arrangement that we support.
I note what the Minister said in relation to datasets in Northern Ireland. Our canvass has been postponed to 2021, and our view is that the general election datasets are the most accurate, because more people register in Northern Ireland—as I am sure is the case across the UK—for a general election. Therefore, the December 2019 dataset is very accurate. I commend that to the Minister’s thinking as she considers the options available to her. I echo the point that my hon. Friend the Member for Strangford (Jim Shannon) made earlier that we should consider making that the norm for datasets and looking to the previous general election, unless there is some exceptional reason why we would not.
The new boundaries in Northern Ireland will also apply to the Northern Ireland Assembly because, of course, our electoral system means that in each of the parliamentary constituencies, we elect five Members of the Assembly by proportional representation. On the current timeframe for the review, it is unlikely that the changes will be in force in time for the next Assembly election scheduled for 2022, but it is worth bearing in mind that this is relevant not only to parliamentary elections in Northern Ireland, but to an Assembly election.
Finally, I say again that we welcome the retention of 650 seats for the UK. Given the extra responsibilities that this Parliament will have post Brexit, we believe that that is the right approach and it is one that we fully support.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
I do not want to stop the cut and thrust of debate, but I remind right hon and hon. Members that interventions possibly have the effect of stopping not only others, but oneself from speaking, because there are a lot of people who want to get in on the debate. That is just a gentle reminder.
Douglas Ross (Moray) (Con)
It is a pleasure to follow the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). I rise to speak on behalf of the people of Moray. I am very attached to my constituency, which is coterminous currently with the Moray Council boundary, which is a council that I represented originally from 2007 until 2017 and then subsequently for three more years on my election to this place. I also accept that two decades is a long time to go without any discussion, debate or consultation on the boundary of Moray and the other 649 seats represented in this Parliament. The hon. Member for Glasgow East (David Linden) said that he was 15 when the last boundary changes were made in his seat. While I was not 15, I was not old enough to vote in Moray the last time the boundaries were changed, so I think this is important. We have heard so far in this debate, and I am sure we will continue to hear, cross-party support for the need to look at the boundaries.
I listened intently, and I will look at amendments tabled by the hon. Gentleman in the Bill Committee on maintaining the 59 seats in Scotland, but we cannot ignore the fact that the average Scottish constituency has 67,200 electors, which is 5,000 fewer than the average English constituency has. It is important that there is equality across the whole of the United Kingdom—
Douglas Ross
The hon. Gentleman wants to come in, and I will allow the intervention but will not use the time that is added on for me.
David Linden
The hon. Gentleman will know that there are particular constituencies in Scotland, namely Orkney and Shetland, and the Western Isles, where there is a reason why there are smaller numbers. The figure he has quoted is therefore perhaps inaccurate; it is artificially different because of those island constituencies.
Douglas Ross
I accept that point, and it is therefore important that the Government proposal respects the two constituencies that the hon. Gentleman has mentioned—Orkney and Shetland, and Na h-Eileanan an Iar. In supporting this Bill on Second Reading and throughout the process, it is important that we recognise the geographical implications of those island communities that are represented here.
However, since the hon. Gentleman makes the point of comparing constituencies, I add that his Glasgow East constituency has an electorate of just over 67,000, yet my Moray constituency has an electorate of over 71,000, so there are variances in constituencies within Scotland as well, and it is important that we look at that going forward.
I welcome the fact that these boundaries will be reviewed on an eight-yearly basis. As I have said, the last review was two decades ago, which is a long time. Given my own circumstances in the past seven days and my own movement throughout politics in this Chamber and in this Government, I have come to consider the phrase “a week is a long time in politics” a lot; if a week is a long time in politics, two decades—20 years—is a lifetime, and I do not think it is right that we continue to represent constituencies that were made up before I could vote and certainly before the hon. Member for Glasgow East could.
I want to praise a group of people who are often unsung heroes in each of our constituencies: our local election staff. They do a power of work, and not just on elections—and sometimes elections that are not timed at the best time of year for many people. In Moray, we have an outstanding team, with our returning officer Denise Whitworth and our elections team headed up by Moira Patrick and Alison Davidson. They work all year round to ensure that the democratic decision of people in Moray and in constituencies across the country is heard. It is right that we recognise that they put in a lot of work not just during an election campaign and the count, which is always important to us, but all year round. Whether in by-elections, in updating registers, or in ensuring that people have a voice and continue to be heard, the work they do is crucial.
I was encouraged to hear the point made by the Minister—who has done an outstanding job on the Bill so far, and I am sure will continue to do so—about the improved timing of the public hearings. I have been involved in public hearings for boundary commissions, and they may not be the sexiest thing for people to go along to, but people are engaged; they are very connected with their local constituencies. Whether it is a constituency’s name, a constituency’s boundaries or the fact that a line drawn somewhere pleases some and displeases others, it is right that they have the opportunity to express their views. While they may not be happy with the final outcome, they feel franchised and involved in the process up to that point.
I welcome the cross-party support we have heard so far during the debate, but I am left confused by the Labour position. Although the shadow Minister made a good speech, having listened to it I am unsure what the Opposition are calling for in the reasoned amendment they will be pressing to a Division. Are they calling for 7.5% tolerance, because that is in the private Member’s Bill of my hon. Friend the Member for Wellingborough (Mr Bone)? In response to an intervention, the shadow Minister could not tell us if that was the Labour party position. The 7.5% figure has been proposed from the Dispatch Box but they are not saying whether that is the Labour party position. I hope that during the course of the debate, and perhaps in summing up, we get more information on that, because whether it is 5% or 7.5%, or, as others have said, the international standard of 10%, we are always drawing a line somewhere and people will not be happy just over or under one side of that line. It is important that we have that clarification from the Opposition, because that point was left hanging in the opening remarks.
I was keen to get involved in this debate because it was another opportunity to mention Moray. In some way or another, Moray will continue after the next boundary change. It is important that we can all take this Bill forward and support it on Second Reading, and I look forward to seeing its future progress through the House.
Stephen Kinnock (Aberavon) (Lab)
I start by thanking my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith) for her vital work in persuading the Government to U-turn on the vital issue of how many MPs there should be. It is absolutely right that we should remain at 650. Reducing the number to 600 would have reduced MPs’ ability to properly fight our constituents’ causes, particularly at a time when Brexit will increase the amount of legislative work that we do in this place; it would have created a significant and unfair advantage for the Conservative party, given how the new borders would probably have fallen; and it would have driven a coach and horses through the geographical logic of dozens of constituencies. I am proud of my party and our Front Benchers for securing that vital U-turn.
Nevertheless, I have a number of serious concerns about the Bill, which is why I will vote for the reasoned amendment in the name of the Leader of the Opposition. First, I have grave reservations about the proposal that the variance should be limited to 5% higher or 5% lower than the average constituency size of 72,600. That gives the boundary commissions a ridiculously small amount of leeway, which will inevitably lead to some ludicrous consequences. The unnecessarily narrow margin will split long-established communities from one another, erode local identities and divide neighbourhoods.
Many of our constituencies are built on strong local bonds. If they were not, we might as well name every constituency from one to 650 and be done with it. My constituency is a case in point. The valleys villages are linked to town hubs by local transport routes. For instance, the Afan valley connects directly to Port Talbot, while the Neath valley links with Neath town centre. A boundary change would split either of those pairings, with the geography of the area meaning that a constituent may have to travel miles to see their MP and may not know which of the two local MPs to contact about a particular issue.
This kind of painting by numbers approach to the boundary review would erode trust in our democratic processes. Polling shows that trust in politicians and politics is worryingly low, so breaking our historic communities up along artificial lines would be utterly self-defeating. I therefore urge the Government to increase the electoral tolerance from plus/minus 5% to either 7.5% or 10%. I think this issue needs to be hammered out in Committee—I would like to see detailed proposals on it—but plus/minus 5% is clearly too low.
My second concern is about parliamentary oversight. If we want to protect our democracy, why will the Government not allow the boundary commissions’ changes to be brought back to Parliament for it to scrutinise? This is nothing short of a constitutional outrage, but it should come as no surprise; we have seen how the Prime Minister likes to play fast and loose with democratic principles. We saw his Prorogation of Parliament last year—not once but twice. The first was deemed illegal, and during the second he misled not only Parliament but the Queen. We also saw his reluctance to allow scientific advisers to answer perfectly legitimate questions at the 5 pm press conference last Tuesday.
There is the potential for gerrymandering. The process is too opaque, and there are concerns and scepticism about the possibility of pressure being applied by the Government on the boundary commissions. If the Government have confidence in this process, why will they not allow Parliament to scrutinise the final proposals?
The final point I would like to make is about which electoral register will be used to reshape the constituencies. The Government say that they will use the register as it stands from 1 December 2020, but there is a danger, with the pandemic and the recovery absorbing so much focus, that people may drop off—particularly students—and the lists may not be an accurate representation of numbers. It would make far more sense, as my hon. Friend the Member for Lancaster and Fleetwood made clear, to use the electoral register from the 2019 general election, to have more accurate data.
I hope the Government will heed the concerns of myself and others. We cannot allow arbitrary lines to divide our communities. We must complete this process in a truly democratic manner by debating the final changes in both Houses, as is customary, and we must use the most accurate data available.
Gareth Johnson (Dartford) (Con)
We all know that boundary changes are long overdue. We have all heard about the anomalies around the country, with some seats knocking on 80,000 to 90,000 electors, and others having only 40,000 to 50,000 electors. That cannot be right. The debate should be about what will happen later, when we are rowing with the boundary commission about its recommendations for our particular area, rather than the principle of changing the boundaries. This is all about fairness. It is about ensuring that, when you go to a polling station on election day, your vote is as worthy as that of somebody else in a neighbouring constituency. That seems to be the basic principle behind this.
I very much agree with what the shadow Minister said about the principle of changing from 600 seats to 650 seats. It is a welcome measure, because since that policy was introduced by the coalition Government, we have had the Brexit referendum, when it was decided that we were going to be leaving the European Union. As a consequence, more laws will be dealt with here, requiring more scrutiny in this House, as opposed to the European Parliament. It would seem odd to have fewer MPs here trying to scrutinise more legislation.
Sir David Evennett (Bexleyheath and Crayford) (Con)
Surely keeping 650 seats will make it easier to keep communities together, rather than split them up. One of the problems with the proposal of 600 seats was that communities were split up, and communities are the basis of our constituencies.
Gareth Johnson
My right hon. Friend makes an interesting point, because having 650 Members of Parliament means that we represent fewer constituents.
The Labour party manifesto had only one clear commitment about boundary changes, and that was to have 650 seats. They have got that, and yet still they want to refuse to give the Bill a Second Reading, even when they have been successful on the main policy in their manifesto on boundary changes.
I agree with the Labour party that, had we stuck with the original policy and gone back to 600 MPs, we would have seen a decrease in the size of the legislature, but the Executive would have stayed the same size. That is a valid argument for saying that there would be a disproportionate impact on the House if we went back to 600 seats. But that is not happening, and I therefore find it slightly odd that we are not seeing some support from the Labour party.
We have been accused of not paying enough interest in local communities by not having an electoral quota of plus or minus 7.5% or 10%—I am not quite sure what the Labour party policy is on that. If that were the case, we could have simply taken the electorate of the whole country and divided it by 650, and that is what the boundary commissions would have had to implement. That is far from what we are doing. What we are doing is recognising that in three separate areas of the country, there are particular circumstances which mean that they do not have to comply with that leeway, but around the rest of the country, there is the ability to have plus or minus 5%.
The Labour party should be following us through the Lobby—after an hour or so—and supporting us in this. We should be together on this, because I think we can all support the general principle that each person’s vote has equal weight. I accept that MPs are naturally nervous when it comes to boundary changes. Nobody likes them, and we should not have them too often. We work very hard to try to get to know towns, villages and individuals, to build the important bond that exists between a Member of Parliament and his or her constituents. That is a fundamental principle of British politics. Every time that we have a boundary change, we can lose whole communities with the stroke of a pen. It is therefore only natural that we should be very nervous about the whole process. But those arguments come later down the road, when the recommendations come from the Boundary Commission. The commission is, by the way, an independent organisation that is chaired by Mr Speaker, whose deputies are judges who will scrutinise the whole process. It is a non-political process that is entirely independent and free from this House. We should be proud of the system that we have in this country, as it cannot be gerrymandered easily.
I ask the Labour party to reconsider its position. It has got what it said it wanted in its manifesto; that is now the policy of the Government. There is nothing in the Labour manifesto or its official policy about plus or minus 7.5%. The only thing that the amendment specifies is the number 650, and we have got that. The rest of it is platitudes and generalisations that we can argue about in Committee and so on. The basic principle—that we need boundary changes in this country because we are 20 years and counting behind—remains. That is a general principle that the Labour party should be able to get behind.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. There have been a number of interventions, which are putting pressure on other speakers. I will therefore reduce the time limit to four minutes after the next speaker.
Mr Toby Perkins (Chesterfield) (Lab)
I enjoyed the speech of my hon. Friend the Member for Aberavon (Stephen Kinnock). If he had been here in the 2010 to 2015 Parliament, he would have heard many of the arguments that he has made today in the debate then.
We heard from the right hon. Member for Bexleyheath and Crayford (Sir David Evennett). I presume that back in 2010, in spite of what Labour was telling him, he voted for the Parliamentary Voting System and Constituencies Bill, which proposed reducing the number of seats down to 600, and he now says that it was actually that reduction which meant that communities got split up. But actually, from looking at each individual region in the Boundary Commission’s proposals, it was very clear where it had started its work and where it had finished. The work at one end of the region was quite neat, but by the time the commission had got to the last few seats there were really odd constituency boundaries, because of the narrowness of that plus and minus 5%.
The hon. Member for Dartford (Gareth Johnson) spoke about the importance of every vote being equal. He ought to be careful; the way he was talking, he sounded like a bit of a proponent of proportional representation, and I am sure that that was not quite what he meant. There is a reason why some of us are against that, and it is that precious constituency link. All of us who have been Members of Parliament and have gone back to ask for votes on second and subsequent occasions—and know how important the work that we have done for our constituents has been in that regard—will recognise the importance of the link between a voter and the place that the Member seeks to represent.
I am very lucky. I am the Member of Parliament for Chesterfield, and what Chesterfield is very clear. The vast majority of people in my constituency are in the Chesterfield borough. Two wards of the Chesterfield borough are in the North East Derbyshire constituency, but most people in my constituency are very clear about where they are from. There are many other constituencies where it is much more opaque, and the more narrowly we draw the plus and minus tolerance level, the more difficult it is for the Boundary Commission to put together proposals that take those things into account.
When we remove the parliamentary scrutiny, many of the people who are speaking up for absolutely the right reasons now may come back and say, “I still think I was right to vote for that Bill, but it is the Boundary Commission that has come up with these proposals. If only they had done it different in my constituency and given me this ward, it would all have been okay.” But it is the domino effect of all the other different constituencies that makes this very difficult to achieve. Members of Parliament are taking their constituencies and communities in their hands when they propose and vote for this narrow tolerance level, alongside the removal of any element of parliamentary scrutiny.
The hon. Member for Dartford said a few moments ago that there should not be any disagreement about the overall principle that we need boundary changes, and of course there absolutely is not. I recognise that boundary changes are an integral part of reflecting the fact that our communities change in size and that there is population shift over any period of time, so I absolutely recognise that the process needs to happen. It is all about how narrow the constituencies are, so that we retain the importance of that constituency link, and how regular the boundary changes are, because if voters move into different constituencies from one election to the next, it takes quite a long time to educate people about who their new Member of Parliament is and for Members to build up a relationship with new communities and to understand the issues in those communities. The principle of whether we have boundary changes is not at stake; what is at stake is how we operate. If many of the things that the Labour party argued for when we discussed parliamentary constituencies in the 2010 Parliament had been supported, the Government would have got the boundary changes they wanted, rather than finding 10 years on that they were never actually introduced. That should disappoint all of us who believe in democracy.
I shall make one final point. The likely outcome of the Bill will be that a city like London, where we have seen huge growth in population size but which has a transient population that is less likely to register than the population in some other areas, is likely to see a reduction in its number of seats. That cannot be right in a democracy if we actually want constituencies to reflect the number of voters. I would really like the Government to consider that issue in Committee.
Kate Osborne (Jarrow) (Lab)
As one of the new intake of MPs from the 2019 general election, I was not able to contribute to the debate when the Boundary Commission published its previous proposals, but I do know that those proposals impacted heavily on the Jarrow constituency—from gaining more wards from the neighbouring Gateshead area to losing the Cleadon and East Boldon ward to the neighbouring constituency of South Shields. I am immensely proud to represent the Jarrow constituency, and with that in mind I will closely monitor the Bill as it proceeds through the House and see what proposals are introduced. I assure my constituents that if any proposals would have a negative impact on the Jarrow constituency, I will dispute them every step of the way.
My constituents are proud of their history but, as with large parts of the north-east, they will never forgive prior Conservative Governments for decimating their proud industries and Conservative Governments to this day always leaving the north-east behind. I believe that the north-east is one of the regions that will be most negatively impacted by the boundary review, although I hope that I am proved to be wrong. Our local councils have been stretched to breaking point throughout this pandemic. How do the Government expect local authorities to provide the up-to-date electoral information necessary for a boundary review when they are working on the frontline of this crisis, providing vital support to our communities? I will closely scrutinise any future boundary review proposals, because all proposals must benefit our democracy and not just the Conservative party.
I am pleased that the Government have agreed to Labour’s call to scrap plans to reduce the number of MPs from 650 to 600. The previous plans to remove 50 MPs would have weakened Parliament’s role. With MPs’ workload set to increase after Brexit and the current global health crisis, it would have been wrong to go ahead with such changes. A reduction in the number of MPs is quite simply a threat to Government accountability.
However, I certainly will not support the Government’s undemocratic proposals to remove any parliamentary scrutiny from the boundary review process. Parliament has always had the final say over such crucial legislation, and the removal of parliamentary scrutiny is worrying for the future integrity of our democracy. The proposals from the most recent boundary review, based on 600 seats, did not go ahead because they did not command a majority in Parliament. Had the 600-seat review been in this Bill, it would have passed with ease. I remind the House that this is the same Government who prorogued Parliament illegally, so we know all about what they are capable of. We cannot assume that the Government will not use the lack of parliamentary oversight to push through detrimental changes to the number of MPs. We will and must resist any attempt to gerrymander the electoral map, but if the Government force the changes through, they can be sure that I will fight any negative proposals against my constituency of Jarrow every step of the way.
Alec Shelbrooke (Elmet and Rothwell) (Con)
It seems that this afternoon in some of the debate we are dancing on the head of a pin. We all seem to be in favour, and we are now down to whether the variance should be 5% or 7.5%. I come back to the point I made earlier. Organisation for Security and Co-operation in Europe international standards recommend a variance of 10%.
It is clear from the debate so far that people are worried about the splitting of communities. A lot of that is because the Boundary Commission takes the approach of building on wards. I probed the Minister on this earlier, and was grateful for the analysis that she gave. As she said, the Boundary Commission is following the rules that have been set down. What needs to change is the idea of following county boundaries and local authority boundaries. You know what? Our constituents really do not care whether their MP happens to have in other parts of the constituency council areas from another authority. Today constituents just tap in their address to find out who their MP or councillor is. I doubt that people in the south of my constituency know the small villages in the north of it.
In fact, many of my constituents are surprised at the size of my constituency in the city of Leeds. There are eight constituencies in the city. One seat is a third of the geographical area. So it is difficult to see where the argument lies for the Boundary Commission saying, “We must keep constituencies within a local authority because it confuses people if we don’t.” It does not. People are only interested in who their MP is and who empties their bins. They really do not care which other bits of the constituency might have other bits in it.
On that basis, by far and away the most sensible thing that the Boundary Commission can do in this electoral review is, as my hon. Friend the Member for Romford (Andrew Rosindell) has said several times, to build on polling districts, which are much smaller. To put that into perspective, in the city of Leeds the wards are simply too big to build at 650 seats, even with plus or minus 7.5%. The commission has to split wards. Oddly, I have a polling district in my constituency, not just a ward, that is split between me and the Leeds East constituency.
The reality is that we all love our constituencies. I absolutely adore my constituency. It is my home, my community. I am into my third decade of living in my constituency. It is a matter of huge pride and honour every day I come into this place that I represent my home area and people. It is breaking my heart to lose any of my constituency. No one wants to say, “Well it is time to lose this bit here”; the reality is that my constituency is too big. It will have to have areas chopped off it. That breaks my heart because I love every single part of my constituency, from the mining heritage to the farming heritage to all the areas around. I have seen how it has grown in the years I have lived there—decades, now. It is very important to me, and I represented it on Leeds City Council before I was honoured to become its MP.
If we build on polling districts, a great number of constituencies will not have to have huge changes made to them. We may be able to keep the majority of the seats as they are and take just some areas out and put them in other constituencies. The vast majority of constituencies may be able to stay the same. That is important, because for me it is a matter of huge pride, honour and love for every single one of my constituents. It will be deeply upsetting to lose some of them, but it is going to have to happen. If we build on polling districts, we can limit the impact that the boundary review will have.
John Penrose (Weston-super-Mare) (Con)
I must confess that when I heard the Labour Front-Bench spokesman begin her remarks my heart soared. It sounded as though there had been an outbreak of agreement and peace across both sides of the aisle that we have to get on with this; that was wonderful. We all agree on the number of MPs we are going to have. That is also wonderful. Then, rather like my hon. Friend the Member for Dartford (Gareth Johnson), I started to think, “Hang on a second, if we agree on so much, how come there is a reasoned amendment?” I come back to a point that I made earlier in an intervention. I just worry that people looking into this place from outside will see a bunch of MPs arguing their own book and not being honest about it. It is the point that the Father of the House made when he said that it is very difficult for any Parliament—this one or any previous one—to talk about boundaries without seeming to be mired in self-interest. It is extremely difficult to do and it is noticeable that the process comes unstuck when either the proposals of the independent boundary commission are so contrary to the views of the Government of the day that they start looking for excuses not to pass them, or the Government of the day do not have enough of a majority, as happened repeatedly in the past couple of years, to get the proposals through and the majority of the House’s self-interest beyond the Government operates to stop a statutory instrument going through. None of that makes our democracy, MPs or Parliament look good.
There is an old saying about the difference between a hedgehog and a fox. The hedgehog knows one big thing and the fox knows many small things. We need to be more like the hedgehog and remember that there is one big thing that matters above all: fairness and equal weight of votes. It is all very well to say, “Yes, but there are all these other technical problems”, and there are—there are definitely technical problems with getting enough people to register on time and stay registered and we need to fix those—but it is not good enough for us to stand here and claim that as an excuse for not having fairness and equal votes. To use that as an excuse is like the prayer of St Augustine:
“Give me chastity and continency—but not yet.”
It is time—it is past time. We need to do this now. We need to lock it in to ensure that future Parliaments, no matter who is in Government, cannot act out of self-interest to scupper this fundamental point about our democracy. If we do not get this right, our democracy’s credibility, fundamental fairness and underpinnings are fatally weakened and undermined.
We have gone on too long without fixing the problem. I will therefore support Second Reading. I urge Labour Members to reconsider their position and cleave to this idea, while at the same time, as the Father of the House said, it is up to Government Members to accept that there are other—less important but still crucial—points about trying to ensure that we get our registration process right and better voting rolls. If we can do both those things, we will have a democracy that works and of which we can proud. We do not accept that there is a trade-off between security and accuracy when we do online banking. We should not do it when we vote at the polling booth.
Shaun Bailey (West Bromwich West) (Con)
I start by echoing a point that the hon. Member for Glasgow East (David Linden) made about today’s proceedings and pay tribute to the House and parliamentary staff who ensured that we were able to do what we have done today. Whatever our views, they have done a fantastic job in ensuring that while we are back here, we can participate as we need to.
Equal-sized constituencies with one Member, one vote and all Members being equal has been a core tenet of our democracy for nearly 200 years. I am proud of the fact that the communities I represent were at the heart of that battle 200 years ago to ensure that every individual had their voice heard, no matter where they came from, how much money they had in their wallet or how much property they owned. The likes of the chartist council at Princes End, the chartist council in Wednesbury, John Wilkes from Tipton Green, Richard Cooper from Princes End, George Browning from Wednesbury, and later Black Country suffragettes such as Hilda Burkett and Emma Sproson led the fight to ensure that a working class lad from a council house, who was told that he would amount to nothing, can stand here today in this Parliament and represent those people’s descendants.
I want to ensure that that chartist and suffragette legacy is carried on. I am proud of the fact that in my constituency, community groups such as the WMA community centre in Tipton Green and Q3 Academy in Tipton ensure that our young people can continue to access democracy. I believe that the Bill honours that tradition. If we look at what it tries to resolve, we need to ask ourselves some fundamental questions.
Is it right that in town A, half as many people can vote for an MP as those in next-door town B? Is it right that the difference between the 20 smallest and the 20 largest constituencies in this country is 675,000, which I believe, looking at my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke), is about the size of the city of Leeds. Is it right that 27 million people are reportedly being under-represented because they live in constituencies where they are above the average threshold?
I am slightly confused by the Opposition’s position on this matter. My hon. Friends have touched on the history of the Labour party in trying to block this levelling up of our electoral system. The Minister mentioned the 1969 Labour Government’s attempt to block the independent boundary review, and in 1982 Labour tried to take things to the courts but failed. The hon. Member for Cardiff South and Penarth (Stephen Doughty) is not in his place, but he made the good point that common sense needs to be applied to this at all times. I totally agree on that, but I wish to address some of the comments the Labour party has made. For example, Labour Members say that this Bill is an Executive power grab, but the basis of this is an independent, judicial-led Boundary Commission; this is taken out of the power of the Executive and given to an independent body. In addition, this is primary legislation and Parliament can of course amend or abolish it at any time. It is a basic principle of our parliamentary democracy that we, as Members, can do that if we need to, so I must disagree with the Labour party on that point.
I am conscious of the time and I wish to allow colleagues to speak, so I will just make the point that the last time the boundaries in my constituency were amended I was five years old. A lot has changed since then. Many of us have changed, with some probably changing more than others. It is time that we get this done. I say to right hon. and hon. Members from across this Chamber that if we truly believe that everyone’s vote is equal and we truly believe in ensuring that our democracy continues to grow and thrive, we must pass this legislation.
Judith Cummins (Bradford South) (Lab)
I would like to talk briefly about the last boundary review process and the failings I believe occurred regarding the Bradford constituencies. I am not criticising the commission, as I think it did an excellent job within the constraints of the rules that were set out in the previous legislation. I do, however, want to propose some changes that will improve the process.
The initial proposals of that review were extremely unsatisfactory for Bradford, producing constituencies that did not reflect the communities of our area. For example, they split my constituency across four local authorities—Leeds, Calderdale, Kirklees, and Bradford. The commissioners noted a
“strong depth of feeling against our initial proposals and a distinct ‘Bradfordian’ identity”.
Their report also said:
“Our assistant commissioners, faced…what they considered was an exceptionally challenging task in constructing constituencies in Bradford that would be acceptable to local respondents”—
and—
“that did not cause split wards.”
Their final recommendations accepted many of the arguments put forward by my constituents, and the commissioners moved a considerable way within the constraints that had been set for them. I have learnt from that experience the value that people place on their constituencies matching in the closest possible way their established community identities. That is why I believe this Bill must be used to improve the process that draws up our next set of constituency boundaries.
The commission faced two major constraints in creating constituencies that voters can readily identify with. The first was the use of whole wards as the building blocks for constituencies. In some large metropolitan authorities, these building blocks are far too big for this purpose. In Leeds, for instance, wards can contain more than 17,000 voters, and both Bradford and Kirklees have wards in excess of 13,000 electors. Working with building blocks of this size within the electoral tolerance of 5% made it impossible to create constituencies that people felt strongly attached to. I believe that local authority boundaries and people’s sense of place should take precedence over ward boundaries. To achieve this, the commission should be allowed to make use of split wards in drawing up new boundaries. The second constraint is having such a small electoral tolerance. As I have said, a 5% tolerance does not give the necessary flexibility to the commissioners. I urge the Government to give the commissioners the wider discretion of using a 10% tolerance where necessary.
Finally, I too am concerned about the impact of covid-19 on the process. Under the legislation, the boundary redrawing will be based on the electoral register from 1 December 2020. Given the Minister’s opening remarks, I say to her that there is no better time than today’s debate to update the House more fully on that point and to get on the record the options she is considering.
The Bill should give the Electoral Commission the tools it needs to produce constituencies of approximately equal size that, crucially, keep communities together within coherent boundaries. I believe the measures I have referred to would improve the Bill and produce a more democratic process for all.
Laura Farris (Newbury) (Con)
I rise to support the Bill knowing that I may well be a turkey voting for Christmas. I am a new MP, but I am reliably informed by my predecessor that when the boundary commission previously turned its attention to my seat, of its various proposals, none helped. Perhaps that enhances the force of my support for the Bill, because I give it without much to gain.
In the six months I have been a Member of this House, I have thought carefully about what it means to represent and what it means to be represented. Before consideration of this Bill, I had not been fully aware of the extent of the population disparity between the various seats. It is striking how closely the comments of my hon. Friend the Member for West Bromwich West (Shaun Bailey) resemble my own. I did not know that the seat of Ashford, with its 90,000 constituents had more than double the constituents of the Caithness, Sutherland and Easter Ross seat. I acknowledge the sensible remarks made by my hon. Friend the Member for Brecon and Radnorshire (Fay Jones) that there are important geographical considerations, but we cannot avoid the fact that a vote in Caithness has twice the value of a vote in Ashford, and to me that distorts representation. When he wrote “Of true and false democracy”, John Stuart Mill said that in a “really equal democracy” every community is represented in equal proportion. Without this, he added, there are those
“whose fair…share of influence in the representation is withheld from them…contrary to the principle of democracy, which professes equality at its very root”.
For that reason, it seems right to me that we equalise seats based on number and that the margin for variation is deliberately circumscribed.
My second point relates to the retention of 650 seats, rather than the reduction to 600. All the way through, three issues concerned me. First, I had grave concerns about whether the new super-constituencies could offer the sort of quality of representation that people deserve, just at the time we were losing the Members of the European Parliament. I was glad to see that reflected in the impact assessment prepared on 4 May. Secondly, one thing I knew about my own seat is that the 600 seats proposal lacerated some of our communities, cleaving villages from towns that had deep historical links. I hope—I will make submissions as the Bill proceeds—that we can use the preservation of 650 seats to put that right.
Thirdly, I welcomed the coalition Government’s intention to manage the cost of Parliament, but I felt it was directed at the wrong Chamber. The other Chamber comprises 783 Members and costs the taxpayer less but almost as much as our Chamber. If the Members of this House spoke honestly to their constituents and asked them how many Members of the Upper Chamber they could name, they might find that some could name none at all. I know that some Members of that Chamber are brilliant and bring expertise; I know that some of them serve in the Government and in the shadow Cabinet, and are very active in that Chamber; and I know that the vast majority adhere to the highest standards of professional conduct. But when they fall short—and some do—there is absolutely nothing the public can do, and to me that conflicts with the whole principle of parliamentary democracy.
As Ted Heath once said, those who have been appointed to or inherited seats have done in the main
“a tremendous task and we owe them a great deal”,—[Official Report, 2 February 1999; Vol. 324, c. 761.]
but I hope that in this Parliament, we will make the move—
Mr Deputy Speaker (Mr Nigel Evans)
Order. I am terribly sorry, but we have to move on to the next speaker.
Sir David Evennett (Bexleyheath and Crayford) (Con)
I am delighted to have the opportunity to say a few words in this important debate. I have been privileged to be involved in Bexley borough since 1983, as the MP for Erith and Crayford until 1987 and for Bexleyheath and Crayford since 2005. I have seen many boundary changes, and I know how difficult they are for communities and for Members of Parliament, as well as how difficult they are administratively.
Our 2019 Conservative party manifesto pledged to ensure that
“we have updated and equal Parliamentary boundaries, making sure that every vote counts the same”.
That is surely a cornerstone of our democracy, and frankly, we need to get on with this. I welcome the fact that the Government are delivering on their promise, and this Bill has my strong support. It is necessary, it is sensible, and it is important. I was disappointed with the comments from Labour Members, because there are basic principles that they support. They can discuss and debate some minor areas of the Bill in Committee, but I was disappointed that they could not give their total support to the principle.
The last boundary review proposed reducing the number of seats to 600. I believe that that was arbitrary tokenism, rather than valuable to democracy. With Britain now thankfully having come out of the European Union, we have more work to do as Members of Parliament. The Government’s decision to maintain 650 seats is therefore a good one, and I strongly support it.
A reduction in the number of seats would also have meant that communities were split up, as I said in my intervention on my hon. Friend the Member for Dartford (Gareth Johnson), which is not good for representation. My constituency in the Borough of Bexley is a collection of small towns—Bexleyheath, Welling, Crayford, Erith and Slade Green. Those communities are valued and supported by residents, local businesses and community activists. Historical and community ties matter. The boundary commissions must make those a top priority, because together with the numbers, the community interest is so important.
I welcome the fact that there will be an electoral quota. Whether it is 5% or 7.5% is something we need to discuss, and I am sure the Leader of the House will take that on board when the Bill goes into Committee. I think 5% is fine, but we can debate these things. I also believe that we need to have the most up-to-date electorate possible, to ensure that we are not looking at out-of-date registers for the size of constituencies, as we have too often in the past. That is sensible.
In terms of the review process and what the Minister said about the initial consultation period, it is good that the public hearings will be after the second proposals, which gives more time for constituents, community groups and other organisations to give feedback to the commissions before the final recommendations.
This is a good Bill, and we need to get on with it. It is a Bill that improves democracy. Change is often difficult for all of us, but it is important that this Bill goes through, that we get down to some business and that we implement our manifesto commitment. I give this Bill my wholehearted support and look forward to its passage through the House.
Rachel Hopkins (Luton South) (Lab)
I am pleased to be able to speak in this debate, as electoral boundaries have a special place in my heart—not just as a newly elected MP, but as someone whose career prior to being elected to Parliament included a thoroughly enjoyable stint some 20 years ago working for the Local Government Commission for England on periodic electoral reviews of local government boundaries. I am still friends with many of the other boundary geeks who worked there, and it is right that I declare an interest in that some of those friends and colleagues moved on to work more recently for the Boundary Commission for England on parliamentary reviews.
It would be remiss of me not to mention or thank all the hard-working electoral administrators working across our local authorities. Good democracy requires good administration, and it is important to recognise the immense efforts that many of these officers continue to make to ensure that all our constituents are accurately and appropriately registered to vote and that elections are well run and within the law—all against a backdrop of ever diminishing council budgets during the decade of austerity.
I speak in this debate with some experience of the process of making boundaries and an understanding of the public’s response to both well made and poor boundaries, and as a politician with a keen eye on the outcome of any boundary changes for the length of time I may have to serve in this place. However, I want to focus on the first two points in supporting the reasoned amendment tabled by my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith). First, the legitimacy of our democracy rests on public confidence in the process as much as in the outcome. As part of that, the process of making boundaries must be as transparent as possible so that the public can have as much ownership of the structures of elections as of the outcome. For this reason, I believe that the removal of parliamentary approval from the process is a backward step. Parliamentary scrutiny of any proposals ensures transparency of the process within the public domain and avoids any perceptions, right or wrong, of power grabs by the Executive.
Secondly, I welcome the Minister’s comments about the proposed enumeration date being set at 1 December 2020, but I recognise that the annual canvass for the electoral register this year in late summer or autumn is likely to be significantly impacted by coronavirus. If the electoral register for December 2019 is to be looked at, she might also want to look at the ONS figures, which stated that almost 500,000 people joined the register between 1 December and 12 December, so it will be really important to get accurate data.
My final point is about the variance from the electoral quota. This can have a detrimental impact on the representation of communities and on effective administration, as has already been said. If the number of MPs is fixed and the electoral quota is fixed, the only element of flexibility to support community identity and community connections is the percentage variance from the quota. That can be reflected in whether it is moved further away to 7.5% or 10%, which is something that can be debated. It can also reflect the topography in more rural areas, and it can help to better reflect the community connections in urban areas. The numbers are quite small when we look at them in the round. Finger in the air, if the quota is around 73,000, a 5% variance would give around 3,500 electors. A 7.5% variance would be around 5,500 electors. That is not much of a difference. In fact, people in this Chamber have smaller majorities than that. Maybe that is why they want to stick with the 5%. Some would say “if it ain’t broke, don’t fix it”, but I would suggest that greater flexibility in the quota helps to create better constituencies by providing for better community identity and connections with constituencies, and by ensuring greater public buy-in to any proposals.
Andrew Rosindell (Romford) (Con)
The imperative to review our boundaries is absolutely essential now. We are talking about an electoral register of 20 years ago. I know that every Member of the House will agree that it is time to get this job done, and I commend the Government for moving forward on this as fast as possible. The Bill will create a new political map for the United Kingdom that will see us through at least the next two general elections, but there is one area that needs to change, and I will focus my remarks on that.
We have an opportunity to create not only 650 constituencies based on equal numbers, but ones that are based around actual towns, communities and places of genuine social, historical, geographical and cultural connections, giving greater recognition to local ties, which unfortunately the current system often prevents. The cause of this is simple. It is the lack of flexibility that results from rigidly using whole local government wards as the main building blocks, when smaller building blocks such as polling districts could be used instead. I commend the Boundary Commission for its independence, but apart from a few exceptions, its unwillingness to divert from using entire wards instead of smaller areas such as polling districts leads to unnecessary changes and upheavals, mass confusion and people who are accustomed to being in one constituency suddenly finding themselves being transferred to an area with which they have much less or no connection. We often see communities divided as a result, and a loss of local identity.
The dismay people feel when they are shunted from their traditional constituency into another one, from which they feel totally disconnected, is damaging to our democracy, as is the failure to have continuity of elected representation. I therefore say to the Lord President of the Council, who is in his place, that I hope the Boundary Commission will be willing to include parts of wards and make smaller, incremental changes that still meet the requirements of the Bill, but make larger changes much less likely and allow communities to unite within one constituency.
It is wrong to force communities to go through massive upheavals when small changes can satisfy the numbers within the scope of the Bill, and prevent a radical and unwelcome change for both constituents and the Member of Parliament, who may have spent many years looking after a community and become familiar to local people. I could provide many examples of that. In the Rush Green community in my constituency, 3,000 people from a polling district could have been moved into the area. Instead, the Boundary Commission chose to bring in an entire ward, dividing up other communities. That approach has to change.
The Boundary Commission needs to review the way it does things to make them more sensible and more community-orientated, while keeping within the numbers set out by the Government in the Bill. This really does matter. I hope the Government will use their influence to ensure that a more flexible approach is used and mandate the Boundary Commission to alter its criteria to allow judgments based on local ties, using smaller areas, polling districts or even a road or a house if it means a smaller area being moved to meet the criteria. It could ensure that we avoid communities being broken up and avoid the radical upheavals that have caused so much unnecessary division in previous boundary reviews.
One final request: one more MP, for Gibraltar, please. They have asked for it. Let us have one more MP.
Christian Matheson (City of Chester) (Lab)
Contrary to what we are hearing from Government Members, I warmly welcome the Bill and its main provision, which is the reversion back to 650 Members of Parliament—as, I think, do many colleagues on the Opposition Benches. It is a misrepresentation to suggest that we are opposing the Bill tonight. The Opposition are entirely within their right to put down a reasoned amendment that suggests areas where we would like to see improvement. We will not be opposing the Bill on Second Reading, although we do have concerns.
I have to say that I am also a bit frustrated to hear Government Members saying that we need to get on with the process. We could have been getting on with the process two years ago, with the private Member’s Bill promoted by my hon. Friend the Member for Manchester, Gorton (Afzal Khan). It was the Government, with the lack of a money resolution, who held that process up, so we will have no more of that in the debate.
I absolutely support the idea of an independent Boundary Commission that will work independently. We do have confidence in the Boundary Commission. What is not independent, however, is the instructions that are given to the Boundary Commission. That is where the manipulation by the governing party comes in, and that is why the Opposition are right to question the judgment being made tonight. The obvious example is the strict adherence to the numbers and the primacy of the numbers over every other consideration, such as communities of interest or geographical size. That strict adherence will give distorted constituencies, especially with a tight variant from the national average. We will lose community cohesion. We will have very large geographical areas that make it extremely difficult for hon. Members to represent them. That is why—I think the hon. Member for Newbury (Laura Farris) touched on this—there has to be some disparity in the numbers to take into account other factors.
We talked about the December 2020 cut-off date being far too late and said that people will fall off the register. At this stage, I was going to talk about other areas where I believe the Conservative party, the governing party, has introduced measures of voter suppression to stop people from getting on to the register or voting. However, the Minister made a significant concession, almost, or recognition—she is not in her place now—about the possibility of having to use the 2019 snapshot, which is the most up-to-date, accurate snapshot we have. It has been published only this week, because that is how long it takes. I welcome what the Minister said, and I hope we can work with her on that.
I am suspicious of anything that removes Parliament from these processes—from any process, frankly. Parliamentary scrutiny is absolutely essential. I do not like the idea of Parliament being sidelined, even when we are discussing matters concerning our boundaries, because these matters are central to our democracy. If Parliament had been removed from the issue of boundaries, then in my area we would now have the notorious Mersey Banks constituency—it was one of those constituencies where we would have had to go out of the constituency, through another, and back into it—because the proposals would not have been able to have been challenged in this House.
I want to raise one final issue: the future of the Union. It is imperative that the Government do not allow us to get into a situation where Wales and Scotland, because of their geographical sizes and the rurality of some of their areas, take a bigger hit than England in terms of reduction in constituencies. The Union matters to me, and I believe that it matters to many Members in this House—it certainly matters to Members on the Labour Benches. If we have fewer Welsh MPs and fewer Scottish MPs, the strength of the Union will be damaged. That may be an unintended consequence, but it is a consequence that Ministers must bear in mind.
Martin Vickers (Cleethorpes) (Con)
It is great to have the opportunity to take part in this debate and I very much welcome the Bill, but, following on from what the hon. Member for City of Chester (Christian Matheson) said in relation to adherence to numbers, and I agree with him on that, may I also raise the issue of the 650 figure being absolutely set in stone? The jigsaw that we are trying to put together is very complex. If we gave the Boundary Commission a bit of flexibility, we might find that the jigsaw fits together perfectly with 652 seats or 648 seats. Giving it a bit of discretion—perhaps five or six seats either way—might make a big difference.
I think that that what would also impact on the points that were made by my hon. Friend the Member for Romford (Andrew Rosindell) and others about community identity. Too often, the numbers have taken priority over identity. My own seat has within it the seat of Great Grimsby: the Grimsby seat is an island in my constituency; it can get the extra 10,000 votes that it needs to reach the quota only by making inroads into my own seat. That also means that my seat of Cleethorpes will have to move further out. And we have a problem—this is the main point that I want to get across—with the regional boundaries, which were supposedly abolished. In actual fact, the two unitary councils in the north of Lincolnshire are part of the Yorkshire and Humberside region, and Greater Lincolnshire, the older Lincolnshire County Council and the districts, are in the east midlands. A great number of the suburbs of the Grimsby and Cleethorpes metropolis are actually in a different region. In the past two reviews, that has prevented the Boundary Commission from looking at some of the villages, which clearly identify with the Grimsby and Cleethorpes area, but which are not able to be considered because the Boundary Commission, which, understandably, has to have a template to work to, has used the regions as a boundary. There are now moves within Greater Lincolnshire towards more devolution and combined authorities. All sorts of things are being talked about, but, basically, the point is that the two unitaries and the county council area are coming closer together in terms of policy and economics.
The discretion that I spoke of earlier would give more ability to follow local identities. I mentioned Grimsby and Cleethorpes because, obviously, that is my area. There are streets in Grimsby where the footpath is in Grimsby and the road is in Cleethorpes. Woe betide anybody on one side of the road if they tell someone that they live in Grimsby or Cleethorpes. They have a distinct identity and they want to relate to the town. Grimsby is an ancient borough. Its first charter was granted by King John. It is one of those seats that has not changed its boundaries since world war two and now it will have to be judged, quite reasonably, because we have to balance the numbers, which is important.
I agree with the comments that have been made about the final decision not coming back to this House. Too often we are faced with decisions by outside bodies—independent commissions, agencies and so on—where we are told, “You, as an MP, know that the Government or Parliament have no say. We cannot overturn that.” This matter should eventually come back to Parliament.
Alex Davies-Jones (Pontypridd) (Lab)
Diolch, Mr Deputy Speaker, for calling me, and it is a pleasure to follow the hon. Member for Cleethorpes (Martin Vickers) on a topic that I know elicits strong feelings on both sides of the House.
Colleagues will be aware that I have only recently become a Member of this place—although it feels like much longer—and since the election the coronavirus pandemic has rightly been at the forefront for us all. As I continue to receive hundreds of emails every day—some relating to coronavirus, some on local issues, many on the movements of a certain special adviser—I am reminded of just how important it is that the voices across the UK are fairly represented in this place.
I echo the comments of my hon. Friend the Member for City of Chester (Christian Matheson) in welcoming the Government’s decision to agree to the Opposition calls to scrap the plans to reduce the number of MPs to 600. I will be voting on the reasoned amendment in the name of the Leader of the Opposition. It is clear that the current proposals will see a reduction in representation in Welsh constituencies. The Government claim that the people of all four nations in the UK will have equal representation in Parliament, but I disagree, and the situation in Wales is murky to say the least.
In Wales, the proposals are likely to see a reduction to about 31 seats, with many of Wales’s losses being added to England’s total. The Electoral Reform Society Cymru has been critical of the proposals, and I share its concerns that a cut in the number of Welsh MPs puts additional pressure on the already overstretched Senedd. The Senedd has faced a decade of cuts, thanks to this Tory UK Government and the coalition that came before.
It is also clear that the Barnett consequential funding formula for devolved nations such as Wales is hugely outdated and leaves Wales without its fair share. I genuinely struggle to see how Members representing seats in Wales on the Benches opposite me here can actively support and encourage a Bill that will weaken Wales’s voice in this Chamber. From a Conservative party that places so much focus on defending the Union, I am disappointed and dismayed to see Wales’s voice undermined in the Bill.
On a logistical point, a cut in representation will have a real impact on the work that MPs and their staff can take on. Tory social security cuts over the past decade, coupled with a cut in the number of representatives for Wales, will only further stretch the ability of MPs to assist constituents with pressing casework issues, including welfare support and immigration matters. A cut in the number of representatives will put pressure on many of our caseworkers, who are already overstretched.
As an MP proud to be representing my home town, I stand in this place today as a proud Unionist. The Welsh Labour Government have made excellent advances on devolved issues and protecting our close relationship with the whole of the Union across the UK. The various responses to the coronavirus crisis offer a key example of the divergence that our devolved nations can take on a particular issue. I am sure that Welsh colleagues on both sides of the House will agree that a reduction in parliamentary constituencies in the devolved nations and an increase in seats in England will only put further strain on the integrity of the Union. It is crucial, essentially and especially given our recent departure from the EU, that our democracy continues to effectively represent the Union that still exists across the UK. I am clear that Wales’s voice should not be left behind here in Westminster.
Marco Longhi (Dudley North) (Con)
Although I listened carefully to the hon. Member for City of Chester (Christian Matheson), there does seem to be the common theme that both Labour Governments and Labour in opposition seek to put up smokescreens for more and more delay, whether in getting Brexit done or indeed updating our boundaries. They are determined to delay, and one does have to wonder why.
Our seats across this nation have changed a lot since the last boundary changes over 20 years ago, and it will take a Conservative Government once again to bring about fairness and equality for the people who have put their trust in us. We see such a disproportionate size-balance across constituencies, and our electors need fair representation; it is simply not fair that some seats have as few as a few tens of thousands of electors, yet others have well over 100,000, with both just having one Member representing each group.
Dudley has just shy of 62,000 electors and last saw a marginal change in 2010, following a bigger change in 1997. I appreciate that my seat, should I—as I hope, obviously—retain it at the next election, will need to increase in size by approximately 10,000.
It would also make sense for constituencies to align more closely with local government boundaries. For example, at present, I have a single lone ward that sits with an MP in Wolverhampton, while it sits in fact in Dudley. We should be keeping communities together, and that would of course help and make sense.
Finally, the covid-19 pandemic will have had an impact on our local communities well above and beyond the awful, tragic loss of life, but the proposed review presents an opportunity to take full consideration of every aspect that the virus could have had an impact on.
Kim Johnson (Liverpool, Riverside) (Lab)
I welcome the opportunity to speak on this important Bill. However, I believe that basing the review on the number of registered electors as of 1 December 2020 will not provide an accurate or up-to-date picture of our current electorate and will have huge implications for cities such as mine with universities. The 1 December 2020 register is the enumeration date for the review, meaning that the size of the electorate on 1 December will be used throughout the new boundary review as the officially recognised size of the current electorate. I believe that that will cause many issues, as the electoral register is likely to be severely impacted by the current crisis. The coronavirus is likely to have a significant effect on the annual canvass, meaning that the registers will be less accurate and complete than other recent registers.
The constituency that I represent—Liverpool, Riverside —has an electorate of almost 73,500 and three universities, with an estimated 70,000 students living in the city. The data proposed is two decades old, but it is estimated that the electorate has increased by at least 2 million since the last boundary changes. There are also widespread concerns that, due to the coronavirus, many students will not return to their universities by December 2020, meaning that thousands of students from across the country will not be registered to vote. This will significantly skew the electoral size of university towns, where the student population is dense. As a result, constituency boundaries will not reflect the true size or make-up of the constituency under normal circumstances.
To conclude, I urge the Government to consider using the December 2019 electoral register as the enumeration date for the review. This would capture a highly representative snapshot of the electorate in the run-up to the 2019 general election. That date would also prevent any delay to the review, thereby allowing new boundaries to be in place for the next general election.
Craig Williams (Montgomeryshire) (Con)
I start by outlining my great support for the Government’s position, in terms of increasing the number to 650. My predecessor and many Welsh MPs have been labouring that point ever since the initial policy of reducing the number to 600 came out, and now we are leaving the European Union and the tier of politicians that once were MEPs in this country is being removed, the fact is that we need more Members of Parliament covering devolved areas, in terms of seats.
I have listened to a lot of people contributing to the debate. At the outset, I agree with my hon. Friend the Member for Romford (Andrew Rosindell) and the hon. Member for City of Chester (Christian Matheson) on the points that they made, in particular, about the Union and communities being built up from the bottom. Most of my wards are a lot smaller than their polling districts. That is the nature of local government in Wales, so I certainly appreciate that. The hon. Member for Pontypridd (Alex Davies-Jones) was a little unkind to say that Wales needs to retain the 40 seats, given that some constituencies are under 40,000 electors in Wales. Clearly, there needs to be some review, especially given the fact that we now have our own Welsh Parliament. There is no need for constituencies of 40,000; that needs to be addressed within this.
I am in a privileged position, having represented one of the smallest geographical constituencies with the highest electorate, and now representing one of the largest geographical constituencies with the smallest electorate. I will put a steer into the Boundary Commission about Montgomeryshire. It was formed in 1542 by the royal charter of Henry VIII, which gives Montgomeryshire some legs in this Chamber. The point I want to make to Government Front Benchers is about the variance and the geographical challenges, as well as population. Montgomeryshire is, for the initiated farmer, 537,000 acres big. For the uninitiated, that is a large constituency, so it involves a lot of travel. That is a challenge, as are large electorates and populations.
The 5% variance could do with a little kick. I have heard that the norm internationally is 10%; I would push for 7.5%, and I hope we go into that matter in some detail in Committee.
I have alluded to the point made by the hon. Member for City of Chester (Christian Matheson) about the Union. Some thought has to be given to how the Bill interacts with the constituencies of our nation in Scotland, Wales, Northern Ireland. In Wales, we have two forms of electing Assembly Members—the next time, they will be Members of the Senedd—as there are regional and constituency Members. Crossing first-past-the-post constituencies with the regions in Wales will cause even more confusion than currently exists, and I implore the Boundary Commission to look at that.
I will end, Mr Deputy Speaker—I want to allow colleagues to come in and I can see that you will be up on your feet shortly—with a plea about Montgomeryshire and other rural constituencies. This contribution could be considered as the first submission to the Boundary Commission, but we must look at the huge geographical areas, variance and the freedom to protect those communities and constituents who find it hard to relate when Members are travelling for close to two hours. It is easier to attend this Chamber in London than to get to the south of my county council area. To get from the top of Montgomeryshire to the bottom at Brecon and Radnor takes several hours.
Wendy Chamberlain (North East Fife) (LD)
The Government’s general election manifesto made the following commitment:
“making sure that every vote counts the same – a cornerstone of democracy.”
The Government are right. Our votes do not count the same. In December, it took 33 times as many votes to elect a Green MP as to elect an SNP MP—33 to one. That is a staggering inequality right at the heart of our electoral system, so I am very much in favour of making each vote carry the same weight. It seems that Members across the House agree that democratic equality is a matter of importance. To combat that properly, the only response is electoral reform, but I will leave that debate until my time with the Minister next week.
What the Government really mean by making every vote count the same is tightening the boundaries so that each constituency has the same number of potential voters. In principle, that sounds like it makes sense, but the Government’s plans do not achieve that. They propose to base the boundaries on the number of people on the electoral roll. That is not the same as the number of potential electors. Indeed, the Electoral Commission estimates that up to 9 million potential electors are not currently on the electoral roll. As we know, that marginalises groups for whom there are structural difficulties in getting on to the electoral roll. I am hopeful that the Government will consider using the December 2019 electoral roll. We should take advantage of the fact that the upcoming electoral event encouraged people to register and be enfranchised. We should promote that engagement with our process. An obvious solution to all this is automatic voter registration. I do not see why the Government refuse to pursue it. Perhaps they are following their instincts.
The single most important argument for first past the post—I think this is why many Members fail to look at electoral reform in the way that I do—is that Members represent identifiable local communities. I think that Members would agree that if we cannot achieve a sense of local representation, the idea of a one-Member constituency is undermined.
As someone who advocates a proportional voting system, were I to design a flaw in first past the post, it would be this: creating rules so stringent that MPs represent random chunks of the country and so delicately responsive that a tiny change in one part of the country will lead to a ripple effect spreading from constituency to constituency, with completely new boundaries every eight years. I agree that basing the building blocks of seats on wards leads to shotgun constituencies. My own constituency boundary splits the high street in Leven in North East Fife, but at least it is all under Fife Council. During the covid pandemic, I have hugely valued engagement with NHS Fife and Fife Council, as have my constituents.
One of the Government’s manifesto promises is to abolish the 15-year rule on the eligibility of overseas electors, and presumably legislation will be brought forward over the coming Session. They will be able to vote in the next general election, but whether the date of the electoral register used for the boundary review is this year or last, they will not be on it. My colleague, Lord Wallace of Saltaire, has tabled written questions asking the Government to estimate the number of overseas electors, and there is no estimate. We are walking blind into this. We are putting restrictive percentages in place now and then adding in an unknown number of voters at a later point, completely undermining what the Government are trying to achieve. As I touched upon earlier, the incredibly sensitive flexibility conditions will create further upheaval.
I return to where I started: the “Protect our democracy” section of the Conservative manifesto. There are a number of commitments in that section. The Bill represents the first brick in the wall, but clearly, as the issue with overseas voters illustrates, there are foreseeable problems in terms of what comes after. This may be the first brick, but the wall will end up being unstable.
Mrs Maria Miller (Basingstoke) (Con)
I commend the Minister for her powerful speech in presenting the Bill to the House. We all come here with equal power vested in us by our communities, but my voice represents a constituency of 83,000 people, while the hon. Member for North East Fife (Wendy Chamberlain) represents a constituency of 61,000 people. It is difficult for us to explain to our constituents why that inequity is there. I hope that all of us here would agree that that is not right, and that we should have in our democratic system an inherent equity between Members of Parliament in terms of the number of people who are able to vote for them.
I fully support the Government’s move to automaticity, if that is the right word—to bring in boundary changes without Members of Parliament having to get involved. Indeed, the 5% tolerance ensures that equality will be ingrained in the future and moves us away from having to have these debates on a regular basis. We should all just come clean: this is a difficult issue for Members of Parliament. We have an inherent interest in the outcome of boundary reviews, which makes it difficult. My hon. Friend the Member for Weston-super-Mare (John Penrose) made the point incredibly well. We need to put those decisions outside this place to be made.
One thing that has not been discussed is that new Office for National Statistics data estimates that six new constituencies will be generated in the south-east region of this country. This place needs to give some thought to how those new constituencies should be constructed. Constituencies should have a sense of purpose. They should have a sense of history and a sense of community.
When my constituency was first part of a boundary review, back in the 1940s, just 13,000 people were living in Basingstoke. There are now 83,000 people living in my constituency, and Basingstoke sprawls across four constituencies. My challenge to the Boundary Commission is simple, and I think the Minister needs to help it with this. Constituencies should not just be numerical constructs; they should be constructed for communities first and foremost, and we should construct them for the future, not simply salami-slice away what has gone before. That is the right thing for us to think about now, because this boundary review will be seismic in some areas of the country, and we need to ensure that we grasp the opportunity.
At the moment, the provisions in schedule 2 of the Parliamentary Constituencies Act 1986 are very sparse in terms of the directions they give to the Boundary Commission. They talk notionally about local ties, and those often figure large in the consultations that follow, but is there an opportunity here to give more direction to the Boundary Commission about their importance for constituencies, and about the importance of mid-sized market towns such as Basingstoke, which saw significant boundary changes in 2010? We have done the right thing and built new houses, but we have been rewarded with a fragmentation of our constituency, which is not necessarily healthy for the future.
Why are towns in certain parts of the country split east-west and north-south, and others simply salami-sliced away? We need a better approach to constructing our constituencies for the future.
Ruth Jones (Newport West) (Lab)
I think I win the prize for patience this evening. Many of my points have already been made, but I make no apology for reiterating them because this Bill will have an important impact on all of us in this House.
The onset of the covid-19 pandemic and its continued impacts in Newport West and across the United Kingdom —indeed, across our whole world—has shown now more than ever that strong and constructive scrutiny of the Government is vital. That is how we must approach this Bill, and this debate, as it works its way through the House. As such, I am pleased that the Government’s plans to cut the number of MPs has been scrapped, because this is not the time to engage in less democracy. As we leave the EU, it is even more vital that the increased workload of MPs is reflected in the make-up of our national Parliament and the design of its constituencies.
I am concerned about the removal of parliamentary approval and scrutiny from the process. Under the current rules, Parliament has the ultimate authority to accept or deny boundary changes. The draft boundaries order must be agreed by both Houses of Parliament before being approved by Her Majesty at a meeting of the Privy Council. However, the measures contained in the new Bill will remove Parliament from the process, which means that Parliament will no longer be required to approve the draft order before it is made by Her Majesty at the meeting of the Privy Council. We all remember what happened the last time the Government attempted to bypass Parliament as they sought to illegally prorogue Parliament, and this is not a good way to go.
Another key part of the Bill is the fact that the review will be based on the number of registered voters on 30 December 2020. This means that the size of the electorate on 30 December 2020 will be used throughout the new boundary review as the officially recognised size of the current electorate. We know the pressures that will be triggered by Brexit and covid-19, and we know about the uncertain housing situation at the moment. This risks the data on which these major changes will be based being flawed and incomplete. We all remember what we were doing in December 2019 and can testify to the obvious fact that a general election acts as a major driver of registering to vote. As has already been said, we see huge spikes in voter registration during national elections and during local elections, too. We now know that there will be no election between today and 1 December 2020, so we will lose that ability to ensure that the voter roll accurately reflects those entitled to vote. Let us stick to the December 2019 data.
My final point is that we must take account of geography, not just numbers of voters. Mountains and valleys, rivers and reservoirs make a difference, and I urge the Minister to remember this. I will not be opposing the Second Reading today and I am pleased the Government have made some concessions, but I caution them to take the politics out of this process, and to give the people of England, Scotland, Wales and Northern Ireland the House of Commons they need and deserve.
Mr Deputy Speaker (Mr Nigel Evans)
The wind-ups will be at 7.44 pm. I call Lee Rowley.
Lee Rowley (North East Derbyshire) (Con)
Thank you, Mr Deputy Speaker. I shall try my best to fit what I have into the minute and a half or so that I have.
I welcome the Bill, and I am glad to see that it has been brought forward. It has been a long time coming, even for those of us who are relatively new in this place. It provides clarity on a national level, or will do, and it also provides clarity on a local level for constituencies and seats, such as mine, that have been moved around in the proposals over the past 10 years or so. It will be good to get a final, clear view about what is going to happen and when.
If I may, I will make two brief points before the wind-ups begin. First, I support the principle of equalisation. One person one vote is important, but so is the representation of those people being equal in this place. As competent, as capable and as excellent as my colleagues are in other parts of Derbyshire, it cannot be right that one Member of Parliament in Derbyshire has 10,000 people less than me and another Member of Parliament has nearly 9,000 people more than me. That variation does raise questions about how we represent our constituencies in this place. It is why I am not convinced by some of the arguments that have been made in this Chamber on this matter, including, unfortunately, by the hon. Member for Pontypridd (Alex Davies-Jones).
Secondly, it is vital that we have up-to-date information and data on this. While the data itself came later, the processes for starting the data in the fifth periodic review, on which I was elected in December, were done before I even became eligible to vote. Since then, I have voted in six general elections, I have stood in three of them and I have had the privilege of being elected in two. It cannot be the case that we continue to use data that is that far out of date. It undermines the legitimacy of this place, and I look forward to its being corrected in the Bill when it goes through the House.
Helen Hayes (Dulwich and West Norwood) (Lab)
I would like to thank all the hon. Members who have contributed to this important debate this afternoon. My particular thanks go to my hon. Friends the Members for Aberavon (Stephen Kinnock), for Chesterfield (Mr Perkins), for Jarrow (Kate Osborne), for Bradford South (Judith Cummins), for Luton South (Rachel Hopkins), for City of Chester (Christian Matheson), for Pontypridd (Alex Davies-Jones), for Liverpool, Riverside (Kim Johnson) and for Newport West (Ruth Jones) for their speeches, which demonstrated their depth of commitment both to democratic representation and to the communities they serve, and raised important issues about the detail of this Bill.
Several Members, including my hon. Friends the Members for City of Chester and for Pontypridd, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) and the hon. Member for Montgomeryshire (Craig Williams), raised important points about the impact of this legislation on representation in Scotland, Wales and Northern Ireland. Strong devolved representation within the nations is critical to the integrity of our United Kingdom. A Bill that reduces the number of parliamentary constituencies in the devolved nations while increasing the number of English seats risks putting further strain on the integrity of the Union. I hope that the Leader of the House will address that point directly when he responds to the debate.
Members from all parties agree that the periodic review of constituency boundaries is a vital part of our representative democracy, and that this review is long overdue. It is our constituencies that give shape and meaning to our democratic process, and they ensure that the concerns of each part of our diverse United Kingdom are given voice and representation. For that reason, it is crucial that long-held community ties form the basis of constituency boundaries, bringing together communities that share common interests and needs. That point was made well by a number of hon. Members who spoke of the risk of villages being split or severed from the towns that they rely on. These things matter to our communities. It is therefore extremely disappointing that the Government have again refused to compromise on the issue of the 5% electoral tolerance. What response can the Leader of the House provide to the apolitical academic experts who have highlighted the restrictive and damaging impact that the 5% quota will have on constituency boundaries? Just a slight widening of the electoral quota to 7.5%, as supported by the hon. Member for Montgomeryshire, will vastly improve the geographic and community coherence of new boundaries and as a result ensure better representation for communities.
When the Government introduced the Parliamentary Voting System and Constituencies Bill in 2010, a pre-legislative inquiry heard evidence from several witnesses that the proposed number of 600 constituencies chosen by the Government was not based on clear evidence. The Hansard Society told the Committee that the number had been
“plucked from thin air—600 simply being a neat number.”
The Government have now made a U-turn on that arbitrary number but, as my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith) mentioned, the 2013 review based on 600 constituencies cost the taxpayer in the region of £700 million, and the 2018 review is likely to have a cost of upwards of £8 million. Does the Leader of the House accept that the Government’s political indecision has been a waste of taxpayers’ money? Will he clarify for the record how much the 2018 boundary review cost?
Many Members have raised the issue of the alarming removal of parliamentary oversight from the process. Parliament has an important role to play as an emergency backstop to prevent power grabs by the Executive, but the Tories are attempting to remove that backstop, thereby threatening serious unforeseen consequences for the future of our democratic process. Such a move is of deep concern for the integrity of our parliamentary democracy. In response to concerns, the Government assert that removing Parliament from the process will ensure that the boundary commissions’ reports will be implemented without interference from either Government or Parliament, but that is not strictly true. The Government make the legislation that instructs the boundary review process, and Ministers have already taken political advantage of the process by creating a loophole in the Bill. Without parliamentary oversight, the handbrake that previously prevented the Tories from removing 50 MPs on an entirely arbitrary basis no longer exists. If passed, the new legislation will allow the Tories to force through reductions to the number of MPs without any backstop in place to prevent it.
We are talking about a Government found by the highest court in this land to have unlawfully shut down Parliament, suspending democratic accountability and attempting to gag democratic opposition. This is not hyperbole or idle speculation; it happened just last year. In such a context, there can be no guarantee that Ministers will not take advantage of the silencing of Parliament in favour of strengthening their own Executive power. Will the Leader of the House take this opportunity to confirm that the Government will not simply use the loophole to force through a reduction in the number of constituencies, or any other changes that are not included in the Bill, further down the line?
My final point is about the electoral registration dataset on which this review will be based. We are currently facing exceptional circumstances. I welcome the Minister’s acknowledgement that the 2020 electoral register will be heavily affected by the current coronavirus crisis, but this is still the enumeration date set out on the face of the Bill. We cannot expect local councils to do the proactive outreach work that is needed to maintain an up-to-date and fully accurate register while providing an emergency response to a global pandemic. The costs of fighting coronavirus have taken an immense financial toll on councils, and they now face a £10 billion funding gap, which the Government are unwilling to fill. Can the Leader of the House confirm that the Government will accept an amendment to the enumeration date to December 2019? This pragmatic change—in the context of a review for which we have waited 20 years, taking place in unprecedented circumstances—will avoid the new constituency boundaries being based on an incomplete and potentially unrepresentative register.
The Labour party supports the democratic principle of the boundary review, but the Government must consider the implications of the restrictive 5% tolerance along with the 1 December 2020 enumeration date. We remain deeply concerned about the removal of parliamentary oversight from a process that has always had this scrutiny. I encourage Members from across the House to support the reasoned amendment and to reject the continued centralisation of power in the hands of the Executive at the expense of Parliament.
The Leader of the House of Commons (Mr Jacob Rees-Mogg)
May I begin by thanking all hon. and right hon. Members who have contributed, particularly the Minister of State, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith), for opening the debate? It is a pleasure to wind up. I also apologise to the hon. Member for Lancaster and Fleetwood (Cat Smith) for missing part of her speech because I had to go out for other Government business.
This is a key Bill, which will update and equalise parliamentary boundaries, and ensure that every vote counts the same on the basis of 650 constituencies. I am pleased that there has been widespread support from across the House for key elements of the Bill, including from the Opposition, although that does not mean that they are not opposed to some elements of it. There was also support for improvements of the review process, such as changing the times of public hearing and consultation periods.
I am particularly grateful for the support from my hon. Friend the Member for Worthing West (Sir Peter Bottomley), the Father of the House, who said that it was very hard for the House to be judge in its own interest, which is a fundamental point. I am also grateful to my hon. Friend the Member for Moray (Douglas Ross), who thanked local election staff and agreed with our proposal for eight-yearly reviews.
My hon. Friend the Member for Dartford (Gareth Johnson) emphasised the equality of votes and thought that the 5% leeway was plenty. My right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) reminded us all of the enormous personal affection that we have for our constituencies. It is always true of boundary changes that, however much we recognise that the general principle is right, when a village or street is suggested to be excised from our constituency, we always find it disagreeable. That is one of the key reasons that the Boundary Commission has to be so independent.
I am grateful to my hon. Friend and constituency neighbour, the Member for Weston-super-Mare (John Penrose), who told us that we should all be hedgehogs. I am not sure that I am that prickly, but his point that fairness is at the heart of this matter is a fundamental one. My hon. Friend the Member for West Bromwich West (Shaun Bailey) quoted the Chartists, and I thought I saw Opposition Members blush. Perhaps my spectacles need cleaning, but I thought that they must have blushed at that point because the Chartists, of course, were all in favour of equalising electorates.
My hon. Friend the Member for Newbury (Laura Farris) rather splendidly warned that she might be abolishing herself, which I hope turns out not to be the case, and made a spirited defence of the Bill on that basis, as did my right hon. Friend the Member for Bexleyheath and Crayford (Sir David Evennett), who I am glad to say gave his wholehearted support to the measures.
My hon. Friend the Member for Cleethorpes (Martin Vickers), I am sorry to say, rather dangerously made points that I made when I was a Back Bencher and the legislation was going through the first time in 2010-11, but which are not necessarily Government policy nowadays. I am afraid that I have repented the errors of my ways, but sadly he has not yet repented his, although I hope that that will come.
My hon. Friend the Member for Dudley North (Marco Longhi) spoke about the importance of communities, and that is a general point. My hon. Friend the Member for Romford (Andrew Rosindell) spoke about smaller units and, of course, there being a seat for Gibraltar, which he has said in the House once or twice before. The Boundary Commission has the power to look at smaller units. That is something people can raise as it goes through its processes and is an important safeguard.
My hon. Friend the Member for Montgomeryshire (Craig Williams) said that his seat has existed since 1542. I am very jealous, because mine has only existed since 2010, and I like seats with a long continuity and history. He made a very fair point about large rural seats, which I am aware of.
My right hon. Friend the Member for Basingstoke (Mrs Miller) made the point so clearly that she summed up the debate in her opening sentence, when she said that her seat has 83,000 voters within it, and the seat of the Member who spoke before her, the hon. Member for North East Fife (Wendy Chamberlain), has 61,000. There is an obvious unfairness in that, which is being put right.
My hon. Friend the Member for North East Derbyshire (Lee Rowley), who is slightly subject to speaking as if he were on “Just a Minute”, managed to make the key point about variations being too big, which is being addressed by the Bill.
I am very grateful for all the points that have been made in support of the Bill, but I am sorry about the reasoned amendment put down by the Opposition. I ought to point out to the hon. Member for City of Chester (Christian Matheson), who said that he was going to support the Bill by voting for the reasoned amendment, that that is not how reasoned amendments work. Reasoned amendments are only orderly and selectable if they are fatal to the passage of the Bill, so anybody who votes for the amendment is voting against the whole Bill and cannot cover the nakedness of what they are doing by saying that they are supporting the Bill. [Interruption.] I am not going to give way, partly because I gave way so many times earlier on in the day, but also because time is short.
The changes should give people confidence. I must confess that the hon. Members for Aberavon (Stephen Kinnock) and for Dulwich and West Norwood (Helen Hayes) really did get it wrong on the matter of automaticity. In the 1832 Reform Bill, every single constituency that was being changed was listed in an annex to the Bill, if I remember rightly, and that was decided by Parliament—it decided what the size of each constituency would be. We have increasingly handed that over to make it more independent because of the fundamental point that nobody should be a judge in his own cause, and we should not be a judge in our own cause. We should allow it to be done by an independent body.
The hon. Member Dulwich and West Norwood said that the Government make legislation. No, they do not—Parliament makes the legislation, which is then implemented. It is implemented in such a way that there is no ability for the Government to alter the recommendations of the Boundary Commission and they have a duty to present it to the Privy Council for its approval by the sovereign. Automaticity means what it says. It is automatic, without the Executive having the ability to stop it, the House of Commons having the ability to stop it or, even worse, the House of Lords having the ability to stop it undemocratically because they do not like the results and are worried about what might happen. Automaticity improves impartiality and the fairness and independence of this proposal. Although Parliament will not play a role in making the order, nor will Her Majesty’s Government.
Another key point made in the debate was on the Union. We heard from a number of Members about the impact of the tolerance level and equalisation on parts of the Union. The Bill does not change the tolerance level, which was put in place by Parliament in 2011. We must bear in mind that it is plus or minus 5%, so it is effectively a total of 10%. It is about 7,000 voters, if we take the total swathe from the central point. That means that the independent boundary commissioners will give a fair review, and it is worth noting that the two specific protected seats which are very small are Scottish seats. I am very glad that one of them is Na h-Eileanan an Iar, because I think the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) is a national treasure, and it would be a great pity if he did not maintain his seat. That is being done to benefit the Union.
Mr Rees-Mogg
It is too late, I am sorry to say.
That is to the benefit of the Union, and it is fair that every vote across our United Kingdom should have the same weight. That is the fundamental point. That underpins everything that is being done. Eight years is the right amount of time. It means that communities can be reasonably stable. It means that communities can carry on. It means that MPs can build up that association with their communities, so I urge Members to support the Bill and reject the amendment.
Question put, That the amendment be made.
Chris Bryant (Rhondda) (Lab)
On a point of order, Mr Deputy Speaker. I am afraid there are three parts to this, the first of which relates to the voting we have already done. I was a Teller in one of the earlier Divisions this afternoon. It is up to others to judge quite how ludicrous the whole process looks to the outside world, but to my mind it looks preposterous. I feel that one of the oldest Parliaments in the world should be the best and most able to adapt to modern circumstances, not the worst, but that is a battle for another day. There were some specific order issues during those Divisions, with one being that the Speaker adopted a new version of what we had to wear when voting. I just wonder whether we could have some clarity on that for the future, as, historically, people, including some Whips, have been able to vote in the Lobby when they have been to the gym.
Secondly, one Member tried, during one of the Divisions, to vote in both directions. I know that historically that has not been allowed, but the Member is certainly under the belief that that was recorded. As I understand it—I was one of the Tellers—we were not including that as one of the votes on either side, so it would be good to have some clarity on that.
The other point is that the Leader of the House said earlier in today’s debate that we were going to have a motion on the Order Paper tomorrow for us to debate enabling some Members of the House to participate not, I think, in debates, but in urgent questions, questions and statements. Obviously, I would welcome that, but as I understand it the Government have not so far announced what kind of debate it will be, whether any time will be allocated for it tomorrow, whether it is expected that this should be agreed to on nod or nothing, whether we are able to table amendments, or whether we have to submit to be able to take part in that debate. There are many of us who feel deeply concerned that the Government have tabled a motion that suggests the only people who will be able to participate are those who self-certify as having a medical need. I do not think that disabled people, or people who are shielding or have shielding responsibilities for others, should be treated in that way. I do not think that they should have to justify themselves for wanting to participate from a distance. In particular, parents who have childcare responsibilities should certainly not have to claim that there is some kind of medical reason. Some of us would therefore like to have a full debate.
I am sorry that that is a long point of order, Mr Deputy Speaker, but you are a very indulgent man.
Mr Deputy Speaker (Mr Nigel Evans)
Thank you very much, Mr Bryant. As far as the first point is concerned, you said it was a battle for another day and clearly it will be. On the dress code during a Division, you are absolutely right. In the past, people have come straight from the gym and worn what they were in when the Division Bell rang. I will ensure that that gets raised tomorrow, so that clarity is brought to how people should dress when there is a Division, as I will on voting both ways. We do not have the opportunity to abstain or, for whatever reason—we can only hazard a guess as to why people do it—vote both ways.
As far as the motion tomorrow is concerned, I have not seen that motion yet, but you have raised several points as to why people would want to at least make known their anger, one way or another, as to what may or may not happen in that motion. I hope that Members will get an opportunity to at least express their views, however that motion is brought forward. I hope that is okay. [Interruption.] Thank you very much, Mr Bryant. The thumbs up will do me fine.
Parliamentary Constituencies bill (First sitting)
Thursday 18th June 2020
(4 years, 6 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Notices of Amendments as at 16 June 2020 - (17 Jun 2020)
The Chair
Before we begin, I have a few announcements. Please ensure your mobile devices are on silent. I allow you to bring in tea and coffee. I am not as strict as some other Chairs. You are welcome to keep refreshed during the proceedings. I call the Minister to move the programme motion in her name.
The Minister of State, Cabinet Office (Chloe Smith)
I beg to move, Date Time Witness Thursday 18 June Until no later than 12.20pm Boundary Commission for England Boundary Commission for Scotland Thursday 18 June Until no later than 12.40pm Boundary Commission for Wales Thursday 18 June Until no later than 1pm Boundary Commission for Northern Ireland Thursday 18 June Until no later than 2.30pm The Conservative Party Thursday 18 June Until no later than 3pm The Labour Party Thursday 18 June Until no later than 3.30pm The Liberal Democrats Thursday 18 June Until no later than 4pm The Scottish National Party Thursday 18 June Until no later than 4.30pm Plaid Cymru Thursday 18 June Until no later than 5pm Professor Richard Wyn Jones, Wales Governance Centre, Cardiff University Tuesday 23 June Until no later than 9.50 am Dr Alan Renwick, The Constitution Unit, University College London Tuesday 23 June Until no later than 10.10 am The Green Party Tuesday 23 June Until no later than 10.40 am Professor Roger Awan-Scully, School of Law and Politics, Cardiff University Tuesday 23 June Until no later than 11.25 am Professor Iain McLean, Department of Politics and International Relations, University of Oxford Professor Sir John Curtice, Department of Politics, University of Strathclyde Tuesday 23 June Until no later than 2.30 pm The Association of Electoral Administrators Tuesday 23 June Until no later than 3pm The Local Government Boundary Commission for England Tuesday 23 June Until no later than 3.30 pm The Electoral Reform Society Tuesday 23 June Until no later than 3.50 pm The Democratic Unionist Party Tuesday 23 June Until no later than 4.10 pm Dr Jac Larner, Wales Governance Centre, Cardiff University Tuesday 23 June Until no later than 5 pm Professor Charles Pattie, Department of Politics, University of Sheffield Dr David Rossiter
That—
(1) the Committee shall (in addition to its first meeting at 11.30am on Thursday 18 June) meet—
(a) at 2.00pm on Thursday 18 June;
(b) at 9.25am and 2.00pm on Tuesday 23 June;
(c) at 11.30am and 2.00pm on Thursday 25 June;
(d) at 9.25am and 2.00pm on Tuesday 30 June;
(e) at 11.30am and 2.00pm on Thursday 2 July;
(2) the Committee shall hear oral evidence in accordance with the following Table:
TABLE
(3) proceedings on consideration of the Bill in Committee shall be taken in the following order: Clauses 1 to 11, the Schedule, Clause 12, New Clauses, New Schedules, remaining proceedings on the Bill;
(4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00pm on Thursday 2 July. Chloe Smith has given notice of her intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C].
Thank you for your chairmanship, Mr Paisley. We all look forward to serving with you. I welcome the shadow Minister and all members of the Committee. I am grateful to everybody for their time and to the witnesses.
It is important that we have a motion here that provides for four oral evidence sessions and six sessions of line-by-line scrutiny, with the option, should we need it, for afternoon sessions to run longer, but I am sure none of us wants any midnight finishes, so we will stick to the work in hand. This gives a good amount of time for the Bill to be properly scrutinised. I really welcome the fact that we have a wide range of witnesses.
I draw the Committee’s attention to the letter that everybody ought to have received from me already, outlining a Government amendment we are making with respect to the data to be used by reviews, which I hope is welcome in the light of the impact of coronavirus.
The Chair
The Minister is referring to a letter of 15 June. I assume everyone has received that.
Question put and agreed to.
Resolved,
That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(Chloe Smith.)
The Chair
Copies of written evidence that the Committee receives will be made available in the Committee room. I believe they are at the back of the room.
Resolved,
That, at this and any subsequent meeting at which oral evidence is to be heard, the Committee shall sit in private until the witnesses are admitted.—(Chloe Smith.)
The Chair
Mr Bellringer, you are very welcome before us, physically, and Isabel Drummond-Murray, can you hear me? Hello.
Isabel Drummond-Murray: Hello. I can, yes.
The Chair
You are very welcome with us virtually. Thank you both for taking the time to join us and for allowing the panel to proceed.
We are now in public session to hear evidence from Tony Bellringer, secretary to the Boundary Commission for England, and Isabel Drummond-Murray, secretary to the Boundary Commission for Scotland.
Before I call the first Member to ask a question, I remind the Committee that questions should be limited to matters within the scope of the Bill. We will stick to the timings in the programme order. The Committee has agreed that for this panel we will have until 12.20 pm or thereabouts.
I ask any members of the Committee who wish to declare any relevant interests in connection with the Bill to make those declarations now.
The Chair
I call the first witnesses. Will you please introduce yourselves? We will start with you, Isabel.
Isabel Drummond-Murray: I am Isabel Drummond-Murray, secretary to the Boundary Commission for Scotland.
Tony Bellringer: I am Tony Bellringer. I am the acting secretary to the Boundary Commission for England.
The Minister of State, Cabinet Office (Chloe Smith)
Q
Could you talk us through what it consists of to conduct a review? Also, given that this legislation focuses on having equal and updated boundaries, perhaps you would be able to give us some insight into the importance of updating your work, including the fact that we have a slightly shortened review for the first of the series of actions that is outlined in the Bill.
Tony Bellringer: How a review operates is set out in the current legislation. Prior to this review, the legislation was most recently and substantively amended in 2011, when the rules by which we work were changed. Essentially, we gather the parliamentary electorate from across the United Kingdom. There is a statutory formula set out, which calculates the distribution of the House of Commons seats across the different parts of the UK.
There are four commissions—one for each part of the UK. Effectively, each of us then works independently. At the end of the day, we have to come up with a report that recommends to Parliament the prescribed number of seats for that part of the UK. Currently, they must be within plus or minus 5% of essentially a mean average electorate figure for the constituencies, the official term for which is the electoral quota.
We go through a process of iterative public consultation; that process is also prescribed in the legislation. We have an initial proposal stage. We work slightly differently to the local government commissions, in that we start off by coming up with a scheme with proposals, and then we publish those and consult on them, whereas the local government commissions tend to consult first and then come up with some ideas.
The initial consultation then produces a raft of responses; we receive very many responses. We then work through all of those responses; we do genuinely consider every single response that we get. And we look at what we may need to change from our initial proposals.
Currently, we are required to do something called secondary consultation, which is publication of all the responses to the first consultation that we receive. So, there are no new proposals in there; it is simply giving people an opportunity to comment on what other people have said.
We then look at all the responses to that secondary consultation as well and come up with a set of revised proposals, which we again publish and consult on for a period of time. We then look at those again, decide whether any final changes need to be made, and then we write up our final report and recommendations. Currently, those are submitted to the Government, who are then required both to lay that report before Parliament and translate it into a draft statutory instrument, which must be actively debated by both Houses. If it is approved, those constituencies will be used at the next general election.
As for the second question about the importance of conducting a review now, the constituencies that we currently have were the result, in England, of a review that concluded in late 2006; the order was made in 2007. Those constituencies were first used in the general election of 2010. However, the process that led to that report began in 2000. Therefore, the electorate data that your current constituencies are based on dates from 2000.
A review was commenced under the new legislation, to report in 2013, and as we know from the Bill, there was also one that was held in 2018 and reported in the same year. To date, neither of those reviews have resulted in a new set of constituencies, so your existing constituencies are very out of date. So the Government have come forward with this proposal to set aside the recommendations of the 2018 review and proceed very quickly to another review, largely working to the same rules established in 2011, but with a slightly truncated timetable that I believe would see us report in July 2023, with—I guess—the idea being that you would then have about 12 months before the expected next date of a general election.
The Chair
Q
Isabel Drummond-Murray: I think that Tony has covered the legislative framework pretty well, so, no, there is nothing I would add to that.
Cat Smith (Lancaster and Fleetwood) (Lab)
Q
“One of the most testing issues in the context of the revised statutory framework has been the requirement to reconcile the need to adhere to a fixed electorate tolerance (i.e. within 5% of the electoral quota) with the need to respect local ties and/or existing constituency boundaries.”
Do those concerns still stand and, if so, is there any way of alleviating the difficulties that the commission will face?
Tony Bellringer: Yes, the problem still exists. It is essentially a pragmatic problem. The smaller the tolerance level you allow, the closer you get to the pure principle of electorate equality between constituencies, and that is all to the good. The problem is that that makes it very much harder to have regard to the other factors that you specify in the legislation, such as the importance of not breaking local ties, and having regard to local authority boundaries and features of natural geography. Basically, the smaller you make the tolerance, the fewer options we have. That is what it boils down to.
How could you mitigate the problem? The only real way to mitigate it is to make the tolerance figure slightly larger. The larger you make it, the more options we have and the more flexibility we have to have regard to the other factors—but obviously, the further away you are moving from the pure principle of electorate equality. You do need to strike the balance somewhere.
The commission itself does not have a view on what the correct figure should be—before anybody tries to ask me that question. However, we would highlight the fact that some academic work has been done on this. I believe that you are due to interview Charles Pattie, who was one of the authors of a report in 2014 that looked specifically at the issue. He is more qualified to say than I am.
Cat Smith
Q
Tony Bellringer: Yes is the short answer. As you say, particularly in England we work or we have traditionally worked on the basis of using wards as our building blocks—I am sure there will be some discussion about that in due course. But as you say, a number of wards, particularly in urban authorities in England, are larger than the entire possible range that you are permitted—the difference, I should say—so by moving one ward, you will move from being too big as a constituency to being too small, with nothing in between, so you then have to start looking at splitting the wards, which becomes more problematic for us, for reasons that I am sure we will get on to.
David Linden (Glasgow East) (SNP)
Q
Isabel Drummond-Murray: It is not possible to give an answer to that until we have the electorate data that the review will be based on. I think, informally, we did look at the December ’19 register, and if that were the one being used, it did suggest a reduction in seats in Scotland. Clearly, the Bill as drafted suggests the December ’20 register. Until we get those figures published, from whichever data is finally proposed by the Bill, we cannot tell you exactly how many seats there would be. We would have to run the formula that Tony referred to, and that would allocate between the four countries.
David Linden
Q
Isabel Drummond-Murray: It was problematic in the last review, because the public hearings were held during the initial consultation and that meant that you were trying to guess in advance where there was likely to be particular interest. You were trying to cover the geography and population of Scotland with five hearings, so if you held one in Edinburgh and one in Glasgow, you then had a large area to cover with the three remaining ones. The Bill proposes holding public hearings and a secondary consultation, which will help, because we will then have an idea of whether to hold the ones outwith the central belt in, for example, Inverness or Hawick. You just cannot tell. There is still an element of guessing, from the responses received, as to where people really want to come along and discuss in public what we propose, but yes, that will help. I think six also helps, geographically.
David Linden
Q
Isabel Drummond-Murray: We start the review by allocating loose groupings—they are not set out in legislation, but they enable us to divide up the country. As a preliminary step, we always look at the highlands first, because of the rule that an area bigger than 12,000 sq km can go below the minus 5% threshold. However, because of the way the legislation is worded, you would only need to go below that 5% if you could not reasonably construct a constituency otherwise, but we could. We found in the 2018 review that it was possible to stick within that plus or minus 5%, despite its being a very large constituency. I think Highlands North was the only constituency proposed in the 2018 review that was above 12,000 sq km, which is obviously geographically very large.
David Linden
Q
Isabel Drummond-Murray: We do not use polling districts, in part because there has not been an available Scotland-wide, up-to-date dataset that we could access. We create our own postcode datasets, so when we come down to split below ward level, if necessary, we do it on the basis of postcodes. We have always been able to split wards in Scotland, if necessary.
Christian Matheson (City of Chester) (Lab)
Q
Tony Bellringer: In essence, there are two categories. One is mandatory—the plus or minus 5%—which we have to stick to and is obviously our primary factor. About half a dozen other statutory factors are set out in schedule 2 of the Parliamentary Constituencies Act 1986. We do not prioritise any of them formally. I guess we would look first at the rule about having regard to existing constituencies. So far as possible, we actually start off by asking how many constituencies that are currently there already fit the plus or minus 5% and whether we can start by not changing those. We then look at those that are not within the plus or minus 5% and think, “Okay; that is going to have to change, and that is going to have to change”. That is why you often find, unfortunately, that you may be sitting as an MP in a constituency that perfectly meets the plus or minus 5%, but your constituency changes because some of the neighbouring ones have to change and have to take in some of yours, or vice versa.
As I say, we do not have a firm ranking, but we then probably look at local ties. To a certain extent, you would expect existing constituencies to have already respected local ties, which is why it is not higher, because local ties are generally what people feel most strongly about—in fact, probably more than the numbers, to be honest. They accept the principle of electorate parity, but if you ask most people on the ground, they are more concerned about their local communities being split off from each other in the drawing of the lines. That is what the vast majority of responses to our consultation are about, so we do look at whether we are breaking local ties.
There is also the obvious map factor of physical geography and what are termed significant geographical features. River estuaries, mountain ranges and motorways are fairly obvious bits of physical geography that can have quite a significant impact on how you would want to look at drawing a constituency. Is that enough for you?
Christian Matheson
It is, yes, thank you. Ms Drummond-Murray wanted to answer as well from the Scottish point of view.
Isabel Drummond-Murray: It is a broadly similar process. As Tony said, you weigh up the factors and go through the process of the various consultation rounds. That is an important part as well: whatever we have weighted or not at the beginning, by the time we go through the consultation, it is all open to change. In the 2018 review, by the end, only 10 of our mainland constituencies were unchanged from the initial proposals. Whatever we do at the start is open to public views on things such as local ties, names and so on.
Christian Matheson
Q
Tony Bellringer: Er, yes. [Laughter.]
Isabel Drummond-Murray: I was going to say that we never get it wrong—we have a technically correct proposal—but as I say, in consultation, we listen to people’s responses. Certainly, in our initial proposals, we set out constituencies that were very unpopular and we listened and changed them where we could. You are then constrained by how much you can change within the legislation and all the knock-on consequences of the change that you also have to throw into the mix.
Tony Bellringer: To clarify my initial flippant response, it is largely as Isabel says. You could almost say that we deliberately put some proposals out there at the initial consultation stage that are quite radical and, yes, get quite a lot of negative responses—Mersey Banks is a classic case. The other one that I have had to talk about quite a lot is moving the city of Gloucester out of Gloucester in the 2013 review.
We do that in the full knowledge that it is only the first round of consultation and people will tell us if they genuinely think it is a really bad thing to do. There are actually reasons for doing those things, but as I mentioned earlier, you are somewhat constrained by what is happening around that constituency. It might not be an ideal solution for that constituency, but it might have allowed us to solve a number of issues in neighbouring constituencies. It is not ideal, but we put it out there and test the water, because it is the first stage of consultation and we know full well that if we get a huge pushback on it, we will change it to something better.
Christian Matheson
Q
Tony Bellringer: Yes. We would like to get it right first, but we are cognisant of the fact that if we do not get it exactly right first time, we have a process whereby we can correct it.
We genuinely do not know. We feel that it is probably going to be unpopular in that particular constituency, but, as I say, we have had to do it there. We think that, as a whole in the wider area, it provides a better solution. It is not a good solution for that constituency, but any alternative we have been able to come up with creates problems in those other constituencies. As an overall balance, we think that is probably best, but we recognise that you are not going to like it if you live in that particular constituency, so let us test the water and see what the general public opinion is in that area. Everybody in the area could come back and say, “No, there’s a better option.”
Christian Matheson
I will not push it to a fourth. Do you have any consideration of constituencies that have multiple local authority areas? Some Members represent two local authorities and others represent three. Do you have any rules or guidance on minimising that?
Tony Bellringer: Yes. One of the statutory roles is having regard to local authority boundaries and local government boundaries. As far as possible, we try to limit the number of local authorities that the prospective MP of the proposed constituency will have to deal with. That is very much in our mind.
The Chair
Isabel, did you want to add something?
Isabel Drummond-Murray: No, I was just agreeing. That would be the approach we would take, too.
Mrs Maria Miller (Basingstoke) (Con)
Q
Can I follow up on one of the responses to David Linden’s questions, about splitting wards to do what this Bill is trying to do, which is to create equal and updated boundaries across the whole of the United Kingdom? I speak as one who represents a constituency of 83,000 people—well in excess of what I am sure will be the eventual quota. Isabel was talking about the importance in Scotland of using postcodes to try to get some sense of equalisation. Could Mr Bellringer outline for the Committee what the approach is to splitting wards in England, and whether any experts have looked at this to give us advice on what is a good process to follow, particularly when it comes to polling districts?
Tony Bellringer: As I mentioned earlier, we have traditionally had a general policy of using wards as our building blocks. However, as you will know from the previous couple of reviews, there have been instances in which we have been prepared to split a ward to solve a problem in that area.
As Isabel alluded to, the difficulty in England is that we do not have access to a comprehensive dataset below ward level that contains the parliamentary electorates and associates them with the boundaries of whatever that unit is—a dataset that we can then manipulate in the software and quickly move those units around to recalculate the figures, because that is how it works. When we split a ward in England at the moment, we have to go back to the local authority and get the detailed breakdown, usually on a polling district basis, and manually calculate those figures, which really slows the process. If we were to move to a much more open process of using sub-ward-level units as our building blocks, we would have to source that data from somewhere.
Mrs Miller
Q
Tony Bellringer: At the moment, we do not have the postcode areas in England. We would have to create them; they could be created, but it would take an awfully long time to do.
Between the 2013 and 2018 reviews, one of the things with which we kept ourselves occupied was constructing a polling district-level dataset with the help of Ordnance Survey, in order to map those figures against the actual polling district boundaries. That is almost the most difficult part of the process. We sort of have the figures already because we have access to the actual registers, which are usually subdivided by polling district. However, the polling districts are not mapped in a consistent way and we have to be able to associate the electorate figure with the actual boundary of the unit you are working with, so that when you move the unit, the numbers change accordingly. You need to have mapped those polling district boundaries electronically. We did that process, and it took us and Ordnance Survey about two years to map every polling district in England.
Mrs Miller
Q
Tony Bellringer: As I say, we went through the process between 2013 and 2018, so at one point in time we had a polling district dataset that we could use. However, as you know, polling district reviews happen all the time across the entirety of England, so that single, comprehensive polling district dataset goes out of date almost instantly. There has to be a way of keeping it up to date. At the moment, that requires us to know who is doing the polling district review and when, so we can go and find out what they have changed it to. Do they have it mapped? No—then we need to get somebody to map it into the system. At the moment, there is no process by which the results of a polling district review are notified either to us or to Ordnance Survey so that it can be incorporated and the dataset can be kept up to date.
Mrs Miller
Q
The Chair
You are being asked to write a wish list on this issue. Could you do that for us?
Tony Bellringer: Yes. We did actually approach the Government at the time. We have kind of done the work to build that and issue one. There is a requirement for a local authority that does a polling district review to publish the findings, but they just do that by publishing it on a website, and it is also not necessarily in a mapped format. All it actually requires is a bit of something tacked on to that legal requirement to publish, which says, “You also need to send it to Ordnance Survey and the Boundary Commission.”
Mrs Miller
Q
Can I ask one other question—will you indulge me, Mr Paisley? I noticed that the commissions try to minimise the disruption to existing boundaries in its proposals, which is obviously a sensible thing to do. I also noted that it has said in the past that the commissions are not obliged to shut their eyes to likely future growth. That is particularly noted in section 40 of the guidance that was produced at the last review. Will both commissions outline their approach to the next review and whether it will be the same sort of approach? I declare an interest in that I represent a part of the country that is building a lot of houses. To propose boundaries that will inevitably be changed radically in the future would seem to be a waste of the commission’s time.
Tony Bellringer: Immediately before we start a review, the commission meets representatives of political parties to talk about how it plans to operate its internal policies within the framework of the statutory requirements, and that is an example of the kind of thing that we would be talking about with them.
It is unlikely that it would change significantly. The fundamental principle in doing this work is that you have to at some point draw a line and say, “That is the data that we are working with.” You cannot build a house on constantly shifting foundations and so you have to say, “That is the data and we are going to work with that data.”
At the same time, where we are looking at competing options in an area, if one is obviously more suited to an area that is clearly growing in population—maybe we know that from strategic planning approvals that have gone through in the area—that will veer us towards that option as the preferred option. That is really what it means.
What we cannot do is say, “Well, okay, the electorate that we are supposed to be working with is this and the electorate is now this, so let’s use that instead.” We still have to stick to the original electorate figure, but be alive to the fact that it is clearly growing and can be demonstrated to be growing. That is quite key as well—we draw a distinction between proven growth in an area and projected or speculative growth in an area.
Mrs Miller
Q
Tony Bellringer: Yes and no. The distinction I am trying to draw here is that if you have had a strategic planning development approved and it has been built and people have started to move in, you can say that those figures have changed—it is clearly growing. Even though those figures have derived from a point in time after the electorate data that we are supposed to be using, there is a clear indication that the area is growing. If you have had a strategic planning development approved, but it has not been built yet at the time we are doing our review, we might go, “Well, it is not as convincing.”
Mrs Miller
Q
Isabel Drummond-Murray: I do not think there is much to add to that. We have to work with the electorate as set out in the legislation. On the local government side—I am also secretary to the Local Government Boundary Commission for Scotland—the legislation sets out that we take account of the forecast for five years.
That all points to the need for regular review. We draw a line when we know there is going to be growth and there is capacity to absorb it through the existing 5% tolerance. I guess we could take account of it, but it is not something that has featured particularly on the parliamentary side, simply because of the way in which the legislation is drafted. We use the electorate at the start of the review; we do not guess what the electorate will be at a point in the future.
The Chair
We have four more questions and about 11 minutes on the clock, though I will push it on to get all the questions asked, because the evidence we are getting is very good for the inquiry.
Alec Shelbrooke
Q
Thank you for your evidence, Mr Bellringer. It has been really informative. I want to explore the building blocks further. To pick up on the polling district, you said that you had done a piece of work and commented that it was difficult to stay on top of the reviews that came through—to be able to understand them—but, as you have also just outlined, you cannot build on shifting sands. At some point, you have to draw a line. In terms of using polling districts to build in this review, do you have a set of data sat there that you could use?
Tony Bellringer: Not this time round—because it was so expensive last time, in time and money, in the resource that had to be put in to develop it, and yet it was so instantly out of date. In the actuality, when we came to it, because in the last review we were still using wards as our building blocks—it is still our general policy to use the wards as the basic building blocks—we only split half a dozen in the final recommendations. So the times that that would need to be used under our existing policy are few compared with the amount of time and effort that needs to go into producing it, and given how quickly it goes out of date, we just felt that it was not worth doing this time around.
Alec Shelbrooke
Q
It is important that we get some steer on how you could get away from using wards, which is a tradition—it is not legislated that it must be wards—because it negates having to go outside the 5%, which is another Organisation for Security and Co-operation in Europe recommendation, that for free and fair elections seats should not vary by more than 10%, and would allow the objective of keeping communities together, of keeping county constituencies together and away from borough constituencies. In my city of Leeds, my seat is a county constituency; the other seven seats are borough constituencies. That would be giving regard to keeping those existing seats together.
I am asking both commissions about the practicalities of what recommendations you would make to the Committee before we finalise these laws—how to get to a situation in which you can use the smallest building blocks to cause the minimum disruption, which is what you are really after when looking at constituencies. I am seeking some comment on that. Mrs Miller explored it well, but just outlining—
The Chair
I think he has got the question, Alec. We are really appreciative.
Tony Bellringer: The policy of using wards is fairly long standing, and it has always been discussed with the representatives of the political parties in the meetings before each review commences. In the past, they have generally been supportive of that. It goes to the statutory factor of having regard to local authority boundaries, because a ward is a local authority boundary. We view a ward as almost a representation of a local tie; generally speaking, when the Local Government Commission does its work it should try to bring people of the same communities into one ward. We use that almost as a substitute.
Alec Shelbrooke
Q
Isabel Drummond-Murray: We certainly had a number of complaints about large constituencies bringing together communities that did not feel that they had anything in common with each other. Where possible, we made changes to reflect that. The tight tolerance of 5% meant that, initially, we had to come up with some ideas to put out for consultation. For example, we had a constituency in our initial proposal that stretched from rural south Perthshire down to urban Fife. There was very much a feeling that, “We do not have anything in common with that part of the constituency.” So yes, I think people take account of more than just whether their local community is kept together; some people have concerns about other communities that they are associated with.
Clive Efford (Eltham) (Lab)
Q
My question is about electoral registration. Do you find that it fluctuates between general elections? Do we get a higher registration level at the time of a general election, and should that be the point at which we count the population for future reviews?
Tony Bellringer: One of the few things that we do in between reviews is collect the electorates and see how they change from year to year, but we get only an annual snapshot. If it is around the time of a general election, the electorate numbers tend to go up. Unsurprisingly, people are encouraged to join the register and are motivated more to do so. I know there are arguments about the accuracy of the register at any given point in time. I do not feel qualified to comment on that, but it is certainly true that the numbers go up around the time of elections.
Clive Efford
Q
Tony Bellringer: If you are sure about the accuracy at that high point.
Clive Efford
Q
Tony Bellringer: I am very pleased to say that we hold ourselves up as a model of independence in the process. During the substance of a review, we do not share with the Government, Government officials or Ministers any information about the substance of what we are working on that is not communicated to the public at large.
Clive Efford
Q
Tony Bellringer: They did communicate and trial some of the proposals in the Bill with us in advance. They sought our views, specifically on administrative points and on deliverability.
Clive Efford
Q
Tony Bellringer: Those are not published, generally.
Clive Efford
Q
Tony Bellringer: We have been very clear in the past that we do recognise strength of local feeling. If there are lots of people locally saying a particular thing, that carries a lot of weight with us. However, it will not be an instant knockout if somebody comes up with what we feel is a very well argued solution that might not have been proposed by anybody else previously that in our view respects more of the different factors and across a wider area and provides a better solution overall—maybe not for an individual constituency, but overall.
Clive Efford
Q
Tony Bellringer: It is something that we always used to be able to do in the past and did do on occasion. Prior to 2011, there was not this hard maximum and minimum, but we would still be aiming to keep constituencies within a broad range. Occasionally we would breach that if we needed to, to provide a better holistic solution.
Chris Clarkson (Heywood and Middleton) (Con)
Q
My question is about how to deal with county boundaries or sub-units within a region. It is specifically an English problem, obviously. I will take the north-west as an example because there are five discrete units. If we take Greater Manchester’s current electorate—I am using the December 2019 figures—we can neatly subdivide it into 27 seats that are just on the edge of quota. However, there are basically 49,000 extra voters that you could take in from Lancashire, so at what stage do you make a determination on whether to start splitting wards and have a neat compact unit within one county? Or do you start looking across county boundaries?
Tony Bellringer: As Isabel suggested, we have our nine regions in England, so we work within the regions. We start off by subdividing that as well, and we largely try and work with county units. As far as possible, we start off by trying to keep within county boundaries, but we might need to put a couple of counties together because we know that if you just do that initial mathematical calculation distribution, they end up with halves of constituencies in both counties, for example, and that will not work mathematically. You cannot have the smaller number or the higher number in either because they would be either too small or too big.
Chris Clarkson
Q
Tony Bellringer: We use the same distribution formula that is used to allocate the seats across the UK initially. We do that for the regions, and within the region we work out what we call a theoretical entitlement: if you use this agglomeration of a couple of counties, it would be allocated this many seats on the face of it.
Cat Smith
Q
Tony Bellringer: I do not think that it makes a huge difference to us if they do not have a legal standing. They are a recognised administrative unit, as you say, that is used by electoral administrators in the delivery of an election. That is another reason why at the moment we use wards, because, although they have more of a legal status in law, they are used as a unit by the electoral administrators to deliver elections. One thing that we do have a mind to is that somebody has to use this constituency in delivering the election, and we want to make that process as smooth as possible for the people actually running the election as well.
The Chair
I am afraid that that brings us to the end of this session. As usual, it got more interesting as time went along. We probably could have had much more time, although I am sure that our two witnesses are very pleased that there is no additional time. However, it shows that there is considerable interest in this issue. More expert witnesses will come along now, so we will be able to continue some of these lines of questioning. I thank our two witnesses for coming today—you have been brilliant, informative and very helpful to the Committee. I thank you for your efforts.
Examination of Witnesses
Shereen Williams MBE gave evidence.
The Chair
We will now hear from Shereen Williams, who is on the line. Shereen, can you hear us?
Shereen Williams: Hi. I can hear you.
The Chair
You are very welcome. We are sorry for keeping you for a couple of minutes. I was only allowed to run over because we had a technical issue with bells ringing, and I felt that we lost a couple of minutes. We will not let that little technical difficulty deny you that time at the end of this either. Introduce yourself, and then we will move on to the Minister.
Shereen Williams: I am Shereen Williams, secretary of the Boundary Commission for Wales. I took up the role in January 2019, and I also head up the joint secretariat for Local Democracy and Boundary Commission for Wales, which is responsible for local government boundaries.
Chloe Smith
Q
Shereen, may I ask about how you hold public hearings? We have gone through some more general discussion with your two predecessor witnesses, so perhaps we might turn to this angle with you. As you will be aware, the legislation proposes moving the timing of one of the public hearings but maintains very firmly that there should be ample public consultation, which we think is really important for public accountability and public involvement. Perhaps you might give us some insight into how you manage that for Wales.
Shereen Williams: The challenge we have had in the past is that we have to pick the five areas in which to hold the public hearings quite early on, so we have to guess which areas might have the most challenge, in terms of proposed constituencies. It is hit and miss. Sometimes you could be there for two days, and you would have one full day of people turning up for the public hearings, and the next day there will be a much smaller number. It also uses up a lot of staff resources and the time of the commissioners.
The Bill proposes that that is done as part of the second round of consultation, which would give us a bit more flexibility on where we should physically choose to have these public hearings, based on the feedback and representations we get in the first round of consultation. For Wales, it is very important that we have an appropriate spread across the whole country, to make sure that people can get to a public hearing if they need to.
Chloe Smith
Thank you, Shereen. I will pause there and let other colleagues take over.
Cat Smith
Q
Shereen Williams: The challenge that we have in Wales is that whether we go with 600 seats or 650, Wales will take the biggest hit in terms of loss of constituencies. It would mean, I think, a massive change: across the whole country, I cannot guarantee that even seats that fit within the current limits will be able to remain intact. That is the challenge we have in Wales; the 5% does give a very tight range for us to work around.
I think the valleys will present a unique challenge for us, because you do not really want to split a valley and have half in one seat and the other half in another seat. It will require us to look at our building blocks and how we work on that, getting input from local communities and from local authorities—from our stakeholders—and asking, “If we had to go down the route of splitting a valley, what is the best combination to work?” I am aware that we had the exact same problem at the last review.
Cat Smith
Q
Shereen Williams: It would give us more flexibility, yes, to put communities together, but again, I think it is very clear that, as an independent body, we do not have a view as such on the electoral quota; that is something for our MPs to make.
Ben Lake (Ceredigion) (PC)
Q
Shereen Williams: From the commission’s perspective, it is about communities that are together. We look at your electoral wards and communities that are linked through joint programmes and projects. Also, quite uniquely, in Wales, as you are very aware, is the Welsh language. We take it into account that you have constituencies where there are lots of links to the Welsh language. That is something we would like to keep together. That, for us as a commission, is what we would consider a community tie as well.
Ben Lake
Q
Shereen Williams: I think it will be just as complex as the previous reviews, because we are losing quite a lot of seats. If you lost one or two seats, it might be easier to amend existing constituencies by adjusting, making small boundary changes, but the fact that the number is a bit bigger—if you lose eight rather than 11, that three will help slightly, but the complexity will remain the same.
Jane Hunt (Loughborough) (Con)
Q
Shereen Williams: I do not think that is something I can possibly comment on. As a commission, we are given the rules to work with, so it would not be up to the commission to comment on something like that.
Jane Hunt
Q
Shereen Williams: In the past, we have made full use of that plus or minus 5% to make sure that communities are kept together. If the variance is changed, we would still use the same practice where possible. A constituency could have exactly 0% variance or minus 5%, minus 4%, minus 3% or minus 2%. We would work within those parameters in helping communities stay together. That would be our limit.
Jane Hunt
Q
Shereen Williams: Like our colleagues in England, Scotland and Northern Ireland, we use electoral wards as our building blocks. However, if there was great difficulty, we would use community wards within the electoral ward. In the past, we have put forward proposals where one or two parliamentary constituencies had a split ward in them. It is a route that we would rather not take because it creates confusion for voters when you have a different local authority and a different parliamentary constituency compared with somebody who is in the same electoral ward as you.
Mrs Miller
Q
Shereen Williams: The four Boundary Commissions are in regular contact. We rely on each other and we share good practice on a regular basis. In terms of those changes that have taken place in Scotland, I cannot imagine why we would not be able to invite Scottish colleagues to present to commissioners and to inform our thinking on how we deliver this report for Wales.
Mrs Miller
Q
Going back to the question that my hon. Friend the Member for Loughborough raised about splitting wards, it is interesting that that seems to be something that can happen in Wales and Scotland, although the procedures are not as easy as they might be. We heard that from the commission in England. Would you be able to advise the Committee about working with Mr Bellringer on what would need to be put in place to ensure that, if it was helpful, sub-ward-level splits could take place? Would you be able to provide some more information for the Committee on that?
Shereen Williams: Scotland and Wales’s challenge is significantly different from England’s because of the number of electorates. Tony has to co-ordinate in terms of trying to get all the parliamentary constituencies set up for England. In Wales, we are used to splitting wards because we tend to do that for our local government boundary reviews, so we are quite comfortable with the practice of breaking up electoral wards and splitting up communities into sub-wards in order to create electoral wards—this is going back to community wards. In terms of sharing that practice with Mr Bellringer, that would not be an issue, but I have to acknowledge that he has a far more difficult job in hand compared with us in Wales and Scotland.
Mrs Miller
Q
Mrs Miller
I wondered whether, as somebody who was brought up in Wales and understands the importance of cultural identity within the Welsh nation and the psyche, you have thought further about how that constituency should be treated. I am a Hampshire MP, and the Isle of Wight gets particular protection because of that.
Shereen Williams: That would be something for Parliament to decide as to whether Ynys Môn becomes a protected constituency, as they have in Scotland and the Isle of Wight. It would not be for the commission to comment on that.
The Chair
Shereen, thank you very much for your wonderful evidence and, more importantly, for getting us back on time. You have made my chairmanship so much easier. Thank you for giving us your time this morning.
Shereen Williams: Thank you for having me.
Examination of Witness
Eamonn McConville gave evidence.
The Chair
Q
Eamonn McConville: My name is Eamonn McConville. I am the Boundary Commission secretary for the Northern Ireland commission.
The Chair
Could you speak up a little for us? It is not a problem I have, but it is one that some other people have.
Eamonn McConville: Sure, no problem.
The Chair
We will move to the Minister first, then to the main party spokespeople, and then Shaun Bailey is the first on my list for this section.
Chloe Smith
Q
Eamonn McConville: Yes, Minister. Northern Ireland is obviously geographically the smallest part of the United Kingdom, so we literally have less room for manoeuvre when it comes to creating our modelling of the constituencies. That can be compounded by the effects of rounding during the calculations under rule 8, when it comes to allocating constituencies to each part of the UK.
That can leave us restricted in our ability to create the correct number of constituencies under rule 2. The legislation does currently, and I think the new legislation does prospectively, include a small degree of flexibility that allows us to fall beneath or outside of the plus or minus 5% tolerance from the electoral quota, but as I say, that is there because it recognises the mathematical conundrum that can sometimes present itself in Northern Ireland.
Chloe Smith
Q
Eamonn McConville: The parliamentary constituencies create the boundary under which the Northern Ireland Assembly constituency areas are formed. They are further subdivided into five areas for the Northern Ireland Assembly elections. There is that coterminosity that does not exist, for example, in Scotland.
The Chair
For clarity, Eamonn, you said five areas, but do you not mean five seats in each constituency?
Eamonn McConville: Five seats, yes. Sorry, Chairman, that is exactly what I meant.
Cat Smith
Q
Eamonn McConville: The most pressing impact of covid-19 for ourselves in Northern Ireland is in relation to the recruitment and training of staff ahead of the commencement of the next review. There are obviously practical implications of being face to face while still maintaining social distancing, but there is the added difficulty that commission staff are seconded from other Departments. That is our normal practice. Those Departments are under pressure to resource their response to covid-19 and to Brexit, which is coming down the line. There is a real difficulty facing us at the moment in terms of getting staff in and trained in time for the next review, but we are working with Departments on that.
Cat Smith
Q
Eamonn McConville: We had hoped to recruit the first of the staff by September. We are a small team, so we plan to get the remaining two staff in by December of this year. We are still within a reasonable window, but time marches on fairly quickly when dealing with recruitment processes and getting staff released, so we are keen to get that work under way.
Cat Smith
Q
Eamonn McConville: During our public consultations, people are free to put forward whatever local issues or local ties pertain to themselves and their local areas. The one thing that we cannot take into account—this applies across the UK, to all of the commissions—is anything that would affect or is influenced by electoral trends, electoral outcomes and things like that. Anything that would fall under a local tie is valid, in terms of what we would consider.
The second part of your question was on the electoral quota range. Again, as my colleagues have told you, the 5% presents issues in terms of accommodating local ties more roundly across Northern Ireland. As I said earlier to the Minister, we have the flexibility in rule 7 in terms of geographical limitations, because of the particular circumstances in Northern Ireland. It is interesting to note that the flexibility in the 2018 review would actually have come within the plus or minus 7.5% that has been discussed previously by other people. It is not a huge degree of flexibility, but it does allow us—when we are restricted in circumstances under rule 2—to have a certain degree of flexibility.
Shaun Bailey (West Bromwich West) (Con)
Q
Eamonn McConville: You are absolutely right that we now have the 11 local government areas, but we are working with different factors. In the last review, the 2018 review, we had 17 constituencies. While our considerations would have included trying to fit as many whole parts of local government areas into the 17 constituencies, the mathematics just do not allow for that, so we then take on board the other factors, which include local ties.
In Northern Ireland—it is similar across the UK—we have more major towns with satellite towns and villages around them. That is one thing that came to the fore in our consultation process, and we tried to accommodate that in our proposals as they went through the various consultation stages. There are similarities, but clear differences, simply because of the rules that we operate under.
Shaun Bailey
Q
Eamonn McConville: Do you mean for our initial proposals, or as the process progressed?
Shaun Bailey
Yes, for the initial proposals, but perhaps you could say if you were diverted as the process developed.
Eamonn McConville: We operate with exactly—or very close to—the same operational methods as the other commissions. We all operate under the same legislation, with the requirement to carry out the three public consultations. As my colleague Tony said, the initial proposals are our best estimate as to what would be a good starting point. From there, we seek public views and, if required, we amend to accommodate those within the factors that my colleagues mentioned previously—local ties, geographical features, existing constituency boundaries. It is a very similar process to that outlined by my colleagues.
Chris Clarkson
Q
Eamonn McConville: Our building block is set out in the legislation as the local government ward that exists. In Northern Ireland, our electorate in each of those wards is smaller than, for example, in England. Tony spoke earlier of wards with 10,000. Ours typically have 2,000 to 3,000.
We still face the issue of how small we are geographically, plus having Lough Neagh right in the middle of Northern Ireland, so there are times when we are balancing all the factors. Consideration of splitting a ward does arise, but, like my colleague, there is no ready-made data set through which we could split a ward. We have to take that into account, whether by looking at geographical features or through another method. For the last review, we decided not to split any wards.
Christian Matheson
Q
Eamonn McConville: It is really a matter of mathematics. We have 11 local government areas and in the last review we had to create 17 constituencies. It is one of the methods that we try to take into account, initially and as the process proceeds.
Simply from a mathematics point of view, it will require splitting off the larger local government areas into the various constituencies. As I said, as well as the local government areas, we will take account of responses that come in from the public to inform the proposals and the creation of the constituencies as the process proceeds through the review.
The Chair
Eamonn, may I take this opportunity to thank you for presenting us with this evidence and for giving us your time this morning? Right on cue, like a Swiss clock, you have managed to get us to the end of this session on time. I appreciate that. That brings us to the end of this morning’s session. The Committee will meet again at 2 pm in the same room to take further evidence.
Ordered, That further consideration be now adjourned. —(Eddie Hughes.)
Parliamentary Constituencies bill (Second sitting)
Thursday 18th June 2020
(4 years, 6 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Notices of Amendments as at 16 June 2020 - (17 Jun 2020)
The Chair
You are all very welcome back to the Committee. We have six witnesses over this afternoon’s session. Three witnesses will be physical and three will be down the line using digital technology.
If people want to remove their jackets and bring in refreshments, that is fine by me. I emphasise that those who do not have a microphone in front of them but wish to ask a question should make their way to the microphone in the corner of the room, for Hansard’s sake.
Examination of witness
Roger Pratt CBE gave evidence.
The Chair
We will now hear from our first witness this afternoon, Mr Roger Pratt. Roger, you are very welcome.
Roger Pratt: Thank you.
The Chair
I hope that you enjoy today’s session, rather than endure it. If you introduce yourself for the record, we will then move on to questions, starting with Chloe Smith.
Roger Pratt: Thank you, Mr Chairman. I am Roger Pratt, the boundary review director for the Conservative party.
The Minister of State, Cabinet Office (Chloe Smith)
Q
Roger Pratt: Thank you very much. I fully support the use of electoral registers as the basis. They are likely to be the most up-to-date information that one has—they are conducted on an annual basis and electorates have always been the basis for parliamentary boundary reviews. In fact, it was the Labour Government in 1948 who brought forward the use of electorates, following a unanimous recommendation from the Speaker’s conference of 1944 that the electorate be used, and it has been used ever since—I think that is absolutely right.
On the data that might be used, I think it absolutely right, under the very strange circumstances that we have, that the 2 March 2020 data be used rather than the December 2020 electorates, which clearly would normally be used. I thought that might be worthwhile to look at. I know there have been suggestions that one should look at either the general election figures or the December ’19 figures, but I do not think that those are robust because the December ’19 figures—the figures published recently on the Boundary Commission website and by the Office for National Statistics—and the general election electorate data, which are publicly available, differ very markedly. The difference is about half a million electors between those two figures—that is a dramatic difference, but it is not all one way.
Three hundred and eighty-eight seats were actually larger at the general election than on 1 December, but 261 seats were smaller at the general election, so it went both ways. I do not think that either the general election or December ’19 figures are robust, and I am sure that the March figures, when they can be properly checked and cross-checked by the Boundary Commission, will be much more robust and that, in my view, will be the right data to use.
Chloe Smith
Q
Roger Pratt: Absolutely. Completeness and accuracy are absolutely the right words, and the best opportunity of that is to get it normally at the annual canvass and, in those special circumstances, on 2 March.
Chloe Smith
I have a final question to round off that set. Obviously, we all want to see as many people who are eligible to be registered as possible—and that, I trust, would be the view of the Conservative party.
Roger Pratt: Absolutely. Every effort to drive up registration, to make sure everyone is registered, is a goal we all support.
The Chair
We will now make our way around the group leaders, unless I signal otherwise. If anyone else wishes to speak, just catch my eye.
Cat Smith (Lancaster and Fleetwood) (Lab)
Thank you, Roger, for coming to give evidence. Are there any specific circumstances in which electoral quota could be relaxed in order to avoid splitting an electoral ward? For example, even though the vast majority of seats were within the 5%, if in one or two very localised examples a 6% variance would prevent a ward splitting, would you find that preferable?
Roger Pratt: No, I would not: I think we have to stick to the quota. There are already exceptions in the Bill—four constituencies are clearly protected, Northern Ireland has special rules for the quota and there are rules about the area of a constituency, which in effect affects only northern Scotland. Those exceptions are in the Bill. Otherwise, it is right to have the 5% tolerance and, within the 5% tolerance, we can get constituencies that meet quota but also respect communities.
The best opportunity, as was said in the report by Mr Pattie and others, is split wards, which make a considerable difference. Splitting wards is the opportunity to make sure that constituencies are in the right place in terms of communities. I know you are to speak to Mr Pattie later—very sadly, Ron Johnston died recently—but, just so you know, in their report, they said:
“The Boundary Commissions for Northern Ireland, Scotland and Wales were prepared to split wards where they considered that sensible; the Boundary Commission for England was extremely reluctant to do so, and many of the problems that emerged in its recommendations resulted from this.”
They went on:
“With ward-splitting, it is possible to have substantially more unchanged constituencies—and, as a corollary, substantially fewer undergoing major change—especially with the tighter tolerances. The advantages are particularly pronounced at lower tolerances with 650 seats but, as the tolerance is relaxed, ward-splitting is needed in fewer areas”.
So I believe in ward splitting, rather than in relaxing the tolerance.
The 5% tolerance—10%, either way—is right. Otherwise, we could have one constituency that is 67,000 next to another that is 78,000, so ward splitting is right. There are those few exceptions in the Bill, as is correct.
Cat Smith
One of those exceptions would be the Isle of Wight, which looks set to get two MPs under the Bill. On current figures, that would come in at about 55,000 electors in each, which is about the size of many Welsh constituencies, in particular if we look at the Welsh valleys and their geography, where mountains divide communities. How do you explain the difference between those geographical features that make the Isle of Wight the exception but not necessarily the Welsh valleys?
Roger Pratt: The Welsh valleys—I actually live in one, so I have some experience of this—are totally different from the Isle of Wight. You suggested that the Isle of Wight had similarities with the Welsh valleys, but the Isle of Wight is an island without any direct link to the mainland; all the Welsh valleys have links to the rest of Wales, and so on. It is not sensible to link the Welsh valleys with the Isle of Wight.
The treatment of the Welsh valleys is absolutely right. Unfortunately, Wales will take a hit—one has to say that—but the position is that just before 2005, Scotland was required to reduce the number of seats to the English quota. They were required to use the English quota prior to 2005 with the Scottish Parliament. That was not required in Wales with the Welsh Assembly—Wales now has a Welsh Parliament—but unfortunately that means that Wales will take a hit.
However, I think it is right that my vote in Monmouthshire should equal a vote in another part of the country. Monmouthshire is one of the largest, but my doctor’s surgery is in Blaenau Gwent, one of the Welsh valleys to which you refer. Is it right that Blaenau Gwent has 50,736 electors whereas just over the Severn bridge in Bristol West, they have 99,253? I do not think that is right, and Wales will take a hit—there is no doubt about that. However, it is right that you have a standard quota throughout the United Kingdom. That is fair and that is equal.
Cat Smith
My final question. We have the representative of the Conservative and Unionist party before us, and you have acknowledged that Wales looks set to take a hit. It looks to be the most badly affected of all the nations of the United Kingdom in the review. What assessment do you make about the integrity of the Union in terms of the consequences of this boundary review and Welsh voices in this place?
Roger Pratt: I think the Union is intact. The whole of the Union will have the same quota. It is absolutely right that everywhere in the United Kingdom has a quota and so every person in the United Kingdom has the same representation. The difference in Scotland and Wales is that they have a Scottish Parliament and a Welsh Parliament. They still have equal representation in the UK Parliament, which I think is absolutely right, but clearly the Members for Glasgow East and Ceredigion do not have responsibility in this place for health and education, whereas all the other Members on the Committee do.
Scotland has a slight advantage over the rest of the United Kingdom, quite rightly in terms of the Western Isles and Orkney and Shetland. I fully support that. However, it means that—slightly—Scotland has an advantage over the rest of the United Kingdom because those are very small seats. I do not object to that in any way. The Union is intact because everybody’s vote counts equally whatever part of the United Kingdom they come from.
David Linden (Glasgow East) (SNP)
Q
Roger Pratt: Correct, yes. I am fully supportive of 650.
David Linden
Q
Roger Pratt: I cannot say how many seats Scotland will lose because we do not yet have the figures from 2 March. When we have those figures, we will know, but on certain calculations they lose two and on others they lose three. I expect it to be either two or three seats. Wales is likely to lose eight, but we will have to see.
I think it is right that Scotland and Wales do that. Scotland’s electorate has not gone up as fast as England’s. It had to use the English quota previously and now that has not caught up because England’s electorate has gone up more. In terms of Scotland, your own seat is one of the larger seats in Glasgow, but there are four smaller seats in Glasgow, one of which is 57,000. I do not believe it is right that a seat in Glasgow should have only 57,000 and two other members of this Committee in the south-east of England both have well over 80,000. It is right there is an equal quota throughout the United Kingdom.
David Linden
Q
I want to ask you specifically about the idea of the size of constituencies. You have hit the nail on the head in terms of some island communities, which are protected; Na h-Eileanan an Iar is a good example of that. There is also what was proposed as the Highland North constituency, which is probably the size of a country like Belgium or Luxembourg. Do you have a view on the limit of 12,000 to 13,000 sq km being the provision for a constituency? Is it the Conservative party’s view that that is a manageable size of constituency for a Member to deal with?
Roger Pratt: Of course, your parliamentary leader represents a constituency that currently is the largest in the United Kingdom, and that is 12,000 sq km. I could not find a more accurate figure than 12,000, but it is 12,000, so I think that was why that figure was brought into the Bill as the constituency that was of that size. That is right in terms of 12,000. It cannot go beyond 13,000, but above 12,000 gives the Boundary Commission in Scotland discretion if it so wishes between 12,000 and 13,000.
There is discretion if the commission wishes to use it if a constituency is over 12,000. It is up to the Scottish commission, but that is the right balance. It is currently the largest constituency in the UK Parliament, and the Boundary Commission has discretion up to 13,000.
David Linden
Okay, can I finish off with one question going back to the equality of the United Kingdom? You said yourself that Scotland stands to lose two or three seats. How would you, as a representative of the Conservative and Unionist party, reconcile that with what people in Scotland were told in 2014—how we were better together and we should be a United Kingdom?
Roger Pratt: I still think you are better together, obviously. I do not think the fact that you will lose two or three seats affects that in any way. You will still have the same equal representation; actually, slightly larger because of the Western Isles—I apologise, but I cannot pronounce it in the way you did—and Orkney and Shetland, so there is a slight advantage there for Scotland. But I think it is right that it should have the same equal quota as the rest of the United Kingdom.
It is just right that Scotland should have the same quota. I do not think it means that the whole of the UK is an equal and fair place. I noticed that in the Bill brought before the House by the Member for Manchester, Gorton, there was no change in either Scotland or Wales; they would have been exactly the same. There was a change in the Bill to Northern Ireland, but no change as far as Scotland and Wales are concerned. That is absolutely right and I support that part—not others—of the Khan Bill.
Christian Matheson (City of Chester) (Lab)
If it helps, Mr Pratt, I believe the correct pronunciation is Na h-Eileanan an Iar.
Roger Pratt: I am not going to try!
Christian Matheson
I thought I would get that one in.
I have just one question. Moving away from the numbers, what is your experience of being able to influence local proposals once they are already out? How flexible have you found the Boundary Commission and the assistant commissioners to be? What are the most useful arguments to deploy when considering the ones that perhaps resonate most with the boundary commissioners when you consider local proposals?
Roger Pratt: Thank you very much indeed. Absolutely, the Boundary Commission and the assistant commissioners do listen. That is very important.
The whole point of this process is that it is consultative. It is a three-stage process and I think the changes to that process are right. You have got the initial proposals coming out and then you have got the secondary consultation stage, including the public hearings when people can discuss not only the Boundary Commission proposals but any alternatives that have been put forward, which I think is absolutely right for that secondary stage, and then you have got the revised proposals.
The commissioners do listen and they change their minds. I have found them to be very accommodating to what should be changed if people make a good argument. The arguments have to be based around the factors in rule 5: existing constituencies, local government boundaries, local ties and geography. Those four factors are the way in which you persuade them to change. Indeed, we changed them a number of times: in the last review, the Boundary Commission for England changed the composition of more than 50% of the constituencies. That showed they were prepared to listen.
During the Second Reading debate, you referred to the notorious Mersey Banks constituency, which illustrates the issue very well. I entirely agree with you: it was one of the strangest proposals I have ever seen from a boundary commission, but like the Labour party, the Conservative party opposed it. We all opposed it at the initial stage, and the boundary commission came out with revised proposals. They never came out with final proposals because the review was effectively suspended, but they changed Mersey Banks so there was no detached constituency. That is the whole point of the process: you have a proper consultation, then they come out with the proposals that best meet the factors within the quota tolerance level.
John Spellar (Warley) (Lab)
Q
Roger Pratt: I always support whatever is the Conservative party line. I am a Conservative party employee.
John Spellar
Q
Roger Pratt: I think I am right in saying that the decision about the Isle of Wight followed discussion in the House of Lords about the previous Bill. The Lords decided that it was wrong for the Isle of Wight to link with part of the mainland. There is quite a large chunk of water. Those two constituencies would be made up of about 55,000 people, as you rightly say, but it is difficult: you have to get a ferry and so on. I appreciate that there is a Skye bridge, but you could not do Skye on its own. I cannot remember what the Skye electorate is, but it is not very large.
John Spellar
There are lots of ferries between Portsmouth and the Isle of Wight, though. I was recently on a Defence Committee visit there, prior to covid-19, and the ferries are quite regular and quite quick.
Roger Pratt: There are ferries, but if we are talking about communities, I think the Isle of Wight would feel very let down if it were linked with part of the mainland. I remember a boundary commission where it was suggested that there should be a seat crossing the Mersey between Liverpool and the Wirral, and that suggestion was very unpopular and rightly changed as a result of the consultation. With the 12,000 people from Skye, the current electorate of Ross, Skye and Lochaber is almost exactly the same as the seats in the Isle of Wight would be. The Isle of Wight seats would be very slightly larger.
John Spellar
Q
Roger Pratt: You are right that Wales was not required to use the English Parliament. At that time, there was a Welsh Assembly; it is now called the Welsh Parliament. That Parliament has a lot of responsibility, particularly for health and education, but for a lot of other matters as well. Members of Parliament from England have to deal with health and education, whereas those from Wales do not, so I think it is right that Wales should be on a fair and equal basis with England, Scotland and Northern Ireland.
John Spellar
Q
Roger Pratt: Certainly it needs to be as accurate and complete as it possibly can be. Some of those matters are beyond the scope of the Bill, but I would support all the measures that the Government are taking, as are the Scottish Government and the Welsh Government, and all the local authorities, to ensure the most accurate and complete register we can possibly get.
John Spellar
Q
Roger Pratt: There were some perfectly legitimate causes of local complaint, but one of the things they had to do was make sure that the knock-on effects were affected. Certainly, the Labour party and ourselves and others always put in an overall plan, so you could look at the overall plan. That is what you must do to try to get it right sometimes.
The Labour party and ourselves and other parties agreed in Dorset. All three of us came up independently with the same alternative plan for the Boundary Commission, so I do believe that it is right. I do not believe that a 7.5% quota is right.
It is a question of balance, isn’t it? It is a question of the balance you strike between getting a quota right and community ties. I think the quota at a 10% variance, rather than at 15%, which you would have under seven and a half, is the right balance to strike.
In the past, the Boundary Commission, in the rules under which you were all elected, stated quite clearly that it needs to get as near as possible to the electoral quota—that is in the Act—but it has been conflicted as to how it uses those rules. Under the new rules, it is not; it knows it has to get everything within 10%, that is 5% either side, but, in addition to that, it uses the rules to make sure that it uses the other factors. It does not need to get as near the quota as possible. Mr Bellringer made that clear this morning.
If I may, Mr Chairman, I have one other point on the 10%. The right hon. Member for Elmet and Rothwell referred to the Organisation for Security and Co-operation in Europe. The OSCE Office for Democratic Institutions and Human Rights publishes an election observation handbook, which says that,
“all votes should carry the same weight to ensure equal representation. This means that each elected representative represents a similar number of registered electors. For example, in a majority voting system, the size of the electorate should not vary by more than approximately ten percent from constituency to constituency.”
I think that is the right balance to strike.
Jane Hunt (Loughborough) (Con)
Q
Roger Pratt: Yes. I think that is absolutely right. When there was an original five-year term, it was linked to the Fixed-term Parliaments Act 2011. Since then, we have had two general elections not based on the Fixed-term Parliaments Act, and I think it is the Government’s intention to change that Act. So I think eight years is the right balance to strike, so that normally you would have two Parliaments between each review.
Jane Hunt
Q
Roger Pratt: I fully support the changes. I think it is right that the initial proposals should be out there for eight weeks, and you should not be having public hearings during that period. It was very difficult to have public hearings during the initial period; I think that caused problems for parties and people. It is much better that, during the secondary consultation stage, which is six weeks, you have those public hearings, and you can discuss not only what the Boundary Commission has brought forward but any other alternatives that are brought forward in the first stage. So I think it is absolutely right.
The Chair
Order. I am afraid that brings us to the end of the time allotted for the Committee to ask questions of you, Roger. Thank you very much for your time and your expertise today; they have been much appreciated.
Roger Pratt: Thank you very much, Mr Chairman.
Examination of Witness
Tom Adams gave evidence.
2.31 pm
The Chair
We now move to our second witness this afternoon. We will hear from Tom Adams. Tom is the acting director of data and targeting for the Labour party. And we will have until 3 am for—[Hon. Members: “Three am?”] Sorry, I knew there was something wrong there.
Tom, we have until 3 pm with you today. I will go round the Front-Bench spokespeople first and then other Members, as they signal, will ask you questions.
Chloe Smith
Q
Tom, may I invite you to talk about the automaticity provisions in the Bill? By that, I mean the measure that we are proposing whereby the review’s recommendations should come into effect automatically, without the possibility of political influence either from the Government or from Parliament. What is your view on those provisions?
Tom Adams: Broadly, I think there should still be some parliamentary scrutiny of the review’s recommendations at the end. Fundamentally, while the commissions are obviously independent, the advice and instructions given to them by the Government are obviously given by the Government of the day. And given that there is still some scope for whoever is in Government at that time to influence the process in some way, I think it is right that the review’s recommendations come back to Parliament.
Fundamentally, the Government have obviously now decided, rightly in my view, that there should be 650 seats and not 600, but obviously the previous reviews—two of them on 600 seats—would have been implemented automatically if these new rules had been in place at that time, which Parliament might later have come to regret if it has since changed its mind. And obviously at those times, there was no parliamentary majority for implementing the change to 600 seats, but Parliament would not have been able to do anything about it at the time.
So I think that Parliament offers a last stop-gap, and it is right that Parliament gets the final say on these matters, just as an important principle of parliamentary sovereignty on this material.
Chloe Smith
Q
Tom Adams: Sorry—what I mean is that obviously the Government, by proposing the Bill and passing it, will be able to set things such as the 5% threshold. That is obviously something that the Government have decided upon and Labour has taken a different position on that. That is what I mean—the Government are deciding that that is the threshold to be used. Therefore, given that the Government have some ability to influence this process—it is not completely and utterly independent, because fundamentally the commissions have to work within the guidelines that the Government have given them—I think it is right that the proposals that come back should be agreed by Parliament at the end of the process.
Chloe Smith
Q
Tom Adams: That is true, but if a Labour Government were proposing this Bill, there might be slightly different thresholds, for example, so clearly the Government still have quite a lot of influence over what is put in the Bill in terms of these boundaries, which obviously will persist for at least—possibly—two general elections. That is why I think it is right that it does come back to Parliament at the end.
Cat Smith
Q
Tom Adams: Broadly, yes, having a constituency that varies by 5.5% from the quota makes more sense than having a split ward or, indeed, an orphan ward added to a constituency, where you have one ward from a different local authority. I think that makes more sense from the perspective of maintaining community ties and having constituencies that the public understand and have trust in. It is a question of having some flexibility in specific areas. Obviously, some wards in the country are very, very large in terms of electors, particularly in the west midlands, where some wards in Birmingham have 20,000. That obviously makes it very hard, in those areas, to come up with arrangements, so having additional flexibility on the 5% figure would make that easier. The same applies to some bits of Wales, for example, where the geography obviously makes it much more challenging.
Cat Smith
Q
Tom Adams: Yes, I think wards should be the building blocks for this. Obviously, where a decision is taken to split a ward, if that is absolutely necessary, it should be along the existing polling district lines, but as you say, polling districts do not have a clear legal status. Councils can amend them, basically, as and when they want. There is not a clear process for how that happens in the same way as there is for how wards are done by the Local Government Boundary Commission. Polling districts are at the discretion of the councils, and although in some areas they are based on parishes, in many others they change quite frequently.
We saw, for example, in the general election some councils that created polling districts just for the purposes of helping them to administer the general election, and then they got rid of them afterwards again. Things like that make it very hard to have a consistent process that is based on using polling district boundaries. Using wards would be much preferable, and avoiding splitting where possible; and where that is necessary, that is when you can use the polling district boundaries to do that. I do not think polling districts should be the primary building block for this process.
Cat Smith
Q
Tom Adams: I very much welcome the move from December 2020 to March 2020. Obviously, the Minister will be aware that we have raised significant concerns about this, in the earlier engagement with political parties. We still have some concerns about the impact of people dropping off the register even between 12 December 2019 and March. Obviously that will be less significant compared with December 2020, but just in our rough estimations looking at it now, it does look likely that a few hundred thousand people will have dropped off the register in that time, because obviously there are areas where people move a lot and there is high turnover of population.
On 12 December there was a general election, so that register will be the most complete a register is going to be. To my mind, it makes sense to use that one, although obviously I strongly welcome the use of 2 March as compared with December 2020, when I think the impact on the annual canvass of coronavirus will have been quite significant. I think the 12 December one would be better: it will be more complete and a better representation of the actual electorates in these places. But 2 March is certainly preferred to December 2020.
David Linden
Q
Tom Adams: Obviously, the commissions did publish the numbers on this, but broadly, there is likely to be a loss of three seats for Scotland and a loss of eight seats for Wales. Obviously, that might change slightly, depending on exactly which register you use, but it is going to be in that region of change.
Ben Lake (Ceredigion) (PC)
Q
Tom Adams: That raises an important question, particularly when it comes to Wales, because Wales is due to lose such a significant number of seats; it is quite a drastic overhaul of the number of Wales’s constituencies. While there clearly needs to be some decrease to equalise the electorate sizes in constituencies, it seems slightly odd that Wales has no protected constituencies at all, yet there will be two constituencies on the Isle of Wight, the electorates of which will be roughly the size of an average Welsh constituency. The introduction of protected constituencies in certain places in Wales is one possible way of achieving that, and Ynys Môn would be a good example.
This big drop of eight in one go is quite significant, and we should be mindful of the impact that it will have on representation in Wales. Having additional protected constituencies—Scotland obviously has several and the Isle of Wight has two guaranteed, whereas Wales does not have any—is perhaps something to look at.
Christian Matheson
Q
Tom Adams: The first thing to say is that I am relatively new to this responsibility in the party. However, generally, they are quite flexible and accommodating. Particular MPs clearly have quite a large role in that, and their submissions are often taken quite seriously. The commissioners clearly do an excellent job of trying to balance all the competing priorities, but they are sometimes potentially constrained by things such as the 5% threshold. However, within the guidelines that they have, I think they do a good job of taking everything into account and coming up with proposals that are genuinely reasonable for everyone.
Alec Shelbrooke (Elmet and Rothwell) (Con)
Q
Tom Adams: Whether we would vote it down is probably a question for the politicians in my party, rather than for me; I work in a technical role at head office. Obviously, it is likely that if the Government supported the proposals, they would still pass Parliament, even if Labour voted against them. I think there is a role for Parliament in finally approving those proposals when they come back, as has been the case for previous reviews.
Alec Shelbrooke
Q
Tom Adams: In the last review, not that many wards were split in the end. I think you are hearing evidence later from academics who have done some research on the difference between 5% and 7.5%, and the better outcomes that 7.5% produces. It is not quite an arbitrary number. Their research found that even the difference between 5% and 7.5% has quite an impact on the outcomes. While there are obviously likely to be occasions when you still need to split wards, clearly any increase in the threshold will improve your ability to maintain community ties and to not have to split wards or create constituencies that seem slightly odd.
Alec Shelbrooke
I just add that the last time, we were able to form much bigger constituency numbers.
Tom Adams: Yes, that change will have an impact.
Laura Farris (Newbury) (Con)
Q
Tom Adams: It certainly creates challenges from the perspective of political parties and others who are reliant on electoral geography boundaries. Given that wards are created by local Boundary Commissions to have some sense of community ties, and they are created for a reason, if you split them you are further cutting community ties, and potentially creating more challenges, in the sense that people are cut off from people who they would see as firmly part of their community by cutting across a ward. Obviously, you cannot always come up with a perfect arrangement.
Laura Farris
Q
Tom Adams: Local Boundary Commissions will certainly try to make that the case. They will come up with those wards for a reason, which is why I think they are sensible building blocks for the whole process. If you abandon that principle and say, “Does it really matter?”, we might as well just ignore them entirely. I do not think that is practical for the purposes of political parties or electoral administrators, who certainly find it much easier to think of wards as sensible building blocks for constituencies, rather than having entirely separate arrangements that do not bear any relation to the existing wards. Using those wards and keeping them as far as possible is sensible.
Clearly the Government recognise that to an extent, because there is the very sensible provision in the Bill of allowing the provisional wards to be taken into account. That is a fantastic reform that will help to keep some of that, so wards will continue to be in line with parliamentary constituencies. We had the problem in the past, even where we were using whole wards, that if those wards were then amended or changed only a year later, the new wards would bear no relation to the constituencies. The new provision enables you to make sure that you have wards and constituencies that are coterminous as far as possible. That does improve people’s experience of the democratic process.
Laura Farris
Q
Tom Adams: In terms of which ones we particularly—
Laura Farris
In the 2018 exercise—sorry, I am not familiar with it myself—do you know what proportion there was broad agreement over and what proportion there was not?
Tom Adams: Not off the top of my head. I do not know exactly; I have not studied that in detail recently. As I said, that was carried out by someone else at Labour head office, so I do not know exactly on which constituencies we agreed and which we did not.
Laura Farris
Q
Tom Adams: Presumably, they are not the only two submissions that will have been put in. The Labour and Tory submissions are not the only ones that will be put in.
Laura Farris
Q
Tom Adams: I am not completely sure off the top of my head, but I am not entirely sure that that is within the scope of the Bill either, to be honest. That is a matter for the commissions really, rather than a matter of law.
The Chair
I don’t think he could answer that, Laura. I think that is more for the Boundary Commissions.
Jane Hunt
Q
Tom Adams: Or equally what happened in the last few reviews. I think I have covered my views on that already, and what I think Parliament should do in terms of approving the proposals once they are put to Parliament. I do not have anything further to add.
Jane Hunt
Q
Tom Adams: Well, the fact that they would go straight to the Speaker is welcome, because that would mean that the Secretary of State could no longer make amendments to them, but I still think they should be subject to parliamentary approval, as I said earlier.
John Spellar
Q
Tom Adams: That gets at one reason why Parliament should ultimately have to approve boundary reviews: if you cannot even get half the House to agree to them, clearly there is not sufficient MP backing for them—not enough MPs agree that it is a sensible process. Last time, the proposed reduction to 600 seats clearly had a big impact on that backing. Keeping the number at 650 will mitigate that somewhat. I agree that that is one reason why it is important that Parliament has that oversight. If it struggles to get half of MPs to vote in favour of the proposal, that implies that people do not broadly think it would be a good outcome.
John Spellar
Q
The Chair
John, I do not think you are entitled to have fun with the witness.
Tom Adams: I would not want to comment too much on that, but clearly there are still community ties in large urban wards, yes.
The Chair
As no one else is signalling to ask a question, I thank Tom for taking the trouble to give us his evidence. It is much appreciated. I thank Members for asking their questions.
The witness on our third panel this afternoon, Mr Dave McCobb, is not here yet. I will suspend the Committee until 3 o’clock.
The Chair
We will now hear from Dave McCobb, the deputy director of campaigns and elections for the Liberal Democrats, with whom we have until 3.30 pm. Dave, I believe that you are joining us from down the line—can you hear us loud and clear?
Dave McCobb: Yes, I can hear you very well, thank you.
The Chair
Excellent; we can hear you too, which is great. Dave, you are very welcome. Could you introduce yourself for the record? I will then call Chloe Smith to ask the first series of questions.
Dave McCobb: Thanks very much. My name is Dave McCobb. I am the deputy director of campaigns and elections—covering the whole of the UK—for the Liberal Democrats.
Chloe Smith
Q
Dave McCobb: Yes, we support the retention of 650 constituencies in this iteration of the proposals. We certainly do not believe that there should be a reduction in the number of MPs unless there is a corresponding increased level of devolution across the UK that would enable us to reduce the number of Ministers. So while there is not further devolution across the UK, we support the retention of 650 constituencies.
Chloe Smith
Thank you very much. I am happy to leave that line of questioning there and allow other colleagues to come in.
Cat Smith
Q
Dave McCobb: Thanks very much. Our primary concern is about the restrictiveness of the 5% threshold in terms of equalising the electorates in constituencies. There have been widespread reports of the degree of under-registration of electors in many parts of the country and of the number of people who are not correctly registered. Setting a very restrictive threshold at 5% reduces the commission’s flexibility to recognise that significant under-registration is likely in some parts of the country.
It also means that constituencies could be constructed incredibly arbitrarily. In the previous round of the review —the proposals that were ultimately never implemented— many constituencies were constructed that really bore no reference to identifiable communities with which people who lived there would identify. That impacted cities in England particularly, where, due to the size of local government wards, the number of wards that needed to be added together could not be done within local authority boundaries. So very arbitrary constituencies were constructed including chunks of some local authorities, and they really bore no reference to communities that people would identify with. That could be eliminated by having a higher threshold of 10%, for example. That would be the No. 1 concern about the proposals as they are currently outlined.
David Linden
Q
Dave McCobb: I have not personally, no. That would be done by a colleague who is not currently in work. In terms of the overall distribution of seats between the four nations, that is something that I would not want to comment on until we actually see the registered totals that will be published for the electoral register that will be used for this.
I would like to bring it back to the 5% threshold. When I have been involved in cross-party talks on this, colleagues from the SNP have rightly raised concerns that the 5% threshold would require the creation of some geographically enormous constituencies in the highlands of Scotland and potentially in other parts of rural England and Wales.
Anyone who knows otherwise may correct me if I am wrong, but someone once told me that the constituency of Brecon and Radnorshire is larger than Luxembourg. It would require a constituency that is already that geographically large—the same applies to parts of the highlands of Scotland, too—to be 25-30% bigger to meet the 5% threshold. That is likely to make it very difficult to represent or campaign in a constituency on that scale.
David Linden
Q
Dave McCobb: As I say, I reserve judgment on the balance of seats between the four nations until we have seen the exact numbers on the proposed electoral rolls.
Mrs Maria Miller (Basingstoke) (Con)
Q
Dave McCobb: We support the principle that the proposals that come from the Boundary Commission should be subject to minimal potential political interference, or a majority party could use its majority to impose boundaries on other people. The critical issue is how far the whole process is as divorced from partisan political control as possible.
Mrs Miller
Q
Dave McCobb: I think that depends on the criteria that are set for the Boundary Commission’s review. Provided that the criteria are set for the Boundary Commission’s work in as non-partisan a way as possible, then not having a political vote at the end of it might be acceptable. Again, it comes back to the provisions that the Boundary Commission is required to work to also being free of party political influence to the largest degree possible.
Mrs Miller
Q
Dave McCobb: I would like to come back to the 5% variation threshold. The Organisation for Security and Co-operation in Europe specifically recommends a variation of up to 10% when doing [Inaudible] necessary. Having that greater degree of flexibility around the way the Commission is able to be flexible, to recognise natural communities where they exist, would enable it to be more free of political direction than as the Bill is currently set out.
The Chair
And the issue of what constitutes pressure on a commissioner.
Dave McCobb: I am afraid I could not hear that.
The Chair
I think the question was, what do you think constituted pressure on a commissioner? You were going to come back to that point.
Dave McCobb: Sorry, I think I have said what I wanted to on that point.
Mrs Miller
Q
Dave McCobb: You make an important point, which is specific to the way in which the commission in England worked on the last review, in that it was very clear that, apart from one or two examples in its final proposals, it was adamantly against ward splitting.
The combination of the English commission’s reluctance to split council wards and the tight 5% threshold contributed to some quite perverse constituencies being proposed in some cases, in particular in some urban areas. In parts of the country, a council ward is 2,000 or 3,000 electors, so a number of them can be added or subtracted around the threshold, but in Leeds, for example, there are 17,000 electors in a council ward and, if you are not willing to split one, in one case a lot of people had to have a random ward that really had no community links with Leeds tacked to the top of a Leeds constituency.
If the commission is given clearer direction on preferring ward splitting if that helps them to retain constituencies that relate to natural communities, that is obviously helpful. We support the principle that each MP should represent a roughly equal number of residents, but we highlight the fact that the Electoral Commission last September estimated that up 9 million potential electors are not on the register and that, while there is evidence that some particular groups might be heavily disadvantaged by under-registration, giving the commission a bit more flexibility to enable it to recognise the parts of the country where there might be major issues with electoral under-registration is the right thing to do.
Mrs Miller
It is interesting: in Wales and Scotland, there is an ability to split wards, even to go down to postcode level. It can be done, so I suppose the question is why it is not done more in England.
Dave McCobb: It is that combination of the two factors: the English commission’s reluctance to split wards, which contributed; and the 5% threshold, which, if that were 10%, would allow it the flexibility better to match natural communities and to recognise that there will be parts of the country with much greater problems of under-registration of people resident there than others.
Ben Lake
Q
Dave McCobb: That is not something that I am in a position to comment on at this time, but I am happy to take that question back to colleagues and to give you a written follow-up, if that would be helpful.
Ben Lake
I was interested to hear your comment about the overall number of MPs at Westminster, that there should not be a reduction without further devolution. I completely agree with you. Do you have a view that you can offer us—or come back to us—on whether the differential devolution statuses across both regions and nations of the UK need to be considered when it comes to the allocation of seats?
Dave McCobb: Again, if it is all right, I will happily get back to you about that, having consulted colleagues.
The Chair
If there are no other questions, I thank you, Dave, for taking the trouble and time to come to us today and to present your evidence before us. We look forward to receiving that written evidence over the next two weeks, if that is possible.
Dave McCobb: Thank you very much and yes, no problem.
The Chair
We will now hear from Scott Martin, the solicitor for the Scottish National party. We have until 4 pm for this evidence. Scott, will you please introduce yourself, for the record?
Scott Martin: I am Scott Martin, and I am the solicitor to the Scottish National party.
The Chair
Thank you, Scott. It is nice of you to join us. We will start with the Minister, Chloe Smith.
Chloe Smith
Q
Scott Martin: I think that the considerations in Scotland are the same rules that are applied elsewhere in the UK, as far as local ties. Obviously it will be perhaps a slightly easier exercise this time round, in so far as there may be fewer constituencies that need to be changed, but certainly a reduction of either two or three will mean some changes that are significant—rather less than the last time round; but clearly the Highland North constituency, or whatever it may be called after the next review, is one that any parliamentarian would clearly find it difficult to represent, given its vast area.
Chloe Smith
Q
Scott Martin: Clearly the two protected constituencies are there for fairly obvious geographical reasons. Highland North, or whatever you want to call it, is not as it were a protected constituency. It is just a constituency that comes up to the 12,000 sq km and 13,000 sq km rule.
Chloe Smith
Q
Scott Martin: I think there is a logic that says if one is reverting from a model of 600 to a model of 650, the existing distribution of constituencies between the nations of the United Kingdom should be retained. Of course, the position of the Scottish National party is that there should be zero Westminster constituencies in Scotland.
Chloe Smith
Thank you, Scott. I am looking forward to talking much more about that with David Linden, as the Committee goes on.
The Chair
Talk about getting your retaliation in last, there, Scott.
Scott Martin: I am sure Mr Linden will be invited to the celebration of his unemployment.
Cat Smith
Q
Scott Martin: I suppose our view on the integrity of the Union may be different from that of other political parties that are represented there. I suspect that it may be two rather than three seats that will be lost, with the current formulas. It rather depends, I think. The numbers we have so far do not include attainers. By my calculation, the percentage of attainers in Scotland is roughly 0.957%, whereas in England it is 0.644%. When the attainers are added in, it may be that Scotland will only lose two seats, rather than three. However, as people have identified, we will not know that until all the final figures are collated after March. I suspect the reason why there are more attainers in Scotland will be questions of life expectancy. Also, because we have voting at 16 in Scotland, it is likely that we manage to get more people on as attainers than other parts of the UK.
Cat Smith
Q
Scott Martin: I certainly think that work could be done on changing the variance, which is effectively half the gains I talked about as a permissible departure in relation to the Venice Commission “Code of Good Practice in Electoral Matters”. The question of wards is rather different in Scotland than in England. Parliamentary constituencies in Scotland are based on wards, with no ward splitting. Of course, before the 2007 Scottish Parliament and local government elections in Scotland, we moved to three or four-member wards. The consequence is that you cannot get sensible constituencies without splitting wards, particularly with the hard limit put in place as a result of the Fixed-term Parliaments Act 2011. It is a rather different situation in Scotland, for practical reasons, as a consequence of the size of wards we have.
David Linden
Q
I want to ask about parliamentary approval. You will note that in the Bill, Parliament’s approval role is being removed. Can you share your view on that?
Scott Martin: That is, in a sense, a highly political question. Do you want politicised districting—everyone has difficulty with that word—or independent districting? Do you want the model they have in the United States, where the word “gerrymander” comes from? The logic is that if you have an independent commission model, which we have had here since the commissions were put on a permanent footing, the ability for political interference is minimised. Automaticity, as it has been described, is a sensible approach to take on that—although clearly, as we have seen from a variety of reviews, including the last two, ultimately, if Parliament wants to stop a review, or wants to proceed or another basis, that can happen, but unless we move to having a written constitution, which I would obviously support, that is not something that we can legislate for.
David Linden
Q
Scott Martin: Yes. In Scotland, there is the Improvement Service, and if you go to www.spatialhub.scot, you will find a polling district map of Scotland. Not all of it is up to date—some of it was updated just before the general election, and some of it is a little bit older—but there is now a complete polling district map of Scotland. Where that data is available, polling districts are a sensible way of drawing boundaries.
The reason why the Boundary Commission for Scotland has had to take a postcode approach is because it cannot use wards, and it did not have the polling districts. I appreciate that there is a bit of a chicken-and-egg situation here, in that polling districts are supposed to be divisions of parliamentary constituencies, rather than being used the other way round, but thinking back to the first Scottish Parliament boundary review, I recall that the Boundary Commission, after its first review, was prepared to take representations from Edinburgh on realigning everything with existing polling districts. Electoral administrators and campaigners in Scotland have practical issues as a result of there being non-coterminous boundaries—it means they have some very strange polling districts—but those issues would certainly be removed if everything was built from one set of polling districts.
David Linden
Q
Scott Martin: There is obviously the 12,000 and 13,000 number there, and certainly some thought could be given to reducing it. My understanding was that that number was effectively taken from the size of Ross, Skye and Lochaber. Clearly we could look at reducing that.
The Chair
I do not see anyone else indicating that they wish to ask a question. Scott, you got off scot-free today. Thank you for your evidence and your time.
Scott Martin: Thank you.
Examination of Witness
Geraint Day gave evidence.
The Chair
We will now hear from Geraint Day. We come to this panel early—we are moving swiftly—so we can give it as much time as required. Geraint, could you please introduce yourself for the record?
Geraint Day: Sure. Hello! My name is Geraint Day. I am the deputy chief executive of Plaid Cyrmu, and head of its campaigns unit.
Chloe Smith
Q
Can we talk a little about how political parties, large and small—I hope you do not mind my acknowledging that Plaid Cymru is one of the smaller ones in terms of parliamentary representation—respond to the boundary commissions? Will you talk a little about how easy parties find it to interact with the boundary commissions, and how we can encourage members of the public to interact with the boundary commissions through the consultation stages?
Geraint Day: The boundary commissions should be praised for the way they approach their interaction with political parties and the public. On the whole, they are very open—they are available online and by phone, as well as through the more formal public hearings. I would reiterate something that one of the previous contributors said: the commissions are very open to alternative suggestions—I certainly agree with that.
Political parties start from the size of the electorate—the snapshot of the electorate. In Wales, which is the only area I feel competent to talk about, we have to start by looking at Ynys Môn. There is only one way you can go from Ynys Môn apart from the Irish sea, and that is across into Gwynedd. All boundary changes therefore start there and expand out. That has a knock-on effect—somebody referred to a domino effect earlier, and that is very true. If we decide to go one way on a proposal, it has a knock-on effect in a subsequent constituency. In the case of Wales, which is bordered on three sides by sea, with the English border on the other side, that leads to certain pressures, especially in mid-Wales, where the population is more sparse, vis-à-vis the more populous north and southern Wales.
Chloe Smith
Q
Geraint Day: Ynys Môn has been mentioned a number of times already today—I have been following the Committee online. It is a unique constituency. In Plaid Cymru’s view, it should be a protected constituency. It first got its franchise during the Acts of Union in 1536, and its representation has continued ever since, except during the Barebones Parliament in the English civil war. We certainly support and call for the protection of that constituency.
In previous reviews where that has not been the case and you start in the south, if you are limited by the percentage variance, you end up getting to Ynys Môn and suddenly realising that you cannot fit the remainder of the constituency within the variance that is left over, as you cross the Menai. Then you have to start again. Realistically, the only place to start when doing a boundary review in Wales is Ynys Môn. You then work your way east and south from there. You cannot go anywhere else; there is no alternative constituency. Only one constituency borders it, and that is Arfon.
Cat Smith
Q
Geraint Day: We do not believe that Wales should lose any MPs. The previous review, which would have reduced the number to 600, has in effect been scrapped, and the number has gone back to 650, yet Wales is losing Members of Parliament and England is gaining Members of Parliament. That seems like a strange place to be. It will appear very strange to the Welsh electorate when they look at this and say, “Where is the UK headed? Is it becoming more and more England-dominant?” We believe that would be incorrect, and that Wales should keep the same level of representation.
Cat Smith
Q
Geraint Day: Absolutely. The figure of 7.5% that has been suggested would help. I think it would still leave challenges, but it would certainly reduce the negative impact of the suggestion.
This is not just about the south Wales valleys, although it is interesting that in the last review, the first proposal from the Boundary Commission about the Rhondda constituency was to include part of Cynon Valley in it. To get there, you have to cross over the Rhigos mountain, which features heavily on winter travel reports on Radio Wales when the mountain road is closed because of bad weather. That is a common occurrence in Wales, due to its geography, and not just south Wales; it happens even more in the north, where you have the mountain ranges of Snowdonia and the Clwydian hills. They are big barriers to building constituencies, and taking a ward on the other side of a mountain away from its natural community has a big impact and is very unpopular with the local electorate.
A larger variance—7.5%, or something akin to it—would allow greater flexibility for the Boundary Commission. It must be said that the commission generally does a good job and is very open to other suggestions, but has its hands tied by the 5% rule. Giving it extra freedom to determine the best fit is a very sensible suggestion.
Ben Lake
Q
Geraint Day: The biggest difference in local ties between Wales and England is the Welsh language. A large percentage of Welsh language speakers are down the west coast, but they are also in some of the upland areas in north and south Wales. Local ties do not necessarily go down the same route as that. The Boundary Commission is looking at geographical ties—shopping centres, travel-to-work areas and those types of things—whereas at times the Welsh language communities do not fit into that local-tie element.
In the past, the Boundary Commission has made attempts to address this; where it has originally proposed splitting Welsh language communities, it has made efforts to put them back together. However, I suggest that it would be better to specifically state that in the Bill, rather than just lump it in with “local ties”. If you look at the Welsh Government’s planning process and the advice it gives to local government about local development plans, those plans are required to have a language impact assessment, a requirement that originates from the Welsh Language (Wales) Measure 2011. The way the Boundary Commission operates is perfectly bilingual and it deserves great praise for the way it operates. However, it is not required under the current local ties rule to specifically consider the impact on the Welsh language. I think that should be included as a specific item in the Bill.
Mrs Miller
Q
Geraint Day: In one regard, it is a very simple statement to make. However, the removal of parliamentary authority and moving that decision away from Parliament to straight implementation is a big step to make. If that rule had been in place in the last two reviews, we would now have a Parliament of 600 MPs and we would not be having this conversation.
Parliament provides a track to final proposals. If we cannot get a majority in the House of Commons, that raises questions about whether it should be implemented. I understand the trouble that the previous two reviews caused, and as one of the people who contributed and spent a lot of time putting submissions to that, it is quite frustrating. There should be some way of keeping some form of parliamentary overview of the proposals without necessarily enabling it to become a party political football in the House of Commons.
Mrs Miller
Q
Geraint Day: In terms of how the Boundary Commission operates, it has been doing its job; the issue has been with Members of Parliament in the House of Commons. The way in which that is solved is something that I think Parliament needs to come to an answer about, rather than the non-elected people in society, including myself. It is really a matter for Members of Parliament, but I understand where you are coming from and I have a certain amount of sympathy. I refer back to my previous point—if this rule had been in place in the past, we would already have a Parliament of 600 MPs and not 650. I think that 650 is by far a better fit and that seems to be the general opinion of the majority of the population, so I think the check has worked, to a certain degree, despite how frustrating it has been.
Mrs Miller
Q
Geraint Day: Island communities are unique and you see that not just throughout the UK, but throughout the world, not least in the fact that they even have the Island games, where various islands of the world get together and put on a semi-Olympic games just for the islands. You see it in the identity. That is something that is quite precious and unique and that we as a society need to foster and take care of.
In terms of their numbers, if the Isle of Wight has two MPs, each one will have an electorate the current size of Ynys Môn’s. If it is good enough for the people of the Isle of Wight, why is it not good enough for the people of Ynys Môn?
Mrs Miller
Speaking as a Hampshire MP, I am sure that the people who live on the Isle of Wight would understand exactly what you are talking about. Thank you.
Alec Shelbrooke
Q
Geraint Day: This is coming down to the constituencies of the United Kingdom vis-à-vis the nations of the United Kingdom. This is one of the consequences of our current constitutional set-up, without a parliament for England, which Plaid Cymru is quite supportive of. The other option if you have equal levels of constituencies in the UK is a reduction in the representation of the Celtic countries of the United Kingdom. Certainly, we do not support the reduction in the number of MPs.
Shaun Bailey (West Bromwich West) (Con)
Q
Geraint Day: Under the rules the Boundary Commission operates with, I can give an exact example from the last review. The Boundary Commission originally proposed putting Llandrindod in with Ceredigion. Llandrindod is in Powys on the other side of the Cambrian mountains from Ceredigion. That was a very strange decision. The argument on local links was that the main trunk road to Ceredigion goes right by Llandrindod. The subsequent argument that we put together, which I think was supported by every other contributor to the response, was that that should not be the case because the linguistic links and levels of Welsh speaking in Llandrindod are much different to those in Ceredigion. Instead, we proposed to look north into Machynlleth and the Dyffryn Dyfi area and take that into the proposed constituency of Ceredigion, which was subsequently adopted by the Boundary Commission.
That worked because there was unanimity of view among those giving comments to the Boundary Commission. Where you would find difficulty is where the different parties and individuals who give evidence differ in their approach. If one or two of the parties had said, “No, we want Llandrindod to go in,” we could have ended up with a very different end result from the Boundary Commission. If it had been required to consider the impact on the Welsh language right from the start, it would not even have made the initial proposal. That is the main reasoning behind it and that is where we come from.
Shaun Bailey
Q
Geraint Day: Absolutely. I pay credit to the Boundary Commission in the first instance; every time I have given evidence without simultaneous translation, it has been able to provide written evidence in Welsh or English. It works entirely bilingually, and it deserves credit for that.
Where it engages with the Welsh-speaking communities is around where it holds public hearings, which can be slightly awkward because of the number that it is restricted to. Having the ability to arrange more public hearings, without a cap, is one way around that. For example, in some of the constituencies along the north Wales coast, there are large population centres on the coast, but the Welsh-speaking communities tend to be in the island areas and the mountains. The public hearings, naturally enough, are held where the large population centres are. Getting rid of that cap and allowing people to interact with communities in more dispersed rural areas should be encouraged, whether it is done through public hearings or through more promotion of online submissions, which might be a way forward.
The Chair
There are no further questions from Members, so thank you very much, Geraint, for your evidence and for your time. We will move on to the next witness, whom I see waiting in the wings.
Examination of Witness
Professor Richard Wyn Jones gave evidence.
The Chair
We will now hear from Professor Richard Wyn Jones of the Wales Governance Centre. Professor Wyn Jones, you are very welcome. We will go round the table, starting with the Minister.
Chloe Smith
Thank you very much indeed, Richard, for joining us this afternoon. It is really valuable to have your insights.
Professor Wyn Jones: It’s a pleasure.
Chloe Smith
Q
Professor Wyn Jones: I have to say that I have had cause to make myself unpopular with Welsh MPs when appearing in front of various Committees over the past few years, because I have argued consistently that there is no real justification for the level of Welsh over-representation in particular.
I think that there is a real issue with the boundaries being so out of date. For those who are interested in such things, there is a historical precedent going back to the first world war, when boundaries were very much out of date. That finally changed, which unleashed a period of Labour domination of Welsh politics that continued, but that was basically what people in Wales wanted and still want, to a very large extent. That is fine, but I do think that there is a real problem with rumbling on with boundaries that are clearly outdated.
There is also a real problem because there is no in-principle argument in favour of Welsh over-representation. It was never anybody’s intention, as far as I can make out; it is an unintended consequence of the rules that were put in place for the other Boundary Commission. We have ended up with a situation that was never justified beforehand, as far as I can see, and for which it is very hard to retrofit a justification now. Even though I love having lots of Welsh MPs, because it makes my life more interesting, it is hard—in fact, in my view it is impossible—to justify the current position, the current stasis and the apparent inability to move forward.
Chloe Smith
Q
Professor Wyn Jones: These kinds of things are always a difficult balance. My general view is that equality of constituency sizes makes sense. I cannot see any particular reason for ensuring that the different constituent territories of the UK are over-represented here. There are different arrangements in place for Wales, Scotland and Northern Ireland. Frankly, the fact that Wales has 6% rather than 5% of MPs—I think that is right—does not make a blind bit of difference.
In terms of general principle, I think equality, with a relatively small margin of difference, is fine. I also support in principle the decision that the changes should be enacted without a further vote. It is probably better that MPs set the terms of the exercise for the Boundary Commission behind a veil of ignorance, if you like, without knowing exactly what the particular outcomes would be for them as individual MPs. It is probably preferable—I think definitely preferable—that they vote behind the veil of ignorance and set the parameters of the exercise, and then allow the exercise to play out in the way we are now used to.
Chloe Smith
Q
Professor Wyn Jones: You choose a particular way of phrasing it that I might not choose. It is human nature that MPs will look at any list of redrawn constituency boundaries and think, “Hang on, where do I fit in in this particular structure?” That may well colour how they then vote or agitate before the thing gets voted on, which I know happened quite a lot with the last review.
We need democratic involvement that is appropriate, in terms of setting the terms of the exercise, such as deciding how many seats there should be in the House of Commons, if you want rough and ready equality or if you want to be very precise in terms of equal constituency sizes. Those are all appropriate decisions for Members of Parliament to be involved in, and I think they should be involved in those.
However, there are in-principle advantages of allowing the Boundary Commission to get on with it, with all the safeguards that remain in place around process. The appointment of commissioners is then incredibly important, but, assuming all those things are done properly, it is better that MPs are not given the final opportunity to undermine the whole thing if they do not like the results.
Chloe Smith
Q
Professor Wyn Jones: I was not implying that that was not the case. I am saying that those safeguards become even more important in a context in which that final vote is removed. That was my sole point. You are absolutely right that the commissions have a very high reputation, deservedly so at present.
Chloe Smith
Q
Professor Wyn Jones: I have no particularly strong view as to 600 versus 625 versus 650, so I do not have a particularly strong view about that, but a reasonably narrow tolerance is absolutely fine. If you are going to will the ends of relatively equal constituency sizes, you have to will the means. If I am going to be consistent in saying that that seems to be the appropriate, fair thing to do in a modern democracy, so be it. We have to will the means to allow that to happen.
Chloe Smith
I salute the crystal clarity of your thinking and the way you have put it to us. Thank you.
Cat Smith
My question is about devolution, which looks very different in different parts of the United Kingdom. It looks a certain way in Wales and, even within England, there are huge variations. To what extent do you think that the Senedd boundaries should be taken into consideration, as opposed to ward boundaries? What do you think makes the best building blocks for Welsh constituencies that truly represent the communities and keep the communities together, while obviously striving to have constituencies as equal as practically possible?
Professor Wyn Jones: Thank you for the question. One of the things we tend to focus on, especially in these kinds of conversations, is the relative number of MPs from each of the constituent nations, but I think it is important to point out that within Wales, the boundaries are now so out of date that we have very large differences in constituency sizes in Wales.
If you take Arfon at one end of the spectrum and Cardiff South and Penarth at the other, there are very large differences in terms of size. To the extent that the boundaries of the Senedd, or parts of the Senedd electoral system, remain tied to those of Westminster, having relatively equal constituency sizes for Westminster will probably make the Senedd electoral system a little bit fairer, too. We miss the fact that the differences within Wales are now very substantial indeed.
If you will permit me to widen the optic a bit, you are right to say that we have distinct dispensations for Scotland, Wales and Northern Ireland. They now look more alike than they did in 1999, but they are still different. England has an incredibly complex—I would say pathologically complex—internal devolution system. My view is that that should be separated out from the issue of representation in Westminster.
There is room, I think, for variation within the state, but in terms of representation in the House of Commons, it seems to make sense to have a kind of equality, not least because I have never heard a good justification for the level of variation that we have. As I said earlier, why should Wales have 6% of MPs when we have 5% of the population? Why not 8% or 10%? There is no obvious logic to the current system. Equality makes more sense.
Cat Smith
Q
Professor Wyn Jones: I think we all recognise that commissioners always have a terribly difficult job to do, because there will be particular communities that feel a sense of association with some communities and less so with others.
Assuming this legislation reaches the statute book, the challenge for the Welsh commissioners is particularly daunting, because Wales would see the biggest level of change. That will be an enormous challenge, and there will be communities in Wales that feel that the changes being imposed are unwelcome; there is no doubt about that. I am an Anglesey boy, an Ynys Môn boy—I can well foresee that people at home will be extremely unhappy. I am sure that there will be different valleys and different communities thinking, “Well, we don’t really have much in common with the people over the other side of the ridge”, and so on and so forth.
So the challenge will be substantial. I think that my predecessor on this call, Geraint Day, pointed to a recent example around Ceredigion, where people felt that the commissioners had got it wrong, and fair play to the commissioners—they went back and changed things in a way that was regarded as being more acceptable. And I have no doubt that there will be lots of that.
David Linden
Q
Professor Wyn Jones: I do not really have that level of insight into the minds of the people involved. All I would say is that I spoke to Conservative MPs in Wales about this—I spoke to many of them because, as you probably have guessed, my views about this issue are not always particularly popular among Welsh MPs, and several of them were very keen to put me right. But it was very clear from a very early point that the reduction from 650 was not politically viable and that the Conservatives would have real issues, in terms of whipping their own MPs to support it.
It was certainly made clear to me very early on that, in all likelihood, the last attempt at reform would fail and that we would be coming back to this issue, and that we would be coming back to it with 650 MPs as the aim. And the people who I spoke to at that time were correct.
David Linden
Q
Professor Wyn Jones: I would not describe it as “particularly courageous”. The issue is that we have boundaries that are terribly out of date; I do not think that there is any argument about that. And we have a real issue, in terms of some constituencies being, by orders of magnitude, larger than others. Wales is a particularly egregious example of that, because we are over-represented to an extent that no other constituent nation is.
So the issue is that if you are going to try and redo the boundaries, on what basis do you do that? As I have said, and I apologise for repeating myself, I have never heard a good in-principle argument for Wales having, for example, 6% of MPs when it has 5% of the electorate. I have never heard an argument that makes any sense of that.
Equality seems to be a reasonable principle, and that means that the biggest impact of any change is felt in Wales. What precisely it means for continuing Conservative representation in Wales in four-and-a-half years’ time, if that is when the next election is held—you are a better man than I am if you can guess that, not least because we do not know what the new boundaries will look like—I do not know. However, that will have an impact on all the political parties; which one it impacts worst, I genuinely do not know.
David Linden
Q
Professor Wyn Jones: I agree that there are very serious tensions across the states, but I genuinely doubt that the relative numbers of MPs from the different constituent units will make much of a difference there. I would concentrate on trying to improve intergovernmental relations between Edinburgh, Cardiff, London and Belfast. That is much more likely to make a difference than having 31 Welsh MPs as opposed to 40. I am afraid that there are fundamental issues around constitutional design and the attitude of the UK Government to the devolved Governments. That is where the action needs to be. Whether we have 31 Welsh MPs or 32 as opposed to the current 40 will not make any difference in terms of dealing with the big issues.
Ben Lake
Q
This is a very interesting debate about representation and what we actually mean by it. You asked, Professor, what sort of logic could be applied and I suppose, if I were a Conservative and Unionist MP, I would have a particular logic of maintaining the voice of the constituent parts of the United Kingdom.
If you will indulge me for a moment, on that line of logic, Wales’s population is set to peak in 2023 and in the next 20 years, England’s population alone is estimated to increase by about 8 million. If we are to continue with the logic about seats, in 20 years’ time, Wales might have even fewer seats and the relative voice at Westminster would be significantly diminished. In the light of the fact that we are no longer members of the European Union, and so more decisions are now taken at Westminster that have a direct effect on Wales, do you think that we might be embarking here on a set of developments that could—down the line, if not immediately—cause quite considerable tension for the Union?
Professor Wyn Jones: Diolch yn fawr iawn am y cwestiwn. Diddorol iawn. [Translation: Thank you very much for the question. Very interesting.]
You make an interesting point. The difficulty with thinking through the logic is what is the pay-off, in terms of an alternative arrangement? In many multinational internally differentiated states, the second Chamber is often used as a way of trying to balance territorial representation and, as I know you are very well aware, there are proposals for changing the House of Lords and making it more territorially representative in terms of its membership and in enhancing that role of its activities too. That would potentially be one way forward. There, you could follow an American Senate-style logic of giving each of the constituent territories equal representation—an idea that was promoted by Carwyn Jones, the former First Minister in Wales. That was an idea that he put forward.
However, in terms of the House of Commons, I really struggle to see the logic of how that plays out in terms of the relative numbers of MPs for each territory. Equality at the UK level—dealing with those issues that are reserved or that are not captured by English votes for English laws—seems to be a relatively straightforward way of proceeding, if you are going to maintain the Union, but then, of course, you would have potentially differentiated devolution settlements for different territories, reflecting the differences of those devolved territories, and perhaps doing something with a second Chamber. Those are probably better ways of dealing with the problem you highlight than coming up with arbitrary numbers for the different representation of the different constituent units of the UK in the House of Commons. Sorry, that was a slightly long-winded response.
Ben Lake
Q
One final question: we have had quite a bit of discussion this afternoon—indeed, this morning as well—on the status of Ynys Môn and the proposal for it to be a protected constituency, given its island status. I know that you are a native of Anglesey. Do you have any particular views or comments in that regard?
Professor Wyn Jones: I am not sure that I will have any additional insight. As you are aware, and—I was listening in to the conversation earlier—as I know many other members of the Committee are aware, those of us who come from Ynys Môn view ourselves very much as “mocha Môn”, as we say in Welsh. That’s a strong identity. People from over the Menai Strait will say, “Well, it’s only a few hundred metres. What makes you so special?” You can go back and forward, as we do in the pubs of that area on a regular basis. The issue is: where do you draw the line in making special cases? At that moment, I am quite pleased that I am not an MP and that I am a mere academic. I can hand that decision back to you.
Christian Matheson
Q
Professor Wyn Jones: This is, as you know, a knotty, difficult issue. A century ago, we ended up with a system that was horribly weighted against more built-up areas and in favour of rural areas, because we had seen a lack of boundary reform. That was deeply unsatisfactory. There are, no doubt, more challenges in terms of MPs moving around in rural constituencies. On the other hand, urban areas often have different kinds of problems that may take up more time. I guess the point I am making is that you could make an argument for Powys being particularly rural. Then again, if you compare it with the north of Scotland or the isles, it looks relatively compact.
There is often a tendency for those of us who live in and who have been brought up in Wales to view ourselves as being particularly rural. Actually, in comparative terms, even Arfon is relatively built up. I really wouldn’t want to exaggerate the differences there. I am afraid I am not really answering your question directly, because I don’t think there is a “gotcha” answer to that. I still think that equality is the place to start from. Then you can say that the very northernmost parts of Scotland, or Shetland and Orkney, have rurality issues that are so obvious and pronounced that they trump the equality argument, but I struggle to make that argument in the Welsh context.
Christian Matheson
Q
Professor Wyn Jones: It certainly did not have the support of elected Members—that is why. Obviously, there was a manifesto commitment, and an election was won on the basis of that manifesto. The usual practice is that that is a mandate and should be enacted, but it was clear from talking to, for example, Welsh Conservative MPs that they were absolutely not keen. They did not view themselves as tied down by that mandate.
Christian Matheson
Q
Professor Wyn Jones: As I think I indicated in response to one of your colleagues, I do not really have a very strong opinion. I know that academics are meant to have strong opinions on everything, but is it 600, is it 625, is it 650? From a Welsh perspective, it is not a massive difference, because we are so over-represented at the moment. Equality is the key thing—if it is 600 or 650, it is not a massive difference in terms of the number of Welsh MPs. I have no strong feelings about that.
Christian Matheson
Q
Professor Wyn Jones: I think I have been very clear in saying that Parliament does have a legitimate role in scrutinising and, in fact, in setting up the basic policy—forgive me if I was not clear in saying that. Parliament should very much be involved in establishing the parameters within which the boundary commissioners work. That is absolutely what Parliament should be doing.
I was saying that there is a very strong in-principle argument for removing Parliament from the final approval. In effect, I advocate a system in which MPs, in particular, are voting from behind the veil of ignorance—they do not know what the particular parameters that they are voting to approve would mean for them as individuals. They should be involved at the start of the process, but then the boundary commissioners carry out Parliament’s will.
I am absolutely not saying that Parliament should not have a role; I am saying that it should be a specific role at the start of the process. The human temptation for MPs to look at whatever the commissioners come up with through the lens of their own self-interest is too strong.
Christian Matheson
Q
Professor Wyn Jones: All the time, yes.
Christian Matheson
Q
Professor Wyn Jones: For example, you will guide a PhD student, but you do not mark their homework; you get external examiners in who decide if the standard is good enough.
Christian Matheson
Q
Professor Wyn Jones: But with respect, we are all human, and I think that asking MPs to look at the results of a Boundary Commission review in the abstract, without considering what it means for them as individuals, is asking for an inhuman level of self-denial. The experience of the last two reviews suggests that there is every likelihood that, if we continue with the current system, these boundaries are going to become so out of date that they actually endanger the legitimacy of the democratic process.
Christian Matheson
Q
Professor Wyn Jones: I do not think that the pressure valve was in any way related to an in-principle view that 650 was better than 600. There was a democratic mandate for reducing the size of the House of Commons. The reason why it did not happen, at least from what I understand after talking largely to Conservative MPs, is that too many people were unhappy about what it meant for them personally. It was not a great defence of principle that won out but—forgive me for saying so—pretty naked self-interest.
The Chair
Professor Wyn Jones, I thank you on behalf of the Committee for giving us your time and for the evidence you presented. That is very much appreciated.
Professor Wyn Jones: My pleasure. I thank all the Members.
The Chair
That brings us to the end of this marathon oral evidence session, in which we have taken evidence from nine witnesses. The Committee will meet again on Tuesday at 9.25 am in this room to take further evidence. Sir David Amess will be in the Chair for that session. I thank Members for their self-restraint—I think only two of you mentioned your own constituencies, which is incredible. I even got to mention Rathlin Island in my constituency, for some reason.
Ordered, That further consideration be now adjourned. —(Eddie Hughes.)
Parliamentary Constituencies bill (Third sitting)
Tuesday 23rd June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 23 June 2020 - (23 Jun 2020)
Tuesday 23 June | Until no later than 9.55 am | Dr Alan Renwick, The Constitution Unit, University College London Professor Robert Hazell, The Constitution Unit, University College London |
Tuesday 23 June | Until no later than 10.20 am | The Green Party |
Mrs Maria Miller (Basingstoke) (Con)
On a point of order, Sir David. Can I perhaps ask that Members be given priority to sit, so we can hear the evidence?
The Chair
That is what I thought would have been done. Surely the Members should be in the main body.
Mrs Miller
Further to that point of order, Sir David. Actually, perhaps the Whip can make room. Thank you, Sir David.
Examination of Witnesses
Professor Robert Hazell and Dr Alan Renwick gave evidence.
The Chair
We will now hear from Professor Robert Hazell and Dr Alan Renwick, both from the constitution unit at University College London. We have until 9.55. They are appearing virtually, in audio only. Professor Robert Hazell, can you hear me?
Professor Hazell: Yes, I can hear you, and I apologise for being a disembodied voice. Can you hear me?
The Chair
We can hear you loud and clear, professor. Dr Alan Renwick, can you hear us?
Dr Renwick: Good morning. I can hear you very well.
The Chair
You have probably never taken part in one of these sittings before, and I do not think that any of us have done so in these circumstances, so it is a big learning curve for us all, but please relax and enjoy the sitting. Colleagues are not here to interrogate you. They are trying to get information out of you to enrich the deliberations that the Committee will begin on Thursday. Professor Hazell, would you briefly introduce yourself, please?
Professor Hazell: I am Professor Robert Hazell. I was the founder and first director of the constitution unit at University College London and I am professor of government and the constitution.
The Chair
Dr Renwick, would you introduce yourself, please?
Dr Renwick: I am Dr Alan Renwick. I am the deputy director of the constitution unit at University College London and I lead our work on elections and referendums.
The Minister of State, Cabinet Office (Chloe Smith)
Q
“among the best in the world”?
Dr Renwick: Perhaps I can kick off. Thank you, Minister, for that question, and thank you to the Committee for inviting us this morning.
As you say, the boundary commissions in the UK are unusual in international comparison in the degree to which they uphold the principle of independence. They are appointed in a process that, on the whole, upholds that principle. As we said in our submission, we have some concerns that the safeguards should be enhanced, but the process that the commissions follow is independent of Government and of Parliament, as it should be. The principle that should be followed is that those who have a direct interest in the outcome of the review process should not be able to determine the outcome of that process, so it is proper that Parliament sets the overall rules but that the process is then conducted by the independent boundary commissions. Of course, it is also proper that MPs should be able to make submissions to the boundary commissions, as they do, but that the final decisions ought to be made by the commissions.
At present, the reviews are conducted by the boundary commissions, but it is then up to Parliament to decide whether to implement those reviews. It seems to us that that is simply a very clear breach of the principle of independence. There have been three cases now—in 1969, 2013 and 2018—when the review was blocked in one way or another. That is not a desirable outcome. Whether or not partisan or personal interests were involved in those decisions, at the very least the perception is created that they could have been. That is undesirable, and we now have boundaries that at least in England are based on electoral registers from 2000—clearly, they are very out of date.
We have a strong view that it is correct to have automatic implementation of reviews, which already works very well and without any problem in Australia, New Zealand and Canada. It ought to be introduced in the UK as well, alongside better safeguards to ensure that the current independence of the boundary commissions from Government cannot be taken away by Government in the future.
Cat Smith (Lancaster and Fleetwood) (Lab)
Q
“safeguards against a government that wanted to interfere are relatively weak.”
Of course I am not suggesting that that is the position of the current Government, but obviously when we legislate we need to safeguard against any interference by future Governments who may wish to interfere with the process.
You explained that you have various concerns about the Bill and you suggest various solutions to strengthen it. What action do you think could be taken to improve the Bill, in order to safeguard us from political interference? Also, can you expand slightly on some of the solutions that you outlined in that blog, for example an amendment perhaps to legislate to bar members of or donors to political parties from appointment to the commission, as is the case with local government?
Professor Hazell: Shall I answer that question? The first point to make is that the greatest risk of political interference is the one that Alan Renwick referred to in his first answer—namely, the ability of Parliament at the final stage to vote down the orders made by the boundary commissioners for their proposed changes. The strongest single point in our submission to the Committee is that in future the boundary commissions’ reports should be implemented automatically, without any opportunity for Parliament to intervene at that final stage.
As we also argue in our submission, however, there is a risk that once Parliament loses the ability to control the final decision, the Government may seek to influence the work of the boundary commissions prior to that final stage. I think, Ms Smith, that was the burden of your question, and in our submission we propose four ways in which the independence of the commission in future should be strengthened, mainly through tightening up the appointments process.
Briefly, those four ways are as follows: first, that in future the commissioners should be appointed for a single, non-renewable term, as with many other constitutional watchdogs, which I can enumerate if you want further details; secondly, that they should be subject to the same political restrictions as members of the Local Government Boundary Commission for England, which performs a very similar boundary defining function; thirdly, that the deputy chair of each commission should sit on the appointments panel, as indeed they did last year in the selection of two new boundary commissioners; and fourthly, that the appointing Minister should be required to appoint only from the names recommended by the panel.
Therefore, we are recommending that paragraphs 3.2 and 3.3 of the “Governance Code on Public Appointments” should be disapplied for these appointments. I remind members of the Committee that those paragraphs allow Ministers in some cases to appoint someone who has not been deemed appointable by the assessment panel, and in exceptional cases Ministers may decide to appoint a candidate without holding a competition.
Mrs Miller
Q
Dr Renwick: One impact is simply the delay that is introduced into the process. As I said, at present we have boundaries that were first used in 2010, and in 2005 in the case of in Scotland, which are based on electoral registers that in England’s case date from 2000. Those registers are now 20 years old, and clearly that delay is undesirable.
Secondly, as I suggested, there is at least a danger of the perception that the process is not as impartial as it should be, and it seems to me clearly undesirable to create that perception.
Thirdly, there is the danger of the reality that the process is not as impartial as it should be. I do not think it is helpful for me to speculate on what the motivations might or might not have been for the decisions that have been taken on those reviews. Perhaps it is safer to go back to the 1969 case, given that no one involved in that decision is present any longer. I think it is fairly universally accepted that that review was blocked because the Labour Government at the time thought that they would lose seats as a result of the implementation of the review and therefore they did not want that to go ahead.
There are similar perceptions in the case of the 2013 decision not to proceed with the review and the decision in 2018 not to go ahead with the review, but I do not want to speculate on whether those perceptions are correct.
The Chair
We have at least six colleagues wishing to ask questions and only 14 minutes left.
Mrs Miller
Q
Dr Renwick: Some people have expressed a concern that, because the boundaries are old, they have had a marked biasing effect on election results. The evidence shows that, in fact, the effect is quite small. There are a number of factors that can mean that a vote cast for one party has more weight in the overall results than a vote cast for another party. The main factors that shape that are turnout. Turnout in Labour seats tends to be lower than turnout in Conservative seats, and therefore Labour MPs tend to be elected with fewer votes than Conservative MPs.
The second big factor is the efficiency of the distribution of votes across the country. Between 1997 and 2005, the Labour vote was much more efficiently distributed than the Conservative vote. Labour had tended to win more marginal seats and did not waste, as it were, lots of votes in constituencies that it lost, whereas in the last several elections the Conservatives have had the more efficient distribution of votes across the country. Those are the main factors that lead to biases in terms of the overall election result.
There is also some effect from the distribution of constituencies—both the distribution between the countries within the United Kingdom and the distribution within those countries. At recent elections those effects have produced small biases in favour of Labour, but those are fairly small biases. I am sure you will hear much more on this when you hear evidence from Charles Pattie and David Rossiter, who are the real experts on this, but the consensus in the literature on this is that that effect is fairly small. The effect that really matters is the effect on the democratic principles, not the outcome of elections.
The Chair
I thank our witnesses for their full answers, but I am afraid we will have to have very brief questions and responses.
Clive Efford (Eltham) (Lab)
Q
Dr Renwick: Both of the principles that you have just mentioned matter, and so does the principle that there should not be too much chopping and changing of constituency boundaries from election to election. There is no single correct answer to the question of how those different principles should be balanced. The Venice Commission from the Council of Europe recommends a maximum deviation from perfect equality in numerical terms of 10%. Currently, under the UK rules we have 5%. The evidence from Charles Pattie and David Rossiter, which I am sure you will hear this afternoon, suggests that something like a deviation of 8% would allow much greater account to be taken of local community ties and much less chopping and changing between elections.
Clive Efford
Q
Dr Renwick: I think there should be a maximum, but there is a good case for saying that the maximum could be extended a little bit without undue cost to the equality of the vote.
Alec Shelbrooke (Elmet and Rothwell) (Con)
Q
Dr Renwick: What I am referring to is the guidance from the Venice Commission. My reading of that is that it implies a 10% deviation from the average. If we look at other countries, we see that in New Zealand the deviation is permitted as 5% from the average, and in Australia it is, so far as possible, 3% from the average, and not more than 10%. Therefore, numbers around 5% to 10% seem to be fairly standard. There is no answer that an academic can give you as to what is the correct number, but something in that region is appropriate.
Alec Shelbrooke
Q
Dr Renwick: The difference between Scotland and England is in the practice of the Boundary Commissions with respect to splitting wards. The Boundary Commission for Scotland is much more willing to split wards than the Boundary Commission for England. As I understand it—and you heard evidence on this last week from Tony Bellringer—it is very difficult for the Boundary Commission for England to split wards, because it does not have sufficient evidence to do that. It seems clear to me that, if you can split wards in a way that does not break community ties, that is a better way of achieving the balance between the principles of equality of votes and maintaining community ties than by increasing the margin. If the Boundary Commission for England were able to split wards more often, that would certainly help the overall process.
Christian Matheson (City of Chester) (Lab)
Q
Dr Renwick: No, I do not think so. I think the principle should be that Parliament sets up the rules in the first place that will allow the boundary commissions to produce a satisfactory set of recommendations, and that those recommendations should then be implemented.
Christian Matheson
Q
Dr Renwick: Yes, I certainly agree that 650 is a better number than 600, but it was Parliament that legislated to go to 600, so it needs legislation to make a decision to move back to 650.
Christian Matheson
Q
Professor Hazell: Perhaps I could answer that, if I may? We are suggesting both. We strongly support automaticity, as Alan Renwick has said. In conjunction with that, to bolster the independence of the boundary commissions, in our submission we propose four important changes to the way in which the commissioners are appointed. Some of those are already matters of good practice, which I am glad to say are followed—for example, that the deputy chair was on the panel for the appointment of junior commissioners last year. To prevent any backsliding, we argue that those four changes should be written into law, so we are inviting the Committee, if it supports the principle of automaticity, to say that we should also have those further safeguards written into the same Bill, in order to strengthen the independence of the boundary commissioners.
The Chair
Order. We have three people wanting to ask questions and three minutes left. Mr Linden?
David Linden (Glasgow East) (SNP)
Q
The Chair
Before that is answered, can we finally have Jane Hunt’s question as well, please?
Jane Hunt (Loughborough) (Con)
Q
Dr Renwick: I can take David Linden’s questions and perhaps Robert can take the second question. I think the New Zealand process is too fast. In a sense, in New Zealand it matters a little bit less because the constituencies are only part of the overall electoral system—it is a more complex electoral system, so they can get away with it in New Zealand. I do not think that would be appropriate in the UK.
In New Zealand there is essentially one set of draft recommendations, then the consultation and then the final set, whereas in the UK we go through several steps. The UK system, which the Bill proposes to maintain, provides the appropriate safeguards and assurances that MPs and others can make representations if the original recommendations are not quite right.
Professor Hazell: To answer the question from Jane Hunt, yes, it is the case that although the boundary commissions are formally chaired by the Speaker, in practice he plays no role and never has. The commissions are led by the deputy chair, who, in each of the four nations of the UK, is a High Court judge, or equivalent. To assist the deputy chair, other commissioners are appointed by the Government; for the Boundary Commission for England they are appointed by the Cabinet Office Minister. The commissioners appointed last year, for example, were appointed for a five-year term, which is renewable. In our submission, we argue that future boundary commissioners should be appointed only for a single non-renewable term, because that is now best practice in relation to other important constitutional watchdogs.
I will mention three recent changes to the law to make the appointment of those people non-renewable. The parliamentary ombudsman is now appointable for a non-renewable seven-year term; that law was changed in 2006. In 2011, the Comptroller and Auditor General appointment was made for 10 years, non-renewable. In 2012, the Information Commissioner appointment was made non-renewable for a single term of seven years.
The Chair
Professor Hazell and Dr Renwick, on behalf of the Committee, I thank you very much for the time you have spent with us. We all feel cheated that we could not see your faces; nevertheless, we are very grateful for the evidence you have given us.
Examination of Witness
Chris Williams gave evidence.
John Spellar (Warley) (Lab)
Chair, before we come on to that, we have had several references in evidence to the OSCE report. Would it be possible for the Clerks to get the link for that and send it through to members of the Committee?
The Chair
That is a splendid idea. Thank you for that suggestion. It will be done sooner rather than later.
I am delighted that Chris Williams is here in person. He is the head of elections and field operations for the Green party. We have until 10.20 am for this session, not as was indicated on the Order Paper. Mr Williams, please briefly introduce yourself.
Chris Williams: I am Chris Williams. I work for the Green party of England and Wales as head of elections and field operations.
Chloe Smith
Q
Chris Williams: I can run through our thoughts briefly. Thank you for the involvement we have been invited to have with yourself and civil servants.
We are supportive of the change to 650 MPs. We are also pleased that the electoral register data to be used has moved back to March 2020. A minor improvement would have been to move it to December 2019, but that is still a good move. Changing the future reviews to every eight years is positive.
I have some concerns around how the constituencies will end up looking in terms of representation of the communities that we want to see well represented as part of the system we operate within. The 5% tolerance limit is potentially challenging. We have some concerns around how all this will be perceived in Wales. The last speakers spoke about automaticity. I have commented on perception and the perception that any involvement from the Government could be seen as problematic without the ability for Back Benchers to stop any recommendations once they come back from the commissions.
Finally, if I have understood things correctly, in future reviews, the Bill says the deadline in any year for the commissions to report back to the Government or the Speaker is 1 October. In future, there would not be very long before a general election—just seven months. That does not give a great deal of time for reselection and candidate selection to take place and for smaller parties and independents to get their act together, so to speak. I think moving the date forward to something more like July before a general election would provide a bit of protection there.
Cat Smith
Q
Chris Williams: That is a good question. I guess I should say—I appreciate it is beyond the scope of this Bill—that the Green party does not support the first-past-the-post system, but one of the benefits of it is the very strong link between Members of Parliament and the communities they represent. If members of a community perceive that their constituency is of a very bizarre make-up, or that they have been stuck together for some convenience, that breaks down that benefit that currently exists with MPs.
Certainly from my experience last time around, when we were seeking 600 constituencies with a 5% tolerance limit, some very bizarre constituencies were put together. I looked at the west midlands make-up in some detail, and some of the constituencies were incredibly bizarre, with an awful lot of complaints. One was effectively a sausage-shaped constituency that was very, very long—I think it was the Birmingham Selly Oak and Halesowen constituency. The only thing that the boundary commission, bless them, could find to operate within the tolerance limit that had a community tie was a canal, but of course if you take that to its extremity, you will end up connecting some places that are very far away from each other. Giving the Commission the flexibility to have a 7.5% variance in extreme circumstances, where it is necessary, would help avoid some of those problems. I can see some real problems in rural areas as well, where I think a greater tolerance would really help.
The Chair
Just before I turn to Mrs Miller, I want colleagues who are sitting in the Public Gallery to realise that I am aware that they are part of the Committee. If they want to ask a question, they should indicate to me and then speak from the microphone, as Mrs Miller has done.
Mrs Miller
Q
Chris Williams: There is an argument to be made, particularly around Ynys Môn. I am worried about how all this is going to be perceived in Wales, with a drop of about 20% in the number of MPs, and I think it would be a softener if they see they have been treated equally with England and Scotland, with Ynys Môn seen as a protected constituency. There is an argument about taking into account other geographical features when protecting constituencies, but if you start to look at mountains or rivers, you then start to look at the height or width of mountain ranges, and you get in a complete mess. Certainly, there is a sea in the way between Ynys Môn and the mainland, which is exactly the same criterion that is being used for the Isle of Wight, the Western Isles and Orkney and Shetland. I think it should be applied in Wales as well; otherwise there would be a rightful feeling of wrongdoing to Wales.
David Linden
Q
Chris Williams: Our Scottish Green colleagues will have a similar position to you on the Union. I guess we come from a perspective of wanting every vote to have the same weight and potentially the same impact on an election, in terms of determining the future Government. The difficulty we have is that whatever we do with the process and with first past the post, there is always going to be some inequity between the constituencies, even if we have no tolerance or variance limit at all. By the time they come in, the numbers will still be different, because the data is always historical and never accurate enough. If we are going to go down the line of every vote being pretty much equal, and trying to make that as equal as possible within the system, it is very hard to argue for a great deal of difference between England, Scotland, Wales and Northern Ireland. I would say that a vote in Hartlepool is as equal as one in Ogmore but, at the same time, I can see that this might well bring greater arguments for further devolution.
Chris Clarkson (Heywood and Middleton) (Con)
Q
Chris Williams: I guess I argue that there should not be that inequity, except for protected constituencies. Every vote should be as equal as possible in terms of being able to influence the future make-up of the Government.
Chris Clarkson
Q
Chris Williams: Yes, unfortunately, but I think that we need to consider the Ynys Môn example. Giving the commission the flexibility of a greater tolerance limit will perhaps mean that places like Wales will feel a little less hard done by, and constituencies will be a little more representative of communities.
Chris Clarkson
Q
Chris Williams: I would agree with them.
Chris Clarkson
Q
Chris Williams: Unfortunately, yes. I dare say that England as a whole will not necessarily feel a huge benefit from about 10 extra MPs, but an area like Greater Manchester might well do so.
The Chair
No other colleagues are indicating that they wish to ask a question so, if that is the case, Mr Williams, before leaving, do you wish to add anything?
Chris Williams: I think I have made the key points. Thank you for having me.
The Chair
On behalf of the Committee, we are very grateful for the time that you spent with us. Thank you.
Examination of Witnesses
Professor Iain McLean and Professor Sir John Curtice gave evidence.
The Chair
Q
Professor McLean: Thank you, Chair. I am Iain McLean, professor of politics at Oxford University. John—as he will say in a moment—and I are academics who have been working in this area for decades. I have been a witness at various boundary inquiries, at the fourth and fifth English reviews, never on behalf of political parties, but always on behalf of local authorities. I have published academic papers pointing out that the former rules were mutually contradictory. That was fixed in the Fixed-term Parliaments Act 2011, and it is important that the Bill should not unfix it. I will leave it there.
Professor Sir John Curtice: I am John Curtice, professor of politics at the University of Strathclyde. I have written, as Ian was implying, for about 40 years on the way in which the single member plurality electoral system works in the UK and the way in which the geography affects and has changed its operation in the post-war period. That therefore meets my interest in this area, which has been rather more to do with political ramifications of the commissions’ work and the boundary redrawing rather than some of the more technical side, on which you will find Iain much more expert than I, but I am more than happy to share my observations from the stats in which I am interested. I have written about how the electoral systems operate in virtually every election since 1979.
The Chair
Sir John, your voice is very familiar to us all. Again, at least as Chair, I feel cheated that we cannot see you, but never mind. Just so colleagues realise, you do not have to take the time, but we have until 11.25 am if you so wish.
Chloe Smith
Q
Professor McLean, you began in your introduction by referring to the rules having been put right in the earlier Bill and said that you would not change them again. Could you go into a little more detail on that? I am taking you to mean the rules that we find in schedule 2 to the Parliamentary Constituencies Act 1986, which, as you will know, the Bill predominantly leaves unchanged. We—perhaps like you—think that they flexible enough to allow the commissions to do their work, but perhaps you could elaborate on that. If I may, I would then like to ask Sir John a question once Iain has had a chance to speak.
Professor McLean: The rules, as originally drafted in 1986, were mutually contradictory. Rule 1 said that you should not expand the size of the House of Commons, and there was an equality rule, the unintended effect of which, as it was then written, was to tend to increase the size of the House of Commons after each review, for mathematical reasons that I hope I do not have to go into now, although I can.
They are now expired because two things in the 2011 Act fixed that problem. It gave total priority to a fixed number of seats in the House of Commons, and because that overrules everything else in schedule 2 to the 1986 Act, the creeping enlargement of the House of Commons, which some people thought a problem, is no longer a problem. Secondly, within the other rules, the 2011 Act amends the 1986 Act by giving equality of constituency size priority over the other criteria, including local ties and respect for local government boundaries. Once that priority has been set—I am speaking mathematically, not politically—the contradictions in schedule 2 as it originally operated have disappeared.
I have looked at—with some difficulty during lockdown—the text of the Bill and I have it and the explanatory notes in front of me, via a rather dodgy connection to my iPhone. I have looked rather nerdily at the proposed amendments to the vital schedule 2 to the 1986 Act. From my reading—though I am not a lawyer—I would say that they do not upset the changes that were made in 2011 and, therefore, they should be left as they are. I think that will do at the technical level, although the Committee may have further questions.
Chloe Smith
Q
Thank you for that helpful explanation. To clarify it further, do you think that rule 5(1), the list of factors, does a good enough job of providing flexibility to the boundary commissions, given its place in the hierarchy of rules that you have just gone through?
Professor McLean: I may need a moment, Minister; I have just collected paper copies of the documents. Would it be in order to ask you to park that question and ask John in the meantime?
Chloe Smith
Of course. I am still driving at schedule 2 to the 1986 Act, which admittedly you do not have there in your papers.
Professor McLean: I have the Bill here; the amendments to schedule 2 to the 1986 Act are at the back, in the schedule to the Bill.
The Chair
Shall we go over to Sir John to give you time to absorb it all?
Professor McLean: Okay. I will be ready to answer your question, Minister, when you have asked the next one to Sir John.
Chloe Smith
Q
Sir John, thank you very much for joining us. I wonder whether you might be able to help us with our understanding of the data used for boundary reviews. They are based on electoral registration data; could you give us your views on the adequacy of that?
Professor Sir John Curtice: The short answer is that over the long run, from the various exercises—most recently by the Electoral Commission, and before the commission was created, by the Office for National Statistics—that have looked at the accuracy and completeness of the electoral register, we know that there are inadequacies in the register that have increased over time. Those inaccuracies are also related to certain circumstances such as having recently moved house, living in private accommodation or being unemployed. The Electoral Commission’s most recent report, for the December 2018 registers, said that they were 85% complete, meaning that only 85% of those people who should be on the register are on it, and 89% accurate, meaning that about 11% of entries relate to people who should not be on the register at the place that they are at.
The Bill makes no difference at all for all practical purposes to the rules for redistribution that were passed in the 2011 Act, but that Act places a premium on allocating constituencies with respect to electorates. We know that those electorates are less than perfect; I guess that if we are really now concerned about the mathematical accuracy of boundaries, what we should probably be worrying about is not the rules for redistribution, but ensuring that those rules are implemented more effectively by improving the accuracy of the electoral register. But that is a long-running problem, and I am not trying to argue that it will be easy to resolve.
Chloe Smith
Q
Looking at electoral registration data with its ins and outs, as you have just outlined, is it the right kind of data to base boundaries on—as opposed to census data, for example, or other kinds that you could conceive of being collected?
Professor Sir John Curtice: The problem with census data, obviously, is that it is now nearly 10 years out of date. You might want to argue that the ONS produces a mid-year population estimate over time, but it does not necessarily have the detail required to set up boundaries.
The second problem is that there is a disjuncture between residency and citizenship. If you went in the same direction as the Scottish Government by giving anybody who is permanently resident in the United Kingdom the right to vote, you might want to consider population as a reasonable proxy for that. However, as long as we are going to limit the franchise to British, Irish and Commonwealth citizens, given that this country has a substantial resident non-citizen population, you are probably not going to want to go down the route of using population. That, again, is tied up with the issue of the franchise.
Chloe Smith
Q
Professor McLean: Thank you Minister, and thank you Chair, for your forbearance. It is quite a jigsaw puzzle, but on page seven of the Bill are what you call “Minor and consequential amendments”. That is a mistaken heading; one of them is neither minor nor consequential. I will not comment on the addition of the county of Blackpool in paragraph 4 of the schedule; the only material amendment here is in paragraph 4(2): “for ‘596’ substitute ‘646’.” As Members know, that is one of the consequences of keeping the House of Commons’ size at 650. The number 646 appears in the paragraph because of the four reserved constituencies, which are islands exempted from the equality criterion. That is all good. What is not in here are the changes to the schedule of the 1986 Act introduced by the 2011 Act. I was in a position to check that yesterday.
The Chair
Order. I am slightly embarrassed, but I have to share with the Committee that the Bill available in the room is the wrong Bill. Quite how that has happened, I do not know. The Clerks will make sure that the right Bill is available for the next sitting. I was completely unaware of that, and unfortunately there is nothing I can do about it, I am afraid. It is a pity. Professor McLean, one of the Committee members will get the right Bill; it is on its way, and everyone will have the copies.
David Linden
On a point of order, the Bill that I am working from is the one we used for the Second Reading debate. That is not the Bill in the Committee Room. I do not know if I am the only person in the Committee using the Bill from Second Reading. Will you clarify that, Sir David?
The Chair
The ones that were on the table at the side of the room were wrong, but Bills from elsewhere are accurate. I am very sorry about that.
Mrs Miller
On a point of order, Sir David. Could I ask for clarification on the difference between the Bills? Is it material to our discussion? Does it affect the answer we might get from witnesses?
The Chair
My view is that it does not really affect that materially, but I felt that I should place on record the fact that the Bill that we had was not the right one.
Chloe Smith
Further to that point of order, Sir David. The Bill we should be talking about is the Parliamentary Constituencies Bill. The incorrect one is the Parliamentary Constituencies (Amendment) Bill, a private Member’s Bill put forward by none other than my hon. Friend the Member for Wellingborough (Mr Bone).
The Chair
This is surreal. I thank the Minister for enlightening the Committee. It was an innocent mistake. The hon. Member for the City of Chester has kindly now made sure that we all have the correct Bill. Professor McLean, are you now in a position to respond?
Professor McLean: It turns out that I always was; my document is the correct Bill. To reiterate, for those who are looking at the correct one, paragraph 4 of the schedule to the Bill, “Minor and Consequential Amendments”, addresses schedule 2 to the 1986 Act. That is the one that does all the work. The only material change that is introduced is one of the consequences of keeping the size of the House at 650 Members; after subtracting the four protected constituencies, that is 646. This ensures that the House’s size continues to be fixed absolutely. That removes one of the sources of the incoherence of the schedule as originally drafted.
The other source of the incoherence was that the electoral equality criterion, until the 2011 Act, had no priority over the local ties and local government boundaries criteria. Amendments to the 2011 Act, which is not further changed and is therefore not in front of you here, gave the equality criterion priority over the local ties and local government boundaries criteria. That remains unchanged by the Bill. Ministers and parliamentary drafters have not, therefore, by any mistake reintroduced any of the inconsistencies in the original 1986 Bill. I hope that that is sufficiently clear to Members, but I can expand further if people wish.
The Chair
There we are: the Bill introduced by the hon. Member for Wellingborough inadvertently got some further scrutiny from the Committee.
Cat Smith
Q
Professor Sir John Curtice: The short answer is that the Bill is not concerned with the process of electoral administration. The process of electoral registration deals with electoral administration. As Professor McLean has just pointed out, frankly the Bill does nothing material to change the rules on redistribution, including on the basis on which the electorate is used to do that. I simply pointed out in my response to the Minister that there are limitations to the data. We know that those limitations are somewhat greater in, for example, inner-city constituencies with a highly mobile population, than in constituencies with lots of older voters and a more stable population. That, undoubtedly, is correlated to some degree with the political proclivity of constituencies.
As I indicated earlier, as long as we wish to make a distinction between permanent residence and the right to vote, and as long as we do not wish to have a national identity card system, it is difficult to think of an alternative to the system we have. The question therefore is whether there are ways of improving the accuracy of the register. One thing we can note is that although we moved from household registration to individual registration—a somewhat controversial move—it is not obvious that it has fundamentally changed the character of the problem before us.
Cat Smith
Q
Professor Sir John Curtice: The answer to that question, to be honest, is technically beyond my competence, in the sense that I guess the question that the boundary commissioners would ask is whether it is possible to get DWP data—which refers to the right to work, not necessarily to the right to vote—at the level of local government wards, which are the principal building block used by the boundary commissioners in building parliamentary constituencies. I would not be surprised to be told that the answer is no, but I do not know. Again, DWP data might rely on whether people have a national insurance record, but that is not the same thing as citizenship.
Cat Smith
Q
How can that balance be struck? Is the 5% tolerance most appropriate, or if we are not moving towards a system of proportional representation, should there be a larger tolerance, so that community ties are considered more important?
Professor McLean: For clarity, it is important to separate the question of proportional representation from that of the 5% tolerance, because they are different questions. As I evidently said in 2010—you have better recall of what I said than I do—a single-member district system cannot be proportional. That is a mathematical truth. Legislators must make a choice, and the choice that the UK Parliament has made is reflected in this Bill and many others: the single-member district system.
I do not think that it would be a good use of this Committee’s time to talk about whether the UK should switch to proportional representation; with your permission, Chair, I would rather duck that part of the Member’s question.
On equality, the Member poses an important question: is it correct that the equality criterion should override the other ones—the ones on local ties, and on the constituency boundaries following local government ones where possible? My view, which is an arithmetical view, not a political one, is that it is right for the equality criterion to override the others.
Becoming somewhat more political, my observation of boundary inquiries is that since local ties are not further defined in the Act, I have observed on several occasions that for a number of very shrewd operators, who will be well known to members of this Committee, Conservative local ties go one way, Labour local ties go another, and Liberal Democrat local ties go yet another. Each of them, because they are paid to do so, makes a plausible case before a commissioner, who in England is deliberately chosen not to be from the area. Moving on from the mathematics, my view as a political scientist is that the local ties criterion is eminently manipulable, whereas the plus or minus 5% criterion is not.
Is the criterion wide enough? In the United States the courts have said that as near as possible to 0%— not 5%—is the accepted tolerance for US congressional districts. So, it is possible to have a tolerance lower than 5%, but that is not in this Bill and it is not in the earlier Acts.
John Spellar
Q
Professor McLean: Well, since we have more time than we thought, we could have a discussion about US congressional districts, but Members may wish to move on.
Alec Shelbrooke
Q
Building on what you have just said, Professor McLean, about keeping the right size and in terms of communities, about which one can always argue, can we look at rule 5(1)(c) in the 1986 Act, which is about keeping boundaries in existing constituencies? My question, to both witnesses, is about whether the Bill needs to have some clarifications put in it, especially around what we are struggling with regarding the Boundary Commission for England. The evidence from the Boundary Commission for England was pretty much, “We are always going to try and do it with wards, and we will just get the numbers to work.” That overrides almost all the rules in clause 5, including geographic considerations. I gave the example of a North Yorkshire ward that one can only get to by completely leaving the constituency and spending a considerable amount of time on the road, but it would make the numbers work.
Can I probe your minds on the resistance to building outside of the wards, or, in other words, splitting wards down, as they do in Scotland, in order to try to keep existing communities together? What are your views on the different definitions of county constituencies and borough constituencies? How does that play into the building of constituencies? Does the Bill need further guidance to try to equalise the United Kingdom’s approach to how it builds constituencies, with the gold standard of Scotland being a good example?
Alec Shelbrooke
Yes or whoever feels it is more appropriate for them to answer it.
Professor McLean: If John is willing, I will go first, but John will wish to add something about the practicalities of the Boundary Commission for Scotland, which he has written about in academic articles.
The presumption against disturbing existing constituencies is no longer sustainable because these are based on electorates in 2000. Population movements, in what will be 24 years before the new constituencies are implemented, will make it impossible, in more than the odd coincidental case, to give any priority to the maintaining of existing constituencies preference. I think 5% plus or minus should be enough for the boundary commissions and the county-by-county inquiries to deal with difficult situations, such as the one the Member mentioned of a large, empty area in the middle of a constituency. I take it that that is the geographical problem that the Member mentions.
There are other well-known problems of estuaries, such as the problems in the Wirral area last time. Plus or minus 5% should be enough to cope with that. At the risk of sounding like a stuck record, I think it is right that in the 2011 Act, which this Bill importantly does not modify, the plus or minus 5% is given priority over the other local ties rules.
As to whether local government wards are the essential building blocks, that is non-statutory. It is the practice of the English commission, but it has not been the practice of the Scottish commission. I will now hand the floor to John to answer that part of the question.
Professor Sir John Curtice: There is a crucial difference these days between local government wards in Scotland and those in England. Scottish local government is run under the single transferable vote in multiple constituencies system. When that system was introduced, it was introduced without changing the number of local government councillors significantly. All the wards elect three or four members. As a result, every ward in Scotland was increased by three or four. That means, therefore, that the building blocks in Scotland are large, making it difficult for the Boundary Commission to respect more badges. There are one or two instances in England, such as Birmingham, where that issue can also arise, but it is relatively limited.
It is also true—this is not the area of my own expertise—that some entrepreneurial past secretaries of the Boundary Commission for Scotland have ensured that the Boundary Commission has a much better geographically-referenced database than the one in England. I was reading some of the evidence given to the Committee last week and that came out. I am tempted to say that that is one of the advantages of living in a small country: it becomes possible to administer things in finer detail. We have referred to county and borough constituencies. That only relates to the rules for expenditure. It does not otherwise make a great deal of difference.
Beyond that, I simply observe that in this conversation and this morning, and in much of what the Committee seemed to be talking about last night, seems to be about what this Bill is not about, as opposed to what it is about. The Bill does not fundamentally change the rules of redistribution that were introduced by the 2011 Act and implemented by the Boundary Commissions in their 2013 and 2018 reviews—sadly, neither of which were implemented. Apart from changing the number of MPs, it does nothing to change that—apart from a minor and perfectly sensible change with the rules about respected local government boundaries. I suggest that at some point the Committee might want to focus on the significant changes the Bill does introduce as opposed to the areas that the Bill does not propose to change at all. I understand, of course, that some Members may wish to unpick the provisions of the 2011 Act.
Alec Shelbrooke
Q
This comes down to guidance. As you pointed out, the large wards and the way they are managed in Scotland has allowed a more detailed approach. When you get to the arguments of whether it should be plus or minus 10% or 5%, I am seeking your view as to whether the arguments about the variations can be overcome by the guidance, which goes more explicitly to the Boundary Commission for England in splitting wards.
In the past, there has been a habit of them trying to form some strange shapes, like American congressional districts, just to get the numbers right, forming very strange communities. They have almost always then changed the first draft significantly in the second draft. The guidance that will go in this Bill, especially for the Boundary Commission for England, should try to avoid that situation.
The parliamentary oversight is going, which I believe is the correct thing to do. But we must get this right the first time and use this Bill to iron out these issues. Is this Bill strong enough, in terms of the Boundary Commission for England, to construct constituencies, which have an eye to what has gone on in the past, but do not end up with peculiar shapes and communities just to make the numbers work?
Professor Sir John Curtice: Can I respond to that? It is true that the current arrangements for parliamentary oversight do not make it very easy for the House of Commons to change the detail of the provisions. It basically has to say yes or no, and only after it has said no can the Government attempt to change the provisions of the Commission. That is the first point; otherwise, it is a guess on my part, but I would anticipate that now we are going to a House of 650 seats rather than one of 600, some of the difficulties with supposedly major constituencies may be less sharp.
The final thing to say is that even with us going for 650 seats rather than 600, the next boundary revision is bound to be a major one. Because Parliament has blocked both of the last two redistributions that it ordered, we now have boundaries that are 20 years out of date. We are also finally getting around to dealing with the differences in the allocation of constituencies to England, Scotland and Wales, so this is bound to be a disruptive redistribution. It will be somewhat less disruptive than it would have been with 600 seats, but it is bound to be disruptive, in much the same way as the one that was introduced in 1983, because that got affected by the direction of local government.
You might want to investigate the forces that have resulted in boundaries going out of date—that is, population movements, which historically for most of the post-war period meant people moving out of the inner city into more suburban and rural areas. The last analysis of this I read, which was by the expert Tony Champion, indicates that this has been going on to a lesser extent; it is notable that somewhere like London is now gaining population and is certainly not going to lose out from the current redistribution. Of course, nobody knows what is going to happen in the wake of the pandemic, but it is worth being aware that some of the demographic forces that have given rise to the kinds of inequalities we have been used to may no longer have quite the same force as in the past.
Professor McLean: If time permits, Chair, may I come in on part of the Member’s question, which was to do with whether the guidance in the Bill should be more explicit than this current draft? My view is no, for the following reasons.
The legislation is UK-wide, as you all know. As this discussion has revealed, the English and Scottish—and, may I say, Northern Irish—commissions have all taken different approaches to the local government boundary question. Those different approaches are all legitimate within the text of the Act that this Bill amends, and it does not amend that Act in any material way. Therefore, I do not think there is any need to give guidance to the Boundary Commission for England that, if it wishes, it can be more flexible in Birmingham and West Yorkshire than its predecessors have been. It already has that discretion; that discretion is exercised by the Boundary Commission for Scotland, and to pick up a point of John’s, if at the last review the Boundary Commission for England had invested in geographic information systems that were as up to date as the Scottish commission’s, some of the problems that the Member mentioned—which I know concern a lot of Members—could have been avoided. My view is that as the existing statutory framework gives the commission the authority to ignore local government boundaries if it has to, there is no need to change the draft Bill in that respect.
Clive Efford
Q
Professor Sir John Curtice: The research on this goes back quite a way, and the answer is “to a degree”. For the purposes of answering this question, I will go back 20 years psephologically, because the psephology of party support has changed so much over the past 20 years that this is not necessarily true now. If we go back 20 years, to an era when a middle-class person was markedly more likely to vote Conservative than Labour, and the opposite was true of someone who was working class—that, by the way, is not currently the case—historically, it had long been demonstrated that if you were a middle-class person living in an area that was predominantly populated by people in working-class occupations, you were more likely to vote Labour than if you were a middle-class person living in a more middle-class area.
There were two potential forces going on there. One is that, to some degree, middle-class people who choose to live in a more working-class area may actually already be rather more of a Labour disposition, but equally, it has certainly long been argued that to some degree, you are influenced by the social interaction to which you are exposed, so if you are living in a working-class community, you are more likely to be exposed to pro-Labour arguments than if you were living in a Conservative one.
Of course, the world has moved on in terms of the demography of party support, which is much less clearly structured by class, and social interaction is no longer as geographically bound as it once was and can now take place over social media. Iain may know more than me, but it has certainly been a while since I have seen anybody doing anything major on the extent to which community makes a difference. The only thing that I would say is that, undoubtedly, one of the reasons why MPs will always be concerned about any redistribution is that it upsets the connection between them and their existing electorate.
One of the things that we certainly do know—again, this may also be relevant to your question—is that if somebody has been elected for the first time at the last election and defeated the incumbent MP from another party, there is a fairly consistent tendency now whereby, in view of the next election, that new Member, who has probably just won a marginal seat, has a great deal of incentive to be representing their community and to be visible and so on, to get something of a personal bonus. You can see that in the way that the Labour party defended some seats in 2019, with newly incumbent, first-term Labour MPs doing well, and it was similar for the Conservative party in 2017. To that extent at least, yes, you can certainly also argue that a minority of voters—in some instances a crucial minority—will vote for their individual MP rather than for the party, but of course, if you get a boundary redistribution that carves up an individual MP’s constituency, that link is broken.
In truth, in our electoral system, there is a continuous and perpetual tension. We want our electoral system to do two things: on the one hand, we want it to provide local representation, and on the other, we want it to be a system that provides a means by which the electorate can choose between alternative Governments. I am afraid that I have spent the last 40 years pointing out the potential conflict between those two objectives and that, if you wish to ensure that the system is fair in the ability of voters to choose between alternative Governments, at some point you have to let go of the emphasis on local representation.
In a sense, the debate that we are having now about mathematical equality versus respecting community ties is a sub-part of that broader debate. Decide what your elections are about: if they are about the election of individual MPs and less to do with Governments, you can focus on representing communities; if you think that it is a system for enabling us to choose between alternative Governments, which is the traditional defence of the single member plurality system, I am afraid that local representation has to be given a lower priority.
Clive Efford
Q
Professor Sir John Curtice: That is what we used to have in the system of parliamentary representation when both boroughs and counties were represented and they were often of considerably unequal size. That comes back to the fundamental question about what we think elections should be about. Are they about providing MPs who represent communities, or are they a mechanism for choosing between alternative Governments? I am afraid that is just an inherent tension within the electoral system that we are looking at.
Clive Efford
Q
Professor Sir John Curtice: Well, you are assuming that the current decisions of parliamentary constituents in some way already play out in—[Inaudible.] As Professor McLean has pointed out, what we regard as our community is sometimes in the eye of the beholder.
Clive Efford
Q
Professor Sir John Curtice: There is a certain geographical concentration of voters who may or may not feel a sense of community, or who may in fact feel that they are an aggregation of many different communities. For example, I expect that relatively few of the constituencies in the far north of Scotland necessarily think that their constituency represents one agreed community, as opposed to a collection of villages. Indeed, if we go out to the Western Isles, where even the concept of village does not really exist, they will not necessarily think that the constituency is some clear, single, coterminous and homogenous community.
Clive Efford
Q
Professor Sir John Curtice: The truth is that whatever set of rules you come up with, you may discover that you have got a choice about exactly how you try to represent community interest. At the end of the day, you may well simply discover that whatever rules you come up with, you end up dividing some places that you think—acknowledging that there is a question mark—might be a community.
Clive Efford
Q
Professor Sir John Curtice: I think my answer is that, while you might make it somewhat easier to avoid some of the cries that “This community is being divided”, the fact is that—if you go back to the current constituencies—communities are divided. Do we think that some of the lines that are drawn down the middle of Birmingham or London boroughs necessarily represent a community boundary? I suggest that they do not always do so.
Clive Efford
Q
Professor McLean: I would urge Members not to go down that road. Of course, it is a political judgment for the Committee and the House of Commons. This is somewhat of a knight’s move answer to Mr Efford, but paragraphs 86 to 89 of the explanatory notes have a section about compatibility with the European convention on human rights. The criteria to be met are in paragraph 88 of the explanatory notes:
“The Bill maintains the principle of equal suffrage”.
The wider the margin, the less equal is the suffrage. That is the trade-off, which Parliament must decide to make. My view is that plus or minus 5% is ample, given that we have the device of protected constituencies. Of course, Members may wish to add to that number. I see that an amendment has been tabled that Ynys Môn should be added to the list, and Members might feel that Wirral should be added. Those are further instances of geographical peculiarities that might make the application of the 5% plus or minus more difficult. That is a political judgment for Members; as political scientists, or electoral mathematicians, we cannot say anything about it, except that those might be plausible cases. I would be against relaxing the plus or minus 5%, in the light of compatibility with the European convention on human rights, among other things.
The Chair
Before asking Mrs Miller to put her question, in a moment the Division bell will ring. Please stand to observe a minute’s silence for those murdered in Reading.
Mrs Miller
Q
What comments can be made about trying to future-proof any proposals, to take into account any proposed developments and house building, while noting that those cannot be taken into any analysis of the quota? Do our experts have any views on whether that should be taken into account with regards to the geographical boundaries, so as to avoid unnecessary disruption in the future?
Professor Sir John Curtice: There is a difference between the rules of the Local Government Boundary Commission for England and the parliamentary boundary commissions. The local government boundary commissions are permitted to take into account anticipated housing developments. I have had the occasional private conversation with people about this. You may want to quiz the Local Government Boundary Commission for England. The question that arises is how accurate the forecasts of house building and demolition activity are and the extent to which that ensure that the local government ward boundaries do not get out of date.
The answer to you is that it is certainly possible—see the rules of the Local Government Boundary Commission for England—but regarding the extent to which it is effective, you should ask the Local Government Boundary Commission for England, because I am not certain. There is a difference and you could anticipate doing a degree of that.
Professor McLean: May I add to that? It is rather unfortunate that there are two sets of boundary commissions with different operating rules. Although it is not in the Bill, I do not understand why there needs to be a separate local government boundary commission, in particular one that operates under different rules, as John has just highlighted, from those used by the parliamentary boundary commission.
If one had to choose between these sets of rules—the Local Government Boundary Commission for England permitting evidence about future housing developments and the rules currently before you not permitting them —I would go with the rules that are in front of you, for the same reason that I gave in an earlier answer. One person’s likely housing development, which may just happen to favour that political party could be countered by another person’s likely future housing development, which may favour another party. I feel for the poor inspector, who is, by construction, not a specialist in the area, and is faced with claims that are very hard to adjudicate. You can adjudicate numbers, but future housing development is much more difficult.
David Linden
Q
Professor Sir John Curtice: That is not difficult. Turkeys were persuaded to put Christmas in the calendar in 2011 but, when Christmas eve came along, they decided to abandon it. There was always going to be a question mark about the willingness of MPs to vote for their own demise.
The reason why we were to have the cuts in the first place is that in 2010 both parties in the coalition proposed reductions in the size of the House of Commons. That was a populist response to the MPs’ expenses scandal. In the end, the cut to 600 that they introduced was less than those in the two parties’ manifestos. Then, of course, implementing it became a victim in 2013 of the spat within the coalition over the failure to reform the House of Lords, and in 2018 of the anticipated inability of the then Conservative Administration to get the provisions through—because they were asking turkeys to vote for Christmas. I am indicating that that is a classic case of how, at the end of the day, it is difficult to persuade Members of the House of Commons to engage in a radical reform that will make their lives difficult.
By the way, given that you have asked this question, let me expand its scope slightly. This is an aspect of the Bill that matters, and this is the question of the attempt at automaticity. To make it clear, there is an issue about automaticity—that is, the ability of Parliament to intervene. Parliament intervened in 2013 and stopped the boundary commissioners working—that was the work of Labour and the Liberal Democrats together—and in 2018 the Conservative Government failed to push the provisions through. Back in the late 1960s, the then Labour Government got their MPs to vote down the provisions. To that extent, there is clearly an issue. Although we have a process of neutral boundary proposals operating under rules set by the House of Commons, in effect the Commons has on three occasions, under different Administrations, ended up not implementing the rule, so there is an automaticity question.
My concern, however, is that although the Bill might make it more difficult for that to happen again, it will not stop it happening again. Given that in clause 8 the Bill stops implementation of the 2018 review, going on to have provisions that supposedly make it impossible for Parliament to overturn things in future, the truth is that the same is perfectly possible for a future House of Commons—a boundary review comes along, the current Administration does not like it, saying, “Actually, we should delay it”, and all they need to do is to introduce a quick piece of primary legislation to overturn it.
As we saw with the Fixed-term Parliaments Act, it is very difficult to introduce provisions that discipline the House of Commons to keep to a set of constitutional rules, given that we do not have an entrenched constitution. Although all of us would laud the fact that the provisions of the Bill are an improvement, reducing the ability of Parliament to stop things, we should not fool ourselves into thinking that it will necessarily stop Parliament, not least because even within the terms of the Bill an order has to be laid—instead of
“as soon as is reasonably practicable”
at the moment—under the new provisions,
“as soon as may be reasonably practicable”.
I am not a lawyer, but the distinction between those two things still strikes me as rather fine on whether or not we could still be left in the situation that we had in the last Parliament, when the provisions were simply were not put before the House of Commons in a timely fashion. That could be repeated.
Professor McLean: I have very little to add. The automaticity may look worrying to some, because it removes the rule from Parliament, but parliamentary supremacy is mentioned in the explanatory notes and of course the Bill could be enacted and then repealed by a future Parliament. That is the nature of parliamentary supremacy. It would be very embarrassing—the mother of Parliaments, one of the oldest parliamentary democracies and so on: it is already very embarrassing that it is operating on the basis of 20-year-old boundaries and therefore we did not have equal suffrage in the 2019 general election, to put it at its most blunt. I would concur with John that Parliament could do it again. It would be embarrassing, and I rather hope it does not.
David Linden
Q
Professor McLean: It was bound to be disruptive once a uniform electoral quota was introduced for the four nations of the UK. John, the Minister, or others can correct me, but I think that that was done by the 2011 Act. The fact that, as has already been mentioned, the two instances of review that should have happened under the 2011 Act have not yet happened, means that that bomb, as it seems to some in Scotland and in Wales, was primed in 2011. It has not yet exploded, but it will with the implementation of this Bill; but that is a necessary consequence, as all Members know, of a uniform electoral quota for the United Kingdom. I cannot say any more than that.
Professor Sir John Curtice: Can we go back a bit on the history of this? The truth, as Iain will explain much more eloquently than me, is that he original over-representation of Scotland and Wales was entirely the product of accident rather than design. When the Scottish Parliament was introduced in 1999 by the Labour Administration one of the things that was done as a result was indeed to reduce the size of Scotland’s representation in the House of Commons—although it was done in a manner that was arguably technically deficient, and did not necessarily deal with the possibility that there would be future disparities between the growth in population in Scotland and that in England.
The principle of basically saying that Scotland’s representation should be proportionate to England’s representation was already embodied by the Labour party and Labour Administration at the beginning of the century. The same thing was not done for Wales because of course when the then Welsh Assembly was first created it had only secondary legislative powers, and it was therefore felt that the devolution was not on a scale that justified the reduction in the number of Welsh MPs. Given that we now have a Welsh Senedd that has primary legislative powers that are not commensurate with, but not that dissimilar from, those of the Scottish Parliament, as it were, what has already been done for Scotland seems to be relevant for Wales.
As to the actual effect, now we are talking about a 650 Parliament: by my calculation, which is based on the electorates as of the election—but, given we are now going to do the electorate on 1 March it will be slightly different, but will not be very different—Scotland is probably going to lose three seats. It is the last seat, I think, at the moment, that is tight between Scotland and England. At worst Scotland loses three seats. Effectively, Scotland is affected at the edges but not fundamentally, and the fact that Scotland’s political system and political representation is now very different from that in England and Wales is still likely to be heavily reflected in any new House.
This is essentially a redistribution from Wales to England, and then within England it is a redistribution really from a line from East Anglia southwards—as opposed to the northern parts of England. Of course one of the ironies of the situation we are now in is that because the Conservative party gained so many seats—they had the so-called red wall seats in the north of England and so on—actually the disparity in the size of the electorate between constituencies that are represented by the Labour party and those represented by the Conservatives is smaller than it has been at any point during these current set of constituencies. In other words, changes in electoral geography are changing the politics of redistribution. London is one of the places that will benefit; it is now a Labour city. The north-east of England, which now has a non-trivial number of Conservative MPs, will lose out heavily. Therefore, actually the redistributive consequences politically are perhaps not quite as toxic as we might have imagined 10 or 15 years ago.
Bim Afolami (Hitchin and Harpenden) (Con)
Q
Professor McLean: A problem is caused when you are going by a regional area. The practice of the English commission has been to go by counties for some of its units, including administrative counties such as the former metropolitan counties that were abolished in 1986. That is a defensible practice, because the larger the unit within which you operate, the easier it is to reconcile conflicting criteria. Therefore, if you are in a unit of, let us say, three constituencies, one of which by happenstance is the right size and the others are not, it might be difficult to maintain the right-sized one and observe the other rules. If you are in a unit of 15 constituencies, one of which is the right size, the commissioners have more freedom to draw a map that retains the constituency that happens to be the right size while altering the others.
I said earlier that it is likely—I do not have the data, but John may—that there are now very few constituencies anywhere in the UK that are the right size, which is to say, one 600th of the House, given that we have had 20 years of migration and the disruption mentioned in Scotland and especially Wales. So I think it will be very hard to preserve existing constituencies.
Professor Sir John Curtice: All I can add is that I did look quickly at what statisticians call the standard deviation of constituency size—that is simply a measure of the extent to which the number of registered electors in a constituency varies between one seat and another—and that number is constantly increasing. Basically, there is now a greater difference in the size of constituencies than there was in 2017, there was a greater difference in 2017 than in 2015, and there was a greater difference in 2015 than in 2010. Although politically this redistribution may not be as dramatic as people on both sides of the House might imagine, there is no doubt that getting the constituencies to reflect electorate sizes is bound to be disruptive.
Bim Afolami
Q
Professor McLean: That is going to be up to the operating practices of the Boundary Commission for England if it remains non-statutory, and it is not proposed in this Bill that it should be given statutory instructions different from those in the 1986 Bill. Thinking on my feet, I think that with the exception of the Isle of Wight, which is not a true exception because it is one of the preserved areas, county populations in the south of England are sufficiently large that—sorry, we are not here treating Rutland as a county—
Bim Afolami
It is not a proper county anyway.
Professor McLean: If we take out the Isle of Wight and possibly Rutland, it should be reasonably feasible for the English commission to operate at county level, but that is an operating matter for the commission. At present it is not in the Bill. If an amendment to give greater respect to county boundaries were introduced to the Bill during its progress, that might imperil the equality rule, which the current law gives as trumps.
Bim Afolami
Q
Professor McLean: The only one of the four commissions that has possibly felt itself at risk under those conditions in the past is the Northern Ireland one, where there are deep issues of community and sectarianism. I am all for protecting commissions from that sort of pressure. Having observed the operations of county inquiries in England—I have never done a Scottish inquiry—I would say that the boundary commissions’ staff and inspectors have always maintained great professionalism. I would not expect that to change under the sort of behavioural issues that you raise.
Professor Sir John Curtice: I would trust the boundary commissioners much more than I would the House of Commons on this subject, to be perfectly frank with you.
The Chair
I would like to take the two final questions together because we have only three minutes left. First, Mr Matheson and then Mr Clarkson.
Christian Matheson
Q
Chris Clarkson
It is fine, Chair. My question is far too long for the time we have left.
The Chair
Splendid. Witnesses?
Professor McLean: To Mr Matheson’s question, I am not too concerned about this Bill, perhaps precisely because this Bill does not go into the level of detail that some people might have wanted. It does not give instructions to the commissions, for instance, to always respect local government boundaries or not. The commissions have that discretion. If this Bill is enacted in the rather spare form in which it is in front of you, I would not be too worried about the sorts of issues that the Member has just raised.
Professor Sir John Curtice: Yes, of course you are right that the rules for redistribution are always politically contentious. That said, and to give him due praise, the rules that are now being devised, in so far as how you allocate seats to the parts of the United Kingdom and within England, do follow the rules that Professor McLean was crucial in persuading the Electoral Commission were the right rules to use for allocating MEPs to the regions in the European electoral system. That can be shown to be the fairest way of doing it. On the first point, yes, you are right.
On the second point, as I have been keen to point out to you, if at the end of the day the House of Commons thinks a boundary commission has fouled up, it can still stop the boundary commission. Any new Administration, in particular, can stop it by simply passing new legislation, so you still have the nuclear weapon if you want it.
On the subject of political aspects, that is a part of the Bill that should be discussed; I am concerned that there is some political consideration going on here. Nobody has raised the point that the next review under this is supposed to end in July 2023 rather than in October 2023. No justification is given for that in the Cabinet Office memo or in the explanatory notes. The only explanation that I can think of—maybe I am being unfair—is that somebody is wanting to pave the way to make it possible to hold a general election in autumn 2023 rather than in spring 2024. Certainly, somebody needs to explain why the next procedure is going to be foreshortened by three months for a set of boundaries that are then going to be in place for another eight years, and this is not going to happen thereafter. There is no justification so far, and I encourage the Committee to inquire further.
The Chair
On that final note, which the Committee will have time to reflect on, on behalf of everyone, I thank you, Professor MacLean, and you, Sir John, for the time you have spent with the Committee. We have greatly enjoyed listening to you both.
Ordered, That further consideration be now adjourned. —(Eddie Hughes.)
Parliamentary Constituencies bill (Fourth sitting)
Tuesday 23rd June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 23 June 2020 - (23 Jun 2020)
The Chair
We will now hear from Peter Stanyon, chief executive of the Association of Electoral Administrators, and we have until 2.30 pm for this session. Mr Stanyon, would you briefly introduce yourself to the Committee, please?
Peter Stanyon: Certainly. I am chief executive of the Association of Electoral Administrators, or AEA, and we are the professional body that represents those who deliver the electoral process across the United Kingdom. It includes some returning officers and some registration officers, but primarily it includes those who many of you will have come across, who actually deliver the nuts and bolts of the electoral process in the field. We are a body that represents their interests, such as liaison, training and the like, across the board.
The Minister of State, Cabinet Office (Chloe Smith)
Q
Peter Stanyon: Certainly, Minister, and thank you. The key point is that these are the building blocks of the democratic system. The hard work is not necessarily directly to do with the elections process, but is more to do with the production of the electoral register. In terms of how the process works for administrators, the actual involvement in whether the proposals are right, wrong or whatever is not quite at the same level as that for local government boundary reviews. It is more about providing support to elected representatives and others regarding statistics and the like, to make sure that all the relevant needs are met so that the boundary commissions can come forward with their proposals, and councils and the like can make representations through the various processes available to them.
When presented with the final outcomes, the task starts. The key point is to revise the electoral register, so a lot of work goes on to ensure that the building blocks are correct. That does not just mean the parliamentary constituency boundaries—how they interrelate with local government ward boundaries, council divisions, parishes and the like—but, following on immediately from the constituency boundary changes, there is a need to look at all the polling districts, polling places and polling stations for the elections themselves. A lot of technical work goes on behind the scenes to make sure that on polling day, the elector arrives at their polling station in the correct area, with accessible venues and things like that.
One of the huge challenges—this goes back to the outcome of the previous review, which obviously is being effectively terminated—is the fact that each individual registration officer works in the individual building block of their local authority, but parliamentary constituencies do not follow those boundaries. One of the dangers of the previous review was that an awful lot of cross-boundary work needed to take place, which means liaising with neighbouring local authorities. That sounds reasonably straightforward, and in most instances it is, but it often means that different software systems are used for the electoral register and there are different working practices.
Although we all work according to the same legislative background, there are different ways of interpreting that locally. That means trying to ensure consistency across the piece, with the electors and candidates at elections receiving the right level of service and being able to be involved. Where there is more cross-boundary work, more elements of risk come in. Effectively, when it is under their self-control, it is a lot easier for local authorities to deal with those sorts of things. It is really a communication beast between individual registration and returning officers once the actual boundaries are agreed.
Chloe Smith
Q
Peter Stanyon: Absolutely. That came from Sir Ron Gould, who did an investigation into—I think, from memory—the Scottish independence referendum, where there had been some very late changes to legislation. Anything can be planned for. With elections, as you all know, the period ahead of the polls becomes very pressurised. A longer lead-in to any significant change—a constituency boundary change would be significant—is welcome, and six months is certainly the minimum that an election administrator would want.
In the case of these boundaries, the fundamental point to bear in mind is that the electoral registers will need to be reshaped and put into their new building blocks. Whatever the case, we have 1 December as the date the revised versions of registers are published. That is often the logical date at which we would want parliamentary constituencies to be reflected in the electoral roll, simply because it means a full change in the register, which helps political parties and candidates. It can be changed later on but, again, that makes it more complicated. The sooner it is said—the Gould principle is six months—makes it far easier for that communication and working across boundaries with different administrators. De-risking the process is far easier if we have that lead-in time.
Cat Smith (Lancaster and Fleetwood) (Lab)
Q
Peter Stanyon: If I were to ask for tomorrow, that would be helpful, but I am not sure that is going to happen. In terms of the lead-in periods, we welcome the proposed spring timescale for boundary commissions to submit their reports to the Speaker. An ideal timescale would be elections taking place in May 2023, with preparations for an electoral registration cavass kicking on immediately after those May elections finish. We would then certainly look to have something by early summer at the very latest, so that, over that autumn period, as the canvass takes place, the amendments can be introduced to registers in the time for the revisions to be published on or by 1 December 2023.
Cat Smith
Q
Peter Stanyon: Yes, I did. Ironically, the most accurate register of electors is arguably the register that is published with the additions the month after a major poll. In the case of the December 2019 general election, applications were flooding in, but what happens over the elections process is that people are deleted from the register as a result of returned poll cards information coming through to registration officers. Ironically, it is usually the month after an election, when the updates are made, that we have the most accurate version of the register. You may well see drop-offs from the register because your processing-through information has been returned to registration officers as part of poll cards going out, postal votes for deceased electors being returned, and other such issues.
One of the huge things with regards to the 1 December register is that it is not the most accurate and complete register—any registration officer will tell you that. Since the introduction of individual elector registration, the canvass does not register people any longer; it identifies potential applicants. As a result, whereas prior to individual registration everything took place during the canvass period and the register was as complete as it could be on 1 December, now the canvassing process seeps into January, February and March as it runs towards the traditional May dates. You will see fluctuations in registers that mean that the snapshot taken in December is not necessarily the most complete or accurate register; it is more likely to be among the ones that you mentioned.
The register on 2 March, which is being proposed, would provide a more accurate figure than that provided by the register in December, simply because it has taken account of all the additions that were made through the canvass and that went through as part of rolling registration ahead of the general election, and then cleansed the register as a result of the information gleaned from both the canvass and the fall-out from the general election. I hope that answers your question. I am not sure whether I got everything covered there.
Alec Shelbrooke (Elmet and Rothwell) (Con)
Q
Peter Stanyon: Yes, certainly. The legislative background is that a local authority must subdivide every constituency in its area into polling districts, and then designate a polling place for polling stations. If there are changes to boundaries within a local authority area, they might not replicate the situation that is currently in place, so there would need to be a review of the provision to ensure that the newly defined constituencies and the building blocks within them are still applicable to the electorate at that stage.
We have just come to the conclusion of the statutory period for polling district review. The next one is due during the period between 1 October 2023 and 31 January 2025, when every single local authority must do this job. If a significant change to constituency boundaries meant that it was sensible to make those changes, there would be an additional layer to be done. Those same polling district boundaries are generally used for local government elections as well. It is about trying to get all the different layers of boundaries together so that the elector is, generally speaking, always going to the same polling station. If there is a combined poll, it is about getting the ballot papers for them in that particular station.
Alec Shelbrooke
Q
Peter Stanyon: There are instances where a review would be needed—whether that is a full review or a light-touch review—to ensure that the scheme is appropriate for the electorate at that stage. There are examples—this is from my personal experience—of where a boundary change has a polling station in one constituency but it moves to another constituency in a shared district because of the nature of the buildings available. That will add a degree of complexity, with two constituencies going in where previously there had been one, so there would be a need to make sure that each of the layers there still related to the constituency.
Christian Matheson (City of Chester) (Lab)
Q
Peter Stanyon: It is a local authority decision, generally in full council. It depends on how individual local authorities approach this, but there is a need within the statutory process to seek views from those affected in the area and those with special skills with regards to accessibility and disability, for example. Ultimately it is, in effect, a geographical and numbers exercise, but it also takes into account what is best for the needs of the electorate in that area, which is where the political aspect comes in, with the council making that decision for the subdivisions.
Christian Matheson
Q
Peter Stanyon: That much depends on the relationship between the local authorities. On the split wards situation, the returning officer responsible for running the parliamentary election in that area must comment on the review potentially undertaken by the other local authority. It very much depends again on what local practices are. The ideal situation for an administrator would be to have full control of all the areas—the subdivisions, polling stations, districts, staffing and so on —as that makes life easier for administrative arrangements. It is not insurmountable; it is purely about the local practice.
It gets slightly more complicated when we talk about combined polls. If you have a local government election and a parliamentary election taking place side by side, that adds to the degree of complexity. If it is a stand-alone parliamentary election, it is not quite as difficult to administer.
Chris Clarkson (Heywood and Middleton) (Con)
Q
Peter Stanyon: We welcome the fact that the Bill provides for an understanding of the situation closer to when the decisions are recommended by the boundary commissions. One of the big issues is that where ward boundary changes have taken place and the new constituencies follow the old ward boundaries, there is an awful lot of complication in trying to explain that to electors and trying to change systems to reflect a system no longer in place. When you look at a map and see a boundary going straight through the centre of a ward, you are sometimes puzzled about why that is the case. You go back to how it was, based on the previous situation. It is far preferable for the parliamentary constituency situation to be closer to that of the local authority, purely for the administrative reasons of ensuring that you de-risk the possibility of sending electors, postal votes or ballot papers to the wrong area. We would always welcome the latest situation, which is as close as possible to the review, being the one that is enacted and rolled out in the electoral registers themselves.
Chris Clarkson
Q
Peter Stanyon: In many respects, it is the certainty of what the boundaries are. One of the difficulties of the 2018 boundary review was that the boundaries had changed so significantly in some areas that it was trying to replicate them back to the areas themselves. Where registration officers are aware that a previous system—for want of a better phrase—will be the preferred system, as long as that is known well in advance, it is easier to administer than if there is a sudden change to something later on.
Chris Clarkson
Q
Peter Stanyon: Absolutely. It comes back to the electoral figures that are being dealt with. Certainly, the proposed reduction of seats from 650 to 600 exacerbated it. It is 20 years since the review was undertaken, so there will be significant changes in some areas. Over time, hopefully they will be negated as we go forward, but yes, it is difficult to cope with at the moment because it has been a long time since the last boundary review.
Clive Efford (Eltham) (Lab)
Q
Peter Stanyon: In local authority A, the electoral registration officer will cover the area for that local authority, maybe giving that register away. That is reasonably straightforward in terms of polling stations and the like, but slightly more complicated with absent votes and postal votes. There need to be agreements about who will be leading on each individual process. In some areas, the give-away authority will administer parts of the process for the authority that has taken it in, because of software incompatibility or different approaches being taken.
Most of the challenge is about: how do you mirror local authority A’s working practice on to local authority B? Despite the fact that the law that everybody is working to is exactly the same, there are local practices that are slightly different. That comes down to the real nitty-gritty of things like how many staff are appointed to polling stations, the processes used for the opening of postal votes and things like that. It is more an administrative approach that is difficult, which means that the respective returning officers need to communicate very closely with each other, to make sure that there is no element of doubt as to the way in which processes are administered.
Clive Efford
Q
Peter Stanyon: It would really depend on the nature of the split in the area, but, generally speaking, it is far easier to manage a constituency within a local authority area in which you are normally running elections. Equally, splitting down to polling districts, and going lower than the ward building block, may be preferable in some areas, but it could add different issues, depending on the nature of those splits. We would probably be able to cope with the odd one here and there, but if it were across the board of a local authority on a consistent basis, I could foresee that being as complicated as it would be across boundaries.
Clive Efford
Q
Peter Stanyon: Much of what is going on as we speak in terms of the changes to the canvass process is about data. As you are aware, the new IER process involves inviting people to register. More access to data that allows registration officers to target those who could potentially be on the register would be welcome, be that local, national or regional. It depends on the type of data source; equally, it needs to be the right sort of data so that register updates can be done in an accurate and convenient manner.
Clive Efford
Q
Peter Stanyon: I think the Department for Work and Pensions database is, at the moment, pretty robust in terms of checking. The Electoral Commission has done a lot of work on other sources that we have been a party to, including HM Passport Office and the Driver and Vehicle Licensing Agency. Each comes with its positives and negatives; there are lots of pros and cons. One of the things we want to avoid is the provision of data for the sake of the provision of data, because sometimes the data that we already have is more accurate than the data coming in, throwing EROs off course in terms of registration.
Clive Efford
Q
Peter Stanyon: There are potential sources. We need to see the quality of those data sources before we can jump that way.
Mrs Maria Miller (Basingstoke) (Con)
Q
Peter Stanyon: It will vary across the UK. A statutory review must be undertaken every five years. One has just finished, and the next one is due to report between October 2023 and January 2025. In some local authorities, polling district reviews are undertaken after each major poll, just to make sure that the scheme is suitable. It depends on the fluidity of local authority areas.
Mrs Miller
Q
Peter Stanyon: They are separate, as some local authorities will have access to far better mapping tools than others. The simple answer to the question is that basically the polling districts are left to each individual local authority. How they are reported to a national sub-dataset may be inconsistent across the UK, unlike ward boundaries and constituency boundaries, which are on the public record. Because it concerns local authorities, they do report these things but there is no up-to-date central database of every single polling district sub-division, as far as I am aware.
Mrs Miller
Q
Peter Stanyon: I am not sure that I am qualified to say that GIS would be the answer to that sort of situation. Better and more complete reporting of where changes have occurred would be beneficial to all those involved in the delineation of boundaries, whether that involves GIS or something else.
Jane Hunt (Loughborough) (Con)
Q
Peter Stanyon: That is a fair summation. The legislation is currently worded to say that you start at the top and work down; the reality is that most polling district reviews are based on working upwards, based on the availability of premises. The key point for any review of polling districts is that the locations—the polling places—must be accessible to the majority of electors. In the case you have described, the decision, which was presumably made by the local authority, is that there are two good venues with good accessibility, so it would make sense to use both venues in that situation. In other cases, there will be a surfeit of venues, making it far more difficult. It really depends in many respects on what premises or locations are available. In some locations you see temporary buildings, such as portakabins and caravans, because there is physically nothing else for returning officers to use.
The Chair
Colleagues, I know there are more questions to ask, but I must end the session now. On behalf of the Committee, Peter, I thank you for your time and the evidence you have provided. We are very grateful.
Examination of Witnesses
Andrew Scallan gave evidence.
The Chair
We will now hear from Andrew Scallan, who is the deputy chair of the Local Government Boundary Commission for England. Andrew, please introduce yourself.
Andrew Scallan: Thank you. There is not a lot more to say. I am the deputy and I have been for a couple of years now.
Chloe Smith
Q
Andrew Scallan: We have a rolling programme of reviews. Typically, we start 25 reviews each year. Each review, of whatever type, has a certain process resulting in a set of final recommendations. Those recommendations are turned into an order, which is signed by our chief executive after they have sat in Parliament for 40 days under the negative procedure.
Our programme has been worked out. Our reviews take about 15 months. We have a very good idea of where we will be by the beginning of December., and we know where our timetables will take us with our further reviews. The reviews take a long time. We have some contingency because some of our reviews do not finish when we expected them to, because we put in a further set of consultations where there has been something particularly contentious.
Chloe Smith
Q
Andrew Scallan: It depends on how you define prospective, because for us it is our work in hand. We anticipate that 19 reviews covering 3.3 million people will be made before 1 December. Our work programme, at the moment, includes a range of reviews that will not be completed by 1 December. There are around 13 reviews covering 2.1 million people that will be close to completion but will not be ready by 1 December.
Cat Smith
Q
Andrew Scallan: Yes, we think that is exactly the case. It presents the opportunity to challenge; since 2010, there have been three discussions about our orders, but none has been overturned. They are either accepted or overturned, and the 214 that we have done since 2010 have all been approved.
Cat Smith
Q
Andrew Scallan: No. The polling districts are a very useful tool. Our relationship is very different from the parliamentary process. We engage with the local authority, and, as you will know, a feature of our work is forecasting five years from the date of our final recommendations, which is not a feature of the parliamentary boundary commissions’ work. We engage very closely with local authorities and talk through the methodology for doing that forecasting, and the polling districts are a useful building block. When people come to us with proposals, they will often use the existing polling districts to shuffle around, either to create new wards or consolidate thoughts on what ward proposals should be.
Polling districts can change—I know Peter Stanyon was explaining to you the process—but for us it is very rare that we have a change of polling district during our review process. Once we have come up with our new wards, there is the need for new polling districts to be created.
Alec Shelbrooke
Q
Andrew Scallan: From my previous life, the reasons for changing polling districts vary a lot. Sometimes councils take a policy that they do not want schools to be used for polling districts, which then requires other public buildings or even locations for temporary buildings to be thought through.
In terms of what goes through our mind, the legislation is clear that we can carry out a range of reviews. Some are periodic, and those are the ones where we try to go around the country, bearing in mind the number of authorities that we deal with. We also include two-tier county councils, which do not feature in the stats that the parliamentary boundary commission will use, but they are nevertheless a feature of our workload. We have periodic reviews, we have those that can be asked for by Ministers, and local authorities can sometimes request a review because they have chosen, for example—perhaps as part of an election manifesto—to reduce the size of the council. We will go in and start the review process, which for us has a series of starting points.
First, what will the council size be? Unlike with the parliamentary boundary commissions, that is a local discussion that takes place, during which we invite local authorities to think about what their governance arrangements should be. A figure is then arrived at, and we use that to divide the forecast electorate to work out what the average number of electors per councillor should be. That sets the ball rolling.
The other features involved will be whether a local authority has one, two or three-member wards, or a mixture of those. In the starting of our process, we invite local authorities and others to put in their suggestions about what the warding arrangements might be using those divisors, because we cannot claim to know every local authority in detail. We invite wide representation for local authority-wide schemes, but also from residents’ groups and community groups, who are only concerned about their own particular patch within their local authority.
Alec Shelbrooke
Q
“Whilst we support the concept of using the most up-to-date local government boundaries, the Committee will appreciate our concern that doing so should not, unintentionally, compromise the independence and integrity”
of our review programme, which I entirely agree with. Is it your opinion that it is vital for the boundary commission to try to stick to wards, or do you think that is irrelevant? It is useful, but with your five-year timetable and their eight-year timetable and things moving apart, do you think it really matters to constituents if the ward boundaries change and do not quite match constituency boundaries? Do you think that we are trying to blend a round hole and a square hole together?
Andrew Scallan: I am trying to work out what a round hole and a square hole together might look like. There is a real challenge. I do not wish to complicate matters, but in the work that we do, we also take a strong view about the arrangements that exist for parish councils, which vary enormously in size and scope. As well as polling districts, as part of our test around effective and convenient local government, we try not to cause too much disruption to parish councils.
People’s strength of feeling varies enormously and I would not like to generalise. We know that people are concerned about the names of wards. We often get people very agitated about that, which you would not necessarily expect, given that they are overlaid on the real map of any local authority area.
The important point for any organisation dealing with boundaries is to try to explain why they have arrived at the decisions that they have arrived at. For a ward, it might be entirely appropriate to include a ward that has, for example, a major road down the middle of it. If that ward is split by that major road for parliamentary purposes, that needs to be properly explained in the formulation of it. It may well be that that will cut a community in two, but it may also be the only way to balance the criteria that we always juggle with, which is trying to get the electorate as close as possible to whatever quota we work to.
Ben Lake (Ceredigion) (PC)
Q
Andrew Scallan: The strength of views in Cornwall is well known. In terms of our work, it was all self-contained in Cornwall. We try not to get involved in discussions about parliamentary boundaries when we are doing our reviews, not least because we do not want to confuse anyone, especially the community groups that we are dealing with. We have no view about crossed boundaries. We work to our legislation, which basically tells us to stay within local authority boundaries.
The Chair
If there are no other questions from Committee members, I thank you, Mr Scallan, for the time you have spent with us. We are most appreciative of the evidence you have given us.
Examination of Witness
Darren Hughes gave evidence.
The Chair
Q
Darren Hughes: Good afternoon, Chair. My name is Darren Hughes. I am the chief executive of the Electoral Reform Society. We are an independent, non-partisan research and campaigns organisation founded in 1884. Basically, we work towards fair voting rules, principally through proportional representation in the House of Commons, but also on other democratic issues where we can encourage participation. We have quite a strong belief that we should write rules that are technical and fair and that will suit political actors and players when times are good and bad, so that there is never any question about their being written in a way that favours one particular side.
We referred to accents. My accent is a New Zealand one. I served three terms in the New Zealand Parliament, so I am happy to answer any questions that Members might have about New Zealand’s experience with boundaries as well.
Chloe Smith
Q
Darren Hughes: Sure thing. We welcome the change to go back to the future, as it were, with the 650 number. We were quite concerned, at the time that was being looked at, that it would have resulted in quite a high proportion of the Commons being MPs who were also on the Government payroll, which would lower the scrutiny aspect of the legislative side of the role of Members of Parliament. It would also have made the Commons even more out of proportion with the second Chamber, the membership of which gallops along at an alarming pace. I think it is better to have gone for 650.
On some of the differences, in New Zealand there has been more of a philosophical decision that a Member of Parliament’s local duty is to every citizen resident in their constituency, regardless of their age and so on, so constituency size is entirely based on the census figures, rather than on the number of people on the electoral register. We have a long-held view that a lot of constituency casework is irrelevant to the age or electoral status of the citizen in front of the MP. That is a difference.
Another difference that may be of interest is that it is so important that these things are done in a clear, straight, technically correct, robust and honest way. If you lose control of these sort of things, you will live to regret it for a very long time indeed, so it is so important to get it right. However, we also cannot deny that there is a political dynamic to the entire process. Very few industry players get the opportunity to sit around and come up with the rules for their own industry in quite the way that parliamentarians do. You are the guardians of the whole society, so recognising some of the realities there can sometimes take some of the tension out.
In New Zealand, on the Representation Commission, which is a boundary commission equivalent, in addition to those members chosen based on the positions that they hold, such as the surveyor general for mapping, the Government Statistician from our Office for National Statistics equivalent and so on, the Prime Minister is asked to nominate a representative on behalf of governing parties—I say that plural, because in New Zealand a collection of parties run the Government—and the Leader of the Opposition is invited to appoint somebody to represent Opposition parties, or to at least bring their perspectives to bear. They are obviously rightly in a numerical minority, but that blends some of those technical aspects with the political reality.
I should also say that there are reserved constituencies like those discussed this morning, in that seven constituencies are reserved for Maori indigenous voters who register on that roll. Again, taking into account some of the unique identifying features of our polity is quite an important point.
Chloe Smith
Q
Darren Hughes: Yes. Forgive me; I should have touched on that. That is very important. That takes it out the perception or, in some examples, as Professor Curtice pointed to, the reality of political interference, based on what was happening at that particular time in politics.
As I said earlier, there are a handful of laws and rules and conventions that really need to be able to stand the test of time, regardless of any particular party’s fortunes—whenever you start to decide based on that, it is not long before it blows up in the face of those who have done it; they certainly regret it down the line. Putting that in place is important.
That is at the end of the process, and I think it creates a huge responsibility at the beginning of the process to get the scope right and the membership of the commission right, because it is handing a lot of power and say, in a democratic sense, to that institution. That is why you need to spend some time thinking about who should go on it, how long they should be there for and how you balance the need for straight demographic information versus community interests versus the political dimension that exists.
One thought I had on that was that we have consultation periods, but as we all know, consultation can be a small number of very squeaky wheels that take up the opportunity, and are then painted as being “the community”. Given the recent narrow interest in parliamentary boundaries, this might be an area for some of the more innovative techniques for consulting publics, such as citizens’ juries and deliberative democracy mechanisms, where you could take randomly selected citizens for a particular region and use them as a way of consulting. Then actual people could tell you whether they thought a bridge being in one constituency or another really mattered, as opposed to those who take the initiative to write the letter and subsequently take on a cloak of authority when they may represent a tiny fraction of the real population.
Chloe Smith
Q
Can I round off my international comparison questions by checking whether New Zealand or any other countries that you are aware of also run with a judge-led process, securing a high level of independence, as we do in this country?
Darren Hughes: That has been a feature in New Zealand, and I know it is in other jurisdictions as well. One of the dilemmas to resolve is whether you draw up a list of positions you want to serve on the commission and to make the decisions—and in that sense you are blind to whoever the postholder happens to be when the review is done—or whether there are particular people who you think have the skills and strength and integrity to run the decision process for that particular round. That is something for the Committee to think about, because if you nominate particular positions, you always know who will be responsible for the decision, seeing as there will not be that final parliamentary vote, and that may have an impact on recruitment decisions, because those extra responsibilities are thought about. Alternatively, if there are particular people deemed appropriate for that time, that might reflect on whether or not it is judge-led, or whether there is some other structure that might be important.
Rounding off on that point, what you have to have at the back of your mind when coming up with these systems is what happens if they fall into the hands of a bad actor or a disruptive actor, or somebody who says, “This is just a bunch of conventions. It’s not really written down anywhere. We can drive a lorry through this.” The UK system is so trusted and has not gone down the Americanised gerrymander system, so that has got to be protected at all costs. That might lead you to want to be a little bit more prescriptive at the beginning, seeing that you are conceding that final vote at the end.
Cat Smith
Q
Darren Hughes: There are so many strong arguments on the threshold question. We would come down in favour of a higher threshold than the plus or minus 5%, to be able to offer some flexibility in that sense. There are two competing ways of looking at this. On the one hand, who are the people for whom communities of interest are important with respect to parliamentary boundaries? The answer is: every single Member of Parliament and all the people who are in that orbit of representation, democratic work and politics. Outside of the campaign periods, the boundaries themselves, for the most part, do not have enduring appeal or identity. It has always struck me that, on a basic thing that people need to do all the time—think about where they are going to rent or buy a property—Zoopla does not make a big thing of telling you what parliamentary constituency you will be in if you move to this particular accommodation, whereas it will talk about the borough, the schools and the other services that are available. It makes sense to, as best as possible, come up with sensible communities for a constituency because the Member of Parliament will need to be doing a lot of important work there. However, I do not think you want to stretch it too far to pretend that people’s connection to a particular constituency is the most important thing. One way of dealing with that might be to look at the threshold question.
Chris Clarkson
Q
I want to pick up on a couple of points that have been raised. In terms of the 5% electoral quota and splitting communities, going back to the Maori electorates—which I think are arrived at by dividing the South Island’s population by 16 and then applying to the Maori electoral register—they do lead to some splitting of communities and they still stay within the 5% boundary. Is that correct? I am thinking, for example, of Te Tai Tonga, which covers the entire South Island and only part of Wellington.
Darren Hughes: That is mostly right. The number of constituencies for the South Island is set: the population on the census is taken, divided by 16, and that gives you your quota for North Island seats, plus or minus. That number is demand driven by the number of Maori New Zealanders who decide to register on the Maori electorate. For a long time, only about 50% of people did that. It has gone up a lot more in recent times and that is why it has gone from only four seats up to seven, because it is demand driven. It comes off the back of that quota formula that you quote. Therefore—remembering that New Zealand is the same geographic size as the UK—one constituency is the entire South Island plus Wellington in the North Island.
Chris Clarkson
Q
Darren Hughes: Well, they have to work incredibly hard, not just because of the geographic size, but because those constituencies will cover more than one iwi—one tribe. Finding a single Member of Parliament to represent such a broad number of Maori interests, views and citizens is a tough challenge. However, Maori electors are also on the general roll and so will have access to a general electorate Member of Parliament. Also, because New Zealand has used proportional representation for the last quarter of a century, all the political parties of size will have a significant number of Maori Members of Parliament on the list as well. I think that mixed model has certainly led to more Maori Members of Parliament being elected than there were under the previous system. For the actual geographic seats, the burden of size is absolutely something they would all willingly concede.
Chris Clarkson
Q
Darren Hughes: With the boundaries here we have to talk about the single-member “winner takes all” voting system. That means that many millions of people either vote for a candidate who does not win or a winner who did not need their votes. Those votes are not translated into representation. If we had the single transferable vote, you would draw the boundaries differently. Of course, they would be geographically bigger, but you would be electing a team of Members of Parliament to cover that geographic area.
That could also be of assistance for local government. As you are aware, Scotland has had the single transferable vote system of proportional representation for local government for quite some time, and that has better reflected the political views of Scotland, in terms both of parties and of communities of interest. I think it would be great to have parliamentary constituencies for which we did not expect just one person, on a plurality of the vote, to represent absolutely everybody in the area. That is too big a challenge for just one person when such quality alternative arrangements exist.
Chris Clarkson
Q
Darren Hughes: I think that ties into the way in which the boundaries are drawn up. Using the electoral register imposes a responsibility to make sure that it is as accurate and complete as possible, so that those decisions about fairness can be looked at. In that respect, we know that, no matter how you slice it, millions of people are not on the register. Some of the work that has been done on promoting automatic voter registration—the Joseph Rowntree Reform Trust published a paper in April looking at how we can make sure that we find as many citizens as possible and get them on the electoral register—would achieve a lot for a fairer electoral administration, which would then leak through into the kind of decisions that would need to be taken by the boundary commissioners.
Chris Clarkson
Q
Darren Hughes: Yes, provided that we are talking about things such as the electoral register being more accurate and complete by taking proactive measures, for example automatic voter registration. Keeping the number of seats at 650 adds to that argument. So yes, but with the important caveat that you mentioned: this is not a system that we would choose if it were over the last—[Inaudible.]
David Linden (Glasgow East) (SNP)
Q
Darren Hughes: These questions on the Union are very interesting. In our three most recent general election reports, we have been tracking the movement between the nations at elections. In addition to some of the class voting changes that Professor Curtice talked about this morning, we think that those issues of the politics and the psephology of the nations of the UK are certainly worth more attention than they probably get.
The most obvious point with respect to the Bill is that it makes a bad situation slightly better, in the sense that at once stage Wales would have fallen to 28 seats from its current 40 under the cut to 600 seats. I guess that it is important to recognise the effects of the Bill in that regard. Even so, the impact on Scotland is not exactly clear, but it would certainly be a reduction, maybe in the order of two or three seats, while in Wales, it would be more like eight. That becomes quite a significant proportion of the representation.
One thought that we have had about that, though, comes back to the previous answer that I gave to Chris Clarkson about the electoral register and making sure that more people are on it in areas where there might be under-registration or non-registration, in order to boost the entitlement to more constituencies.
David Linden
Q
Darren Hughes: I think that is exactly right. These processes give us the opportunity to say, “What would the rules be and how would they apply in the majority of cases?”, and then, “Where are the outliers, whereby if we did apply the rules we could congratulate ourselves on the consistency?”, but actually we are creating a brand new representation injury, by making politics and representation so distant from people.
As we were discussing with the last set of questions, if we had multi-Member wards, these things could be addressed. Obviously, you cannot change the geographic challenges of some areas—they simply cannot be addressed by any system—but you can make decisions to make the situation worse, and sometimes that is what tends to happen.
If there was a multi-Member system, that would be of assistance, but it is also important to carve out the ability for the commissioners to look at a particular constituency and say, “This just doesn’t make sense.” Equally, you could not make a decision based on those examples and then necessarily apply it to the rest of the UK, because that would create further injustices as well. Until we know more about the effect of the new regime, given that by the time we get to the next election it will be nearly a quarter of a century since the 2000 dataset that is being used, that needs to be part of the consideration. But you point to examples or rules that you could use that would minimise that.
Laura Farris (Newbury) (Con)
Q
One of the things we heard this morning was that US congressional districts had close to zero margin of deviation around population size, and one of the points that you made was that when people buy a house, or look on Zoopla, they are not given information about their political constituency, but they are given other very local information, for example school proximity. I just wondered whether there was any sort of empirical basis that you had in mind when you said that you thought that the 5% range, if I can call it that, was not sufficient.
Darren Hughes: Sure. The American examples are obviously the extreme ones, but they are ones to bear in mind, because they are examples of what can happen if you set hard and fast rules, so they apply everywhere no matter what, and then you also allow for a rampant politicisation of the process.
There is an author called David Daley who has written a couple of books, which are incredibly readable and accessible, about how the boundary system in American got to the state it is in. Unfortunately, one of them has such a colourful title that you will need to google it; I could not possibly say it in this forum.
However, regarding your point about the 5% versus the 10% range, these are the areas where you can go round in a lot of circles, because there are arguments in favour of each range. I just feel that if you could offer reasonable flexibility to the commission, what you would hope is that the practice would develop and that it gives them an extra tool when a particular geographic situation confronts them, as opposed to just starting out by saying, “We’ll flex our muscles wherever we can.” The thinking on that was that they are the final line in the arguments, but because you are not having that final parliamentary vote and you are not getting the commissions to do the work, it might make sense to offer them those tools.
Laura Farris
Q
Darren Hughes: I do agree with that analysis. Sometimes things are important but not very popular, or not very—[Inaudible]— or not very engaging. When we conduct elections, they are very important to millions of people, which is why around two thirds of people on the register turn out. We all wish that that was higher, but there is still a lot of interest in elections. Some of the mechanics of how we build the demographic architecture does not result in a huge amount of engagement. I think that on parliamentary boundaries, if you were wanting to involve them in a submission process, you either hire somebody to run that for you or you ensure that tweets and letters go out and so on. As I said before, it takes on an incredible cloak of authority for that community, even though it might not be entitled to the status that it receives. I agree that it is possible to happen, and I think in some cases the community argument is very strong, but in a lot of cases it is a shield for more of a partisan argument for that particular electoral cycle, which, as I say, is the sort of thing we should avoid.
Being able to have things like citizens’ juries or —[Inaudible]—citizens who are asked to come together to assist the commissions with information, with their feelings and the values of that area, and with people saying what they think the community interests really are, might be a more real way of being able to include the community, getting better quality information and ensuring that the final decisions reflect the reasonable view of the public, as opposed to those who knew that the consultation was on.
Clive Efford
Q
Darren Hughes: I do not know, is the answer to that. I assume not, but sometimes when these processes are going on for a long period of time, and if people are appointed who might not have a lot of experience in dealing with active organised citizens pushing a particular view, these are the risks you run. It might not be the case in every cycle, but you would want to make sure that organised political activity dressed up as the concerned citizen was not able to take hold. That is an important thing. Secondly, if there are mechanisms to get very good quality information about what the general public think, like deliberative consultation processes enable you to do, that is pretty rich information for the commissioners to receive in addition to the demography data that they would be using as well.
Clive Efford
Q
Darren Hughes: Not that I can provide you with right now, no. I have never sat on one of those commissions, so I do not have personal experience there. There is plenty of both academic and more political-style literature that is available to describe some of the tactics that can go on. All I am saying is that those things are really easy to avoid, and we should build it into the process.
Clive Efford
Q
Darren Hughes: The main suggestion I have on that would be to move proactively to an overt position of automatic voter registration where we basically said that every time a citizen makes contact, or touches base in any way, with the Government or Government agencies, there is an ability to register—and that that is proactively put to people: we do work with people before they attain registration age to explain what democracy is, why participation is important and how you can have your say, and we really try to increase the amount of information that our younger citizens have. Then, with an automatic voter registration model where they would go on the register, you would hope that that would lead to participation in elections. Even if it did not, it would then get more accurate and complete data for the drawing up of boundaries.
I think some improvements were made by using other sources of Government data and requiring DWP involvement when the IER changes were made. That is coming up to 10 years ago, so now the next step is to say, “What could we do to be more proactive?” I think this paper that the Joseph Rowntree Reform Trust has produced on automatic voter registration would be a good place to start.
Clive Efford
Q
Darren Hughes: I suppose it would be political involvement at both levels, would not it? It was the decision to propose going from 650 to 600, and then another decision to reverse that and go back. I think that there was a political element to that. I guess the other thing is, right at the very beginning, making sure that these things are written for all time, not just one time, one particular cycle or one particular Government or Opposition—just doing these things in a very straight way so that if you are up it works for you and if you are down it works for you as well.
I do not think the decision to go from 650 to 600 was driven by any particular democratic principle. It was part of a response to a crisis at the time, and that has not stood the test of time because it was not grounded in much more than that. Also, probably it is easy to agree to a cut in the number of MPs until you realise that it also involves the boundaries of the remaining 600. That might have focused minds a wee bit.
Alec Shelbrooke
Q
Darren Hughes: That is a good question, because I guess it is philosophical. The duties and responsibilities of being a citizen do not actually require much, but being on the electoral register means that you can, right at the last minute, decide whether you will vote. It also helps us with the way we structure democracy and ensures that the way the boundaries are done is open and transparent. For people who want to be involved in elected politics, it is important to know the number of people in the country for whom they can campaign with their ideas and policies. Those are all some basic responsibilities that just come with the duty of being a citizen.
Alec Shelbrooke
Q
Darren Hughes: Yes, we have. We have done work on that in the past with organisations that try to reach people who are not on the register. Often there is a mixture of reasons. Some people do not know about it and are just oblivious to the fact that it exists or that it is a legal requirement at the present time. Other people have not engaged with the question of why politics matters, which is why we think citizenship education is so important. Once you get people into a discussion on that, it can change things. In a large, dynamic society like this, there are always a lot of people who are in the middle of things. Their hectic lives and situations sometimes mean that registration falls off the bottom of the to-do list. We should be doing positive things, such as showing people that registration is simple and free, to promote politics as being a good thing for the country and a good thing for society.
Ben Lake
Q
Darren Hughes: Yes, that is correct. It uses the census, so everybody is taken into account for the drawing of the boundaries. There are different qualification rules to being an elector, but the way that the constituencies are put together is based on the number of people who were living in an area when the census was done.
Ben Lake
Q
Darren Hughes: If that is where they are on census evening, that is correct, although students are able to register at their family address, depending on when they started their study. I hesitate on that, because there was a court case about it once and I would not want to give you the wrong information. I will come back to you on that. It does take into account the place people were when the census was held.
Ben Lake
Q
Darren Hughes: The list system helps in a peripheral sense, in that it is a way to ensure different styles of representation beyond just geography, but the commission itself has to deal with the majority of the Parliament, which consists of geographic constituencies, and it can take into account factors such as rurality. There is a threshold that enables it to do that, which is the same as in the legislation before you: plus or minus 5%. But there is always a very alive debate about whether that figure is high enough for parts of the country that are outside main population centres. As I mentioned before, New Zealand is geographically the same size as the whole UK, but it has a similar population to that of Scotland. There are far-flung places where, to be an effective Member of Parliament, a lot of travel is required.
The Chair
If there are no other questions from Committee members, I thank Mr Hughes very much indeed for his evidence. We are very grateful.
Examination of Witness
Gavin Robinson MP gave evidence.
The Chair
We now move on to one of our colleagues, Gavin Robinson. Gavin, we know what you look like, but we cannot see you. Will you please introduce yourself and tell us why you are giving us evidence?
Gavin Robinson: Certainly, Sir David. I thank you and all our colleagues for hosting this session. I am a Member of Parliament and my party’s director of elections. Therefore, I was tapped on the shoulder and asked if I would participate as part of your proceedings, so I happily give evidence on that basis, as director of elections for the Democratic Unionist party.
Chloe Smith
Q
Gavin Robinson: Thank you for that curveball. I am very happy to speak on behalf of the Democratic Unionist party. I am a little more curtailed in hoping to assist the Bill Committee as to the position of other parties. We had engagement at party level with you, Minister, and we are grateful for that. Some of the other parties participated in that engagement. We had separate engagement with the Northern Ireland Office as well, as part of the overall consideration.
One of the perennial issues with and concerns about the previous proposals before Parliament was the reduction from 650 to 600, with the impact that it had on the parliamentary constituencies in Northern Ireland. We have 18; we were proposed to be reduced to 17 and—[Interruption.]
The Chair
Gavin, may I interrupt you for a minute? There is a three-minute suspension. We cannot hear what you are saying clearly, so please hang on until the bell has stopped ringing.
Gavin Robinson: There was concern about the reduction from 18 seats to 17, which was consequential on the decision to move from 650 to 600. Given the acute political divisions that we have in Northern Ireland and the history, people are easily led into surmising how that might have impacted on one community or another. I am happy for the Committee to explore that further. At least in the initial stages, it formed part of a court case that concluded within the past month on the previous boundary proposals.
In these proposals, we are satisfied and pleased to see that the 650 figure will remain, albeit highlighting the fact that in the previous Parliament legislation was introduced in 2018 that sought to solidify in legislation the 18 seats for Northern Ireland, with 632 for the rest of the United Kingdom. That is a commitment that was there two years ago, although it did not leave Committee. We believe that it is important to solidify the constituency and boundary arrangements that we have at present in Northern Ireland.
Chloe Smith
Q
Gavin Robinson: The particular rule that we can rely on in Northern Ireland is rule 7. That rule is important for us, given the geographical nature of Northern Ireland, with the urban dimensions and restrictiveness of our small part of the United Kingdom. Rule 7 allows us, where there is unreasonable infringement, to go beyond the 5% tolerance. We wish to see that important rule maintained. That is maintained.
We are mildly concerned that the consequence of the judicial review that just emerged from the Court of Appeal may inject a level of chill in the Boundary Commission’s ability to rely on rule 7. It is an important flexibility that it should use, with the need ultimately to demonstrate the rationale for doing so.
Cat Smith
Q
Gavin Robinson: I do not think it compromises the integrity of the Union in the longer term, but I do see that some of the arguments that could be used for retaining 18 seats in Northern Ireland could naturally apply to some of the other devolved Administrations. Fundamentally, the Northern Ireland Act 1998 provides for Assembly constituencies to be contiguous with our parliamentary constituencies. Without elections occurring at the same time, you could have a situation where you have representatives for a parliamentary constituency that no longer exists remaining in the Northern Ireland Assembly. I assume that unless there was some co-ordination between election times and reviews, that anomalous situation could occur, with representation for areas that no longer exist, depending on a boundary change and the configuration at that time. That is important for us.
You cannot really go beyond our boundaries unless you are prepared to go into extraterritorial application or the sea. Land boundaries with Scotland and Wales are obviously a little less constrained, but when you consider the impact on the devolved Administrations, I do think there is an argument that you can extrapolate from Northern Ireland to others.
Cat Smith
Q
Gavin Robinson: I believe it is wrong to move away from parliamentary approval. I see the proposal is to remove the ministerial ability for amendment and to remove the ability for Parliament ultimately to approve the proposals. Parliamentary approval is an important constitutional dimension that should be retained. It is a bulwark against proposals that do not rest well with our body politic, and I do not think the removal from Ministers of the ability to amend is in any way commensurate with the removal of Parliament’s ability to approve the proposals. The Minister will know better than I, but I am unaware of any fundamental use of the Minister’s ability to amend. We are all aware, however, of Parliament’s ability to inject itself and determine one way or another whether proposals should proceed. So we are concerned about the loss of parliamentary approval in the process.
David Linden
Q
Gavin Robinson: Arguments can be made for solidifying the number of constituencies in other parts of the United Kingdom, but I do not think there should be any rationale that precludes me from advancing an argument that is important for Northern Ireland on our political context and make-up. On our number of electors, at this moment in time we have sufficient electors for 17.63 constituencies, leading to the 18 constituencies, and we have that additional flexibility on rule 7.
Mr Linden, you are more than capable of advancing arguments that are important for Scotland, as indeed is Mr Lake for Wales. I think it is appropriate that the concerns highlighted about a cyclical reduction that could potentially arise through future reviews—a cyclical reduction or increase of parliamentary boundaries, and the knock-on consequence that would have for devolved Administrations—should be considered more generally, but I will advance the argument on Northern Ireland’s behalf.
David Linden
Q
Gavin Robinson: I am sure it could be. Again, that is an argument that could and should be advanced, and I would not hinder someone in making that argument. When we went through the process within the past two years, with the various iterations of Boundary Commission proposals for Northern Ireland, the rationale for using rule 7 was incredibly clear. The Boundary Commission’s initial draft proposals brought forward constituencies that were not in any way consistent with geographical localities, urban dimensions or local ties, and were outwith the legislative framework that I believe the commission had in its process. They commenced with a false premise, and ended up with a real mishmash of parliamentary boundaries.
I was pleased that they invoked rule 7. I mentioned the chill effect earlier: that use of rule 7 was struck down by the Court of Appeal within the past month in the case of Patrick Lynch. It was not struck down because rule 7 was used inappropriately, but because the Boundary Commission simply failed to articulate the rationale for using it. It has been proven to be an incredibly important tool to ensure the fundamentals of achieving good boundaries within Northern Ireland were attained in the last process.
David Linden
Q
Gavin Robinson: I think you imbue me with greater knowledge, Mr Linden, and considerably more power than the circumstances merit.
Chloe Smith
Q
As you will have seen from a close reading, this Bill makes provision for a buffer period between recommendations from a boundary review that would come into effect for the UK, and the point at which the Northern Ireland Assembly constituencies would change to reflect those new boundaries. I wonder if you might be able to give us a little more insight into the impact of such a scenario—that is, what effect not having that kind of buffer and protection would have on constituencies and electors in Northern Ireland.
Gavin Robinson: I think as currently outlined, with a projected Assembly election in 2022, the process is manageable. There are two considerations for further reflection; we will reflect on them, and I am sure others will as well.
The first would be a cyclical reduction in uplift from 17 and 18, which I think would be unhelpful given the knock-on consequences that would have for the Assembly elections. Fundamentally, given the difficulties we have faced over the past three years—the stagnation in the effective operation of our devolved institutions—I do not think we have fully reflected on or resolved what would happen should there be an early or emergency Assembly election and how that may be impacted by this boundary process.
Chloe Smith
Q
Gavin Robinson: Only that, as I indicated at the start of the answer, as currently drafted, the process will be entirely manageable.
Chloe Smith
Thank you very much indeed. I was keen for the Committee to note that, so I appreciate your help on that.
The Chair
There are no other questions from the Committee to our witness. Gavin, I thank you very much indeed for enlightening us on the views of your party on the Bill and for sharing how other parties in Northern Ireland feel about this particular piece of legislation.
Examination of Witness
Dr Jac Larner gave evidence.
The Chair
Q
Dr Larner: It has been very interesting, actually; certainly not boring at all. I am a research associate at the Wales Governance Centre at Cardiff University. My research focuses on electoral behaviour—how people behave around elections. A big part of that is that I am a research associate on the Welsh Election Study and the Scottish Election Study, which are big surveys around election times.
Chloe Smith
Q
Dr Larner: The Bill has particularly drastic changes and implications for future elections in Wales. The planned change to reduce the number of MPs from 650 to 600 has now obviously been rethought, but proportionally, that does not really make much difference in the reduction for Wales. If we have 600 MPs, there is a planned reduction of around 12 seats. In the new plan to stay at 650, Wales’ seats will drop by eight. Either way, the proportional representation of Wales in the Commons will be around the 5% mark. That is obviously of concern.
Wales is the biggest loser here. At the same time, it is also worth bearing in mind that, in pretty much any set-up, Wales will always be, proportionally, a very small part of the representation in the Commons. It might also be important to consider things such as really strengthening intergovernmental relations between the devolved Administrations and Westminster going forward.
On whether I outrightly support the Bill or disapprove of it, that is slightly more complicated. I will leave my answer at that, if that is okay.
Cat Smith
Q
Dr Larner: That is a very important question, and particularly relevant where I am from, for example, in south Wales. People talk about the valleys as one block, but I can assure you that people from one valley to the next, no matter how small, consider themselves quite different. There is the importance of people feeling that their community is being represented, without being interfered with by what they might see as people from other, different communities.
There is also the important uniqueness of Wales’s being particularly rural in its population. Given the tolerance at the moment, doing some quick maths, at the lower bound of what is being suggested at the moment— around the 69,000 voter mark—depending on which data source you use, there are only either two or four constituencies in Wales larger than that lower bound. That would necessitate really big boundary changes, and we know from some of our research that people like do not like the idea of constituencies being merged in different areas. It is really a balancing act in terms of how much importance you give to that kind of intuitive feeling of, “Oh no, I want boundaries to stay as they are,” versus the idea of fairness in the size of constituencies.
Cat Smith
Q
Dr Larner: Don’t get me wrong, not everyone will feel like this, but there is a certain feeling that yes, the Rhymney valley is very different from the Rhondda. There is that kind of feeling—although, when confronted with anyone from north Wales, you are from the valleys, the whole thing. It changes depending on who you are talking to, of course.
Cat Smith
Q
Dr Larner: Absolutely. There is a lot of very well-backed-up evidence in Wales that Welsh speakers, particularly fluent, first language Welsh speakers, tend to hold slightly different opinions on a whole range of ideas. They see themselves slightly differently from other people; they tend to identify not particularly as British, but more overwhelmingly as Welsh-only, whereas in more English-speaking areas there is more of a mix of Welsh and British identity. I would absolutely say that the ability to speak Welsh is a really important part of some people’s identity.
Ben Lake
Q
Dr Larner: In terms of those who are interested in a solid Welsh representation in the Commons, I would not say that this Bill is particularly good news. On the other hand, if we took a hypothetical situation where the number of Welsh MPs was increased by 10, you would still be looking at a very small proportion of the total representation in the Commons.
Specifically with the Bill, it is tricky to see how that can be fixed. More broadly, if we want to take the nations approach seriously, we need to think about how we do devolution. We need to think about doing that properly in Wales, which has had what my colleague Ed Poole likes to call salami-sliced devolution, as opposed to Scotland. We need proper inter-governmental relations baked into Whitehall processes. Another idea commonly talked about is House of Lords reform. I know that is far beyond the scope of the Bill, but those are the things we need to think and talk about.
Ben Lake
Q
The panellist from the Liberal Democrats suggested that there should be no reduction in the number of seats without further devolution. I think his point was that the devolution settlements across the UK—especially if we compare Wales, Northern Ireland and Scotland—are very different. There are perhaps more policy issues decided in Westminster that directly impact Wales.
A recent change that I would be interested in hearing your thoughts on is the UK leaving the European Union. Things that were previously decided on a European level, where Wales had four MEPs, are now being decided at Westminster. Some aspects of that touch, indirectly or directly, touch on policy fields that are commonly considered to be devolved to Wales. Should this new dynamic, now that the UK has left the European Union, in which more things will be directly or indirectly influenced at Westminster, be borne in mind when we allocate seats across the nations of the UK?
Dr Larner: I certainly think that is something to keep in mind, not only with the allocation of seats, but with the general operation of Government. There is another important idea—related to that and other points made earlier by your colleagues—about voter knowledge in Wales: it is important for people to know who is responsible for what.
Another idea often talked about in academia is that a reduction in the number of MPs in Wales, given that people are aware that more constituencies in Wales are being scrapped than in other places, will cause people to give less importance and salience to Westminster generally. That would be the message coming from the centre, if you like. The idea is to make it very clear who is responsible for what, and that should always be taken into account.
Ben Lake
Q
The automaticity of the Bill, should it pass, would mean that Wales would not only lose eight seats in this particular review but a further couple of seats at the next review, unless something drastic happens and everybody wants to live in Wales—there is a welcome in the hillsides, by the way. Should that scenario come to pass—I appreciate it is a hypothetical scenario at the moment—could it have any impact on sentiments within Wales and perhaps attitudes towards the Union?
Dr Larner: It is of course hypothetical, but as I have said, there is the idea—I should point out that we do not have firm evidence on this—that a reduction in the number of MPs is seen by some in Wales as meaning that Westminster is no longer as important to them politically. I know that Professor Wyn Jones has some quite strong views about the importance of rural dynamics and things like that, which I disagree with slightly. It is certainly something to bear in mind, however, especially given the real and rapid increase in the visibility and general salience of the Welsh Government and the Senedd in the last couple of months.
Christian Matheson
Q
Dr Larner: We have done some research on that. There is not really much geographical variation in terms of general support or attitudes towards the Senedd. Certainly among some people, there is the idea that devolution has largely profited Cardiff. I would not say that that is a unique feeling in Wales. In most systems, there is a general feeling that the further you are geographically from the centre of power, the more fed up you might feel about it.
In those areas, although people might not look to places such as Liverpool and Manchester politically, those areas and cities have a significant impact culturally. There are also more people working across the border in those areas. In a lot of those constituencies, a higher number of people were born in England and might still consider themselves to be English or British, not necessarily Welsh. That is a big divide in Wales. National identity does determine—well, not determine in a lot of ways, but is a good predictor of—your general attitude to devolution.
Christian Matheson
Q
We have already heard about the south Wales valleys and there are parts of Snowdonia that are very mountainous. I suspect that Wales is more badly affected by losing so many seats because we are focusing solely on the numbers, and that the areas of sparsity and the geographical barriers would lead to much larger constituencies in area. How would you strike a balance between geography, sparsity, rurality and numbers?
Dr Larner: There is an understanding that Wales is the most rural nation in terms of population in the UK. As you say, there are very large constituencies. The issue with the plus or minus 5% rule is that these areas are badly affected. I do not necessarily have a problem with the idea of levelling up constituencies in terms of population size, but I think there are certain geographic limits to what is a manageable constituency. There could be the inclusion of an upper band for the number of square miles in a constituency, or something as simple as that. I know that is a down-the-middle answer.
Mrs Miller
Q
Under these provisions there are four protected constituencies, as you know: two are on the Isle of Wight, near my own constituency of Basingstoke, and two are in Scotland, but there are none in Wales. When the proposal was to reduce to 600 constituencies, it was difficult to give protection to Ynys Môn, yet under this proposal it is easier to do so and stay closer to the potential threshold for constituency sizes. I have tabled an amendment to that affect, which I do not know whether you have had a chance to look at. Can you see any problems with introducing such an amendment into this legislation? I declare an interest as I was brought up in south Wales.
Dr Larner: On the face of it, I certainly do not see any problems. I have also seen some people discussing the idea of some of the constituencies on the west coast of Wales, where there are far more Welsh speakers and very rural constituencies, being considered for something like that. Obviously, Ynys Môn is not as isolated geographically as some of the Scottish constituencies, but, when you consider that the Isle of Wight is involved in these protections, it is reasonable to suggest that Ynys Môn should be too.
Bim Afolami (Hitchin and Harpenden) (Con)
Q
Have you come across any evidence from the last few boundary reviews on what a more disruptive boundary review does to voting behaviour, as regards the parties or candidates people vote for, or whether they vote at all?
Dr Larner: Not necessarily in the way you put it, but there is interesting evidence if you compare strategic voting in Scotland and Wales, especially at devolved elections. In Wales, constituency boundaries for devolved and UK general election elections are coterminous, which is a silly word meaning the same, and in Scotland, they are different; they do not overlap. There is a lot of very interesting evidence on those elections. When people are faced with different boundaries, how do they calculate who they will vote for? There is some evidence from Scotland that there is more confusion when faced with different boundaries and boundary changes. For example, people are not always sure which is the strongest candidate, or which is the favourite or second favourite candidate. There is evidence that those boundary changes, which are consistent and repeated—they are not one-off events—cause some confusion among voters.
The Chair
Dr Larner, you waited a long time, but the Committee had plenty of questions for you, and we are very grateful for the time you spent with us. Thank you.
Examination of witnesses
Dr David Rossiter and Professor Charles Pattie gave evidence.
The Chair
Colleagues, we come to our final session this afternoon. We have Dr Rossiter and Professor Charles Pattie. Could you please introduce yourselves, gentlemen?
Professor Pattie: I am Charles Pattie, professor of politics at the University of Sheffield. I have been studying elections and boundary reviews for something like 30 or 35 years.
Dr Rossiter: My name is David Rossiter. I do not want to outdo Charles, but I have studied and published on the process of redrawing boundaries for about 40 years. I was the lead researcher on a Leverhulme-sponsored study on the work of Boundary Commissions in the 1990s, and was responsible for much of the modelling for the McDougall Trust report on the impact of the Parliamentary Voting System and Constituencies Act 2011 in 2014.
Chloe Smith
Q
I noted that you and your late colleague, Professor Ron Johnston—we send you our condolences on his loss—looked into claims of bias in prior reviews. You were very clear that there is a function here for levelling the playing field by ensuring updated and equal boundaries. Could you please go into that?
Professor Pattie: Thank you for your words on Ron. Do not take it amiss, but I think both David and I would, in some respects, prefer it if Ron were here to talk to you in person. I mean that in the best of possible senses.
Your question about bias is very interesting. Obviously, it has been the cause of some concern. There has been a particular party political concern about the extent to which the system has become substantially biased in Labour’s favour. Part of the concern is around constituency size effects, which the current legislation and the 2011 Act deal with.
You heard earlier today—I think John Curtice also discussed it this morning—that there are two things to bear in mind. First, we are talking about bias between Conservative and Labour. As long as we have a first-past-the-post system, there is in-built bias against small parties with equal vote shares. The Conservative-Labour bias in particular does have an element around the constituency size effect, which the legislation largely removes. Most of the bias that has caused comment and concern in recent years has come from other sources that are nothing to do with the constituency size issue. They are to do with things such as preferential abstention rates, third-party effects in different seats, and in particular the efficiency with which parties’ votes are spread.
In the last few elections—every election since 2015—the relative Conservative-Labour bias has run in favour of the Conservative party and not Labour, largely because the Conservatives have become much more efficient in how they campaign and where they win the votes. To that extent, the legislation deals with one of the sources of bias. However, as a few witnesses this morning pointed out, that is one of the smaller components of the bias picture, and the bigger elements of bias are not really dealt with by this legislation—and I suspect cannot be dealt with by any legislation.
Dr Rossiter: The change to a UK-wide quota quite clearly deals with the fact that there were higher levels of representation in Scotland up to 2005, and still are in Wales. If you look back to when the current constituencies —the ones you are representing—were first defined using 2000 data, there was no bias at that time in favour of either party in terms of the size of the seats. The 10 largest seats defined at that stage included Hornchurch and Upminster as well as Croydon North; one was Conservative, one Labour. If you look at the 10 smallest seats, again, there is a completely equal mix. So for every Hexham, there was an Islington South and Finsbury. It is not that the commissions were unable to provide equality at the date of enumeration—that is, the date they have to work to. It is the demographic change that took place in ensuing years that has caused the big disparities that were more evident in the 2005 and 2010 elections than in 2000.
That demographic change was already slowing down in the 1990s, and over the past decade it has effectively ground to a halt. That process is no longer continuing. From that point of view, the pre-2011 legislation was able to deal with an awful lot of the difficulties that come from differently sized seats. The issue was: how, if at all, can you deal with the fact that certain areas grow in size and certain areas reduce in size? Reducing the period between reviews—the Bill suggests eight years—seems the best way to achieve that.
Chloe Smith
Q
Dr Rossiter: Yes.
Professor Pattie: Absolutely.
Cat Smith
Q
Professor Pattie: I guess we can break that down into two constituent parts. One is whether we should have a principle of priority within the rules, as in the 2011 Act and in the Bill, with some notion of equalisation of electorates being the top criterion rather than the medium criterion, to avoid some of the confusion and tension of the earlier rules. To that extent—Dave may feel differently about this—I would certainly endorse the notion of having an equalisation rule as the top priority.
The second element of this is where to draw the tolerance. Should it be 5%, 1% or 10%? On that point, I think you have a rather more open debate on your hands. Dave referred, when introducing himself, to the work that we did for the McDougall Trust in 2014, looking at the process around the sixth review—the first under the 2011 legislation. In that work, we tried to estimate how much disruption different tolerances would cause in the system—how much breaking of ties and breaking up of existing seats there would be. Inevitably, there will be quite a lot, both in the first review under the new rules and in any subsequent revision. However, on our estimates, if you set the tolerance at around 7%, 8% or 9%, disruption is reduced, and you do a better job of maintaining existing ties and links.
Yes, equalisation is important, but the question is what tolerance you should work to, and how wide you set that tolerance. Our estimates suggested that 8% starts to get you into the compromise zone and makes life a bit easier.
Cat Smith
Q
Dr Rossiter: Yes. I am afraid that it is probably a rather technical point, but it is quite important, in terms of the effect that the rules will have on future reviews. The 2011 Act created the UK quota and laid down the rules for allocations to countries and regions, but if we look at registration statistics over the last 20 years, we can see how those national and regional entitlements vary over time. We know that in an average eight-year period, we would be likely to see about eight changes to either national or English regional entitlements—that is between each pair of reviews. With a fixed Parliament size, that would necessarily mean that four new seats would be created in the UK and four abolished.
In the case of an abolished seat, you will have to redistribute 60-odd thousand electors to neighbouring constituencies. That in itself will take most, if not all, of those neighbours over quota. Any seat over quota will need to lose one or more wards to compensate for the addition. The process continues in this way, much like ripples on a pond, until all seats are within the 5% tolerance. Several of the affected seats will need to become participants in the process, even though they were within quota; they act merely as transit stations.
You can think of the scale of the impact of this process, which is required by the 2011 rules, as inversely proportional to the level of tolerance. As a rule of thumb, which is always useful in such circumstances, dividing 100 by the level of tolerance give you a rough idea of the number of seats that will be affected. By contrast, under the previous rules, which allowed the commissions far more discretion, the process would affect just a handful of seats and would typically be contained within a county. In the fifth review, Cornwall gained a seat, but that had no knock-on effect whatever on Devon. That is simply not possible under the current rules.
If we assume eight changes of entitlement in eight years, and if we take the existing 5% tolerance, the rule of thumb would suggest that, every eight years, 160 seats will require significant and often major change. To that has to be added the 100-plus other seats that have drifted outside what is a much tighter quota than has ever existed before. This is something that I have not heard mentioned as part of what the 2011 Act effectively ensured. The critical point to take away is that the interplay of the rules with such a tight tolerance will effectively guarantee a major redrawing of constituency boundaries at every subsequent review.
Cat Smith
Q
Dr Rossiter: Back in 1998, we wrote a proposed new set of rules that would have achieved what I think would have been a rather better way to work—I would say that, wouldn’t I? We felt at the time that the differences between national quotas, and the discrepancies between constituencies across England, were too large. We suggested that a new set of rules could say, “Yes, we’ll have a UK-wide quota, and we will have a target size for Parliament of whatever number of seats you wish.” It is 650 in the present case. We then said that a commission should be restricted to no more than 10% variance around the UK-wide quota, but that it should aim to get constituencies as near to that quota as was practical. That would give commissions the extra latitude that they would need to avoid many of the difficulties that were so evident in the 2013 and 2018 exercises.
At the same time, we would make it clear that electoral equality is a very important thing to aim for, and it should be the goal in all circumstances. I believe that having a degree of flexibility is extremely important, and I fear that not having it will inevitably cause consequences further down the line.
Cat Smith
Q
Professor Pattie: One of the areas that I was quite pleased to see in the Bill was a re-examination of how the inquiry and hearings are held, because that is problematic.
However, there is still a bit of a challenge for the public hearing process, because the areas in which those hearings now operate are just so incredibly large. There was some discussion earlier in your deliberations about ways in which the process might be improved to allow greater flexibility in local discussion. But you must remember that you are talking about entire regions, and about entire countries in Scotland and Wales, and people can turn up at a hearing in one corner of the region or country to talk about a seat in quite another part, and the chances of having a meaningful conversation about those proposals are remarkably small.
I am not sure that I have a clever proposal for you, but I think that is something to worry about; the extent to which those hearings really produce helpful information in all bar a few cases would be a concern that I have. I cannot suggest a fix for you, but if you want to look at something, that is another area that it is worth just having a bit more thought given to it.
Bim Afolami
Q
Professor Pattie: Big is the very short answer. This is liable to be one of the most disruptive reviews that we have seen for quite some time. As Dave mentioned earlier, on our estimates you are looking at major disruption again, and again, and again, into the future, especially if you hang on to that 5% tolerance. So, this will be big. Further reviews will also be big, so this will become a feature of the system going forward.
Dr Rossiter: If I can just add to what Charles has said, when we did our 2014 exercise we estimated that approximately half of seats would experience major change at this first review, but we based that on 2010 data, because that was the data that was available at that time. So, we were looking at rectifying changes that had taken place over 10 years, plus the change to the rules. We will now be looking at an exercise that has to rectify the changes over 20 years and I think that we will be looking at something like two thirds to three quarters of seats experiencing very significant change at this coming review.
Contrary to what I think are some of the optimistic views that were expressed earlier in proceedings, I see little chance of county boundaries remaining intact in large parts of the country. I think that most county and unitary authority boundaries will need to be breached. I also think that many more constituencies will be split across local authorities, and vice versa, and many more seats will have orphan wards in them.
Again, looking at this in an historical context, there have not been that many reviews that have had to deal with 20 years of changes, so it is probably not too helpful to concentrate on the disruption this time round; it was always going to be like this. I think that what is much more worthy of consideration in terms of legislation is realising the longer-term implications of it, because the danger is that if these changes are not realised, you only have to go back to the 1954-55 debates in Parliament, when MPs suddenly realised what had happened in the previous legislation and said, “We do not want our constituencies changed on this basis. Why are we having all this change?” Four years later, legislation was introduced to reduce the need to change to meet an arithmetical standard. My fear, obviously, is that that will be repeated.
Bim Afolami
Q
Dr Rossiter: I do not have that figure to hand. One of the problems is that this affects different parts of the country differently, so, for example, during the 2018 review, the south-east of England was little affected because it was set to lose only one seat during that review. Now that we go back to 650 seats, because of the growth in the south-east of England, the south-east will gain seven seats. Gaining seven seats inevitably results in a huge amount of change.
So, it can be helpful to look at what happened in 2013 and 2018 as exemplars of what results from this, but this is the problem: the devil is always in the detail. It is always in the specific geography of the area. It is always in the specific number of electors—whether a county, for example, has an integer entitlement or a non-integer entitlement. I have near me the example of East Sussex. East Sussex at the moment is entitled to eight and a half seats. With a 5% tolerance either way, that will mean that the East Sussex boundary has to be bridged. Kent is perfectly okay. West Sussex is perfectly okay. Therefore, in sorting out the problem in East Sussex—this is all provisional on 2019 data not changing an awful lot—we will need to see something that goes across the county boundary in one way or another.
Until we know the final figures, we will not be able to be absolutely certain on any of these issues. At least half of seats were changed during the 2013 and 2018 reviews, and when I say that the forthcoming review would be between two thirds and 75%, that is simply a reflection of the fact that it is trying to deal with that extra amount of time. What seems surprising is that maintaining 650 seats does not necessarily help a huge amount. It helps slightly, but not a great deal, in minimising the disruption that is going to happen. I hope that that is helpful.
David Linden
Q
Professor Pattie: This is an interesting issue, isn’t it? The issue here again is obviously over, partially, the practice of splitting wards—which clearly can be done—and partially the pragmatics, if you like. I know you have had lots of evidence already about data sources, software availability, etc. I will leave that to people who are more expert in handling those data systems, but clearly that causes an issue. I think I would raise just two points, here. First of all, harking back to our 2014 McDougall Trust report, we did try there to estimate the relative effects on disruption of playing around with the tolerances versus playing around with ward splitting. Ward splitting certainly helped to reduce the amount of disruption, but in our estimates it did not reduce disruption anything like as much as widening the tolerances moderately. The second thing you have to bear in mind here is that we are talking about disruption to communities. Remember how the Boundary Commission’s local government wards operate. It tends to be quite strong on the idea that, in building the ward suggestions, it is trying to represent people, so when you split a ward, arguably you are splitting a community—you are doing the very thing that you are trying to avoid, to avoid the thing that you are trying to avoid, if that makes sense. You end up in a strange circular process in which you disrupt a community to save a community. Where the white line is on that is anyone’s guess, but ward splitting is neither technically a global panacea, nor conceptually a panacea, precisely because in splitting a ward, you might well be splitting a community.
David Linden
Q
Professor Pattie: At the risk of sounding flippant, the Durack division in Western Australia is 1.63 million sq km. The north highlands is large, but there are much larger seats out there. It is how you strike the balance, I guess, but where it is can be tricky. I would not want to minimise the workload of an MP, in particular working in any area as large as the north highlands. Where one draws that line is a judgment call. I do not think that you will find an easy answer. To use a phrase much bandied about at the moment, I do not think that this is an area where one can defer to the science, because there is no clear science to this.
Chris Clarkson
Q
At the moment, Wales has an electoral quota of about 54,500, as opposed to about 72,000 in the north-west. Within Greater Manchester, where I am an MP, the number ranges from about 63,000 to 95,000. To take the concept that you just put forward of not splitting communities, in my borough are two seats that are prettily evenly divided: mine is Heywood and Middleton, and the neighbouring one is called Rochdale. From the sound of things, they are self-contained communities, but, in reality, I represent about a third of Rochdale. If you were not to split the communities, my neighbour would represent 103,000 people to my 57,000. Taking that to the logical extreme, do you not accept that, at some point, you will have to split some communities in order to achieve electoral equality?
Beyond that, talking about disruption in future reviews, would you accept that, to a degree, splitting wards would minimise that, reducing the amount of absolute disruption? Most of the disruption that will come from this review relies on the fact that the electoral figures we are using are 20 years out of date.
Dr Rossiter: If I take your second point first, I do not think that the difficulties that are going to come with the current review will be of such a scale that anything really can be read into them—too much should not be read into that, if you see what I mean. To take your first point, the commissions have always been capable of producing constituencies that are very close to quota. The problem you are identifying—these large differences in constituencies—has largely come not because of an observance of local ties, but from demographic change within and between regions. I am totally comfortable with the concept of trying to achieve equally populated constituencies—I have always thought that should be aimed for. My concern is the unintended consequences of a set of rules, which I think is the territory we have entered.
In terms of principles, absolutely every person’s vote should be treated as equal in so far as that can be achieved in a constituency-based system. There is no reason why either between or within areas that should not be achievable. Where local authority boundaries have to be crossed to achieve that, I have no problem with that. I remember writing a paper back in the 1980s about how we needed to look at crossing London borough boundaries, which were being observed as almost sacrosanct at the time, causing quite significant difficulties and an over-representation effect.
What I think we are looking at is how you strike the right balance. I do not disagree at all with where you are coming from and what you are trying to achieve; it is just that by placing in a rule as strict as 5%, you are removing a degree of discretion that will not benefit anybody either politically or in their sense of connection with a constituency and their MP.
Professor Pattie: To add to that, the point I was trying to make earlier was not that one must never split communities. That is going to happen, and it always has happened under the boundary review process; there have always been communities split. My point is to recognise that splitting wards in itself is not a solution, because that may involve another form of community split. But we must also remember—Iain put this nicely this morning when he described the different directions in which community can run, depending on how it serves different people’s interests—that community is very much in the eye of the beholder. I am sure we all recognise, even in areas that we know well, that we could quite quickly generate quite a few different views of what a local community really was. They are often genuinely held. So, one should not be too—how can I put this?—precious about community versus size. I think David is absolutely right: the issue is where to strike the balance and how one achieves that as relatively painlessly as possible.
Chris Clarkson
Q
Professor Pattie: We would argue it is better because it involves less disruption to the boundaries of existing constituencies, so you get more continuity of representation over time.
Chris Clarkson
Q
Professor Pattie: Well, you still have equalisation and a fairly tight parameter in terms of the size of seats, but one does not have to artificially flex things too much. You are trying to strike the balance between the rules of equalisation and rule 5 conditions. One is trying to hit that balance point between equal electorates and not too much disruption.
Chris Clarkson
Q
Professor Pattie: Yes, but it will not be at that sort of level.
Clive Efford
Q
Professor Pattie: You heard evidence from John Curtice this morning on this and I would not disagree with him. There certainly is evidence that people are influenced by the context in which they live and by what is happening around them both in terms of the economic and political environment and in terms of the climate of opinion around them. People who in a sociological sense look very similar, but live in different areas, can go in very different ways much more akin to other people within their area. Is it the biggest influence on people’s voting? No, probably it is not. Does it have an effect? Yes, it does.
Clive Efford
Q
Professor Pattie: That is rather harder to argue, to be honest. The extent to which people would see themselves as acting for their local area in a constituency sense is quite a hard one to argue. People have a sense of “my area” [Inaudible], but is that the constituency? That is much less obvious.
Dr Rossiter: Over the years, for my sins, I have attended an awful lot of what were local inquiries and I have listened to a very large amount of evidence put forward about local ties. I tend to agree with Professor McLean, who gave evidence this morning, that one person’s local ties go in diametrically opposed directions to another person’s local ties, depending on their political preferences, so I am not at all upset at the idea that arguments in terms of local ties might take a lower role in the hierarchy. In fact, I think that that is a sensible thing.
What I do think—this also goes back to the previous question—is that where you have got local government boundaries and existing seats, you have inconvenience when you cross those. I listened to the evidence earlier from the person representing the electoral registration officers and I have also heard evidence given at inquiries from Members of Parliament who have repeatedly referenced the difficulties that they have when they have to deal with multiple local authorities. People deal with four. or, as recommended in one of the recent reviews, five local authorities for one Member of Parliament. That aspect of discretion is something that the Boundary Commissions over years and years have shown great ability to recognise. Again, I come back to my point: that is where their discretion and their ability to address those concerns is being curtailed.
Clive Efford
Q
Dr Rossiter: Speaking personally, it would depend on the evidence in the particular case. I do not think that one is necessarily better than the other. I have noticed, when we have been looking at this, the significant help that increasing that tolerance by very small amounts will provide. As soon as you go from 5% to 6%, you have a big payback from going up by that one percentage point. That payback increases to around 8%, which is why we came to the conclusion in our previous report that a figure of 8% would be much more helpful. Beyond 8%, the advantage begins to flatten off, because you are reaching a point at which any sensible commission can reach solutions.
In all this, we accept and understand entirely that the 5% introduction was not an attempt to be cussed or anything of that nature. It is simply that 8% and 5% are not worlds apart. If you are able to achieve far more when you adopt one rather than the other, you have to wonder why you would want to go for the lower figure, unless there is some major negativity in that regard. Again, as people who write published papers, we have to do our research, and we have looked for anything that would support 5% in any of the previous discussions regarding the 2011 Act and so on, and we have struggled.
I know you have had reference to the standards related to the “Code of Good Practice in Electoral Matters”, and there seems to have been some confusion over what that says. I am not sure whether that confusion has been sorted out; I was very surprised by what I heard the other day. I think there is probably an understandable source for this confusion, because an earlier edition of an OSCE publication did indeed say that a 10% tolerance—quite reasonably taken to mean no more than 5% either side of the norm—should be aimed for, but that was never referenced in that version of that booklet; a subsequent edition of that observer handbook has come out, and that reference is no longer in there.
Probably the best statement of what is best in this area is the OSCE’s “Guidelines for Reviewing a Legal Framework for Elections”, which specifically endorses the “Code of Good Practice” and states that proximate equality—no more than 10% between electorates—should be the aim, but interestingly goes on to say that
“frequent changes in the boundaries of constituencies should be avoided”.
If we are looking for international standards on this, there is a clear suggestion that going right down to 5% is not necessary, and in so far as it causes change to boundaries, we would not fall foul of OSCE reports. They all seem to find that UK elections fail in one respect or another, but at least we would not fall foul on that.
The Chair
Are there any other questions from Committee Members to put to our two witnesses? If there are no other questions, I would like to thank Dr Rossiter and Professor Pattie for the evidence you have given us this afternoon. We are very grateful. I am grateful to Members for their cooperation during this virtual session in these somewhat unusual proceedings.
Ordered, That further consideration be now adjourned—(Eddie Hughes.)
Parliamentary Constituencies Bill (Fifth sitting)
Thursday 25th June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 25 June 2020 - (25 Jun 2020)
The Chair
You are all very welcome. Before we begin, a couple of preliminary notices: jackets can be removed, obviously, as it is incredibly hot. If I told you to keep them on and that it would make the Bill Committee go away quicker I would, but that would not be fair. We must respect social distancing rules at all times, and I will issue a quick reminder if anyone breaches them. More copies of Hansard are being brought up so that Members can check details of previous sittings. I remind Members that electronic devices should be set to silent. Plenty of warm water has been supplied, to make you wish that it was cold water. Given the intolerable heat in which we are working, if you want to bring in refreshments I am happy with that.
We now begin line-by-line consideration of the Bill. The selection list for today’s sitting is available in the room. I hope you are happy with how the selected amendments have been grouped for debate. Amendments grouped together are generally of a same or similar nature. Please note that decisions on amendments do not take place in the order in which the amendments are debated, but in the order in which they appear on the amendment paper. The selection list shows the order of debates. Decisions for each amendment are taken when we come to the clause that the amendment affects. I hope that is clear.
John Spellar (Warley) (Lab)
On a point of order, Mr Paisley. I seek your guidance before we start to move to details on the clauses. During one of the evidence sessions, we were given evidence on a matter that came up elsewhere. Mr Pratt quoted the Organisation for Security and Co-operation in Europe’s observation that
“in a majority voting system, the size of the electorate should not vary by more than approximately ten percent from constituency to constituency.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 36, Q64.]
The officials helpfully provided us with the documentation of the OSCE report and of the Venice commission on which that is based, and I thank them for that. The “Code of Good Practice in Electoral Matters” produced by the Council of Europe’s Venice commission states that the
“The maximum admissible departure from the distribution criterion…should seldom exceed 10%”.
I think we should ask the officials to seek a full definition of what the “distribution criterion” is. Is there is a fixed figure from which one can deviate either side by up to 10%, or must it lie in the middle of that 10%? It would be enormously helpful to get clarification on that.
The Chair
Thank you for making that point, Mr Spellar. Unfortunately, it is not a matter for the Chair, and I cannot give a ruling on it. However you have made the point and it will appear in Hansard. No doubt you will be able to receive some updated material from Mr Pratt if you contact him directly.
John Spellar
Further to that point of order, Mr Paisley. Could we ask the Clerks to seek clarification on that? It is a very important factor on which we might be making our determination.
The Chair
All I can say is that the point has been heard. You have it on the record, and that is the important thing for you at this point.
Alec Shelbrooke (Elmet and Rothwell) (Con)
Further to the point of order, Mr Paisley. Just for clarification, as you rightly say it is not a matter for the Chair; it is a matter of debate. I have the same document that the right hon. Member has before him and it is opaque. Therefore I would say that, for your guidance Mr Paisley, it is a matter purely of debate. In order to help the Clerk, you may struggle to find the information sought by the right hon. Member.
The Chair
Thank you very much, Mr Shelbrooke. I do not think the Clerk needs any help. I thank you for trying to help me, but as you say, these matters are not for the Chair. We have had three sittings already and some of the matters have been touched on anyway. They are subjects for discussion and debating points.
Mrs Maria Miller (Basingstoke) (Con)
On a point of order, Mr Paisley. Last Thursday, 18 June, when we were taking evidence from the Boundary Commission for England, an undertaking was given to provide evidence to the Committee about the collection of data. We gave the commission two weeks to give that evidence. Has there been any indication of when it might be forthcoming?
The Chair
Thank you, Mrs Miller. I thought that that was the point that Mr Spellar was going to make. It is an important one. We have asked for the evidence to be delivered here by 29 June, which is Monday, so you will have time on Tuesday and Thursday next week not only to consider it but to appeal it.
Clause 1
Reports of the Boundary Commissions
Cat Smith (Lancaster and Fleetwood) (Lab)
I beg to move amendment 2, in clause 1, page 1, line 5, leave out subsection (2).
This is a paving amendment for Amendment 5, with the aim of maintaining the status quo of parliamentary oversight within the boundary review process.
The Chair
With this it will be convenient to discuss the following:
Amendment 3, in clause 1, page 1, line 14, leave out subsection (4).
This is a paving amendment for Amendment 5, with the aim of maintaining the status quo of parliamentary oversight within the boundary review process.
Amendment 4, in clause 1, page 2, line 16, leave out subsection (7).
This is a paving amendment for Amendment 5, with the aim of maintaining the status quo of parliamentary oversight within the boundary review process.
Clause stand part.
Clause 2 stand part.
Cat Smith
I shall start by putting on the record the Labour party’s support for the boundary review. We do not seek to cause any difficulty with the passage of the Bill. Our amendments and new clauses are intended genuinely to improve the Bill for the good of the democratic process.
We want the best possible outcome in the review. After all, every Member of the Committee represents a constituency that has been drawn up on electoral data that is now nearly two decades old, and communities have changed dramatically in the past 20 years. The Labour party is clear that the boundary changes must happen before the next general election and welcomes the Government’s reversal of the previous decision to base the exercise on 600 constituencies, and their decision to revise the number to 650.
Amendments 2 to 4 are paving amendments intended to maintain the status quo of parliamentary oversight in the boundary review process. They relate to clause 1, but have some implications for clause 2. However, I shall do my best not to stray into that territory. The Labour party fundamentally rejects the Government’s decision to end parliamentary involvement in the boundary review process. The process requiring MPs to vote on the final report from the commission is an important safety net without which we MPs would number just 600 today. We believe that the change is a dangerous step that would by definition grant any Government with a majority in the Commons unequal and undue influence over the boundary review process. It comes down to simple maths.
A Government with a majority have power to shape and manipulate the rules that govern the boundary review process. Fundamentally, while the commissions are independent, they are given advice and instructions by the Government of the day.
The Chair
Order. You should know that you should also be speaking to clause 2 at this point, Ms Smith. It is in the group, so you are entitled to speak to it.
Cat Smith
Thank you for that clarification, Mr Paisley. It is helpful.
As I was saying, the Government of the day have the power to define the parameters of the boundary review. The question of a 600-seat or 650-seat Parliament is an example of how the Executive can determine the outcome of the process, so there is already some political engagement in it.
We believe that bringing the review to Parliament for a vote of Members is an important safety net, so that parliamentary scrutiny can ensure that the outcome will work for the whole country. For example, the Government knew at the last review that the 600-seat review would probably be rejected by a cross-party majority of MPs in Parliament. The Labour party has big concerns that, with the changes the Bill will make to the way reviews are done, bad reviews could in future be enforced, and there would be no safety net by way of scrutiny in the House to catch them.
In his oral evidence to the Committee, Sir John Curtice said it would be
“perfectly possible for a future House of Commons”,
if an Administration did not like the boundary recommendations,
“to introduce a quick piece of primary legislation”.––[Official Report, Parliamentary Constituencies Public Bill Committee, 23 June 2020; c. 94, Q176.]
Such legislation could delay the boundary review again. In short, the Bill removes power from Parliament and hands it to the Executive. For those reasons, we have tabled the amendments and new clauses in my name and that of my hon. Friend the Member for City of Chester.
David Linden (Glasgow East) (SNP)
It is a great pleasure to see you back in the Chair and in charge, Mr Paisley. I repeat on the record the remarks that I made on Second Reading regarding the view of the Scottish National party. We would prefer not to be represented in this place at all, but for so long as the constitutional requirement is that Scotland remains tied to the United Kingdom, Scotland should have no fewer than the 59 seats that we have in this place.
I echo much of what the hon. Member for Lancaster and Fleetwood said regarding parliamentary approval. Our fundamental position is that we did not vote against the Bill on Second Reading because we wanted to see it come to Committee. I genuinely believe that the Minister is a thoughtful person, who will consider arguments on their merits. I hope that in the course of today’s sitting and the two sittings next week, she will take on board the amendments tabled not just by the SNP and Plaid Cymru but by the Labour party, which have been tabled with a view to making the Bill better, and making it work for our democratic process.
The hon. Member for Lancaster and Fleetwood is right about parliamentary approval. I have difficulty with the proposal. I listened to Professor Hazell and Dr Renwick give evidence, and I have genuinely wrestled with where we should end up on parliamentary approval. I am afraid that I probably still maintain my position on Second Reading: I am uncomfortable with a process wherein Parliament does not have the final say, because of what we saw in the last Parliament, during which the Government decided that they would try to plough ahead with 600 seats. They lost their majority over the course of that Parliament, but the whole process underlined the need for Parliament to have the final say, and I wish to put that on record.
Mrs Miller
Reference keeps being made to the shift to 600 seats from 650. That decision was made by Parliament; it was not the result of a boundary commission review that Parliament then ratified. Does the hon. Gentleman not understand that, as Parliament made that decision, today we are discussing Parliament changing it back?
David Linden
I am immensely grateful to the right hon. Lady for that intervention. It is fair of her to put that on record, but the issue is the change in policy by the Conservative party. She is right that the 2011 legislation to reduce the number of seats to 600 was introduced by the Conservative-Liberal Democrat coalition Government. I think a number of us on the Committee—some of us tried to tease this out in the evidence hearings—find it rather strange that, after the Conservative party had a very good election in December, all of a sudden its position changed from wanting to have 600 seats to wanting to have 650.
David Linden
If the right hon. Member for Basingstoke wants to intervene again and explain to me why the Conservative party decided to U-turn on that position, I will happily give way to her, but in the absence of that I will give way to the right hon. Member for Elmet and Rothwell.
Alec Shelbrooke
I can quickly answer the two questions that the hon. Gentleman raises. First, a commitment to 650 seats was in our manifesto, on which we were elected. Secondly, it was in our manifesto because we have left the European Union and have lost 70 MEPs, so there is now a bigger workload. I hope that that clarifies for him why the position was changed. It was in the manifesto before we got a big majority.
David Linden
I put two points to the right hon. Gentleman. Why, if we have lost 73 MEPs, are we not going up to 673 seats in this House? Secondly, if he is talking about the increased workload for Members of Parliament, why is his party trying to reduce the number of seats for Scotland, which presumably also has less representation, in the Bill?
Alec Shelbrooke
To be cheeky to the hon. Gentleman, we could go to 700 seats, which would give us a lot more Conservative seats, because ours are generally bigger than the Labour ones.
David Linden
I would never wish to suggest that the motivations behind this Bill are to ensure that there are more Conservative seats. That would, of course, be disorderly.
John Spellar
I say this in no way disparagingly, but the hon. Gentleman, who represents a seat in Scotland, may not be aware of the enormous changes that have taken place in the electoral register in England. Contrary to the old situation—this shows that the right hon. Member for Elmet and Rothwell is living in the past a bit—more than half of the largest 10 or 20 seats are urban seats in conurbations. He gave a very dated view, but I am not surprised.
David Linden
I am grateful to right the hon. Gentleman for that intervention. I would miss these Bill Committees.
At the risk of going down a large rabbit hole, I will confine my remarks on this group to one other point relating to line 11 of clause 1 and evidence received from Professor Curtice. I refer the Committee to our evidence hearing on Tuesday, particularly question 181, which was asked by the hon. Member for City of Chester. I want to probe the Minister on this point. I know it came in the afternoon, when hon. Members were probably feeling a bit tiresome.
Alec Shelbrooke
Will the hon. Gentleman clarify which question number he is referring to?
David Linden
I am happy to clarify. I am referring to question 181, which can be found on the last page of Hansard for the public sitting on Tuesday 23 June.
I want to ask the Minister to comment on a point made by Professor Curtice, who said:
“I am concerned that there is some political consideration going on here. Nobody has raised the point that the next review under this is supposed to end in July 2023 rather than in October 2023. No justification is given for that in the Cabinet Office memo or in the explanatory notes. The only explanation that I can think of—maybe I am being unfair—is that somebody is wanting to pave the way to make it possible to hold a general election in autumn 2023 rather than in spring 2024. Certainly, somebody needs to explain why the next procedure is going to be foreshortened by three months for a set of boundaries that are then going to be in place for another eight years, and this is not going to happen thereafter. There is no justification so far, and I encourage the Committee to inquire further.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 23 June 2020; c. 98, Q181.]
On that basis, I put that point to the Minister. I hope that in the course of her remarks she will clarify that particular point in relation to line 11 of clause 1.
Mrs Miller
I am very pleased to serve under your chairmanship, Mr Paisley, and to speak to amendments 2 to 4 and that clauses 1 and 2 should stand part of the Bill. This gives us an opportunity to explore some of the important principles within this Bill to deliver fair and equal-sized constituencies for our country.
We like to pride ourselves on being a strong democracy. We stand in the mother of all Parliaments. Yet the current provisions do not give us the absolute certainty that each of our constituencies are of the same size. Our constituents do not each have the same power to elect somebody to represent them. Some seats require a larger population—for example, I have 83,000 constituents —and others require up to 30,000 or 40,000 fewer constituents within their constituency boundaries.
I want to put on record my absolute support for the Bill and the hard work that my hon. Friend the Minister has put into it. It delivers, as has been said, on an important manifesto commitment to remove the current flaws in the system. I am somewhat perplexed as to why the Labour party has tabled amendments that would surgically remove one of the important principles in the Bill, which is fairness in the way that the recommendation from the boundary commission is dealt with.
I am not the only one expressing surprise. We heard from some eminent constitutional experts in our evidence session that the current system is worse than flawed. In particular, we heard from Professor Hazell and Dr Renwick from the constitutional unit at University College London, who said in their written evidence that
“the independence of the UK’s process is currently violated at the final step”—
“violated” is quite a strong term coming from an academic—
“when parliament’s approval is required to implement the Boundary Commissions’ proposals.”
Quite simply, with its amendments, the Labour party is choosing to ignore the advice of constitutional experts by continuing to support and promote a system that violates the independence of the approval process, which fundamentally undermines what the Bill seeks to achieve. That evidence goes on:
“Parliament’s current approval role has allowed inappropriate political interference to occur three times.”
I am quite astonished that the Opposition would want to be on the record as ignoring that advice and evidence, and fundamentally changing what the Bill would achieve.
If that evidence is not enough, the OSCE report, which was cited during an evidence session, makes it very clear that when reviewing and reforming a system of legislative processes, there must be fairly and equally sized constituencies. It is not just academics in this country who say that we need to change our system, but an internationally recognised institution, which says that, if reforming, we should be trying to put in place protocols and safety clauses to ensure that constituencies are as equal as they can be.
I hope that the Opposition will provide a stronger reason for wanting to change the Bill than the reasons that they have already given. Otherwise, we run the risk of continuing with a system whereby Parliament, when it chooses, stops reviews going through. At the moment, we are dealing with boundaries based on data that is 20 years out of date. That is not just unfair to individual constituencies but, as we heard in evidence, it fundamentally undermines our democratic process.
I hope that hon. Members, regardless of party affiliation, can see the inadequacies of the amendments and will reject them, as I will, because they are fundamentally wrong for our democracy. It is wrong that the votes of voters in my constituency have less impact that those of voters in other constituencies. I urge the Opposition to withdraw the amendments, which would so badly undermine not only the Bill but our democratic system.
Christian Matheson (City of Chester) (Lab)
What a great pleasure it is to serve under your chairmanship again, Mr Paisley. I will respond to the questions raised by the right hon. Member for Basingstoke, whom I congratulate—although I might be doing someone else in the Committee a disservice—because I believe it was she who coined the term “automaticity”.
Christian Matheson
Then I apologise to the coiner of that term. We learn something new every day in Committee, and “automaticity” is another term that I might try to slip into speeches from now on.
I rise to speak in favour of the amendments tabled in my name and, in particular, that of my hon. Friend the Member for Lancaster and Fleetwood. I am instinctively unhappy about anything that takes Parliament out of the review process. The buck has to stop with Parliament. I remind the Committee that not only would the House of Commons have to approve the legislation, but the House of Lords would have to do so too, so there is no self-interest there.
It is essential that we do not remove Parliament from the consideration of our democracy. Bluntly, nobody is more focused on the quality of our democracy than those of us in this House. That is seen as a negative, but I think it is absolutely a positive to be reminded that at some point, within a maximum of five years, we are going to have to go back to our electorate. To have that sword of Damocles dangling over us is always very important. When I was first elected to this place, I had a majority of 93, and my God, didn’t I know it. That makes us take our electorate and our voters seriously, because they are our ultimate employers. Removing Parliament from that consideration is something I am instinctively unhappy with.
David Linden
At the risk of comparing majorities, when I was first elected it was with a majority of 75. The hon. Gentleman is right to touch on this point about the need for parliamentary approval. Does he, as I do, find it a little strange that the Conservative party—largely now made up of Brexiteers—spent the whole Brexit referendum talking about Parliament taking back control and Parliament being sovereign, but now, all of a sudden, it wants to give away control and Parliament not to have approval?
Christian Matheson
What an excellent point. I was not going to mention that, but the hon. Gentleman is absolutely right: Parliament is not taking back control. I am afraid this is one of a number of examples where that was a somewhat bogus phrase, albeit very successful at the job it was employed to do.
Jane Hunt (Loughborough) (Con)
Could I talk about the backstop that the hon. Gentleman mentioned? Surely, the backstop here is in the primary legislation that a future Government could bring forward, should they wish. The outcome of the report would then not be known at the time that other hon. Members were making the decision. At the moment, they know the outcome of the report; they know whether they are turkeys voting for Christmas, and that taints the outcome, rather than those decisions being made at the beginning.
Christian Matheson
I thank the hon. Lady for her intervention. One of the advantages of these Committees is that we get to know new Members, and it is great to see her here.
I will give two answers to that. First—I will return to this point—there is a problem, in that this process is affected politically by the instructions that this House gives it. Professor Sir John Curtice agreed with that when I asked him about it during the evidence sessions, and I think my Front-Bench colleague, my hon. Friend the Member for Lancaster and Fleetwood, mentioned it as well. Although the last couple of years have been different, this House normally has a majority of MPs from one party or the other, so there is already a political influence on the instructions that are given.
Secondly, I do not look so dimly on this process. I do not look at it as turkeys voting for Christmas. Of course, there is some self-interest; we know that because when the Boundary Commission publishes its proposals, it gives existing Members within each area—in my case, the county of Cheshire—notice of what those proposals are, perhaps the day before, so we have a chance to take in what is being proposed. We look at our own area first, but the view that is taken is collective. I trust hon. Members. With the greatest respect to the hon. Member for—
Christian Matheson
The hon. Member for Loughborough —forgive me. I do not know her well, although I know the Minister, because we have been sat together in statutory instrument Committees many times. She listens; I do not always agree with her, and she does not always agree with me, but she listens. The hon. Member for Walsall North and I have worked together on a couple of matters, and if I may say so, I consider him a friend. He is on the other side of the House, but I trust him to listen, at least.
Christian Matheson
He is for now; he will not be after I have said that. [Laughter.] I know him, and I trust him to listen, but I also trust him to take the best collective view, which is what I think most hon. Members do.
One of the depressing aspects of the evidence sessions was that people who were not MPs but were senior academics were saying, “I don’t trust MPs.” That plays into a narrative that I object to. [Hon. Members: “Hear, hear!”] I trust MPs, including hon. Members on the other side of the House who I know and have worked with on cross-party issues. I believe that, even if I disagree with their political principles or their position, they are probably doing this job for the right reasons.
Christian Matheson
Will the right hon. Lady indulge me a moment?
To go back to parliamentary approval is to provide a safety valve, so that the collective overall proposals are not daft or unworkable, and so that they have relevance to the communities they serve. That must be at the back of the minds of the commissioners—otherwise we end up with the Devonwall and Mersey Banks constituencies, where the numbers are all that matter, irrespective of the communities.
Mrs Miller
I note from the hon. Gentleman’s CV that we share the same university background, so I hope his notes about academics do not stretch as far as the London School of Economics. That would not be a good thing.
The hon. Gentleman makes an important point. In the vast majority of cases, in my 15 years as an MP I have rarely questioned the motivations of individuals here. However, can he explain the comment made by one academic in evidence about the decisions in 1967 not to accept the boundary review? There was a strong indication there that it was a question of political gerrymandering—I will use that word, although I am not sure whether that is the right context—or certainly a little sleight of hand. Now, because of the process that we have in place and the blocks that are there, we are using boundaries that are 20 years out of date. How, then, can he advocate the status quo? It is not working.
Christian Matheson
I think it was in 1969, when I was one year old, so my memory of the politics of the time is not, perhaps, good. Maybe there were political considerations within the Wilson Government at the time.
Christian Matheson
Yes, the Wilson Government in ’69. I ask the right hon. Lady what the difference is between political considerations at the end of the process and political considerations at the start of the process, when the criteria are set out. We have to get the balance right. That bookending with a return to Parliament is a good thing.
Alec Shelbrooke
The hon. Gentleman mentioned setting out criteria for setting the boundaries. That is what the Bill does, and we will vote on it in Committee and on the Floor of the House. Once the Bill is passed, the criteria will have been set, so we will not have removed parliamentary oversight and given it to the Executive. The House of Commons and the other place will vote on the criteria being set out.
Christian Matheson
The right hon. Gentleman is right, and that is the nature of parliamentary democracy, but it is also true that at any one point—in the past few years it has tended to be the exception rather than the rule, but we are now back in the rule again—one party has a majority and can drive through its preferences for the criteria. Later, I shall pay tribute to the Minister for showing some flexibility on the matter, but the fact is that the criteria are set by the majority party. That is why there is politics at one end and politics at the other. We have to recognise that.
Let me come back to the issue of the safety valve. I want to respond to something that the right hon. Member for Basingstoke said in her speech, when she talked about inappropriate political interference. Let us be clear: my party did not want the reduction from 650 to 600 seats; I do not think that the nationalist parties wanted it, nor did the majority of Conservative Members, including—I suspect—a majority of those on the Government Front Bench. I do not know whether it counts as inappropriate political interference, but the reason those changes did not go through was that there was not automaticity at the time, and hon. Members simply did not support the change. They would have voted for it on Second Reading, but that is very different, particularly for Government Members.
Let us talk about the practicality of that: it is very different for Government Members to vote against something on Second Reading and then have private conversations, which we all know go on, to make changes. That is the safety valve that non-automaticity—if I may use that phrase—provides. Bringing that process back to the House of Commons and the House Lords would provide that safety valve. We know about the 1969 event because the history books tell us about it, but such occasions are, largely, very rare.
Normally, the changes would go through, but they have not on the last two occasions because they simply lacked the support in Parliament, for genuine reasons. For example, as the right hon. Member for Elmet and Rothwell said, the view on the Conservative side changed to the idea that leaving Parliament in those conditions no longer stood. Of course, if we had had automaticity, hon. Members would not have had the opportunity to do that, we would have left the European Parliament and we would have been down to 600 seats.
This is not a wrecking amendment; it would maintain parliamentary approval as a safety valve in case the Boundary Commission got the review wrong. During the evidence sessions, we heard the phrase “marking our own homework” about MPs. That is misleading and is not what is happening. As I mentioned to Professor Wyn Jones in the first evidence session, we give the Boundary Commission its criteria; it goes off and does the job, consults, does more of the job, consults more and then comes up with the final proceedings; and then, the process rightly comes back to Parliament to tick the boxes and say, “Have they done exactly what they were asked to do according to the criteria?” There is nothing wrong with that at all.
That is absolutely normal procedure. Anybody who is doing any type of project is given the terms and criteria, and off they go to do it. The people in charge can then come back and say, “Yes, that job is done.” There is no desire on this side of the Committee to hold the Bill up any longer, but it is absolutely right that we have final parliamentary approval to ensure that the job has been done properly and that we are able to sell what the Boundary Commission gives us to the communities we serve, so that the new boundaries reflect those communities. I urge hon. Members, particularly on the Government Benches, think of this not as a wrecking amendment, but as one that would maintain Parliament’s role and sovereignty in that whole procedure.
Alec Shelbrooke
It is a pleasure to serve under your chairmanship again, Mr Paisley. I want to make a few points about automaticity and why it is worth removing. The hon. Member for City of Chester just made the point that if the change to 600 seats had gone through, that it is where we would be, but we have changed our minds before. That is true for any legislation. No Government can tie the hands of a future Government, who can bring in any Bill they wish. Earlier, I said with a certain flippancy to the hon. Member for Glasgow East that we could increase the number of seats to 700. That does remain an option, of course; any Government can move boundaries or introduce any Bill they want in a future Parliament. Indeed, this Government could do that by tabling an amendment later on.
As the hon. Member for City of Chester said, we were in slightly extraordinary times in the last decade, with coalition and minority Governments instead of majority Governments. That gave the House of Commons a huge amount of power. It also showed that the House of Commons could introduce Bills that the Government did not want, and those Bills went through. It was an extremely powerful time for Parliament. There is still that ability to bring a Bill to stop the boundaries, even with automaticity. With a majority Government, of course, it would probably fall.
Christian Matheson
Members can bring in a Bill, but the Government still have to move the money resolution.
Alec Shelbrooke
Absolutely. As the hon. Gentleman will know, however, the former Speaker showed the House that there is a way to twist everything, so none of these things is insurmountable.
My argument is simple. When we talk about MPs voting at the end, I think the argument is false, because Parliament has always had the ability to vote. I agree with the hon. Member for City of Chester that whether that is at the beginning or end, the Executive in Parliament have that power over what happens, yet it is still a parliamentary process.
Sometimes the arguments we have can seem esoteric to the public. Oddly enough, the boundaries and the reduction in Parliament did cut through to them. We may view this as a technical argument, but it was relayed on the doorstep several times over many years that constituents asked whether the House of Commons would be cut to 600 seats. The connection the public make is that they do not like politicians, and they want fewer of us, but that point did cut through and there was frustration that things had not happened.
I do not like the phrase, “Turkeys don’t vote for Christmas.” It is flippant. It undermines the thought processes that we give to this issue. There were, without doubt, specific moments—political moments in political history—that stopped those boundaries happening, as people looked at what went on.
At the very start of our proceedings on 18 June, Mr Paisley, you said:
“I ask any members of the Committee who wish to declare any relevant interests in connection with the Bill to make those declarations now.”
To which I chuntered from a sedentary position:
“Isn’t that all of us?”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 5.]
It is impossible for us not to have an interest in what will happen to our seats. I do not believe that that is because we need to pay our mortgages. Of course that self-interest comes into someone keeping their job, but I believe it is deeper than that. The hon. Member for City of Chester was elected with a majority of 92.
Alec Shelbrooke
I have done the hon. Gentleman out of one vote. He will forgive me if I am unaware of what his majority is now.
Alec Shelbrooke
I am most grateful to the hon. Gentleman. I do not know him particularly well, but he strikes me as a Member who cares about his community and has built that up. I took on the seat of Elmet and Rothwell in 2010, a newly formed seat with a Labour majority of 6,000. My majority at the last election was 17,353.
I have worked that seat, day-in and day-out, with each of my constituents, not because I am trying to secure my job, but because I love my community and working for my constituents. I have lived in my constituency my whole adult life. There is, therefore, an emotional tug on a seat that has 81,000 people and would absolutely have to change with these boundaries. Even if the later amendment of 7.5% went through, the seat would still have to change.
I doubt there is an hon. Member in this room who wants to give up part of their constituency. As the hon. Member for City of Chester says, we do care. We are in it for the right reasons. We want to represent our communities. Many of us—like myself—have lived in our communities throughout our adult life, and it is a matter of pride and honour that we represent them.
I get great joy—not for any narcissistic reasons—from the fact that when I am shopping in my local town, about 5 miles from where I live in my constituency, people come up to me all the time and ask me things. That is not narcissism; it is the fact that I am their representative, and I always wanted to be somebody who they could come up to and speak to.
David Linden
The right hon. Gentleman is making a thoughtful speech, talking about the conflict of interest faced by Members of the House of Commons. Does he intend to touch on the fact that their lordships also have a degree of approval, and do not have that conflict of interest? If we go ahead with automaticity, their lordships will not have parliamentary approval either.
Alec Shelbrooke
The hon. Gentleman is a very thoughtful man: he has got on to my very next sentence. Perhaps controversially, I would do away with the House of Lords as it stands anyway, because I hate the place. We are a modern democracy, but it is an absolute disgrace that only two Chambers in the world—those of Iran and China—have more unelected clerics than we do, or more unelected legislators. We do not keep great company in that sense.
David Linden
To clarify, I believe the Isle of Man also has unelected clerics, so we are not in completely bad company. That is a constitutional history point.
John Spellar
Will the right hon. Gentleman take the opportunity to assure the Committee, and therefore put it on the record, that at no time in the future would he accept a place in the House of Lords?
Alec Shelbrooke
I can give the right hon. Gentleman the same assurance on that issue that all Labour leaders have given. [Laughter.]
Alec Shelbrooke
I am grateful to the hon. Member for Glasgow East, because this is a serious point. We are moving approval to an unelected body, which is a strange mix of parties and balance. A load of appointees will be going to the House of Lords, and there is going to be an argument about which party is getting the most—it is a very unrepresentative body. It would be way outside the scope of this Bill to discuss Lords reform, but the problem has always been that there are 650-odd MPs who think the House of Lords needs to change, and 650 different ideas about how to do it.
The House of Lords has a role in this Bill. The Bill is setting the criteria, and it is going to the other place, where it may well get amended. It will then come back to the House of Commons, and this House will vote on it. Funnily enough, I never had a problem with the amendments passed during the Brexit debate in the House of Lords, because they were irrelevant: whether they were accepted was up to the House of Commons. People got excited about what the House of Lords was doing, but it was an irrelevant argument, because its amendments had to be accepted by the House of Commons. That is where the power lies; that is what went on. The Lords is a revising Chamber, and it may frustrate us sometimes or we may have ideological views about it, but it still has its role in this Bill.
This comes back to what the hon. Member for City of Chester said about whether the politics is at the beginning, or at the end. The answer is that it is at the beginning. The House of Commons could bring in a one-line Bill to stop this later on—that power remains with this House—but it is right that we move this process forward. If we are all honest with ourselves, the vast majority of people sat in this room are nervous about what is going to be put to us in September 2021 when the first report comes out, and about how our representations will be received in June 2022. That is the nature of human beings: people think that politicians are not like other people, but of course we are, in every respect. However, we fight for our communities not because we are worried about our jobs, but because that is why we went into politics. We all therefore ask ourselves, “Do I want to see a chunk of the community I have represented for such a long time disappear?” When that happens, it is heartbreaking.
Mrs Miller
My right hon. Friend is correct that we all fight for our communities, but we should be doing so on a fair footing. The assertion of the hon. Member for City of Chester that the current system is flawless is simply not borne out by the facts. I have been doing some gentle maths on my Order Paper, and I think my hon. Friend the Member for Newbury and I top the charts with 83,000 constituents in our patches—constituencies that are 50% bigger than that of the hon. Member for Ceredigion. Obviously, there are important reasons that things in Wales have been done in the way they have, but that does not mean we have to continue with them now. We missed out a round of reform in Wales that is long overdue.
Ben Lake (Ceredigion) (PC)
The right hon. Gentleman made a very good point earlier about representation and what it means, and the importance of working the patch. I agree with the point that the right hon. Member for Basingstoke made about the different nature of our constituencies. I would point out, however, that during the summer months the population of my constituency doubles, in part because of the very large proportion of second homers. When they come to me, they have an address in my constituency. I do not ask them whether they are registered to vote in Ceredigion; I serve them, because they have come to me for help. I make that point as a note of caution. We should bear in mind that more factors are at play than purely the electoral register.
Alec Shelbrooke
I am grateful to the hon. Gentleman. That moves us on to clauses and amendments later in the Bill that we will be able to debate further. My constituency is a county constituency. I am in the city of Leeds, but the other seven seats are borough constituencies, so it is not fair to compare me directly. There is some argument over how big Leeds Central is. It varies from 78,000 voters to 94,000 because it has such a transient population. However, the seat of Leeds East has only 66,000. I know that some Opposition Members might not particularly miss the seat of Leeds East today, but I will not ask them to comment on that. Those are the differences in just one city, among neighbouring seats. Leeds West, on the other side, is a different size to Leeds North East. Seats vary hugely within just one city by tens of thousands of votes, not necessarily just a few. However, I take on board the hon. Gentleman’s point.
I have two final points to make. The right hon. Member for Warley mentioned the OSCE report earlier in his point of order, and I picked up on it as well. The report says that
“making members of parliament (MPs) accountable to their electorate and creating a link between the MP and voters…is undermined when MPs know that they will acquire new voters with new constituencies before each election.”
I do not necessarily agree. I think that we are honourable enough to represent the people we represent right until the end. I am sure that everybody in this room, as soon as they are elected, pays no regard whatever to the voting intentions in areas of their constituency. I have worked every single area of my seat, which had a traditional mining area. The village of Allerton Bywater was a colliery. It was at the frontline of the miners’ strike. I stood in local government for it in 2002 and received 8% of the vote. In the last general election, I received 52% of the vote. It changes. We go in and work an area, and none of us takes any of our constituents for granted.
I therefore think that that is a slightly disingenuous comment, but it points to the fact that at some point things have to happen, and political events may happen towards the end of a Parliament. If we want just to delay the change and kick it forward, we are running into the fact that we could say, “Let’s have it come into effect straight after a general election, so that we all know what we’re doing next time and there’s time to adjust,” which plays into that argument. When is a good time to do it? From our point of view, I do not think that there is one. There is an automaticity point here.
I understand the amendment that Opposition Members have tabled; in fact, I think that the hon. Member for City of Chester made a very reasoned and well placed argument. My view, though, is that we have not removed Parliament’s ability to have its say in the process for two fundamental reasons. First, Parliament is having its say at the very beginning, in the criteria laid out. Secondly, there is still nothing really—we can argue about technicalities, but they have all been overcome in the past two or three years—preventing Parliament from stopping the change, if it wanted to, before it came into effect.
John Spellar
It is a pleasure to serve under your chairmanship, Mr Paisley. It has been a very instructive debate. It is very interesting—in some ways encouraging—to see that experts are back in favour in the Conservative party, after a period in which they were castigated, belittled, abused and reviled. Academics and no doubt judges will soon be back in the pantheon. However, I do not think that creating a series of new priesthoods of those who can lay down divine, unalterable and unchangeable wisdom is right in a representative democracy.
It is absolutely right that there are checks and balances within the system. As my hon. Friend the Member for City of Chester said, academics give views and those views can be challenged on the evidence that they have produced. But they all end up being advisory, and they all end up getting commissions for local government or boundary commissions, or from other bodies. In the same way, academics in transport had lots of views when I was a Transport Minister. None of them were living on their university salary: they were all doing commissions for different bodies. It may or may not have had some influence on their views.
Alec Shelbrooke
I wonder whether the right hon. Gentleman agrees with me, though, that one of the strengths of what we do at the Committee stage with the line-by-line analysis is to also act as a guide to the deliberations that have taken place and the arguments that have been put forward, for those who may independently be on the panel.
John Spellar
That is a very fair and effective point. There also needs to be a check, therefore—they know that there will be a check further down the line, and that they do not ignore those guidelines or indeed ignore the realities on the ground with complete impunity. In a minute I will come to why we saw that happen, and talk about the history of the last ten years and why boundary commissions failed on two occasions.
I must divert briefly from the matter following the intervention from the right hon. Member for Basingstoke, who had clearly prepared her comments about the OSCE, or maybe she came in after I raised the point of order at the beginning of the sitting. “The Code of Good Practice in Electoral Matters” clearly states that the
“maximum admissible departure from the distribution criterion…should seldom exceed 10% and never 15%, except in really exceptional circumstances”.
Therefore, it does not prescribe mathematical equality, nor indeed straining the system in order to achieve that mathematical equality.
Mrs Miller
The right hon. Gentleman will, if he looks back at what I said, see that I was talking about the principles set out in that report from that organisation, which explicitly say that deviation away from equality undermines suffrage. It is, of course, an international organisation so it is perhaps having to deal with many sorts of democratic systems, but I was referring to that principle.
John Spellar
Actually, if I look back at the earlier clause for which that was a note, it was referring to constituencies that had 10,000 eligible voters and another one with 100,000. The OSCE was not referring to the circumstances described when it said such situations should be avoided. But it laid down clear parameters, recognising that there would be all sorts of reasons in all sorts of countries for having a reasonable range in order to deal with ethnic or religious divisions—as it pointed out—as well as geographical factors in other areas.
I will move onto the issue of what is the mischief that actually the legislation seeks to remedy. That comes down to how we got here. Everyone accepts that population changes. Nobody—except perhaps some Conservative Members on the other side of the Committee—would want to go back to the Old Sarum system in which a dozen voters had a vote while the populations of the great growing urban areas of the 19th century were unrepresented. Obviously, therefore, we need to recognise population movement that is probably greater now than it was previously. Frankly, we got into this position because of a shallow and superficial gimmicky decision by the previous Prime Minister, David Cameron, for a strapline of saving money by cutting the number of politicians. We have, in fact, been representing far more constituents. In fact, we represent far more constituents now than at any other time in British history. He got a cheap headline, and some people may have bought it, but it was absolutely irrelevant in terms of GDP and Government spend. However, that then imposed huge constraints on the boundary commissions.
Mrs Miller
The right hon. Gentleman is advocating the current situation as if it is some utopia. Can he explain why anybody should be happy that he has a third fewer constituents than I do in my constituency? If he is looking for checks and balances if the boundary commission or its advisers abuse their position, surely they are that the House of Commons can change the legislation in future if the situation is abused. I have to say, there is more evidence that it has been abused under the current situation, and he is advocating to keep it that way.
John Spellar
I must repeat what I just said: everybody accepts that population change, growth and reduction, urban clearances and so on have an impact. That has changed somewhat, because the traditional pattern was that slum clearances in the inner cities meant that people moved to the suburbs and, subsequently, to the fringe towns. I expect that is what is happening in the constituency of the right hon. Member for Elmet and Rothwell. Everyone accepts that that takes place.
It was the actions of the former Prime Minister—first, in attempting to reduce the number to 600 and secondly, proposing to change the margin of variation to 5%—that created an unacceptable framework, which then created completely unrecognisable constituencies that completely lacked community. The borough of Sandwell would probably have gone down to three seats.
The other problem is that the rigid mathematical formula, along with no imagination from the boundary commission, creates a huge number of orphan wards. Those are areas that are parts of someone’s constituency but have no connection with the rest of it. Inevitably, the Member then focuses on the bulk of their constituency. That is not good for democracy.
Christian Matheson
I thank my right hon. Friend for giving way. He is right about the orphan wards. Does he share my concern that the right hon. Member for Basingstoke, in her intervention, accidentally conflated two interpretations of the phrase “current situation”? One is the current situation regarding the current introducing of boundaries and the other is the current situation regarding the process we follow to get there and, at the moment, the current situation includes a parliamentary approval. She mentioned in her intervention the different sizes of constituencies. We are not suggesting that we object to that, but there is a conflation here that might confuse the Committee.
John Spellar
I very much take my hon. Friend’s point. Fundamentally, the parliamentary approval finally acts as the constraint on the Executive, but also on the bureaucracy. I do not believe in this, as in so many other areas, we should just hand over decision making to the great and the good. Academics and lawyers have a proper role: they should advise. Quite apart from their role in a judicial capacity in trying cases, their views should not be unchallengeable. As I said earlier, I thought that view was quite fashionable in the Conservative party, but that may have changed.
One could do away with the whole problem. One could have a national list and, just as in Israel, whatever the percentage of votes are achieved, that is the number of seats given. I happen to believe very strongly in the constituency link. I happen to believe in individual constituencies and the Member’s link to those constituencies, representing their local interests and views. In the last election, we saw very different patterns across the country. Those regions and towns were represented. That is why it is important we try and keep those together.
Finally, one of the experts referring to the question of local links rather disparagingly said that very often they were political points dressed up as constituency links. There was some truth in that, although I think he was far too disparaging of constituency links and relationships. Equally, we are seeing that in the debate we are having. There are some political elements in this, as we are seeing with the 5%. Also, as in clause 1, there is a slight anomaly here. In 2031, the report will have to be in by 1 October and every eighth year after that it is 1 October, except in 2023 when it is 1 July. One therefore has to question whether there is an interest—I give way to the vice chair of the Conservative party.
Alec Shelbrooke
The right hon. Gentleman has given me a good smile this morning. For that to come into effect, there would have to be a vote of the House once more, because we are still under the Fixed-term Parliaments Act 2011. Once again, I hear what the right hon. Gentleman is saying, but again, it would have to be a decision of two thirds of the House.
John Spellar
Not one denial that this is a change that is designed after, presumably, not a two-thirds majority but a simple majority of the House to do away with the Fixed-term Parliaments Act 2011. I think it is part of their programme to put through that legislation and then call a snap election in October, rather than in the following May, which is scheduled in all the other legislation.
Alec Shelbrooke
I thank the right hon. Gentleman for promoting me way beyond my humble Back Bencher status to being able to control the date of the next election. It still comes down to a fundamental point that all of these matters rest on a vote of the House. It comes back to the point that I made earlier: we are voting in this Committee on setting those parameters. It does not usurp the will of the House at any time, because the Bill is in Committee, it will go through both Houses, and it will come back. Whatever the political naughtiness may be around the discussion, it will always come down to a vote of the House.
John Spellar
Mr Paisley, I am prepared to end by conceding that there is clearly political naughtiness, and it is very much contained in clause 3(2).
Shaun Bailey (West Bromwich West) (Con)
It is great to see you back in the Chair, Mr Paisley. As a relatively new Member of the House, I am quite nervous about following some of the right hon. Members who have spoken. I do not know whether I will quite be able to hit the bar, but I will give it a go.
Given that six months ago I probably did not anticipate being here, potentially putting myself out of a job is an interesting proposition. I wish to touch on some of the points made by my right hon Friends the Members for Elmet and Rothwell and for Basingstoke. I must apologise to the latter—I have been referring to her as my hon. Friend, and have not paid tribute to her membership of the Privy Council. They made some interesting points on self-interest. As my right hon Friend the Member for Elmet and Rothwell said in the first evidence session, we all have a self-interest because we all want to represent the communities that have put us here.
That notion of community is interesting. My neighbour, the right hon. Member for Warley, made the point in the first evidence session that Government Members might not understand communities quite as much because of our sprawling rural seats. If he can find some sprawling rural parts of Sandwell that he wants to take me to, I would be more than happy to meet him there.
Shaun Bailey
It is in the east. It is an interesting point, because we are put here to represent those communities. In a way, it is a weird dichotomy because those communities are our self-interest, and we want to make sure, ultimately, that they have the best level of representation.
Parliamentary scrutiny is at the core of this, and it is the contentious point. If history has shown us anything, can we really call what we have seen over the past 50 years proper parliamentary scrutiny? Really what we have seen is an attempt by this place to kibosh any sort of review or change to the boundaries. I know we keep harking back to 1969 and to the historical boundary changes, but the pattern that we see speaks for itself. This has been going on for 10 years. In the vein of trying to get things done—as we said in December—now is the time, given that we have talked about the matter for a decade, to finally get some movement on it.
The hon. Member for Lancaster and Fleetwood and others asked whether judicial-led boundary commissions would be truly independent. My right hon. Friend the Member for Basingstoke asked a representative of the Liberal Democrats in our first evidence session how politicians directly influence judicial-led boundary commissions. Surprise, surprise, no real answer was put forward.
We cannot do down the importance of the judiciary in our democracy. It is one of our three pillars of Government, and of our democracy. I have heard the arguments that we do not want the process to become one led by technocrats. We have had a debate over the past four years, as we have been trying to leave the European Union, about the role of technocrats in our democracy. However, we must look at how communities engage with this matter, particularly the aborted reviews of 2018 and some of the stories that we have heard.
I remember being told an anecdote about the proposal to join Halesowen with Selly Oak. The story was as clear as day: the hearing was going on, and a gentleman walked in off the street and articulately explained, for a good part of 10 minutes, why the Black Country is not Birmingham. In the end, that led to the commission changing its view. We cannot underestimate the role of the public, whom ultimately the Bill exists to serve, and who ultimately are the subjects of the Bill, in forming and shaping it.
John Spellar
I ask the hon. Gentleman to reflect on the proposals of the previous boundary commission, which wanted to take one seat from the middle of Halesowen right the way through past Birmingham, Selly Oak almost to the Birmingham-Solihull border. Another proposal was to run through my constituency right the way through his and then through to Dudley town centre. I am sure he will accept that there is very little commonality between those various constituencies. Indeed, most of our residents have very little dealings with the borough of Dudley and vice versa.
Shaun Bailey
The right hon. Gentleman makes a good point. I used the example that he raises with respect to the Halesowen and Selly Oak seats because of the interaction of the public, and it was changed. Yes, he is right, and that is why the public came forward during those hearings to put their points across. He knows as well as I do that the Black Country is not Birmingham. That is the point raised particularly in our patch time and again. I absolutely hear his point. We have seen those anomalies; I do not disagree with that. However, we have to trust the process and trust the public to know their communities. I am sure he will agree that our residents in Sandwell absolutely know their community.
John Spellar
To reinforce the hon. Gentleman’s point, the Black Country is not Sandwell and not Birmingham, even though people outside think it is, yet that was not recognised by the boundary commission, which stubbornly refused to accept it. That is the difficulty. There is arrogance and ignorance, frankly, in many cases, and there needs to be a corrective mechanism.
Shaun Bailey
First, I accept the point that the right hon. Gentleman raises about the boundary commission not understanding communities, but with representations from those communities those points are then corrected. The issue of Halesowen was raised with the boundary commission at the last minute and it was corrected.
Mrs Miller
I am listening very carefully. As somebody who was born in the Black Country, I am astonished that anybody would ever think that it was possible to conflate those two communities. I have listened to my hon. Friend’s thoughtful speech. It is important to remember that the legislation gives pre-eminence to equality of constituencies. Everything he talks about is important, but it is really important that equality comes first and foremost, with community ties coming after that. Whatever we might say in this debate today, constituency boundaries are an artificial construct. Their nature is by definition artificial, and we have to make sure that they do not overwhelm the need for more equality as between constituency sizes.
Shaun Bailey
My right hon. Friend is, of course, absolutely correct in her analysis. Although equality is obviously the foremost consideration, it does not eliminate those links with communities either. I think she definitely said that in her contribution. She has made the point time and again. I represent a seat with 65,500 constituents and she represents a seat with 83,000. The figures speak for themselves, so I do not think I can add to what my right hon. Friend has said.
Chris Clarkson (Heywood and Middleton) (Con)
I want to pick up on the point made about the review allowing local input. The hon. Member for City of Chester described the notorious case of Mersey Banks, which was corrected after a review. Furthermore, to pick up on the point made by the right hon. Member for Warley about the lack of imagination of the boundary commission, does my hon. Friend agree that if the Boundary Commission for England were willing to take the same approach as, for example, the Boundary Commissions for Scotland, for Wales and for Northern Ireland, where wards can be split, that would correct some of the more eccentric seats that have been come up with?
Shaun Bailey
My hon. Friend makes a fantastic point on these matters in his usual expert way. We cannot treat this exercise as arbitrary; we have to give the commission some credit. It has intelligent people, who have a degree of imagination about what they can do within the scope of these rules, and they are boundaries or guidelines; they are not so arbitrary that there is no room for manoeuvre, which I appreciate is part of the argument that Opposition Members are making.
I will try to round off my comments as quickly as I can.
David Linden
The hon. Gentleman will be aware of amendment 10, which I tabled. He is speaking powerfully about the importance of the boundary commission’s work, in particular its hearings, so will he support amendment 10, which would lift the limit on the number of hearings that could take place?
Shaun Bailey
I say to the hon. Gentleman that I am in the process of considering how my support will go; I will not pin my colours to the mast right now.
Shaun Bailey
First, I will listen to the arguments that the hon. Member for Glasgow East makes, because I do not want to deprive him of the opportunity to articulate his points in the way that only he can. So, we will see what happens when we come to that amendment.
I will simply say that we come to this issue with a degree of self-interest—we all do. Historically, this place has not been the best at balancing the boundaries and making sure that there is equal and fair representation. The parameters that we are setting are flexible enough to ensure that the boundary commission can show some imagination, and we cannot do down the inputs from communities if we are to be sure that these new constituencies are accurately representative of the areas that people live in. Also, we must give credit to the independence of this process. We have yet to hear a really strong argument as to how the independence of these judicially-led bodies can be compromised.
I will round off my comments there.
Clive Efford (Eltham) (Lab)
I apologise, Mr Paisley, for missing part of the debate, but I was in the main Chamber for business questions and came here as soon as I could.
I sympathise with the idea that we should set the parameters for this process, and then remove the politics from it and allow a clean process to come to its conclusion. That is a very attractive proposal and it is easy to see the strength of that argument, on the surface. However, when we listened to the evidence from the experts, one of the things that came across absolutely clearly —I should say that I am speaking in favour of the amendment—was that they do not understand the role of parliamentarians and they do not understand the relationship that parliamentarians have with their constituencies. That came out loud and clear, even from those who were more sympathetic to the argument that place is important in people’s minds in how they vote.
My fear grew as I listened to the evidence that if we hand this process over to bureaucrats or academics, in the absence of understanding of that relationship between MPs and the communities they represent, and of the affinity that MPs develop with those communities, we will end up with a mathematical exercise. We have set the parameters at 5% and basically we just draw rings around the population across the country 650 times, and then we will satisfy the criteria. And by the way, within that, we will do a bit of manipulation to try to meet some community needs.
For me, that hits fundamentally at the heart of what the democratic process is all about. I mean, the origin of politics is the marketplace—the agora—where the popular view would prevail. That is really where the roots of democracy lie. What happens in that marketplace—in that common place within a community—is that people discuss and debate matters, and express views about their common experiences. And eventually, they come to a collective view.
To look at what happened at the last election, in many communities up and down the country, people were sick and tired of being left behind and felt that their communities were forever in decline while others were benefitting from being part of the European Union, the globalisation of the economy or whatever it was. Collectively, they came to the same conclusion and there was a seismic shift within those communities.
That shift moved against the Labour party in what have been called the red wall seats. Some common experience within those communities caused a large body of people to come to a collective view. Place and common experience are important factors in the way people form views about how they want to be represented. To undermine the connection between place and the most common experiences of the community hits at the root of the democratic process.
Chris Clarkson
The point about place is fair and important, but the reality is that even under the current boundaries there are many seats that simply do not represent a cohesive or coherent grouping of population. I look at my own constituency, which is one of the red wall seats. I have Middleton, which is Manchester-facing; Heywood, which is Lancashire-facing; and a third of the town of Rochdale, where the people are deeply embittered about the fact that they are not in the Rochdale constituency. Whatever process is used, there are going to be some communities that are either split, orphaned or combined with areas they do not necessarily look to, purely because of the electoral mathematics and geography. Does the hon. Gentleman accept that?
Clive Efford
Yes, there has to be, within this process, some degree of equalisation as to the weight of people’s votes and we have to try to achieve that as much as possible. I am arguing that, within that, we have to respect the importance of place, location and community in the democratic process. If we start to pick those apart just to meet a numerical requirement, we will diminish and undermine the ability of those people to seek representation that makes their views known collectively—how they feel about their area and their collective experience—through a democratic process. It is important that we understand them.
Why I feel that this is important comes back to us. I will move on to that point further this afternoon, but it is about how accountable we are, for what we do, to our communities. That was dismissed in the evidence we had from the experts. They did not value or feel that we value the views of our constituents. Actually, that is how we get re-elected. If we ignore our constituents, we will find ourselves unemployed very quickly. We have to show, as much as we humanly can, that we are listening and sympathetic, or empathetic, to the views of the people we seek to represent, and that we will take those views and seek to get answers. Even if we cannot get the answers that they want, we will get them a decent answer to the questions they are posing. That accountability of MPs to their communities is important.
In this process, we are accountable too. We cannot just go to a boundary commission and say, as one former Member of Parliament for my constituency said once, although not to the commission itself, that it would be fine to draw a line down the middle of Eltham High Street. The constituency goes into Bromley on the south and Greenwich on the north. People in my community were up in arms that our community should be divided between two constituencies in that way and that the integral centre of our community—the High Street—should be divided.
People value place. They feel that it is important that representation bears some resemblance to place and takes into account the entirety of the community, and its common characteristics. That is an important process. If I were to advocate such a split, at the election I would not expect many people who valued the area to vote for me. If I was going around saying, “Well, it doesn’t really matter. Draw the line at the High Street. It’s all fine,” it would not be fine. The hon. Member for Heywood and Middleton has rightly pointed out that we represent many communities. My constituency could be called Eltham, Plumstead South, Shooter’s Hill, Charlton South and Kidbrooke. Many different communities and villages have come together in the conglomeration of the suburb of south London. People do identify with those areas. I could even add Eltham Heights and New Eltham; I could name every street.
Jane Hunt
Does the hon. Gentleman agree that MPs have the opportunity, as equals with anyone in their community, to make a representation to the boundary commission when it is drawing up its ideas and through the consultation process? Does that not give equal opportunity to everyone in those communities, including the MP?
Clive Efford
I think you are asking me, Mr Paisley, to give us the opportunity to break for lunch. Is that right?
Clive Efford
In response to the hon. Lady, yes, I do agree. We do have that opportunity. But we must also ensure that when those final decisions are published— following the rules that we have set in train to review parliamentary boundaries—that comes back before us, so that we can ensure that the views of our communities are expressed and the rules we have set have been followed. That is the right of Parliament. We are accountable to the people who elect us. The people who decide the boundaries must be accountable, ultimately, to Parliament.
If we start to undermine that process, we will go down a slippery slope. That does not mean each individual MP will get their own way, but it does mean we must hold people to account for the processes that we set in train. That process must come back before Parliament.
I do want to continue, Mr Paisley, but should I pause there?
The Chair
You can try to catch the Chair’s eye at the beginning of the afternoon sitting.
Ordered, That further consideration be now adjourned. —(Eddie Hughes.)
Parliamentary Constituencies Bill (Sixth sitting)
Thursday 25th June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 25 June 2020 - (25 Jun 2020)
The Committee divided: - Ayes: 10 / Noes: 7 - Question accordingly agreed to.
The Chair
Before we start our proceedings, let me say that it is warm, which I am not complaining about, but the air conditioning does not work, so I have asked for fans. We have umpteen fans in the building, but we cannot get them quickly. I would go to the cupboards myself and get them out, but hopefully they will arrive. If Members want to take off their jackets or do whatever else they wish in order to be comfortable, so be it.
When we adjourned, Mr Efford was on his feet.
Clause 1
Reports of the Boundary Commissions
Amendment proposed (this day): 2, in clause 1, page 1, line 5, leave out subsection (2).—(Cat Smith.)
This is a paving amendment for Amendment 5, with the aim of maintaining the status quo of parliamentary oversight within the boundary review process.
The Chair
I remind the Committee that with this we are discussing the following:
Amendment 3, in clause 1, page 1, line 14, leave out subsection (4).
This is a paving amendment for Amendment 5, with the aim of maintaining the status quo of parliamentary oversight within the boundary review process.
Amendment 4, in clause 1, page 2, line 16, leave out subsection (7).
This is a paving amendment for Amendment 5, with the aim of maintaining the status quo of parliamentary oversight within the boundary review process.
Clause stand part.
Clause 2 stand part.
Clive Efford (Eltham) (Lab)
Thank you, Sir David, for calling me again to continue my contribution. I was saying that it is very important for us to have accountability in this process, and some oversight to make sure the rules have been followed.
I will give an example, which does not come from a parliamentary boundary review but from a local government boundary review that happened in my borough. The commissioner took it upon himself to make every ward come within a very tight percentage plus or minus. There were no requirements within the rules for that; it was a self-imposed ordinance that he decided he was going to follow rigidly, despite local protests. What ended up happening was that one of the wards, which had roughly 10,500 residents, was given 12 properties that were on the other side of the south circular and the other side of a large green in order to come within that tight number set by the commissioner—a limit of 3% or 5% that he had set himself, not the limit within the rules, which was 10% plus or minus. These 12 houses, which had no connection at all to the rest of the ward apart from being in the same borough, were forced to be part of that ward. That is the sort of decision that requires people to come back and say, “Wait a minute, what is going on here?” We need to have some oversight of decisions such as those, which is a good reason why we should not just set this in train without being able to oversee the conclusions that the officials and academics have drawn up.
When we were going through the process of reducing the number of MPs, a lot of people were opposed to that proposal. Let us be clear: it came after a period when MPs had been vilified because of expenses, and two very young, new leaders of their parties decided to jump on to that bandwagon and start kicking MPs. “We are too expensive. There are too many of us. Let’s cut the cost of politics. Let’s cut the number of MPs.” It was an act of populism, and a very successful one, with those leaders trying to capture a political mood because they wanted to remove the Government of the time.
What came out of that was a proposal to go down to 600 MPs that had no basis in any science, or any review that had taken place; it had no basis in anything apart from the whim of these two young, ambitious politicians. It was a figure that was plucked out of the air and thrown into manifestos, and we were then lumbered with it. Of course, the Whips then came into play, and we ended up with legislation to reduce the House of Commons to 600 MPs and had to go through that process. Once MPs had looked into the abyss and saw what it all meant, Parliament came to its senses very quickly. I never supported that proposal, but when the first boundary review was released—we had two—I came out all right. I would have had quite a safe seat, with that review only adding a bit to my existing constituency, but I still opposed the proposed changes in principle.
The second review did not go so well. The problem was that the boundary commission started its deliberations in south-east London by saying, “The numbers in Bromley borough come to exactly three constituencies that can be coterminous with that borough.” That was their starting point, and the rest of south-east London had to fall into line. That was a huge problem, and during the first review, local arguments managed to convince the boundary commission to change its mind.
The second time around, the same arguments were applied and the boundary commission came out with a set of proposals. Those went out for a second round of consultation, and then somebody who had nothing to do with all the local arguments and comments came up with a mathematical equation. They did the whole of south-east London on three pages of A4. Lo and behold, because that proposal was very close to the boundary commission’s original proposals, the boundary commission flipped right back and we had a major upheaval in my part of south-east London. The commission did not listen at all to the arguments that had been made locally and had prevailed in two successive reviews of the boundaries until that point.
That is why we need to have a final overview. We cannot just abdicate responsibility for the process and leave our constituents without a voice. No matter how many people are cynical about it, we are accountable for what we say in this process. It is quite right that we, as the elected representatives of those people, should have some oversight of the final outcome, and that the commissioners should be accountable to Parliament for what they have done. The day when we just abdicate that responsibility is a dark one for our democracy.
The Minister of State, Cabinet Office (Chloe Smith)
It is an absolute pleasure, Sir David, to serve under your chairmanship, as it was to serve under Mr Paisley’s this morning. I shall in my remarks cover clauses 1 and 2 stand part, and amendments 2 to 4, and respond where I can to what right hon. and hon. Members have said.
Clause 1 deals with the timing of boundary reviews and the submission of the final reports by the boundary commissions. First, the clause provides for the next boundary review to take place according to a slightly shortened timetable. The clause sets 1 July 2023 as the date by which the four boundary commissions must submit their final reports. That means that they will have two years and seven months from the review date—the formal start of a boundary review—to complete the process and submit their recommendations. Usually, they would have two years and 10 months.
I will deal straight away here with a point raised by the hon. Member for Glasgow East. He mentioned the question raised by Professor Sir John Curtice about why there should be a difference between the period for the immediate next review that for future reviews. I hate to say it, but there is no great conspiracy. It was set out clearly in the pages of the Conservative party manifesto, which I know the hon. Gentleman will have had as his bedside reading day in, day out since 2019. He will know from it that we have made a commitment to repealing the Fixed-term Parliaments Act 2011. There is no secret. That legislation is inadequate and we are committed to repealing it. I will not go into further detail about that in this Committee—you would not want me to, Sir David—but it squarely answers the point. It is no great secret that according to that scheme there should then be the flexibility for the next general election to be called at the right time after July 2023, which is what is in the Bill.
The purpose of clause 1 is to give the best chance of having new constituency boundaries in place ahead of the next general election, whenever that may come. As witnesses such as Mr Peter Stanyon and Mr Chris Williams of the Green party reminded us, once the recommendations of a boundary review have been brought into effect, it takes some time for returning officers to implement the new boundaries, and for all others involved, including political parties, to make the necessary preparations to field candidates and communicate with voters. So we have to allow for that period before new constituencies will be put into use. It is not a fixed amount of time, but, as a general principle, we aspire to ensure that legislation is in place six months before a poll.. That was discussed in the evidence sessions.
As the Committee is aware, it is over a decade since the results of a boundary review have been implemented. Our existing Westminster constituencies are based on electoral data from the very early 2000s. That means that our current constituencies take no account of today’s youngest voters, which is beginning to get ridiculous, nor do they reflect nearly two decades of democratic shift, house building and all the things we want a boundary review to consider. The purpose of the provision in clause 1 is to ensure that the next boundary review, which is due to begin next year, finishes as promptly as possible, without compromising the processes of the boundary commissions, including the extensive public consultation they conduct, which I will make a brief point about. We will discuss public consultation further as we go through the clauses.
The three-month reduction in timetable, in the case referred to in the clause, will be made possible by shortening the sum of the boundary commissions’ internal operational processes. In addition, we propose to shorten the public consultation time for the next boundary review only from 24 to 18 weeks. I will address that in greater detail when we discuss clause 4, where that is laid out. I can say at this point that we have tested the proposition—a timetable of two years and seven months—with stakeholders, including electoral administrators, the parliamentary parties and representatives of other parties. There was a cross-party consensus that in this instance the change is beneficial and the right thing to do.
The second change introduced by clause 1 is to extend the boundary review cycle, moving the review from every five years to every eight. The intention here—my right hon. Friend the Member for Elmet and Rothwell touched on this—is to ensure that parliamentary constituencies are updated sufficiently regularly without the disruption to local communities and their representation that might occur if there was a review every election period.
Alec Shelbrooke
Does my hon. Friend agree that, as several colleagues have mentioned, it is really important that the boundary commissions takes notice of what is being said here? Hopefully, they will look at the arguments being made, whatever the outcomes are. It is all about communities and getting it right in the first instance—I refer to the comments made by the right hon. Member for Warley. If they can do that, they can shorten the timeframe and take notice, so communities can stay together.
Chloe Smith
That is very important indeed. I am confident that all four of the boundary commissions have been listening closely to the proceedings of the Committee since our evidence sessions, which they joined, and since then in our proceedings clause by clause. I know they will want to take into account comments made by hon. Members across the Committee, including how we can keep communities together and ensure that the public has that strong voice, which was the point I was making with regard to clause 1.
Clause 1 sets out that in future the boundary commissions will submit their final reports to the Speaker of the House of Commons. Mr Speaker is the ex officio chair of the boundary commissions. The reports will go to him rather than to the Secretary of State, as the commissions do now. The Speaker, not the Secretary of State, will lay the reports before Parliament.
We think that is the right change. It underlines the independence of the boundary commissions—a theme we will return to many times. It is right that the chair of those commissions—in other words, Mr Speaker—should receive and lay the reports just as they also currently receive the progress reports made by the boundary commissions. It is also right that the Government’s only role is to implement the recommendations without needing to have any hand in the process by which they are submitted.
In summary, clause 1 makes technical but important changes to the conduct of boundary reviews. It sets the cycle of eight years, establishes the Speaker as the appropriate recipient of the final report and shortens the boundary review timetable in the way that I have explained, to give us and citizens the best chance of knowing that what they have asked for—the general election being conducted on the basis of updated and equal constituencies—will happen. For those reasons, I think the clause should stand part of the Bill.
Mrs Maria Miller (Basingstoke) (Con)
There was some discussion right at the beginning about whether the Bill gives the Executive more power, but is the Minister saying that it removes the Executive from the process once the boundary commission has started to undertake its work?
Chloe Smith
I am grateful to my right hon. Friend, because she allows me to move on to the matters in clause 2. They are very important, and she presages what I am going to say.
Clause 2 changes the way in which the recommendations of the boundary commissions are brought into effect. This is the meat of the debate. The purpose of the change is to bring certainty to the boundary review process and give confidence that recommendations of the independent boundary commissions are brought into effect without interference or delay. The boundary commissions develop their proposals through a robust process involving extensive public consultation over a two to three-year period.
The right hon. Member for Warley made a very thoughtful point about checks and balances, and what he called a new set of priesthoods. Aside from the fact that this is not new—this commission has been in existence for many decades, and rightly so—the point that I want to make is this: the public are the check and balance on that body. By way of example, more than half the recommendations made by the Boundary Commission for England in the previous cycle were changed. This morning, examples were exchanged of where change was desirable or not desirable, and where it was proposed or rejected, but the fact is that that level of responsiveness to the public has been shown to be there in what boundary commissions do, so the need for check and balance is met by what the boundary commissions do in their public consultation. That is very important. My hon. Friend the Member for West Bromwich West eloquently touched on that.
It is important that the boundary commissions’ impartial recommendations are brought into effect promptly and with certainty in order to avoid wasting public money and time and to underline the independence of the process. Clause 2 provides for proposed constituencies to be brought into effect automatically. It does that by amending the Parliamentary Constituencies Act 1986, which provides for the recommendations to be brought into effect through an Order in Council made by Her Majesty following approval of the draft order by both Houses of Parliament.
As happens now, the Secretary of State would be required to give effect to the recommendations of the boundary commissions. Let me say a little about the wording that hon. Members will see in the Bill. Professor Sir John Curtice also noted this in evidence. The wording has been updated over time. In the current legislation, a Minister must submit the draft order
“as soon as may be”.
The new wording used in the clause is:
“as soon as reasonably practicable”.
I do not think that is of great interest to the Committee, but I just want to make the point that that is more up-to-date wording. There is nothing more to be read into that change of words.
Christian Matheson (City of Chester) (Lab)
Is there any practical difference between the two forms of worfing, or is it simply using more up-to-date language?
Chloe Smith
The hon. Gentleman—my friend, if I may return his compliments of this morning—has it exactly right. I thank him for aiding the Committee’s understanding on that point. I could give examples of where that kind of wording has been updated in other Acts, but I think I do not need to do so if it is as simply put as that.
As happens now, an Order in Council will be used to give effect to the recommendations, but Parliament will not play a role in approving that order, and the Secretary of State will no longer be able to amend the draft Order in Council that implements the boundary commissions’ recommendations in the event that it is rejected by Parliament.
We heard in the witnesses sessions that a number of respected academics support this change. Countries such as Australia, Canada and New Zealand use a similar approach. It is the right one to use. We heard from Dr Renwick and Professors Hazell, Curtice and McLean, and there are many more who stand on that side of the argument. One of the most eloquent whom we heard in our sessions was Professor Wyn Jones from the Welsh Governance Centre, who said:
“It is probably better that MPs set the terms of the exercise for the Boundary Commission behind a veil of ignorance, if you like, without knowing exactly what the particular outcomes would be for them as individual MPs.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 57, Q117.]
I considered trying to get a joke on the record about Immanuel Kant and the ways that that surname could be used, but I thought it would be better not to test the boundaries of that at this stage of the Committee.
As my right hon. Friend the Member for Basingstoke went on to say, witnesses were clear that the independence of the process should not be violated—a strong word, as she pointed out. Whether Professor Curtice was also right to call Committee members and Members of the House turkeys, I could not possibly comment, but it is self-evident that MPs have an interest in the outcome. That is simply a fact.
I now turn to amendments 2 to 4 and the opposition to the clause that I assume goes with them. I disagree fundamentally with the amendments and I urge hon. Members to withdraw them. I recognise the passion with which hon. Members put their arguments. The hon. Member for City of Chester spoke about parliamentary approval being a “safety valve”, but those arguments are wrong-headed. Essentially, they say that a process should be regarded as independent if someone agrees with it, and not if they do not, which is a poor way to approach the question. The changes are important to ensure that the recommendations of the independent boundary commissions are brought into effect promptly, without interference from any political quarter, without waste of public time and money, and without delay.
John Spellar
Essentially, the Minister is avoiding the central political reality, which is that because of the way the boundary commission went about its work, whether according to its instructions or not, the Conservative Government fundamentally lost control of their Members of Parliament. Ironically, in 1969, the then Labour Government had absolute control of their Members of Parliament, which is why they voted down the recommendation. The reason that those proposals never got before Parliament was that they were so fundamentally unsatisfactory that the Conservative Government lost control of their Back-Bench Members and some of their Ministers.
Chloe Smith
I have huge respect for the right hon. Gentleman; it is a credit to the Committee that we have no fewer than two former Secretaries of State on it. I am afraid that in this case, however, he is not correct. That is not the fundamental point. The fundamental point is that we need to put in place updated and equal boundaries. If his party’s heritage goes right back to the Chartists, as he hopes it does, he ought to be with that argument rather than against it. That is what we need to address today.
I want to make a few points about the nature of parliamentary sovereignty as it operates here. The hon. Member for Lancaster and Fleetwood said that the Government of the day set the parameters and, without the safety net of a further approval stage, we could allow for bad reviews—I think I have accurately reflected her words there. Sir John Curtice also reminded us that someone could introduce an overturning Bill if they wanted to; that is a facet of parliamentary sovereignty. Parliament can do that if it wishes. Indeed, the hon. Member for Manchester, Gorton (Afzal Khan) tried to do that in the last Parliament, and we spent many hours considering his Bill.
The hon. Members for Lancaster and Fleetwood and for Glasgow East misunderstand, or misrepresent, the nature of Parliament and the Executive in their arguments, so I want to set the record straight. It is Parliament, not the Executive, that sets the parameters through this Bill; that is what we are doing. I may be on my feet right now as a member of the Executive, which I am deeply honoured to be, but it is Parliament in the form of this Committee and later in the whole House, and in the second Chamber, that does that job.
I merely present proposals. It is for Parliament to agree or deny them. It is Parliament that retains that sovereignty at all times, and if Parliament later disagrees with the measure, it can act. There is nothing here to prevent it from doing so, although I would advise against that for the reasons that I have set out. My right hon. Friend the Member for Elmet and Rothwell set that out clearly to the hon. Member for City of Chester, who agreed with him, if I understood the exchange correctly.
It is the constitutional position that the Executive are composed of the largest party in Parliament. That is simply how it is. I appreciate that I am the Minister for the Constitution, so I rather enjoy such arguments, but I hope the Committee will bear with me.
It is the case that Parliament has some crossover with the Executive—of course it does; that is how we are set up. In that resides the confidence of the House and the delivery of the manifesto commitments that have put the Government in their place. That is what we are here to do in the Bill: deliver equal and updated boundaries. That is the right thing to do.
John Spellar
I think that we should explore that constitutional issue, because we also need to look at the procedures of the House. Only the Government can instigate legislation, apart from the rather convoluted private Members’ Bills procedures. Indeed, even when such a Bill may be trying to proceed, it can be held up by not putting forward a money resolution. Government, as the Executive—subject, as the hon. Lady rightly says, to the constraint of a vote of no confidence—are able to stifle any of that legislation, should they so wish.
Chloe Smith
And in that will reside the views of the majority of Members of the House of Commons, who know what the right argument here is in this case, which is to deliver equal and updated boundaries. I am only sorry that some of the arguments we have heard this morning seem to express almost a lack of confidence in Parliament’s right and ability to set a framework at the outset and then have confidence that it can be delivered by what is a very high-quality public body, judge-led and acknowledged by witnesses to be among the best in the world in how we run our boundary commissions. Perhaps the hon. Member for City of Chester disagrees.
Christian Matheson
I am enjoying the Minister’s exposition of the constitution. The proof of the particular pudding she is talking about is in the fact that the last two boundary revisions did not have the support of Parliament. There was no formal mechanism in the way that she describes for hon. Members to express that disapproval and lack of support. It had to be done informally through the usual channels, until the Government realised that if they did push either of those to a vote, they would not have succeeded. There was no formal constitutional mechanism of the type the Minister is trying to outline.
Chloe Smith
I will say two things to that. First, we should be focusing on what we now need to do. Secondly, I am pleased to be here proposing a better way forward that demonstrates that we have listened to the opinions expressed by, among others, the Select Committee on Public Administration and Constitutional Affairs. We should therefore deliver what we have been asked to do by people in this country through the means of the Bill.
I will draw my remarks to a close. I need detain the Committee no longer. I think I have dealt with all the points put to me this morning. I recommend that the Committee reject the amendment and support clauses 1 and 2 standing part of the Bill.
Cat Smith (Lancaster and Fleetwood) (Lab)
It is lovely to see you in the Chair on this warm afternoon, Sir David. My amendments to clause 1 ask the Committee whether Parliament should vote on the review of the boundaries. As it happens, Parliament has not had the opportunity to vote on the last two reviews because they were never tabled for debate by the Government. This is a safety valve: us as parliamentarians being able to check the homework of the boundary commissions. This is not marking our own homework; this is us ensuring that the boundary commissions have executed the criteria we have given them accurately and that we are happy to proceed. I have seen it pointed out often on social media recently that the Government have an 80-seat majority. If they are so confident in their 80-seat majority, they have nothing to worry about in bringing the review that we are about to have back to Parliament for a vote.
I draw the Committee’s attention to the written evidence submitted by Dr Renwick and Professor Hazell, particularly points 15 and 16. They say that although the boundary commission has only very rarely been questioned to be biased—that would not be the case at all; we all have confidence in its independence—
“there are grounds to worry that this could change”
if the automaticity is implemented. In point 16, they set out some safeguards that could protect against that. I have some concerns that while the independence of the boundary commission is not questioned at the moment, the change could have future consequences that are foreseeable, as set out by Dr Renwick and Professor Hazell, and safeguards could be put in place.
Chloe Smith
I shall be as brief as I can. Clause 3 inserts new section 4A into the Parliamentary Constituencies Act 1986. New section 4A sets out the circumstances in which the recommendations made in a final report of a boundary commission may be modified. The purpose of the clause is to provide for a process by which a boundary commission may submit to the Speaker a statement of modification that the commission considers should be made to the recommendations after they have been submitted to the Speaker.
That will be the only process by which a boundary commission’s recommendations can be modified. Under new section 4A, the only modifications that could be made are those that the commission would request in order to correct an error. That can occur once the reports have been submitted, and where an Order in Council implementing the recommendations has not yet been submitted to Her Majesty in Council.
New section 4A(6) requires that any subsequent Order must give effect to any such modifications when implementing the recommendations. Currently, the commissions may notify the relevant Minister of modifications to recommendations in the report and the reasons for them, and the Minister will then give effect to them. The clause changes that process so that the commissions may submit a statement of modifications to the Speaker, who lays that statement before Parliament. A copy of the modifications sent to the Speaker is also sent to the Secretary of State. That is so that any commission modifications are reflected in the subsequent Order in Council that implements the recommendations, as we have just been discussing.
New section 4A(5) requires the commissions to publish a statement of modifications as soon as reasonably practicable after it has been laid in Parliament by the Speaker. These are sensible, technical changes, which I hope will not trouble the Committee greatly, to reflect the smaller role of the Government in implementing the recommendations and the increased role of the Speaker, as set out in clauses 1 and 2. I therefore urge that the clause stand part of the Bill.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4
Publicity and consultation
Question proposed, that the Clause stand part of the Bill.
The Chair
With this it will be convenient to discuss amendment 10, in the schedule, page 7, line 29, at end insert—
‘(1A) In paragraph 2(1) omit the words “and no more than five” in each of the subparagraphs.’
These amendments remove the cap on the number of hearings the Boundary Commissions may hold in each of the nations and in each of the English regions, leaving it for the Boundary Commissions to decide the appropriate number of hearings to hold.’.
David Linden (Glasgow East) (SNP)
It is a great pleasure to see you in the chair, Sir David—welcome to our deliberations. I certainly do not wish to detain the Committee long, not least because I see that the Minister is chewing a sweetie, and if I sit down quickly, I will put her in a difficult position. Amendment 10, which is supported by the hon. Member for Ceredigion, was tabled with a view to making the lives of the boundary commissioners a little easier by giving them some room for manoeuvre.
As the Committee will recall, during the evidence session on 19 June, Ms Drummond-Murray of the Boundary Commission for Scottish, in response to question 6, spoke of things being “problematic” in the last review because of the restrictions in the number of hearings set out in statute. She made it clear that covering a country the size of Scotland, and doing so with only five hearings, was problematic. The amendment would remove that restriction.
As I was gently discussing this with the hon. Member for West Bromwich West earlier, something that came through from the evidence sessions and over the course of this morning’s sitting was a respect for the boundary commissions and a desire to try to make their lives as easy as possible. The amendment would not alter the fundamental principles of the Bill; it seeks merely to give the commissioners the flexibility to undertake the public engagement that is welcomed—and not just by the hon. Member for West Bromwich West, but by us all in our communities. It seeks to give that flexibility to commissioners to undertake public engagement. I hope that the Government will support my amendment, and I look forward to hearing her thoughts on the proposal.
Chloe Smith
I will address both clause 4 and the amendment in one breath. As currently drafted, the rules governing the boundary reviews provide that there should be between two and five public hearings in each of Wales, Scotland, Northern Ireland and the nine English regions. The amendment would make the number of public hearings a matter of judgment for each of the boundary commissions. I am confident that I understand the argument that the hon. Gentleman made, and I am grateful to him for tabling the amendment in the spirit of improving and prioritising public consultation of the existing framework, which is very important.
My reservation about the amendment is that we need to give the boundary commissions clear rules that are in themselves unimpeachable. As we discussed this morning, there is of course great interest in getting the result right so that it can carry trust and command confidence. To that end, a clear and unambiguous framework is helpful; it would allow the boundary commissions to better preserve both their actual and perceived independence.
By mandating a particular number of hearings, we are saying that the commissions are able to deploy their technical expertise in a legally certain environment in which their independence could not be challenged for the wrong reasons—for example, on the grounds of process, or on grounds such as, “You didn’t do enough hearings here,” “You did too many hearings there,” or, “You didn’t give us a fair voice here and gave somebody else an overly large voice over there.”
I would put the argument at that level: instead of removing it entirely, it is right to maintain that set of guidelines for how many hearings there ought to be, because it allows for there to be a greater degree of public trust around the fairness of the process of the hearings. I hope that argument is enough to engage the interest of the hon. Member for Glasgow East, and to persuade him and the hon. Member for Ceredigion not to press the amendment.
Ben Lake (Ceredigion) (PC)
Before the Minister moves on to clause 4, I have a question about amendment 10. Is it fair to say that the Government might be willing to consider extending or increasing the role and number of hearings—setting a higher limit, as opposed to lifting it completely?
Chloe Smith
I understand the point that the hon. Gentleman makes. As the witness from the Boundary Commission for Scotland said, there ought to be more hearings. That is a fair argument—perhaps a fairer argument than the one I was seeking to address just now. I note that it is not the one on the amendment paper, so it is perhaps academic for the purposes of the immediate discussion. However, I understand and note the hon. Gentleman’s point. I will discuss the full extent of what we are doing with the public hearings, which might address his point.
We are changing the timing of the public hearings so that they can be better targeted by the boundary commissions. That goes directly to the point that Ms Drummond-May made. With the number of hearings that she had, she had to decide where to hold them in what is, as we all know, a large geographical area that is sparsely populated. Being able to be more flexible about when the hearings take place addresses that point, because after having observed the first round of feedback coming from the first round of consultation, the boundary commissions will be able to say, “Right, we see where that feedback is coming from. We’re going to use the change in timing for the hearings, which will now be in the second round, to meet that feedback where it is coming from.” In effect, it will save somebody such as Ms Drummond-Murray the difficulty of deciding blindly whether to put their hearings in Hawick or Inverness.
This change addresses that point: without necessarily needing to add another hearing, it allows for them to be better targeted. I will explain a little how the clause does that. It makes a change by putting the public hearings later in the consultation process. As I say, the clause allows public hearings to be better targeted to areas where it is clear that there might be the greatest debate over possible different options. From our discussions with the boundary commissions—indeed, the Boundary Commission of Scotland told us this in Committee—we know that it is only once a review gets going that boundary commission staff are able to judge where the feeling is greatest about particular constituencies and proposals. That is where we would want to target the use of public hearings to have the greatest impact on, and responsiveness to, the public, which is a principle that we all agree on.
The trouble with the current legislation is that the public hearings take place close to the start, during the first 12-week consultation process. Bearing in mind that the hearings are events of some scale and inevitably require large venues, which can be hard to find and need to be booked ahead, this could be a particular concern in areas where there is a sparse population. Again, there is a limited number of such venues to choose from. Under the current law, the boundary commissions can therefore find themselves picking locations and having to secure the venues before the review has even begun, to ensure that they can conduct those events. In effect, they are guessing about where the interest is going to come.
The change being made by the clause addresses that issue by allowing the boundary commissions to be better able to consider the responses received, assess where the feeling is greatest, decide where the hearings should be held, and then plan and deliver those hearings for the secondary consultation period. Therefore, to make it possible to implement this change, we are adding time to the secondary consultation period. The clause has the effect of moving four weeks of consultation time from the initial consultation period to the secondary consultation period, to allow that time for public hearings.
Cat Smith
Speaking to amendment 10, the hon. Member for Glasgow East made a very good point about the way in which the Bill must be able to be applied effectively in every part of the United Kingdom. In some of the regions where the commissioners will be doing their work, the geography and landscape are very different from those of other regions. In that sense, I am minded to support the amendment if chooses to push it to a vote. It would give the commissioners more flexibility to be able to respond to the needs of communities, and if we are to have communities that are confident in the boundaries that the commissioners draw, they must have had an adequate say in how the constituencies are formed.
Christian Matheson
First, I welcome the Minister’s explanation of the clause. I have been through a few of these boundary reviews now. I remember attending one in the mid-1990s for Cheshire, which was held in Winsford, in the geographical centre of Cheshire, along with my old mentor Lord Hoyle—as he is now is—and Mike Hall, another former MP, and the late and much-missed Andrew Miller, another former MP.
More recently, the Cheshire review was held in my own constituency in Chester, in The Queen hotel, and in that circumstance I found myself speaking against my own party’s recommendations, because the numbers had forced the party to exclude a part of the constituency from Chester that I felt rightfully belonged to it. It was a strange and uncomfortable situation, but I did what I did because it was right.
Having heard the hon. Member for Glasgow East speak to his amendment, I think there is a principle that flows throughout the Bill, which is the importance of taking into account geography, in terms of the overall impact of the Bill and its overall implications. I could easily get from Chester to Winsford and from Chester to Warrington; that would not be a problem. Speaking from my own experience, I think that Cheshire could get away with having one public inquiry.
If I think about parts of rural northern England, the far south-west, or large parts of Scotland and Wales, the sparsity of population makes it less easy to hold public inquiries than in Cheshire or in large boroughs. It is the same principle and the same argument that we will discuss later in the Bill—I do not want to wander too far off the subject of this clause—where we have numbers overriding geographical considerations. There are parts of the country that need to be treated differently because sparsity of population and geographical features make it more difficult for individuals to take part
The hon. Member for Ceredigion asked the Minister a question that had also occurred to me, about whether, in principle, she may consider a slightly different amendment, if she accepts that some areas need more attention because of their geography and sparsity of population. Obviously, the Minister cannot speak to a hypothetical amendment, but I would support that suggestion. The principle that flows through the Bill is that we cannot simply go on bare numbers. Geography, population density and the ease of people getting to, and taking part in, consultations need to be considered. I have a lot of sympathy with the amendment moved by the hon. Member for Glasgow East.
Clive Efford
I am sorry that I did not call you “Sir David” earlier. I was not trying to de-noble you and I apologise.
I support the amendment tabled by the hon. Member for Glasgow East. We are in a curious situation with this clause. On the one hand, the Government are saying, “Step back, set the parameters and let the boundary commission get on with it,” but when we get to this clause they become prescriptive. The clause limits the scope of the boundary commission to consult and to set up consultations with an area in a way that meets the reaction they are getting from a local community. It says that there can only be five consultations in an area. That does not seem to me to be stepping back, allowing the boundary commission to get on with its job, and reacting according to representations from the community.
The Bill sets a rigid timetable, which is acceptable, but subsection (12) says that we will have only six weeks for the second stage and four weeks for the third, because we have a rushed timetable. In the evidence, we were told time and again that this will be a major upheaval because the boundaries are 20 years out of date. Rather than truncating the consultation period in the coming boundary review, we should at least stick to the length of time we are setting for subsequent boundary reviews. Apparently we are not doing that and we can rush at this one, like a bull at a gate.
This is a substantial review that will bring about major changes because of the age of the boundaries we have, which is quite right. I am not arguing about the fact that these changes have to be made and that we have to achieve some sort of equilibrium, which at the same time recognises communities, but it will be a difficult exercise that the Government are making even more difficult because of the timescale they are setting.
Saying that the second stage of the review will have only six weeks and the final stage only four does not seem to be consistent with the idea that we set parameters and let the boundary commission get on with its job. All of a sudden we are starting to put difficulties in its way. I would support the amendment tabled by the hon. Member for Glasgow East if it were put to a vote. It is important that we give flexibility to the boundary commission so that the public have confidence in what the commission is doing and that their views can be heard. Even if the outcome is not the boundaries that the public support, at least they will have had the right to have their voices heard in a way that is convenient and in a location that enables them to participate. Putting restrictions on the boundary commission is a step in the wrong direction. I fundamentally disagree with the bit in subsection (12). On a boundary review that is well overdue and is going to be difficult, the Government have set a tougher timescale. The game is up. This really does expose the political considerations. This is all about the timing and choice of a general election date from 2023 onwards. It has nothing whatever to do with doing an efficient job in reviewing parliamentary boundaries.
The Chair
I point out to the Committee that any vote on amendment 10 will be later in our proceedings. If the hon. Member for Glasgow East wishes to press the amendment to a Division, it will be later in our proceedings.
David Linden
I thank the Minister and the hon. Members for Lancaster and Fleetwood, for City of Chester, for Eltham, and for Ceredigion for their considered remarks. During our discussions I reflected that perhaps this morning, we dealt with one of the more controversial aspects of the Bill with automaticity, but we have now moved to discussing hearings and where they should take place, so I am glad to have brought the temperature down, if not physically.
I detected from the Minister, particularly in response to my hon. Friend the Member for Ceredigion, that the measure is something the Government are willing to consider if there is a way that we could work together to try to table an amendment on Report. The Minister will be aware that the amendment was in no way motivated by party politics. It is about trying to assist the commissions, so I propose to withdraw the amendment on the understanding that the Government discuss with me and my hon. Friend the Member for Ceredigion some form of amendment that could perhaps be tabled on Report to address the issues that I still think are outstanding and that have been put on the record by Ms Drummond-Murray. On that basis, I will not press amendment 10 to a vote.
The Chair
I thank the hon. Gentleman for his advance warning that that is what he will do. It will be helpful as far as the administration of the Bill is concerned.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5
Number of parliamentary constituencies
Question proposed, That the clause stand part of the Bill.
Chloe Smith
Is it not a pleasure that we can do our work without the bells being quite so loud as they were earlier? I will keep my remarks on clause 5 extremely short because the clause is very simple. It amends the existing legislation to ensure that we continue to have 650 parliamentary constituencies, as we do now. Currently the 1986 Act, as amended by the Parliamentary Voting System and Constituencies Act 2011, sets the number of constituencies at 600.
The reduction has yet to happen in practice. As the recommendations of the commission’s review is based on 600, it had yet to be implemented by the order that would have been laid under previous legislation, which we have discussed mightily already this morning. This is a change of policy from that adopted under the coalition Government. There is nothing to hide. The change takes into account views that have been expressed. Dare I say it demonstrates listening?
I mentioned that the Public Administration and Constitutional Affairs Committee has looked into the matter, and we are grateful for their consideration. On balance, we believe that the move to 600 constituencies, brought into law in 2011 by the coalition Government, is no longer the appropriate move to make because circumstances have changed in two areas. First, in the past decade the UK population has grown by 5% between 2011 and 2019. It is now estimated to be 66.4 million. And—the one hon. Members have all been waiting for—we have left the European Union. Is that not the core argument of the day? It is relevant to the Bill because we have regained significant areas of law making, returned to this Parliament and the other legislatures of the UK. That means that to ensure effective representation for a growing population, it is sensible to maintain 650 constituencies. I note that there was broad consensus on that on Second Reading, so I do not think that any of the chucklings that we have heard from sedentary positions are based on strong arguments. The direction of the argument is in favour of maintaining 650.
Mrs Miller
I absolutely understand and accept the Minister’s argument, although other democratic institutions regularly review the number of their elected representatives. My local authority, Basingstoke and Deane Borough Council, has just implemented new boundaries to reduce the number of councillors from 60 to 54, not only to save the council tax payer money, but to recognise that things change. The Government are right to keep such questions under review.
Chloe Smith
I am grateful for that example. My right hon. Friend is correct, particularly about the principle that ought to underpin what we do here. After all, we are looking at public money, in terms of what we might call the cost of politics—the number of salaries multiplied by 600 or 650—and how we ask the boundary commissions to do their work. Those things are underpinned by public money and public time, so we should consider them in Committee . There is nothing more extensive to say about clause 5, so I commend it to the Committee.
Cat Smith
The Opposition welcome clause 5. We have argued to keep the number of MPs at 650. I also welcome the Minister’s explanation of why the Government have U-turned and returned to the idea of having 650 Members of Parliament.
The Minister made the argument that the UK population has grown by 5% since 2011. I ask her, and she is welcome to intervene, whether that is an indication that we should expect the 650 figure to increase in subsequent reviews if the UK population were to increase in that time.
I also ask why the number is fixed. We heard in our evidence sessions that one of the difficulties that commissioners have in drawing seats is that they must finally reach the 650 figure. Is there not a strong case for having a target number of MPs that the commissioners should reach within a percentage range? Overall, the Opposition welcome the clause and the decision to maintain 650 MPs.
John Spellar
Briefly, several of the factors that the Minister outlined were blindingly obviously after 2015 as well. The population in this country was going up and there had been a referendum to leave the European Union. Was it not, frankly, the shallowness of David Cameron and the stubbornness of the right hon. Member for Maidenhead (Mrs May) that meant that the Government have had to make the change now that they could have made before? We would then have been here representing different constituencies. There is no shame in saying that the former leadership of the party—it is probably unwise to attack the current leadership—got it wrong and that is why they have done a U-turn.
David Linden
Can I say what a pleasure it is to see clause 5 in the Bill? I spent about 30 sittings of my life in the last Parliament on the Parliamentary Constituencies (Amendment) Bill Committee, brought forward by the wonderful hon. Member for Manchester, Gorton (Afzal Khan). On that Committee were me, the Minister, the hon. Member for Coventry North East, the hon. Member for Lancaster and Fleetwood and the hon. Member for City of Chester, with whom I have grown incredibly close over this issue and through the armed forces parliamentary scheme. It is a genuine delight to be on the Committee.
I used to trot along the corridor every Wednesday morning to come and argue that there should be 650 seats. At the time, the Minister, only six months ago, was resolutely opposed to that. So it is with a degree of glee that I hear her talk about that 5% population growth. I know that, on the Committee, I, the hon. Member for Lancaster and Fleetwood and the Minister have had children, but I can safely say that we have not contributed 5% population growth in the last six months. Therefore, the U-turn is quite remarkable.
There is also an argument based on Britain leaving the European Union. I accept that. It will be a travesty and bad for Scotland, which is probably why people in Scotland voted against it, but if we follow to its logical conclusion the argument about losing 73 MEPs who used to go to Brussels and debate and legislate on our behalf, and all those laws coming back to the UK Parliament—by and large they are coming back to it as a result of a power grab by the UK Government who are not devolving the powers on to institutions such as the Welsh Assembly and Scottish Parliament—presumably we should increase the number of seats, commensurately with MPs’ increased workload. Like the hon. Member for Lancaster and Fleetwood I am perplexed that the number remains at 650.
I want to pick up on the Minister’s point about cutting the cost of politics. One of the things that I tried to bring up in those enlightening Wednesday morning Committee sittings—with more ease some weeks than others—was that the Government’s argument that they are cutting the cost of politics is problematic because of the other place.
David Linden
I am grateful that that revolutionary from Yorkshire, the right hon. Member for Elmet and Rothwell, agrees that we should abolish their lordships. The Government need to be consistent if they make the argument about cutting costs. Even this week we hear that the Prime Minister’s chief aide Eddie Lister is off to join the House of Lords, with £305 a day tax-free for the rest of his life, without ever being subject to a vote.
The House of Lords is an utterly undemocratic institution. There are only two places in the world where hereditary chieftains retain the right to make law. One is the United Kingdom and other is Lesotho. There are only three parts of the world where clerics retain the right to legislate. We have 26 bishops, the Lords Spiritual, who legislate by virtue of their religion. The other countries, of course, are Iran and the Isle of Man. If the Minister, therefore, wants, as she has said today, to talk about cutting the cost of politics, may I gently suggest that in the previous Parliament the Bill was starting at the wrong end, with the election of MPs? Perhaps if we want to cut the cost of politics we should end the circus down the other side of the building.
Laura Farris (Newbury) (Con)
The hon. Gentleman picks up where I was cut off by the time limit in my Second Reading speech, and I could not agree with him more. When I was preparing my Second Reading speech I looked at the Hansard report of the debate from the late 1990s on reform of the House of Lords under Tony Blair. I was struck to see such familiar names as Ted Heath. Giants of the British political scene made arguments that we make in exactly the same form today. I looked into the cost of the House of Lords, and it is not the same as the cost of House of Commons, but it is not far off. There is no right of removal, and we avert our eyes from what is inappropriately still a hereditary principle, when we all know that is not a good enough reason for anyone to hold status in public life any more. I hope that a bold, reforming one nation Government will have, at some point in the next five to 10 years, an eye on that, because it is the elephant in the Palace.
David Linden
I have watched the hon. Lady in the last couple of weeks in the Chamber and she has been incredibly thoughtful. I suspect that the Government Whip is probably wincing slightly but the House is all the richer for people who are willing to stand up and say, “If we are going to talk about the future of the UK constitution we need to address the fact that in 2020 we still have people who have been there many years and have never been subject to a vote.” She is right to say that.
Alec Shelbrooke
As the hon. Gentleman has picked up, there is quite a lot of agreement about the other place. However, I do not think it is particularly fair on the Minister to be talking about it when we are trying to deal with a constitutional Bill on the House of Commons, and on how we vote. I say to him gently that I understand the arguments that he makes, and there is merit in them. He has some cross-party agreement. Voting on the other place has always tended to be a free vote, and it has always fallen at the last hurdle. I would be more than happy to have discussions with the hon. Gentleman if he could find positive ways to move forward on the subject. I am just not sure today is the right moment.
The Chair
Order. I have been biding by time about when to intervene. We have now had two interventions that were long speeches. Can we stick to the Bill? The Bill has nothing to do with reform of the House of Lords.
David Linden
Thank you very much, Sir David. I do not want to challenge the establishment too much when you are in the Chair, so I will avoid being taken down the path that these unruly Conservatives would have me go down—of course, I was so much in order. Perhaps my remarks in the last few minutes have been slightly cheekie-chappie, but I want to say that I am delighted to see the clause in the Bill. It would be remiss of us not to put on the record our thanks to the hon. Member for Manchester, Gorton, who tried to keep this issue alive in the previous Parliament and, as a result, we find ourselves with a Bill that is by no means perfect, but the clause is one of the better things in it. With that, and I am sure to everyone’s relief, I bring my remarks to a close.
Clive Efford
The Bill gets more and more curious. The Minister argued consistently on previous clauses for a position that would have prevented us from getting to the clause, had we been in that position of automaticity and the previous boundary reviews had gone through. If it were not for Parliament’s ability to have a second look at what had been set in train, we would not have the clause to have 650 MPs.
It is curious for the Minister to stand up and say that is the right decision and what we should do when she has also argued for something that would have prevented us from getting to this position. That is the argument in favour of Parliament giving the final approval on whatever the boundary commission proposes. It is clear that going down to 600 MPs was a schism imposed on us by two ambitious young politicians who got together in a rose garden and completely fell in love. It was the wrong decision, and when Parliament got the chance to take a second look, it came to a conclusion that both sides of the House support. With the situation we are in, which we have been in for a long time—MPs represent greater numbers of constituents than ever before, and in some of our inner-city areas that involves many people who cannot go on the electoral register—it has been obvious that we should not cut the number of MPs. We are where we are, but that highlights how the Government are arguing for a position that would have resulted in us making a huge error, had it been in place at the time of the last boundary review.
Christian Matheson
I will speak only briefly. In fact, I only sought to catch your eye, Sir David, after my right hon. Friend the Member for Warley gave advice to the Minister, based on his years of experience, that she was entitled to criticise previous leaders who may no longer be with us. I thought I would therefore take the opportunity to do what I promised earlier and compliment the Minister on changing her position. I said how she would prove to be flexible, and this is what I was talking about. As my hon. Friend the Member for Lancaster and Fleetwood said, the reversion to 650 is the right decision, and I very much welcome it. However, as my hon. Friend the Member for Eltham just said, is it not great that we are in a position to do that, because automaticity was not in the Bill? I will leave it at that.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clause 6
Taking account of local government boundaries
David Linden
I beg to move amendment 8, in clause 6, page 4, line 35, before “for” insert “(a)”
This is linked to amendment 9.
The Chair
With this it will be convenient to discuss the following:
Amendment 9, in clause 6, page 4, line 37, at end insert—
‘, and
(b) after paragraph (c), insert—
“(ca) boundaries of polling districts, where useable data is available;”’.
Polling District mapping is available in standard GIS formats in many areas. This allows the data to be used by the Boundary Commissions if they think fit.
New clause 9—Completeness of the Electoral Register—
‘(1) The 1986 Act is amended as follows.
(2) In rule 5(1) of Schedule 2 to the 1986 Act, at end insert—
“(f) data from the Department for Work and Pensions about non-registered voters eligible to vote.’.
David Linden
I shall speak to amendment 9. During Second Reading, I was struck by the thoughtful approach of the right hon. Member for Elmet and Rothwell, who made a plea—often repeated during the evidence sessions—for commissioners to move away from using wards as the building blocks for drawing up constituencies, and instead to break it down and use more manageable and flexible building blocks. That point was also pressed many times by the right hon. Member for Basingstoke.
In evidence from Ms Drummond-Murray during the evidence session of June 18—referring specifically to Question 8 of that session—the Committee will have noted that Scotland can break it down by postcode, if necessary, rather than using the more clunky ward building blocks. Furthermore, evidence given by Mr Scott Martin, solicitor at the SNP, drew the attention of Members to spatialhub.scot and the technology that is in play north of the border, in response to Question 102 at the Bill’s evidence session of June 18.
Polling districts are usually natural communities on their own, and are good building blocks for constituencies when wards cannot be used. Drawing constituencies using polling districts also makes the constituencies much easier to implement for the electoral administrators. They just need to reallocate the constituency that applies to each polling district, rather than allocating each individual elector. It also means that voters will not need to be allocated to different polling places when boundaries are redrawn. The parties referred to by Sir David should also be borne in mind here. Political parties that select their candidates on the basis of their members’ vote are the first users of constituency boundary data. Reallocating polling districts rather than drawing new boundaries makes it easier for political parties to ballot their members, which they may wish to do before the new boundaries are effective on the electoral registers. I remind the Committee that amendment 9 seeks to add to the tool box for the boundary commission. Rule 5(1) lists factors that a boundary commission “may take into account” to such an extent as it sees “fit”. Amendment 9 also recognises that a polling district’s data may not always be usable, clearly ensuring that it stays as set out and that the data is only used by the relevant boundary commission satisfied that a particular area and data are properly usable. Amendment 9 merely supplements clause 6 and allows boundary commissioners to draw upon technology as set out in the Bill’s explanatory notes.
I am keen to hear the Government’s thoughts on the amendment, and if they plan to object I would like to hear the reason; I will make a judgement on that before I decide whether to press the matter to a vote. I have outlined the rationale behind the amendment, and I look forward to the Minister’s feedback.
Mrs Miller
I wanted to make a couple of short comments on amendments 8 and 9, and commend the hon. Member for Glasgow East—he confesses to being a “cheeky chappie”—for tabling them. The amendments may be probing amendments, as I do not necessarily think they would apply in his neck of the woods, but they would certainly apply in England and Wales. I can see why he has tabled them, following our discussions, because they would put on the face of the Bill a requirement that polling district mapping be available for use. It became clear in our evidence that that was not the case; that is why evidence sessions are so useful. I am sure that hon. Members will, like me, be paying quite particular attention to their constituency information, and indeed their polling district information, not least because we are often asked to comment on where polling stations are, and our in-depth knowledge of our constituencies is an important part of our job. We know where the polling stations are and where the polling district boundaries are.
I was quite blown away by some of the responses to the questions I put to Mr Bellringer from the English boundary commission. Returning to amendment 9 before I go into exactly what he said, I understand why the hon. Member for Glasgow East tabled it. If we are going to really do what the Bill requires, which is to create equal-sized constituencies, going to a sub-ward level, whether that is, as he suggested, through polling districts, or—as in my line of questioning to the boundary commission—through postcodes, as in the part of the United Kingdom from which the hon. Member for Glasgow East comes, we need to be able to manipulate the data and the constituency information we have on a very refined level. It seemed odd that that has not been explored in the detail that hon. Members might have expected.
Sir Iain McLean, when he gave evidence, talked about the tension between getting equal-sized constituencies and the issues around local ties, which we discussed in earlier strings of amendments. The importance of equal size is clearly pre-eminent in the Bill and the amendment we are talking about now is important to deliver that important strategic focus of the legislation.
I was perplexed first by the inconsistent approach to the use of sub-ward level data in England, Scotland and Wales, and the fact that postcode data is used in Scotland and Wales but not in England. When I pressed that with Mr Bellringer, he very clearly said on the record that that information was very difficult for the boundary commission to come by; it would take a long time to access the data in the detail required. I was then perplexed by my further lines of questioning to Mr Bellringer, which made me think that, frankly, sub-ward level data had been put into the box marked “too difficult” and it was not necessarily going to be revisited. I would like to send a clear message from the Committee: that that must be revisited.
Although I am not sure I would necessarily support the amendment tabled by the hon. Member for Glasgow East at this point, not least because we are still waiting for a note from the boundary commission on how it might handle this, I hope it is listening to the debate to hear the strength of feeling on the matter. For postcodes, Mr Bellringer said,
“we do not have the postcode areas in England. We would have to create them; they could be created, but it would take an awfully long time to do.”—[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 12, Q14.]
We can wait until that data is ready, if it takes six months or 12 months. The boundary commission needs to start setting the bar a little higher than it has to date on the sort of information it has to hand. Sir Iain McLean suggested that the boundary commission should invest in geographical information systems. I do not profess to be an expert in that and I do not know whether that is what is needed. However, if it is, it should be forthcoming because it is important that we deliver the heart of the Bill, which is about equal constituencies. At the moment, I am unclear about how the boundary commission in England is going to do that. I hope the paper it sends us will edify me on that point.
Alec Shelbrooke
It is, indeed, unfortunate that we have made such quick progress that we have come to this clause before we have had the note from the Boundary Commission for England. The discussion we are having links into every single part of the Bill. This is an important moment. I am grateful to the hon. Member for Glasgow East for bringing this amendment—even as a probing amendment, if that is what it is—because it allows us to open up some very important arguments.
We had conversations this morning about whether we should hold the final vote on the Floor of the House. Opposition Members have made some powerful arguments about what would result if the boundary commission got it wrong. We should endeavour—especially with this clause today—to use the knowledge and expertise on the Committee and the evidence that we have taken to steer the boundary commission to get this right first time around. Some of the examples that were given in the past, which were then overturned when communities—not politicians—were able to make the points as to why particular suggestions were wrong, show that these things are not difficult to do, if time and attention is given to them.
I do not like to tie the hands of a body that we have asked to do a job. Being as prescriptive as the amendment would probably go too far, but it sends an important message. One of the problems with past boundary reviews has been that in order to get the numbers right, they have kept wards whole and created some very odd-looking constituencies that do not have anything in common with the areas they represent and their history.
I return to this point about communities all the time. One piece of evidence said that politicians very cleverly argue the “communities” point to get what they want in their seat, but it is an important point; it is not a political argument, and it is not about us. We represent areas: they are our communities. When the original proposal for 600 seats came out—I think it was in 2012—it was proposed that my constituency would run from my solid rural areas right into the centre of Leeds, in the Leeds East constituency. The previous MP there was George Mudie, a man who a lot of people know—certainly in Leeds and in this House—and for whom I have immense respect. He had been in public office for over four decades, I think; he was a leader of Leeds City Council, and a very distinguished one. I do not say that lightly.
He said, “This is appalling. I am an inner-city Member of Parliament. I represent the inner city; my whole professional career has been spent representing these communities.” He was wholly opposed to the Conservative areas of my seat coming into his constituency. Believe me, he would have won; more interestingly, he was more vociferously opposed to the proposals than I was. What it came down to, George Mudie was saying, was that these communities were not like communities, and the proposals broke the bond he had. I cannot remember exactly how long he served for, but I think he had been in some form of public office in those areas of that seat for over 40 years. As I said, he was a very well-respected man, who is missed in this House and in his communities.
When the boundary commission is constructing these seats, it needs to be very careful that it has regard to rule 5 of the 1968 Act, and the five sub-parts of that. That rule is very important when it comes to geography and trying to keep constituencies roughly as they are. I know that is not possible 20 years down the line—there have to be big changes—but one way in which the commission can try to achieve these objectives is to go below ward level. I do not believe we need to prescribe that—to say, “You must start with polling districts”—but in response to the questions that we asked in the evidence sessions, the evidence that we received was legitimately, “I think you need to go below ward level to get this right.” That is not the same as “You must start below ward level”—that is probably not the best approach, anyway. We would want to start with the easiest building blocks we have, and a lot of constituencies will already have those building blocks and communities within them. However, if we go below ward level, when we need to do things with the numbers, there are ways to do so.
There is a very strange little piece of my constituency, in a ward called Kippax and Methley. It is a stand-alone ward of Leeds City Council, where there are a couple of villages called Methley and Mickletown. The odd thing is that until 2010, a person would have to leave the constituency to get to those villages. They still would have to leave the ward to get to them, because the River Aire runs right through that ward and cuts it off, so they would have to go through the Normanton, Pontefract and Castleford constituency or through a different ward. Before I had Rothwell in the constituency, they would either have to go through the Morley and Rothwell constituency or through Normanton, Pontefract and Castleford. The communities are very similar: they were mining communities and the River Aire runs through them, so it is never a straightforward argument. There are some tweaks and twists around it, but the point I am making is that polling districts can be used to solve some of these slight problems.
I appreciate the amendment that the hon. Member for Glasgow East has tabled. It is an important probing amendment to get on the record why we in this Committee think it appropriate for the boundary commission to use polling districts to split wards. One of the reasons why I was persuaded that we should not prescribe polling districts as the starting point was the strength of the evidence about how those polling districts were themselves put together. I doubt it would happen, but it could create a gerrymandering situation later if those were the building blocks. That came out in the evidence. I am not saying that is what would happen, but it gives the potential for that to happen. It is therefore not right to bind the hands and to give temptation in that area, but it is important that the boundary commissions listen to the evidence. We shall explore this further when we come to the plus and minus 5% amendments later. This will be an important facet of that argument.
Christian Matheson
I will briefly make two observations and pose a question that the Minister might be able to answer. On the amendment tabled my the hon. Member for Glasgow East, I think we heard in evidence that the Scottish building blocks reflect the reorganisation of local government in Scotland. As such, they are slightly different from those in England and Wales—perhaps in terms of size, although the right hon. Member for Elmet and Rothwell has talked about wards of 17,000 people in Leeds, which are extremely large. I hope that we do not take our own experiences of wards in our areas—although I might do just that in a moment—and impose them on other parts of the United Kingdom where they are not appropriate.
Alec Shelbrooke
Just to quickly address the hon. Gentleman’s point—it is something that I did not say—he is quite right to say that there are 17,000, 18,000 or 19,000 people in a ward in Leeds. We have similar issues in Kirklees, and I think Birmingham has been mentioned. I am thinking about specific areas where there are huge wards, created from a bunch of wards—in order to reach the right number—that contain totally disparate communities. That is the area we need to look at. In the metropolitan constituencies and councils, that is really important. That might help the hon. Gentleman.
Christian Matheson
I am grateful for that clarity. I am less keen on formally using polling districts as building blocks—we will come to this issue when we debate a different amendment—on the basis that they lack the formality of a consulted-on review by an independent body.
I have a question for the Committee that might be within the expertise of an hon. Member or the Minister. In my constituency, I already have split wards. I share one ward with my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) and another with the hon. Member for Eddisbury (Edward Timpson). Split wards already exist, and it is not clear why there needs to be consideration of introducing them into the legislation now, if they are already possible.
Chris Clarkson (Heywood and Middleton) (Con)
Just to answer the hon. Gentleman’s question, I believe it is more to do with the fact that his constituency is currently aligned with a set of boundaries that predate the Cheshire West and Chester authority. Should the boundary commission conduct the review, it will probably try to use the current boundaries for Cheshire West and Chester. I am sure he would agree that that would possibly lead to quite an unwieldly seat that does not contain the entire city and might go into rural areas that do not necessarily accord with the more urban parts of his constituency.
Christian Matheson
I am most grateful for that. That might well be the case, although the boundary review area was Cheshire as a whole. I suspect the boundary commission would not want to go over the boundary review area, but that might well be a possibility.
Alec Shelbrooke
The hon. Gentleman is being most generous in giving way. There is a split polling district between me and the hon. Member for Leeds East (Richard Burgon). I have about 26 houses from one of his large polling districts in my constituency; there is also the M1 motorway between my constituency and his. It makes no sense at all and creates some issues. It is noticeable that, in constituencies where there has been a local boundary change afterwards and there is a split across constituencies, the public are not really affected by that. That point was made in relation to what happens when we split wards and look at polling districts. The public are interested in who their MP, councillor and local authority are. I do not think they particularly mind if a different part of the constituency uses a different local authority.
Christian Matheson
With the greatest of respect to the right hon. Gentleman, he is now talking about split polling districts—he is doing my head in. My head is fried. I might just jump out the window.
On the contribution of the hon. Member for Heywood and Middleton, it might be, as the right hon. Member for Elmet and Rothwell said, that previous local government boundaries were superimposed on pre-existing parliamentary boundaries. That is entirely possible. If there is some clarification, that is fine. If split wards are permissible, that may go some way towards achieving our aims. I am grateful for that contribution.
Chris Clarkson
It is a pleasure to serve under your chairmanship, Sir David. I largely agree with my right hon. Friends the Members for Basingstoke and for Elmet and Rothwell, and thank the hon. Member for Glasgow East for his amendment. I will treat it as a probing amendment, and I shall not support it as it stands because we are still awaiting a letter from the boundary commission. My concern is that if we start prescribing units, it becomes dogma. We have seen that three of the boundary commissions are perfectly happy to start looking at innovative ways of splitting wards and treating postcode areas and community council areas as building blocks.
As Mr Bellringer suggested—I am not saying that this is the attitude across the piece, but it appears to be—the boundary commissions will go for the path of least resistance, which at the moment is wards. If we give them something smaller to work with, they will just work to that particular unit. We will get concomitances of polling districts snatched from area A and area B, and it becomes a more microscopic version of what we currently have. I am also concerned about using polling districts. As my right hon. Friend the Member for Elmet and Rothwell said, there is the danger of reintroducing a political element into something when we are trying to take it out by introducing the process of automaticity.
I shall not support the amendment. I greatly appreciate the option of being able to split wards. I am glad that we have had this debate. The Committee has heard from Government-supporting Members that it is something that we are happy to look at, but I consider that being prescriptive is not the most helpful way to approach it.
Clive Efford
The hon. Member for Glasgow East has provoked an interesting debate about how we go about this process. I did not understand some of Mr Bellringer’s arguments. We all know our constituencies extremely well, and we know the level of detail that electoral registration officers produce, road by road and building by building. On a fixed date, when we enter into the parliamentary boundary review, the number of people registered for a particular street is known. I do not understand why the boundary commission, in communication with the local registration officer, could not, where it needed to, investigate that level of detail, so I did not understand those answers.
As the Bill progresses, perhaps some thought can be given to expanding the areas of information that the boundary commission uses to draw up the parliamentary boundaries. We had an interesting discussion in the evidence sessions about the use of polling districts and what their legal basis was. Peter Stanyon from the local government boundary commission explained that it was often dictated by the location of a suitable venue for a polling station, the accessibility for people with disabilities, and the convenience, to enable communities to vote. Those are important factors, and they seem to be things that lead to a community being provided with a suitable location, which is desirable. Those might be suitable building blocks.
However, Mr Stanyon also said that, post a parliamentary boundary review, local government has to have a review if there are changes within its area to a parliamentary boundary. That use of technology could therefore allow the boundary commission to go down to sub-street level in the knowledge that, at some later date, the polling district will be changed to meet the new boundary that the commission has drawn up.
The commission does not need to be restricted to the distinct polling district area. It can now move forward in the knowledge that, if it can avoid creating a parliamentary boundary that goes across the jurisdiction of a local authority area, which brings in all sorts of difficulties, it has the flexibility to create an additional polling district or to add an additional community from within that local government area, in order to avoid all the problems that come with that cross-border situation. The local government boundary commission has made it quite clear that it would move the boundaries to suit that new parliamentary boundary if it were created.
I think that the hon. Member for Glasgow East is on to something, and that should be explored as the Bill progresses. We are creating a rigid set of criteria where some flexibility could avoid lots of difficulties that will be created by having small sections of communities in different local authority areas represented by an MP who primarily supports and represents a different community. We should explore that further.
Chloe Smith
May I, Sir David, on a question of order, ask whether you would like me to speak to amendments 8 and 9, new clause 9, and clause 6 stand part at this stage?
Chloe Smith
And new clause 9, as you said at the outset. I will be very happy to do so. Thank you, Sir David, for that clarification, which was very helpful. I thank the hon. Members who tabled the amendments, and who have made very considered comments on them. I agree with colleagues that we have come to one of the interesting seams of detail that run through what we have to do in the Bill.
The amendments make specific and additional provision for the boundary commissions to take into account the boundaries of polling districts within their consideration of new constituencies where useable data is available. It might help the Committee if I make it clear in what way the amendment is additional to the provisions in the Bill. This is what Professor Iain McLean ended up looking for in his papers during our evidence session.
As colleagues will know, the 1986 Act is where this framework of rules is found, and within that framework of what are called “rules” are what are called the “factors” that are to be taken into account. That is where some of the debate is taking place; there will be others during the course of the Committee. The provision is additional because it would add to those factors, whereas the Bill does not. The Bill proposes to leave those factors as they are.
Mrs Miller
My hon. Friend started to talk about the factors within the 1986 Act. I hope she might have noticed that I tabled an amendment to ask the Government whether they should be rethinking their approach to those factors, particularly their approach to Ynys Môn being a standalone constituency, to join the other four standalone constituencies, which include two very near neighbouring constituencies in my neck of the woods—the two Isle of Wight seats.
Chloe Smith
I thank my right hon. Friend for presaging something that it is very important that we shall come on to. I do not wish to dance on the head of a pin, as it were. She is absolutely right that those points are made in the rules, and the factors are a subset of the rules that govern a microscopic element of the conduct.
The Chair
Order. I want to say to the Committee that our proceedings are confusing at the best of times, and this is not the best of times. Normally, we would have civil servants to my right with the Parliamentary Private Secretary close by. Notes would be helpfully passed to the Minister. We would normally have a couple of Clerks to my left, helping the Opposition with the order of our proceedings.
These are difficult circumstances and it is more than understandable that there is a bit of confusion. I ask the Minister not to respond at this point, so we can allow Cat Smith to speak to new clause 9, and then the Minister may wish to come back with her comments.
Mrs Miller
On a point of order, Sir David. I apologise for interrupting the shadow Minister. Can you clarify whether you are taking clause 6 stand part as part of this group? I am a little confused. I thought that we were discussing amendments 8 and 9. Are we doing the stand part debate as well?
The Chair
The stand part debate is separate. I am also in some difficulty, because this is all being organised remotely and the person who has organised it is not physically present. The right hon. Lady is quite right that it will be taken later in our proceedings.
I will say to the Clerks that, for future sittings, they may want to think about that a bit more carefully, inasmuch as Committee members are right to be confused about the order of our proceedings. As this is more or less a new Parliament; there are some hon. Members who have never served in Committee before. I will send that message so we can be more helpful in future sittings.
David Linden
Further to that point of order, Sir David. I wonder whether it might helpful for the Committee to suspend proceedings for a minute or two, until we understand exactly what is happening. I confess that in the last minute or so I have become more confused.
The Chair
I am not minded to pause the proceedings, because I do know what I am doing. I am trying to help everyone. If the Chair had lost control, we could do that, but we would have to have a long discussion. I ask the Committee to accept that, when we meet again on Tuesday, I will ensure that there is greater clarity to help Her Majesty’s Opposition and the different parties as they wish to scrutinise the Bill, and the Government as well.
Alec Shelbrooke
Further to that point of order, Sir David. I am completely lost. Can you clarify whether we are debating amendments 6 and 7 now?
The Chair
I can clarify that very easily. I am not being rude, but, if hon. Members listen carefully, at the start of the proceedings I said, “We now come to amendment 8 to clause 6, with which it will be convenient to discuss amendment 9 and new clause 9,” and I then called Mr Linden. What I said at the start was correct; it is just finessing the process. Hon. Members rightly get confused about when they can move amendments and when they can withdraw them.
I say again to the Committee that next Tuesday, we will ensure that things run more smoothly. I have just been advised that it is worth stating the simple principle that the selection list is available in the room and shows the order of debate. As a Member of Parliament, I understand that, although that is available, it is a bit like finding out that we were physically looking at the wrong Bill in our evidence session. We are all human beings and we can all make mistakes.
Chloe Smith
On a point of order, Sir David. I think I might be able to assist the Committee on how we have come to this point of discussion. When I heard you say what you have just repeated, I made a note to myself that circled the group containing amendments 8 and 9 and new clause 9, which appears in a different group on the selection list that you have just referred to. I for one have been working in an L shape, which might have caused confusion among colleagues, because there are four different groupings of which we suddenly seem to be doing two at once.
The Chair
I am now much better in the picture than I was before. To answer Mr Shelbrooke’s question, once we have dealt with the group that I announced at the start of the proceedings, we will go on to Mr Linden and deal with amendment 6 to clause 6, with which it will be convenient to discuss amendment 7.
Cat Smith
I must admit that I am still quite confused, if I am honest, but hopefully all will become apparent.
I am speaking to new clause 9, which is about the electoral registers that are used to compile the boundaries that we draw. In the written evidence submitted by Professor Toby James, a professor of politics and public policy at the University of East Anglia, it was eminently clear that in the latest estimates from the Electoral Commission there were between 8.3 million and 9.4 million people in Great Britain who were eligible to be on the registers but were not correctly registered on the December 2018 register. Since the introduction of individual electoral registration, we have seen registration become increasingly seasonal, and in his written evidence the professor outlined some of the reasons that that might be. His suggestions to the Committee are slightly outside the scope of the Bill, but I draw the Committee’s attention to his paragraph 12, which suggests ways to improve the accuracy and completeness of the electoral register.
New clause 9 would include Department for Work and Pensions data to correct the electoral registers and make sure that the data that the commissioners draw on to draw our constituency boundaries are fuller and more complete than the data they currently work with.
Ben Lake
The hon. Lady makes an important point, particularly when we consider that many constituencies will be drawn on the basis of the electoral register on a particular date. I know from my own constituency that at least 6,000 students are not registered, even though, when it comes to constituency casework, I answer their queries and try to serve them, so this is an important consideration. We should try to get as full a picture as possible because, after all, that gets to the heart of representation.
Cat Smith
I thank the hon. Gentleman for making that intervention. The points that he has made during our proceedings today about the nature of his Ceredigion constituency, where the population can fluctuate, highlight the point that the data that we use have to come from a snapshot in time. However, that snapshot is often inaccurate for various reasons, including people moving house. They can delay registering or perhaps they do not register if there is no election imminent.
The hon. Gentleman mentioned students who may or may not register in one or two locations, which means that often the register is inaccurate. When we as constituency MPs hold our advice surgeries, we often support members of our community who do not fill in paperwork, which is how they can find themselves before us. One of the things that they might not fill in, because it does not feature in their lives is the form to register to vote. And yet, as Members of Parliament, we will stand up for them in a tribunal situation or we make representations to various Government bodies because we count them as our constituents and we represent them.
New clause 9 would make the data that the boundaries are drawn on fuller and more accurate than the data that they are currently drawn on. As Professor James outlines in his written evidence, different countries use different data to draw their electoral constituencies, including population data, population estimates and electoral registers that have been made more accurate by using local government data.
The Chair
It has been admitted that I was given the wrong script. Like a barrister, of course, I insisted that that was a point. However, I have powers to change the order, and that is why I have allowed Cat Smith, who was right to be confused, to make a point. The Minister has also agreed to respond to new clause 9.
Chloe Smith
I am happy to do so, Sir David. I thank the hon. Lady for raising this interesting issue, which touches on some of the broader themes that were raised in the witness session, which we may not necessarily come to in the rest of our consideration.
As the hon. Lady explained, this proposal would insert a new clause into rule 5(1) of schedule 2 to the 1986 Act—the factors set I mentioned earlier—to add an additional factor that the commissions may take into consideration. As I understand it, she thinks there ought to be
“data from the Department for Work and Pensions about non-registered voters”
who are eligible to vote, should they choose to register.
We have already discussed, and no doubt will again, the fact that boundary reviews are conducted on the basis of the electorate. That is a major principle. The electorate are defined at paragraph 9(2) of schedule 2 to the 1986 Act as being
“the total number of persons whose names appear on the relevant version of a register of parliamentary electors.”
The register of electors is used, and has always been used, because it is the most up-to-date, verified and accurate source of information we have on those who are eligible to vote. Hon. Members who enjoyed the witness sessions will recall that we had some discussion about what it means to talk in terms of completeness and accuracy. These are the signal terms we use when we talk about the electoral register.
This proposal goes beyond that because it talks about those who are not registered. I understand the desire to catch and reflect those who are eligible to vote but who, for whatever reason, have not registered to do so. However, I have to tell the Committee that there are some significant practical considerations that argue against this proposal, because it does not take them into account.
Alec Shelbrooke
I am listening carefully to the debate. Is one of the important points that we represent everybody, as the hon. Member for Lancaster and Fleetwood said? We are using a set of data taken from a set point in time and collected in a set way, but we do not just represent the people on the electoral register. We represent everybody who is in our community, including everybody under the age of 18, who are not on the electoral register. Whether there are more people or not, we are not disenfranchising them from the service they may receive from a Member of Parliament. That is an important distinction.
Chloe Smith
Yes, I think that is right; I agree with my right hon. Friend’s characterisation. Certainly, I aspire to that in my work, and I know that will be true across the Committee. The fact of the matter is that when constructing a review, and the framework that sits around it, we need to make a definition somewhere. If we believe in equal constituencies, we have to believe in an ability to find a number to define equality, and that has always been taken to be those who are registered as voters.
Ben Lake
I appreciate the point that the Minister makes about the practicalities of us getting things right and where we draw the line, but given that we know that in certain areas—I know about some wards in my constituency—only 35% of the eligible electorate are actually registered, that is the figure that would be taken into consideration when favouring boundaries. I echo the point made by the right hon. Member for Elmet and Rothwell—we have to represent everybody. Those individuals who have not registered to vote will perhaps come to us for help and assistance. That is a point we need to explore further.
Chloe Smith
May I put on the record how much I appreciated the illustration the hon. Gentleman made to the Committee earlier about those who have second homes in his constituency? He gave a powerful illustration of the problem at hand for those who have their second homes in his constituency, perhaps in a slightly different direction in income terms from the thinking in this proposal.
Let me come to what is being asked in this proposed measure. My principal, practical point, which I make to the hon. Member for Lancaster and Fleetwood, is that the DWP does not actually have such a dataset. It does not have a dataset that specifically identifies eligible electors who are not registered to vote. In keeping with its purpose and powers, the Department holds data on those who pay tax or are in receipt of a benefit. That will certainly include individuals who are eligible to vote but not registered, and perhaps even the majority of such people—who knows?
My point is that we do not know that. However, those people would not be identifiable as such, because that is not the purpose of the DWP data. To create such a dataset, the Department would need to match its records with the electoral register, eliminate registered electors and generate a fresh, accurate list of those from its first dataset who are not registered but who are eligible to be. That would require a new data-matching process and a new power to share data for that purpose and place a new duty on the DWP. I think that the Committee will understand that I am not in a position today to accept such a new clause and argue that the DWP should proceed in that way. That is not within the scope of the Bill.
Alec Shelbrooke
I assume that I am right, although I stand to be corrected, in saying that not all voters who are registered can vote in a general election. There are voters who can vote in a local but not a general election. That is another factor that would have to be taken into account.
Chloe Smith
Here we go on the discussion of the franchise, which is a very large discussion, and I think, Sir David, you would rightly suggest we stay off it and remain within the matter in hand; but my right hon. Friend makes the point well that there are a number of different franchises in operation in this country, and there are a number of arguments for other groups to be added to the franchise. There are common arguments that those under 18, or European Union electors, should be added, but they are not in the scope of the Bill before the Committee, and in my opinion that is right. We have the correct data set, identified under the 1986 Act, as amended, and upheld in the Bill .
I hope that hon. Members will agree that the requirement that the new clause would put on the Department for Work and Pensions would not be technically correct or proportionate to its aim. I might add—although it is perhaps unwise as it might reopen the debate that we had about how the boundary commissions use data—that there is a further step that needs to be thought through, about how any such data could be used by the commissions. To use an example that I know hon. Members will appreciate, DWP records are not broken down by electoral ward—the very thing that we just spent some time discussing as the primary building block for parliamentary constituencies. A quite complex matching process would be required. That would take some time and of course doing it would have a price tag attached.
That is not the principal subject that the Committee is considering. I welcome the interest of the hon. Member for Lancaster and Fleetwood in how to include all people in our democratic process—the process represented in the Bill. She is coming from an admirable, principled place in tabling the new clause, and I have great sympathy with it, because I, like her, want as many people as possible to be registered to vote and take part, and to be counted within the purview of the Bill. However, I do not think that the new clause is a correct or proportionate way to achieve the goal.
David Linden
I think that some time has elapsed, and the conversation has moved on somewhat, since I spoke to amendments 8 and 9. I referred to myself as a cheeky chappie, and the Minister referred to me as an agent provocateur, and of course the right hon. Member for Basingstoke is right: I do not have any skin in the game in this debate, because the situation is different north of the border. However, I was genuinely interested in what came up in the course of the evidence sittings. The point brought out a degree of interest in the Committee, and I tabled amendments 8 and 9 on that basis. I think most Members will have guessed by now that they are probing amendments. I am relatively satisfied that they fulfilled the objective of stimulating debate and thought in the Government, and on that basis I thank the Committee for the discussion, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
David Linden
I beg to move amendment 6, in clause 6, page 4, line 36, leave out
‘which exist, or are prospective, on the review date’.
This amendment removes the restriction on the local government boundaries the Boundary Commissions may take into account, rather than fixing them at a technical level as at the start of the review.
The Chair
With this it will be convenient to discuss amendment 7, in clause 6, page 4, line 38, leave out subsections (3) and (4).
This is linked to amendment 6 and removes the detailed definition of a “prospective” local government boundary.
David Linden
I rise to speak to amendments 6 and 7, tabled in my name and that of my hon. Friend the Member for Ceredigion. I do not wish to detain the Committee for long, so I will be brief in explaining the rationale behind these probing amendments. One of the clearest themes throughout our evidence hearings, particularly with boundary commissioners, was a request to leave them with as much latitude and flexibility as possible and not to tie their hands. The amendments seek to remove the restriction on local government boundaries that the boundary commission may take into account, rather than fixing them at a technical level as at the start of the review.
The use of modern technologies should give the boundary commissions the ability to adapt to local authority reviews during the course of their reviews in a way not envisaged when the original legislation was put in place in 1944. There are also likely to be local authority ward reviews all but completed at the start of the review but for which orders had not been laid to give effect to them. I am all for giving the boundary commissions the flexibility they need to get on with the job, and I hope that the Government are with me on that. The Bill helps in allowing prospective boundaries to be taken into account, but they are all fixed at the start of the review, and I am for further flexibility.
As I indicated, this is a probing amendment, so I would be interested to hear the Minister’s thoughts on the merit of the suggestion and whether the Government feel that such flexibility for the boundary commission would be of use. I am happy to resume my seat and hear what the Minister has to say.
Ben Lake
I do not wish to detain the Committee for long. My hon. Friend the Member for Glasgow East explained the rationale behind the amendments and how we want to probe for a bit of debate. This gives me an opportunity to make history, potentially, because I will urge caution about accepting the amendment that I support, in the light of written evidence from Councillor Dick Cole of Cornwall Council, submitted to the Committee after the oral evidence sessions concluded. I would be interested to hear the Minister’s thoughts on his letter, and particularly on the rights of Cornwall as a historic nation. Sir David, you were kind to allow me to tread on unfamiliar territory during the evidence sessions in asking about feelings about a cross-Tamar constituency. Having studied the matter further, I understand that people in Cornwall feel strongly about it, and rightly so.
The Committee’s attention should be drawn in particular to a decision made by the UK Government in 2014, where they recognised the Cornish people through the framework convention for the protection of national minorities. One part of the convention seeks to protect the political integrity of territories associated with groups such as the Cornish people. When the Minister sums up, could she say whether anything can be done as part of the Bill to address such concerns? I note there are a few calls for a boundary commission for Cornwall to be set up. I would be interested in hearing what is possible, because Councillor Cole has raised valid concerns that we should at least look at.
Chloe Smith
I am sorry to add to possible confusion, but before the hon. Member sits down, is he referring to amendments 6 and 7 or to amendment 1?
Ben Lake
That is a good question. I am talking about amendments 6 and 7 in terms of the ability not to hold too tightly to local government boundaries. Of course, at the moment Cornwall Council is a local government boundary, and the amendments could allow for the Boundary Commission for England to introduce a cross-Tamar constituency, if it deemed that necessary.
Alec Shelbrooke
I am once again most grateful to the hon. Member for Glasgow East for taking the time to table these probing amendments, because this is an important part of the Bill and we should discuss whether we can assist the boundary commission when it goes about its work in England. As we know, when the quotas come out, they are based on regions, with certain regions having to lose seats and other regions having to gain seats. It seems odd that regions are broken down into specific local government authority boundaries.
I was born in 1976 and I still get grief on my doorsteps in Wetherby about the 1974 redistribution of councils, and the fact that people are now in West Yorkshire and not North Yorkshire. People tend not to ever forgive local government boundary changes even when they are long ago.
Cat Smith
I thank the honourable Yorkshireman for giving way. [Laughter.] On that point, the case has been made by Cornish people that they do not wish to see a seat cross the Cornish-Devon border; I think that view is clear and unanimous in Cornwall. I support Cornish people in that. As a Lancashire lass, I would be very disappointed to see a constituency drawn up that crossed into the white rose county from my red rose county.
Alec Shelbrooke
I am most grateful to the hon. Lady for that intervention. I have often said that if God had wanted Yorkshire and Lancashire to meet, he would not have put a huge lump of granite between us.
However, there is an important point here, namely that the arbitrary nature of local authority boundaries is a strange thing. In 1974, Leeds was the only authority that got bigger; all the other authorities got smaller but the Leeds metropolitan authority swept way out of what had been the Leeds City Council area and took in areas such as Pudsey, West Riding Council and all those areas.
My constituents generally do not consider themselves to be part of Leeds. However, I am a Leeds city MP, in a county constituency and a borough constituency, which gives some idea of how that is defined in the geography of election expenses. Equally, I remember a particular opponent in one of the elections who was trying to establish their credibility to stand in the area. They went to certain parts of my constituency waving the flag about what a strong Leeds Rhinos fan they were, in rugby league. I am not a rugby league fan, and am clear that I am not, but I do know that in the areas that said opponent was talking about being a Leeds Rhinos fan, the people were all Castleford Tigers fans, so I was quite pleased with that bit of electioneering.
John Spellar
Will the right hon. Gentleman tell us which football team he does support?
The Chair
Order. We are wandering all over the show. Please may we get back to the Bill?
Mrs Miller
Hon. Members are making important points about their parts of the country, which is underlining the fact that it is different in different areas. For example, the original boundaries of my own constituency of Basingstoke went very near the Berkshire border—not a million miles away from the constituency of my hon. Friend the Member for Newbury—and parts of that part of Hampshire used to be in Berkshire and have Berkshire postcodes. People who live in that part of Hampshire think they live in Berkshire, but they do not; they live in Hampshire. There might be a little less rivalry between Hampshire and Berkshire than between Lancashire and Yorkshire, which is why sensitivity on the ground is so important.
Alec Shelbrooke
I am not a historian, but there was no war between Berkshire and Hampshire—no wars of the roses.
Christian Matheson
I am listening to the points being made by the right hon. Gentleman and the right hon. Member for Basingstoke, but I am not quite clear where the consensus lies. There is an administrative issue that I would ask him to consider when making his argument. He might not want parliamentary boundaries to reflect local government boundaries—no, to be fair, he does not want that to be a primary concern—but there has to be administration of elections, and the fewer local authorities that a constituency is spread across the better.
Once those elections have taken place, there is also less of a workload for a Member of Parliament when he or she represents one local authority, or in some cases two. It becomes difficult to represent more than two local authorities, and the level of service given to constituents is less. Will the right hon. Gentleman take that into account?
Alec Shelbrooke
I am grateful to the hon. Gentleman for making those points, because I have done some research into that. My constituency is covered only by Leeds City Council, and only five wards of it, because we have such big wards—I have 15 councillors in my constituency. In fact, in most of the Leeds constituencies, there are only four wards, which might give him some idea of where we are. In the Morley and Outwood constituency, the Outwood wards are under the Wakefield authority. The Selby and Ainsty constituency, which is in North Yorkshire, has North Yorkshire County Council, Selby District Council and parts of Harrogate Borough Council and Craven District Council. Many seats are spread over more than one local authority.
I have spoken to my hon. Friend the Member for Selby and Ainsty (Nigel Adams)—he is my neighbour—and asked him about the specifics, such as whether it creates problems. He says that, overall, he is able to deal with those areas. There is a distinction between spreading across authorities in rural areas and in joint metropolitan areas, or things like that. Perhaps that is what the hon. Member for City of Chester refers to.
Christian Matheson
The right hon. Gentleman is being generous in giving way. I am concerned about constituencies spread across more than two council areas. Two is manageable, but I do not believe that three would be, which is why I disagree with his view that we should ignore local authority boundaries.
Alec Shelbrooke
As I said, my hon. Friend the Member for Selby and Ainsty has four local authorities in his constituency, but I seriously take on board what the hon. Gentleman says about more than two authorities. That still comes back to the point that I am making—a constituency does not have to stay within one local authority. We can keep like communities together and make that work—people want the communities that they understand—especially when a region has a situation: North Yorkshire is half a seat short and West Yorkshire is half a seat short, so there will have to be that crossover. It should not just be an arbitrary line drawn on a map; it is about having regard to like communities.
The only point that I am trying to bring out through this probing amendment—I hope the Boundary Commission for England will look at a way to do it—is that, although some of these things seem obvious, actually in communities they are not so obvious. That is why I used the example of the people of Sherburn in Elmet, who are in North Yorkshire and are covered by Selby District Council and North Yorkshire County Council. They are in a different constituency from me in West Yorkshire and the Leeds City Council area, but they think I am their MP because my constituency has the word “Elmet” in it.
There are local considerations that cannot be defined by the local boundaries. I hope that this probing amendment is able to bring out the need for guidance and advice, which we can give to the Boundary Commission and say, “These things are not as vital.” I am sure that it will have heard the hon. Member for City of Chester, who said that two authorities do not seem to be a problem, but it is stretching it when we start to move beyond that.
Chris Clarkson
I will start by disappointing the hon. Member for Lancaster and Fleetwood, because there are actually a number of seats that cross the Lancashire county boundary into Yorkshire, including Ribble Valley, and Oldham East and Saddleworth. If she wants to hear how strongly people can feel about it, she should ask my hon. Friend the Member for Pendle (Andrew Stephenson) what happened when he put a red rose on Earby library.
I completely understand the depth of feeling about crossing the Tamar. Actually, Cornwall is about the right size for six seats, so that is unlikely to happen. There are actually four seats in the north-west that cross the Mersey.
We need to look at the fact that local government boundaries, as they are currently constituted after Redcliffe-Maud, are actually fairly arbitrary. Bits were hived off from one area to another based on things such as local transport links and who went to work in what area. I think that a little more attention needs to be paid to natural community boundaries when we have to look at crossing county boundaries, which will inevitably have to happen in some areas.
The hon. Member for City of Chester makes a very important point about trying to limit it to as few local government areas as possible. To the best of my knowledge, in the north-west there is only one seat that contains areas from three councils: Penrith and the Border, which is geographically massive.
Alec Shelbrooke
I am most grateful to my hon. Friend for giving way. There is something that I forgot to say, and it might add strength to his argument. There is a planning application that got kicked out by the Secretary of State that would have led to hundreds of houses being built right on the border of Wetherby, but in the Harrogate Borough Council area and North Yorkshire. Not a single person moving into one of those houses would have thought that they lived in Harrogate; they would have thought that they lived in Wetherby. That is one of the reasons why it got kicked out. Again, it is an arbitrary boundary. If someone knocks on the door of the people who live there, who are literally a 10-minute walk from Wetherby town centre, they will not say that they live in Harrogate.
Chris Clarkson
My right hon. Friend makes an extremely important point. Every Monday morning, my office sends a load of casework to the hon. Member for Rochdale (Tony Lloyd), because 30% of my seat is Rochdale and people do not automatically think that I am their MP. The reality is that if we are too prescriptive about local government boundaries, we will go back to having these odd Frankenstein seats where we are trying to conform with electoral boundaries. I do not think that being too prescriptive is the right approach.
Christian Matheson
I agree with the hon. Gentleman about not being too prescriptive, but he cannot have it both ways. As he said previously, he also supports the 5% absolute tolerance on the numbers. I am pleased to hear him talking about not being too prescriptive, so will he bear that in mind as we proceed through our consideration of the Bill?
Chris Clarkson
I can tell the hon. Gentleman that it is foremost in my mind, which is why I was very glad to have the debate that was sparked by the hon. Member for Glasgow East. We need to be less prescriptive about the units that we use to build things, but there is a common-sense approach that does not involve taking ridiculous leaps by keeping whole units together, just because they have arbitrarily been drawn one way by the Local Government Boundary Commission.
Chloe Smith
We have now tapped into one of the very rich seams of community interest and detail in and around the Bill. I will make some general comments about what clause 6 does in order to accommodate explanation of what the amendment might do. I hope that will help the Committee.
I will begin by referring back to the fact that, in coming up with their proposals, the boundary commissions have a set of factors to which they are allowed to refer. I will read out the wording, which states that commissions
“may take into account, if and to such extent as they think fit”.
It is very clear in the legislation that that is a “may” power —it may be used and is there if it is needed—rather than being a “must”. The relevant factors include geographical features such as rivers or mountains, community ties, existing parliamentary constituencies and local government boundaries. The Bill does not change that.
David Linden
My intention with amendments 6 and 7 was certainly not to declare war between Norfolk and Suffolk. As I outlined in my remarks, they are probing amendments; my intention was to stimulate discussion, and I am content that that has happened. At one stage, I was almost getting ready to ask my hon. Friend the Member for Ceredigion to move over and let the right hon. Member for Elmet and Rothwell come over and join the Celtic alliance.
More seriously, I think these amendments have informed the Committee’s debates, which was their objective. I am grateful for having had the opportunity to discuss them, and on that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Eddie Hughes (Walsall North) (Con)
On a point of order, Sir David. I think we have had a very productive day so far, and our intention was to conclude proceedings at 4.45 pm.
Ordered, That further consideration be now adjourned. —(Eddie Hughes.)
Parliamentary Constituencies Bill (Eighth sitting)
Tuesday 30th June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2020 - (30 Jun 2020)
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Chair
I asked for fans to be supplied to Committee Room 14, and the fans are here. No sooner did I ask for them than the weather deteriorated. However, if anyone is too warm I will arrange for the fans to be shared with anyone who would like them.
The Minister of State, Cabinet Office (Chloe Smith)
Sir David, it is a wonderful pleasure to return to the Committee under your chairmanship. I wanted to clarify a point that was raised by the right hon. Member for Warley. He is not in his place now, but I hope it will be helpful to the Committee if I proceed.
The right hon. Gentleman asked how the protected status of Ynys Môn, on which we had an excellent debate this morning, would relate to the allocation of seats between the nations in the calculation of the electoral quota. I can make that clear now. At the start of the boundary review, before any allocations are made, the protected constituencies and their electorate are set to one side, as it were. That happens at the beginning before the national consideration. They are then not included in any consideration of either seat allocations or the calculation of the electoral quota. To illustrate that, with Ynys Môn added to the existing four protected constituencies there will be five in total. Those five will be removed from the overall total number, leaving 645. Their electorates would then be subtracted from the UK total electorate. The remaining UK electorate would be divided by 645, and that would give the electoral quota—the average on which each proposed constituency will be based. That figure is likely to fall somewhere between 70,000 and 80,000. The number of constituencies per home nation—the allocation—is then calculated by the usual method set out under rule 8 of schedule 2 to the Parliamentary Constituencies Act 1986, which also uses the total electorate of each part of the UK, minus the electorate of any protected constituencies in that part. I will talk more about the method for that when we discuss new clause 3, but I hope that in the first instance that addresses the right hon. Gentleman’s query, even in his absence.
Christian Matheson (City of Chester) (Lab)
My right hon. Friend is also a member of the Defence Committee, and the Secretary of State is giving evidence there this afternoon, so his not being here is certainly no discourtesy.
Chloe Smith
That is extremely helpful to know. As I said once before in this Committee, it is of great benefit that we have such experienced Committee members, including no fewer than two former Secretaries of State, who naturally have other calls on their time.
The final clause of the Bill, clause 12, makes provision with respect to the extent of the Bill, its commencement and the short title. As it relates to the UK Parliament and its constituencies, the Bill extends to England and Wales, Scotland and Northern Ireland. The subject matter is reserved to the UK Parliament, so legislative consent motions from any of the devolved legislatures are not required. The Bill comes into force on the day when it is passed. It is important that it should commence on that day in order to allow the boundary commissions to have legal certainty on the rules, such as the number of constituencies, for the next reviews, which begin formally on 1 December 2020—the review date—and in practice will get going in earnest in early 2021.
As I noted during discussion on clauses 8 and 9, the Bill applies retrospectively in two clauses in relation to Government obligations on implementing the 2018 boundary review and the review of the reduction of seats. The provisions in those clauses are treated as having come into force from 24 March and 31 May 2020 respectively. The short title of the Bill, once it receives Royal Assent, is set out as the Parliamentary Constituencies Act 2020.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
New Clause 1
“Registers used to determine the “electorate” in relation to the 2023 reports
‘(1) In rule 9(2) of Schedule 2 to the 1986 Act (definition of the “electorate”), for “The” substitute “Subject to sub-paragraph (2A), the”.
(2) After rule 9(2) of that Schedule insert—
“(2A) In relation to a report under section 3(1) that a Boundary Commission is required (by section 3(2)) to submit before 1 July 2023, the “electorate” of the United Kingdom, or of a part of the United Kingdom or a constituency, is the total number of persons whose names appear on a register of parliamentary electors (maintained under section 9 of the Representation of the People Act 1983) in respect of addresses in the United Kingdom, or in that part or that constituency, as that register has effect on 2 March 2020.””—(Chloe Smith.)
This new clause inserts a new clause (to be added after clause 6) which provides for the meaning of the “electorate” in Schedule 2 to the 1986 Act, in the case of the 2023 reports of the Boundary Commissions, to be determined by reference to the registers of parliamentary electors as they have effect on 2 March 2020 rather than by reference to the versions of those registers which are published under section 13(1) of the Representation of the People Act 1983 on or before 1 December 2020 (which is the “review date” provided for under clause 7), a prescribed later date, or 1 February 2021 (where section 13(1A) of that Act applies).
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss new clause 4—Definition of “electorate”—
“(1) The 1986 Act is amended as follows.
(2) In rule 9(2) of Schedule 2 to the 1986 Act, omit the words from “the version that is required” to the end and insert “the electoral register as on the date of the last General Election before the review date.”
For the purposes of future reviews, this new clause would define the electorate as being those on the electoral register at the last General Election prior to the review.
Chloe Smith
First, allow me to address the new clause that stands in my name before turning to new clause 4, which stands in the names of the hon. Members for Lancaster and Fleetwood and for City of Chester.
The purpose of new clause 1 is to mitigate a risk arising from the covid-19 pandemic that could affect the successful delivery of the next boundary review. The risk relates to electoral data, namely information on the numbers of electors across the UK. Hon. Members will be well aware that this is fundamental to the work of the boundary commissions. We need the next review, and all reviews, to be based on the most robust form of the data. Under current legislation, the next boundary review would be based on the number of registered electors as at 1 December 2020, following the annual canvass.
As we know, the annual canvass is a large information-gathering exercise that checks and verifies the addresses of registered electors. The boundary commissions generally use the version of the electoral register that follows the canvass because it is the most up to date and accurate available at the start of the review. This year, however, concerns have rightly been raised about whether the operation of the 2020 annual canvass might be affected by covid-19, given that it is a considerable exercise mobilising many staff and contractors over several months. This new clause responds to those concerns and provides for the next boundary review to be based, on a one-off basis, on the number of registered electors at 2 March 2020.
That data represents the most up-to-date electoral registration information available from the point before the impacts of covid became widespread. It will capture the registrations that took place in the run-up to the 2019 general election, subject to any monthly updates that were then also made up to 2 March 2020. As hon. Members may know from other remarks I have made and the letter I sent to the Committee, I have engaged with both parliamentary party and administrator representatives on this issue. It is critical that the next boundary review is not compromised as a result of covid, so I have tabled the new clause.
New clause 4 seeks to change the definition of the electorate to that of the electoral register from the last general election prior to the boundary review. There are a number of reasons why the Government believe this is not the appropriate dataset to use for boundary reviews, and I will lay those out.
First, as I set out when introducing new clause 1, the electoral register is updated through the year. The annual canvass then provides the most comprehensive audit of the electoral register each year. It represents the most consistent and up-to-date picture of how many UK electors there are and where they live.
Secondly, the current approach of using the December registers, the data from which is collected, checked and published by the Office for National Statistics, ensures that the boundary commissions are using officially published data that is up to date, transparent and readily available to all citizens. By contrast, electoral registration officers are not required to published data on the number of electors on the registers of parliamentary electors for general elections. That data is not officially published by the Office for National Statistics, so it could be argued to be more opaque, whereas transparency is helpful.
Thirdly, I think many of us would agree that when we are looking to update UK parliamentary boundaries, it is important that the most up-to-date and robust data is used. Unlike the canvass, general elections do not happen every 12 months—or at least we hope that they do not—and the use of election data could therefore result in boundary reviews being based on information that was considerably more out of date than that provided by the canvass. I will go into that in a couple of ways.
It is unusual for a general election to occur in the second half of a calendar year. 2019 was a notable exception, and I am sure we all reflected on that as we were banging on doors in the rain and the snow. To take a past example, had we used the general election data for the boundary review starting in 2000, we would have been using data from the 1997 general election. That would have been two and a half years out of date at the start of the review, and over a decade out of date by the time the boundaries were first used in an election in 2010.
Let me take this moment to address a few other myths about electoral registers. There are a few areas of tension as to how the registers work, and the arguments can be confusing. I do not think general election registers are always the answer, and I want to address a few of the erroneous arguments that are made. One myth advanced by some is that after a general election people suddenly vanish off the electoral register; as the register compiled for the election is sometimes regarded as the fullest or biggest, people argue that electors have to have been captured at exactly that early moment. I do not think this is the case. It seems to derive from the idea the election registers are more comprehensive as a consequence of the many registrations made in the run-up to a major poll. However, they do not somehow vanish after a poll; they are not lost. Those people remain there, and the canvass that follows any general election will verify that those who registered for that election are still resident at the same address, together with any further registrations that have taken place in the intervening months. If they are still resident, they stay on the register—quite rightly—and are taken into account at a boundary review starting after the review date.
For example, if people registered in the run-up to the 2019 December general election and remained at the same address after the election, they remain on the register. It is as simple as that. Of course the contrary is also true: if they moved immediately after the election, it is only right that the canvass and the monthly updates that follow it highlight that change. Therefore, the fullest register, as general election data is sometimes described, does not stay accurate forever.
Maintaining accuracy and completeness needs to be part of an ongoing cycle. The quality of the register relies on these two elements—completeness and accuracy. One is not enough on its own: they have to be seen together. If a person registers in the run-up to a general election in area A and shortly afterwards moves to area B, it is not right that they stay on the register for area A. Some might argue, I suppose, that for completeness they would stay registered in area A while they also registered in area B, but that is not accuracy. The work of the electoral registration officers, who have responsibility for maintaining complete and accurate registers, is to create a picture that is both as accurate and as complete as possible while, admittedly, accepting that no register can ever be perfect because the population does move.
The Government have been working hard over the years with electoral administrators to improve the accuracy and completeness of the registers. I will take a moment to highlight some of that work. The introduction of online registration has made it easier, simpler and faster for people to register to vote, taking as little as five minutes. This also applies in a positive way particularly to people who traditionally found it harder to make an application to register. Working with lots of partners, we have developed a range of democratic engagement resources to promote democratic engagement and voter registration. That is all available on gov.uk. We are also in the process of implementing changes to the annual canvass of all the residential properties in Great Britain that will improve its overall efficiency quite considerably. It will let registration officers focus their efforts on the hardest-to-reach groups, and play an important role in helping to maintain the accuracy and completeness of the register.
I hope I have given a sense of what we are doing to support the best quality data available for the function of the Bill, in the form of the covid 19-related new clause 1. I have also presented some arguments why canvass data is better data to use than the general election data. I also wanted to provide the Committee with a few insights into how we have been working to improve levels of registration in this country, and why we should all agree that that is very important, albeit slightly to the side of the main subject of the Bill. If the Committee wishes me to respond to points that others may make, I will be happy to do so, but I shall pause here and urge that the Government new clause be added to the Bill.
Cat Smith (Lancaster and Fleetwood) (Lab)
I will speak to both new clause 4, which stands in my name and that of my hon. Friend the Member for City of Chester, and Government new clause 1.
I welcome new clause 1, which corrects what I feel would be the error of using December of this year as the basis for the register for our boundary review. Clearly, the covid-19 situation has put huge strain on all our councils and local authorities, which at present are working to support some of the most vulnerable people in our communities. It would be ludicrous to ask them to undertake an annual canvass at a time of such stretched capacity in local government. However, after 20 years of delay, the boundaries must reflect the electorate, with the best possible accuracy, and that means selecting the register that best reflects the reality of the general population of our country.
I would like to use this opportunity to probe the Minister on her choice of the March 2020 register. We are in a unique position, in that just six months ago we had a general election, and before that election we saw a huge spike in voter registration. Indeed, we can see that, since the introduction of individual electoral registration, there tends to be a spike in electoral registrations before major electoral events—the most notable recently being referendums and general elections, of which we seem to have had an awful lot. The Office for National Statistics data for the period between 1 and 12 December 2019 showed that approximately half a million people registered to vote, and electoral registrations increased in 94% of our constituencies. The number of electoral registrations was at its highest level, surpassing the previous peak in December 2012.
I have some concern about the drop-off in registrations between 12 December 2019 and 2 March 2020. We heard evidence that potentially hundreds of thousands of people have fallen off the electoral register during that period. Indeed, in the current context, in which the Government have been very clear that we will not be having by-elections or scheduled elections this year because of the coronavirus, there is not the same impetus for individuals to register to vote.
This is part of a much wider problem around electoral registration, with the Electoral Commission recently—actually, it was almost a year ago—making recommendations to the Government to plug the huge gaps in our electoral rolls. I look forward to hearing the Government’s response when that is forthcoming, but we know that about 9 million people in this country are missing from the electoral registers. My concern is to find the most accurate and most complete register possible in order to ensure that every one of our citizens is included within the boundaries that we have at the next general election. New clause 4, in my name, suggests that that register would be the one from the general election, for the reason that I have set out, which is the spike in electoral registrations that we see before major electoral events, in order to ensure that every single citizen in this country who should be counted in the review is counted.
Christian Matheson (City of Chester) (Lab)
My hon. Friend has covered most of the points, so I will be very brief. In a sense, I will be asking the Minister only a couple of questions.
My hon. Friend is absolutely right to say that we hit the high water mark at the general election. The Minister has corrected me when I have perhaps claimed too high an increase for the 2017 general election. Nevertheless, there is a surge in registrations that makes a general election register, as I have said, the high water mark and, if we are asking for a snapshot, the most accurate snapshot within, perhaps, a period of nine months or a year either side. In that respect, it is the most accurate register on which to base a set of boundaries.
I wonder whether the Minister can answer a couple of questions—I am not trying to catch her out. First, can she say, given that there is that rush at a general election, what measures a Government might put in place to maintain that high water mark level of registrations? For example, in the past year there was a proposal to downgrade the annual canvass. That proposal actually went through, which I was not happy with at the time, but the Minister was confident it was achievable. We are not going to see that this year, rightly, but what measures could be put in place to maintain that high water mark around a general election? Can the Minister also explain—I think this was touched upon during the evidence sessions—whether any assessment has been made of the numerical difference between the general election register and the register in March that we are going to base this on, and why that difference exists?
Using the March register, as opposed to waiting for more people to drop off the register at the end of this year—potentially 200,000 people—is a very sensible move. I have praised the Minister in the past when she has earned it; this was the right thing to do, and I echo my hon. Friend the Member for Lancaster and Fleetwood in welcoming the change to maintain as high a water mark as possible in the number of people registered. As she has said, there is a broader debate about automatic registration, but I do not think that is covered in this new clause.
Chloe Smith
I am happy to offer a few further arguments as to why it is misguided to seek to use general election data. Going back to the facts of the matter in December 2019, there are two points I want to make. The first is that the December 2019 general election was an unexpected event, for a number of reasons. That may be a matter of ins and outs for politicians, but for administrators, that is quite a proposition: they have to be able to run an election as requested.
At that time, electoral officers had broadly three options for when to publish their electoral registers—three different options at three different times. Some published in October 2019, just after the election was called, for very valid reasons: they might have seen the benefit of trying to simplify the process of giving each elector their identification number and arranging the printing and postage of poll cards. A second group published on 1 December 2019, the traditional deadline for publication of the revised registers following the canvass. And some published on 1 February 2020, which is the deadline for those who had an election other than the general election in their area during that period—that is, a by-election between 1 January and December 2019. My point is that there are three different times when election officers would have published the registers, so there is no such thing as a single register that provides the silver bullet the Opposition are looking for. I am afraid it is deeply misguided to think there is.
My second point, based on the facts in December last year, is that some registers were swollen, but some were not. The hon. Member for City of Chester will recall the evidence given by Roger Pratt to this Committee:
“Three hundred and eighty-eight seats were actually larger at the general election than on 1 December, but 261…were smaller at the general election”.––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 30.]
Not only is there not a silver bullet, the bullet does not even go in the direction in which the Opposition would like to fire the gun.
Christian Matheson
My understanding, however, is that the overall number of electors always swells to a high-water mark during a general election, albeit there will be some constituencies in which that is not the case, as Mr Pratt advised us.
Chloe Smith
As a matter of common sense, that swelling is likely, and I agree with the hon. Gentleman that people have an incentive to register before an election. It is evidently the case that the demands of an election, where people have the chance to cast their vote and have their say, are an encouragement to registration. I do not argue against that at all; I welcome that. As I said in my earlier remarks, we want to encourage people to register year round, but there is that particular incentive with an election. These facts remain, however, and they drive holes through the Opposition’s argument right now.
I am afraid that there is one further point that I need to drive home hard: the hon. Member for the City of Chester should know better than to rehearse the really poor arguments he made about canvass reform when this time last year we discussed the statutory instrument that he mentioned. It was not a downgrade of the annual canvass. He had not done his homework at the time. It was an upgrade of the annual canvass, whereby resources can be focused on the hardest to identify, who, from Labour Members’ discourse, we might think they wished to go after. The upgrade also involved looking at where resources should be focused, rather than taxpayers’ money being put to poorer use where those resources are not needed. In other words, canvass reform allows registration officers to do a more targeted job of the canvass. That is a good thing. It allows citizens to have a better experience of canvassing, because they are being asked to fill out fewer forms. It allows taxpayers to save money. As the hon. Member for Lancaster and Fleetwood rightly pointed out, every pound in local government is sorely needed at the moment. There should never be an argument for wasting money in local government on an exercise that could be better targeted than it has been in the past. Those are the facts about canvass reform. Furthermore, I am afraid the hon. Member for the City of Chester is incorrect to say that we will not see that this year. We will. If he were in touch with his Welsh Labour colleagues in Cardiff, for example, he would know that it is going ahead this year, and that they rightly support it. Indeed, so do the devolved Government in Scotland, because it is the right thing to do. But enough on the annual canvass; that is not our subject matter here.
The Government strongly believe that the use of the electoral register in the way for which the Bill provides is the right thing to do. I have given comprehensive reasons why the idea of doing it from a general election register is not strong. I urge the hon. Member for Lancaster and Fleetwood not to press new clause 4 to a vote.
Cat Smith
We will be pressing new clause 4 to a vote. The Minister made some good points, and this is an area where we have spent many a happy day discussing the annual canvass and the inaccuracy of electoral registers. In the current cycle, I concede that the difference between the general election register and the March 2020 register is quite narrow because of the timing of the recent general election. However, new clause 4 is designed to deal with future boundary reviews. When a large amount of time has elapsed between the date of the snapshot and a general election, there may be significantly more than hundreds of thousands of people missing from the electoral register, therefore I will press new clause 4 to a vote.
The Chair
Just to clarify, that is not now.
Question put and agreed to.
New clause 1 accordingly read a Second time, and added to the Bill.
New Clause 2
Electorate per constituency
“(1) In rule 2(1)(a) of Schedule 2 to the 1986 Act (electorate per constituency) for “95%” substitute “92.5%”.
(2) In rule 2(1)(b) of Schedule 2 to the 1986 Act (electorate per constituency) for “105%” substitute “107.5%”.”—(Cat Smith.)
This new clause seeks to widen the permissible range in a constituency‘s electorate, which may be up to 7.5% above or below the electoral quota calculated in accordance with Schedule 2, paragraph 2(3) of the 1986 Act.
Brought up, and read the First time.
Cat Smith
I beg to move, That the clause be read a Second time.
Moving on from which register to use, new clause 2 is about the percentage variants between constituencies of different sizes. The Bill must proceed by ensuring a fair and democratic review. We want all the new boundaries to reflect the country as it is today, and to ensure that all communities get fair representation. Those boundaries must also take into consideration local ties and identities. Communities have never been stronger than in the recent troubling months. Right across the country, we see communities pulling together to support vulnerable residents. Now more than ever, those community connections must be valued and respected. However, the restrictive 5% quota tolerance in the Bill flies in the face of protecting those community ties.
During the evidence sessions, the secretary to the Boundary Commission for England spoke about the difficulty caused by the smaller tolerance, which makes it
“much harder to have regard to the other factors that you specify in the legislation, such as the importance of not breaking local ties, and having regard to local authority boundaries and features of natural geography. Basically, the smaller you make the tolerance, the fewer options we have.”
He went on:
“The only real way to mitigate it is to make the tolerance figure slightly larger. The larger you make it, the more options we have and the more flexibility we have to have regard to the other factors”. —[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 7. Q3.]
Ben Lake (Ceredigion) (PC)
To illustrate the hon. Lady’s point, the old boundary review proposed a new boundary for Ceredigion, north Pembrokeshire and south Montgomeryshire, which would have been 97 miles from one point to the other. I want to emphasise not only the distance, but that there is a continuous range of communities throughout that 97-mile distance. It is very difficult for whoever represents that seat to really represent the constituents in the way they have grown accustomed to.
Cat Smith
My hon. Friend makes a good and articulate point with his own local geography. Indeed, if constituents are perhaps struggling to see the identity of the communities around them, that may lead to people feeling disconnected from what their local MP is doing, because they are not perceived to be a local MP. Constituents may feel that the MP represents a different area, because of the size of some of those constituencies.
My example, also from Wales, is the constituency of Aberavon. The previous boundary review, which was on the 5% variants, proposed to cut through the heart of Port Talbot, separating the town’s shopping centre from its high street and cutting the steel works off from the housing estate that was built for its workforce. I spoke to my hon. Friend the Member for Aberavon (Stephen Kinnock) just before we came into the Committee this afternoon. He recalled that when he told his constituents about what the commission had proposed for his community, they fell about laughing and struggled to believe that this was actually true. It was incomprehensible to them that this proposal to split their community down the middle would come from the boundary commission.
Alec Shelbrooke (Elmet and Rothwell) (Con)
For my own clarity, was that on the 600 proposal?
Cat Smith
It was. Obviously, the proposals that come out of this boundary review will look different because of the 650 figure. The tight 5% quota, however, still gives the commissioners a great deal of trouble in trying to keep those communities together, to ensure that people can believe that the constituency they are in represents a community.
Christian Matheson
My hon. Friend will recall that two academics in the evidence sessions suggested that the problems in drawing up the constituencies—linking the constituency to reflect its communities—were as much, if not more, because of the tight 5% limit as because of the reduction by 50 seats.
Cat Smith
His apology is very much accepted, but my hon. Friend draws me back to the point that I was hoping to make. From the evidence that we heard, experts such as David Rossiter and Charles Pattie agreed that the 5% rule caused significant disruption to community boundaries. Indeed, they concluded that the substantial disruption on the back of the constituencies to be brought in by the sixth review is not entirely due to the reduction in the number of MPs. Their report shows in detail that disruption was caused by the introduction of this new form of national quota with a 5% tolerance.
In addition, many members of the Committee have referred to the Council of Europe Venice Commission “Code of Good Practice in Electoral Matters”, which states that good practice is to allow a standard permissible tolerance from the electoral quota of 10%. Internationally, a larger quota is viewed as promoting best practice to secure fair representation. This code also recommends that boundaries are drawn without detriment to national minorities, but the Government’s restrictive quota could have serious consequences for national minorities in this country. Councillor Dick Cole from Cornwall stated in his written evidence:
“The UK Government has recognised the Cornish as a national minority. This alone should lead MPs to ensure that the new legislation includes a clause…to protect Cornish territoriality.”
We do not have an amendment tabled to do that, but a larger quota allows flexibility for English commissioners to ensure that their proposals respect Cornish identity. Places such as Cornwall might then be able to identify with their seat, instead of the ludicrous Devonwall seat proposal of the previous review, which was met with much ridicule in the Cornish community and, I suspect, in Devon.
That is not just an issue for the Cornish. The UK Government recognise the Scottish, Welsh and Irish alongside the Cornish people as national minorities under the Council of Europe framework convention for the protection of national minorities, which the UK signed in 1985. The act of respecting those minorities will be made all the more difficult by a restrictive 5% quota, which could prevent the boundary commission from being able to keep those communities together. My Welsh colleagues feel very strongly that Welsh-speaking communities ought to be held together, and this would be made easier by having the larger flexibility for the commissioners.
We recognise the need for constituencies to be as broadly equal as possible, but anyone who claims that they truly believe that all constituencies should be equal means that every single constituency must be exactly the same size. I do not believe that anyone in Committee believes that, not least because this morning we had unanimous support for the protection of Ynys Môn, which will come in with a much smaller population than many other constituencies.
The evidence is strong: having wider electoral tolerance will create constituencies that are more representative of the communities that they seek to represent. A move from a 5% variance to about a 7.5% variance is a difference worth about 2,000 electors per constituency. That is a reasonable compromise to ensure that communities are kept together and that constituencies are as broadly equal as possible.
Alec Shelbrooke
I thank the hon. Lady for her remarks on her new clause.
Let me start by being controversial: I believe that the plus or minus 5% should be seen as a matter of last resort, and that the boundary commission should try to do everything in its power to be bang on the money in the middle. Let me develop that argument, and I am willing to take interventions on it.
These figures are not correct, because I have not messed around with the numbers. I am using them just as illustrations. If we take that figure to be 72,165—that is not the exact figure, but I am using it for illustrative purposes—in less than 600 seats, that figure would have been 78,198, of which another 5% would be 3,909 electors. Five per cent. of 72,165 is 3,609, whereas another 7.5% of 72,165 is 5,413. I make those illustrative points because the difference between the 5% on 600 seats and the 7.5% on 650 seats is 1,500 electors more. The difference between 5% and 7.5% on the 650 seats is roughly 1,800 voters. I wanted to lay that out at the start; please do not talk about the inaccuracy of the figures because I know that they are inaccurate, but they are in the ball park.
The Bill provides for the boundaries to be reviewed and set every eight years. We know that there are several cycles going on, with local government reviews, polling district reviews and ward reviews. As my right hon. Friend the Member for—I have already forgotten her constituency.
Alec Shelbrooke
I was going to say Billericay, but I think that is your constituency, Sir David, or was at some point—I am losing my thread. My right hon. Friend the Member for Basingstoke has on several occasions drawn our attention to the planned housebuilding population changes that we all know are going to happen in constituencies. The plus 5% and plus 7.5% variances are open to interpretation about what they actually mean. Are we using them as a starting point, with constituencies at the absolute minimum or maximum to start with, knowing that within a certain time, they are going to be out of the equation?
In Wetherby, which is one part of my constituency, 800 houses are being built, and more are being built further down—a considerable number of houses. Some 5,000 are due to be built in the Leeds East constituency, which neighbours mine. The hon. Member for Lancaster and Fleetwood mentioned North Yorkshire as a council that would not have to cross county boundaries if we went to a 7.5% tolerance. Some 10,000 houses are due to go in just on the boundary with my constituency—that is in just one small part of North Yorkshire—so we know that there will be a large shift in populations in a relatively short period, and certainly in that eight-year window.
Mr Bellringer said in his oral evidence—I think to a certain extent the Committee accepted his argument—that we have to draw the line at some point, so we cannot use in the figures new housing and so on. He was talking about potential ward boundaries; the point being that you have to draw the line with ward boundaries that have already been drawn, and not those that might be drawn.
Over the eight years, we will see considerable change in population in constituencies. Indeed, the driving force behind a lot of the Committee’s conversation has been that the data will be almost a quarter of a century out of date by the next election. That was always going to mean a significant movement in constituency boundaries because of the amount of time that has passed. Should the boundary commission be trying to construct seats within the plus 5% or minus 5% tolerance when, maybe with a year, that seat could be bigger than plus 5% or smaller than minus 5%?
I am not saying that we should change the Bill, but in my view, the boundary commission should try to be bang on the money at around 72,000 or 73,000, depending on the final figures. Surely, if we want a balanced electorate, we should look at how we can make that work over the cycle, so that when large housing developments are built, we tinker and make minor changes in an area every eight years, rather than the huge changes that we are making now.
My constituency has 82,000 electors and Leeds East has 66,000. Those are roundabout figures that vary quite a lot, and 10,000 houses will be built during the next five years. By definition, there will have to be a major change in eight years’ time. If we have already bumped right up to the 5% window when forming the initial boundary for the 2024 election, we are talking about elections after 2032. I cannot remember the exact phrase in the Bill regarding when the next review would come into effect. It could be 15 years from now before the next set of figures come in. There would be a lot of time in which there could be huge variation.
The Chair
Mr Spellar. I do apologise. Just to explain: speeches should alternate between the sides of the Committee, and I was so enthralled by the speech of the right hon. Member for Elmet and Rothwell that I had not noticed Opposition Members.
John Spellar
Thank you, Sir David. I am sure that like me you were trying to cut your way through all the contradictions and inconsistencies that were in the right hon. Gentleman’s contribution. Many of the points had considerable value, except that they were not consistent. They were not even consistent with this morning’s business. We were talking about being as close as we can be—except, of course, when the seat of Ynys Môn has been won for the Conservative party. I never noticed such interest when it was a battle between Welsh nationalists and Labour for that constituency. An exception, of course, is the Isle of Wight. It is perfectly possible to visit it by ferry, and MPs can go back and forth to it. We need to get as close as possible and we can split wards, and everything else, except of course when it comes to the Isle of Wight, which, on the basis of previous electoral trends—okay, it did go Lib Dem at one stage—is probably going to leave with two Conservative seats.
Then the right hon. Member for Elmet and Rothwell talked about taking account—which, of course, the boundary commission cannot do—of future building development. I think it is appropriate to be able to look forward. However, with a widened area of discretion, constituency A would be able to say, “We will build fairly close to the line.” Constituency B might be a bit smaller, because of the reasonable expectation, as long as builders do not sit on the land, that there would be a large number of additional people. Of course, it could not know how many of those would be eligible for parliamentary representation, because in many areas the size of the population does not necessarily match the size of the electoral register, because of the number of people who would not be eligible to be on it.
Alec Shelbrooke
On the point about house building going in, it goes back to the evidence that the boundary commission draws the line at that particular moment; but, again, if it is known that it is coming in, at the moment nothing stops that plus 5% being right up at the limits. Even though building the housing is in a city council’s plans, it will, within a year, almost immediately go over the limit.
John Spellar
That is rather my point—exactly. With a wider area of appreciation, it is possible to take account of that. It becomes much more difficult the narrower it is. It also comes down to the size of the building blocks. I think the right hon. Gentleman mentioned that some of his wards are in Leeds and some are in the country. For those MPs who represent rural areas or small towns the wards are quite often 1,000, 1,500 or 2,000. In most of the metropolitan areas they are in the 8,000 to 10,000 mark. In certain areas—not Birmingham, any more, since the change in the boundaries and all-up elections—including in Leeds, for example, my under- standing is that the number is somewhere around 16,000 to 19,000. That makes, again, for a sizeable building block.
There is, frankly—and with all due respect to our colleague the hon. Member for Glasgow East—no point talking about Scottish wards, because they are much larger, being based on a single transferable vote system, If, heaven forbid, Conservative Members now seek to move towards STV in the United Kingdom, that will be another issue entirely. However, there is not the same identity of ward members as we have when we must have much wider wards. The idea is to keep, as far as possible, structural organisation for a ward, although there may need to be some minor exceptions. The boundary commission initially crossed borough boundaries as an exception, to deal with problems in London, as I recall. Now, it seems to almost totally disregard such boundaries. That is one reason why the Labour party, unsuccessfully, still wanted to allow Parliament to act as a constraint on the self-fulfilling activities of the boundary commission.
It is enormously important to maintain some sort of coherence and identity. It is not just constituencies that should have geographic and community coherence, but wards as well. There should not be gerrymander-style wards, similar to some American constituencies, which get close to having exact mathematic equivalence but end up being utterly extraordinary shapes and sizes. That is why we should not take note of the Organisation for Security and Co-operation in Europe recommendation to look at size of population, as the United States does, rather than electoral registers. The United States bases its wards on census figures, not electoral registration. In some areas, authorities might be encouraged if they had to focus on electoral registration rather than registration suppression, as happens in a number of states, whipped on by Donald Trump.
For that reason, one probably has to have slight, and probably unjustified and unworthy, suspicions, about the vehemence with which the argument for 5% is being mounted by Government Members. We have been told, both by the Conservative party witness and by Members, that the OSCE report firmly says that the total variation should be 10%—in other words, 5% on either side. They prayed that in aid as justification for their case, but that is not what the OSCE says in its recommendation. It clearly states:
“The maximum admissible departure from the distribution criterion…should seldom exceed 10% and never 15%, except”—
it even says this—
“in really exceptional circumstances”.
There are practical reasons in favour of the proposal. We need to ensure the maintenance of communities and prevent considerable inconvenience similar to that experienced as a result of the previous boundary changes. We have heard evidence that 650 seats may or may not make it easier, but these very tight margins make it more difficult for the boundary commission, parliamentarians and, most importantly, the electorate.
Bim Afolami (Hitchin and Harpenden) (Con)
I listened with interest to the right hon. Member for Warley and to my right hon. Friend the Member for Elmet and Rothwell. I want to make a couple of points.
Bearing in mind that my party is keen on approving of Democratic Presidents in the US these days, one of my political heroes has always been Lyndon Baines Johnson. When asked about Gerald Ford, who later became President after Nixon’s resignation, LBJ said that he was “so dumb he can’t even pee and chew gum at the same time.” The intention of keeping the 5%, while maintaining relationships between communities within a constituency, is an example of how this Bill and this boundary commission, which I trust and respect, can and will be able to pee and chew gum at the same time.
I found the speech by the right hon. Member for Warley strange as he was, in effect, making the argument for what we have now, which is a wide appreciation of the number, so as to make it easier, so he says, for communities to stay together. I understand that argument. It is not a wholly illegitimate one, but if we take that view and do not trust the boundary commission to get this right, over time—probably quite quickly, bearing in mind the speed of population movements these days—we will get to the same position we are in now. I think there is broad agreement across the House and this Committee that we should take this opportunity to make a change to this system, given that these boundaries have been out of date for 20 years or so. If we are to do so, it is very important that we have a tight margin of appreciation so we can set the dial to make sure every vote counts as equally as possible.
John Spellar
Would the hon. Gentleman consider the possibility that it is because we have been through a couple of boundary commission recommendations, and found how inadequate and badly based many of them are, that we distrust them?
Bim Afolami
I was about to agree with the right hon. Gentleman. However, the point of our system is that in response to arguments, the boundary commission changes what it has proposed. Members can correct me if I am wrong, but I think that during either the 2013 review or the 2018 one—as we all know, those reviews were abandoned because the House failed to approve them—almost 50% of the changes that were made were changed in response to submissions, both from Members who were in the House at the time and from other interested parties, including members of the public.
I have no doubt that the boundary commission will make mistakes, but I trust the ingenuity of those people who will be able to challenge it: not just Members, but political parties, members of the public and random geeks who do this sort of thing for fun. I trust that the boundary commission will listen to reasonable representations—particularly those regarding local ties and linguistic points, which the hon. Member for Ceredigion spoke about earlier—and that we can get this right. We need to get the margin of appreciation as tight as possible so that the votes of all members of the public in this country can count equally. That is a very important principle, and one that I support.
David Linden (Glasgow East) (SNP)
I am listening very closely to the hon. Gentleman. The Committee has talked at great length about the importance of voters having an equal say. Does he accept, however, that until people in this House are willing to be grown up enough to address the inadequacies of the first-past-the-post system, we are—I do not want to say “unable to pee and chew gum”—putting our effort in the wrong place? Quite rightly, we are saying that we want to have equal voting in constituencies, but we are unwilling to talk about the inadequacies of first past the post.
Bim Afolami
At the risk of straying from the measures covered by this new clause, we can have that debate. I happen to support the first-past-the-post system, but I understand that there are very good reasons for not doing so. However, that is not the place of this Bill. If people wanted another referendum on the voting system, I think first past the post would win, as it did several years ago, but I am perfectly happy to have that debate.
In relation to the point made by the hon. Member for Glasgow East about the inadequacies of first past the post, those who do not like that system need to accept that if one is going to respect local ties and local communities and regard them as important, one cannot at the same time support moving to a system that involves much bigger regions, such as a single transferable vote system, or proportional representation generally. That would negate the original point. There are a lot of things that people say they like about the first-past-the-post system. I am not saying that they like every aspect. For example, there are people in my constituency who vote Green, and it is unlikely that the Greens would ever win in my constituency—although, of course, strange things happen in politics. Those who vote Green might say, “I never get a chance for my vote to count.” I appreciate that, but one aspect that people do like about the first-past-the-post system is the fact that community ties are respected and they feel that their Member of Parliament to some degree represents what they feel their community to be like.
We have talked about the difficulties of this. Of course the boundary commission gets it wrong sometimes, but it is up to us, members of the public, political parties and the geeks who do this stuff for fun to try to ensure that the constituencies make sense, because that, I think, is the core of the legitimacy of the first-past-the-post system. And if—this, I suppose, is a warning to the Government or, indeed, anybody else—this whole process were mismanaged and the boundary commission ended up not listening to members of the public, constituencies, Members of Parliament and so on and not making sure that the constituencies did pee and chew gum at the same time, we would get delegitimisation of the first-past-the-post system, because people would not be feeling that they would be voting for a particular Member who represented their community. Therefore I think that it is a point well made.
Clive Efford (Eltham) (Lab)
I support the new clause, tabled by my hon. Friend the Member for Lancaster and Fleetwood. I think that we need to go back and listen to some of the arguments that we have heard in this Committee before, but also some of the evidence that we have taken. People have highlighted the problems with 5% and the rigid use of 5%. The hon. Member for Hitchin and Harpenden, who just spoke, really made an argument in favour of more flexibility for the boundary commission, because he was saying, “Let’s trust the boundary commission. Let’s set the parameters and let it get on with the job.”
What the boundary commission clearly said in evidence to us was this. Mr Bellringer, when asked about tolerance of 5% plus or minus, said:
“It is something that we always used to be able to do in the past and did do on occasion. Prior to 2011, there was not this hard maximum and minimum, but we would still be aiming to keep constituencies within a broad range. Occasionally we would breach that if we needed to, to provide a better holistic solution.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 17, Q30.]
The boundary commission was clearly saying to us that it tried to keep within or close to the average, but on the rare occasions on which the local circumstances required this, it would use more flexibility. The argument from the boundary commission is clearly that it would like that flexibility in order to do a good job, and I think we should listen to it.
We have had experience of the 5%. We have just been through two reviews, and the complications and difficulties that the 5% created have given us the opportunity to have experience of that without having to implement it, fortunately, because Parliament saw reason. We have the opportunity now to correct that flaw in the process and increase the figure. I would suggest 10%, as the OSCE report suggests, but my hon. Friend the Member for Lancaster and Fleetwood has found a different solution to the problem.
We also heard from Dr Rossiter, who has investigated this issue. He talks about the situation where these tight tolerances force the boundary commission to go over local authority boundaries, and he respects the difficulties that that creates for Members of Parliament when representing different local authorities. He also made the point that the discretion of the boundary commission enables it to avoid those situations when putting forward proposals. We thus have evidence from an expert that such difficulties may be forced on the boundary commission the tighter we make the plus or minus above the average.
Dr Rossiter went on to say:
“I have noticed, when we have been looking at this, the significant help that increasing that tolerance by very small amounts will provide. As soon as you go from 5% to 6%, you have a big payback from going up by that one percentage point. That payback increases to around 8%, which is why we came to the conclusion in our previous report that a figure of 8% would be much more helpful.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 140, Q269.]
My hon. Friend’s proposal is 7.5%, which takes us close to the recommendation. That recommendation is based on expert review of the process of creating boundaries and its impact on local communities.
Returning to a point that I made in a previous debate, I firmly believe that we represent communities as much as numbers of people. Obviously, that has to be met within a certain tolerance. We cannot have a situation in which there is one enormous constituency of more than 100,000 people and one such as mine that is below the average. I also entirely accept that we cannot continue with constituencies that are 20 years out of date, which has led to some of the fluctuations in numbers.
Alec Shelbrooke
The hon. Gentleman said, I think, that he would be happy to go to 10% or 15% on either side. At 20% or 30% difference, these boundaries work, so there would be no need to change them within his preferred tolerances every 20 years.
Clive Efford
I am not sure that that is correct. We have examples of differences in constituency numbers that go well beyond 10%. I would not go beyond 10%, but I accept the 7.5% that my hon. Friend the Members for Lancaster and Fleetwood is putting forward. That is an acceptable figure that would give the boundary commission the flexibility it needs.
We have all experienced elections, in various numbers. I am on my ninth general election now. I do not want to put years on you, Sir David, but you have been through many more. It is clear that sections of our constituencies vote in similar patterns. I would say that that is because there is a commonality about the experience of those communities. When we start to subdivide those communities, their ability to affect an election and gain representation through their vote is diminished. That eats away at the root of the democratic process.
Those who wrongly focus virtually on numbers alone are in danger of undermining that part of the democratic process. More emphasis needs to be placed on location, community and all the common characteristics that make a community, over and above the numbers. However, I accept that there has to be a limit. I would say that my hon. Friend’s recommendation is about right.
Alec Shelbrooke
I agree with the hon. Gentleman about the types of community, and Mr Bellringer has given evidence that wards generally reflect communities in an area, and that to split them therefore risks splitting local ties. However, I think the argument falls down around extending the parameters and not splitting wards. We have seen in the past that in order to stay within wards, and to get the constituency to fit within a number, some very strange constituencies get built that do not represent those communities. It comes back to the question: is it about the plus or minus figure, or is it about going sub-ward level to keep communities together, as wards are described as doing? If wards are described as doing that, why would we then bunch a lot of different, disparate wards together to make one constituency? Surely they should be the same.
Clive Efford
We are talking about plus or minus 7.5%. I agree with the hon. Gentleman about the issue of wards, but Sir David pulled me up because it is not within the scope of this debate. However, I agree that we should look at sub-ward level, particularly where it might avoid having to create a constituency with an orphan ward or community—one single ward coming in from a neighbouring local authority area. If that can be avoided that is very desirable. Again, that would go back to my point that that is why we need flexibility within the boundary commission. We also need more co-operation with local electoral registration officers who have numbers down to street level, so they could clearly do that.
However, I take the point made by the right hon. Gentleman—or the point that he from the Electoral Commission—that where that happens it has to be a community. It cannot just be a few streets from a neighbouring area that does not really relate to the rest of the constituency. It has to be something that it makes sense to take down to sub-ward level. We do not need to worry about polling districts, because we have heard from the Electoral Commission that local authorities carry out a review of polling districts immediately after parliamentary boundary reviews where necessary. Therefore, we do not need to worry about the parliamentary constituency boundary commission creating new areas at a sub-ward level if it avoids other disruption such as going out across other local government boundary areas.
To conclude, we need to provide this degree of flexibility for the boundary commission, which has made a case that that flexibility would help it. We have had expert advice that a tolerance level around 8% is most desirable; and that we get payback from each percentage point we go up from the rigid 5%, which begins to taper off if we go above 8%. I think my hon. Friend has got it right and I urge the Government to accept the amendment.
Chris Clarkson (Heywood and Middleton) (Con)
The hon. Member for Eltham said that Mr Bellringer indicated that the boundary commission tries to work as close to the quota as possible, and only varies where there is a good reason. I can only speak from the evidence I recall, which is mostly from the north-west. Our smallest constituency is Wirral West, which is just below 6,000 and was drawn at that size to try to avoid a cross-Mersey seat between the Wirral and Liverpool. The largest is 95,000 in Manchester Central, which was drawn very close to that size at the time because it was expected to depopulate. The commission does not always stay as close to the quota as possible. It sometimes take some very odd logical steps to try and make seats seem cohesive.
Clive Efford
I accept the hon. Gentleman’s point, because that is exactly what Mr Bellringer said. He said that as a general rule the commission would try to get as close to the average as possible, but in exceptional circumstances it would try to provide a better holistic solution. The hon. Gentleman is absolutely right, but that is not the norm.
Chris Clarkson
In which case, I invite the hon. Gentleman to look at the 75 seats in the north-west and see how many of them are close to quota, even when originally drawn. Very few is the answer. As a thought experiment I decided to see what would happen if we applied the 2019 electoral figures, which are the most up- to-date ones we have, to the 5%, 7.5% and 10% quotas. As a sample, I took all the seats represented by Conservative Members. Only one seat falls within the 5% quota, which is the seat represented by my hon. Friend for Hitchin and Harpenden. If we extend to 7.5%, we still have only one within quota—again, the seat represented by my hon. Friend for Hitchin and Harpenden. If we get to 10%, two of us—my right hon. Friend the Member for Basingstoke and me—are still over quota.
Looking at the population drift from these seats, it is not that large over a number of years. It is simply that the more the quota is extended simply to try to reduce the extent of change, the more the seats end up disproportionately large. When starting with a 5% quota variant, the maximum difference between the smallest and largest seats is 7,260. That rises to 10,912 on 10%; then 14,551 on 10%; then 21,826 voters based on the OCSE of a maximum of 15%. It is never more than 15%. The reality is that we will see population change in the seats that will be drawn, which is a natural consequence of some areas depopulating and other areas increasing in population. Drawing the quotas as closely as possible to the mean is a way of ensuring that when we review the situation in eight years’ time, the variation will not be so severe that radical change will be needed. Obviously, radical change will be required in this review because the information is 20 years out of date. We should aim to get the electorate as close as possible to that mean now, so that in the future we are not having to radically redraw the map every time we come to this exercise.
Christian Matheson
I speak in support of new clause 2, which I tabled with my hon. Friend the Member for Lancaster and Fleetwood. I have really enjoyed listening to the contributions to the debate, but I am concerned about the lack of consistency expressed by Government Members. That is partly in relation to the clause, but also in relation to the clause as it reflects other parts of the Bill. I will try not to stray too far from the clause, and I am sure, Sir David, that you will pull me back if I do.
The right hon. Member for Elmet and Rothwell—who, as always, makes me stop and think—talked about the boundary commission getting it right first time. I suspect that he meant in the first set of proposals as opposed to the former ones. One of the problems is that we cannot always trust the boundary commission to get it right first time. Frankly, there are occasions when it does not get it right the second time. That is why we opposed automaticity in another part of the Bill.
I understand what the right hon. Gentleman is saying, but the lack of absolute confidence—we do have confidence in the boundary commission—might have been expressed in another part of the considerations. The hon. Member for Heywood and Middleton discussed disparities in our own region, and about his seat and that of the right hon. Member for Basingstoke who, I think, has described her seat as being a small market town that has grown and grown over the years. She might wish to correct me. These changes do happen, and it is not simply that the boundary commission chooses to draw much bigger seats. Growth does happen, and for that reason it is projected that south-east England is likely to get extra seats as a result of population shifts.
The hon. Member for Hitchin and Harpenden—I must get it correct—said that the situation was not what we have now, but the new clause does not propose the situation we have now—it is not proposing 10% either way. I listened to my hon. Friend the Member for Eltham suggesting that we have 10%, and my right hon. Friend the Member for Warley suggesting that it is perfectly legitimate to propose that within the OSCE guidelines. However, the new clause proposes a balance between that very tight adherence to the variance of 5% and the need for community interest.
I listened to the debate at Second Reading, and the right hon. Member for Basingstoke, and the hon. Members for Newbury and for West Bromwich West might have mentioned the importance of reflecting community interests. We have all spoken on that subject, and the hon. Member for Hitchin and Harpenden discussed that in a question on first past the post, and spoke about maintaining the importance of community. Many Committee members have mentioned the importance of community, but the lack of consistency comes up when we reject all those arguments in favour of tight adherence. Somewhere, we have to strike a balance.
On this side of the Committee, as my hon. Friend the Member for Lancaster and Fleetwood said, we have accepted the Government’s arguments that we must have much more equally sized constituencies. We are asking Government Members to accept, as we strive to achieve that, that the guidance to boundary commissions should say that those community ties—which all other hon. Members have said are important—should be taken into account, so that they get it right first or second time. In this Bill, we do not have the opportunity to call them back if they do not get it right.
This new clause provides balance and a safety valve, as we have discussed regarding automaticity, to ensure that community interests and ties are taken into account. It achieves a tighter tolerance around the average, so that it achieves something of the Government’s aim—which is also our aim—to secure more equalised seats, but not going so far that it completely wipes out the community interest. Across the Committee, hon. Members have talked about that. I will therefore support my hon. Friend the Member for Lancaster and Fleetwood in the vote.
Chloe Smith
What a good debate we have had on this part of the Bill. I think we all knew this would be one of the main dividing lines in the Committee. I am pleased we have been able to air these arguments and discuss what they mean for the Bill and, crucially, for real people—to whom we should anchor our discussion.
As we all know, we are looking at the electoral quota followed by what is stipulated in the existing legislation, namely, that constituencies subject to a small number of exceptions must be between 95% and 105% of that electoral quota. That is the 10% point range. As we know, because we have looked at it comprehensively in Committee, the boundary commissions may then take other factors into account, which are subject to the overriding principle of equality in constituency size.
I do not want to detain the Committee on things we have gone over, but I will underline how far adrift the UK’s current constituencies are from that principle of equality. There are some very clear examples in England. Milton Keynes South clocks in at 97,000; Newcastle-Upon-Tyne Central clocks in at 54,000. That is not fair. In Wales, Cardiff South and Penarth comes in at 80,000 constituents, whereas only 43,000 electors get to have their say in Arfon. That is not fair. The Government are committed to ensuring greater fairness by updating parliamentary constituencies to ensure that across the UK votes have the same weight. That is what we care about. That is what we are delivering. That is the right thing to do.
I do not agree with the new clause tabled by the hon. Members for Lancaster and Fleetwood and for City of Chester. I want to make a point about the difference between theory and practice. It is easy for us to bandy about figures such as 5% and 7.5%, which seem theoretical. I pay tribute to the mathematical minds that we have in this Committee. My hon. Friend the Member for Heywood and Middleton is one of the finest, but there are others in the Committee who have a great facility with numbers and have really helped us in these deliberations by looking at what those figures mean when we run them under different scenarios.
Let us remember what those numbers are for. We are talking about people. Those numbers relate to the number of voters. Even the word “electors” might seem a step away from normal people, whom we ought to think of here. These people want a chance of fairness in their democracy and for their voice to be heard as equally as the next person in the next seat or nation in the country. That is the core principle at stake. It is unfair to go far off that average point. It is undesirable and it is unworthy of the people we are trying to do this for. We want to get this right for people who have asked for a change to their parliamentary constituencies. They voted for this as a manifesto commitment of this Government; indeed, it was in all parties’ manifestos, as I understand it. That is an important commitment to deliver. We should take that very seriously.
Ultimately, we must take that step away from numbers towards a judgment. The Committee heard evidence from Professor Charles Pattie of the University of Sheffield, who has been studying elections and boundary reviews for more than 30 years, about which we joked with him at the time—he has spent a very long time doing that. His conclusion was that he would certainly endorse the notion of an equalisation rule as the top priority. Dr Alan Renwick took us further in that argument. On the exact percentage that is appropriate, he said that
“numbers around 5% to 10% seem to be fairly standard. There is no answer that an academic can give you as to what is the correct number, but something in that region is appropriate.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 23 June 2020; c. 74, Q141.]
Cat Smith
I thank the Committee for the exchange of views on the new clause. My hon. Friend the Member for Eltham made the point that OSCE recommended a quota variance of 10% either way as reasonable. My new clause, which would provide for a variance of 7.5%, is a compromise. It is reasonable; I am reaching out to the Government in the spirit of working together to come out of the boundary review with equalised constituencies. There is no doubt that they will be more equal, although obviously not bang-on equal, because that would mean that every constituency was of exactly the same size.
The new clause would mean a move towards the equality for which I know we all strive. I do not believe that the Electoral Commission should be drawing constituencies that bump up against the top or the bottom of the quota. Indeed, it should aim to make constituencies as close as possible to bang on the quota, but by doing that, we would not be keeping communities together, but dividing them up. By tabling my new clause with the 7.5% variance, I am striving to find a middle ground where we can balance community ties and constituencies of equal size.
It is not that we do not trust the boundary commission to get that right. It is quite the opposite: we are trying to give the boundary commission the framework to get it right. With a restriction of 5%, we make its job much harder, and we are much more likely to end up with constituencies that divide communities rather than uniting constituencies. The new clause is reasonable. I am striving to compromise—I would be very happy with 10%, but I recognise that the Government’s position is 5%. I aim to meet in the middle, and the new clause is a reasonable attempt to get all parties to recognise the balance between equalising constituencies and recognising that community ties are incredibly important in our one member, first-past-the-post electoral system.
Question put, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss amendment (a) to new clause 3, in line 8 leave out “35” and insert “40”.
Christian Matheson
I briefly seek the opinion of the Committee in discussion of the new clause. I hope that its aim is self-evident.
Most of us in Committee—my friends, the hon. Members for Glasgow East and for Ceredigion excluded—would consider themselves to be Unionists and proud to be British. I certainly would. My concern is that, as the Bill stands, the Union will be placed under unnecessary and increased strain, because the three smaller nations will take the larger hit to representation here at Westminster, in the House of Commons.
Historically, we heard in evidence that Wales and Scotland were over-represented in terms of population, but that there were historical reasons why that was the case. As devolution has progressed, we have had a Scottish Parliament and a Welsh Assembly, which on the passage of recent legislation became the Senedd—I look to the hon. Member for Ceredigion for approval of the pronunciation. Powers have passed to the Parliament and the Senedd so that more decisions are taken in Holyrood and on Cardiff Bay. Plenty of decisions, including large national decisions, however, still need to be taken at Westminster, on behalf not just of England but of the United Kingdom.
The important thing now—perhaps more than ever in the 20 or so years since we have had that level of devolution —is to maintain the strength of the Union and of the voices within that Union, in number as well as volume. The hon. Gentleman needs no support in terms of volume, but with number that importance is greater than ever.
I ask Members in the Conservative party—which, I think, is back to calling itself the Conservative and Unionist party—to share my concerns about all the hit being taken by the three non-English nations. We do not know the numbers yet, but we have a good idea and could make an assessment. Potentially, by transferring Welsh voices and Scottish voices to England—theoretically, Northern Irish voices too, although under the current numbers that does not look likely—we could destabilise not just the level of representation but the level of life experience from the nations.
What about areas that are more remote from Westminster? For example, and I have said this to the hon. Member for Ceredigion before, some areas of north Wales feel a little disconnected even from the Senedd on Cardiff Bay, and some areas of northern England and perhaps some in the far west, because of geographical distance, feel a little disconnected from Westminster. The more we disconnect from the national Parliament, the less legitimacy it has, and the less legitimacy it has, the less legitimacy the Union has, I fear. The unintended consequence—I genuinely believe that it is unintended—of the proposal in the Bill to transfer strength and numbers in this place from Wales, Scotland and Northern Ireland to England is that it will damage the Union, and damage the voices within the Union, and damage the experience that all the nations bring to this Parliament.
Mrs Miller
I follow the hon. Member’s argument, but surely he should reflect on the fact that Wales did not undergo the changes that it was due to undergo at the time of the creation of the Assembly, which has since become a Parliament. Those changes now have to take place, so that we can deliver the fairness that I know he and I want.
Christian Matheson
I absolutely agree, which is why, to develop my argument and to answer the right hon. Lady directly, the new clause in my name and that of my hon. Friend the Member for Lancaster and Fleetwood does not seek to maintain the current number of constituencies in Wales. We accept—as we accepted, incidentally, with regard to the previous new clause that we talked about—that there has to be some level of equalisation of constituencies.
That means that Wales and Scotland will lose seats, but in order to manage the different pressures between getting equalisation and maintaining the integrity and strength of the Union and the diverse voices within it, the new clause seeks to maintain a balance by specifying a number of constituencies that is fewer, for example, than Wales has now, but more than it would have if absolute equalisation took place. We are therefore addressing some of the points that the right hon. Lady mentioned, and trying to strike a balance that puts the interests of the Union at the heart of the Bill.
David Linden (Glasgow East) (SNP)
I am listening to the hon. Member very carefully. It will come as no surprise to the Committee that for me, as a Scottish nationalist, the strength and harmony of the Union is not something that generally keeps me awake at night; it often helps me to get to sleep. However, there is a point here. I do not want to conduct a debate with the right hon. Member for Basingstoke and the hon. Member for City of Chester, but it is very important for members of the Committee to reflect on the fact that this is not the first chipping away of the strength and harmony of the Union in this place.
The right hon. Lady talked about powers being devolved to Scotland and to Cardiff Bay, but let us not forget that this Conservative Government has introduced such things as English votes for English laws. That in itself has been a way of ensuring that Members of Parliament representing constituencies in England can have their say and has, in many respects, already opened up a second-class or second-tier Member of Parliament. I suggest to the hon. Gentleman that the issue the Committee is considering at the moment is not the first time that we have seen the integrity and harmony of the Union being chipped away, albeit inadvertently, by this Government.
Christian Matheson
The hon. Gentleman makes a salient point. I would suggest that we have English devolution, and if we were logical in these arguments, we would reduce the number of constituencies available in those parts of England where there has been devolution but not in the parts where there has not been. In my own area, for example, we do not have an elected mayor, whereas Greater Manchester—I see the hon. Member for Heywood and Middleton is present—does have an elected mayor.
Christian Matheson
Of course I will. I mentioned the hon. Gentleman, so I could hardly not give way to him.
Chris Clarkson
Following that logical stride, the devolution settlement across the UK has been entirely piecemeal. It is uneven across the United Kingdom and part of the current problem is a result of that. For example, there was a Welsh Assembly, so there was no reduction in the number of Welsh seats in 2005, whereas there was a reduction in the number of seats from 72 to 59 in Scotland. Does the hon. Gentleman accept that this situation is a natural consequence of the poorly executed devolution plan across the United Kingdom, and that now, in the interests of wider fairness, there should probably be a wider discussion about the devolution settlement for England, and each constituency in the United Kingdom should carry the same weight?
Also, does the hon. Gentleman accept as a cautionary tale that when Canada began setting quotas for certain provinces to have a set number of seats, it led to a massive expansion of the Parliament? They added 30 seats two elections ago, simply to try to keep pace with the fact that Quebec had to have a minimum number of seats.
Christian Matheson
To be clear, I was not proposing different sized quotas in different areas. I was just suggesting that that would be the logic of following devolution to the letter, and to the max, in terms of representation at this place. I agree with the hon. Gentleman that we have inconsistency in devolution in the UK. He should take it up, perhaps, with the Secretary of State for Housing, Communities and Local Government, or his successor. [Interruption.] I am not going to go there. The hon. Member for Glasgow East is naughty, Sir David, and knows he should not tempt me to go down that route.
There is another issue. Wales and Scotland in particular have different geography and different population levels from much of England, but not all of it. I am thinking of rural Wales and rural Northumbria, for example. Wales in particular is affected by geography—the sparsity of west Wales and areas such as Brecon and Radnor or Montgomeryshire, the geographic barriers represented by the Welsh valleys, the beautiful area of Snowdonia, where, again, I spent much of my childhood, coming over the border. There is also Ynys Môn. The Committee decided this morning that it should be protected, and I supported that and we have been calling for it for a long time. However, that has a knock-on effect for other constituencies, which must themselves deal with issues other than population, such as sparsity and geography, which need to be taken into account. Because the Committee has decided on a tight 5% tolerance, it is even harder to take into account those areas, and the issues are amplified because Wales is losing so many constituencies. The problems mount one on the other. Every decision that the Committee makes puts further strain on the Welsh area in particular and therefore on the integrity of the constituencies and their viability—and therefore on the Union, because of the way they are represented here.
The hon. Member for Ceredigion spoke this morning about a constituency measuring 97 miles from one side to the other. Whoever the Member for that constituency would be—I think that it would have happened under the 600 boundaries; if 50 constituencies were lost with a tight tolerance there might have to be a 97-mile constituency —they could not possibly do justice to such a huge expanse. It would not be fair to them or their constituents. We want equalisation as much as possible and we have had an argument today about constituents being properly served by having the same number of constituents, voters, electors or—the Minister was right—people living in the constituency. Similarly, they will also not be properly served if their Member of Parliament has to cover a constituency that is hundreds of miles wide.
It is the same for Scotland. I remind the Committee that it was previously proposed, as I believe I mentioned on Second Reading, that there should be a constituency that, if it were superimposed on England with one end at the Palace of Westminster, would have its top end at Nottingham. It would be impossible to serve that constituency or to give its residents any kind of service.
Ben Lake (Ceredigion) (PC)
On the point about the proposed constituency I referred to, over lunchtime I looked to see how it would fare under the new proposed quotas and the 5%. Taking the quota as around 72% we would save about 2 miles.
Christian Matheson
I am grateful to the hon. Gentleman—or in a sense I am not, because I should have liked an answer that put my mind at rest, which his did not. It shows the severity of the problems.
I shall deal with the new clause and then the amendment to it, which is a bit of a cheeky one, if the hon. Member for Ceredigion does not mind my saying so. The new clause tries to seek a balance between the point that the hon. Member for Ceredigion made about equalising constituencies, but at the same time not making the three other nations, other than England, take all of the hit, which in turn will damage the standing of this Parliament and the integrity of the Union. It will also recognise the unique geographical circumstances that Scotland and Wales have in terms of sparsity and geography, and will therefore support whoever is elected in these new constituencies to be able to do a decent job, and will support the residents to be properly represented. A constituency that is hundreds of miles wide is just as bad as a constituency with 100,000 residents. There has to be a balance. I suspect we will not be able to support the amendment tabled by the hon. Members for Glasgow East and for Ceredigion, which seeks to maintain the status quo.
We recognise that we cannot justify maintaining the status quo and therefore upsetting the apple cart of getting that equalisation of seats, but there has to be a balance somewhere to defend the Union, to make viable constituencies, and to be fair to the people who live in those extremely large constituencies. We have achieved that by meeting midway between the current situation and the situation that would happen with the Bill unamended.
Ben Lake
I thank the hon. Member for City of Chester for such a thought-provoking speech. I have thoroughly enjoyed our debate and I am perfectly willing to accept the charge of being a constitutional geek. We have debated a range of issues that really get to the heart of democracy and the questions of representation and what that entails. What the hon. Gentleman touched upon just now is something that we have not had an opportunity to discuss too much in Committee: the different challenges that an urban Member of Parliament might face compared with a Member of Parliament in a more rural constituency. I do not downplay the challenges of either; I simply say that there are different considerations and challenges. Although we might not be able to address some of those challenges in this Bill, I am sure the House authorities will have to do so in future. In the same way that it is unfair for a Member to try to represent a constituency of 100,000 electors, it is quite a behemoth task for a Member to do justice to a constituency that is more than 90 miles wide with a continuous population throughout it.
My point in relation to amendment (a) to new clause 3 —I am also willing to admit the charge of being a cheeky chappie in proposing the amendment—is purely to spark a bit of a debate around how we go about allocating seats between the four nations of the United Kingdom, and more specifically the appropriateness or otherwise of a single UK-wide electoral quota. I am here for the debate. I have my own set of views, which Members have probably already guessed, but the amendment is worth probing and it is worth having a discussion about some of the reasoning behind the single UK quota and, as my hon. Friend the Member for City of Chester also illustrated in some detail, the possible unintended consequences.
There has been a common theme in not only the evidence sessions but in Committee discussions about the question of Wales: the elephant in the room. We cannot deny the fact that Wales, in terms of registered electors, is over-represented in this place. If we take a single UK-wide electoral quota, there is no argument. What I am trying to probe is whether we should apply a single UK electoral quota across the four nations. Points have already been made about the differential nature of devolution across the UK. The hon. Member for Heywood and Middleton correctly pointed out the fact that it has been piecemeal. To quote a famous Labour colleague in Wales, devolution has very much been,
“a process, not an event”.
I am glad to get that on the record.
Something that was raised in the first evidence session stuck with me; it was presented by the representative of the Liberal Democrats. He used the line of “no reduction, no further devolution.” It made me think about the rationale behind approaching a single UK electoral quota. If I were a Unionist, I would be quite concerned and would stay up at night worrying about the potential consequences of the provisions in the Bill for future boundary reviews, given that they are based on registered electors, when demographics and population change.
The differences in population between England and Wales are illustrative of how things might transpire or are likely to transpire. Between 2001—not quite the precise time of the last register—and the mid-year estimate of 2018, the population of Wales grew by 200,000. That is not a great deal in the broader scheme of things, but it is still an increase in the electorate. I know the point is that population growth in Wales is slower than in other parts of the UK, and it is likely to remain the case that Wales will not grow as quickly as other areas. The consequence of that, should the measures in the Bill be implemented, is that we will be talking about yet a further reduction in the number of Welsh seats at the next boundary review. That is based on the projections provided by the Office for National Statistics—it is a very real likelihood. I hope things will change, but unless we see some drastic changes in demographic trends and migration within the UK, Wales is unlikely to catch up with the pace of population growth.
What does that leave us with? It leaves us with a situation in which the number of representatives who are sent from Wales to this place will initially reduce by about eight—that is the figure that is commonly agreed on for this review. A further one or two seats will then be lost at each subsequent review every eight years or so, such is the disparity in the population growth figures. I am suggesting that, in maintaining 40 Members of Parliament, we focus on what we do about the nations. How do we tackle this constitutional problem? We are a Union of four nations. Although I completely empathise with and understand the arguments made for maintaining electoral quality as far as possible, I am very conscious of the fact that, to all intents and purposes, we have a unicameral system of elected representation. Yes, the House of Lords could be a vehicle to try to top up the territorial representation side of things, but that is not an issue that is being discussed at the moment in any great detail.
David Linden
At the risk of having a bash-the-House-of-Lords session, which I am sure the right hon. Member for Elmet and Rothwell would enjoy, is there not a case for looking at the situation in the House of Lords—ironically—where certain demographics are protected? For example, there are 92 hereditary peers and 26 clerics. If we can protect particular demographics in the House of Lords, such as clerics and hereditary peers, why can we not do it for the four nations?
Ben Lake
The hon. Gentleman makes a good point, and my views on House of Lords reform are well known. Should we be serious about trying to make the best possible use of a second Chamber, many countries across the world have shown how a second Chamber can be used to top up geographical or territorial concerns. I would like to see the House of Lords reformed in that kind of direction.
I would also be quite happy to explore further whether we need to have some sort of an agreement at this point in time about the disparities between the number of seats for each of the four nations. It is already the case that should there be anything that agitates a lot of popular sentiment in England only, there is a very good chance that it will come to pass and that a majority decision in its favour will happen in this place. That is not necessarily the case for Wales or for the other two devolved nations of the United Kingdom. Although it is unlikely that we will manage to address the issue in the Bill, it is nevertheless something to which we need to give active consideration—I say that as somebody of a particular political persuasion.
The situation in Wales is perhaps slightly different from that in Northern Ireland. The devolution settlement is not as developed and deep as the one in Scotland, or indeed the one in Northern Ireland. There are certain important spheres of policy—policing and the judiciary, for example—that are reserved to Westminster and apply to Wales. That is not the case for my colleagues and friends from Scotland, so there are plenty of arguments why there is still a special case to be made for Wales within an unreformed Parliament. When I say “unreformed”, I mean the House of Lords continuing in its current constitutional position.
Clive Efford
I rise to speak in support of the new clause tabled by my hon. Friend the Member for City of Chester. This is about representation of communities and making sure that voices are heard through the democratic process. If we were to stick rigidly to the averages as calculated and impose them on Scotland and Wales, the significant loss of seats would make people in those nations wonder, “What is the point in the Westminster Parliament if our representation is diminished by such a degree—if we lose out in this process?” That is the way the public would see it, and that would undermine local representation.
I am prepared to accept that the situation in Scotland and Wales is significantly different from my situation in London and the situation in the rest of England. If we are to represent communities effectively, different numbers may apply, and it may be wrong to make a significant reduction in the number of constituencies, particularly at this time. A minimum threshold below which we cannot go is a sensible proposal. Those who say that they want to protect the Union—the integrity of England, Scotland, Wales and Northern Ireland—should think carefully about what the consequences of this process are, and the message that it sends to communities in Scotland and Wales.
The concept of making sure that we respect communities and local circumstances applies here, perhaps more than anywhere. During this debate, we have heard about constituencies that are geographically quite enormous compared with inner-city ones, in which people within a single constituency live more than 90 miles apart. When people are so distant, that cannot make for healthy democracy and healthy representation, so we have to accept some sort of limit on how large constituencies can be while still remaining a coherent, cohesive community that can be represented. I feel strongly about local representation, the link between a constituency MP and the communities they represent, which is something that Committee members on both sides of the House have referred to. We must give those MPs a racing chance of being able to represent their communities, so we cannot have constituencies that make that impossible.
I have an inner-city constituency, and although it is quite big compared with others, because there is lots of open space in it, I am able to go from one meeting to another; sometimes I do two or three meetings in an evening. That is nigh-on impossible for somebody with a constituency that is spread out over tens of miles—almost 90 miles. There has to be some sort of limitation on distance; we have to be realistic about that, whatever those who are fixed on applying mathematical formulas to this process say. There is an issue about democratic accountability and Members having strong ties to the community that they represent.
When it comes to the Bill’s impact on the number of Members of Parliament from Scotland and Wales, we have to step back and be realistic. If we want to maintain the Union, want people to value Westminster as the place where their laws are made, and want them to be well represented, there is a limit to how far we can go in cutting the number of MPs who come from Scotland and Wales to Westminster, so I support the new clause in the name of my hon. Friend the Member for City of Chester.
Shaun Bailey (West Bromwich West) (Con)
It is a pleasure to make my first contribution under your chairmanship, Sir David; I seem to have missed you during our sittings. I want to pick up on the eloquent contributions of the hon. Members for Ceredigion, for Eltham, and for City of Chester. We run the risk of viewing ourselves from within a silo in this place, as if we were the only part of the democratic structure, but in fact we do not operate in a silo. Back in the 1940s, when we started reviewing parliamentary boundaries, we probably were the most significant part of that democratic structure, but of course that has changed.
This links back to the point made about the devolution settlement. Over the past 20 years, electors have got a lot more sophisticated. The hon. Member for Eltham said that people need to understand where their laws are made. Yes, they do, but a lot of people’s laws are made not here, but in Holyrood or Cardiff Bay. From the interactions I have had, I know that our electors understand that division in where their laws are made, and how we operate within the structure. There is also the role of local authorities; during the pandemic, we have seen that, and the support that they provide. Speaking from local experience, people understand the difference between the role of their local authority, and my interaction as a Member of Parliament with that local authority.
Clive Efford
I am interested in the hon. Gentleman’s line of argument. Is he arguing that the role of Westminster is diminishing in Scotland, and that reducing the number of MPs from Scotland is justified? It seems a strange argument for the Conservative party to make.
Shaun Bailey
I am saying that we have to take a pragmatic approach to how we view our United Kingdom; as a Unionist, I would never say that the role that the hon. Gentleman speaks of is diminished. It would be remiss not to recognise that voters, particularly in the devolved nations, understand the differences I mentioned. We talk about reducing the number of constituencies in areas of the UK; in a way, we have to balance that with the democratic structures that now exist there.
David Linden
The hon. Gentleman makes a thoughtful argument, but I rather feel that he is trying to square a circle. I follow where he is going with his point on the different legislatures that are available. My constituents have a Member of the UK Parliament, a local councillor and a Member of the Scottish Parliament. The problem with his argument is that until fairly recently, they also had a Member of the European Parliament. We are leaving the European Union—certainly not a change that I approve of—and legislative powers are, by and large, coming back from Brussels to Westminster. Under the Bill, those legislative powers will remain in Westminster, and representation for people in Scotland, including in my constituency, is diminished as a result. Can he not see that he is trying to square a circle in respect of Europe’s legislative powers?
Shaun Bailey
I see the hon. Gentleman’s point. It is a difficult one because it is a good point, but with respect to the line that I am following, I think the scope of what he is saying is a slightly different debate. It is slightly out of the scope of the clause but I see his point and recognise it to a degree. However, as we move into a more—without panicking Front Benchers—quasi-federal system perhaps, there needs to be a wider recognition of how we deal with these quotas. If we look at other systems—take Australia for example—and the way they set quotas between state and federal level, they differentiate. That is just how it goes. It means that areas lose seats and that loss of power is there, but it is made up for by the fact there is a system underneath and they interact with each other. I follow the argument of the hon. Member for Ceredigion, but given where we are constitutionally—I do not want to turn this into a huge constitutional debate because we could do that all day—and I agree that we need to be as pragmatic as we can and review this going forward, I think there is a balance there now with the Senedd and with the Scottish Parliament. I will draw my comments to a close to allow my hon. Friend to talk.
Chloe Smith
It has been another very interesting debate. I am grateful to the hon. Members for Eltham, for the City of Chester and for Ceredigion and to my hon. Friend the Member for West Bromwich West for a thoughtful exposition of a much wider point—much wider than we could hope to do justice to in Committee. We have seen in the arguments, certainly on the Government side of the Committee, the desire to fix a much wider constitutional issue—namely, how England, Scotland, Wales and Northern Ireland should relate to each other. Every single one of the hon. Members who spoke knows that that issue is much larger than the Bill. They also know that it comprises the rest of my portfolio and I would be delighted to speak about it at any other time. Indeed, we will. There are many depths in that work that are acknowledged and being worked upon and about which I am sure we will have many fruitful discussions in the future. I want to do two things today. I want to say a little bit more about why the Bill is not the right place to do that and then I will talk specifically about the merits of the amendment.
The Bill is not the right place to deal with the entirety of the constitutional settlement because, very obviously, it provides for a mechanism for independent boundary reviews, and the constitutional settlement is so much larger than that. This boundary review is, indeed, only for the UK Parliament. The constitutional settlement is much wider. Hon. Members will have heard the Prime Minister’s speech today, in which he made a number of passionately pro-Unionist points. He reminds us that the interests of the citizens of the United Kingdom—their security, prosperity, welfare, and all the opportunities we want to come out of the pandemic—are much wider than what we have here today and that he is addressing them. He is seeking to do that and he has set out clearly what he intends to do. Naturally, and as the Minister of State for the Constitution and Devolution, I am in full-throated support of that, but that is not the subject matter today.
Let us focus a little more on what the Bill does. We all want the constituent nations of the United Kingdom to have a powerful voice. That should be the foundation for all of us in this discussion and I am sure it is. We all want those voices to be heard loud and clear. That is the fair way for the Union to function and to come together in the Parliament of the unitary state. Because that is the only fair way, the new clause does not work. I am afraid to say that it would put inequality and inaccuracy in the way of that Unionist proposition and the prosperity of our Union. If we set in legislation the thresholds proposed in the new clause and amendment (a), we would be cutting into the heart of the idea that votes should be equal, and that would damage the equality between the nations and individual people of the Union.
Christian Matheson
I am grateful to the Minister and all hon. Members for taking part in an illuminating and positive debate. I was particularly taken by the intervention the hon. Member for Glasgow East made on the hon. Member for West Bromwich West, whose response was honest and positive. I welcome that. The idea of the legislative load being passed back from the European Union yet not having the legislative representation to manage that was a serious and salient point. I hoped the hon. Member for Glasgow East might have made a contribution to further develop that point, but he chose not to.
Chloe Smith
To make a brief correction, which should not detain us further, that is untrue. Those powers are returning to Stormont, Holyrood and Cardiff Bay—quite rightly. If we are referring to common frameworks, I am sure that the hon. Gentleman and the hon. Member for Glasgow East will be intimately familiar with the detail. That is an incorrect representation.
Christian Matheson
I am intimately aware of that. I will take the Minister’s advice, because I do not think all of the responsibilities are coming back. Some will go back to the various different Parliaments; others will stay here in Westminster.
Christian Matheson
I do not want to take too long, but both interventions were correct. The point is that some powers will go straight to the devolved Assemblies and Parliaments, but others will remain here. We are where we are.
Let me deal with the Unionist point of view first. When England play football, rugby or cricket, I support England, but I am also British and I am proud to be so. I have a sense of identity that tells me I am British. I do worry that the Union will be weakened under the Bill, because people will feel, in the nations other than England, that their voices are being diminished. That bothers me.
The Minister is right: there is a broader constitutional issue here. We are not trying to fix the constitutional issue, but we are trying not to damage it further. I do not want this to become an English Parliament. The hon. Member for Glasgow East talks about English votes for English laws, which, let’s face it, is a hotch-potch even now. There is a danger that this becomes an English Parliament and is seen as an English Parliament in the nations that are not England. That is my concern.
David Linden
I am immensely grateful to the hon. Member for City of Chester for giving way. It is just interesting to note that the issue of English votes for English laws might have passed hon. Members by. That particular Standing Order has been suspended during the proceedings of the virtual Parliament. I will leave it to the Committee to ponder whether it might be a good idea to bring that back when virtual proceedings end. A lot of people, regardless of whether they are Unionists or nationalists, would think that English votes for English laws is a pretty silly policy in this place.
Christian Matheson
I had not noticed that. You learn something new every day in this Committee. I think the Minister was unfair to characterise this idea as we think we know better. It is not that; it is simply that we are proposing to do the process differently to bring in balance. That is something that I have talked about on this clause and other clauses, and that my hon. Friend the Member for Lancaster and Fleetwood has talked about. We are trying to find a balance between community and numbers and geography and numbers. It is difficult and we have different opinions on it, but it is a genuine attempt to create a balance between the different areas.
It is right that this House and Parliament give instructions to the boundary commissions to go away and do their jobs, and the new clause is about trying to make sure that those instructions are balanced. It was a helpful debate with positive contributions, for which I am grateful. In the light of that, it is not my intention or that of my hon. Friend the Member for Lancaster and Fleetwood to press the new clause to a vote, so I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 4
Definition of “electorate”
‘(1) The 1986 Act is amended as follows.
(2) In rule 9(2) of Schedule 2 to the 1986 Act, omit the words from “the version that is required” to the end and insert “the electoral register as on the date of the last General Election before the review date.”’—(Cat Smith.)
For the purposes of future reviews, this new clause would define the electorate as being those on the electoral register at the last General Election prior to the review.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
David Linden
I beg to move, That the clause be read a Second time.
I am acutely aware of the time and the willingness on the part of all hon. Members to try to get through the remainder of the new clauses in this sitting, so I will not seek to detain the Committee. I appreciate that some Committee members, including me, do not represent a constituency that totals 12,000 sq km, but my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) does.
New clause 5 seeks to initiate some thought in Government about the size of some of the proposed constituencies. In drafting the new clause, I was thinking specifically about the Highland North constituency in the last set of proposals by the Boundary Commission for Scotland. As Mr Martin of the Scottish National party set out during our evidence session, there is provision within the rules for a constituency up to that kind of size, but put simply, such constituencies are increasingly unmanageable. The clause, which is very much a probing amendment, seeks to spark a debate about the size of constituencies we expect Members to serve while providing an efficient service to their constituents. I found myself chuckling in the last debate at the thought of people being outraged at the idea of having a constituency that was only 90 miles long.
As I mentioned earlier, the largest constituency set out by the Boundary Commission for Scotland proposals was Highland North at 12,985 sq km. That is 16.66% or a sixth of Scotland, 65% of the size of Wales, 92% of the size of Northern Ireland, about the size of Yorkshire, 8.25 times the size of Greater London, five times the size of Luxembourg and larger than Cyprus and Luxembourg put together. Indeed, the three largest proposed constituencies, Highland North, Argyll, Bute and Lochaber, and Inverness and Skye, would cover 33,282 sq km.
To put that in context, those three constituencies would cover 42.7% of the area of Scotland, which is an area larger than Belgium. The two constituencies of Highland North and Argyll, Bute and Lochaber would cover an area larger than Slovenia. Those large constituencies would also include several island areas, which makes MP travel across constituencies even harder. My hon. Friend the Member for Argyll and Bute (Brendan O’Hara) already has five airports in his constituency.
So I have outlined, to some extent, the challenges faced by colleagues in Scotland, which is the motivation for new clause 5.
Chloe Smith
I will keep it brief. I acknowledge the points that the hon. Gentleman has made, and he made them very well and very eloquently. He is right to bring in the experience of, for example, Charles Kennedy. There is no shying away from the fact that there will be large constituencies in a place that has a more sparse population. We have to face up to these issues and to how we can design constituencies accurately.
Essentially, the new clause seeks to achieve an easement, by reducing the impact of a certain rule, and I will just quickly run through that rule. Rule 4 in the second schedule to the 1986 Act relates specifically to constituencies that are geographically very large, and is, in effect, relevant only to Scotland and to the highlands, in particular. It stipulates that if a constituency is over 12,000 sq km and has yet to reach an electorate that is within the permitted variance range of 95% to 105%, the Boundary Commission may propose a constituency that is below 95% in electoral terms. That gives extra flexibility to meet the challenge of very large constituencies. As I said, it is a matter of reality that this matter falls to the Boundary Commission for Scotland. Indeed, the history of this rule involved using the largest constituency at the time to try to set a rule or a cap, so it is all quite specific.
It is not necessary to amend the rule in the way the hon. Gentleman proposes, because it is so rarely used and because the range of constituencies that would approach largeness is so spread out that even his new clause would not make a great deal of difference. I will just explain why.
At the 2018 boundary review, albeit that it was on the basis of 600 seats, the Boundary Commission for Scotland proposed only one constituency; that is the constituency of Highland North, which the hon. Gentleman has argued in this Committee is already infamous. There was only one constituency that exceeded 12,000 sq km. In that case, the additional flexibility provided by rule 4 was not even needed, because the proposed electorate was within the tolerance range.
Although we must not prejudge the proposals of the next boundary review, lowering the threshold to 9,000 sq km might bring additional constituencies in, but it might not, because the previous review was, as I have said, on the basis of 600 seats, and even it brought in only two proposed constituencies that were between 9,000 and 12,000 sq km. Their names—I am going to get my commas and “ands” wrong here—were Highland Central and Argyll. Those are two constituencies, and their names will be in the record.
There is my argument in a nutshell. Because we are dealing with such outliers in terms of size—the square metreage, and not necessarily the population—an extension to the rule is not needed. The sub-outliers, if you like, are still so far down the line from the outlier that even the hon. Gentleman’s new clause would not make a great deal of difference. That is fundamentally my point against the new clause.
To come a little more generally to the themes we have seen in the rest of the Bill, a boundary review is a balancing act. We have seen this across several of the new clauses that we have spoken about this afternoon and several of the clauses in the Bill. We have to balance important but competing goals. On one hand, there is the premise of equality, which is extremely important. We have spoken all the way through about the fundamental idea that a vote in the Scottish highlands counts the same as one in the Brecon Beacons, which counts the same as one in the Somerset levels. We have heard witness after witness back up that idea. But on the other hand, we also have to reflect local community ties and respond to specific and varied circumstances.
In this particular case, it is not an easy balance to strike, but I draw the Committee’s attention to the real nature of this part of the graph and suggest that it is not necessary to make the change the hon. Gentleman suggests, because the protection is already there through the specific protected constituencies and through rule 4 as it currently exists, which protects very large highland constituencies.
David Linden
I am grateful. This issue genuinely plays on the mind of quite a lot of Members in Scotland, so I am grateful for the opportunity to bring it to this Bill Committee so that people can consider it. At this stage, I will not press the new clause, but I will be giving further thought to it when we come to remaining stages on the Floor of the House. I am convinced that the matter is at least on the Minister’s radar. The very fact that she has stood up and shown a degree of understanding of the challenges faced by Members in Scotland is a source of at least some comfort—but perhaps I will bring something back in the remaining stages. On that basis, I will withdraw the new clause for now, but I suspect that we might see it at a later stage of the Bill. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 7
Constituency Groupings
“(1) Rule 7 of Schedule 2 to the 1986 Act (Northern Ireland) is amended as below.
(2) In the heading for ‘Northern Ireland’ substitute ‘Constituency Groupings’.
(3) In rule 7(1) for ‘Northern Ireland’ substitute ‘any grouping of five or more constituencies being considered by a Boundary Commission”.
(4) In rule 7(1)(a)(i) for ‘Northern Ireland’ substitute ‘the area being considered’.
(5) In rule 7(1)(a)(ii) and rule 7(2) for ‘in Northern Ireland (determined by rule 8)’ substitute ‘being considered for the area’.
(6) In rule 7(1)(b) for ‘Boundary Commission for Northern Ireland’ substitute ‘relevant Boundary Commission’.
(7) In rule 7(2) for ‘the electorate of Northern Ireland’ substitute ‘the electorate of the area’.”—(David Linden.)
The current Rule 7 is a special rule for Northern Ireland which recognises that with the small number of constituencies allocated, there may be difficulties in using the UK Electoral Quota, which may vary considerably from the “Northern Ireland Quota”, calculated by dividing the Northern Ireland electorate by the number of constituencies allocated. This problem exists when drawing constituencies in any grouping involving a small number of seats. It is an arithmetical issue, not one connected with any special Northern Ireland considerations. This amendment therefore extends the potential application of the rule to any constituency grouping of five or more constituencies, with the same conditions as currently apply to the design of constituencies in Northern Ireland.
Brought up, and read the First time.
David Linden
I beg to move, That the clause be read a Second time.
I hope that Members’ heads have not been hurting too much in trying to understand this new clause, which gives a discretionary power in certain circumstances to all boundary commissions, when considering a grouping of constituencies, that currently applies only to the Boundary Commission for Northern Ireland when considering those constituencies as a whole.
Boundary commissions have always worked by grouping areas together and designing constituencies within those areas. For parliamentary reviews, areas will be formed by grouping local authorities. Sometimes the initial set of groupings does not work and other things are considered. The Boundary Commission for Scotland helpfully publishes all its minutes at the start of the initial consultation period and, indeed, makes available maps of its rejected proposals as well, so that people can see exactly how it has come to its conclusions.
Let us say that we are designing 10 constituencies in an area with an electorate roughly equal to the UK electoral quota multiplied by 10. We would be able to use the plus or minus 5% variation to its full throughout the area to design our 10 constituencies. A problem arises when the electorate of the 10 constituencies combined represents somewhere between 95% and 105% of the UK electoral quota multiplied by 10, because the scope for variation then becomes very limited, meaning that, to retain the grouping, constituencies will have to be designed with very little scope for numerical variation. That can often lead to what looks like logical groupings being abandoned unnecessarily.
The problem was recognised in Northern Ireland, which was allocated 16 and then 17 seats in the two reviews under the current legislation. Current rule 7 allows the use of a Northern Ireland quota in defined circumstances. The Northern Ireland quota is simply the number of electors in Northern Ireland divided by the number of constituencies allocated. Use of that quota means the full plus or minus 5% variation for constituencies is then effectively reinstated.
To pre-empt what the Minister might say, there was an obscure issue in Northern Ireland in the last review around the point at which the decision to apply the rule was made, which resulted in litigation. I stress that that was very much a procedural issue, which was not relevant to the essential utility of the rule. The problem in Northern Ireland was a numerical one. It is not one in special recognition of the politics there. The numerical problem applies throughout the United Kingdom when we group constituencies, as all boundary commissions do.
I therefore look forward to hearing the Minister’s position and her explanation of why what is good for Northern Ireland is not good for all the other boundary commissions when faced with the identical issue. On that basis, I will draw my remarks to a close and listen to what the Minister has to say on new clause 7.
Chloe Smith
Sir David, may I invite the hon. Gentleman to say what his amendment does?
David Linden
I am grateful to the Minister for that. Essentially, I am looking to give as much flexibility as possible to the boundary commissions. That is the idea behind looking at whether we can apply rule 7 to other parts of the United Kingdom. I hope that that gives the Minister a bit of a steer about what I am looking to do with new clause 7.
Chloe Smith
I will do my best. What is puzzling me is why it might be a grouping of five, but if the hon. Gentleman will allow me to speak generally, I can, or perhaps he would like to articulate why it is five.
David Linden
I am happy to allow the Minister to deliberate more generally and look into the numbering. This is a probing amendment.
Chloe Smith
Okay. I will give it my best shot. My understanding is that the hon. Gentleman is trying to extend the rule that works in Northern Ireland and to apply it to the whole of the UK by saying that we could take a grouping of five or more constituencies, whose combined electorate meets a certain mathematical criterion.
I have said it before and I will say it again: the Government are committed to delivering equal and updated constituencies for the UK. We can do that only if the rules set for the boundary commissions allow them to propose constituencies that are equal or as equal as possible. That loops back to many of the nuances and balances that we have spoken about throughout the Committee. I fear the new clause goes in the opposite direction and, in doing so, raises a couple of problems, which I will try to draw out.
Let me start with what rule 7 is for. It exists because of a specific issue arising in Northern Ireland. Of the four nations, it has the smallest discrete group of constituencies. At the beginning of a boundary review, as I referred to earlier, numbers of constituencies are allocated to each nation using the Sainte-Laguë method. As each nation must have a whole number of constituencies, there is inevitably either a rounding up or a rounding down at the moment. For Northern Ireland, that has been likely to mean—and will still be likely to mean—either a rounding up to 18 or a rounding down to 17. The effects of that can be quite significant when you have only a double-digit number like that.
Rule 7 first applies a mathematical formula to assess the significance of the rounding effects. If, as a result of the rounding down, the overall electorate in Northern Ireland is significantly more than might be expected, by taking the UK electoral quota and multiplying by 17—the number of Northern Ireland seats—then rule 7 may come into play if the Boundary Commission for Northern Ireland judges that is necessary in order for it to adequately perform a boundary review. In those circumstances, rule 7 then allows the Boundary Commission for Northern Ireland to apply a more generous electoral quota variance range, that range being ascertained through a second mathematical formula. I apologise for the level of detail, but I wanted to set out what rule 7 does before going any further.
David Linden
While I am tempted to try to give everyone on the Committee a migraine, I probably will not press the new clause to a vote, but I am glad for the opportunity to have this debate and to explore some of the issues.
I have heard Committee members talk often about equal votes and equal constituencies but, as I said in response to an hon. Member whose name and constituency escape me, we are perhaps having that debate in a silo, because we are having it without cognisance of the unfairness of the first-past-the-post system. The Minister just mentioned equal votes and equal constituencies, but look at the constituency of the right hon. Member for Knowsley (Sir George Howarth). He has the largest majority in the House. He took 80.8% of the vote and has a majority of 39,924. That is great for him. I suspect he goes to his count and watches his votes being weighed. It makes the point that if we are going to have a conversation about equal votes and equal constituencies, I do not know if we are starting at the wrong end.
Coming back to my new clause 7, it was an opportunity to try and kick a bit of debate about, but it is probably best not to do that at about ten to five in the evening, when we have already done five or six hours in Committee. I am glad we had that opportunity but I will not put the new clause to a vote. I will consider whether I want to go down that slippery slope when we come to the next stage of our proceedings, although I suspect the appetite for that will be fairly small.
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 8
Boundary Re-alignment
“(1) Where—
(a) existing parliamentary boundaries when originally recommended by the relevant Boundary Commission contained an element of alignment with a local authority area boundary; but
(b) as a consequence of a local authority area boundary review these boundaries have ceased to be aligned; and
(c) the number of registered electors affected by the local authority area boundary change was not more than 1,000;
the relevant Boundary Commission may submit a report recommending the re-alignment of the parliamentary constituencies affected to the new local authority area boundary.
(2) The procedure in Section 4 applies to orders following a recommendation under subsection (1), as it applies to orders following reports of the Boundary Commission under Section 3, with any necessary modifications.”—(David Linden.)
Local authority area reviews typically happen when a new housing development is built on an existing local authority boundary. The review might mean that a whole development is moved in to one authority, or other aligning changes. Without a parliamentary boundary change, this can mean a small number of electors from one local authority being in a constituency otherwise wholly within another local authority. This amendment gives a power to re-align parliamentary boundaries with the new local authority boundary where no more than 1,000 electors are affected. If there are more than 1,000 electors, then the boundary would be for consideration at the next periodical review. As the local area boundary would itself have been subject to local consultation, a further statutory public consultation in relation to the parliamentary boundary is not proposed. The relevant Boundary Commission could carry out such informal consultation as it considered necessary.
Brought up, and read the First time.
David Linden
I beg to move, That the clause be read a Second time.
This new clause is slightly easier to understand. It seeks to deal with a specific situation that arises when local authority areas are redrawn and relates not to wards but to other electoral divisions within those local authority areas. Members will see that I have listed a registered interest as the Member for Glasgow East, and I will explain why as I develop my speech.
Unlike wards, local authority areas are not periodically reviewed. The justification for a local authority area review is usually when new houses have been built over a local authority boundary, although there can be other triggers. For example, the construction of the Edinburgh bypass resulted in one farm moving from Edinburgh into West Lothian.
Sometimes areas are redrawn without any voters being affected. I understand that principal area boundary reviews elsewhere are similarly unusual and not conducted on a periodic basis. The local government boundary commission for Scotland has only carried out 10 local authority area reviews since we moved to unitary authorities in 1995. As luck would have it, two of those reviews, conducted in 2010 and 2019, affected my own constituency, and it is for that reason that I registered a specific interest in relation to this new clause.
Constituencies where there are a small number of electors in one local authority area present additional difficulties for returning officers in co-ordinating elections. They also cause issues in relation to representation. If a constituency is equally divided between two local authorities, the MP will be able to maintain a good working relationship between both sets of local authority officials and, importantly, so will their staff. If only a very small number of constituents are from one local authority, those relationships will not be established in the same way. I reflect on that particularly as someone who represents both Glasgow and North Lanarkshire.
The Parliamentary Voting System and Constituencies Act 2011, combined with the Fixed-term Parliaments Act 2011, anticipated a world where we would have elections every five years and boundaries reviewed before each election. I think some us probably wonder what on earth happened to that. With a model of the five-year elections and reviews every election in mind, the Parliamentary Voting System and Constituencies Act abolished the idea of interim reviews. In the past, interim reviews of UK parliamentary constituencies were a check on whether more minor changes should be made to constituencies between the major periodical reviews. With constituencies being reviewed before each election, that process essentially became unnecessary.
The Bill looks to having reviews every two Parliaments or so. We never know when the next general election will happen—with this Government, that is fairly clear as they are looking to repeal the Fixed-term Parliaments Act 2011. Therefore, that brings back on the agenda the need to be able to set out the consequences of local authority area reviews.
My Scottish Parliament colleagues will have their constituency boundaries revised in time for the elections next year because Boundaries Scotland, as it is being renamed, retains an ability to conduct interim reviews. The 300 electors affected by the last local government area review in my constituency will move into a different Scottish Parliament constituency in May ’21. The electors affected by the earlier review were already in their correct constituency. The new clause does not attempt to bring back interim reviews, but to ensure that in those rare instances where there has been a local authority boundary change that can be reflected in the UK Parliament constituency, as it can be in the Scottish Parliament constituency as a result of the powers exercised by Boundaries Scotland.
The new clause contains a tightly drawn power that can only be used where a limited number of electors are affected by an area review. I would be happy to discuss further with the Minister the appropriate number, but in practice most area reviews involve considerably fewer electors. I hope the Minister therefore appreciates that the new clause is confined to very specific circumstances and is not an attempt to reintroduce interim reviews, and that on that basis the Government will support it.
Chloe Smith
I appreciate the way that the hon. Member for Glasgow East has framed the new clause—that it is not quite the same as the old policy of interim reviews but is a new policy for our times. I appreciate the way he put that. I understand the arguments he makes, but I argue that the new clause is not needed, and I will begin by looking back at what the old policy of interim reviews actually did, just to give us that context.
As I understand it, the new clause would give a boundary commission discretion to submit a report in between boundary reviews that recommends the realignment of existing parliamentary constituencies with a local authority area boundary that has ceased to be aligned with those constituencies owing to a local authority boundary change. The hon. Gentleman has been careful to try to temper that discretion by saying that it should only apply to 1,000 electors and, in effect, try to tackle the problem of orphaned electors who perhaps find themselves in a neighbouring constituency to the one they had expected to belong to. I think that the effect of this change would remain quite close to that of interim reviews and, for comparison, I will set out what those used to do.
Before the Parliamentary Voting System and Constituencies Act 2011, the boundary commissions had discretion to carry out interim reviews of particular constituency boundaries. They could, for example, take into account intervening changes to local authority boundaries or to a number of registered electors that affecting the boundaries of existing parliamentary constituencies in a particular area. Provision for this was removed under the 2011 Act. It was thought unnecessary because, as the hon. Gentleman outlined, general reviews would then be held every five years.
Under the Bill, reviews will be held every eight years, so I argue—as the Committee accepts—that boundaries will be reviewed and updated regularly. That is sufficiently regular to make interim reviews not needed, so we have no need to return to that old policy. I have concerns about both the policy of interim reviews and the proposed policy which, even though the hon. Gentleman has tried to minimise disruption, would still be fundamentally disruptive, hitting local communities and their relationship with their representation in this place.
We should also accept the fundamental truth that the different governmental boundaries that criss-cross our country will never be fully aligned; it will inherently be a moving picture, and it will never be possible to align all of them at any one time. It is hard to put in place a policy that tries to align a small bit of that while acknowledging that the rest keeps evolving. Boundaries change all the time, owing to population shifts and the growth of new housing settlements. The point of a boundary review is to try to control for that by taking a snapshot in time, once every eight years, and saying that that is the point at which there will be changes—there will not be ongoing, perpetual change, but change at a key point in time.
I also do not think it cost-effective to keep going for that perpetual change. I appreciate the arguments that have been made, including the minimisation argument inherent in what the hon. Gentleman has tabled. However, there is a practical argument against asking the boundary commissions to effectively chase their tail and go after something that could move perpetually between those eight years or something that does not always come to fruition. The point has occasionally been made in the Committee about how to treat housing developments. That certainly ought to be accommodated in boundary reviews—that is the point of regular enough ones to do that—but it is also the case that sometimes housing developments do not come to fruition. Had that policy wrongly predicted a settlement, ultimately public money would have been wasted in getting the boundary commission to look at it.
David Linden
I have never felt so powerful as I do right now. I am grateful for the Minister’s response. This was a probing new clause. The issue has dominated my email inbox since I was elected in 2017—there is a lovely little area in my constituency called Stepps, by Cardowan, where the good people vote highly for the SNP actually, but that is by the bye. I was keen to spark some thought in Government, but when drafting the new clause, I feared that putting the number at 1,000 electors would frighten the Government off a little. I will reflect on what the Minister has said.
At one minute past 5 o’clock, I will allow the opportunity for the hard-working Clerks and Hansard staff to get some respite. As this is the last opportunity I will have to say anything in Committee, I also thank you, Sir David, and Mr Paisley for your forbearance in what have been long-drawn-out proceedings. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 10
Protected constituencies
‘(1) Schedule 2 to the Parliamentary Constituencies Act 1986 is amended as follows.
(2) In rule 6(2), after paragraph (b) insert “;
(c) a constituency named Ynys Môn, comprising the area of the Isle of Anglesey County Council”.
(3) In rule 8(5)—
(a) in paragraph (b), for “6(2)” substitute “6(2)(a) and (b)”, and
(b) after paragraph (b) insert “;
“(c) the electorate of Wales shall be treated for the purposes of this rule as reduced by the electorate of the constituency mentioned in rule (6)(2)(c)”.
(4) In rule 9(7)—
(a) after “6” insert “(2)(a) or (b)”, and
(b) after “2011” insert “, and the reference in rule 6(2)(c) to the area of the Isle of Anglesey County Council is to the area as it existed on the coming into force of the Schedule to the Parliamentary Constituencies Act 2020”.’—(Mrs Miller.)
This new clause adds the parliamentary constituency of Ynys Môn to the list of protected constituencies in the Parliamentary Constituencies Act 1986 and makes other consequential changes to that Act.
Brought up, read the First and Second time, and added to the Bill.
Question proposed, That the Chair do report the Bill, as amended, to the House.
Chloe Smith
I thank you, Sir David, and Mr Paisley for all of your work in chairing this Committee. We have all appreciated your clear chairmanship and good humour. I also thank the Clerks and all House staff who have made it possible to do a Bill Committee in these new circumstances. They have been most diligent. Also, many thanks to the witnesses who joined us and gave helpful evidence on our journey in Committee.
Finally, I thank all our colleagues in this room. I will pick on my two silent Friends who do not normally get a great deal to say in Committee, but I say it for them, so I thank my hon. Friends the Members for Walsall North and for Loughborough for their contributions. I thank all the parties represented here for the excellent quality of their debate and for the probing discussions we have had—in the witness sessions, as well, when we heard from other parties.
We have covered all the issues in the Bill comprehensively, with ample time to do so. I am pleased that we found common ground on the need to provide equal and updated boundaries for the representation of all the communities in our land.
Cat Smith
I want to put on the record my thanks to you, Sir David, and to Mr Paisley for chairing our proceedings in this Bill Committee. I also thank the officials for supporting our work, and members of the Committee for their contributions. I thank the Minister for her positive and thoughtful contributions.
This has been a first for me—the first time that I have made it to the end of a Bill Committee without giving birth. It is a great pleasure that this Committee did not go on as long as some of the others that I have briefly taken part in. I thank the Committee.
The Chair
I thank the three colleagues who have just spoken. Mr Paisley and I are both extremely susceptible to flattery, so we are very grateful for your kind remarks. I extend my thanks to all the officials, the Hansard writers and the Doorkeepers for all their support throughout the Bill. I thank all members of the Committee who have scrutinised the Bill to their full ability and who have coped with these rather unusual proceedings extremely well. Most of all, I thank our Clerk, whose wise counsels have prevailed throughout our proceedings.
Question put and agreed to.
Bill, as amended, accordingly to be reported.
Parliamentary Constituencies Bill (Seventh sitting)
Tuesday 30th June 2020
(4 years, 5 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2020 - (30 Jun 2020)
The Chair
Good morning. You are all very welcome. Before we resume consideration of the Bill, I have a few preliminary points to which I always like to draw hon. Members’ attention. Of course, the important one is that we must respect social distancing guidance. I will intervene to remind everyone if necessary—if we get too familiar. I remind Members to switch their electronic devices off or to silent mode. Of course, you want to bring in refreshments. I do allow that, given the detailed scrutiny that we are undertaking. I also remind colleagues that Hansard would be very grateful if Members emailed their speaking notes to the Hansard team.
The selection list for today’s sittings is in front of you. Members may wish to take a copy; it is available in the room. It shows how the selected amendments have been grouped for debate. Grouped amendments are generally the same or similar. Please note that decisions on amendments take place not in the order in which they are debated, but in the order in which they appear on the amendment paper. The selection and grouping list shows the order of debates. Decisions on each amendment are taken when we come to the clause that the amendment affects.
Clause 6
Taking account of local government boundaries
Ben Lake (Ceredigion) (PC)
I beg to move amendment 1, in clause 6, page 4, line 37, at end insert—
“(2A) In rule 5(1)(d) (list of factors), after “local” insert “and linguistic”.”
This amendment would enable a Boundary Commission to take into account, if and to the extent that they think fit, the effect of boundary change on linguistic ties as well as local ties.
It is, as always, a pleasure to serve under your chairmanship, Mr Paisley. It is also a pleasure to kick off this morning’s proceedings by speaking to my amendment 1, which hon. Members will have noticed is designed to probe the Government and provoke a debate on the nature of local ties, what “local ties” might mean, and, particularly with relevance to Wales but not just to Wales, linguistic ties. I will confine my remarks to the Welsh language, although I acknowledge that there are other languages within the United Kingdom to which some of the points I will make may be just as relevant. As I said, this is a probing amendment that I hope will spark some sort of debate.
The amendment would enable the Boundary Commission for Wales to take into account, if and to the extent that it thought fit, the effect of boundary change on linguistic ties, as well as local ties, when considering boundaries. We heard on 18 June, in the first evidence session, from Shereen Williams of the Boundary Commission for Wales. In answer to a question about local ties, Ms Williams mentioned that the commission in Wales looked at electoral wards and communities that are linked through joint programmes and projects. She went on to say:
“Also, quite uniquely, in Wales…is the Welsh language. We take it into account that you have constituencies where there are lots of links to the Welsh language. That is something we would like to keep together.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 20, Q37.]
My concern, in tabling the amendment, was not that the Boundary Commission for Wales takes no notice of the Welsh language and the links that communities have in certain parts of Wales—far from it. I know from past experience that the commission has been very receptive, and not just in the way in which it consults communities on proposed new boundaries; it has also taken into account, in submissions on certain proposals, what the impact of those might be on the Welsh language and the community. Rather, my concern is how the Welsh language, and indeed the local ties, will be catered for in future developments.
I know that later, when considering another part of the Bill, we will discuss the fact that Wales in particular stands to lose quite a number of seats, which has consequences for the commission’s work in redrawing the electoral map of Wales. It may be difficult for the commission to cater to all the different ties that fall under the statutory rule. In response to the next question, Ms Williams from the Boundary Commission for Wales said that
“it will be just as complex as the previous reviews, because we are losing quite a lot of seats.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 20, Q38.]
She was referring, of course, to the change to 650 as opposed to 600. We also know that demographics and the relatively slower rate of growth in the Welsh population will mean that we will probably stand to lose further seats in subsequent boundary reviews. I am quite concerned about how the commission goes about its work to try to incorporate all the different local ties, including the Welsh language and linguistic links.
If Members needed to be convinced any further about the importance of the Welsh language in Wales, in our afternoon evidence session on 23 June, in response to a question from the Minister, Dr Larner said:
“There is a lot of very well-backed-up evidence in Wales that Welsh speakers, particularly fluent, first language Welsh speakers, tend to hold slightly different opinions on a whole range of ideas…I would absolutely say that the ability to speak Welsh is a really important part of some people’s identity.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 23 June 2020; c. 128, Q245.]
I suppose that gets to the nub of the issue that I want to probe today: how does the “local ties” rule really capture the extent of the different elements that could constitute identity for some of our communities? I appreciate that identity is not something that we could ever capture perfectly, as it is very subjective. Rather, I am probing into whether under the statutory rules we can ensure that the importance and prevalence of linguistic ties, particularly in Wales, are maintained in future reviews.
Bim Afolami (Hitchin and Harpenden) (Con)
With regard to linguistic ties, how does the hon. Gentleman see dialect as being included within that—not so much the separate languages, but the separate ways and methods of communication and separate vocabulary, as seen in dialects?
Ben Lake
I am grateful to the hon. Member for that point. The debate about dialect is very interesting, and could certainly spark quite a bit of interest in Wales. He might be aware that northerners, or gogs as we call them in Wales, hold quite proudly that their Welsh is somehow superior to that of us mere mortals in the south. Of course, I am a west Walian, so I am better than both. However, he makes a good point on the distinction between dialect and language.
For the purposes of linguistic ties in Wales, I think it would be only fair for the Boundary Commission for Wales to consider the language as a whole. It would be unfair, and perhaps impossible, to draw the commission into adjudicating which dialect is more important. People feel quite passionately about whether they speak north Welsh, south Welsh, or west Walian as I do.
It is a good point, perhaps, for other languages. I do not want to interfere in the war of the roses that we had last week between Yorkshire and Lancaster, but people feel quite strongly about their dialects and accents. I would not be opposed to that being captured by the “local ties” considerations as the boundary commissions do some of their work in different regions. That would be a perfectly appropriate consideration for them to make. In Wales, I would not want the commission to have to tie too closely to the different dialects, but certainly the language itself is something that I want it to hold true to.
I reiterate that my remarks are not a criticism in any way of the Boundary Commission for Wales, which does incredible work. I fear that subsequent boundary reviews will be of greater complexity due to there being fewer seats, but the commission’s operation is compliant with Welsh language standards, and I know that it does a lot of work to ensure that it works as bilingually as possible, both in terms of its day-to-day administrative operation and when it consults with different communities. That is so important, especially when consulting with Welsh language communities.
I should mention that the naming of constituencies is not an issue for anybody to be concerned about. I am quite relaxed about that. We have two wonderful languages in Wales and we are very fortunate in that regard. I am happy that the names are bilingual; if anything, it is a bonus and a win-win situation. It is not a matter of the naming of constituencies, although I know there was quite a bit of work on that in the commission’s previous review.
My final point is that in subsequent reviews we may find that there are a greater number of Welsh speakers in the first place. I am happy that there has been progress in recent years in encouraging more people in Wales to be bilingual. This may well be a fear we need not address in the future, but at the moment it would be good to know how the different considerations that we can capture under local ties are prioritised, whether there is a hierarchy and how that works. In future reviews, if Wales has a smaller number of seats to divide the electorate, I would be concerned that the Welsh language may be a secondary or tertiary consideration, and would be relegated in that sense. Naturally, I would oppose that.
Can the Minister say how the Welsh language will be treated in future reviews, especially when the task of allocating seats within Wales will be far more complicated? I would be grateful. Diolch, Mr Paisley.
The Chair
Before I call the right hon. Member for Basingstoke (Mrs Miller), I remind Members that Tony Bellringer submitted a paper late last night. You should have an electronic copy of that. There are no hard copies, but there is an electronic copy.
Mrs Maria Miller (Basingstoke) (Con)
It is a great pleasure to serve under your chairmanship again, Mr Paisley, in a much cooler room.
I commend the hon. Member for Ceredigion on his amendment. He has made an extremely strong case for the importance of recognising language. I know how important the Welsh language is. I was brought up in south Wales, albeit not west Wales, and we all have views on the parts of Wales we know and love well. Now, more than when I was at school, Welsh is a living language. I commend everybody who has made that possible.
Within the rules that are already set out in schedule 2 to the Parliamentary Constituencies Act 1986, “local ties” can take account of language. Indeed, in the hon. Gentleman’s own advocacy for his amendment, he set out clearly that the boundary commission is already receptive to arguments made with regard to the Welsh language and it has already been shown that Welsh can be taken into account in the local ties.
The reason I have chosen to speak to this amendment is that I want to share with the Committee a way that we might think about this. There are lots of different ties that can be called local ties, including language. My concern about specifying language on the face of the Bill would be the impact that that might inadvertently have on other local ties. By having language on the face of the Bill, it might imply that other local ties that are not specified in that way may not be taken into account, or not be treated as well as they might have been in the past.
I understand the hon. Gentleman’s argument and why he wants to put it forward, but my concern is that that might inadvertently affect the way the boundary commission views other local ties. I hope that the Minister, while listening to the point, will see that the Government should not accept the amendment at this point.
Cat Smith (Lancaster and Fleetwood) (Lab)
It is a pleasure to serve under your chairmanship, Mr Paisley. I rise to support the arguments made by the hon. Member for Ceredigion about the ties that are the Welsh language. I do not think it is possible to overstate the fact that the Welsh language is a cornerstone of Welsh identity. Although in the past we have seen a decline in the Welsh language, that is now reversing with the Welsh Government’s target of 1 million Welsh speakers by 2050. The hon. Gentleman’s arguments may one day become quite irrelevant if Wales is entirely full of Welsh speakers.
We have previously referred to the Council of Europe’s Venice commission, which recommends that boundaries be drawn
“without detriment to national minorities”.
Welsh language speakers are a national minority who require protection within this legislation. Welsh language ties are an important part of identity, and I would like the Minister to provide some clarity about the use of the Welsh language as a factor in the commission’s decisions. Language is an indicator of local ties. Although I do not speak Welsh myself—dwi ddim yn gallu siarad Cymraeg—and my life is probably all the poorer for it, I recognise the importance of the Welsh language to the Welsh identity, as does the Labour party. I therefore congratulate the hon. Member for Ceredigion on having tabled this amendment.
Alec Shelbrooke (Elmet and Rothwell) (Con)
It is a pleasure to serve under your chairmanship again, Mr Paisley. I congratulate the hon. Member for Ceredigion on having tabled this probing amendment, because our whole debate about clause 6 has emphasised the point about local ties and local communities. We must use this Committee to emphasise to the boundary commissions that although we do not necessarily need to legislate—the hon. Member for Ceredigion presented this amendment as a probing amendment, to spark that debate—we are discussing a very important section of this Bill, as I said last week, and it is incumbent on the boundary commissions to take notice of what has been said.
Rule 5 in the 1986 Act is exceptionally important. One can only draw on one’s local experience, so I come back to Leeds, because that is my area; it is where I live in Yorkshire, but there is a world of difference between inner Leeds and outer Leeds. The communities are very different. I have made reference to the long-serving previous Member for Leeds East, George Mudie, who was horrified at the thought of such different communities coming into an area that he had represented for so long. I hope that when the boundary commissions do the reviews, they take real notice of the debates about clause 6. Intelligent and sensible points have been made by Committee members on both sides of the Committee during this debate, which should act as the key guidance. Rather than us putting things on the face of the Bill, the commissions should consider the over-driving will and well-thought-out arguments in all the areas we have debated.
Again, I congratulate the hon. Gentleman on having tabled a thought-provoking and important probing amendment to this Bill, because it is important that we probe all of its aspects. Everything that has been said during this debate—even on the comical side, such as the hon. Member for Lancaster and Fleetwood, on the other side of the Pennines, and I joshing last week about the wars of the roses—shows the importance of local identities and how they are put together. That is a very important aspect, and I hope the boundary commissions will take notice of it when they are drawing up their first draft.
The Chair
We now have a brace of speakers. I remind Members that they should confine their comments to amendment 1 proposed to clause 6, as there will be an opportunity to speak on clause stand part.
Christian Matheson
It is a great pleasure to see you in the chair again, Mr Paisley. I will speak very briefly, reflecting on the contributions made by right hon. and hon. Members.
I agree with the right hon. Member for Elmet and Rothwell: this is a thoughtful and thought-provoking amendment. Somebody with my own experience would not necessarily have thought of it, but I am now giving it great consideration. However, having listened to hon. Members from both sides of the Committee, my concern is that although we can discuss what is important and what we want the boundary commissions to regard as important factors when deciding boundaries, none of them is relevant as long as we have such a tight variance—5%—around the quota that trumps everything else. The Committee has already considered this. Something as important as language and identity, which the hon. Member for Ceredigion has spoken about, simply will not get a look in because nothing else matters. I ask the Committee to bear that in mind.
I do not know whether the hon. Gentleman intends to press his amendment to a vote—we will wait and see what his decision is on that—but I ask hon. Members to think about that as we progress through consideration both of the amendment and of the rest of the Bill. Members on both sides of the Committee talk about the importance of community, of identity and of keeping together communities that share common interests, but unfortunately none of that will make a difference when the commissioners come to do their work, because of the very tight variance that we are asking them to use, which is the only consideration in the Bill.
Shaun Bailey
It is great to see you in the Chair again, Mr Paisley. I thank the hon. Member for Ceredigion for his probing amendment. I am a something of a fledgling Welsh speaker and taught myself in his constituency. Ydw, ‘dwi’n gallu siarad Cymraeg—ddim yn rhugl, ond yn iawn. Diolch yn fawr iawn. {Translation: Yes, I can speak Welsh—not fluently, but okay. Thank you very much.]
My right hon. Friend the Member for Basingstoke made a really pertinent point—my one concern is that the amendment could better limit how it define local ties— but the hon. Gentleman makes some really good points about language. Unless someone has been there and experienced a language in a community, they can never fully appreciate it, particularly in Wales. I speak of Wales because in my experience, the language, the community and the identity are so fundamentally ingrained there, meaning that the level of conversation and the way it flows is totally different depending on whether it is in Welsh or in English. That needs to be experienced as a Welsh speaker.
As many hon. Members have said, this is a really interesting probing amendment and it is great that the hon. Gentleman has tabled it so we can think about that. Hopefully, reaching 1 million Welsh speakers, which I think is an absolutely vital goal set by the Welsh Government and one with which I agree, will change the dynamic. I was pleased to hear in our evidence sessions about how the Boundary Commission for Wales takes language into account, which we saw in the proposals for the joined-up constituency of Ceredigion and Machynlleth in the aborted review; language played some role in drawing that boundary.
The hon. Gentleman is absolutely right: we cannot forget linguistic considerations. However, as my right hon. Friend for Basingstoke said, we need to be really careful not to constrain ourselves, so I cannot support his absolutely fantastic amendment, which I hope the Minister will consider carefully none the less.
The Minister of State, Cabinet Office (Chloe Smith)
It is a pleasure to serve under your chairmanship, Mr Paisley. I echo right hon. and hon. Members in welcoming this debate and the very thoughtful way in which the hon. Member for Ceredigion has proposed his amendment. It is important that we look at those issues, and he has given us great food for thought in the way that he has presented the topic.
That said, I will argue that the proposal should not form part of the Bill, and will do so on the basis of a point that we have covered a number of times in our deliberations so far, which is that we ought to retain the framework of factors in the schedule to the Bill at a relatively high level, thereby giving flexibility to the boundary commissioners rather than being any more specific. To be clear, we are talking about the list of factors in a specific paragraph of the schedule to the Bill. As the Committee will be aware, any boundary commission may take those factors into account when making recommendations if, and to the extent that, it sees fit. Those factors already include any local ties that would be broken by changes in constituencies.
I will make just one other preliminary point before I go on to how the boundary commissions have already been able to accommodate the importance of the Welsh language. It is that the amendment would have to apply to all the boundary commissions. The nature of putting something into these factors is that it would have to apply across the United Kingdom. Hon. Members might question whether that would be appropriate for the other boundary commissions to the extent that the hon. Gentleman has argued it is appropriate for Wales. There are some questions there. For example—Mr Paisley, I hope you do not mind me saying so—it is obvious that in Northern Ireland this would be quite a particular argument to put in the context of language and culture, which would have different effects from those in Wales, Scotland or England. For that reason alone, I hesitate to accept this amendment.
That said, the Welsh language is very important. It is an official UK language and one of the great inheritances of our Union, which we all have a responsibility to protect and develop. It is a manifesto commitment of this Government to support the ambition for 1 million people in Wales to be able to speak Welsh by 2050 and I am delighted that there are some in the Black Country as well, as demonstrated by my hon. Friend the Member for West Bromwich West. The UK Government are working closely with our counterparts in Cardiff on that commitment. I am pleased to say that 11 UK Government Departments have implemented their own Welsh language schemes, too.
In 2017, the Boundary Commission for Wales voluntarily adopted the Welsh language standards that became applicable to its sister organisation, the Local Democracy and Boundary Commission for Wales. It reports annually on how it has delivered against the Welsh language standards. The most recent report outlined that the Boundary Commission for Wales had implemented a language preference system for all correspondence with the public and confirmed that it published all online and offline material bilingually at the same time.
A critical part of the commission’s work is its extensive public consultation. We have touched on this in other parts of the debate. Equal status is given to Welsh and English throughout these consultations. I think that is very important, because it allows people to be able to advocate for their views in whichever language they are most comfortable with.
As the hon. Member for Ceredigion set out, the Boundary Commission for Wales already seriously considers Welsh language issues and links under the “local ties” factor. At the 2018 review, the boundary commission moved to designating all constituencies in Wales with English and Welsh names, as the hon. Gentleman mentioned. I can give some examples for the benefit of the Committee of how the boundary commission takes account of language.
During the 2018 review, a report by the assistant commissioners into the proposed constituency of Gwynedd noted that there was strong support for including four particular electoral wards in that constituency,
“because of the strong Welsh language, social and economic ties between that area and Gwynedd.”
[Interruption.] Did my right hon. Friend the Member for Basingstoke wish to intervene?
Chloe Smith
It was so emphatic that I thought it was another marvellous point coming from my right hon. Friend. Let me meet that noise of approval with another example from the 2018 review about naming constituencies. The commission initially proposed naming two constituencies in alphabetical order: “Colwyn and Conwy” and “Flint and Rhuddlan”. However, the order of these names was reversed in the final recommendations after the commission received advice about
“a Welsh language convention of naming geographic place names from north to south and from west to east.”
I make no comments about the merits of north, south, west or east Wales. The hon. Member for Ceredigion has already done that very capably. I should also note that the Boundary Commission for Wales raises the issue of Welsh language links in the meetings and briefings with the various political parties at the start of any boundary review, and it is open to the parties and members of the public to raise Welsh language links in the extensive consultation carried out during a review.
I hope that I have provided reassurance that the law as drafted already gives the boundary commissions—in this case the Boundary Commission for Wales—all they need to take account of languages and how they contribute to local ties. This is a pressing case in Wales. I hope the examples I have given show that that is already happening in action. On that basis alone, I suggest that the amendment should not be accepted.
However, I will advance one other, perhaps darker and more serious argument than the one the hon. Member for Ceredigion intended, and I certainly do not cast aspersions on him for making those points. I want to highlight a slippery slope that could occur with such an argument. It is right that the legislation does not set out characteristics of people, but sets out characteristics of place. There is an important moral dimension to that. It is easy to foresee a slippery slope, whereby other characteristics of people could be argued for in terms of how constituencies ought to be drawn. Although we have not given him much time yet in our debates, we could think back to Governor Elbridge Gerry in 1812 in Boston who did that. Of course he gave his name to the term “gerrymander”, because he created a constituency that looked like a salamander that had the characteristics of people that he wanted to be seen in one constituency. We should be cautious about the idea of opening up to placing people together because they have a certain characteristic, as opposed to local ties of place, which perhaps give a more respectable way to look at community. I am conscious that the hon. Gentleman certainly did not go that far in making his argument, and I would not want to say that he had done so. I am grateful to him for his thoughtful presentation of the issues, but I hope that the set of arguments I have put both demonstrate how the language is rightly taken into account, and show some of the dangers of going further with the amendment. I urge the hon. Gentleman to withdraw it.
Ben Lake
I will keep my remarks brief. As I set out earlier, amendment 1 was a probing amendment and I am pleased with the debate we have had. We have not only highlighted the importance of the language in Wales, but had a bit of a discussion about what constitutes local ties, and how we might try to balance them out. I agree with the Minister that the Boundary Commission for Wales has done sterling work in the conservation of the language and in adopting the Welsh language standards voluntarily. I know from experience in my own part of the world that in the proposed boundary change of 2018—or even before that; I have lost track—the Welsh language was a key consideration that informed the final recommendation. In no way did I try to criticise the work of the boundary commission in tabling the amendment. The boundary commission does very good work. My concern relates to how local ties are balanced in the future, but I accept the point about not only the appropriateness of having the language on the face of the Bill, but the possible unintended consequences for the boundary commissions. With that in mind, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Chloe Smith
I managed to give some of the principal arguments for clause stand part earlier, so I will not detain the Committee long. If hon. Members can bear to think back to what was said, I explained why clause 6 was important in allowing a fixed picture of local government boundaries to be taken into account, and explained the necessity of fixing that point in time. I also explained the rationale for our inclusion of prospective changes in the Bill. Having heard no further questions or comments on any of those points, I hope that the clause will stand part of the Bill.
Mrs Miller
This will probably be a slightly longer speech than I would have hoped given the note that we received from the boundary commission last night. Now might be a relevant point to discuss the content of that note, although it will not necessarily be easy given that we have had it for such a short period. The reason why it is relevant to discuss it at this point is that clause 6 refers to the rules to achieve the overall objective in the Bill, which is to create constituencies of equal size, and those rules are set out in schedule 2 of the 1986 Act. Therefore, in this stand part debate I would like to talk about three different points so that the Minister might be able to respond and so that they are on the record for the boundary commission to understand the importance of these things to getting this right.
The first point is the content of the boundary commission’s note, which will help us create equal-sized constituencies by looking at sub-ward level. The second point is about protected constituencies, which I know we will come on to when we consider my string of amendments to the schedule, but I will briefly touch on it. The third point is how we take into account future growth, which I raised in an evidence session, but it was interesting that nobody really answered the question, so I am going to raise it again for the Minister to perhaps respond to.
Looking at the first issue, the number of electorates per constituency at sub-ward level, I put on record my thanks—and I am sure the thanks of the whole Committee —to Mr Bellringer of the Boundary Commission for England and his team for the note of 29 June and such a rapid response to the issues raised when he gave evidence. The lengthy note we received uncovers that we have hit upon something important. My right hon. Friend the Member for Elmet and Rothwell and others made the point several times that it is important that, first and foremost, we look at equality in the context of local ties. I think the only issue I take with the note from the boundary commission is the assertion that wards always—they say generally—
“reflect communities of broad common interest in an area”.
I think they mostly, but not always, do that. We could all give great examples of where wards even in our own constituencies do not particularly reflect communities of broad common interest.
Alec Shelbrooke
I thought I would intervene on my right hon. Friend rather than make a speech later because she is making absolutely the right points to sum up this stand part debate. A very important line that I picked up in the letter said that,
“wards generally reflect communities of broad common interest in an area, and to split them therefore risks splitting local ties”.
My right hon. Friend will agree that we do not want to argue with that statement, but that should also be the guidance for forming the constituencies: if the commissioners recognise that at ward level, they must recognise it at constituency level as well when choosing the wards that they are going to build constituencies from.
Mrs Miller
My right hon. Friend makes an extremely important point. Again, we can all think of constituencies, either our own or in our area, where that will be a considerable challenge for the boundary commission—where, in their words, there is going to be a significant review of constituency boundaries, particularly in constituencies such as mine, where the town of Basingstoke is now, one could argue, really too big to be one constituency. The debate is important and the Committee has shown the value of the process in raising this.
I note from the boundary commission’s response that they are not against looking at sub-ward level splits, which is obviously a matter of fact and they have done that in the past. However, I sense a reticence there for the future. I hope when the Minister responds she can underline the importance of ensuring that reticence is alleviated. Mention is made of the cost of splitting wards and pulling together data at a sub-ward level. There is a great focus on polling district data, which was not the only source of information that was mentioned in the evidence sittings and our debate. Yet the focus in the Boundary Commission for England’s response seems wholly to be on that form of information. Scotland and Wales already use postcode data, yet no mention is made of that in the response.
Chris Clarkson (Heywood and Middleton) (Con)
The boundary commission settled on the fact that it has to be units available across the entire country and then solely focuses on polling districts, which we have already said are subject to political considerations. What are not, of course, are postcode areas, which also represent, broadly speaking, cohesive communities. Does my right hon. Friend agree that that is an area that the boundary commission should consider?
Mrs Miller
My hon. Friend is right. It feels to me that the issue needs further consideration by the boundary commission. It is a great shame that even though it has already done an extensive piece of work with Ordnance Survey, surveying polling districts between 2013 and 2018—at a cost of a quarter of a million pounds, according to the note—there still seems to be resistance to looking at that in more detail or, as my hon. Friend suggested, at other data sources, which are presumably much more readily available. I understand that the Post Office delivers post every day, and therefore must update its information on a regular basis—particularly when new houses are built. Many of us will have had constituency casework on that issue.
Perhaps individual political parties might want to pick that issue up with the boundary commission. My feeling is that the Committee would want to press further for it to look at it in more detail.
Alec Shelbrooke
Is not the point—and the thing that we are trying to avoid—the fact that in previous boundary reviews there have been significant changes from draft 1 to draft 2, when things have moved to the evidence stages? Is not it better for the boundary commission to approach the matter with the advice and thought provided by the Committee, to try to get draft 1 right, so that there will just be minor changes in draft 2?
Mrs Miller
There is an old adage in the business world about doing the right thing right. Yes, the commission should do the right thing right first time, and not create re-work. I note from the letter that the Boundary Commission for England wrote to the Committee that it recommends that it should give priority to mapping metropolitan areas, given the late stage we are at, and the concerns it might have about being able to map the whole country at this stage. I think that that is part of the answer, but, as my hon. Friend the Member for Heywood and Middleton said, there is also room for it to look at other datasets, so that it will not be quite so focused on just one solution. I note from the submission that one member of staff was given the matter as a project. Perhaps if a little more resource was put into it, it could be turned around a little more quickly.
I am not quite sure how the Committee can put further pressure on to the boundary commission, but my ask to it would be why it is not looking at other datasets and why it cannot resource the matter more. Surely the Government, for whom the project is important, would want to look at any suggestion of additional resources that are needed to complete the work in a reasonable timeframe so that such data could be available, whether that is only for metropolitan areas or for a broader cross-section of the country.
The second issue that I wanted to turn to, briefly, is protected constituencies. Clause 6 touches on the rules in schedule 2 and I think we can be more ambitious for the Bill, in relation to using the concept of protected constituencies not just in England and Scotland but Wales. We will discuss two amendments on that later in our proceedings, when we can pick up on some of the issues raised by the hon. Member for Ceredigion and show our understanding of the importance of community. As a kingdom of islands, sometimes we need rules in place to respect that unique nature of the United Kingdom. We will come on to that shortly.
My final point is on taking into account future growth, which I raised with a couple of our evidence givers. I suppose I am thinking about constituencies like my own, Basingstoke, which has grown significantly in the past three decades, from being a sleepy market town predominantly surrounded by the most amazing and beautiful Hampshire countryside, when it was the constituency of David Mitchell, the father of my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), to what it is today, which is one of the top 10 centres of employment in the south-east—still surrounded by the most amazing and beautiful Hampshire countryside.
To the west of the town is a major development area by the name of Manydown, in the constituency of my hon. Friend the Member for North West Hampshire (Kit Malthouse). No houses have yet been built, but they will be, and to stop unnecessary change in the future it will be important for that in some way to be taken into account geographically in the setting of the boundaries.
Please do not get me wrong: I am not asking for that to be taken into account in the quotas, but surely with such major areas, which have already had many hundreds of thousands if not millions of pounds-worth of development put into planning for the future, it would be an unnecessary change pending in the future for it not to be taken into account. I am sure every single Committee member can think of somewhere in or near their own constituency where that would be the case.
Given that one of the factors in the rules—I think I have this right—is that we can look at such things for the future, I hope that the boundary commissions will be able to think about the geographical nature of what they do, not just the numerical population-based nature of it. However, I did not get a sense from their response, or from others, that that was something they were focused on yet. I hope that we can register that with them at this early stage, to stop what my right hon. Friend the Member for Elmet and Rothwell said in his intervention on planning for the future and instead to get things right first time.
Christian Matheson
I find the right hon. Lady’s contributions thought-provoking and very helpful. Mr Speaker—
Christian Matheson
Mr Paisley! Not yet—maybe next year.
May I express a sense of frustration at what I am hearing in Committee, including from the right hon. Member for Basingstoke, who has just spoken? She was absolutely right to talk about the importance of geographical nature as a consideration for the commissions, not just numerical nature.
As with the previous section of the debate, however, I worry that we are making heavy weather of the whole process. We have been talking about splitting wards and how the Boundary Commission for England—in particular, with Mr Bellringer’s note to us from last night about splitting wards—might somehow obtain data to help it split wards more accurately, or split streets, and perhaps we can even use postcode data. The hon. Member for Heywood and Middleton talked about using postal districts—I think I am roughly quoting him correctly.
We are making extremely heavy weather of something that we need not make heavy weather of, because the answers are already there. The only reason we have these difficulties, these problems and this debate is that the one consideration that the Bill gives to the boundary commissions is the tight 5% tolerance. Everything else flows from that. The right hon. Member for Basingstoke rightly talked about the importance of geography, not just numbers. Unfortunately, everything else that the Bill does denies that hope. We cannot have it both ways. We are making it difficult for ourselves, and for the boundary commission, by making everything else subservient to that one numerical fact.
Alec Shelbrooke
We are almost straying into new clause 2, which I think we will debate this afternoon. The hon. Gentleman is talking about how much easier it is with the 7.5%, and I hope that we can explore that further. In Leeds and in Kirklees, two West Yorkshire constituencies, 7.5% does not do it; we still have to split wards. Perhaps he can challenge my argument this afternoon.
Christian Matheson
I would not challenge the right hon. Gentleman. I take the advice that his local knowledge makes him an expert to give. We listen to each other and say, “Actually, in those circumstances it wouldn’t work.” However, the number of areas where we would not need to do that would be far fewer. I think that the Leeds issue, with wards of 17,000, is quite an extreme one. I suspect that some of those will have to be split anyway, but we make heavy weather by making the number of those instances, and their frequency, much greater as a result.
Mrs Miller
I am intervening only because the hon. Member referred to what I said. To be clear, what I am calling for is more rigour in the process. I do not hold with his assertion that by giving people more leeway we will get a better answer. We need more rigour in what is being done, and more detail from the boundary commission, to ensure that the commission comes up with the right answer and we get equal constituency sizes. There will always be special cases—that was the point that I was making—and they have to be recognised, but I was not calling for a more lackadaisical approach; I was calling for more rigour and detail in the system.
Christian Matheson
I am grateful to the right hon. Lady for that clarification. The point that I was making in response to her speech and other contributions was that as long as we insist on 5%, none of the other considerations that hon. Members across the Committee are calling for will be possible or indeed relevant. I believe that it is important, for example, to have community ties. Language ties had not occurred to me until they were raised by the hon. Member for Ceredigion in relation to the previous clause. I found that very thought provoking, but there has to be a balance between the aim of achieving equal-sized constituencies and achieving the community ties for which hon. Members are calling. Unfortunately, at the moment we are not hitting that balance.
Chloe Smith
I will keep this fairly brief, but I wish to take a moment to acknowledge the arguments made by my right hon. Friend the Member for Basingstoke and other members of the Committee regarding the evidence that the Boundary Commission for England has now provided to us. I confirm that I will look at this matter in the Department to see whether there are any ways that the non-legislative side of it could be taken forward. I am not in a position to say anything more about that at this point, but I wanted to acknowledge it now as part of the stand part debate on clause 6.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Clause 7
Alteration of the “review date” in relation to the 2023 reports
Question proposed, That the clause stand part of the Bill.
Chloe Smith
Hon. Members will remember that clause 1 made certain changes to the timing of boundary reviews; it did that by establishing the end dates of boundary reviews—namely, the dates by which the boundary commissions must submit their reports to the Speaker. We discussed then how the next boundary review, starting in 2021, would have an end date of July 2023, to allow a slightly compressed timetable of two years and seven months for that review only. The intention there was to provide the best possible chance of the new boundaries being in place ahead of the next general election.
Clause 7 is the other side of the same coin. It sets the start date for the next review. The formal start date of a boundary review is known as the review date, and the Parliamentary Constituencies Act 1986 defines it as being two years and 10 months before reports are due to be submitted. Clause 7 amends the 1986 Act—I am talking now about rule 9(5) in schedule 2—making a change for the next review only, by maintaining the review date of 1 December 2020. For all subsequent boundary reviews, the review date will continue to be two years and 10 months before reports are due to be submitted.
As we have already discussed, bringing this back up to the general level of the arguments on this Bill, it has been well over a decade since the results of a boundary review have been implemented. Our constituencies are therefore based on electoral data that is up to 20 years old. The purpose of this provision is to ensure that the next boundary review, starting in 2021, finishes as promptly as possible, but without compromising the processes of the boundary commissions. The timetable of two years and seven months has been discussed with the boundary commissions and with parliamentary party stakeholders who, as I outlined in an earlier session, all support the move. I therefore hope that it will also have the support of this Committee as well.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clause 8
Removal of duty to implement, etc. in relation to current reports
Question proposed, That the clause stand part of the Bill.
Chloe Smith
It is that part of the morning, Mr Paisley, where you keep me on my feet all morning, going through a rattle of clauses. Here we go.
Chloe Smith
Exactly; the audience awaits—or, as my three-year-old managed to learn to say the other day, “And the crowd goes wild!”. That surprised me coming out of the mouth of a three-year-old, but perhaps the same will be true of the Parliamentary Constituencies Bill Committee.
Chloe Smith
What does clause 8 do? It removes the legal obligation to implement the 2018 boundary review. As hon. Members will recall from when we discussed clause 5, the Bill will amend the existing legislation to ensure that we continue to have 650 parliamentary constituencies, as we do now. In order to achieve that, clause 5 set the number of constituencies at 650 for future reviews. That in itself does not resolve the current legal obligation on the Government to implement the 2018 boundary review, which was based on 600.
The boundary commissions have submitted their final reports for that review, but the recommendations have yet to be brought into legal effect. Clause 8 therefore brings the 2018 boundary review to a close without implementation. It removes the Government’s obligation to bring the recommendations of the 2018 review into effect, because those proposals would take us down to 600 constituencies at the next election, which this Committee has already agreed is undesirable.
Under this clause, that obligation would be removed retrospectively, with effect from 24 March of this year. I can explain that specific date to the Committee: it is the date on which the Government announced their intention to retain 650 constituencies in the written ministerial statement that I laid before the House. Without this clause, there would be a very irregular situation. We would be legally required to implement the 2018 review and implement the reduction to 600 constituencies at the next general election. I think that this Committee would agree, having already taken the decision to move from 600 back to 650, that that situation would be confusing and undesirable. Therefore this clause, although technical, is important and I urge that it stand part of the Bill.
Cat Smith
I will make a brief comment, not least to give the Minister a breather and a chance to get some water as she rattles through the clauses. I just ask her whether she is pleased to be able to have clause 8 in the Bill because the 2018 review did not have the automaticity clause that future reviews will have.
Chloe Smith
The debate would not have been complete had the hon. Lady not raised that point. I think it is fair to say that we have answered that one comprehensively in the course of these Committee proceedings so far; and given that we have also already agreed that automaticity is the right thing to do in this Bill, I am not going to entertain the argument any further.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
Removal of duty to review reduction in number of constituencies
Question proposed, That the clause stand part of the Bill.
Chloe Smith
Here we go again, Mr Paisley.
This clause is connected to clause 8, in that, as I have already said, the Bill seeks to maintain the number of constituencies at 650, reversing the changes from the Parliamentary Voting System and Constituencies Act 2011 that provided for 600. Section 14 of the 2011 Act also imposed a requirement on the Government to make arrangements for a committee to carry out a review of the effects of the reduction to 600 constituencies. I know we all love being on committees, but I think we can agree that we do not need another committee to do that particular function, having just agreed clause 8 and, earlier, that there should be 650 constituencies. Therefore we are cancelling those arrangements. They would have been required to be made no earlier than 1 June 2020 and no later than 30 November 2020—in other words, this year. As the reduction in the number of constituencies has not taken effect and clauses 5 and 8 already stand part of the Bill, the duty to review the reduction in the number of constituencies is entirely redundant.
Like clause 8, this clause is retrospective, and it will be treated as having come into force as of 31 May this year. That is obviously the day before 1 June—the start of the period within which the Government were to be required to make arrangements for a review to be carried out. Without this clause, the Government would be legally required to make those arrangements to undertake a redundant review, so I urge hon. Members, on the grounds of sensible work and governance and the need for no more committees, to support the clause’s standing part of the Bill.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Clause 10
Effect of Orders in Council under the 1986 Act on NI Assembly constituencies
Question proposed, That the clause stand part of the Bill.
Chloe Smith
Clause 10 makes a different kind of provision, and it will take me a little while to explain the detail of it, so I trust that the Committee will bear with me while I do. This clause makes specific provision in relation to Northern Ireland and how boundary review recommendations are brought into effect there. I shall make a couple of preamble points that outline related legislation.
First, existing legislation—the Northern Ireland Act 1998—dictates that constituencies in Northern Ireland automatically mirror UK parliamentary constituencies. Therefore, when a boundary review is brought into effect for the United Kingdom, the constituencies for the Northern Ireland Assembly, each of which has five Assembly Members, will automatically change. Currently, that change happens at the next Assembly election. By the bye, this is not the case in either Scotland or Wales, where the boundaries used for the devolved legislatures are not linked in law to UK parliamentary constituencies, and are devolved matters.
The other point to bear in mind at the outset is that the Northern Ireland Assembly has scheduled elections, so we can predict when there will be moments when a UK parliamentary boundary review will finish close to an upcoming Stormont Assembly election. One of those moments, we can foresee, is in 2031/32. In addition, if, as there has been in the past, an unscheduled Assembly election were to be triggered close to the end of the boundary review, it would be important for there to be clarity about the boundaries to be used.
Chloe Smith
On a point of order, Mr Paisley. Are we dealing with the schedule and its amendments after the stand part debate?
Chloe Smith
Clause 11 gives effect to the schedule to the Bill that contains minor and consequential amendments, including the repeal of provisions that are now spent or superseded. The schedule contains several minor provisions. As I mentioned at the beginning of our line-by-line scrutiny, one such provision clarifies that references to the Secretary of State include the Minister for the Cabinet Office, which alone takes up three of the 11 paragraphs that make up the schedule—perhaps a reflection of how minor the provisions are.
Others provisions in the schedule include paragraph 4(2) which, to reflect clause 5 of the Bill, which amends the number of constituencies to 650, updates the UK electoral quota to be based on 646 rather than 596. That reflects the number of constituencies minus the four protected constituencies. I acknowledge, however, that we will come on to debate aspects of that matter later. To reflect clause 4’s changes to public hearings, paragraph 5 tidies up the references to public hearings in the Parliamentary Constituencies Act 1986.
Hon. Members may be interested in the schedule’s reference to Blackpool, which I can explain, should the Committee be interested. No doubt the hon. Member for Lancaster and Fleetwood is agog to talk about Blackpool, so I will cover it briefly. There was a mistake in an amendment to the 1986 Act in the European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018.
The amendment made by that SI was intended to maintain the current position, that the BCE may take into account the boundaries of the European parliamentary electoral regions in England if it wished to do so, despite the repeal of the European parliamentary elections legislation. The regulations provided for newly defined English regions that correspond to the make-up of the existing European parliamentary electoral regions. The Bill adds the county of Blackpool to the description of the north-west region, which was erroneously omitted. Let the celebrations ring out around Blackpool for us having done that this morning in this Committee.
The schedule also ties up the drafting in previous related legislation, including the 1986 Act and the Parliamentary Voting System and Constituencies Act 2011. As they are very minor, I will not set them out in detail, although I would be happy to if hon. Members wish. The minor and consequential changes made by the schedule are important for tidying up the statute book and making the legislation easier to understand for the reader.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Schedule
Minor and consequential amendments
Mrs Maria Miller (Basingstoke) (Con)
I beg to move amendment 14 in the schedule, page 7, line 16, leave out “for “596” substitute “646”” and insert “leave out “596” and insert “645””.
The Chair
With this it will be convenient to discuss the following:
Amendment 11 in the schedule, page 7, line 17, leave out “646” and insert “645”.
This amendment is consequential to NC6, which would add an additional protected constituency.
New clause 6—Ynys Môn to be a Protected Constituency—
After Rule 6(2)(b) of Schedule 2 to the 1986 Act (protected constituencies) insert—
“a constituency named Ynys Môn, comprising the County of the Isle of Anglesey.”
This new clause adds Ynys Môn to the four protected constituencies
New clause 10—Protected constituencies—
(1) Schedule 2 to the Parliamentary Constituencies Act 1986 is amended as follows.
(2) In rule 6(2), after paragraph (b) insert “;
(c) a constituency named Ynys Môn, comprising the area of the Isle of Anglesey County Council”.
(3) In rule 8(5)—
(a) in paragraph (b), for “6(2)” substitute “6(2)(a) and (b)”, and
(b) after paragraph (b) insert “;
(c) the electorate of Wales shall be treated for the purposes of this rule as reduced by the electorate of the constituency mentioned in rule (6)(2)(c)”.
(4) In rule 9(7)—
(a) after “6” insert “(2)(a) or (b)”, and
(b) after “2011” insert “, and the reference in rule 6(2)(c) to the area of the Isle of Anglesey County Council is to the area as it existed on the coming into force of the Schedule to the Parliamentary Constituencies Act 2020.”
This new clause adds the parliamentary constituency of Ynys Môn to the list of protected constituencies in the Parliamentary Constituencies Act 1986 and makes other consequential changes to that Act.
Mrs Miller
These amendments and new clauses would effectively create an additional protected constituency of Ynys Môn comprising the area of the Isle of Anglesey County Council. The new clauses seek to amend schedule 2 to the Parliamentary Constituencies Act 1986, specifically the rules for the distribution of seats, resulting in Ynys Môn being included as a protected seat in rule 6. Consequential and necessary changes to rule 8 and rule 9 of the same schedule are needed to bring that fully into effect. Amendment 14 is a consequential amendment looking at the total number of constituencies.
There is an acknowledged principle in the 1986 Act that in our great British Isles, a collection of islands under our sovereign, Her Majesty, there are instances where the parliamentary constituency system needs to acknowledge challenges and limitations of building a constituency boundary system that adequately recognises island-based communities. Existing legislation does do that for two seats in England, neighbouring my own county in Hampshire, and for two seats in Scotland, but for none in Wales.
At this point I declare an interest. Although I was born in England and represent an English constituency, I was brought up in Bridgend, Wales. My maiden name is Lewis. My two brothers were born in Bridgend Hospital and my two nieces, Isabella and Olivia, attend a bilingual Church in Wales school in Llangattock. Yes, when England plays Wales in rugby, I support Wales. I am aware of the Welsh identity and the powerful role that communities play in Welsh life. When parliamentary boundaries were last debated, the move to 600 seats made it difficult to secure protection for the constituency of Ynys Môn. Given the return to 650 seats, I will attempt to turn the Minister’s head in the hope that she might be persuaded by arguments of both the head and the heart.
The people of Ynys Môn are rightly proud of their island and its unique history. While the boundaries of most other counties might be considered somewhat arbitrary—although not in Yorkshire and Lancashire, as we have heard—the boundary between Ynys Môn and the mainland is physical, perhaps indivisible and immovable.
John Spellar (Warley) (Lab)
There is something I fail to understand in this argument. Is Ynys Môn not connected by a bridge that was built around 100 years ago and is readily used all the time? How is it different from any other bridge in this country over rivers? The Isle of Wight argument was pretty thin, because the ferry is quite effective. Here you have a well-established bridge.
Mrs Miller
The right hon. Gentleman brings me straight on to my next point. It is as if he was reading my notes in advance—I am sure he was not. The Menai strait may be narrow enough to travel over by bridge, unlike travelling to the Isle of Wight, which he will be well aware is not connected by any bridges. However, the bridges were built very recently, and the people of Ynys Môn continue to have a strong sense of independence—born from many centuries of separation from the mainland—and have not changed. There are countless examples of Ynys Môn’s deeply held identity as an island community both physically and sometimes constitutionally annexed to the mainland. The island is environmentally and economically distinct from the mainland, being flat and fertile, with its rugged coastline and deep harbours standing in stark contrast to the mountains of Snowdonia.
The hon. Member for Ceredigion will, I am sure, tell me that my pronunciation is not good, but the area is known as Môn mam Cymru—Anglesey, mother of Wales. That is rooted in its history. Countless windmills still stand on the island as testament to the fact that it kept north Wales fed during the middle ages.
John Spellar
The right hon. Lady’s definition of “recent” must slightly differ from mine. The Menai suspension bridge was built in 1826, at just about the time we were getting any sort of franchise and about 100 years before we had universal franchise. This is a pretty thin argument, is it not?
Mrs Miller
I am sure the people of Ynys Môn will listen carefully to interventions made by Labour Members, which I am not sure necessarily reflect the arguments made over many years by others who have looked at this very carefully. The right hon. Member has a point that can be made, but this is not just a river or arbitrary boundary. This is a significantly sized island, which I think is actually almost double the size of the Isle of Wight. It is significantly larger than the Isle of Wight, so I think a bridge, however long it has been there, does not take away from its sense of identity. Indeed, there is clear and direct precedent for Ynys Môn to be treated as an exception. I hope, more generally, that the Labour party will support this proposal. Certainly, the evidence given to the Select Committee suggested that there was cross-party support. I am sure that the right hon. Gentleman is just making a little bit of mischief along the way.
There is clear precedent. The Isle of Wight’s two seats make an electorate of more than 110,000, Orkney and Shetland has an electorate of 23,000, and the Western Isles has an electorate of 15,000, so this is not about the number of people on an island but about the islands themselves, because they are geographically separate, with fractured populations. They have a tradition and identity that tend to override those numerical imbalances, which has rightly been recognised by this place over many years.
Ynys Môn possesses all the same exceptional qualities geographically, but also in its heritage. With an electorate of more than 50,000 registered voters, it is a sizeable community, as well as geographically sizeable. No other constituency I am aware of, or that Members have brought up so far in our consideration of the Bill, is in a similar situation to Ynys Môn. Its nearest comparators have all been granted protected status. While I know and understand the arguments made by some in Cornwall, I hope the boundary commission heeded the issues raised by Devonwall. That is a very different issue from those faced by island communities, and I do not think that the two arguments should merge.
We heard no dissent in our evidence sessions when the notion of protected status was put forward. As an island nation, UK citizens do not need to be told about the unique identity that results from living on an island. Recognising a plurality of identities is part and parcel of the geography of our British Isles and needs to apply to the Welsh island of Ynys Môn. There is a strong depth of feeling on Ynys Môn that the island should have this recognition. In our evidence session, Dr Larner, who is a research associate at the Wales Governance Centre at Cardiff University, was very clear:
“Obviously, Ynys Môn is not as isolated geographically as some of the Scottish constituencies, but, when you consider that the Isle of Wight is involved in these protections, it is reasonable to suggest that Ynys Môn should be too.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 131, Q251.]
I have to say that my hon. Friend the Member for Ynys Môn (Virginia Crosbie) put it best when she said: “Ynys Môn is unique. It is very special. The people have a strong sense of identity and community, unlike any I have experienced on mainland Britain. The countryside is rich and fertile, the coastline rugged and rural, and there is a very real sense of being an island standing alone from the mainland, despite the connected bridges. There is a commitment to protecting and promoting local business, the Welsh language and the culture and traditions of Ynys Môn. This is an island community that deserves to be recognised and protected.”
Ben Lake
Diolch yn fawr, Mr Paisley. It is a pleasure to follow the right hon. Member for Basingstoke (Mrs Miller). I echo a lot of the points that she made in support of the principle of ensuring that Ynys Môn is retained as a unique and integral part of Welsh political history, and indeed the UK’s political history. Some of the points that I will make support her arguments.
There is a bit of consensus in the Committee on the fundamental argument about whether Ynys Môn deserves to be its own constituency, but it is fair to point out that we have received a few pieces of written evidence questioning, and raising some valid points about, whether Ynys Môn is enough of an island and deserves to be one of the protected constituencies, along with the Western Isles, for example. Some of the points in the most recent piece of written evidence—forgive me, Mr Paisley, but I have forgotten the name of the individual who submitted it. [Interruption.] Mr Aaron Fear, that’s it! Mr Fear made the valid point that, whereas the remoteness of the Western Isles makes its own argument for that constituency, the proximity of Ynys Môn to the mainland means that it should not benefit from similar consideration.
We have had the opportunity in this Committee to look back at history, and we have covered many historical events. On the point about Ynys Môn being close to the mainland, the hon. Member for Ynys Môn (Virginia Crosbie) will attest to the fact that the Menai strait is a significant natural barrier—just ask the Romans, who had an issue with it. It is one of the most treacherous stretches of water, certainly along the British Isles. Despite the transport links that modernity has bestowed upon the island, when we come to the point about Ynys Môn having its own distinct community, we probably find ourselves in a similar position to the Romans looking across the Menai to the druids. The people of Ynys Môn consider themselves to be a very distinct community from that of the mainland, and that is something that we should bear in mind.
I do not have much more to add to the points that were very well made by the right hon. Member for Basingstoke. I will summarise as follows: when we consider whether islands should have protected status, it is valid to ask whether they are big enough geographically and in terms of population, whether they are remote enough, and whether they have a distinct sense of community. I have dealt with the remoteness issue. Yes, at the narrowest width, the Menai is only a couple of hundred metres, but the community of Ynys Môn is so distinct from that of the mainland that it deserves recognition.
When it comes to the island’s size, perhaps it is not so big in global rankings, but it is more than 700 sq km. The right hon. Lady mentioned a few islands. It is only 5 sq km smaller than the island of Singapore, to put it in context. It is the 51st largest island in Europe, if Madeira is considered to be a European island; it is the 50th if it is not. In terms of geographical size, it has a sound argument and pretty good credentials. The resident population is about 70,000, which again is not insignificant. If we consider some of the geographical areas on the mainland, it is quite a sizeable unit. Administratively speaking, it is the ninth largest local authority in Wales by population. Again, that speaks to why it should be considered its own entity.
I mention community again at this point. If the local authority point is not enough then it should be considered that Ynys Môn fielded a team for the Island games, competing with islands across the world in different sporting events. The team is proud to represent their island, not some sort of appendage to north-west Wales. To encapsulate everything, the point made by Mr Geraint Day during the first day of the evidence sessions is a humorous but important one. History is on the side of Ynys Môn being a distinct constituency too. Since the 16th-century Acts of Union, Ynys Môn has always sent its own Member of Parliament to London, and indeed—apart from the Barebones Parliament—has always had representation in this place.
Mrs Miller
I point out that my hon. Friend the Member for Ynys Môn is with us today, although unable to take part in proceedings because of her role in the Government.
Ben Lake
I referred to the hon. Member for Ynys Môn earlier on, and I am confident that she would agree with us if she were able to contribute. Ynys Môn has had continuous representation in this place, apart from the notable exception of the Barebones Parliament. Further to the points that have been made, if one needs to think about how Ynys Môn is considered within Wales, Môn man Cymru is probably the best way of putting it, as the right hon. Member for Basingstoke said. In her remarks on an earlier amendment, the Minister mentioned that the Boundary Commission for Wales agreed to the Welsh language convention of place names that run north to south and west to east. If that logic is applied, Wales starts in the north-west. What is the north-west? It is Ynys Môn. I do not have anything further to add. If the hon. Lady wishes to push the amendment to a vote I will support her.
Christian Matheson
It is a pleasure to take part in the debate. I think an amendment that I have tabled is similar in effect to those tabled by Conservative Members. Anglesey, which I knew as a child, is a great place. I remember we used to go there on holiday every year, staying at Red Wharf Bay at Benllech and visiting Llangefni market and Llanfair PG. I will not go any further than that. We still go there, and not so long ago I visited Newborough Warren. It is a wonderful place, and is a fantastic place to visit. The hon. Member for Ceredigion talked about the history of the Romans and the druids, and I was aware of that. He might want to correct me, but I think I am right that eventually the Romans got round their problem by fording the Menai strait at low spring tide, resolving their difficulties with the druids in, unfortunately, the fashion in which Romans resolved such problems.
Chloe Smith
Will the hon. Gentleman explain what the Romans ever did for the druids?
Christian Matheson
I am sure, Mr Paisley, that you would not want me to start listing aqueducts, currency, safety in the streets, law and order and so on. The Opposition have tabled a similar amendment—I am not sure of the procedural mechanism for resolving the fact that there is more than one amendment on the same issue. I will take guidance from you on that, Mr Paisley.
I make two points in relation to the debate. First, I ask Committee members to bear in mind the knock-on effect on the rest of the Wales, if and when they agree the amendment. We will be discussing that matter later. Right hon. Members have made good, sound arguments as to why we should accept the amendment. However, that has an effect on the rest of Wales, and I ask hon. Members to park that.
Secondly—I have to make this point, unfortunately, from a political point of view—never since St Paul took a trip to Damascus has such a great conversion been seen as that of Conservative Members deciding that perhaps Ynys Môn does need to be a protected constituency. Other parties, our own included, have called for that change in several reviews. Something has obviously changed, if Conservatives are all of a sudden in favour of the proposal. I invite members of the Committee to decide, in their own time, what circumstances have changed such that the Conservatives are, all of a sudden, in favour of it. Let us be clear: we have called for it in several reviews. We are, therefore, pleased that Government Members have seen the light, whatever the motivation that drove them to that point.
May I be indulged briefly, Mr Paisley, to pay tribute to the former Member for Ynys Môn, my good friend Albert Owen, who like you was a member of the Panel of Chairs? I miss him greatly as a person and as a mentor and adviser, but I know he still maintains a full role.
Chris Clarkson
As a Romanophile, I thank the hon. Member for Deva Victrix. I very much enjoyed the talk of Rome. On the political considerations, Ynys Môn is one of only two constituencies in the United Kingdom to have been represented by all three major parties and the local nationalist party, so the hon. Gentleman’s argument does not stand. Talking about north Wales, possibly combining Ynys Môn with Bangor would be particularly unfair to some mainland parts of Wales, which have distinct identities. I support the amendment: Ynys Môn is a distinct part of Wales, with a unique culture and identity, and has a perfect case to be a protected constituency.
Christian Matheson
I thank the hon. Gentleman for his intervention. In fact, my argument stands because only now has the Conservative party changed its opinion—again, I leave him to come up with the reason why.
Christian Matheson
I am most grateful. I am sure that Albert will be following this debate and will be most grateful as well.
We support the amendment and welcome the conversion of Government Members. We will work with them to see this through. We await the Minister’s response.
The Chair
For clarity, this debate is about amendment 14, in the name of Maria Miller. I said at the commencement that it would also be convenient to consider amendment 11, new clause 6 and new clause 10. If amendment 14 is agreed to, the subsequent one, namely amendment 11, will not be called.
Cat Smith
The grouping of amendments and new clauses on Ynys Môn gave me cause to think about the nature of island communities. I have enjoyed hearing the exchanges across the Committee Room this morning. Indeed, my father was born on an island and my mother was raised on one—the Isle of Walney, which was only connected to the mainland by a bridge in 1908 so, arguably, has a stronger case for special consideration even than Ynys Môn. The arguments about identity apply to any island community in the British Isles. For anyone born or raised on an island, that sense of community runs so deep that unless someone has lived or experienced it, it is hard to explain how that can forge identity.
Ynys Môn also has a strong Welsh identity, which we have not really touched on so far in this debate, but with a 57% prevalence of being able to speak Welsh, it has the second highest proportion of Welsh speakers by local authority in Wales. That just adds to the evidence that Anglesey is indeed a special place, which is why we believe that it should be awarded protected status. It also has the village with the longest place name in Britain —if anyone wishes to make any intervention to tell us what that is, I would be happy to give way.
Alec Shelbrooke
I cannot do that, but I will tell the hon. Lady who can: my hon. Friend the Member for Pudsey (Stuart Andrew), who was born there.
Cat Smith
Unfortunately the hon. Member for Pudsey is not taking part in proceedings. The amendments are about recognising the fundamental and distinct identity of Ynys Môn and awarding it protected constituency status. Although the Labour party will certainly support that, it throws up a debate about the potential conflict between the idea of protecting communities and identity, and equally sized constituencies. Creating another protected constituency makes it more difficult to have equally sized constituencies right across the British Isles.
I find many of the ideas that the Committee has discussed very contradictory. On the one hand, hon. Members argue for equally sized constituencies, and on the other, they argue for more protected constituencies, which ingrain unequal size. I am very clear that we should respect community ties and acknowledge that some constituencies will be larger than others to reflect those ties, but as far as possible, we should try to have constituencies that are as equal as they can be. The amendments highlight the challenge that that throws up, in recognising that communities should be included together when it comes to parliamentary constituencies.
Chloe Smith
I am really pleased that we have had this discussion, which, in formal terms, complements my opening remarks on clause 11 stand part.
Following on from the arguments articulated by the hon. Members for Ceredigion and for City of Chester, as well as by the shadow Minister, I can confirm that the Government will accept amendment 14, tabled by my right hon. Friend the Member for Basingstoke, and give Ynys Môn protected constituency status. I will go through the reasons for that.
I will pray in aid the hon. Member for Glasgow East, who occasionally helps me out in this respect. He was so kind to say earlier that I am a considered Minister who takes arguments on merit, which is what I am seeking to do today. That starts with reflecting on what the current legislation sets out. It sets out four protected constituencies, the boundaries of which are fixed and do not change at boundary reviews. They are all islands: Orkney and Shetland, Na h-Eileanan an Iar, and the two constituencies on the Isle of Wight. Currently, there are no protected constituencies in Wales.
During debate on the Parliamentary Voting System and Constituencies Act 2011, arguments were made that Ynys Môn should also be a protected constituency. Those arguments centred on the fact that the constituency covers a relatively large island geographically and has a sizeable electorate—and they still have merit today. Indeed, we heard witnesses and hon. Members of all stripes make the case for Ynys Môn, including Tom Adams of the Labour party, Geraint Day from Plaid Cymru and Chris Williams from the Green party, in addition to the parties represented on the Committee. Dr Larner from the Wales Governance Centre added his thoughts to the argument, too. Of course, hon. Members outside the Committee have also joined the argument via amendment 14, including the hon. Member for the Isle of Wight (Bob Seely), whose support is, I think telling.
I welcome my hon. Friend the Member for Ynys Môn, who is sitting in the Public Gallery. She has campaigned and worked very hard on this matter, on top of being a most assiduous constituency MP on other matters. If I remember rightly, her swearing in to the House was done in Welsh, which shows her commitment to the characteristics of her constituency. Since she entered the House, she has argued that local people sent her here to do just that, and I am glad that she is here to listen.
As the hon. Member for Ceredigion explained, Ynys Môn, which covers 715 sq km, is the fourth largest island in Great Britain in terms of geographical size, excluding the mainland—to be precise, that is including Holy island to the west. With an electorate of approximately 50,000, based on 2019 data, Ynys Môn is comparable to other islands that enjoy protected constituency status.
I am of course mindful that each additional exception slightly chips away at the underlying principle of equally sized constituencies—I will bring that argument into my own remarks before anyone else makes it. It is a consideration that we have to include in this decision. However, I am persuaded that the creation of Ynys Môn as a protected constituency would address an anomaly. It is the only island in the UK whose electorate and geographical area fall squarely within the range of the currently protected constituencies. It has a considerable electorate, sitting between those of the other protected constituencies: Na h-Eileanan an Iar is at one end, with an electorate of just over 21,000, and the Isle of Wight is at the other, with 111,000. The argument that Ynys Môn belongs among the protected constituencies is compelling.
Amendment 14 also responds in part to something else we have heard in this Committee, which is that Wales is likely to see a reduction in the number of its constituencies. For a variety of historical reasons, which we have discussed already and may discuss later when debating other amendments, Welsh constituencies are slightly smaller on average than most UK constituencies. Given that the next boundary review will seek to create constituencies that are equal in size, it is likely to result in fewer constituencies in Wales. It is relevant to note that the creation of an appropriate protected constituency on Ynys Môn will mean that the electorate of that island will not be included in any calculation relating to the number of constituencies in Wales.
This amendment also means that there will be at least one protected constituency in each part of Great Britain, which helps demonstrate the importance with which we regard those component parts of the Union, and that we think these are important, relevant considerations. We believe that Ynys Môn, with its sizable electorate and particular geography, would make an appropriate protected constituency to sit alongside the others. As I have already confirmed, we intend to accept amendment 14.
John Spellar
Can we have some clarity on how the arithmetic works? Will Wales be taken as a block and allocated a number of seats, from which the protected seat would then be abstracted and its quota spread among the other seats? Alternatively, will Wales’s population be included with England’s and Scotland’s, so that all the protected seats are taken completely out of the equation and the basic figure for constituencies will be decided quite separately from the protected constituencies?
Chloe Smith
I believe it is the former; indeed, that is what the consequential amendments in this bundle go on to do. We can complete that argument when we discuss the tolerance and the way in which the quota is arrived at.
I will now deal with the fact that a couple of amendments are grouped together, and other Members have already asked questions about the procedure. I assume it would be in order for me to indicate that I would like to accept amendment 14 and new clause 10, but not new clause 6 and its associated amendment. That is for the very good reason that consequential changes to the Parliamentary Constituencies Act 1986 are required to fully implement this protected constituency, and we need to ensure that those consequential changes are made by the amendments tabled by my right hon. Friend the Member for Basingstoke, not those tabled by the hon. Members for Ceredigion and for Glasgow East. That is not to say that those Members have not made good arguments today—they have—but I intend to accept the amendment tabled by my right hon. Friend the Member for Basingstoke. I hope that is in order, Mr Paisley. I think I have answered all the points raised.
Mrs Miller
I thank the Minister and also the hon. Members for Ceredigion and for City of Chester for their kind words and support for this approach to achieve what we all want. The Minister has indicated that she will accept amendment 14 and, when we come to it, new clause 10 as well. It is my hon. Friend the Member for Ynys Môn who has campaigned for this change, this protection, and today’s debate reflects her assiduous hard work and the understanding that she has of the community that she represents.
Amendment 14 agreed to.
The Chair
An historic day, colleagues! The next amendment on the paper is amendment 10, but that was debated last Thursday and David Linden indicated that he did not wish to press it to a Division. Unless Mr Linden has changed his mind, which could happen, we will move on.
Schedule, as amended, agreed to.
Eddie Hughes (Walsall North) (Con)
On a point of order, Mr Paisley. It would probably be more appropriate if we pause and continue our deliberations this afternoon. I therefore beg to move that our deliberations be now adjourned.
Ordered, That further consideration be now adjourned. —(Eddie Hughes.)
Parliamentary Constituencies Bill
Tuesday 14th July 2020
(4 years, 5 months ago)
Commons ChamberRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 14 July 2020 - (14 Jul 2020)
17:59 - The House divided: - Ayes: 246 / Noes: 342 - Question accordingly negatived.
18:16 - The House divided: - Ayes: 50 / Noes: 339 - Question accordingly negatived.
18:31 - The House divided: - Ayes: 237 / Noes: 339 - Question accordingly negatived.
Cat Smith (Lancaster and Fleetwood) (Lab)
I beg to move, That the clause be read a Second time.
Mr Deputy Speaker (Mr Nigel Evans)
With this it will be convenient to consider the following:
New clause 2—Allocation of constituencies—
‘(1) Rule 8 of Schedule 2 to the 1986 Act (the allocation method) is amended as follows.
(2) After rule 8(5) insert—
“(6) Notwithstanding the allocation of constituencies according to the allocation method set out in rule 8(2)(5), there must be a minimum allocation of constituencies as follows—
(a) Wales must be allocated at least 40 constituencies (including the protected constituency);
(b) Scotland must be allocated at least 59 constituencies (including the two protected constituencies);
(c) Northern Ireland must be allocated at least 18 constituencies; and
(d) the allocation of constituencies must be adjusted accordingly.”’
This new clause seeks to protect representation in the devolved nations by securing a minimum number of constituencies in each of the devolved nations.
New clause 3—Definition of “electorate”—
‘In rule 9(2) of Schedule 2 to the 1986 Act, for “whose names appear on the relevant version of a register of parliamentary electors” substitute “who are estimated by the Electoral Commission to be eligible to vote in an election, were they to register”’.
This new clause would change the definition of ‘electorate’ to include all potential electors, both those who are on an electoral roll and those who are not.
Amendment 1, page 2, line 19, leave out clause 2.
This amendment aims to maintain the status quo of parliamentary oversight within the boundary review process.
Cat Smith
It is a pleasure to speak again on the Bill, as it gives me the opportunity to put on the record the Labour party’s support for the boundary review in time for the next general election. I would like to start by thanking all the right hon. and hon. Members who served on the Bill Committee—in particular my hon. Friend the Member for City of Chester (Christian Matheson), who regrets that he cannot be with us this afternoon.
Our current constituencies were drawn up on electorate data that is now nearly two decades old; we cannot go into the next election with constituencies based on data that will, by then, be a quarter of a century out of date. Our country and our communities look very different, and the review will take into account new electors as well as significant demographic shifts. A review is urgently needed, and the Opposition do not stand in the way of that.
Throughout the Bill’s passage, we have worked constructively to improve it for the good of our democracy, and there have been areas of distinct improvement along the way. The size of the House of Commons has varied massively over the centuries. The largest Commons, in 1918, came in at 707 MPs—they really would have struggled with the social distancing measures we are adhering to. However, certainly in the last two centuries, we have not dropped below 615 MPs. Reducing the number of MPs while maintaining the size of the Executive was always an affront to democracy, and I welcome the Minister’s U-turn on that matter. Given our departure from the European Union and this Government’s chaotic handling of the current pandemic, it is clear that there will be plenty of work for 650 MPs.
We supported and welcomed the amendment in Committee to use the March 2020 register for the new boundary review. It is important that we use the most accurate snapshot of our country to draw up our electoral boundaries. The inclusion of Ynys Môn as a protected constituency is something that the Labour party has long campaigned for, although I was surprised to see the Minister support it in Committee, given her party’s previous firm opposition to it. But then I remembered that the Tories may have an alternative motivation for suddenly recognising the island’s unique status. I welcome that recognition all the same.
Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
I have been listening intently to what the hon. Lady has been saying, and at the very beginning of her speech she lamented the fact that it has been so long since we implemented the recommendations of a boundary review. The explanatory note to amendment 1, to which she is now speaking, says that the amendment
“aims to maintain the status quo”.
Does what she said not prove that the status quo has not been working, hence why we have brought forward this Bill?
Cat Smith
Quite the opposite: I am arguing that under the status quo the only blockage to the passing of a boundary review has been the Government, and they would, under this Bill, still have the power to put up the same block as they have the past two times that a boundary review has failed to go through this House. It is worth noting that if it was not for parliamentary oversight, we would have a 600-seat Parliament today. Perhaps that is an example of parliamentary scrutiny at its best.
John Spellar (Warley) (Lab)
My hon. Friend is getting to the nub of the issue. The reason why the Government failed to put the past two boundary commission reviews to the House of Commons was that their stubbornness in sticking to 600 seats meant that they would not be carried. The fault lay with the Prime Minister rather than with the House of Commons. That is the real problem.
Cat Smith
My right hon. Friend made some thoughtful and interesting contributions in Committee and continues to do so on Report. The points he raised are entirely correct. The Government would do away with Parliament’s role in the process—a role that Parliament has always had. In short, the Bill removes the power from Parliament and hands it to the Executive. The Government’s justification for the change simply does not stack up. The Minister says that her Government are removing Parliament from the process to prevent delay and interference from MPs, but according to Professor Sir John Curtice—and who are we to challenge him?—delay and interference by the Executive will still be “perfectly possible”.
Mrs Maria Miller (Basingstoke) (Con)
I apologise for interrupting the shadow Minister’s train of thought, but she keeps repeating this “fact”, which is not a fact at all. The Bill actually takes away power from the Executive; it does not give the Executive more power, because it removes the reserve powers of Government to amend the boundaries. The hon. Lady needs to set the record straight; otherwise, she risks misinterpreting the Bill for a wider audience.
Cat Smith
I thank the right hon. Lady for her intervention, but I am afraid that I quite simply disagree. This Bill takes power away from the whole of Parliament and hands it to the Executive. After all, they are the ones who can table primary legislation and choose to bring forward or not to bring forward the report for a vote. The power has been in their hands, which is why we are in the mess that we are in today with boundaries that are 20 years out of date, and looking to be a quarter of a century out of date by the next election if we do not make progress with this Bill.
In her speech on Second Reading, the Minister stated that the removal of parliamentary oversight and approval would quicken the process, thereby avoiding wasting public time and money. If she is so concerned about wasting public time and money, why did she allow the commissioners to carry on with their sixth periodic review and then not bring it to Parliament for a vote?
New clause 1, which stands in my name and in the name of the Leader of the Opposition, is a pragmatic and constructive amendment. I very much hope that Members will consider supporting it. It seeks to alleviate the inevitable break-up of communities resulting from the too narrow 5% quota. While the commissioners should always aim to hit electoral quota, in some particularly challenging cases this new clause would allow them to have a greater flexibility of 7.5%. This 5% variance from electoral quota was first introduced at the sixth periodic review, and it was introduced alongside reducing the number of constituencies to 600. That is important because, at 600 constituencies, a 5% variance is approximately 4,000 electors either side of quota, but at 650 constituencies, which is what we have before us today, a 5% variance narrows and is approximately just 3,500 electors either side of quota, making it even more difficult to keep wards whole and communities together. The 5% variance needs to be adjusted in line with the number of constituencies. When we consider that the average urban ward in England is around 8,000 electors, we can appreciate the significance of needing at least 4,000 electors either side of quota to prevent the breaking up of wards and communities.
Chris Elmore (Ogmore) (Lab)
A further point about the need for this 7.5% is that it would particularly help seats in Wales, where the geography of seats, including my own, covers three or four valley communities. The extra flex would allow communities to stay together, especially where the physical geography means that people cannot travel from one valley to another without going up and down the other. These sorts of changes, therefore, really do make a difference in lots of rural and ex-industrial communities that have, shall we say, not-flat land masses.
Andrew Rosindell (Romford) (Con)
The hon. Lady talks about keeping communities together and about breaking up wards. Why does it matter if a ward is broken up? Surely communities are created through small building blocks. By discarding this almost obsession the Boundary Commission has had with entire wards, huge changes could be avoided and communities could stay together. Will she not support the idea that smaller building blocks are the way to create better constituencies that are community based, rather than artificial communities based on entire wards?
Cat Smith
I would argue that the wards, which are obviously drawn by the Local Government Boundary Commission, do actually reflect communities to a great extent. If we are to go down the path of splitting wards, we will end up with the ridiculous situation, like we did at the previous review, where constituencies such as Port Talbot had a shopping centre in one constituency and the high street in another constituency. My new clause seeks to minimise the chances of such ridiculous situations occurring again. Under the current Bill, the Commission will struggle to respect the factors laid out in rule five, which, of course, Members will know, are the existing constituencies, local government boundaries, local ties and geography.
During the evidence sessions of this Bill, the secretariat for the Boundary Commission for England spoke about the difficulties caused by this small tolerance, which makes it
“much harder to have regard to the other factors…such as the importance of not breaking local ties, and having regard to local authority boundaries and features of natural geography.”
He said:
“Basically, the smaller you make the tolerance, the fewer options we have…The larger you make it, the more options we have and the more flexibility…to have regard to the other factors”.––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 7, Q3.]
So while the Government keep saying the boundary commissions will listen to the views of communities in the drawing of the boundaries, some communities will literally be wasting their time putting forward those arguments if the restrictive quota will mathematically prevent the commissioners from respecting their views and the community ties.
Mike Wood (Dudley South) (Con)
The hon. Lady raises the case of Port Talbot in a previous review. Does she not accept that this was actually one of the reasons why it should be easier for the boundary commissions to split wards, because the whole point of the Port Talbot proposals was that they have to come to those combinations because they are working with entire wards?
Cat Smith
I think in the case of Port Talbot it was the 5% quota that meant that that decision had to be reached. When we are talking about quotas, we know that internationally a larger quota is used and promoted as best practice for securing fair representation. Indeed, the Council of Europe’s Venice Commission’s code of good practice in electoral matters recommends allowing a standard permissible tolerance of an average of plus or minus 10%.
As the Minister knows, there is a consensus amongst respected experts such as David Rosser and Professor Charles Pattie who agree that the 5% rule causes significant disruption to community boundaries.
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
We have heard from the other side a suggestion that we should use polling districts as the building blocks, not wards, but is there not a problem with deviating from wards? Wards are agreed by an independent commission, whereas polling districts are decided based on the location of the local church hall for use as the polling station. Surely we need independent commissions that create the building blocks of wards that then form the building blocks of constituencies. The only way to do that is with the 10% or 7.5% variance.
Cat Smith
My hon. Friend makes an important point about the legal standing of polling districts. Wards that are drawn up by the local government boundary commission have that independence in terms of the boundaries that they represent, whereas polling districts are for administration of elections done by local councils and, as he says, can be decided basically on their proximity to a church hall.
My hon. Friend the Member for Ogmore (Chris Elmore) mentioned Wales earlier, and this restrictive quota will disproportionately impact Wales. I know that many more Welsh colleagues will express their concern about the geographical challenges that the quota will throw up in Wales. With mountains and valleys dividing communities, the task of creating constituencies that make sense to those communities becomes extremely difficult.
I shall conclude by highlighting the fatal flaw in the Government’s arguments on the 5% quota. Throughout the Bill’s progress, the Minister has argued that a robust boundary review with a 5% quota will magically ensure that every vote carries the same weight. But the Government’s central argument turns on the ludicrous suggestion that the 5% quota will achieve parity of representation for all electors across the United Kingdom. On what planet does every vote count equally in this country? Leaving aside the fact that there are so-called safe seats, which effectively disenfranchise huge swathes of the population at every election, it simply is not true that every vote would count equally as a result of the Bill. At any given election, in the region of 9 million eligible voters are incorrectly registered and lose out on their chance to vote, and millions more will join them with the Government’s voter ID plan set to lock more people out of democracy simply for not having the right form of ID.
The new boundaries will not be based on the reality of the British electorate, with millions of eligible voters missing from the register, so can the Minister stop rolling out the line that somehow a 5% quota will revolutionise our electoral system and suddenly make every vote count equally? The truth is that she knows exactly what measures will make our electoral system more equal, because 11 months ago the Electoral Commission made clear recommendations, including encouraging the introduction of automatic voter registration. The Government still have not responded to those recommendations, meaning that the electoral register to be used as the basis for these boundaries is incomplete and patchy at best. When will the Government start to prioritise democratic engagement?
It is clear that the Government’s central argument about making every vote count falls at the first hurdle and that their secondary argument about the removal of Parliament’s role preventing delays to the process just does not hold water. As Professor Sir John Curtice pointed out, the Government can easily delay the process. The Labour party fundamentally rejects the Government’s attempt to end parliamentary approval for new constituency boundaries, and we ask that Members think hard and long about the impact of removing Parliament from the process. In its current form, this Bill is an insult to the House.
Alun Cairns (Vale of Glamorgan) (Con)
Thank you, Mr Deputy Speaker, for giving me the opportunity to contribute in this debate and to speak about some of the proposals that were discussed in Committee and that have been tabled on Report.
I wish to begin by paying tribute to the Minister of State, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith), who has responded positively on Second Reading and in Committee to the concerns and challenges highlighted in respect of the Parliamentary Voting System and Constituencies Act 2011. As we all know, this is an extremely important Bill that goes to the heart of our democracy, requiring and demanding fair play at each and every stage. She has responded to concerns from Members from across the House in a fair, balanced and pragmatic way. Despite the warm tones from the shadow Minister at the outset of the debate, the new clauses and amendment that have been tabled are nothing short of wrecking proposals. Despite seemingly suggesting that they were in favour of the Bill, Opposition Members are doing everything possible to stop it. We all know that equalisation and fairness are at the heart of the Bill, yet the Opposition are determined to table amendments to provide for wider variation. This Bill seeks to reduce such variation, and the Opposition proposals would leave us with less fair outcomes.
Equalisation has not been pursued in the purest form, as it would be unfair. Naturally, there is that 5% variation the we have already heard about, which this and the previous Bill allowed for, in order to make things practical and to enable local variations to take place where necessary. I commend the Minister for the way in which she responded in Committee to the unique circumstances of Ynys Môn to protect the integrity of representation of the island community, constituency and authority area. I pay tribute to my right hon. Friend the Member for Basingstoke (Mrs Miller), who introduced the amendment on this issue in Committee, presenting such a strong argument that it has been recognised by the Minister, to whom I pay tribute for the way in which she responded.
We are all familiar with the data showing that Wales currently has a disproportionate number of smaller constituencies, so equalisation will naturally have an effect, but this also ties in with the enhanced role and powers of the National Assembly. There is a logic behind the Bill and the Minister’s thinking. This approach follows the precedent that Labour pursued when the Scottish Parliament was established, with equalisation of constituencies between Scotland and England. It is logical that Wales follows suit, particularly given that the Assembly has become a Parliament with tax-varying powers. However, the 2011 Act and the earlier draft of this Bill left an anomaly, in the form of Ynys Môn. As an island community, it was being treated differently from the Isle of Wight, Orkney and Shetland and the Western Isles. I can appreciate that the fundamental part of the 2011 Act was to reduce the number of MPs from 650 to 600, which left less scope to answer the Ynys Môn argument. However, this Bill providing for 650 MPs has enabled the Minister to respond positively.
After all, this argument has been supported on both sides of the House. My hon. Friend the Member for Ynys Môn (Virginia Crosbie) has been pressing the case from the very first day that she came to the House. She has pushed, encouraged and debated in favour of the special case that is Ynys Môn and has presented such a strong argument that even my right hon. Friend the Member for Basingstoke decided to pursue it in Committee, which obviously won support from the Minister.
Mark Tami (Alyn and Deeside) (Lab)
Could the right hon. Member tell the House whether he argued this case in the past and voted that way?
Alun Cairns
I am grateful for the right hon. Member’s intervention. I looked through Hansard to see what the standing of the Labour party on this debate was, and it took a considerable time to find that the predecessor of my hon. Friend the Member for Ynys Môn, Albert Owen—a friend of the right hon Member and a friend of mine—did raise it, but it was quite a long time before that became a debate, so I think the right hon. Member overstates his support of the argument.
We should recognise that not only is Anglesey—Ynys Môn—an island and its own constituency, but it also has its own local authority. When local government boundaries were being considered as part of the Local Government (Wales) Act 1994, the case for Ynys Môn was recognised, creating Ynys Môn as its own authority in its own right, in spite of the challenges of having a smaller population than others. Clearly the responsibility to meet all the obligations of all local authorities would be challenging for such a small community. The 1994 Act recognised the importance of the island’s make-up, which is further recognised in the Bill before us. The amendment that the Minister has accepted recognises that too.
As I mentioned, there is cross-party support for this amendment. I recognise the strong case that my hon. Friend the Member for Ynys Môn has made for its status, and I also recognise that her predecessor, Albert Owen, made a similar case at a late stage of the Bill. The Bill goes to the heart of fairness in representation and will ensure that communities are respected. Accepting and responding to calls from my hon. Friend shows that. I commend the Minister for the way she has responded to the debate and to the case made by my hon. Friend and welcome her acceptance of the amendment.
David Linden (Glasgow East) (SNP)
It is a great pleasure to follow the right hon. Member for Vale of Glamorgan (Alun Cairns). I have to say, I found it quite strange hearing a man whose job in the last Government was to stand up for Wales in the Cabinet give such full-throated support to a Bill that will see Wales lose eight seats. Someone whose job in Cabinet was to be the voice of Wales has just stood up and said that he is quite content to see Wales lose seats, but that is a matter for him.
I rise to speak to new clause 2, which is in my name and those of my hon. and right hon. Friends. I want to start by thanking again all Members with whom I served on the Bill Committee, which I admit I probably took an unhealthy amount of joy and pleasure from. I suspect that I was not the only one—the hon. Member for Heywood and Middleton (Chris Clarkson) had a “Rain Man” effect on some of us quite a few times. It was a meeting of minds for parliamentary geeks and psephologists, and in my view, it did not last long enough. All members of the Committee were thoughtful, engaging and good-natured. In particular, I enjoyed my exchanges with the Minister and the hon. Member for Lancaster and Fleetwood (Cat Smith), who led for the Opposition. Remarkably, this is the first time that all three of us have managed to get out of a boundaries Bill Committee without gaining extra offspring—that said, the Bill has not had Royal Assent yet, so we will not count our chickens.
On Second Reading, I made it clear that the Scottish National party will not oppose the Bill, not because it was in any way perfect—far from it. However, we genuinely welcomed the Government’s U-turn on cutting the number of constituencies from 650 to 600. I was delighted to see clause 5 in the Bill, and I was probably the only Member who spoke to it with such enthusiasm in Committee. I think that some Conservative Members found it quite difficult to speak in support of clause 5, which reversed what they had enshrined in law through the 2011 Act.
I wholeheartedly agree with the Minister that our exit from the European Union means that there will be more legislative work for hon. Members to undertake, and therefore, cutting the number of MPs would be a very silly move, but I will return to that point later.
Before I turn to my concerns about the Bill, I want to welcome the amendment that we passed in Committee in respect of Ynys Môn, which will finally be a protected constituency, joining the Isle of Wight, Orkney and Shetland, and Na h-Eileanan an Iar. Anglesey, on which I have certainly enjoyed a holiday, was first established as a constituency in 1536—probably around the point when the current Leader of the House was colouring in “Erskine May” as an enthusiastic toddler. In all seriousness, there was unanimous support in Committee for the proposal to protect Ynys Môn and I am glad that we achieved at least one change in our deliberations on the Committee Corridor. However, I bitterly regret the fact that the Government did not compromise on more issues because, as I said on Second Reading, the Government might have a majority in this House, but they certainly have no monopoly on wisdom. There are still aspects of this Bill, even as amended, that trouble me deeply, and I will outline them now.
First, there has rightly been much discussion about the controversial issue of automaticity. I was remarking to my friend the hon. Member for Lancaster and Fleetwood earlier this week that we do not actually know whether automaticity is a word, but it was certainly coined and used over and over again in Committee. We heard lots of evidence on both sides of the argument concerning Parliament’s role in having oversight of the Boundary Commission’s recommendations. While many of the points made by witnesses and Government members of the Committee were thoughtful and sincere, I am still not persuaded of the merits of this provision. We were repeatedly told during the Brexit process that Parliament is taking back control and that Parliament is sovereign. In my view, this move does exactly the opposite, with Parliament ceding its role of parliamentary oversight. Clause 2 of the Bill would enshrine this blatant power grab in statute, and therefore my party will support amendment 1 if my friend the hon. Member for Lancaster and Fleetwood chooses to divide the House.
Secondly, I am in favour of Labour’s new clause 1, which deals with the electoral quota. The Scottish National party supports a wider tolerance and we feel that moving to 7.5% is a reasonable compromise that would give boundary commissioners more flexibility in drawing up more manageable constituencies, which would be welcome. Certainly, the evidence we heard in Committee is that they are looking for as much flexibility as possible, and I think that it is incumbent upon us to respond to that. If my pal from Lancaster and Fleetwood puts new clause 1 to the vote, we will support Labour on that as well.
Thirdly—this is the nub of the matter for me—the Bill is absolutely rotten for the devolved nations, which is why I and my hon. Friend the Member for Ceredigion (Ben Lake) have tabled new clause 2, which we will seek to divide the House on. I want to outline to hon. Members precisely why we have chosen to focus on new clause 2 on Report and why I feel so passionately about this, but, more importantly, why I believe that others should too.
As I made clear on Second Reading and in Committee, bluntly, I do not want to see any Scottish seats in this House. Constitutionally, I do not want Scotland to be a part of the United Kingdom at all, because Scotland is a nation, and nations are best served when they govern themselves. However, I am a democrat and I accept that until the people of Scotland vote by a majority for independence in a referendum, we must continue to participate with diligence in the proceedings of this House and give Scotland a strong voice in accordance with the mandate delivered by our constituents, regardless of which party we represent.
As I have said repeatedly, Scotland’s current representation in this House, and indeed that of Wales, must not be diminished or reduced in any boundary reform. However, the reality of the Bill is that Scotland will lose three seats and Wales will lose eight. That is far from the Westminster respect agenda that people in Scotland were promised in the wake of our 2014 referendum result. Indeed, it is a democratic outrage and it is not one that we will stand for.
It is not just nationalists in this House who should be concerned about diminished representation in the House of Commons for the devolved nations. Surely every Union flag-waving, “Rule Britannia” singing Member in the Scottish Conservatives should be able to see that Scotland’s voice being diminished in Westminster is bad for the harmony and integrity of their precious, precious Union. What we see in the Bill is a blatant power grab of seats from the devolved nations, with them being given directly to England—[Interruption.] The right hon. Member for Vale of Glamorgan seems to suggest that he is unhappy about that. He can challenge it if he wants to, but that is the reality in the Bill. It is a power grab of seats from the devolved nations—the devolved nations that he was meant to stand up for in Cabinet. They are being taken away from countries such as Wales and given to England. That is a fact, and if he cannot stand up and refute that, I am afraid that it is on the record.
Gareth Johnson (Dartford) (Con)
Does the hon. Gentleman accept that the primary purpose of this legislation is to ensure that votes have equal weight, and if he does accept that will he therefore also accept that his amendment would drive a coach and horses through that basic principle, because votes will count for far more in Wales and Scotland than in rest of the United Kingdom?
David Linden
I would make two points on that. First, the primary purpose of this Bill is, I suspect, to reverse the mess made by the Parliamentary Voting System and Constituencies Act 2011, which sought to reduce the number of seats in this House from 650 to 600. That is the whole point behind clause 5, which I am sure the hon. Gentleman has read assiduously. Secondly, if Members want to talk about fairness in the voting system, we should start by looking at the broken first-past-the-post electoral system, where we have Members who have majorities of nearly 40,000. So if the hon. Gentleman wants to talk to me about equal voting, we can absolutely do that, but we must not ignore the elephant in the room that is the broken first-past-the-post system.
One thing that is even more illogical about this is the fact that legislation once made in Brussels is soon coming back to Westminster as a result of our exit from the European Union. Scotland, which used to have six Members of the European Parliament, has lost that representation, and it is now expected to lose further representation in this place when legislative powers return from Europe. That is wrong; even Unionist Members in this House must recognise that.
So when the Division bell rings tonight and hon. Members decide how to cast their vote on new clause 2, they must ask themselves if they still believe that Scotland should lead the United Kingdom, as we were told in 2014, or was that in fact just hollow words in the heat of a referendum campaign to pull the wool over the eyes of the people of Scotland? Voting to affirm reduced or diminished representation for the devolved nations in this place is an unforgivable act, which will only seek to reinforce the view that Westminster does not care what the devolved nations think and we might just be better with independence after all.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. I am sure colleagues can see that there is a lot of time pressure in this debate. I urge Members to stick to a maximum of six minutes, rather than having me impose a time limit at this stage. If Members can do that, we will see how we get on.
Chris Clarkson (Heywood and Middleton) (Con)
First, I thank the Minister and her team for their hard work on this Bill. There are a select few of us in this House who can get excited about boundary reviews, and most of us are here today, and I thank her for indulging my psephological exuberance throughout.
I will speak about the merits of the Bill before turning to the amendments. At its heart, the Bill is about fairness; it is about recognising that everybody in this country should have an equal voice in our democratic process. Fundamentally, it is about saying that no one person’s vote should count more than another’s. There will be some in this Chamber who believe that that is the case already, and no doubt we will hear a series of eloquent speeches about that to one effect or another, but the crux of the matter is that there are some parts of the United Kingdom where just 56,000 people can send the same number of representatives as 100,000 in another.
Before this is hand-waved by Opposition Members as a ploy to make the electoral geography somehow better for one party or another, we need to understand the basic principle of electoral equality. This idea is not new; it was not cooked up in some trendy centre-right think-tank over on Millbank the other day. It started with the Chartists back in 1838, who, in the “People’s Charter”, called for this measure to be introduced as an essential cornerstone of our democracy.
As I mentioned in the Bill Committee, we do not need to look far for extreme examples of disparity. Greater Manchester, where I am an MP, has 27 MPs whose electorates range from 63,000 to 95,000. How can that be fair or right? My own seat, Heywood and Middleton, is around 111% of the electoral quota. Why should my constituents’ voices count for less than those of voters in Wirral West or Preston?
The issue is not just about apportionment within regions or counties, however—far from it. Using the December 2019 figures, we arrive at an electoral quota—the number of voters per seat—of about 72,431. That should be the average size of every seat in every region, but it is not. In Wales, it is a shade over 57,900; in the south-east, excluding the Isle of Wight, it is nearly 78,500. As a tenet of fundamental fairness, we simply cannot turn a blind eye to such disparity.
I accept that, historically, there are good reasons for that malapportionment—to ensure that the four nations of our Union could all have a voice in this place—but Scotland now has a Parliament that is the most powerful devolved legislature anywhere in the world, Wales has the Senedd and Northern Ireland has its Assembly. Outside London, there is a patchwork of uneven devolution settlements in certain counties and metropolitan areas, none of which comes close to those devolved legislatures.
David Linden
This is an argument I considered perhaps in response to the hon. Member for Dartford (Gareth Johnson). What the hon. Gentleman is missing here, of course, is the fact that we have English votes for English laws in this House under Standing Order No. 83W. English votes for English laws rather negates the idea that the imbalance in terms of devolution can be worked out under the Bill.
Chris Clarkson
The hon. Gentleman makes an eloquent point, but I disagree with him fundamentally. At the end of the day, there is no devolved legislature for England. This is a temporary fix that could be addressed by introducing a level of electoral fairness. I am more than happy to have a discussion about constitutional reform with anybody, but that is not what this debate is about. I am a Unionist to the tips of my toes, but I do not think that the Union will be reinforced by giving unfair or special treatment to one country at the expense of another.
Turning to some of the new clauses and amendments that have been tabled, new clause 1 seeks to change the variants of the electoral quota to 7.5%. That is, in effect, 15% between the smallest seat and the largest. In practice, that is a difference of about 10,860 voters, give or take. The argument put forward in Committee was that it would lessen the disruption needed to bring 650 seats into quota. Of course, that entirely ignores the fact that there will be a high level of disruption regardless. By its very nature, correcting 20-year-old boundaries and ensuring a fair distribution of seats in every nation and in every region will result in some disruption. I demonstrated that in Committee by pointing out that of the 10 Conservative seats represented, just one would have remained unchanged with a 7.5% variance. In fact, so many electorates have now deviated from the mean, it seems improbable that there will be minimal change.
The other argument put forward was that a 7.5% variance would avoid splitting communities or needing unusual combinations of wards from multiple authorities. As my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke)—sadly, he cannot be with us today and has expressed his disappointment at not being able to—quite sensibly put it, that could be addressed by splitting wards. The Boundary Commissions for Scotland, Wales and Northern Ireland already do that. The Boundary Commission can do that in England, but it prefers not to for the sake of ease. This should not be about doing what is easiest, but what is best.
James Grundy (Leigh) (Con)
Does my hon. Friend agree that the solution Labour proposes in new clause 1 is somewhat crude and inelegant? It does not properly address the concerns many Members have regarding the creation of coherent constituencies and it undermines the core principle of carrying out a boundary review—equalising electorates. Does he furthermore agree that a better model is the extant one used by the Boundary Commission for Scotland, which splits wards into their component communities where necessary to create coherent constituencies, rather than ones that merely meet the narrow requirement of electoral quotas?
Chris Clarkson
I thank my hon. Friend for his intervention, which is, as always, well-considered and eloquent. I completely agree with him. The Boundary Commission for Scotland has already demonstrated that it is perfectly capable of splitting wards using postcode data. There is nothing in the legislation that prevents the Boundary Commission from doing that; it is simply a choice not to act, and that cannot be a good enough foundation.
Andrew Rosindell
I totally agree with what my hon. Friend is saying. The absurdity of entire wards making constituencies that divide communities, particularly in places such as Greater London, where we have huge wards in my constituency of 10,000 or 12,000, means that changing that involves massive upheavals and breaking up communities, so he is absolutely right that the Boundary Commission must be more flexible on this point.
Chris Clarkson
Certainly, in some of the larger metropolitan boroughs, there is what I call the martini paradox, where three wards is not quite enough and four is too many.
Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
I am listening to the hon. Gentleman’s speech with great interest. I wonder if he agrees with me, as an advocate for democracy, that we should have automatic voter registration. That would genuinely ensure that everybody gets an equal voice.
Chris Clarkson
If the hon. Lady will bear with me, I will come to that point when I address new clause 3.
I do not support new clause 1; I think that it is intended to undermine the concept of electoral equality and that it would cause further exponential disruption in future reviews as seats get further and further away from the mean, exacerbated by the large deviation permitted
New clause 2 is unconscionable. Setting a minimum quota for each nation would ultimately lead to one of two outcomes: either the malapportionment that we currently have, whereby some votes count for nearly twice as much as others, or the situation that developed in Canada, which has minimum quotas for areas and where rafts of new seats had to be added to Parliament to ensure some level of electoral equality. Under that approach, if Wales were to maintain its 40 seats, Greater Manchester alone would have almost as many MPs and the south-east would have well over 100. When we have one eye on the overpopulation of the other place, it strikes me as frankly bizarre that our nationalist friends should seek to pack this one, too.
David Linden
The hon. Gentleman knows that I have a lot of time for him, but he will recognise that the rule in the Parliamentary Constituencies Act 1986 was introduced under the Government of Margaret Thatcher. The number of seats in Scotland was then amended from 73 to 59, in recognition of devolution. It is a well- established process that the devolved nations have that protected constituency; indeed, it was a Tory Government who put it in place.
Chris Clarkson
The hon. Gentleman knows that I have a lot of time for him, too. I am not here to blindly say that I agree with everything that my party has ever done; I think that using an electoral quota is a much fairer way of doing it.
As I say, it strikes me as frankly bizarre that when we are concerned about the overpopulation of the other place, we should be trying to pack this place out. The hon. Gentleman played an extremely constructive role on the Bill Committee, with some very sensible proposals —he is one of us! [Interruption.] I mean an electoral geek, obviously. It is just a shame that his new clause 2 does not follow that lead, so I will give it “D minus —must try harder.”
Let me move on to new clause 3, which I think our Liberal Democrat friends might find a bit disappointing, too. Although on some level I have sympathy with the idea of including those who are not on the electoral register, we have to use the fairest and most consistent data available to us, which is the electoral register. If some people choose not to be on it, that is their choice. Similarly, some people will not qualify, and it is unfair to try to guess who those people might be. In either case, I do not think that adding additional people to the register will improve any electoral chances.
Lastly, I turn to the concept of automaticity, which is covered by amendment 1. I hardly need—
Madam Deputy Speaker
We are not really doing very well so far, are we? We will have another go at trying to stick to six minutes. John Spellar, I am sure, will do that.
John Spellar
I shall certainly try, Madam Deputy Speaker.
Can we be frank? Boundary changes are a real nuisance, but a necessary nuisance. We all accept that they have to happen, even though they are a problem for Members of Parliament, and indeed for political organisations and often for constituents. Everyone accepts that; what people do not accept is gratuitous disruption, which is what we have had over the past 10 years.
Let us be clear about what the Bill is trying to do: it is trying to clear up the mess from the shoddy, squalid deal between David Cameron and Nick Clegg, into which they both put exercises for party political advantage. The Lib Dems thought that they would get proportional representation; the Tories thought that they would rig the redistribution process; and neither worked. One of the reasons why there was such opposition in Parliament, and why the changes were never put to Parliament, was precisely that the Government knew that they could not command a majority among their own Members, who recognised that. Several Chief Whips tried to persuade very stubborn Prime Ministers of that fact.
Why did the problems occur? Basically, the idea was fatally flawed, and it was made worse by the 5%. That rigid demarcation ended up forcing the Boundary Commission to make decisions and plans that made no sense on the ground. Take Birmingham: one ward was taken out of Sutton Coldfield, which has never accepted that it is part of Birmingham, and transferred to Birmingham, Erdington, while another ward was taken from Birmingham, Erdington and put into Sutton Coldfield. Nobody was happy with that, but it was forced on them by the narrow constraints. Similarly, my constituency, part of which is right up at the edge of Birmingham, was moved right the way through Sandwell and into Dudley town centre.
There was no coherence, no community, between them, and everybody recognised that. Another one went from the middle of Halesowen right the way in a strip across Birmingham, and that was replicated all around the country.
Mike Wood
The right hon. Member will remember that the Halesowen and Selly Oak constituency was dropped by the Boundary Commission in its revised proposals. Does that not show how an independent Boundary Commission can respond well to reasoned arguments—rather better sometimes than parliamentarians?
John Spellar
Why did it come up with that in the first place when it was clearly such a dumb proposal? Parliament was the necessary corrective to this. It said: “This doesn’t work”, and by the way Conservative Members were still in a majority at the time. What’s even more extraordinary, in this Parliament, where the Government have a clear majority, they still do not believe they could carry the day with their own Members. There is a danger of that. There is a danger that the bureaucracy of the Boundary Commission will not pay regard to local sensitivities or communities and we will end up once again with boundaries of which Governor Gerry of Massachusetts, the founder of the gerrymander, would have been proud.
At the same time, it would be much better to go back to many of the basic principles, such as the principle, where possible, of not crossing borough or ward boundaries. In urban areas as well, these places form communities. The hon. Member for Romford (Andrew Rosindell) is right about the size of some of the building blocks. That is why, within boroughs and other areas, people might have to accept some temporary disparity, but that might be a better than having one MP representing part of a particular ward and another representing the rest. Equally, there is the problem of orphan wards, which we have in many areas of the boundary review, whereby one ward is in a constituency in another borough. Inevitably, the focus of the Member of Parliament will be on the main borough. It is unnecessary and gratuitous.
It all depends on whether people believe, as I certainly do, and many Conservative Members do as well, in the fundamental principle of individual constituencies with individual Members of Parliament, not proportional list Members. If people think that Members of Parliaments’ connection to their constituencies does not matter, that is fine—just have a national list. I fundamentally do not believe that—and by the way nor did the British public when they voted it down in a referendum.
Let us be clear: we want to ensure that parliamentarians represent their constituencies and their constituency interests, and that is why we need a parliamentary override and a slightly wider area of discretion, so that anomalies can be properly dealt with and responded to, rather than the artificial constructs the Boundary Commission is forced into—maybe sometimes it goes into them a little too willingly—instead of looking at the interests of localities, particularly in urban areas.
Gareth Johnson (Dartford) (Con)
I was actually enjoying the speech from the right hon. Member for Warley (John Spellar), and I agreed with some of his points, but it is worth pointing out that the purpose of the original decision by David Cameron and Nick Clegg to reduce the number of constituencies was to reduce the cost of politics at the time. [Interruption.] That was the argument put forward. Then we had Brexit and so on, but I actually agree with the principle of 650 constituencies in the UK, because if we are not going to reduce the size of the Executive, it would create some disparity, so I welcome the changes.
I congratulate the Minister of State, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith), and all the members of the Bill Committee on their work. It can be a complicated matter on occasions. We must not lose sight of the basic principle behind the Bill, which is to ensure that each vote in the UK carries the same weight—that there is an equal suffrage. When someone casts their vote in the polling station at any election, they should be confident that their vote is just as valuable as anybody else’s. We therefore need boundary changes to take place, because there is an unacceptable disparity now.
I agree again with the right hon. Member for Warley that we as parliamentarians and constituency MPs do not like boundary changes, because we put a lot of investment, time and commitment into building up a relationship with our constituents, communities, villages and towns, and at a stroke of a pen the Boundary Commission can remove that connection that we have worked so hard on. In some ways, these changes are welcome, but in some ways they can be very difficult.
The main reason I wanted to speak in this debate is that, as sad as it may sound, I was looking through the Hansard reports of the Public Bill Committee and an awful lot was said about the Organisation for Security and Co-operation in Europe and its attitude towards the electoral quota and how much tolerance there should be between the size of different constituencies. I am the UK lead on the OSCE, and I have looked into what it actually said. For Members who are unaware of its work, the organisation sends election monitors to various countries around the world to ensure they are carried out in a fair, impartial and democratic way.
The OSCE does not have a view on whether there should be a 5% or a 7.5% tolerance in the electoral quota, but it is worth noting what it states in its “Guidelines for Reviewing a Legal Framework for Elections”. It states:
“Electoral constituencies should be drawn in a manner that preserves equality among voters. Thus, the law should require that constituencies be drawn in such a way that each constituency has approximately the same population size…The manner in which constituencies are drawn should not circumvent the principle of equal suffrage, which is a cornerstone of democratic elections.”
Emma Hardy
I thank the hon. Gentleman for giving way. Since his hon. Friend the Member for Heywood and Middleton (Chris Clarkson) was unable to get to the point in his speech where he was going to answer my question, I will instead ask him. In this keenness to involve every person and make every vote count, what is his opinion on automatic voter registration?
Gareth Johnson
People have the option, if they want, to register to vote. That was made a very easy process by the previous Government, particularly through the actions of my hon. Friend the Member for Weston-super-Mare (John Penrose), who was at pains to ensure that people found it very easy to register to vote. Of course, people have the right not to vote if they wish. I would argue that automatically assuming that somebody wants to vote is incorrect.
John Spellar
I am glad that the hon. Gentleman read the Committee reports, but I am not sure he read my comments. I read out the OSCE’s recommendation that
“the maximum admissible departure from the distribution criterion…should seldom exceed 10 per cent”—
departure from the criterion would mean in either direction—
“and never 15 per cent, except in really exceptional circumstances”.
We were being quite modest; we were only asking for a 7.5% departure.
Gareth Johnson
I did read the right hon. Gentleman’s quote, and I have looked into exactly what that was. It was not the OSCE that said that, but the Council of Europe’s Venice Commission. It is clear from the quote I gave and from what the Council of Europe has said that the further we move away from the median, and the greater tolerance we give to departures from it, the less weight there is to each individual vote and the more disparity there will be between constituencies.
If the House allows for 7.5% to be the maximum departure from the electoral quota, we would be saying that the size of an electorate can differ by 15 percentage points between individual constituencies. We would then be going down a road where people’s votes would not count the same, so I think new clause 1 should be rejected for that reason. The main reason we are having boundary changes is to ensure we do not have constituencies that are too large, and we have got constituencies that are too large. We also have constituencies that are too small, where people have a greater weight to their individual votes. I argue that we should reject the 7.5% proposal.
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
Madam Deputy Speaker, I do apologise for attending the Chamber late—it takes me a little time to get here.
The hon. Member refers to avoiding making constituencies too large. The present constituency that I represent, if it had been enlarged under the David Cameron proposals, would have included Shieldaig, and the driving time from Shieldaig to Wick, which is also in the constituency—148 miles—is three hours and 15 minutes. What I want to put to the hon. Member and the Chamber is that this is not just about the number of votes, but about the right of access to an MP that the voters have. When an MP has to cover an area that big, surely there is a democratic deficit.
Gareth Johnson
This is perhaps one of the arguments behind keeping to 650 so the actual sizes of constituencies do not change. I have one of the few constituencies in the country that would actually have lost voters, even under the 600 formula, so there are a lot of differences between hon. Members’ constituencies.
I would ask that the Labour party supports this Bill as it goes through Parliament. The only thing in the Labour party’s manifesto about boundary changes was changing from 600 to 650. It has got what it asked for, and therefore should be supportive of the Government on this particular Bill.
Wendy Chamberlain (North East Fife) (LD)
I shall speak to new clause 3, tabled in my name and those of my other Liberal Democrat colleagues, and the hon. Member for Brighton, Pavilion (Caroline Lucas).
The Government’s rationale for this Bill is that they want to make every vote count equally, and we have heard that. I pointed out on Second Reading that an electoral system in which a Government can win a majority of seats in this House without a majority of votes is one in which votes can never count equally. What the Government really mean is that they want to ensure that constituencies are more or less equally sized. I think there is broad agreement across the House that, within our current electoral system, there are good reasons to do this, although there is clearly disagreement about just how strict that equality should be.
While we have spent much time discussing how much equality there should be between constituencies, we have not really addressed what I believe is a fundamental question: equality of what? That is why I have tabled my amendment. The legislation, as it currently stands, says that there should be equality between the electorates of different constituencies, and that equality should be determined as a proportion of the electorate of the country.
That is not the only option available. New Zealand, for example, uses the census to determine constituency sizes, and I am sympathetic to this. We provide public services to everyone in our constituency, regardless of whether they are eligible to vote or indeed registered to vote. However, my new clause does something else: it redefines what “electorate” means for the purposes of this Bill. Currently, the electorate within the scope of the Bill means all those people on the electoral roll. I would expand this definition. My amendment would include all those who are eligible to vote, not just those who happen to be on the electoral roll at the time of the review.
According to the Electoral Commission, over 9 million people who are eligible to vote are not currently on the electoral roll. I would suggest to the hon. Member for Heywood and Middleton (Chris Clarkson) that these are not necessarily people who choose not to vote. Our electoral register is incomplete by a large amount. That is a huge problem for our democracy, and it is a problem for this Bill and for what the Government hope to achieve by it, for how can we say that this Bill makes constituencies equal sized when it is based on an incomplete register that misses out nearly 20% of eligible voters? It is easy to think up examples. Two parts of this country may well have an identical number of eligible voters, but one local register may be more complete than the other, and as a result one part of the country counts for more than the other when it comes to the boundary review. That will be the reality when this review takes place.
This also raises questions about the value some Members are placing on this 5%. We must also remember that, by the time of the 2024 election, voters who have lived overseas for more than 15 years will, according to this Government’s manifesto, also be eligible to vote. This is a move that I and my party welcome, but it is another reason why the boundaries that this review will create will never be truly equal. They are out of date before they are even used for the first time.
The most concerning thing, however, is that the 9 million who are eligible to vote but not on the register are not just a random collection of individuals. The groups who are disproportionately likely to be eligible to vote but not on the roll include young people, renters, those for whom English is not their first language, and black, Asian and minority ethnic communities. As far as I am concerned, this is a total failure of public policy. Since the murder of George Floyd back in May, we have collectively reflected across this House on the fact that the structures and institutions that make up our society too frequently produce inferior outcomes for those people who are not white. Every Member of this House should be incredibly concerned about the fact that if someone is black, they are disproportionately unlikely to appear on the electoral roll. We are about to carry out a boundary review that will disproportionately exclude BAME people from being counted. That surely is not right.
That is the problem my new clause seeks to address. It would mean that the fact that our register is incomplete does not make a difference because the Boundary Commission would consider these potential electors too. It is entirely possible to treat 100% enrolment as an achievable goal.
Within this country, in Northern Ireland, there is a far more concerted effort to ensure that those in sixth forms and colleges are put on to the electoral register just as they turn 18. I welcome such assisted registration measures, which should be considered throughout the UK. The Government should accept that the annual canvass fails to register a huge number of people. Automatic voter registration is used in many countries, and it is an issue that the hon. Member for Bradford South (Judith Cummins) raised in her ten-minute rule Bill recently. Just last week, the Lords Select Committee on the Electoral Registration and Administration Act 2013 found the same thing. It said that completeness of the register had not improved, and it proposed automatic and assisted registration as well as ways to reduce duplicate applications. We have to be doing more on this issue, and I hope that the Minister will offer assurances during her winding-up speech that the Government are willing to engage with this issue.
Andrew Bowie
It will not surprise anybody that I rise in support of the Bill. The current boundaries of the parliamentary constituencies resulted from the fifth periodical review in Scotland. That was based on data gathered between 2001 and 2003, and completed in 2004. I was thinking about that earlier on, and I had a look at what was happening in 2004. What was in the news? Labour were seven years into a majority Government; the Hutton report was released; the European Union expanded, with 10 new countries joining; “Friends” aired for the final time—Rachel got off that plane; something called Facebook was launched at Harvard University, but I am sure it will never catch on; and Tony Blair banished—sorry, sent—Peter Mandelson to Brussels as our European Commissioner. It was a much simpler time. I was 17 and looking forward to my final year at school. My point is that this Bill is long overdue.
When the last Boundary Commission report altered the boundaries of West Aberdeenshire and Kincardine to their current state, the population in my constituency was just over 81,000. The population of West Aberdeenshire and Kincardine now stands at an estimated 97,041, which is an increase of 16,000. Interestingly, the electoral roll has also grown by about 10,000 in that period. That will come as no surprise to those of us who have witnessed the growth of Portlethen, Westhill and Banchory over this time.
This legislation and the resultant review are long overdue. The geography of many towns and settlements in my constituency has changed beyond all recognition, such has been the scale of house building over the past two decades, and that story is replicated in some form in every constituency across the United Kingdom. Constituencies are not stuck in aspic. People move, the economy evolves, and populations rise and fall, so it is welcome that the Bill requires the Boundary Commission to report every eight years from July 2023. We should never again be in a position where we wait what will be, by then, 19 years between reviews. Not, of course, that we have been waiting 19 years between reviews, because we all know that there have been various attempts and, indeed, various reports from the Boundary Commission between 2010 and now, but today I am glad that we will finally see progress and that in 2023 a report will be implemented.
There must be equal representation of all people in this place, wherever in the United Kingdom they live. Every vote should count the same. How can we have confidence that that will be the case? How do we know that Liberal Democrat shenanigans and parliamentary arithmetic will not get in the way of implementing the commission’s recommendations, as they have done in the past? [Interruption.] I will tell hon. Members why. It is because the single most important part of the Bill, clause 2, removes us MPs from the process. It is frankly ridiculous for MPs to vote on boundary changes. While I would never suggest that—
John Spellar
Is he saying that Parliament has been ridiculous for almost the whole of its existence? What was wrong with Parliament being involved in the final stage?
Andrew Bowie
I would never suggest that anybody who was in Parliament for all those years was in any way acting ridiculously, and I do not think that it was ridiculous, but it was quite clear that none of the commission’s reports would ever be implemented. The parliamentary arithmetic prevented them from being implemented, whenever it was attempted to do so.
David Linden
Part of the point that the hon. Gentleman is missing is that it is not just Members of Parliament who have that oversight; it is also their noble lordships in the other place. Is he aware of that?
Andrew Bowie
I am fully aware of that; I was speaking about the entirety of Parliament. I am going to get back to my speech, because I am conscious of time and I know that Madam Deputy Speaker would like me to wrap up quite soon.
I would never suggest that Members of this House would have anything but the good of our country and their constituents as their motive for supporting or opposing legislation in this place, but the practice of MPs voting essentially on whether to abolish themselves is wrong. We saw it with the previous iteration of this Bill in the last Parliament: there was talk of deals and swaps; colleagues and friends were eyeing each other suspiciously over the top of newspapers in the Tea Room, looking out for trip hazards at the top of stairwells. One almost fancied an early retirement, as one of my good friends said to me on my 32nd birthday.
Likewise, we cannot see essential boundary changes stymied by political machinations, as we did in 2012 when Nick Clegg abandoned the then boundary review, worrying that his party would lose about 15 seats. It is important that we oppose amendment 1 in the name of the Leader of the Opposition, which would seek—as it says in the explanatory statement—to “maintain the status quo”, because the status quo does not work. The draft Order in Council giving effect to recommendations no longer being subject to any parliamentary procedure or approval before it is made is an important and positive move, and hon. and right hon. Members should oppose amendment 1, which would remove it. Of course it remains in Parliament’s gift to create new primary legislation to manage this, as it always has.
I turn briefly to the Scottish National party’s new clause 2. I must admit that I was rather disappointed to see that it is so depressing in tone. Protecting seats in the devolved nations is, of course, an admirable thing to fight for, but to do so at the expense of English constituencies is deeply unfair. Had the new clause in the name of the hon. Member for Glasgow East (David Linden) sought to protect the number of English seats, I may even have found myself walking through the Division Lobby with my friend on the SNP Benches.
Andrew Bowie
I will not because of the time.
I am fully aware that SNP Members do not view us as one nation, but we Conservative Members most certainly do. We believe that there should be equal representation for every seat in the United Kingdom. I shall not detain the House any longer. This is a good Bill and it should have our full-throated support this evening.
Clive Efford (Eltham) (Lab)
Everyone on the Opposition Benches accepts that this parliamentary boundary review is overdue. I think we all also accept that what we want to achieve is equality in the weight of each individual elector’s vote. However, we found from the evidence that we took and our deliberation in Committee that that is not possible.
There are local circumstances that require flexibility in how we construct our parliamentary constituencies, and I very much favour flexibility for the Boundary Commission to be able to get on with its job. We heard from Mr Bellringer from the Boundary Commission, who said that greater flexibility allowed the commission the opportunity to facilitate local concerns and make the best of representations from local communities, and it allowed him to do his job more efficiently. We do not represent individuals alone. We represent communities. I firmly believe that if we create flexibility, we can protect the communities that the hon. Member for Heywood and Middleton (Chris Clarkson) referred to earlier. That is why the 5% rigid limitation that the Government want to impose is wrong.
The Boundary Commission wrote to the Committee with some additional evidence, in which it said that
“a ward is a unit of electoral administration”.
Breaking up wards therefore needs to be avoided because it creates difficulty in administering elections. But if that is true, it must also be true that to go across a local government boundary is even more disruptive. What we have to create for the Boundary Commission is the flexibility to avoid circumstances that force it to decide that a parliamentary constituency must take orphan wards from a neighbouring local authority area or bits of communities from a neighbouring area that do not really match up to the communities in the main body of the constituency. We must accept the need to minimise disruption of that kind, so we need to ensure that the people making the recommendations on parliamentary boundaries have the maximum flexibility to do their job.
Andrew Rosindell
I agree with much of what the hon. Gentleman is saying, but does he agree that sometimes a ward is completely artificial, so to break up a ward can actually unite a community, rather than divide it? Therefore, the Boundary Commission should be more flexible about using smaller building blocks, such as polling districts, or even an individual road that it makes sense to transfer into a constituency?
Clive Efford
I agree, provided it is within a recognisable local government area and a recognisable community, and there is support from the local community. In additional evidence the Boundary Commission sent, it talked about the administrative problems of going down to polling district level. The commission referred to getting Ordnance Survey to map all the polling districts in the whole country, but it seems to me that all it has to do is ring up the electoral registration offices, which can tell it how many people live in every road in every polling district. Why go to a separate organisation to find out information that is already recorded on a given date when we start the parliamentary boundary review? If that is already recorded and kept, all the Boundary Commission has to do is refer to it; then, it could go down to sub-ward level where that makes sense locally. I think the commission is creating problems for itself.
Why 7.5%? We had evidence from Dr Rossiter, who has researched this issue. He explained that as we go up from 5% to 6 % to 7% to 8%, although each percentage point seems a small amount, it improves the quality of the outcome, and that there are benefits from moving from 5% to 6 % to 7% or 8% because it improves the decision-making process. He then said that, beyond 8%, that benefit diminishes. The amendment therefore proposes 7.5%, and the experts who gave evidence favour a figure close to 7.5%. I ask the Government to reconsider their position, as they no doubt will in the other place, to look at the evidence and to accept that 7.5% is a much more sensible figure than the rigid 5% which we know has created problems in the past.
Clive Efford
No, because I heard Madam Deputy Speaker cough, which is telling me, “Efford, shut up.” I will conclude by making one point about parliamentary oversight.
If we had not had parliamentary oversight, we would now have 600 MPs, and I do not think anyone in this Chamber thinks we should have 600 MPs. Parliamentary oversight saved us from that gerrymander attempt, which I will not dwell on because I do not have time. It is Parliament that sets the rules, and in any process where someone sets the rules and sends someone else off to perform a function, at the end of it there must be oversight to ensure that the function was performed efficiently and according to the rules that were set out. That is what Parliament does. That is Parliament’s role in this area. Why do we not trust ourselves to perform the function that Parliament is put here to perform? If we set the Boundary Commission a task to perform, we should have oversight of the outcome. If we had not had oversight of the previous two reviews, we would have made the mistake of cutting our number to 600, with all the consequent chaos.
Cherilyn Mackrory (Truro and Falmouth) (Con)
This Bill is all about creating fair and proper representation in this House for everyone in the United Kingdom. Although there are many local challenges, we should be proud that the Bill aims to achieve just that, and for that reason I very much welcome it.
The Parliamentary Voting System and Constituencies Act 2011 put in place processes to reduce the number of MPs in this House from 650 to 600. In Cornwall, the number of MPs would have been reduced from six to five and a bit. Reducing the number of MPs in that way meant that it was highly unlikely that the boundary of Cornwall would be respected, but that a cross-border constituency formed of towns and parishes in both Devon and Cornwall could and would be created. When the Boundary Commission for England published its proposals for the new constituency boundaries, it produced a parliamentary seat that quickly acquired the nickname of “Devonwall”, which naturally caused considerable upset in Cornwall and a bit of damage to Cornish pride. I tried at the time to argue that it was the start of a takeover, but the commission was not buying it.
Cornwall is a historic nation with its own traditions, its own heritage and its own language, and in 2014 the Cornish people became protected through the Council of Europe’s framework convention for the protection of national minorities. I am happy to say that because of this Bill, the cross-border issue appears to have been rectified for now, and I am grateful to the Bill Committee.
John Spellar
Can the hon. Lady see the logical inconsistency? Had the provisions of the Bill about automaticity gone through, there would not have been any way of stopping that; they would have gone through, and Cornwall would have been disadvantaged under precisely that rule.
Cherilyn Mackrory
I thank the right hon. Gentleman for his intervention, but on this review, the mathematics mean that the people in Cornwall will be represented within its boundary, as we would expect.
Cherilyn Mackrory
I will press on, because we need to get other hon. Members this afternoon.
Constituency boundaries should coincide, where possible, with local administrative boundaries, which should help my hon. Friend the Member for Ynys Môn (Virginia Crosbie). I am pleased that the Bill, by reviewing the number of MPs needed for fair and effective representation, ensures that the United Kingdom will continue to have 650 Members to serve in this House and six whole, passionate, hard-working Cornish MPs.
It is worth remembering that, as well as protecting the culture and identity of national minorities, the framework convention seeks to protect the political integrity of territories. I am of the opinion that the Bill will help to protect the Cornish people as a national minority by affording us fair representation for effective government, and our boundaries will stay intact. Once the Bill has passed, it will be for the Cornish MPs, the local authority in Cornwall and local residents to work with the Boundary Commission to ensure that the identity of Cornwall is protected, with its six constituencies within its boundaries, to offer the equal and fair representation that the people deserve.
There is an appetite in Cornwall to look further at greater autonomy, and I am sure that the Government will be more than happy to work with Cornwall towards that goal. It is through that mechanism that I call for more permanent protection of Cornwall’s historic boundary, and I look forward to future conversations with Ministers to that end. If the local authority in Cornwall is serious about greater autonomy, I invite it to be part of those conversations with the Government at that time to achieve that. However, for now, I will continue to do what I can to ensure that my constituents in Truro and Falmouth get the fair representation that they deserve, as well as continued support through the current crisis and beyond, and I thank the Government for their part in that.
To that end, I support the Bill, and I support the Government’s attempts to safeguard and encourage democracy throughout the whole country.
Ben Lake (Ceredigion) (PC)
It is a pleasure to participate in this debate, and a particular pleasure to follow the hon. Member for Truro and Falmouth (Cherilyn Mackrory), with whom I agree quite strongly that Cornwall is its own nation and should be respected. Indeed, in Committee, we received quite a bit of evidence to that effect from Cornwall Council and Councillor Dick Cole, who drew our attention to the fact that the UK Government recognised Cornwall as a minority nation back in 2014, and that its territorial integrity in terms of representation in this place must be respected.
I wholeheartedly agree with the hon. Member that that should be addressed. Where we might disagree somewhat is that I believe we perhaps need to go further —this is something that could be looked at again under this Bill, perhaps in the other place—to see how we can ensure that those safeguards for the people and the nation of Cornwall are adequately protected.
Lloyd Russell-Moyle
I am a fan of the Kingdom of Sussex and I still sing “Sussex by the Sea” on our national day, but is that not an argument for keeping within county boundaries or historic national boundaries? We therefore need a higher variance on the number; otherwise, the Cornish will be saved this time, but they will not be saved next time.
Cherilyn Mackrory
I would like to take this argument when we have further devolution calls; at that point, because Cornwall has a special status, I would like to see the boundary protected.
Ben Lake
That is a very good point well made.
To return to more familiar ground—Wales—let me say in passing that I was very pleased to see Ynys Môn included as a protected constituency. I see that the hon. Member for Ynys Môn (Virginia Crosbie) is here. I congratulate the right hon. Member for Basingstoke (Mrs Miller) on her amendment. I tried to table a very similarly worded amendment—I see the right hon. Member gesturing—but it did not quite fit the bill. What is important is that the change got through. It is a rare day indeed when the Labour party, the Conservative party and Plaid Cymru find common cause on anything, so in that sense it is very good.
I am conscious that I was distracted earlier, so I will now keep to some points about Wales, and particularly a question raised during Committee stage that I believe warrants further debate, and which the right hon. Member for Vale of Glamorgan (Alun Cairns) touched on: the allocation of seats between the nations of the UK. Other Members have already drawn attention to the fact that Wales is likely to lose quite a significant number of seats at this initial boundary review, which, yes—before anybody intervenes—is partly a result of our not having had a boundary review for so many years. The hon. Member for Heywood and Middleton (Chris Clarkson) and I had a good exchange on that in Committee.
However, although I completely understand the arguments for applying a single UK-wide electoral quota and agree with its proponents that it has a logical coherence, I think that the unintended consequences of such an approach should be addressed. In Committee, some practical issues with changing to a single UK-wide electoral quota were addressed, including that we are tying ourselves to demographic changes, with automaticity clauses meaning that further changes are implemented without further discussion or decision by this place.
Reference has been made to the fact that we base our electoral registers on those who are eligible to vote, as opposed to populations, but for the sake of argument, between 2001 and 2018 the population of Wales grew by some 200,000. Projections suggest that between 2018 and 2028—just before the further review—it will grow by another 2.7%. However, it is likely, according to the evidence we received in Committee, that the number of seats that Wales will send to this place will be reduced initially by eight, or perhaps seven, and a further one or two at the next review.
Some practical issues, including the creation of large geographical constituencies, have been addressed, particularly by the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone). However, there are constitutional considerations as well. Wales will lose eight seats initially, and unless demographic trends change quite significantly in the coming decade, we stand to lose further representation in this place. The right hon. Member for Vale of Glamorgan made the valid point that one thing that has changed in the last decade or two is the devolution settlement, although that was not necessarily the rationale put to us for the move to a single UK-wide electoral quota. But if we were to adopt that logic, as the representative from the Liberal Democrats told us in Committee, there should be no reduction without further devolution.
Alun Cairns
Does the hon. Gentleman accept that, for a cohesive society to sustain itself, equal representation is fundamental?
Ben Lake
I completely acknowledge and note the right hon. Gentleman’s arguments, but we fundamentally disagree. I consider the UK to be a union of four nations, as opposed to a single entity. I think we are at an impasse and will never be able to agree. I acknowledge that his argument is coherent, but I do not agree with it, which is more than I can say for other Members.
The representation of the peoples of the UK could be addressed if we were to explore reforms to other parts of the constitution, most notably the other place. Other countries have shown that second Chambers can be very good at doing this. However, that is not on offer at the moment and, indeed, is not a measure before the House. For that reason, I encourage Members to support new clause 2, to at least make us pause and make sure that it is a conscious decision to reduce the number of MPs from the respective nations of the UK.
Mrs Miller
It is a great pleasure to follow the hon. Member for Ceredigion (Ben Lake). I am pleased to hear his support for my old new clause 10, which now makes up clause 7 in the Bill. I think he will find that his amendment was what we call technically defective. However, it is good to hear his support.
I am grateful for the opportunity to speak to this group of amendments on Report, but before I do that, it says it all when Labour characterises boundary changes, as the right hon. Member for Warley (John Spellar) did, as unnecessary nuisances. The Bill is all about the quality of our democracy. Fair and equal-sized constituencies are at the heart of it.
Mrs Miller
The right hon. Gentleman has had quite a lot of giving way. I am not giving way.
John Spellar
On a point of order, Madam Deputy Speaker. The right hon. Member for Basingstoke (Mrs Miller) attributed a statement to me that is not actually what I said. I therefore seek the opportunity to correct that.
Madam Deputy Speaker (Dame Rosie Winterton)
It is up to the right hon. Member for Basingstoke (Mrs Miller) whether she wants to give way.
Mrs Miller
Thank you, Madam Deputy Speaker. I actually wrote it down—perhaps the right hon. Gentleman needs to check Hansard.
Madam Deputy Speaker
Order. The right hon. Gentleman has put his views on the record, but he really must not interrupt in that way.
Mrs Miller
Thank you, Madam Deputy Speaker.
The Bill is all about the quality of our democracy and about fair and equal-sized constituencies, which are at the heart of the Bill. It is to ensure that every vote counts the same. I see that as part of a fair democracy. This group of amendments repeats many of the debates in Committee, despite the compelling evidence that we received. They are designed to dilute the intention of the Bill and, in doing so, reduce its effectiveness in delivering better democracy.
I will look at just two amendments: new clause 1 and amendment 1. New clause 1, which would allow an up to 15% difference between each of our constituencies, fundamentally tries to undermine the intention of the Bill. Anyone listening to the debate today would think that our communities all come in packages of particular sizes; that is simply not the case. Swindon and Reading both had to be split in two, and any increase in the tolerance around the quota would not have really helped them. My constituency of Basingstoke now has 83,000 people. Whatever way we read that, Basingstoke will have to be carved up into different constituencies, regardless of the fact that it is clearly one coherent community.
The cornerstone of what we are doing here has to be the issue of equal suffrage. That is the cornerstone of our democracy and we cannot con ourselves into thinking that our communities can be carved up easily—they cannot. It is difficult. Perhaps the right hon. Member for Warley had a point when he used the words—which I must get right now to ensure I do not affront him again—an unnecessary nuisance, because in many ways this is very difficult to put into practice. However, it was central to our 2019 Conservative party manifesto that we would have updated and equal parliamentary boundaries to ensure that every vote counted the same.
On the amendment, if we are to reach the Bill’s objective, we need to urge the Boundary Commission to be far more imaginative in how it looks at our communities and go below the ward level when trying to construct new boundaries. It is possible within the existing rules to do that—no rule change is required—but I was rather taken aback by some of the Boundary Commission’s evidence saying how difficult that would be, particularly given that software with geographic information system capability has been purchased to enable sub-ward-level boundaries to be considered. I hope that the Minister may be able to edify the Chamber a little on what more work has been done in that direction.
I note that the Boundary Commission’s letter by way of supplementary evidence said that the political parties were going to meet the commission prior to the review starting. I hope the Minister may be able to reassure us that further headway will be made on this issue. I welcomed the commission suggesting, in that supplementary evidence, the prioritising of the mapping of metropolitan council areas where the largest ward electorate sizes occur, but if other areas in the country require that to happen, how will we handle that?
Perhaps the Minister could also consider how we should be dealing with the Boundary Commission between reviews to make sure that it is doing this basic spadework then, rather than when a review is imminent. It seems to be a poor use of resources to be dealing with it in this way.
Virginia Crosbie (Ynys Môn) (Con)
I thank my right hon. Friend the Member for Basingstoke (Mrs Miller) for tabling amendment 14, which gives my constituency of Ynys Môn protected status in this Bill. To all those Members who sat on the Bill Committee, diolch yn fawr —thank you very much.
When I was elected as the MP for Ynys Môn last December, I know that there were many on the island who felt that a Conservative from England who was only 50% Welsh would neither care for nor understand their views or their culture. I entered into politics to make a difference and to give a voice to those who feel they have none, wherever I am based. Over the past six months living on Anglesey with my husband, our three children and our cocker spaniel, I have been welcomed and encouraged, and I already feel that sense of “coming home” when I cross the Menai strait on to the island.
Going through lockdown on Anglesey has shown me very clearly the strong bonds that tie this island community together. I have witnessed overwhelming friendship and kindness, with towns and villages drawing together to protect and support each other. Voluntary groups like Stayce Weeder’s Anglesey’s Random Acts of Kindness and Steve MacVicar’s Seiriol Alliance, along with many, many others, have shown exactly what Anglesey’s communities are all about and why it is such a special place.
It would be easy to take a contemporary view of Ynys Môn as part of the mainland merely because it is close enough to be connected by two bridges, but that misses the point. Ynys Môn is, and always will be, an island community. It is an island with a fierce history of independence, separated from the UK by the narrow but treacherous Menai strait until the 1800s. It has often been annexed politically as well as physically from the mainland. It was the last stronghold of the druids against the invading Roman army, it was one of the first places Edward I put defences when he conquered Wales, and it is famous as Môn Mam Cymru for keeping north Wales fed through the middle ages.
The island is environmentally and ecologically different from the mainland. I took a wonderful drive round the north coast of the island at the weekend, where the rolling, fertile fields stand in testimony to its agricultural heritage, and the rocky coastline plays host to buildings that hark back to centuries of maritime trade. The mainland, in contrast, is mountainous and has different economic needs. Talking to local people over the past few months, I have seen and understood why they feel that the island should not be united politically with the mainland and that that would be detrimental locally.
The proposal to give Ynys Môn protected status puts it on a par with the other major islands in the UK—Orkney and Shetland, and the Isle of Wight. The support that my right hon. Friend’s amendment has received from these constituencies shows that there is a shared understanding among islanders of being different from the mainland. I was really pleased to see party politics put aside so that the amendment enjoyed unanimous support in Committee. I particularly thank the hon. Member for Ceredigion (Ben Lake) for his backing. He, too, has a genuine understanding of Ynys Môn’s desire to be acknowledged as an island community in its own right.
I will conclude with a message sent to me by one of my constituents:
“Virginia having you as our MP is like having a window on Westminster. You have clearly fallen in love with the island—and we are falling in love with you.”
James Grundy
I am delighted that my hon. Friend has secured statutory protection for her constituency, alongside my right hon. Friend the Member for Basingstoke (Mrs Miller). In a previous life, when I worked for the Scottish Conservatives, I argued strongly for a set of provisions that would cover all island-authority constituencies; I was very disappointed that Ynys Môn was left out. I think my hon. Friend would agree that a great injustice has been corrected in the new version of the legislation.
Virginia Crosbie
I thank my hon. Friend for his interruption—[Interruption.] Sorry—his intervention. I am a bit of a newbie.
Virginia Crosbie
Either works. I am delighted that my hon. Friend the Member for Leigh (James Grundy) is present to see his journey continue. I am proud to be the MP for Ynys Môn, and I am equally proud and delighted to see the island recognised with protected status in the Bill.
Gavin Robinson (Belfast East) (DUP)
It is a pleasure to follow the hon. Member for Ynys Môn (Virginia Crosbie). I congratulate her on her success; I hope it is the first of many. I shall not repeat her constituency name too frequently in case I injure its pronunciation. It is a great tribute to her that she has got that success so soon in this Parliament.
As we know, every day is a school day. It has been interesting to hear people on the Government Benches talk with a straight face about the equalisation of seats, having operated and implemented the English votes for English laws process in this Parliament. If Members want an English Parliament, they should create it, and I will support it, but it is no substitute for our national Parliament, which is this Chamber. It is hard to listen to equalisation arguments, having been unnecessarily excluded from so many votes in this place since the creation of that policy.
As I say, every day is a school day, and it is interesting to learn that not only is there a song called “Sussex by the Sea”, but it is an anthem with a national day on which to be sung. The hon. Member for Romford (Andrew Rosindell) is looking at me because he understands all the nuances in our wonderful British Isles. It would have been no surprise to him, but it was to me.
Having heard the comments from the hon. Member for Glasgow East (David Linden), who is not in the Chamber, about how much he enjoyed the Bill Committee, I suppose I should probably not admit that I gave evidence to the Committee and probably added to the pain and suffering that he and other Committee members endured. I was pleased to give evidence as our party’s director of elections.
Some important contributions have resurfaced today, not only from the Bill Committee but on the amendment paper, and should be considered. I can see no argument against parliamentary sovereignty or parliamentary scrutiny of boundary commission proposals. I added my name to amendment 1 for that precise purpose. The hon. Member for Eltham (Clive Efford) made the argument earlier about setting the task and then agreeing with the conclusion, and that is our role.
I do not agree with the right hon. Member for Basingstoke (Mrs Miller) when she suggests that there is a commensurate removal of Executive power. When I gave evidence to the Bill Committee, I think I was fair when I reflected that there is no equivalence or equalisation between parliamentary sovereignty and approval and a technical amendment mechanism that is not used by Ministers and has not been used by Ministers. I have yet to hear Ministers put forward a comprehensive or compelling example of when that ministerial power was used and how it is of equal comparison to the removal of parliamentary approval for boundary commission proposals in respect of the restructure in the Bill. I do not think there is such an example and I have yet to hear one, but I am happy to give way should somebody wish to correct me.
I support new clause 1, but it is fair to say that it contains many arguments in which I have no part to play. I will not put forward arguments about the retention of seats in Wales—that is for others—or about the retention of seats in Scotland, either. In 2018, the Government published the Parliamentary Constituencies (Amendment) Bill, which secured 18 seats for Northern Ireland. It was published but never progressed, but that legislative commitment was given by Government, and it was important for the constitutional and balanced position that we have in Northern Ireland. It was a commitment that was given and has not been repeated in this Bill, which is hugely regrettable, so I will support new clause 2 if it is brought to a vote.
On new clause 1, there are fair arguments about 5% and how much better the constituencies will be with the increase of every percentage point thereafter. This has not been raised in the Chamber thus far, but Members will know that, under the Parliamentary Constituencies Act 1986, Northern Ireland has a special provision in rule 7 whereby, if the Boundary Commission is unable to construe boundaries with geographical significance or there is no further inaccuracy, we are allowed to have a tolerance of 10%. That rule is retained in this Bill, and we think it is an important rule. The Minister will know from the comments I made in evidence to the Bill Committee that, following a judicial review last year and the Court of Appeal judgment issued only two months ago, Boundary Commission proposals from Northern Ireland were struck down in the operation of rule 7, and we are concerned that there may be a chilling effect on the application of rule 7 in future Boundary Commission proposals.
We will support the increased tolerance from 5% to 7.5% because we think that it would give the greater flexibility required to ensure that Boundary Commission proposals in Northern Ireland are fair, balanced and not infected by other historical arguments that could be brought into the process. However, I am keen to hear from the Minister how lessons can be learned from the application of rule 7 and that the 10% tolerance—or 20%, since it is plus or minus 10%—is important for Northern Ireland, and future boundary commissioners should not be precluded from using it, because it plays an important part in the Boundary Commission process in Northern Ireland, and ultimately it needs to be retained.
Madam Deputy Speaker (Dame Rosie Winterton)
Things have perked up enormously on the time front. However, from now on, if Members could stick to five minutes, everyone will be able to speak. I call Shaun Bailey.
Shaun Bailey (West Bromwich West) (Con)
Before I begin, on Black Country Day, I want to pay tribute to the Black Country chartists and suffragettes in Wednesbury and Tipton who fought for us to be here under one member, one vote and ensure that our constituents could be represented.
I fear that I may repeat many of the arguments that had been made eloquently today. It is great to follow the hon. Member for Belfast East (Gavin Robinson), who gave enlightening and interesting evidence to the Bill Committee. I would like to thank all members of the Bill Committee. It was my first Bill Committee, and what a Bill Committee to be on. As my hon. Friend the Member for Heywood and Middleton (Chris Clarkson) put it, it allowed me to utilise my psephological exuberance, which is a fantastic phrase that I will try to make sure I get into conversations from now on.
I want to touch on three main points. The first is on automaticity—a word that I have finally learned to say without tongue-twisting. As my right hon. Friend the Member for Basingstoke (Mrs Miller) said in Committee, at the moment we are in a situation where we mark our own homework; there is no doubt about that. I do not understand how we can reconcile that. I repeat what I said on Second Reading: what is being proposed is an independent, judiciary-led commission. I have trust and faith in our judiciary. I am a lawyer—that is bred into me. Unless someone wants to take me to school on this, my understanding of our constitutional structure is that this place sets the laws, and the judiciary help to interpret them, so I do not understand where this fear of what is business as usual comes from.
My hon. Friend the Member for Dudley South (Mike Wood) articulated the point eloquently, as did my neighbour, the right hon. Member for Warley (John Spellar), about the Boundary Commission’s Selly Oak proposal. The independent commission took evidence from the community, after which it made the decision that the proposal was not acceptable. We talk about this as if, once we get the initial recommendations, that is it—game over. It is not like that at all. Those who have been through the experience of a boundary change know full well that it is not like that, so I struggle to accept that argument from the Opposition.
When we talk about a 7.5% threshold, it is not actually 7.5%—it is 15%. Let us be honest about that. The Venice Commission report, which Opposition Members have quoted freely, states clearly that that 15% threshold is for exceptional circumstances.
The semantics of that report were quite clear. It effectively advised to steer well clear of going anywhere near that, and actually went so far as to suggest that we should keep that threshold as minimal as possible to ensure certainty, fairness and parity among constituencies. I do not accept Opposition Members’ interpretation of that report.
Mike Wood
Thank you, Madam Deputy Speaker, and a very happy Black Country Day to you today. As a proud Black Country man it has been an honour to represent communities in Dudley South for the past five years. I hope to have the opportunity to do so for a number of years to come. Like many other constituencies in this country, the boundaries on which I was elected were last fundamentally altered ahead of the 1997 general election, based on electorates from the early 1990s. We are literally a generation out of date on the boundaries on which many of the constituencies in the west midlands were drawn up.
Like Members on both sides of the House, I am enormously fond of all parts of my constituency. I love every last ward and polling district of it. It would be a real wrench if any of it were to be taken out of Dudley South, but we also have to recognise that, like many of the Black Country constituencies, the current size of the constituency is under the quota whether it is based on 600 or 650. Many constituencies in the Black Country will need to take in additional areas and, of course, some will be divided between constituencies. I am as likely to find myself without a constituency to represent as any other Member of Parliament, but when we are considering fundamental constitutional reform such as this one it is not about whether I have a constituency to represent. This is not about me. This is about the wider electoral system. It must be a fundamental premise of our electoral system that constituencies have to be as close to the same size as is possible.
One of the very few upsides of this horrific outbreak and lockdown has been the opportunity to spend a little more time helping my children with their schoolwork at home. My daughter is in year 7 and she is studying the people’s charter of 1838—it was referred to by my hon. Friend for Heywood and Middleton (Chris Clarkson)—which includes the campaign for constituencies based on equal numbers of electors. Many Opposition Members —and possibly even some Government Members—consider themselves the natural heirs of 19th century radicals, but instead of picking up the torch of William Lovett and Feargus O’Connor, it seems they are choosing to put themselves on the side of those arguing for representation on the basis of acres of land and for the geographic extent of a constituency to somehow override the priority of equalising the number of electors represented within. That cannot be the right way. It was not the right way in the 19th century and it is certainly not the right way in a 21st century democracy.
There is a better way, one that has been referred to by my hon. Friend the Member for Romford (Andrew Rosindell); we can make sure that equal-sized constituencies can be drawn up that properly represent local constituencies if the boundary commissions are encouraged to look more favourably at dividing wards across constituencies where the alternative would be unnatural constituencies or dividing communities. That was done in the west midlands during the last review and it is one reason why the proposals by the right hon. Member for Warley (John Spellar)—he is not in his place—for a Halesowen and Selly Oak constituency, for Sutton Coldfield to be divided and for various other strange things in the initial recommendations were not in the final recommendations. It was precisely because in only three wards across the whole of the west midlands are they able to divide across natural boundaries within those wards, which are amalgamations of wards, and therefore have more natural boundaries across the constituency.
Let me briefly touch on the issue of automatic implementation. The right hon. Gentleman said that, as Parliament, we instruct these independent bodies to go out and draw up rules, and therefore we should be able to decide whether to implement them and whether they are the right decisions. But we also instructed the Independent Parliamentary Standards Authority to draw up parliamentary pay and conditions. In the not-too-distant future, it will look as strange to people that we think we should draw the constituency boundaries on which we are elected—
Emma Hardy
Thank you, Madam Deputy Speaker. I have found the debate a little confusing, because the arguments that Conservative Members have been making, some of whom I hold in high regard, make me wonder how clearly and accurately they listened to the opening speeches. I would go as far as to say that there have been many straw man arguments created throughout this debate. At the outset, I wish to say that when quoting any Member of the House it is important that it is done accurately and precisely, and I hope Hansard will reflect that.
The Labour party of course accepts the need for boundary changes. No one has argued against that, so again I am slightly confused by the arguments presented by Conservative Members that somehow we are speaking against it. We have welcomed the fact that the Bill has moved to having 650 MPs and that the data being taken is from March 2020. I wish to spend a moment paying tribute to my staff for the amount of work they have done and for how hard they have worked during this pandemic. I am sure that is the case for all Members’ staff throughout this time and we should all recognise the need for 650 MPs.
I wish to address some of the comments made by Conservative Members. I was disappointed to hear our amendment referred to as a “wrecking amendment”, as I thought that was unjustified. Trying to extend the flexibility of a boundary commission to take into account local history and local cultures is not “wrecking”; it is merely pragmatic and sensible, so I was disappointed with the language used. Another Member mentioned the need for the Boundary Commission to be more imaginative, but surely there needs to be recognition of the fact that it is difficult for it to be imaginative when its hands are tied behind its back because it is restricted to 5%. As our shadow Minister said, 5% on the basis of 600 Members is 4,000 electors, whereas 5% on the basis of 650 is only 3,500.
Yet another straw man argument being presented by Conservative Members is that all these constituencies would be 15% different, which shows that they have not accurately read the amendment. That is not what it says. It says that the Boundary Commission would use the 5% and have a tolerance to extend to 7.5% in areas where it is absolutely necessary. It does not at any point say, “Let’s encourage the Boundary Commission to make sure all our constituencies are 15% different.” Again, we saw another straw man and another disappointing argument from Conservative Members.
Some of the evidence that was given during the Bill Committee included comments from David Rossiter and Charles Pattie, who noted that it was the 5% that caused the greatest disruption. Indeed, one of the things that was so intolerable to the people in the community in the changes that were going to be implemented in my constituency of Hull West and Hessle was the movement across the natural boundaries. A ward was proposed that would instead go from east Hull into west Hull. I do not expect anyone in the House now to be aware of the historical traditions and rivalries between east and west Hull, but if Members look at our rugby teams as a good example of that friendly rivalry that exists in the community, they can perhaps start to understand why a movement across the River Hull would be so intolerable. That was indeed mentioned by my predecessor, Alan Johnson, and by my hon. Friend the Member for Kingston upon Hull East (Karl Turner) in the evidence that they gave to the previous Boundary Commission. I suppose that part of my message to the Boundary Commission, via the Minister, is that it really does need to look at natural geography and the histories and cultural traditions of places. That is why I am in favour of allowing this extra tolerance—not on every occasion as has been mentioned—to ensure that it takes those historical differences into account.
I will not detain the House for too much longer, but I think it is also worth pointing out—it is certainly the feeling I get from residents in Hull—that no one would thank a political party for trying to enforce a new identity on an established community by moving it out of one community and insisting that it belongs to another. I am also a little perplexed by the idea that a political party, which seems to be so keen on taking back control of our borders, seems to want to relinquish control of our constituency borders to an unelected body.
On the point about bringing the decision back to Parliament, it is worth pointing out that we are under no illusion that, if we bring the matter back to Parliament, the Conservative party has the majority to force through what it wants, so this is a point of principle, rather than any realistic notion that we could change the decisions that have been made. That is why I support new clause 1 and amendment 1 in the name of my right hon. Friend the Leader of the Opposition.
Aaron Bell (Newcastle-under-Lyme) (Con)
It is a pleasure to follow the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy). I am very glad to be able to speak today as, unfortunately, time ran out on me on Second Reading. I congratulate the Bill Committee on all the work it has done on this Bill in the meantime.
The obvious core point is about fairness, which a number of Members have mentioned. I will not go into any great detail, because it does seem to be a point that has been broadly conceded. My hon. Friend the Member for Milton Keynes South (Iain Stewart) represents nearly 100,000 people when plenty of Members in this House represent fewer than half that number. That is not fair on either him or, more importantly, on his constituents, because their votes literally count half as much as those of other constituencies.
On the subject of tolerance, a 5% tolerance is a 10% band, and every seat should be within 7,000 or so people, which is a perfectly reasonable proposition. We might flatter ourselves that the identity of our constituents is formed by the constituency in which they live, but I do not think that is the case at all. Our constituents actually look to their immediate community, and perhaps even to their church hall, which, as a polling station is an element of community. I do not think that constituents are that bothered by the name of the constituency in which they happen to live. My seat of Newcastle-under-Lyme is slightly on the small side, so I understand that that will mean changes for me. It means that I will probably have to absorb some more of the Loyal and Ancient Borough of Newcastle-under-Lyme, which I welcome. I gently point out to the Boundary Commission —if it is listening or reading Hansard—that crossing the A500 into Stoke-on-Trent will probably not go down very well in the area.
Jonathan Gullis (Stoke-on-Trent North) (Con)
If my hon. Friend is looking for more of the Newcastle-under-Lyme borough, could he please leave Kidsgrove and Talke alone?
Aaron Bell
The point of my hon. Friend and neighbour is well made.
I would also like to say how much distaste I feel when I hear these allegations of gerrymandering, which sometimes happens with these Bills. They seemed to start with the former Member for Blackburn and former Lord Chancellor, Jack Straw, who described our manifesto proposals in 2010 as “gerrymandering”. I regret to say that the hon. Member for Rhondda (Chris Bryant), the Chair of the Committee on Standards, described this Bill as gerrymandering in a tweet in May. Nothing could be further from the truth. This Bill is quite the opposite; it levels the playing field. To call it “gerrymandering” is a slur on the Boundary Commission and the judicial process. As my hon. Friend the Member for West Bromwich West (Shaun Bailey) said, it is a judicial process and we should have trust that it will be fair. Either they do not know the meaning of the word “gerrymandering”, or they are choosing to misrepresent what is going on, potentially for partisan gain, or potentially to scare the electorate into thinking something nefarious is going on. Nothing could be further from the truth.
I am also pleased that this Bill introduces the automaticity that my hon. Friend the Member for Heywood and Middleton (Chris Clarkson) was regrettably unable to get to in his speech.
It makes the translation of boundaries into law near automatic. It not only removes delay, but ensures integrity in the process.
Lloyd Russell-Moyle
When I went to the Table Office a few weeks ago to pick up this Bill I picked up the wrong one, and I was reading it and thinking, “This is a particularly good Bill and it seems very reasonable and sensible,” and then I realised it was actually a private Member’s Bill from a number of Conservative Members. So better suggestions have been laid here in Parliament, and it is such a shame that the Government do not take more heed of their own Members. But let us talk about the content of the Bill before us today.
The question is, of course, what is in a number, because the reality is that a percentage does not really matter. We are talking about building blocks that are numbers, not percentages. We do not say, “In this ward there is 5% of the population”; we say, “In this ward there are 3,000 voters.” That is what we are working on.
So let us talk about practicalities. In the average metropolitan borough or London borough, the average ward size is 9,800 people—about 10,000 people. A 5% variance at the moment excludes all of those borough wards. It does not affect nice shire counties where, of course, Government Members predominately come from, because their average size is only 3,000. So of course they are able to build coherent communities in those places more easily, but it is harder in urban areas and we divide and rule communities there with this 5% variance. If we had a 7.5% variance, we would of course avoid that, because then the variance is 10,000; the vast majority of our urban wards would be able to be included as a whole, and there would be very little problem.
I think there is actually an argument to review how we do boundary proposals in their holistic nature from bottom to top, and say that the boundary commissions for local government should be creating wards of smaller sizes, so they fit into the shape of what we want the variance to be. There is an argument for doing that to get the building blocks right, but the Government have not come forward with such a proposal; they have rejected the idea of talking about local government reviews at the same time as parliamentary Government reviews. Since that is off the table, we need to accommodate ourselves to the situation that we have.
Lloyd Russell-Moyle
No, I am afraid that time is very tight.
The predecessor Committee to mine suggested 10%, with a 15% allowance in exceptional circumstance. That was agreed across the parties in 2015; this is a far more modest proposal. Of course the Boundary Commission should aim to be dead on—no one is saying otherwise—but where that is impossible, we should allow it flexibility. To use a judicial analogy, we should allow the judge to use their expertise, rather than tying their hands behind their back.
We know that if the rules are written incorrectly, we will get a gerrymandered outcome. That is not the fault of the commissioners; it is not the fault of the judges, although it is not a judicial but a quasi-judicial process; it is a fault in how the rules are written, which is why it is so important that the question should come back here. It is not we who vote in Parliament; our votes are for the people, so removing this place’s oversight is removing the oversight of the people.
Finally, I will quickly touch on how we look at the numbers. The 1917 boundary review, which was the first major boundary review in this country, used census data. The 1911 census, which I have been looking at recently while doing my ancestry—scarily, I am related to the Eustices; I must inform the Secretary of State for Environment, Food and Rural Affairs—was used as the building block, because it was both the census and the electoral roll. Splitting it has meant that we no longer have an automated electoral roll. If we either had an automated electoral roll or used the census, we would have fairer constituencies as well. I am disappointed that the Government have not included that.
Alex Davies-Jones (Pontypridd) (Lab)
Diolch, Madam Deputy Speaker. I welcome the opportunity to speak on this very important Bill; I will keep my comments brief because I know that we are short on time.
It will come as no surprise that I have concerns about the restrictive 5% electoral quota and the impact that it will have on constituencies such as the area that I represent in the heart of the south Wales valleys. Creating constituencies that make sense to the local communities is even harder with our local geography. I know that this has already been eloquently explained by the hon. Member for Ceredigion (Ben Lake), but locals in my patch in Pontypridd and across Rhondda Cynon Taf will tell you in a heartbeat that it would make no sense for constituencies to have more than one valley and a mountain range in between. Indeed, during her evidence session, Shereen Williams of the Local Democracy and Boundary Commission for Wales said:
“I think the valleys will present a unique challenge for us, because you do not really want to split a valley and have half in one seat and the other half in another seat.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 20, Q35.]
I completely agree. It is clear that our stunning valleys should be given greater consideration than the 5% variance in drawing Welsh boundaries, and I urge colleagues to support a flexible and sensible approach.
Naturally, I also have general concerns that Wales will be hit most by the loss of constituencies in the next boundary change, because of the large population shifts in the area over the past 20 years, which colleagues have alluded to. I have also been shocked, frustrated and actually quite tamping, for want of a better word, to read the incredibly reckless comments from colleagues in the Senedd, most notably from Mark Reckless MS, about abolishing the Welsh Parliament. It is clear, now more than ever, that the Welsh Parliament plays a vital role in scrutinising policy that has an impact on communities across Wales.
I urge colleagues on the Government Benches to stand with me and commit to strengthening, as opposed to weakening, Wales’s voice, both here in Westminster and in the Senedd. It is vital that the boundary commissioners be given greater flexibility to take into account our unique geography, particularly if we are to ensure that representation in Wales is not forgotten here in Parliament.
Mr Holden
I rise to speak to new clauses 1 and 3. New clause 1 is perhaps the biggest piece of contention on both sides of the House. When I read through the Bill Committee’s proceedings, I noticed that at the very start and the very end—in sittings one and eight—the Opposition Front-Bench spokesperson really pushed the point about 5% versus 7.5%. I cannot understand how the Labour party, which historically has campaigned for one person, one vote, can now be campaigning for something that would make that less likely. It is totally logical to want as small a variant as possible between populations.
The hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) talked about wards being the building blocks of our communities. I totally disagree with the point, which he made in an intervention, that church halls and polling districts are not the building blocks. Church halls are the heart of communities in our constituencies; they are were people gather, where the scouts and brownies go, where people have coffee mornings, and so on. They are the building blocks of our communities, and the Bill should be based on them, not on arbitrary boundaries.
I actually agreed with the hon. Member on his point about looking at wards more generally. I would be very much in favour of single member wards. Some parts of my constituency have one member, while some people are represented by three councillors. It is bizarre that in one part of my constituency someone can ask three people to represent me, but in another part only one. We dealt with that in this place in the 1950s. I think we could deal with it on a council level as well and would support any moves the Government make in that direction.
The switch to 7.5% is not a price worth paying to keep wards together. On that point, there is a fundamental disagreement between the two sides of the House. I am very happy to go with polling districts. I listened to the speech of my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory), who is the co-chair with me on the all-party group on local democracy. We represent a lot of town and parish councils. Such things are much more important and should be recognised where possible. If the Minister could speak to that, it would be really helpful. I generally agree also with my hon. Friend the Member for Romford (Andrew Rosindell), who is not in his seat, about this obsession with metropolitan wards being large contiguous units. It is not true. Some of these wards have 15,000 or 20,000 people in them. They are not one community and could easily be divided up.
On new clause 3, the hon. Member for North East Fife (Wendy Chamberlain) mentioned this idea that we should want to try to estimate things. I remember what happened to her colleague, the hon. Member for Westmorland and Lonsdale (Tim Farron), in the 2017 general election. The Lib Dem counters on election night mis-estimated his votes and thought he was about to lose, which was why they left him in a car park for several hours when he was leader of the party. We should not bring estimates into this. The current situation is sensible. The electoral roll has been the basis for some time and is the right basis.
In conclusion, I urge hon. Members to support the Government today and back this excellent Bill, which is not before time.
Rachel Hopkins (Luton South) (Lab)
I speak in this debate with previous experience of the process of making electoral boundaries. As I referred to on Second Reading, I used to work for the Local Government Boundary Commission for England on periodic electoral reviews of local government boundaries, and I must declare an interest: some of my friends and colleagues moved on to work more recently for the Boundary Commission for England on parliamentary reviews.
I am pleased the Government have accepted our call to scrap the plan to cut the number of MPs to 600. A reduction would have weakened the role of Parliament to the benefit of the Executive, and recently we have seen the value and importance of a breadth of scrutiny of Government during the covid-19 pandemic. I am pleased also that the numeration date changed to 2 March 2020 to ensure maximum reflection of the electorate, rather than one impeded by covid-19.
I still have concerns, however, about the Government’s intention to remove parliamentary scrutiny from the boundary review process and the imposition of a restrictive electoral quota, so I am speaking strongly in favour of amendment 1, to remove clause 2, and of new clause 1, both tabled in the name of the Leader of the Opposition. Effective democracy is reliant on transparency and public confidence in the structures and processes, so removing parliamentary scrutiny and approval of the structure from the process raises questions about the integrity of our democracy. It would give the Government of the day unequal influence over the process, but the most important point is the one made very eloquently put by my hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle). The point about democracy is that our constituents can hold us to account for the decisions we make, and the proposal takes that away.
The Government’s intention to impose a 5% electoral quota will have a detrimental impact on the democratic representation of our communities.
Flexibility must be central to our boundary review system in order to recognise community identities and connections, and to facilitate the accurate representation of different geographical areas.
Jonathan Gullis
New clause 1 is in my opinion about stopping equalisation, because through this Bill we are going to see equal, fairer boundaries. The hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) talked about the shires—I am not quite sure that the shires of Stoke-on-Trent exist at the moment but I look forward to seeing them being created, apparently, with the so-called gerrymandering that we are trying to do.
We talk time and again about the idea of identity. Let me tell the House about Stoke-on-Trent. We might be a city, but we are a federation of towns, from Burslem to Tunstall, to Longton, to Fenton. Even within that, when we talk about identities, in the ward of Baddeley, Milton and Norton, we have Norton Green and Norton le Moors, and if someone says to a Norton Green resident, “You are a member of Norton le Moors”, they will get accosted—as I rightly did, on the doorsteps during the last general election campaign—for misannouncing them. So even though we talk about this idea of 5% to 7.5%, we are still talking about identities that are broken down even within the wards of local councils.
As I said, the community I represent is an amalgamation of pit villages, small towns and little villages. However, I dare to cross from Stoke-on-Trent to—this is where the hon. Gentleman will be pleased—Staffordshire County Council, so I do have a small number of shires, in the guise of Kidsgrove, Talke and a small slice of Newchapel. Again, the people of Stoke-on-Trent North and Kidsgrove would identify as sharing common values. Even though they are different areas with different needs, they have a proud industrial mining heritage. Therefore, new clause 1 effectively goes against this idea, giving 7.5% here and 5% there. That is not equalisation. That is against it and once we start applying the rule to one area, we think, “Do we apply the rule to this area instead?” It becomes a bit of a mess, so I have to honourably disagree with Opposition Members on new clause 1. I will, of course, be voting against it.
On new clause 3, I wholeheartedly support my hon. Friend the Member for North West Durham (Mr Holden) on the use of the electoral roll rather than estimates. I agree that this could become a grey area. How would the estimates be calculated? How would we create the formula to make it viable in future? The electoral roll is something solid. It is something that businesses and politicians use. It is simple and we should carry on using it.
Let us not forget that this is an important time for us to update the boundaries. In Stoke-on-Trent, I represent—I say this cheekily—a larger constituency than my hon. Friends the Members for Stoke-on-Trent Central (Jo Gideon) and for Stoke-on-Trent South (Jack Brereton). Do I get paid more for doing more work than them? They would argue that they work harder and I would not necessarily disagree on some areas. They are very good at chuntering—[Interruption.] I know, spicy. The idea that there should be a difference is not a fair one. We want to be equal. We are a proud city and every single one of us wants to represent our areas. There are areas like Abbey Hulton, where, I believe, I have 15 electorates from the ward in my constituency. I find that rather bizarre. The way the boundaries have grown over time with housing developments in my area has left us in a bit of a confusing mess. This is, therefore, a good time to update the boundaries so that the people of Stoke-on-Trent can be represented as they deserve to be, in an equal and measured way, and in an area that they notice and understand. As I say, the idea that we must go on local government boundary wards is for the past, not the future.
Finally, I will have a little pop at new clause 2. I have great love for the hon. Member for Glasgow East (David Linden). We get on incredibly well. We disagree on everything, but we have a good chat. I know he is desperate to leave this place and never ever to have to come back, but I have to remind him that we are one United Kingdom. It is therefore only right that for the people of Scotland, Wales and Northern Ireland, who again are my dear friends—I know the hon. Member for Strangford (Jim Shannon) will be disappointed that I say this—we ensure there is equality and fairness across our United Kingdom. I will be voting against new clause 2 and I urge Members across the House to do so, too. I am sure that will be used on Facebook as a clip of “the English so-and-sos stopping us having what we want”. I wholeheartedly support the Government in what they are doing today.
Jim Shannon (Strangford) (DUP)
It is a pleasure to follow the hon. Member for Stoke-on-Trent North (Jonathan Gullis). He and I have been very good friends in this House in the short time he has been here. I agree with him that we are always better together. It is better to have the four regions together as one. That is the real United Kingdom of Great Britain and Northern Ireland: stronger, better together every time.
This is not the first time I have spoken on this issue and I will start by declaring, as I always do, an interest in having the most wonderful constituency in the United Kingdom of Great Britain and Northern Ireland. Strangford is the most beautiful constituency it is possible to have and I am very pleased to be able to represent it. It brings a lot of communities together and we have an affiliation with each other. As my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) and my hon. Friend the Member for Belfast East (Gavin Robinson) mentioned earlier, we absolutely require the 10% variation on the quota given our distinct geographical circumstances and the limitations to what changes can be made in Northern Ireland. As everyone knows, we have a land frontier with another country, so our circumstances are very different from everybody else’s.
One issue that is essential, especially in Northern Ireland with the mix of rural and urban in almost every constituency, is the notion of belonging and community. My constituency of Strangford represents the council areas of Ards and North Down, and parts of Lisburn and Castlereagh, and Newry, Mourne and Down. When I was first elected in 2010, we had a massive change in that Ballynahinch East was added to Strangford. I made a decision to make sure that they knew their MP and opened an office in Ballynahinch to underline my commitment to make them a part of Strangford when they never were before.
The office costs allowance could never fully cover another office, but I made the decision because people could not necessarily travel some 45 to 50 miles—an hour or thereabouts—to my office in Newtonards. That has been a great boost because the people of Ballynahinch now very clearly see the constituency of Strangford as it is now and as it should be. When that happened back in 2010, the southern part of Ballynahinch—the Spa area—went into South Down and the west part went into the constituency of my right hon. Friend the Member for Lagan Valley. This area was slightly different from the rest of Strangford and required an office to make its MP accessible to all, and I believe that decision was the right one.
However, every time there is a tinkering with the boundaries, it becomes an issue. Although numbers are easy to understand and move around, people’s identities are less easy to move around. To me, identity is very important, and people’s kinship is worthy of consideration. That is why I am delighted that some of the early proposals did not find their way into these final measures. I understand the concerns of some Members. The Bill has rightly ring-fenced the Isle of Wight, and the hon. Member for Ynys Môn (Virginia Crosbie), in her contribution, referred to that as well. In Northern Ireland, we must take account of individual circumstances, not simply let the numbers involved in a headcount be the be all and end all.
I can remember a situation where, to put in place the ward of Carrowdore, two people had to be moved—just two people. They lived no more than 300 yards from the school where they voted, and they were moved out and had to go and vote in Carrowdore, a 20-minute journey by car down the road. That tinkering, I believe, was wrong, and I did make representations to the commission at that time. The sentiment has been embedded in my mind that where someone votes can matter, and that while moving those two on the map tidied up the numbers, it impacted on people. That must always be a consideration. I believe it is very important that people feel they are part of the constituency and part of the area.
I am thankful that after I hang up my tie and take off these worn leather shoes—it is probably a long time away, by the way, but it happens to all of us who look to be here—Strangford will remain and prosper, and I hope that remains the case for years to come. Strangford, my constituency, has been held together over these years with blood, sweat and tears, and that must be recognised and protected. The personality and the affiliation of Strangford must be considered along with the numbers for every constituency. It is not just about numbers; it is about the constituency and about the people whom we represent. What a joy it is to represent Strangford! It is my pleasure.
The Minister of State, Cabinet Office (Chloe Smith)
And what a pleasure it is, as always, to follow the remarks of the sage of Strangford, the hon. Member for Strangford (Jim Shannon), with his unrivalled love for his constituency and, may I say, for this Chamber, which he demonstrates day after day—and evening after evening.
Let me take each proposed amendment in turn. I will do my best to accommodate the comments that hon. and right hon. Members have made. If I do not manage to do justice to all of that, I will try to accommodate them in my remarks on Third Reading.
Starting with new clause 1, I am very grateful to hon. Members for all their contributions, because it was a very strong theme in Committee. It is about how much flexibility ought to be given to the boundary commissions. Let me start by outlining that 5% is the existing law—the status quo—and there are a number of reasons why the Government have chosen not to change the legislation in that area and why we therefore do not support the new clause. When we say plus or minus 5%, we are talking about a range of 10% around the electoral quota. By that token, when we talk about plus or minus 7.5%, what is being spoken about is a range of 15%. By my calculation, each percentage is over 1,000 people, and people matter in this.
We believe that a 10% range does give the boundary commissions the space that they need to take account of the other factors that they may consider. As hon. Members will know, those include local geographical features, community ties, local government boundaries and existing parliamentary boundaries. At this point, I note that my right hon. Friend the Member for Basingstoke (Mrs Miller) is right that discussions are ongoing with the Boundary Commission for England, picking up on what we did in Committee.
Some characterise 10% as overly mathematically or too constraining—I think those were the words used by the hon. Member for Lancaster and Fleetwood (Cat Smith)—but that is not the case. It is right that the boundary commissions are able to engage in dialogue with local communities—that is very important—and are able to adjust the number of electors to reflect important community ties. The 10% range allows that, and the proof is seen in an example from the Boundary Commission for England: in the 2016-18 review, more than 50% of its initial proposals were changed in the light of consultation and feedback.
Emma Hardy
I am listening carefully to the Minister’s observations about the need to have equal constituencies. Will she not take back to the Government the need for automatic voter registration, so we can have a truly accurate picture of the number of people in each constituency?
Chloe Smith
I admire the tenacity with which the hon. Lady has made that argument today. It is not the subject of the Bill, and, for what it is worth, I do not agree with the concept of automatic voter registration, but I am happy to have that conversation with her in more detail at another time. I will be more sparing in taking interventions from now on, because there is a time limit and I have much to get through.
As I understand it, the intention behind new clause 1 is to require the boundary commissions to aim for the 10% range, and only if necessary would they then use the extra 5%. That approach gives rise to a number of concerns. First, it seems to me that there is a lack of clarity, which could generate confusion; it would certainly generate ambiguity and might undermine the effectiveness of the process. One can imagine local authorities simply not knowing at the outset of the process whether their constituency would fall within the 10% range, or whether they might be a special case. A process that was previously clear and transparent would become less so.
Secondly, there is the risk of a ratchet effect. If we were to offer the boundary commissions the option to go up 7.5%, they would quickly come under pressure. That might lead to lobbying and the 15% range becoming increasingly widely used. It might be said that those who want that outcome should put it directly and courageously in an amendment, rather than saying it could be used if the commission wanted to use it.
Thirdly, and quite important, the discretion provided to the four boundary commissions would be likely to generate different approaches in different parts of the United Kingdom. That could open the door to legal challenges and a situation where the commissions’ work was made more difficult. I acknowledge the words of the hon. Member for Belfast East (Gavin Robinson) about rule 7 and the court case there. I recognise his points, and much more detail was drawn out in that ruling, but let me say briefly now that I think rule 7 is important and it stands, notwithstanding that ruling.
In Committee, we discussed 5% versus other numbers at length. Today, I say that we should be in the business of giving the boundary commissions clear instructions. There are times when we give them room for judgment and discretion. We ask them to conduct an intense process, but this should not be one of the times when their instructions lack clarity. The matter of the tolerance is a judgment for us; it is for us in this House to set out what we think it ought to be. A balance must be struck, and no academic can tell us the right answer. Conservative Members believe in equal-sized constituencies and in being able to deliver updated and equal constituencies, and the 5% tolerance gives a better chance of achieving that and ending an unfairness that has persisted for too long.
Let me address new clause 2. I thank the hon. Members for Glasgow East (David Linden) and for Ceredigion (Ben Lake) for making this an interesting debate—one that we also had in Committee. It seems that something that is actually quite technical is being used here as a conduit for a much larger constitutional debate about the Union and how its nations relate to each other. That is important and extremely interesting, but today is rather a narrow debate and it is not necessarily the time for concluding such big questions. Let us talk about what this new clause would actually mean.
My concern is that new clause 2, by fixing a minimum number of constituencies, would effectively enshrine electoral inequality, cementing the current situation and not allowing it to develop. I can give the House lots of examples of unequal constituency sizes within and between our nations, and those are the kinds of inequality that we are trying to address in the Bill overall. Of course, it is critical that every nation and every part of the Union has a powerful voice in Westminster. They have two powerful voices here today—and across the Chamber—but there is already a sensible way of setting the nation’s participation in Westminster. The new clause would not add value in that respect.
Under the current legislation, a mathematical formula exists to do exactly the job of allocating constituency numbers to each of the four nations. It is widely used internationally and is widely thought of as being one of the fairest methods. It should be maintained because it is fair and rational. The problem with the new clause is that it suggests that the hon. Members who tabled it could be fairer and more rational in deciding what the numbers ought to be, but in effect those Members are guessing what the numbers should be and trying to lock them in. The new clause would lock in quite radical inequality between the nations of the Union in terms of the citizen-to-MP ratio that would result, and there is not a good reason for that.
Alun Cairns
Does the Minister recognise that new clause 2, tabled by Plaid Cymru and the SNP, almost suggests that we are a federal nation? We are not a federal nation but a proud Union.
Chloe Smith
I agree with my right hon. Friend. He knows that the Conservative party and the Government are absolutely committed to strengthening our Union and we do not believe that that would be achieved through new clause 2, which would undermine in many ways what ought to be an equality in the assessment of the voices in the Union and an equality between citizens that can be enjoyed across the nation.
I absolutely recognise the wider debate about what our nations and our Union consist of, although the hon. Member for Glasgow East would love to have nothing more to do with that debate—he would love to be nowhere near here today, and that breaks my heart. As much as I may say that I would love to see the back of him, of course I would not. I cannot wait to spend even more time discussing exactly this point with him and with anybody else who would like to join me in the debate about how to strengthen our Union, how to maintain excellent intergovernmental relations, how to help our nations work best together and how to help people across the nation to be as prosperous as they can. But new clause 2 is not the place to do that.
I thank the hon. Member for North East Fife (Wendy Chamberlain) for tabling new clause 3. She was honest and sincere about what she is seeking to do with the amendment, which is to open up a valuable broader debate. I will talk a little about why the new clause would not quite do what is right, but let me say that the hon. Member’s instincts are admirable. We should all share the goal of being able to do the utmost for our constituents, whether they are registered to vote or not. Furthermore, we should all share the goal of wanting as many people on our electoral registers as possible. That is notwithstanding the fact that the Government believe that it is an important principle that our constituencies are based on the electoral registers.
On what we are doing to ensure that the registers are as accurate and complete as possible, the introduction of online registration has made it simpler and faster for people to register to vote; it takes as little as five minutes. This benefits everybody, including anybody who may previously have found it harder to make an application to register. We have developed a range of resources to promote engagement with our democracy and to encourage people to register to vote, all of which are available on gov.uk and are aimed widely—at registration officers, civil society groups, teachers and more.
We are also in the process of implementing changes to the annual canvass of all residential properties in Great Britain, which will improve its efficiency greatly and will allow officers to focus their efforts on those who they may traditionally have found harder to get to register. That is important for accuracy and completeness. Since the introduction of individual electoral registration, the registers in Great Britain are as complete and more accurate than before; that is an important base of the record.
I share the intentions of the hon. Member for North East Fife of wanting to see more people registered and to see us listening to all in our community, so let me turn to why new clause 3 would not necessarily work as well as might be wished. Its core problem is that it deals with estimates and moves away from facts. It asks the Electoral Commission to do a very large job of estimation when, in fact, we already have firm data that the process can be based on. It would be a huge and unnecessary task to set off, bringing further elements of risk and challenge to the work of the Boundary Commissions.
The work of the Boundary Commissions should be based on those who have registered as electors. That principle counts those who want to have their views represented in Parliament. That is what a Member of Parliament is for and that is what voting for Parliament is for. It is a good principle that that is the basis on which we work, and it is not new, having been the case since 1944.
We should encourage more people to register to vote. I think the new clause does a slightly different thing. I welcome the fact that the hon. Lady referred to it as a probing amendment, and I hope she will not press it to a Division. Before I move on, I welcome her support for our overseas voters. She will know that there is much work to do to enable more overseas voters to register The Government are committed, as I hope she is, to ending the injustice of the abrupt disenfranchisement that they face after 15 years overseas.
Finally, I cannot support the intention of amendment 1. The effect of clause 2, which amendment 1 would remove, is to bring much-needed certainty to the boundary review process. It gives confidence that the recommendations of the independent boundary commissions will be brought into effect without interference or delay. They develop their proposal through a robust process that lasts over a two to three-year period with extensive public consultation. Those impartial recommendations ought to be brought into effect promptly without any further wastage of public money and without any question of their independence. Clause 2 provides for that, and it does so by a very normal mechanism.
I just want to pick up one point that was made. The hon. Member for Lancaster and Fleetwood tried to go to town on the nature of an Order in Council. Let me break it to her, in case she is not aware, that the last Labour Government used more than 300 of them between 1997 and 2010. They are a normal constitutional legislative instrument. They should be recognised as being part of the status quo. She is either misreading the Bill or wilfully misrepresenting it—I do not know which. She did so in Committee, and she is doing so again today.
The Order in Council is not the villain that the hon. Lady makes it out to be, and nor is there an increase in powers in the Bill for the Executive. The opposite is the case. Countries such as Australia, Canada and New Zealand use similar approaches. A string of respected academics voiced their support for this change during Committee when giving evidence. Memorably, one in particular said:
“It is probably better that MPs set the terms of the exercise for the Boundary Commission behind a veil of ignorance…without knowing exactly what the particular outcomes would be for them as individual MPs.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 57, Q117.]
The Government believe that clause 2 is an important and principled change. It will ensure that expert recommendations are brought into effect independently with no further delay.
It provides a better outcome for people, and I urge the hon. Lady not to press the amendment to a Division.
Cat Smith
I did not think it was possible to have as much fun as we had in Committee, but this afternoon has perhaps run it quite close. Of course, there is no comparison between three hours and four days. I put on record my thanks to the members of the Committee who have also made contributions to today’s debate.
The Labour party supports the democratic principles of the boundary review. We recognise that this review is urgently needed, given the out-of-date boundaries we currently have. The idea of constituencies being of broadly equal size and the idea of constituencies also taking account of local community ties are not mutually exclusive, and I urge Members to support that amendment. Labour’s new clause would provide for the flexibility needed to create constituencies that communities can have confidence in and identify with.
Most critically, I encourage Members across the House to support amendment 1. The Government must not use the Bill to strengthen their own power at the expense of parliamentary power. It is an insult to this House, and it sets a dangerous precedent for future legislation.
Question put, That the clause be read a Second time.
Chloe Smith
I beg to move, That the Bill be now read the Third time.
I thank all Members who have contributed to our debates on the Bill. In addition to our colleagues on the Front Benches, we have heard excellent contributions from my right hon. Friend the Member for Vale of Glamorgan (Alun Cairns), my hon. Friends the Members for Heywood and Middleton (Chris Clarkson), for Dartford (Gareth Johnson), for Truro and Falmouth (Cherilyn Mackrory), for West Aberdeenshire and Kincardine (Andrew Bowie), for Ynys Môn (Virginia Crosbie), for West Bromwich West (Shaun Bailey), for Dudley South (Mike Wood) and for North West Durham (Mr Holden), the right hon. Member for Warley (John Spellar) and the hon. Members for Eltham (Clive Efford), for Ceredigion (Ben Lake), for Belfast East (Gavin Robinson), for Kingston upon Hull West and Hessle (Emma Hardy), for Brighton, Kemptown (Lloyd Russell-Moyle), for Pontypridd (Alex Davies-Jones) and for Luton South (Rachel Hopkins). Forgive me if I have missed anyone.
All Members who have contributed to these debates have considered the principles behind the Bill and the details of each of its clauses with a constructive and positive outlook. I have been struck by how many Members have acknowledged that the current situation of having unequally sized constituencies cannot continue and that action must be taken. The Government agree, and this Bill delivers that. Of course, there have been differences of opinion along the way, and there has been thorough scrutiny and robust challenge, which I hope has improved the Bill.
Our engagement before the introduction of the Bill with representatives of the parliamentary parties and electoral administrators has helped us to hone the technical aspects of the Bill and to take better account of what works from a practical standpoint. Our debates on amendments to the Bill in this elected House have led to a common-sense addition for the smallest of protected island constituencies. I am very grateful to all those who have contributed, including the witnesses who spoke at our Committee sessions. Many Members have advocated, challenged, probed and scrutinised in a spirit of logic but with good humour, and we have all joined in the overarching common purpose of ensuring that a crucial part of our democracy is made fairer and more equitable without delay.
There has been widespread acceptance of the equality of voting power as a fundamental principle. I think everybody knows that the boundary commissions have an important task that they have to get right of balancing that goal of equality with the need to maintain community links within constituencies. We all value the responsibility of representing our constituents and our communities, and none of us will ever stop defending the precious link between our constituents and us as their representatives. Soon we will be able to do that with a renewed sense that there is fairness and equality in our democracy more than before and that each elector’s vote to choose the Government of the day carries the same weight.
We have looked closely at how to ensure that the recommendations of future boundary reviews can be implemented without delay, and we have drawn on the experience of comparable systems in other countries. That matter was pressed to a Division in Committee, and the view of the elected Chamber is clearly in favour of automatic implementation.
The Union was never far from our mind in these debates. We gave careful consideration to the specific needs of the four nations in an overall framework, and we considered a variety of ideas in that context. The hon. Member for Ceredigion is not in his place, but I particularly enjoyed a discussion of the Welsh language and its role in community identity, and I was pleased to put on record how that can already be accommodated.
I thank the two hon. Members who chaired the Committee, as well as you, Madam Deputy Speaker, for your guardianship today; I am sure I speak for all Committee members when I say it has been a pleasure to serve under you and those hon. Members. I am also grateful to my counterparts on the Opposition Benches, including the hon. Member for North East Fife (Wendy Chamberlain), for their positive and challenging approach to their duties. I was particularly interested to find out from the hon. Member for Lancaster and Fleetwood (Cat Smith) that not only have we had three had children since last we last served on a similar Bill Committee, but that this is in fact the first time she has completed a Bill Committee without giving birth—although there are still nine minutes and 40 seconds to go. I share her gratitude that the Committee did not decide to go on any longer than it needed to, further risking that. To make progress, all Bills rely on the wise counsel of Clerks and our officials, so I place on record my gratitude to them. We tested the new circumstances in which we find ourselves thoroughly in Committee and with our witnesses.
As a result of all those efforts, the House now has before it a Bill that provides equal and updated boundaries, meaning that, wherever voters live in our United Kingdom, they can be sure of having a fair and equal say in the crucial question of choosing who will govern. I hope that the noble Lords will now play their part so that the next review can finally get under way. It is with pleasure that I commend the Bill to the House.
Cat Smith
I will keep my comments brief, as I covered the Labour party’s stance in my speech on Report. I put on the record that I am disappointed that the Government rejected the new clause and amendment that would have improved the Bill. The process of requiring MPs to vote on the final report from the commission is an important safety net, without which we would have just 600 MPs today.
We do not seek to delay the progress of the Bill. As I said in my opening remarks, we need new boundaries at the next election; the data on which our constituencies are built looks to be a quarter of a century old. We certainly hope their lordships will look again at clause 2, as we still have significant concerns about the Government’s approach to that matter.
With that, I draw my remarks to a close. I thank Committee members for their useful contributions and for how much fun I had taking the Bill through the House on behalf of the Opposition.
Mrs Miller
The Bill is all about creating fairness and making sure that every vote counts the same, and I wish it well as it travels through to the other place. The right hon. Member for Warley (John Spellar) and I locked horns on whether boundary changes should ever be characterised as a nuisance; I would never want to misquote him, and I apologise if he thought I did. However, there is no nuisance in creating fair and equal boundaries—we should all agree on that.
Equal suffrage is a cornerstone of our democracy, and the Bill is part of that. I thank the Minister for accepting new clause 10 during the Committee’s proceedings, which is now clause 7 of the Bill and makes Ynys Môn a protected constituency, which is an important addition to the two constituencies that are already protected. The Bill honours a 2019 Conservative party manifesto commitment to ensure that we have updated, equal parliamentary boundaries, making sure that every vote counts the same. I hope that the other place heeds the debate in this place, and the fact that this was a Conservative party manifesto commitment, as they consider the measures in the usual way.
However, one outstanding issue is certainly the Boundary Commission and the way it will operate in support of this legislation. I hope the Minister is able to continue, through the Cabinet Office, to make sure that that organisation is doing everything it should to have the data it needs to put in place this important piece of legislation.
I close by saying an enormous thanks to the Committee Clerks, who made the running of the Committee so smooth, and also to the Minister, her colleagues, those Members who chaired the Committee and, of course, to you, Madam Deputy Speaker, for being here this evening.
David Linden
I echo the comments made by my colleagues on the Front-Bench about our thanks to those who presided over the Committee and to all the Members who took part. I regret that new clause 2, which sought to protect Scotland with 59 constituencies, was not passed. I think history will judge that vote harshly in the years to come, but that is a story for another day. I was speaking with a friend earlier this week about some of my favourite music and we were reflecting on a shared love of Green Day. I was reminded of their song “Wake Me Up When September Ends”, because when September ends we will have Lords amendments and I very much hope that when their lordships look at this Bill they will remove clause 2, which is an affront to democracy.
Madam Deputy Speaker
Oh, my goodness. I have no Member for North East Fife and although the hon. Member for Strangford (Jim Shannon) is in his place, he has indicated that he might not wish to speak—this is historic. Would the Minister like to wind up?
Chloe Smith
Well, Madam Deputy Speaker, let us consider the glory of the United Kingdom. Let us start, alphabetically, with the first constituency that comes to mind. My hon. Friend the Member for Aberconwy (Robin Millar) is not in his place, but if he were, he would doubtless tell us what a glorious place it is. We would then turn to the hon. Member for Aberdeen South (Stephen Flynn). Regrettably, he is not in his place, but if he were he would tell us how wonderful Aberdeen and Aberdeenshire are.
Mrs Miller
Does the Minister not agree that the debate has given everybody the opportunity to talk about the uniqueness of their constituency, and that the Boundary Commission should not forget that when looking at redrawing the boundaries, because that uniqueness in each of our constituencies is what makes us want to do our jobs?
Chloe Smith
I absolutely agree on that, and it allows me to do something rarely allowed to a Minister in such proceedings, which is to pay tribute to one’s own constituency. Let me put on record how wonderful Norwich North is, with its parishes and towns, which in themselves are separate communities. My hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) made the point about how fiercely such things are argued, even within a constituency.
Chloe Smith
Not until I have managed to name all the parishes and towns in Norwich North, which are, of course, as anybody will know, the wonderful places of Hellesdon, which goes back to the Domesday Book—shades of my maiden speech coming on here—Old Catton, Sprowston and Thorpe St Andrew, and next to those the historic characteristics of more urban Norwich.
Chris Clarkson
They sound like lovely parishes. I could also mention Norden, Bamford, Castleton, Heywood and Middleton in my constituency, and just have. I wish to pay tribute to everybody who participated in the Bill Committee, because I think we have achieved a robust Bill. Obviously, we will see what their lordships send back to us and no doubt we will have further interesting and exciting psephological exuberance, as I said earlier. I also wish to put on record my thanks to the Clerks, all the House staff and all the Bill Committee members, and, of course, to you, Madam Deputy Speaker, for being here tonight. I have to say how disappointed I am not to hear the hon. Member for Strangford speak—
Chloe Smith
May I close this unusual contribution to the end of a Bill’s proceedings by also noting how wonderful the constituencies are of our Whips, those of my hon. Friend the Member for Macclesfield (David Rutley) and—this may take us to the end of the alphabet, although I am subject to challenge—the hon. Member for Wolverhampton. [Interruption.] Oh goodness me, I meant my hon. Friend the Member for Walsall North (Eddie Hughes). I have got it wrong and I am going to face retribution for that—there will be letters written about the difference between those places. With that, I think I can now give way to a Whip to conclude tonight’s proceedings.
Madam Deputy Speaker
I believe York Outer is the last one. Let me now put the Question.
Question put and agreed to.
Bill accordingly read the Third time and passed.
Madam Deputy Speaker
I will not suspend the House, because I trust that hon. Members will leave quietly in the right direction and that those who want to contribute are already present.
Parliamentary Constituencies Bill
Wednesday 15th July 2020
(4 years, 5 months ago)
Lords ChamberRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 14 July 2020 - (14 Jul 2020)
Parliamentary Constituencies Bill
Monday 27th July 2020
(4 years, 4 months ago)
Lords ChamberRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 14 July 2020 - (14 Jul 2020)
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, despite several years spent scrutinising legislation in your Lordships’ House—and, indeed, many bad years before that drafting amendments—I must confess that this is the first Bill that I will seek to lead through the House myself. It is a great privilege to do so, and I look forward to working with all your Lordships on it in the coming months. Looking at the speakers’ list, I see that I seem to be surrounded by people responsible for organising most of the successful and unsuccessful elections for the past 50 years, so I can be sure that your Lordships’ wisdom will have great weight.
The purpose of this legislation is straightforward and, in many ways, modest. Its central aim is to enable us to achieve the Government’s manifesto commitment of delivering updated and equal parliamentary constituencies, and to do so on the basis of there being 650 seats in the House of Commons. The Bill is about the composition of the elected Chamber, and it has been backed by the elected Chamber.
Noble Lords will surely agree that the updating of our constituency boundaries is long overdue. The last parliamentary boundary reviews to be implemented in the United Kingdom were based on data—that is, the numbers of electors—from the early 2000s. That may seem like yesterday to many of us here, but the sobering fact is that our youngest voters were not even born then. Our current constituencies reflect how the UK was almost two decades ago. In those two decades, our country has changed enormously, having undergone significant demographic and migratory change. We need updated boundaries to reflect that. We also need to get back on track with boundary reviews that happen and come into effect regularly, routinely and reliably. This Bill delivers that and, in so doing, makes a number of common-sense and technical changes to update the boundary review process and the rules under which the four Boundary Commissions operate.
We have engaged with stakeholders, including the parliamentary parties and electoral administrators, as the Bill has evolved, and the provisions reflect their input. I appreciate the conversations that I have already been able to have with a number of noble Lords.
It is important to say from the outset that this is amending legislation and there are many elements of the existing legislative framework for boundary reviews that it does not seek to alter. Those elements none the less remain of interest both here and in the other place, and I will today touch on the most significant of them, such as the rules relating to constituency size. However, let me start with the things the Bill does do—the common-sense, technical changes.
First, as I mentioned, the Bill provides that future boundary reviews will be conducted on the basis of there being 650 parliamentary constituencies. To make this measure effective, the Bill brings the 2018 boundary review, which would have been the first to be based on 600 constituencies, to a close, without being implemented. Noble Lords will remember that the decision to make that reduction to 600 was taken by the coalition Government a decade ago. Since the change was brought into law in 2011, the UK’s electorate has grown and there have been significant changes in demography. Members of Parliament are representing more constituents than ever before, and they are taking on the role of scrutinising legislation and overseeing areas of policy, such as trade and immigration, that have previously been the preserve of the European Parliament. Under these circumstances, the Government think it right that the current 650 constituencies are retained. The House of Commons has assented to that.
Connected to this, the Bill also removes an obligation on the Government to make arrangements to review the effects of reducing the UK constituencies to 600. As that has not taken place, it cannot meaningfully be analysed.
Moving on to the frequency of parliamentary boundary reviews, the Bill provides for future reviews—after the next one, due to start next spring—to take place every eight years, as opposed to every five years, as currently. This new timetable will allow constituency boundaries to be updated regularly but with less disruption to local communities and their MPs as a result of constituencies changing at every general election. Let me add that a parliamentary boundary review generally takes two years and 10 months from start to finish: it is a significant exercise. The Government believe that every eight years is appropriate for something of this scale, as did the stakeholders consulted.
Still on the subject of timing, the Bill enables the next boundary review—on a one-off basis—to follow a slightly shorter timetable of two years and seven months. The formal start of the review will be in December of this year and the Boundary Commissions must submit their final reports by 1 July 2023 at the latest. Bearing in mind that it takes time for electoral administrators to implement new boundaries; for political parties to reflect them in their structures and for citizens to become familiar with them, this timing of July 2023 is important. It gives us the best chance of there being updated parliamentary constituencies in place ahead of the next general election, whenever that may be. The reduction in time is achieved by the Boundary Commissions expediting some of their processes and by shortening the public consultation process by six weeks, from 24 to 18.
The Bill also makes a small number of changes to the boundary review process—the nuts and bolts of what happens during a review. First, there is a change to the timing of public hearings. Every boundary review, as your Lordships know, includes extensive public consultation arranged over three separate periods. This engagement with the public and with political parties takes a variety of forms. For example, proposals can generally be viewed online, and comments submitted to the Boundary Commissions via their websites or by letter. In addition, there are public hearings, events at which individuals can make representations in person to members of their Boundary Commission. The commissions for Scotland, Wales and Northern Ireland must hold between two and five public hearings in their respective nations. The Boundary Commission for England must hold between two and five in each of the English regions.
Under current legislation, public hearings take place early in the process, during the first of three consultation periods. This means that the Boundary Commissions need to decide locations and book venues before they are able to get a sense of where feeling about their proposals is strongest. During our engagement with stakeholders, we heard that this timing could be better. The Bill therefore makes provision for public hearings to take place later, during the second consultation period, allowing the commissions to consider the responses received during the initial consultation and assess where public hearings are most needed. To make this change effective, the length of the consultation periods is adjusted, allowing more time in the second period for the public hearings to occur.
Secondly, the Bill makes some practical changes in relation to the data that the Boundary Commissions use when developing their proposals. Boundary Commissions look at a variety of data sources. First and foremost, they look at numbers of electors so that they can devise constituencies that fit within the size range set by legislation. The Boundary Commissions draw information on elector numbers from the electoral register, generally deriving that data from the version of the register that exists on the 1 December at the start of a review, known as “the review date”. This date is picked because it generally falls immediately after the completion of the annual canvass, the process by which electoral registration officers verify entries on the electoral register. I should add here that annual canvasses are not required in Northern Ireland in the same way, but a revised register is still published every year by the Chief Electoral Officer for Northern Ireland. The electorate data drawn from the registers in Scotland, Wales and England is then checked further by relevant government agencies: the National Records of Scotland and the Office for National Statistics. The collated information—a complete and current picture of the number of electors in all four nations—is then published centrally by ONS. From this point it is used by the Boundary Commissions.
I hope noble Lords will see that the rationale here is that boundary reviews are based on the most up-to-date, robust and transparent information on elector numbers. This approach has been in place since the Boundary Commissions were created in 1944 and we do not seek to alter it. That said, the Bill makes one change in relation to electoral data for the next boundary review only; I hope that your Lordships will understand that it does so in direct response to Covid-19. Rather than being based on the electoral register of 1 December 2020, the next review will use the version of the register from 2 March 2020, before the pandemic. The aim is to sidestep any potential impact that Covid-19 may have on the operation of this year’s canvass or the electoral register. I am pleased to say that this one-off change has been widely supported.
Still on the topic of data, as well as elector numbers, Boundary Commissions will of course look to devise boundaries that reflect the other factors that they may take into account, including geographical features, local ties, existing parliamentary constituencies and local government boundaries.
The Bill introduces a change to the way in which the commissions take account of local government boundaries. Currently, the commissions can work only with local boundaries that have been fully brought into effect at an election before the start of a review. This means that, in places, a Boundary Commission may be looking back one, two or even three years to how the boundaries were at the time of the last local election in that area.
The Bill changes that. In future, Boundary Commissions will be able to take account of prospective local government boundaries—that is, boundaries that have been made by an order but not yet used in an election—at the review date: the 1 December formal start of the review. This measure will help keep constituency boundaries better aligned with local government boundaries, where appropriate. For the next boundary review, it will mean that new local government boundaries in London, Hertfordshire, Berkshire, Devon and Cornwall may all be taken into account where previously they might not have been.
We now come to the end of the process: the point where the Boundary Commissions have done their work and submitted their final reports. Here, the Bill introduces what in the marvellous world of policy is described as “automaticity”. Automaticity is simply the idea that the recommendations of the Boundary Commissions, developed through the meticulous and consultative process I have described, should be implemented without political influence or interference. Recommendations will still be brought into effect by an Order in Council; however, the draft order will no longer require approval by Parliament prior to making. As part of this measure, the Government’s ability to amend the draft Order in Council if rejected by Parliament is also removed.
In the other place, there was a degree of misunderstanding about the intentions of this change. I assure your Lordships that the purpose of this measure is straightforward: to bring certainty and confidence to the citizen and the elector that updated constituencies will be implemented without interference and further delay. I suspect that I am not alone in remembering what delay and interference look like; I will not touch on anybody’s sensibilities by referring to episodes in this country’s recent history.
I am sure that others will have different interpretations of the ins and outs of why boundary reviews have been delayed in the past, but I hope we can all agree that there is a vulnerability in our current legislation in this regard, and yet also an urgent need for the next review to start in good order and deliver updated boundaries promptly and reliably. Automaticity is the answer to that conundrum, and we are not the only ones to think so. In moving to this system, we draw on the experience of countries such as Australia, Canada and New Zealand, where a similar approach is used.
We also heard support in the evidence sessions of the Public Bill Committee in the other place. Witness after witness spoke up for automaticity, including party representatives, the Electoral Reform Society and several academics. As they pointed out, the removal of Parliament from the end of the boundary review process in no way alters the fact that Parliament remains sovereign and continues to set the rules and parameters within which the Boundary Commissions operate. The contesting of a parliamentary constituency will always be about politics, but this Government believe firmly that the process by which that constituency is proposed, revised and implemented should never be.
I will finish by talking about aspects of the current legislation that the Bill does not fundamentally change. The key topic here is tolerance. Under existing law, the Boundary Commissions are required to propose constituencies that are within plus or minus 5% of the average UK constituency electorate, which is known as the electoral quota. This provision, which was introduced by the 2011 Act, ensures that constituencies across the United Kingdom are broadly equal in size, within a 10% range of the electoral quota. The Government are not changing this because we are committed to delivering not just updated constituencies but equal and updated ones. Both goals are crucial. Equal constituencies mean votes that carry equal weight. Our democracy relies on our electors having confidence that they are fairly represented, yet how can an elector in Milton Keynes South—one of 97,000—feel fairly represented when up the road in Northampton North, their fellow elector is one of only 59,000?
Within our broad ambition to achieve equal constituencies, we accept that there are a handful of locations in the British Isles whose unique geographies demand a greater degree of flexibility. The law therefore includes a limited number of exceptions to the tolerance rules. By and large, we are leaving these untouched. For example, the exception that exists for Northern Ireland remains in place, allowing in certain limited circumstances for a slightly wider tolerance to be applied. This recognises that nation’s small number of constituencies and the disproportionate impact that certain rounding effects that result from the allocation of constituencies to the four nations can have there.
Similarly, an exemption for very large, sparsely populated constituencies also remains in place, as do the four protected constituencies that were included in the 2011 legislation where the tolerance rules do not apply. Those four protected constituencies are Na h-Eileanan an Iar, Orkney and Shetland, and two constituencies on the Isle of Wight.
The one change we are making here, following an amendment supported by the Government, is to add a fifth protected constituency for Ynys Môn—Anglesey. This move addresses an anomaly and has been widely welcomed. All the protected constituencies are islands and Ynys Môn falls within the range they set in terms of both geographical and electoral size.
To conclude, we have before us a Bill whose core purpose is electoral equality and fairness, delivered through equal and updated parliamentary constituency boundaries. Debates and witness testimony in the other place have revealed a clear consensus that this goal needs to be met—and soon. We need constituencies that reflect the electorate as they are now, not as they were at the turn of the century.
The Bill makes sensible and supported improvements to the way boundary reviews operate. We are legislating for an appropriate number of seats, a better frequency of reviews, an improved set of review processes and a more certain method of implementation designed to enhance the independence of the impartial Boundary Commissions. The people of the UK deserve fair votes; they deserve effective representation; and they deserve to have trust and certainty in the boundary review process that delivers those things.
I commend the Bill to the House. I beg to move.
Baroness Hayter of Kentish Town (Lab)
My Lords, I welcome the Minister introducing his first Bill and I welcome being able to say that I welcome it. Of course, it rectifies a bad mistake made by the coalition, which sought to reduce the size of Parliament without a corresponding reduction in the size of the Executive and which reduced the accountability of MPs to their constituencies by giving them larger electorates and by legislating for frequent re-boundarying, making it harder to build up the knowledge and contacts that make for effective representation.
Of course, these are matters more for the elected than for your Lordships’ House. But it was ironic that the reduction of the size of that House was to happen just as this one grew disproportionately by the addition of Members who were here for life and—like all of us —neither removable nor accountable. It was hard to understand the rationale for that, so I look forward to hearing former members of the coalition Government—particularly the seven Lib Dems due to speak today, of whom three are in the Chamber—who, as Hansard reminds me, voted against our amendment on this subject, to explain the conundrum. Regrettably, neither the noble and learned Lord, Lord Wallace of Tankerness, nor the noble Lord, Lord McNally, who steered it though this House, is on the speakers’ list today. Anyway, it all means that we are of course delighted to see Clause 5, and to give it our wholehearted support.
Your Lordships would, however, expect us to look carefully at the rest of the Bill, to ensure that it achieves its objectives and to see whether there are amendments that we would like to table for consideration. Perhaps the major one is something that does affect us, because it is about the role of Parliament. Hitherto, as we have heard, Parliament has had to sign off the final proposals from the various boundary commissions. Indeed, it was, fortunately, because of this very power, and the then Government’s inability to get their proposals through the other House, that we do not now have a 600-seat Chamber at the other end of this building.
However, suddenly, in this Bill, without any prior consultation, that final backstop role of Parliament has vanished—and with it, any possibility for the Commons to pause the process. Instead, the Executive will simply, via an Order in Council, trigger the whole sweep of changes. The Government maintain that this is to keep the procedure completely free of any political input. But there will still be political input—from the Executive, who retain the ability of tabling or withholding that Order in Council, because that cannot be instigated by Parliament.
So, for the sake of argument, should the Government not like the outcome, and should they be planning an election—since they have also promised to repeal the Fixed-term Parliaments Act—would it not be very convenient to hold back that trigger, with Parliament unable to act? The Minister will, I am sure, say that the Government could do the same now, by delaying a statutory instrument—but at least that would be Parliament’s business, and therefore open to question.
Perhaps more fundamental, however, is the idea that Parliament—or politics—is somehow a bit grubby, and should not be able to give its final approval to something of such democratic consequence. Leaving major constitutional decisions to officials, with no parliamentary oversight, is difficult to defend. So I look forward to hearing the Minister—steeped as he is in Parliament and its ways—argue why, in this unique decision, Parliament should be shut out.
My noble friend Lord Lennie, who knows a thing or two about this, will say rather more about the issue of variance later, and will explain why the very small figure of plus or minus 5% is too restrictive to enable the boundary commissions to respect communities and geography, and to minimise disruption.
I will simply say two things. First, just as, in this House last time—thanks to the Lord Speaker, I think—we respected the Isle of Wight’s geography, and this time, thanks to a Conservative MP, Ynys Môn, or Anglesey, has been preserved as a seat, so we should enable the boundary commissions to respect equally important geographical realities, particularly in Wales.
I lived in Anglesey, in Bodedern, for a time—albeit I was unable to vote for Cledwyn Hughes, later Baron Cledwyn of Penrhos, as in those bygone days the voting age was 21, which I had not yet attained. So I know the island, and I feel its identity and cohesion. But I also know this in and around my maternal home of Ystradgynlais. My noble friend Lady Gale will say more about the valleys and their identity, as well as their travel challenges, in due course—things that necessitate some extra leeway to preserve community ties.
That brings me to the second point on variance. In their determination to have numerically equal electorates per seat, the Government have forgotten that MPs represent communities, not just individuals. MPs’ understanding of their local companies and schools, the local authority, the swimming pools, the universities, the sports teams, the churches, the charities, the culture and local history, means that they are embedded in the lives of their constituencies in a way that pure numerical determination fails to understand. So we will ask the Government to think again about the degree of flexibility allowed to the boundary commissions.
There are just two other points to make. One, in the context of this attempt to reach exact figures in each seat, is to remind the Minister that some 9 million—perhaps 20%—of those entitled to vote are missing from the register. That is a rough average of 10,000 per constituency. Given how many are missing altogether, that makes the obsession with the last 3,500—that is, of course, a smaller number for the 5%, now that we have 650 seats rather than 600—a little hard to understand.
Equally important for the representation of people in the Commons is that many simply do not get the chance to vote. The Electoral Commission recommended automatic voter registration, and the Select Committee of your Lordships’ House on the Electoral Registration and Administration Act 2013 recommended urgent action to tackle under-registration, including piloting automatic registration for attainers. So perhaps the Minister could respond to this proposal in advance of our tabling the relevant amendments.
Secondly, as we look to the future and to an election in, say, four years’ time—although the early date of the first boundary review makes me think the next election might be a little earlier—we have the space now to extend the franchise to 16 and 17 year-olds, whose lives will be affected by decisions in the Commons. I urge the Government not to dismiss this call but to give very careful thought to the planet, and the country, that we will leave to them, and to whether it is right to give those 16 and 17 year-olds a say over who will take the decisions that shape their lives. But for the moment we welcome the Bill, which will rectify a bad mistake, and I look forward to the speeches that will follow today, as well as to our discussions in Committee.
Lord Tyler (LD) [V]
My Lords, it is not my usual source for a wise text, but I shall begin with a quote from the Conservative manifesto of December 2019—significantly not repeated by the Minister this afternoon. We do believe that we should be
“making sure that every vote counts the same—a cornerstone of democracy.”
However, we remind the Government that any variance in the number of electors in UK constituencies pales into insignificance when compared with the way the first-past-the-post electoral system cheats voters. Some party supporters have to be hugely more numerous to secure representation than others. In December 2019, it took 33 times as many to secure an MP for one party when compared with another, so the worst ratio inequality was a staggering 33:1. We will have to return to this when we have a more comprehensive opportunity to make our system more fit for purpose, perhaps when the promised constitution, democracy and rights commission is up and running.
We can agree to some features of this Bill. The retention of the 650 MPs is now logical, and so too is the eight years between each review and redistribution; that is helpful. The base date for electoral registration totals is certainly sensible, and the overall emphasis on avoiding unnecessary, frequent and disruptive changes is very welcome indeed. That is the area which requires the most improvement in the Bill. For a start, Parliament must give a firm instruction to the Boundary Commissions to avoid, wherever practicable, crossing top-tier local authority boundaries. The classic case is the historic boundary that gives unrivalled integrity to Cornwall. The River Tamar provides a much better boundary with England than either Scotland or Wales currently enjoy. Even the Conservative MPs there now seem to have lost their enthusiasm for a “Devonwall” seat.
There are other examples. Crossing city boundaries to avoid splitting wards within them is manifestly absurd, encumbering MPs, the cities themselves and their citizens with totally avoidable confusion. MPs seem to have accepted that splitting large wards is preferable to creating constituencies that straddle more than one upper-tier local authority area, but the Bill must be totally explicit on this objective.
However, this gives added weight to the case for more realistic and flexible tolerances. As the independent academic evidence to the Commons Public Bill Committee from Dr David Rossiter and Professor Charles Pattie, drawing on the much-respected work of the late Professor Ron Johnston, made clear,
“Ward splitting certainly helped to reduce the amount of disruption, but in our estimates it did not reduce disruption anything like as much as widening the tolerances moderately.”
This is the core issue. Given that updated analysis shows that the previously alleged distortion between the electorates and voting in Conservative and Labour-held constituencies is now less significant and due more to registration levels, third-party activity and turnout as much as to any other factor, the disruption factor is all-important. Again, the academic evidence given to the Commons Public Bill Committee is absolutely explicit:
“Most of the bias that has caused comment and concern in recent years has come from other sources that are nothing to do with the constituency size issue.”
MPs on the Committee seemed to accept that and to be anxious to avoid massive pointless disruption.
I know from my own experience how important this is both for MPs and for their constituents. Between my first period in 1974 and my return in 1992, there was a massive change in Cornwall; only the long-suffering residents in the Bodmin area had to have me as their MP twice. Elementary arithmetic reveals that the tight 5% margins either side of the desirable electorate changes when—[Inaudible]—650 constituencies, compared with the 600 in the previous legislation. With a few hundred variables, the whole political geography can change. Several constituencies can experience a knock-on effect and established representation links can be arbitrarily destroyed. A 5% tolerance invites regular disruption and ever-present insecurity. No MP with integrity wants that.
For example, the proposed extension of the franchise to more UK citizens overseas, which is planned to take place while this review is under way, could distort many of the new proposals, given such narrow room for manoeuvre. As more people from the EU achieve UK citizenship, that too can alter local totals. We will want to examine meticulously the case for a 7.5%, 8% or 10% tolerance, and it looks like the Labour Party will support us in re-examining those tolerance levels. My noble friends would also have wished to have emphasised the need for greater effort to improve the completeness of the register and to bring it into closer alignment with the census. They will wish to examine the special geographical factors at work in Scotland and Wales.
This Bill is an improvement in a number of respects. However, it will succeed only if a realistic approach is adopted to prevent excessive disruption, to preserve consistency and to respect historic integrity. Ironically, in a different era, that would have been described as conservatism.
Lord Hayward (Con)
My Lords, first, I hope that I am correct in wishing the noble Lord, Lord Greaves, a happy birthday. Secondly, I echo the comments of the noble Lord, Lord Tyler, about the sad death of Professor Ron Johnston, who would have given evidence to the committee in the other place had he not died so tragically only a few days before he was due to do so. He was a man of great and impartial expertise, to whom the political geography of redistribution came so naturally—and so charmingly to everyone he spoke to.
Given the brevity that we are required to maintain in the debate, at this stage I intend to speak on only one aspect of the Bill: Clause 5, on the number of Members of Parliament. No doubt I will return to other more contentious matters at a later stage, such as automaticity, quotas and the like, but I should add that I broadly support the other elements of the Bill as they stand.
We have too large a political class in this country. It has inflated beyond a level that is acceptable in a modern western democracy. I am therefore disappointed to see that we are moving away from 600 MPs, a number which, as far as I was concerned, was far too many. In his opening comments, the Minister justified moving back to 650 MPs in part because of Brexit. I would have sympathy with that argument were it not for the fact that when we went into the EU, no one suggested that we should reduce the number of Members of Parliament.
When we went into the EU, and when the last EU legislation was passed in 1986, we had only two elected bodies in the United Kingdom, one in Stormont and one in Westminster. The 1986 Act states:
“The number of constituencies in Great Britain shall not be substantially greater or less than 613.”
We currently have 19 more MPs than the Act recommended, and since 1986 we have added 129 Members of the Scottish Parliament, 60 Members of the Senedd Cymru, 12 more Members at Stormont, 25 Members of the GLA, 41 police and crime commissioners, and elected mayors in Merseyside, Manchester, Watford, Bedford, Teesside and the like. Then, of course, we have 792 Members of this House which, sadly, is just about to be heavily inflated, a decision that I greatly regret, particularly given that so many of the people who will be undertaking that process had said themselves that they wanted to reduce the burden of government on individuals.
Where I agree with the comments of the noble Baroness, Lady Hayter, is that if we have a certain number of Members of Parliament, we should also have control over the Executive. We have much larger Houses than most other democracies. If we reduce the number of MPs to what I believe to be an acceptable level, there should be some way of acknowledging the control of the Executive. That is the job of both these Houses. But at the same time as we have been adding elected bodies in one form or another, depending on how you make the calculations we currently have 120 Ministers and Whips, a not quite record 42 Parliamentary Private Secretaries, and 109 special advisers—a number that in itself is up from 27 in 1987, almost the same point at which the legislation was passed.
We should reduce the number of people who govern this country, not just stabilise the total at 650. Given that I read the Sunday Times yesterday, I hope that soon—possibly in Committee—we might have what one might describe as a Quentin Letts amendment. We should restrict the numbers in this place and the Commons.
Lord Thomas of Cwmgiedd (CB) [V]
[Inaudible]—proposal for the implementation of reports of Boundary Commissions with what has been described as automaticity, without the current parliamentary approval and, therefore, it is said, without the possibility of political influence or interference at that stage. In future, unless Parliament changes primary legislation at the time of a report’s publication, it will cease to have a role. It is said we are drawing on the experience of successful examples elsewhere, in New Zealand, Canada and Australia.
The consequence of this change must be to move the focus of any risk of political interference to the Boundary Commission, as the final decision will no longer be for Parliament. This means that any risk of interference may move to the commission and the process of appointing it. It is therefore essential that the commission is not only independent but seen to be independent and appointed independently.
As noble Lords know, commissions are chaired by the deputy chairman in each jurisdiction, who has to be a High Court judge. In Scotland the deputy chairman is appointed by the head of the judiciary, the Lord President, and in Northern Ireland by the head of the judiciary there, the Lord Chief Justice of Northern Ireland. However, that is not the position in England and Wales. The appointment is not by the head of the judiciary, the Lord Chief Justice, but by the Lord Chancellor, a government Minister.
For England and Wales, this anomaly—which pre-dates the change to the position of the Lord Chancellor in 2005—must be changed, in my view, so that the deputy chairman is no longer appointed by a government Minister but, as in Scotland and Northern Ireland, by the head of the judiciary. Although, of course, the Lord Chancellor consults the Lord Chief Justice, in the light of the proposed change brought about by this Bill in effecting automaticity, that is no longer sufficient. That is because it is necessary to ensure that the independence of the judiciary is not undermined by any perception of partisanship or political influence in the appointment. It must be seen to be wholly independent of the political Minister that the Lord Chancellor now is.
At the same time it seems necessary to change the appointment of the two other commissioners. Professor Hazell and Dr Renwick of the Constitution Unit at University College London set out a number of alternatives in their evidence to the House of Commons Committee in June 2020. In agreement with them, I urge that the preference should be the appointment made by an independent committee, including the deputy chairman, as is present practice. That committee should then put forward a single name to the Minister, with a power to reject only if written reasons are given. That has proved a very effective mechanism for the independent appointment of judges.
If the commission’s decisions are, in effect, to be final and binding through automaticity and protected from political interference, the appointment process must be independent and therefore seen to be free of the risk of any perception of political interference and influence.
Lord Adonis (Lab)
My Lords, I have great respect for the noble Lords, Lord Hayward and Lord Tyler, but I had difficulty following some of their points.
On the point from the noble Lord, Lord Hayward, about the size of the House of Commons, it has historically always had about 650 Members. A century ago, it was larger at 707 Members; it has come down in size over that period. I do not think it excessively large for exactly the reasons my noble friend gave: we have an unusually large Executive in this country, partly because we are a unitary state. We do not have devolved government in England. Maybe we should have a smaller Government than 100-odd members, but as long as such a large proportion of the governing party are members of the Executive—about a third of the Members of the governing party in the House of Commons are members of the Executive—I see no alternative to a House of Commons about the same size we have at the moment.
As for the House of Lords, I think the noble Lord’s memory is somewhat short. It was the last Labour Government who dramatically decreased the size of the House of Lords by removing most of the hereditary Peers. The House of Lords is now much smaller than it has been for most of recent history.
As for what the noble Lord, Lord Tyler, said, I am a supporter of electoral reform. I support the mixed member system that Britain introduced into Germany after 1945 to get the best balance between directly elected constituency MPs and a proportional top-up—but we have had a referendum on that. We had a referendum in 2011, and whereas I was very open to exploring the results of the 2016 referendum, which was close and not on a precise proposition, the 2011 referendum on the alternative vote was on a very precise proposition and has been enacted by Parliament—and it was decisive; 69% voted against it.
My strong advice to my friends on the Lib Dem Benches is: do not go there. The way the progressive parties in this country will come to power in future is not by chimera ideas of electoral reform but by winning an election under the existing system. That is what we should devote our attention to doing.
My noble friend’s points were all well made and I agreed with them all. I amplify her final point about votes at 16. It is not clear to me what the Government’s policy is in respect of allowing the House of Commons a free vote; perhaps he could elucidate that for us in his reply. It looks as if on a free vote there probably is a majority now in the House of Commons for a voting age of 16.
Not only has the time clearly come for votes at 16— the group that wants representation and has a democratic right to it that is most unrepresented in our institutions at the moment is young people, particularly 16 and 17 year-olds—but it should go hand in hand with two other reforms. First, young people should be automatically registered at their place of study, which used to happen when I was a student. Then, all universities would automatically register all their students. The move towards individual registration has served to keep a lot of young people off the electoral roll. If we are to reduce the voting age to 16, the other change I would make is to have a polling station in every place of study—every school with a sixth form, every college and every university. The combination of those three reforms—votes at 16, automatic registration and a polling booth in every place of study—would transform the representation of young people and we would be a healthier society for it.
Lord Rennard (LD) [V]
My Lords, the Parliamentary Voting System and Constituencies Act 2011 was the subject of the fiercest and longest debates I have witnessed in this House. At the time my party was seeking a route to change to the AV voting system through a referendum, while the Conservative Party was seeking to address what it wrongly considered to be a bias against it in the system. My party failed to persuade people to vote for its preferred option in that referendum, and the Conservative Party failed to persuade either House of Parliament to accept the proposals for new constituency boundaries in 2013 and knew it would fail again with those of 2018—so the 2011 Act must be replaced. But to say that this Bill has been approved by the other place means only that it has been approved by the Conservative Party.
The Bill before us is better than that of 2011 in that it retains 650 constituencies and proposes reviews every eight years, not every five, but the basis of it remains flawed in at least two major respects. First, we still have a hopelessly inadequate system of voter registration, which provides the building blocks for drawing boundaries. Secondly, as we can see from the last two aborted review processes, the tiny variation of just 5% permitted to the quota for electorates in each constituency will prevent the creation of sensible constituencies based on recognised communities and will result in major disruption to many constituency boundaries with every review.
In 2015 the Political and Constitutional Reform Select Committee concluded that a variation of 7.5% or 8% would be consistent with the government aims and with avoiding these problems. We see from the 2013 and 2018 proposals how this inflexible figure of 5% results in great changes to many constituencies even though both sets of proposals were for the same number of seats. It was argued in the other place that splitting local government wards could limit this disruption, but an excellent and detailed note from the Boundary Commission for England explained very carefully and in detail why splitting wards is not practical on a widespread basis. This time we must properly address the problem of being unable to create sensible constituencies all within the 5% quota and which will otherwise often cross county and other local government boundaries and involve major disruption to boundaries, splitting up many constituencies every time a review is conducted.
Baroness Scott of Bybrook (Con)
I remind noble Lords of the advisory speaking time of three minutes. We must finish at 8.30 pm tonight and we have a 60-Member list, so we need to get on.
Baroness Pidding (Con) [V]
My Lords, one of the many privileges of being a Member of this place is having opportunities, such as we have this afternoon, to have a role in determining the structure and process of our democracy. As unelected Peers, this is even more of a privilege, and one that we must use with considerable care.
I welcome this Bill for many reasons, some of which have already been expressed. It seeks to learn the lessons of the ill-fated 2018 Boundary Commissions review. By streamlining the review process, not only will future reviews be concluded more efficiently, but the Boundary Commissions’ recommendations will be provided in a politically neutral pathway for implementation. Some noble Lords will find the idea of the recommendations being implemented by an Order in Council rather than by parliamentary procedure uncomfortable. However, I ask them to consider the result that party politics can have on this process, as we saw in the last Parliament. The Bill will not only allow the Boundary Commissions’ recommendations to be implemented but, as the Minister said, put us in line with our sister parliamentary democracies of Canada, Australia and New Zealand. I do not think that it will be easily argued that this process has undermined their democracies.
However, the main purpose of the Bill is not to steal good ideas from our overseas cousins, but to deliver for the British people up-to-date and equal parliamentary boundaries, as promised in the Government’s manifesto. The current parliamentary constituency boundaries are based on data that is two decades old. Given the increase in population and changing demographics experienced across the United Kingdom, we need a Parliament that reflects that change. The next review will use the latest electoral information and return the current number of constituencies, ensuring that we have a Parliament that reflects modern Britain, providing the electorate of the United Kingdom with equal and fair votes and representation, and delivering for the British people.
The Bill has two changes which I particularly welcome: first, that the Boundary Commissions are mandated to redraw the constituencies every eight years; and secondly, that future reviews allow prospective local government boundaries to be considered alongside existing ones, helping to minimise the lack of alignment of council wards with parliamentary boundaries.
The Bill was passed by the other place with only two government-backed amendments, one to make Ynys Môn a protected constituency and the other to ensure that the next review is based on electoral data taken in March this year. Otherwise, the Bill was passed without further amendment—by Members who were returned by the electorate of this country only a few months ago, in a historic election in which this Government won an 80-seat majority with a promise to modernise parliamentary boundaries as part of a manifesto which this Bill is designed to deliver.
Lord Kerr of Kinlochard (CB) [V]
I agree with the Minister that it would be absurd to fight the next election on boundaries that are a quarter of a century old, but let us not exaggerate the good that the Bill does. It will not give every citizen an equal say in the nation’s affairs. It cannot while we hang on to first past the post, as the noble Lord, Lord Tyler, reminded us, and, as the noble Baroness, Lady Hayter, reminded us, while we reject automatic registration, leaving off the register 9 million eligible people, primarily poorer, younger and from minority-ethnic communities. Automatic registration works elsewhere. Democracy demands it here.
My chief concern is the cohesion of the kingdom. We are told that Scotland will lose three seats and Wales will lose eight seats. Are we sure that statistical tidiness makes political sense? Right now, I oppose the 2011 Act, which would have culled six Scottish seats, so of course I welcome Clause 5, but it does not address the elephant in the room: the growing perception in Scotland, Wales, and now, strikingly, in Northern Ireland—because of the Johnson frontier in the Irish Sea—that the voices of the smaller nations go unheard. The Bill will not weaken and may slightly strengthen that perception.
If it were not against the spirit of the age, I would suggest that the Government reflect on the allocation of seats in the European Parliament, which has from the start favoured smaller member states, as has the Council’s voting systems. If it were not against their perceived party interests, the Government could have proposed amending Schedule 2 to the 1986 Act to allow the Boundary Commissions to consider the additional criterion of peripherality, and to take more account of sparsity of population. The more distant a constituency, the harder the job of representing it. To drive to the highland constituency represented for so long by Lord Maclennan of Rogart, whom we greatly miss, would take 12 hours; to drive across it would take two more hours. For distant rural seats, it would make sense to widen the permitted 5% variation. To do so makes sound strategic sense if we really think that our endangered union is precious.
“Magnanimity in politics is not seldom the truest wisdom”.
I am sure that the noble Lord, Lord True, knows his Burke.
Lord Hain (Lab) [V]
My Lords, the noble Lord, Lord Kerr, made some powerful points. Until now, the principle of constituency equalisation has been applied by the Boundary Commissions in a fair and sensible way, taking proper account of local views, community identity and geographical sparsity, instead of being rigidly straitjacketed, as this Bill requires, and damaging Wales more than anywhere else, as my noble friend Lady Hayter has said.
In no other nation or region of Britain, proportionate to the population, are there such large and remote areas and vast rural areas with many thousands more sheep than people and constituencies of many hundreds of square miles. Yet under this Bill, four existing geographically large constituencies across mid, west and north Wales could well become two monster ones of thousands of square miles each. The Prime Minister can drive across his constituency in five to 10 minutes, but it takes a couple of hours or more to drive from one corner of the current Brecon and Radnorshire constituency to another.
Moreover, before 2010, every Parliament and Boundary Commission understood and accepted an elementary verity about former coal-mining Welsh valleys: that you cannot communicate with the next valley by the shortest route, because that is over the top of the mountain. You must travel to the top or bottom and go around. Communities in each of these valleys have different histories and identities, including, importantly, on the Welsh language. Parliament first decided in an Act in 1944 —well over 70 years ago—that because of Wales’s uniqueness, there should be no fewer than 35 seats. This Bill will result in an arbitrary cut of fully a fifth, from 40 to 32 seats in Wales.
Most offensive is the way that the Bill sweeps away local democracy. For generations, constituency boundaries have been reviewed and adjusted by local agreement not central diktat. Local people have had the opportunity to object if community identities were threatened or unsuitable mergers with nearby towns or villages were proposed, but the Bill has unilaterally dumped this for a rigid formula, with Wales most punitively hit.
The original, fairer, more transparent and consensual boundary review system should be restored. Equalisation should not be applied in such a dogmatic, rigid and politically discriminatory fashion; then we could have a fair and democratic boundaries Bill, not this unfair one, which rides roughshod over local community views, especially in Wales.
Lord Young of Cookham (Con) [V]
My Lords, I welcome the Bill so ably introduced by my noble friend, even though the 1986 Act that it amends abolished the Ealing Acton constituency I represented for 23 years, making me politically homeless until the good voters of North West Hampshire offered me their hospitality.
The most controversial aspect of the Bill is its so-called automaticity. Some Peers do not like this because it goes too far; my concern is exactly the opposite —that it does not go far enough. The Government contend that this change will
“provide certainty that the recommendations of the independent and impartial boundary commissions will be implemented without political influence or interference from either government or Parliament”.
This is a worthy objective. Many noble Lords will remember—my noble friend Lady Pidding referred to it—how the Labour Party and the Lib Dems, here and in another place, joined up to postpone the boundary recommendations in 2013, even though they implemented legislation put on the statute book by Nick Clegg. Noble Lords with longer memories will recall, in 1969, Jim Callaghan laid the necessary order in the Commons and then invited his party to vote it down, described by Callaghan’s official biographer as a “a cynical partisan manoeuvre”
and
“pragmatic delay, untrammelled by principle”.
He was said in later life to have regretted what he did.
Those two examples show the importance of insulating the Boundary Commission from political interference, but the Bill does not do this, because Clause 2 retains the words
“as soon as reasonably practicable”,
referring to the interval before the Government lays the Order in Council to give effect to the recommendations of the Boundary Commission. This was the point made by the noble Baroness, Lady Hayter. Any Government could undermine the purpose of the Bill by simply not doing this.
We have a recent example of exactly this happening. The Boundary Commission submitted its last report in September 2018 and, under the law, Ministers should have laid the order “as soon as practicable”. It still has not been laid nearly two years later. No one could argue that it was not practicable to have done so, but there has been no legal challenge. What would prevent a future Government, who find the recommendations not to their liking, simply not laying the order?
I ask my noble friend whether he will look kindly on an amendment in Committee to replace the words “as soon as practicable” with a specific time limit to remove the possibility of gerrymandering and achieve the objective of the Bill, as set out in the quotation I referred to. That would thereby achieve objectives that I otherwise wholeheartedly support.
Lord Greaves (LD)
My Lords, I am not grateful to the noble Lord, Lord Hayward, for reminding noble Lords that it is my birthday, but I thank him for the commemoration anyway. At my age, I try to forget about it. I agree entirely with my noble friends Lord Tyler and Lord Rennard, so I will try not to repeat what they said. I have to say to the Labour Party that, if we want, we could spend the whole of the Bill refighting battles and arguments from 2011. I do not think that would be useful, because we need to co-operate to scrutinise carefully the legislation that the present Government are putting forward. That requires us to work together.
The 2011 legislation, the Parliamentary Voting System and Constituencies Act, was a shambles in almost every respect—while it was taking place, in this House and in the way it came out, on all sides. We should learn from that. It teaches a great deal of lessons that are not for today about how to work coalitions, should there ever be another one, and their internal workings. The shambles were a direct result of the internal structure of the coalition, which was far too top-down and dependent on negotiations and deals done between two people, who did not know much about many of the things they were dealing with.
The 5% is important. I have no problems with the Bill increasing the number of constituencies back to 650. I have no problems with 650, and could not understand why everybody was getting so worked up and agitated about the difference between 600 and 650. If people want to reduce it to 300 or 350, it would be something to talk about. I would not agree, but it would be an argument worth fighting if you did. This 600 to 650 is neither here nor there, nor worth talking about.
However, it will not help in Lancashire, where the two proposals were both very similar. People are restricted to 5% and, because they had to start somewhere—and they started on the coast and came inland—by the time they got to the Pennines, it was a complete botch-up. Since we will probably lose a seat because of the changes from present, I do not think it will make much difference. We can talk about that in Committee. I have used up my time. All I will say is: if we and the Labour Party want something sensible from the Bill, let us work together.
Lord Janvrin (CB) [V]
My Lords, I was a member of the Select Committee on the Electoral Registration and Administration Act 2013, which reported earlier this month. I intervene in this debate to underline that some of the key conclusions of that Select Committee report bear directly on the aims of the Bill.
As the Minister stated, the Government wish by the Bill to deliver their manifesto commitment to have
“updated and equal UK Parliamentary boundaries … making sure that every vote counts the same”.
The process to determine this level playing field that would achieve this depends crucially on the quality of the data used, in particular the completeness and accuracy of the electoral registers. The Government clearly recognise the importance of good data; as has been stated, it was one of the reasons for introducing this legislation and it led the Government to introduce the new Clause 8 in the Bill.
But the Government need to think about going further. They need to address the important finding of our committee report that much more should be done to ensure the completeness and accuracy of the electoral registers, the key data for future boundary reviews. In our committee hearings, as mentioned by the noble Baroness, Lady Hayter, and other noble Lords, we heard in evidence that millions of eligible voters are missing from the registers. The UK lags behind other countries in addressing this issue. We heard that there are regional disparities and that underrepresentation was more likely among certain demographic groups, including the BAME community, the young and students, the disabled and those in care homes. The committee specifically drew attention to the serious implications of this on the work of reviewing parliamentary boundaries and achieving the level playing field we all want.
Talk of completeness and accuracy of electoral registers may sound esoteric to some, but it certainly goes to the heart of much of the wider political debate about trust in the democratic process, regional disparities, race and inequality. I urge the Minister to prioritise work to improve the electoral registration process and ensure that the wider aims of the Bill can be achieved in the longer term.
Lord Empey (UUP) [V]
My Lords, there are many positive aspects to the Bill, but I will concentrate on a couple of points. First, with regard to who finally decides, we have a view in this country that if you appoint an outside body, everybody on it is therefore independent and impartial. The trouble with that is that they are not accountable; for better or ill, Members of the House of Commons are. It would be worth looking again at this proposal because, if a body is accountable, the political decision clearly lies there. We cannot push all our key decisions to third parties and not be prepared to take tough decisions ourselves. While there is, of course, self-interest in having the power to decide, that is what the House of Commons is there for. Members are elected to the House of Commons to take decisions, not to farm them out to somebody else.
There is an issue about flexibility. Having equal constituencies and votes of equal weight is an impossibility when you have already set aside special circumstances for geography, which I fully accept. It is an unachievable dream.
I would like the Minister to run over another issue. We have four boundary commissions. Why? We are talking about seats in the House of Commons—a UK-wide Parliament. Following the recent 2018 review of parliamentary boundaries, our Boundary Commission for Northern Ireland was taken to court and lost the case. It was said that it had fettered its discretion. We can achieve the same goal of having local input by having people from all four nations on a boundary commission. We did that recently with the formation of the agriculture commission. So we need to look at that. If people think that our boundary commission is so good at local knowledge, it came up with a constituency that looked like a sausage—it had neither shape nor make nor any coherence to it. So I am not convinced that having four outfits trying to do the job of one is necessarily the best way forward. Perhaps that is something we can look at in Committee.
In general I support the Second Reading, but there are some very good points to argue. Farming decisions out to third parties is not necessarily the best way to do things.
Viscount Trenchard (Con) [V]
My Lords, I thank my noble friend the Minister for introducing this Second Reading debate. In general, I welcome the Bill and it is well overdue.
I am not sure that the reasons given to overturn the decision to reduce the number of MPs from 650 to 600 are very convincing. There are many parliamentary democracies with larger populations but smaller numbers of elected representatives than is the case with our House of Commons here at Westminster.
A better reason for retaining 650 seats is that it should allow more existing constituencies to continue with their current boundaries, or with relatively minor changes. The continuing coherence of our parliamentary constituencies is more important than it is given credit for in most commentary on the Bill that I have read. The previous proposals under the Boundary Commission’s report of 2018 would have resulted in the boundaries of a large number of constituencies no longer corresponding precisely to local authorities’ boundaries. This would have been regrettable.
I have been president of the North East Hertfordshire Conservative Association for many years. Our members were not at all happy that the constituency was to be renamed Letchworth and Royston, because it was expected to incorporate small parts of both Bedfordshire and Cambridgeshire. There are other towns in the constituency with their own characteristics, and very many electors did not identify with either Letchworth or Royston.
Most people still identify with their county. It was a pity that, under the 2018 plan, many constituencies would have had to drop the reference to their county from their new name. My Member of Parliament, my right honourable friend Sir Oliver Heald, at present has to deal with only Hertfordshire County Council and two district councils, North Hertfordshire and East Hertfordshire. Under the 2018 plans, he would also have had to deal with councils in both Bedfordshire and Cambridgeshire.
I have some sympathy with those who believe that there should be slightly more flexibility than the maximum 5% deviation from the average electorate to ensure that there is a smaller number of incoherent constituencies crossing local authority boundaries. Indeed, one of the strongest arguments for the first past the post system, which I support, is that there is one Member representing all electors in one coherent single-Member constituency.
I ask my noble friend to confirm that, at present, the high sheriff of a county is the returning officer for all parliamentary constituencies in his or her county. Where a constituency will in future straddle two counties, who will decide which of the two high sheriffs will discharge this duty?
I am generally happy and agree with the Bill’s other provisions.
Lord McNicol of West Kilbride (Lab) [V]
Like many who have spoken, I welcome the Bill. The first eight clauses are probably the meat of it. I will try to touch on a few points on Clauses 2, 4, 5 and 8.
Clause 2 touches on the need for the approval of both Houses. This is sensible, as can be clearly seen. If we had not had a system of the approval of both Houses when the previous discussions about the boundary changes and the move to 600 went through, the changes would already be in place. So needing the approval of both Houses is both sensible and a very good backstop.
I have a question on Clause 4 regarding public hearings, which I do not think has been touched on yet, and the move from the first to the second consultation. It is sensible for input on the public consultation to be in the second round. That will allow communities and parties to have sight of other proposals that are made. My concern would be with the boundary commission having more set plans and being less able to effect or bring forward changes if we have already gone through the first part of it. Most importantly, public consultations need to be fair, open and transparent.
I have another point on Clause 5 with regard to the voice of the smaller nations. I completely understand and get the idea of moving to constituencies of a similar size. The 5% plus or minus will make it very difficult to fit in more council boundaries, so looking to move that would be sensible. However, my point goes back to what the noble Lord, Lord Kerr, and my noble friend Lord Hain said about the nations. Currently, Scotland, Wales and Northern Ireland have 117 constituencies, with London and the south-east having 156. These proposals will change it so that Scotland, Wales and Northern Ireland will have 106 and London and the south-east will have 164. That will further endanger the unity of the union. Other considerations could be brought into the Bill with regard to rural constituencies that are distant from Westminster, et cetera, that would trump the size of the constituencies.
Finally, on 23 July Jon Cruddas MP wrote to the Prime Minister raising real concerns about Havering Council’s Conservative group and conversations about the gerrymandering of boundaries. That obviously brings back for all of us memories of the wilful misconduct that happened in Westminster City Council. I raise this to put it on the record as a concern. It needs to be addressed and dealt with.
Lord Campbell of Pittenweem (LD) [V]
My Lords, I begin by adopting the observations made by my noble friends Lord Rennard and Lord Tyler. I will take up the issue on which the noble Lord, Lord Adonis, commented, in which he was dismissive of those of us who argue for proportional representation. I wonder whether he understands that it takes a Green MP 33 times the number of votes as an SNP MP to be elected to the House of Commons. Mr Farage’s party fought a general election and got 3.5 million votes, and yet it did not have a single representative in the Commons. How would the noble Lord, Lord Adonis, deal with that problem while we wait for the remarkable achievement of all the opposition parties coming together?
I certainly support voting for 16 and 17 year-olds in this context. If your Lordships have any doubt about that, accept one of those outreach engagements and go and talk to a class of 16 year-olds. You will find that they know just as much as anyone else about political issues and about the remedies which might be used to deal with them.
I am also of the view that the less influence that Parliament has, the better it will be for the system. I think the noble Baroness, Lady Hayter, referred a little earlier to something being grubby. Nothing has been grubbier than the fact that successive Governments of all colours, including the coalition, were willing to disregard the obvious way—the orthodox way—in which the reports of the Boundary Commission should be dealt with. In that respect, I am much attracted by the proposal of the noble Lord, Lord Young of Cookham, that the way in which to deal with the Order in Council is to make its laying subject to a time limit.
Finally, I come back to the issue of 650 constituencies rather than 600. The coalition Government took office back in 2010, and a great deal has happened in those 10 years. What has happened for Members of Parliament is that access to the internet has increased to an exponential degree among the public, and the contents of what we as MPs used to describe as our postbags has increased to a quite remarkable extent. That the demands are greater than they have ever been is reflected in the fact that IPSA has consistently raised the amount of money available to Members of Parliament for their staff. I favour some of the other parts of the Bill but I hope that we will have the opportunity to consider these issues later in Committee.
The Earl of Clancarty (CB) [V]
My Lords, the problem with a first past the post system is that there is no such thing as a fair constituency, let alone a fair constituency boundary. I am not a historian in these matters but, looking at the Second Reading of the Bill in the Commons and the mutual suspicion that arose during debate of what should surely be purely technical concerns, I can imagine that this mutual suspicion goes back through the ages.
I do not blame the Government that there is apprehension over the ruling party influencing the system; that is the nature of the system. PR would of course not just be hugely fairer but would mean less political interest in the problem of coherent constituencies, since it is the number of representatives for each polling district that is crucial, not the size of the electorate or the shape of the constituency. The tussle between 5%, 7.5% or 10% quota tolerances feels like another unnecessary battle, and under the present circumstances, this would be less so if all eligible voters were registered.
In Germany, everyone has to register—including, perhaps amazingly, if you are homeless—and that is the basis both of the electoral register and the calculation of the quota. In Britain, according to Electoral Commission research, 9.4 million people are missing from the electoral register—a whopping 17% of eligible voters, including the young, those who rent and those on low incomes. There is a lot of talk at the moment about how best to ensure that black and ethnic minorities are treated equally. I point out to the Minister that surely the best way to help those who are systemically disadvantaged is systemically, and that therefore we urgently need automatic voter registration.
I agree with the comments of the noble Lord, Lord Adonis, about 16 year-olds. However, up to that point, boundaries should be based on census data to improve representation in areas with lower registration. In any case, MPs represent everyone in their constituency, whoever they are. What we do not require is forcing voters to provide photographic ID at polling stations, when voter fraud was committed by 0.000063% of the population, and 3.5 million people do not have photo ID.
On parliamentary oversight, I agree with the Constitution Unit when it says that allowing politicians any role in ratifying or blocking proposals runs counter to any democratic principle and that, irrespective of the voting system we currently have for general elections, we clearly need the boundaries reviewed and based on up-to-date data. However, it also says that
“automatic implementation is clearly appropriate only if the review process itself is genuinely independent of any improper interference.”
So there is yet another question of trust: how confident can we be that that will be the case? Again, that would be less of a problem with PR because the review process would be more straightforward, with less at stake politically, and, as a matter of course, no doubt, all sides would encourage frequent consultation with communities, and at an early stage in that process.
Lord Mancroft (Con)
My Lords, I welcome this Bill to address the inconsistencies in the composition of constituencies. I shall keep my remarks as brief as I can in view of the inordinate length of the speakers’ list.
It is ridiculous that in a modern, vibrant democracy, we still operate elections to the House of Commons based on data from 2000, and 2001-03 in Scotland, Wales and Northern Ireland. Your Lordships will be aware that the attempts to address this in 2011 were postponed until 2013, and in 2013 until 2018, because it seemed unlikely that the other place would approve any changes both to the size of constituencies and, more importantly, to their overall number.
Of course, the electorate deserve not just to be properly but fairly represented. As with any rules, there are exceptions—such as the Isle of Wight, Orkney, the Shetlands and now Anglesey—to be taken into account, as the Bill quite rightly does. However, the differentials between seats have become too great over the passage of time, and it is quite clear that change has been resisted, particularly by Labour, to seek electoral advantage. I suppose that that is not as bad as trying to seek electoral advantage by altering the whole system in your favour, as the Lib Dems unsuccessfully tried to do—which seems neither liberal nor democratic, but I suppose one should not be too surprised about that.
The significant change in the Bill from the proposals made in 2011 and 2013 is of course the reversion from 600 to 650 seats. I have listened very carefully to the debate but I still have no idea what the right number should be. Perhaps one of the next 42 speakers will enlighten us. I share the view of the noble Lord, Lord Greaves, that it is not exactly a revolutionary change, but it is clear to me that the Government have made this significant concession to ensure that the Bill is enacted and the electorate get the fairer representation they need. The Government have justified the change in that policy by citing the increase in the workloads of MPs following our departure from the EU. I hope that the Government recognise that that increase in work at one end of the Corridor will inevitably lead to an even greater increase in work in your Lordships’ House, which already habitually sits for longer hours and more days than the Commons—as evidenced by our sitting today while our honourable and right honourable friends frolic on the beaches.
I therefore hope that the Government will ignore the currently fashionable but woolly-headed idea that this House is too large. A House whose membership is largely part-time obviously requires more Members than a House of full-time Members if it is to fulfil its role, particularly if its workload is greater. That is just simple logic. However, I suspect that that change in the Government’s policy in relation to the size of the House of Commons may have had rather more to do with the realisation that turkeys do not vote for Christmas. Perhaps the Government will remember that when they turn their attention to the future of this House.
Baroness Gale (Lab)
My Lords, I welcome to some extent the Bill before us today, as it is an improvement on the previous Act and keeps the 650 seats. However, I must say that, as far as Wales is concerned, it is not good news, reducing its Members from 40 to an estimated 32 seats.
The restrictive 5% quota will have a disproportionate impact on Wales. The geographical nature of Wales, with our beautiful and scenic mountains, our rural areas and the valleys of south Wales, with their close-knit communities, means that, under the 5% quota, there is a danger of splitting communities and creating very large constituencies. With the mountains and valleys dividing constituencies, the task of creating constituencies that make sense to the communities becomes very difficult. I urge the Minister to consider the impact that this one-size-fits-all approach to constituency boundaries would have on communities across Wales.
It is crucial that the boundary commissioners are given greater flexibility to take into account the unique geography of Wales. For example, the seats in sparsely populated areas that have a much larger acreage, such as Brecon and Radnorshire, Montgomeryshire and those in Carmarthenshire, are all rural areas with already very large constituencies. Contrast this with the geography of the south Wales valleys, with each valley tending to have its own constituency. Under the Bill, we will potentially see constituencies with more than one valley, and with a mountain range between them. Certain geographical features, such as those valleys, should be given extra consideration than the 5% variance when it comes to drawing up Welsh boundaries.
The Welsh language is a crucial cornerstone of Welsh identity, and the Boundary Commission should be given greater flexibility when drawing up boundaries around these communities. There is concern that the historic Welsh-speaking communities could be split up in the next boundary review, with no thought of the long-term implications for the Welsh language in those areas—I accept that the Welsh-speaking area of Ynys Môn is being protected, and that is a good thing.
There will always be a need for variance, and it is a question of striking a balance between having constituencies that are broadly equal and constituencies that represent community ties. The Labour Party supports drawing constituency boundaries that truly reflect the communities within them. I trust that the Minister will take note of this.
Lord Shutt of Greetland (LD) [V]
My Lords, this Bill is about the appropriate use of the various building blocks of our democracy. The first building block is the electoral register. I have been privileged to serve as chairman of your Lordships’ Select Committee on the Electoral Registration and Administration Act 2013. Committee members are very much aware that the register itself is the first building block, and we have been very concerned by its lack of completeness. The register is perhaps 80% to 85% complete, comparing very unfavourably with 96.4% in Canada. Completeness must be improved.
We are pleased that, following the rush to get on the register for the 2019 election, two-thirds of a million people registered on the last day. However, the extra registrations from those who just missed the deadline mean that March 2020 is the most accurate date for which we have numbers, and shows the radical reform that is much needed in register-making needs. In my view, the Bill’s requirement for all constituencies to be within 5% of a quota—somewhere in the region of 73,000 people—is too tight to achieve constituencies that have clear and understandably linked communities.
It is also important to note that although wards make significant building-blocks, they vary significantly in number. In North Yorkshire, there are wards of under 1,000 electors, but there are over 70,000 electors in both Leeds and Sheffield. Polling districts will often make better building-blocks in urban areas.
Let me give the House an example. In the borough of Calderdale, where I live, both constituencies, using the 2019 numbers, are near the quota: the Halifax constituency is about 3% under it, which is within the suggested 5%, but the Calder Valley is about 6% over it, and therefore outside the tolerance figure. The splitting of a ward and the transfer of three polling districts—which are themselves distinct communities—would meet the 5% objective. Either way, the Government could get a good result. I suspect that most people would prefer not to change. However, I have to say that, in our area, either of those results would be certainly far more suitable than any of the three ways put forward by the previous Boundary Commission. Happily, these were aborted, as they would have brought in three different areas from Bradford.
Lord Wigley (PC) [V]
My Lords, it is surely presumptuous that this unelected Chamber should determine the electoral process. The need for democratic legitimacy in this Chamber is far greater than the need for the Bill.
The Bill starts from a false premise, regarding the UK as a homogenous unitary state. The devolved reality requires Westminster to move forward with a more federal approach, yet the Bill replaces the individual electoral quotas of the four nations with a single UK electoral quota.
I have always seen an MP as a representative, not a delegate. For 27 years, I represented Caernarfon, including 100 miles of coastline and the Snowdon summit. It had a huge variety of environmental, economic, cultural and sociological factors. It had 93 towns, villages and hamlets, and 28 community councils, all of which rightly expected me to visit regularly. I represented farmers and fishermen, slate quarrymen, factory workers and tourist operators, and a unique cultural heritage, where 80% of people spoke Welsh as their first language. To do justice to such a variety of electors required a far greater time commitment than twice the population within a few square miles would have.
Our voting system should aim to generate an equality of representation, not numerical uniformity, and that means flexibility in constituency size. The ultimate corollary of a strict numerical approach is compulsory voting by proportional representation and multi-Member seats. It is nonsense to say that every Member must represent the same number of voters and then allow their election on a 50% turnout, winning perhaps 30% of the vote, or just 15% of eligible voters.
The electoral registration process is woefully deficient and generates less accurate population figures than do the census and the ONS estimates. The Bill also fails to deal with the multiple registration of students and second homeowners, which causes fluctuating quota numbers through the year. Under the present system, we see economically deprived areas underrepresented. This Bill does nothing to put that right. Any one of us who has canvased in an election will know that the register has massive gaps, and these are often the very people who most need an MP’s support.
When constituents came to see me in my surgeries, I would never ask whether they were a registered elector; I would take up their case if their address was in my area. An MP’s workload is not related to electoral registration, and if we are to move to an arithmetically binding formula, we are moving away from the basic premise of Britain’s representative democracy. While I accept that there has to be improvement on the present system, the Bill does not necessarily deliver the changes needed.
I have two final points. I greatly regret the reduction of Wales’s voice from 40 to an implied 32 MPs, without an increase in the number of Senedd Members in Cardiff Bay, which will be needed to undertake the augmented legislative workload. However, I welcome that the Government have accepted Plaid Cymru’s proposal to protect Anglesey’s unique status as a community. Such a community-based approach should produce a very different pattern from that likely to come from the implementation of the Bill.
Lord Dobbs (Con) [V]
My Lords, what a pleasure it is to follow the noble Lord, Lord Wigley, as always, and share in the pride he takes in his roots. I am not sure that he sufficiently emphasised one important point: that it is not possible to be fair to Welsh, or Irish, or Scottish voters without at the same time being fair to English voters too. It is that sense of balance between us that allows us to take strength in our differences and move forward.
The Bill comes against a long background of sordid party shenanigans, and that has been part of this issue for decades. I was first a voter in a general election in 1970. It was an election that the Labour Government tried to tweak, or fix, perhaps, by voting down its own Boundary Commission report. Who will forget the somersaults performed by the Liberal Democrats in the coalition who, having time and again promised voters their voice in a Brexit referendum, changed their minds only when it no longer suited them? So much for political virtue: “Dear Lord, may I be chaste and virtuous, but not just yet.”
We know that we need the Bill: it is long overdue. We will discuss the finer merits of 5%, 6% or 7.5% and dance on the head of a pin, although I think the Opposition need to do much better in identifying why their favoured target is better than 5%—which, of course, means 10%—because the further we get away from it, the less equal the outcome will be.
I say this about parliamentary oversight and automaticity. Frankly, it goes against all my instincts to hand over too much power to a quango, a Boundary Commission. You have only to witness the appalling record of the Electoral Commission for all doubts to magnify. Yet Parliament has shown that it is not up to the job of being both judge and jury. On the other hand, my caution about quangos still kicks in, particularly in an age of social media lynch mobs. Does the Minister have any plans to strengthen the independence and judgment of the Boundary Commissions and to protect them in their work?
This is a Bill that would have been welcomed by Chartists and suffragettes alike, and I hope that this unelected House will welcome it too.
Lord Harris of Haringey (Lab) [V]
My Lords, the Bill effectively supersedes the Parliamentary Voting System and Constituencies Act 2011 and, as such, as I think the noble Lord, Lord Dobbs, is admitting, is an improvement, in that it does not force through an arbitrary reduction in the number of MPs to 600. There was no rationale whatsoever for the number 600, other than that advanced by the then Leader of the House, the noble Lord, Lord Strathclyde, that it was a big round number.
The Bill does, however, set the number 650 in legislation rather than allow the Boundary Commissions discretion to make recommendations that best deliver effective representation at constituency level. I welcome what the noble Lord, Lord Dobbs, said about strengthening the role of the Boundary Commissions, because it is very important that they are able to exercise proper judgment about what is effective representation at local level. I am not worried if there is some slight variation around the 650 level, provided that the commissions’ recommendations make sense at local level in terms of the communities that our Members of Parliament are expected to represent. The essence of parliamentary democracy is that a local community elects an individual to represent it in the other place. For that to make sense at local level, the community and the boundaries should make sense for that locality.
The task the Boundary Commissions are set should not be so circumscribed that the boundaries are meaningless and represent no more than lines on a map to deliver a spurious mathematical equality. One of the elements of the 2011 Act was the requirement that the commissions were not allowed to deviate from the electoral quota by more than 5%. This reduced the flexibility that had been previously available and made it more difficult to deliver constituencies that made sense in terms of the localities on the ground. What is more, the commissions are merely permitted to consider local authority boundaries. The consequence is that far more parliamentary constituencies will straddle local council areas, and that is unhelpful. MPs need to be able to represent their constituents, and it makes sense therefore that the boundaries reflect the communities on the ground. They must recognise natural features and physical divisions in the area. None of this is easy, but it does not make sense for the commissions’ hands to be unnecessarily tied, and that is why an absolute fixed limit is unhelpful and the possibility of a larger than 5% leeway should be permitted.
The other issue is how frequently boundaries should be redrawn. The Bill substitutes an eight-year cycle for a five-year one. Five years was always far too short. No sooner had one set of boundaries been promulgated than the commission would have to start work on changing them. This in itself would undermine an MP’s relationship with those she or he represents. It would cause endless uncertainty and be destabilising for the work of Parliament, because MPs would not just have to face the electorate at the end of each Parliament but would have to spend much of the time in between defending the boundaries in their area. Eight years is better than five, but 10 years would be better and would still avoid boundaries and constituency sizes becoming too outdated.
Lord McCrea of Magherafelt and Cookstown (DUP) [V]
My Lords, the Bill makes provision for the number of constituencies to remain at 650. I welcome that, as the previous recommendation for 600 seats was strongly opposed by my party colleagues. However, there should be an express provision in the legislation for a minimum of 18 seats in Northern Ireland. Concern has rightly been expressed that Northern Ireland could fluctuate up or down a seat, with a knock-on effect on the Northern Ireland Assembly, therefore causing significant unnecessary disruption to representation. Having such a safeguard is low risk but would provide certainty and stability in Northern Ireland.
Rule 7 is an important flexibility for Northern Ireland, and I welcome its retention in the Bill. Rule 7 of Schedule 2 to the Parliamentary Constituencies Act 1986 provides for different arrangements for Northern Ireland if the commission considers that having to adhere to the maximum 5% deviation from electoral quotas in each constituency does not allow it to take account of special factors, such as geographical considerations or local ties. This discretion is vital to address our Province’s unique circumstances. Indeed, in the other place, my colleagues also supported a number of amendments to the Bill at Report, including new Clause 1, which would helpfully widen the permissible range in the constituency’s total electorate up to 7.5%, rather than 5%.
The loss of parliamentary approval—or, indeed, any parliamentary procedure—for the final proposals is, in my opinion, not acceptable. A democratic accountability mechanism is critical, and it is not appropriate for the Boundary Commissions to be given such sweeping power. The frequency of reviews in previous legislation was a concern, and I am therefore happy to see a longer, more sustainable timeframe for future reviews of eight years. The local government boundary review is something Northern Ireland will be embarking on, so this flexibility may be as relevant to us as on the mainland.
I therefore wish to give my support to the main thrust of the Bill.
Lord Taylor of Holbeach (Con) [V]
My Lords, I welcome the Bill. It gives impetus to the long overdue process of revising the current constituency boundaries. MPs are representing constituencies that were drawn up on data that is now 20 years old. Election night and the incoming results show the consequences, as the different sizes of constituencies have such variable electorates.
The noble Lord, Lord Greaves, does not like to be reminded of his birthday, but I seem to remember that I was the Whip on a previous Bill in this House, which became the Parliamentary Voting System and Constituencies Act 2011. Its flaws have been pointed out by many speakers before me, but to address the failings of the situation that arose, the Conservative Party manifesto in 2019 made a commitment to ensure
“updated and equal Parliamentary boundaries, making sure that every vote counts the same”.
The abortive 2018 Boundary Commission proposal is cancelled under this Bill as we revert to 650 constituencies, and it ensures an automatic system for the commission to implement its recommendation. It avoids further procrastination by the Government or Parliament after the commission has made its final report, and the final report is to the Speaker of the House of Commons. He is the agency for delivering the commission’s report into law, and the Secretary of State and Parliament lose—in my view, quite rightly—the ability to amend by Order in Council.
None the less, the commission has a challenging task. As so many noble Lords have pointed out, fitting community cohesion with the power that it will need for equal-value voting within a range no greater than 5% either way is what the Bill provides for, but that is a 10% variation in constituency size. That is why I agree with the noble and learned Lord, Lord Thomas of Cwmgiedd, about the importance of the independence of the Boundary Commission. That is why it is so vital to preserve its integrity.
The first target is to implement these changes by 2023. I support the creation of excluded status for the four constituencies, which will now include a fifth, Ynys Môn. My noble friend the Lord Speaker will be delighted to see two Members for the Isle of Wight at last.
Lord Oates (LD) [V]
My Lords, I have three areas of particular concern about the Bill: first, the failure to give equal value to every vote; secondly, the risk that the new directions to the Boundary Commission will further exacerbate the overrepresentation of the most affluent areas at the expense of the most deprived; and, thirdly, the need to view the system for determining representation in the House of Commons in the context of the lack of democratic accountability of this Chamber.
I will not dwell for too long on the disparity in the value of one person’s vote against another’s, which has distorted our politics for so long and which is maintained in this Bill; nor in decrying the Government’s obdurate attachment to first past the post, a system that leaves millions of voters feeling that their votes count for nothing while aiding and abetting the forces of nationalism and disunity—giving the SNP, for example, 48 times the number of MPs of the Green Party with just a 1.2% greater share of the vote. I will just note that the Bill certainly does not meet the Conservative manifesto commitment, already alluded to by my noble friend Lord Tyler, to
“making sure that every vote counts the same”.
The lack of proportionality is by no means the only flaw in the Bill. The constraints that it places on the tolerance that the Boundary Commissions can allow makes the number of registered electors an even more dominant factor than before. This risks natural communities being split in two but it also raises the question of whether eligible electors rather than registered ones would not be a better base for determining constituency boundaries. Given the millions of eligible voters not on the register, it is surely time to look at automatic voter registration so we can ensure that deprived areas, where registration tends to be lower, are not disenfranchised.
Lastly, we cannot view the arrangements for the election of Members of the House of Commons without reflecting on the lack of election to this House. The noble Baroness, Lady Hayter, in opening for the Labour Party, astonishingly asked Liberal Democrats to explain why this House continued to grow during the coalition while the original coalition proposal was that the number of Members of the Commons should reduce. I am not sure whether the noble Baroness has had a fit of amnesia, but let me help her and her party out: the proposal to reduce the number of constituencies in the Commons was part of the coalition agreement, which included the establishment of an elected House of Lords. If it had been honoured, we would have increased the number of elected representatives in Parliament as a whole and immeasurably improved the legitimacy of this House.
The establishment of an elected House of Lords, which had a massive majority at Second Reading in the Commons, was in the end torpedoed by the Labour and Conservative parties colluding to prevent it. It was a result of the Conservative Party reneging on its coalition agreement, with the assistance of the Labour Party, that led the Liberal Democrats in turn to reject the reduction in the size of the Commons, which was predicated on having elected representatives here. So if the noble Baroness, Lady Hayter, wants to know why we continue to sit in a bloated and unelected second Chamber, she need look no further than her own party.
Having said that, my noble friend Lord Greaves is surely wise in his counsel that we should put these matters behind us and seek to work together to improve the Bill.
Lord Campbell-Savours (Lab) [V]
Having attended a number of boundary inquiries where issues of political advantage were quickly exposed, I want today to flag up the need to keep such issues in mind as we seek to amend existing legislation. Participants in these inquiries have a dilemma—political advantage or public interest. These can be difficult issues as there are pressures. Recommendations that offend the public interest may please some party activists but they undermine confidence in our electoral system.
This all came into focus when I retired after 22 years as a Member of Parliament. I will give an example. In 2007 the Boundary Commission came forward with its Cumbria recommendations. The commission’s original draft proposed a reorganisation of Copeland, my noble friend Lord Cunningham of Felling’s former seat. The seat had been under quota for a number of years and therefore faced inevitable reorganisation. The commission’s response was to propose a seat, the Copeland-Windermere constituency, which stretched from the west Cumberland coast all the way to Windermere, the other side of the Lake District—an extraordinary proposal. However, there was a problem: the drive from Whitehaven in the west to Windermere in the east meant journeying over the highest mountain pass in the United Kingdom, the Hardknott Pass at the heart of the Lake District, which can close in the inclement weather of winter. The proposal was ludicrous. The problem was that the parties had to take it all seriously and hassle over it.
There have been times in history when irregular boundary changes were acceptable as MPs had a very different relationship with constituencies in former times, but that has all changed. They are now closer, reflecting local loyalties and ties with more personal representation. The monthly visit staying in the local smart hotel is no longer acceptable. That is the new reality that the commission needs to consider. The Member for Copeland surely cannot represent the people of Windermere: the geography is wrong and one part of the constituency will lose out. MPs no longer just represent constituents in Parliament; they now offer a service.
The Copeland proposal was rightly rejected. However, I use it only as an example; I wonder whether that bad experience is replicated elsewhere. The Boundary Commission needs to be more sensitive to the local links and loyalties that stand at the heart of effective parliamentary representation. I hope the commission is listening, particularly to the speech of my noble friend Lady Gale, who talked of problems in the Welsh valleys. If not, I have wasted my time engaging in this debate. I really hope that the commission is listening today.
Lord Robathan (Con) [V]
My Lords, some dozen years ago I gave David Cameron a paper entitled Reducing the Cost of Politics. I stand by most of it. It covered, for instance, the fact that there are too many councillors—often people cannot get people to stand in council seats—and too many spads, far too many researchers in the Commons hanging around Portcullis House, too many Ministers and far too many Peers.
With regard to the House of Lords, I suggested a retrospective time limit, say 17 or 22 years, which is not that far from the Burns report suggestion. Yet when I put forward the idea of retrospectivity in a debate on the Burns report, I noticed that it was not met with universal acclaim in your Lordships’ House. I also suggested a Commons of some 500 Members. I remember that David Cameron said to me that “Turkeys will never vote for Christmas”, but then, and perhaps I had some influence on this, he put in the 2010 manifesto a reduction down to 600.
The reason why that was not carried through under the coalition was that the Liberal Democrats reneged on the commitment. My memory is better than those of the noble Lords, Lord Rennard and Lord Oates: the commitment to fewer constituencies was linked to the PR vote, which they lost. The Bill was very eloquently introduced by Nick Clegg, as my noble friend Lord Young said. He then realised that his party might lose seats so he betrayed the coalition agreement. That did not actually help the Lib Dems, who went down to eight seats from 57-odd—eight too many, some would say, but I did win some money on the bet.
As a former MP of 23 years, and like my noble friend Lord Hayward, who has great experience of this matter and of psephology, I know that the arguments around Boundary Commission recommendations are based very often on personal interest or party-political interest; indeed, my noble friend Lord Dobbs referred to them as “sordid party shenanigans”. MPs are worried about their own seats and parties are worried about their chances of winning elections. We hear complete nonsense spouted about why some change or other should not happen.
After 23 years as an MP I dismiss the idea that an MP cannot deal with 100,000 constituents. Of course they can—easily. I do not claim to have been an especially brilliant MP—I am sure that nobody will be really surprised to hear that—but I never had any complaints about not dealing with constituents’ problems. Quite the opposite—although you might not always have liked my way of dealing with them. There are too many Members of the House of Commons and there are far too many Peers. They start all-party parliamentary groups because they have got to keep themselves busy somehow. I do not support the Government in keeping 650 MPs. There are too many politicians. Let us reduce the size of the Commons and the Lords, and the number of politicians all round, and the cost of politics. That might start in some way to restore the damaged faith of the British public in politics and its practitioners. We should do the right thing.
Baroness Bennett of Manor Castle (GP) [V]
My Lords, in following the noble Lord, Lord Robathan, I have to provide one correction which I shall do with a hashtag: AVisnotPR.
I want to begin by thanking the Minister for his introduction and for meeting me in advance of this Second Reading to discuss the Bill. I particularly welcome his acknowledgement that our political system needs to be up to date. Of course, the only-two-decades-old demarcation of constituencies that this Bill updates is the newest element of our creaking, antique constitution, assembled by centuries of historical accident. Were I to be speaking now within your Lordships’ House, I would be gesturing to the roof and noting that the way in which it is falling down around our ears is truly representative of the state of our political framework. The very delay in the implementation of the review of constituency boundaries is a demonstration of the failure of the chief claim of the first past the post electoral system: namely, that it delivers strong, stable government.
The Minister also referred to democracy relying on people knowing that they are fairly represented. Of course, they cannot and will not be in the current system. The noble Lord, Lord Tyler, noted that it robs voters—and of all the parliamentary parties, it is Green voters who are robbed the most, as the noble Lord, Lord Campbell of Pittenweem, noted. However, that is not the primary reason why I am an advocate of proportional representation—which, as the noble Lord, Lord Oates, noted, it is the only way the Tory Party could deliver on its manifesto commitment. It is because it is the only way we can have a representative Parliament: one in which, as the campaign group Make Votes Matter says, the number of seats matches the number of votes. That is a democracy: Parliament reflecting the will of the people.
The noble Baroness, Lady Hayter of Kentish Town, referred to the missing 9 million people entitled to be on the electoral register who are not: around 10,000 per constituency. However, if in our current system you count all the people whose votes are not represented at all, because their preferred candidate does not win, and add in those who voted for a party that won more votes than it needed to win the seat, the votes of the majority of voters in every single seat have no impact. So it is no wonder we have such a problem with low turnout.
There are some quick, practical details which I will be taking up in Committee. The 5% variance will split communities and leave MPs representing hopelessly disparate areas with no community of interest. I agree with the noble Viscount, Lord Trenchard, that it further weakens any claim to legitimacy for first past the post. It is surely time for automatic registration and no voter ID. Almost 5.5 million Britons—almost one-tenth of Britons—live overseas. What of their representation? France has separate constituencies for overseas voters. They have a community of interest.
Finally, we should have votes at 16. The noble Baroness, Lady Hayter, referred to her disappointment at being excluded from voting when she was under the then required age of 21. Last weekend, I was with young people in Sheffield on a climate strike. They were doing politics. They were sharing their passion and their engagement and trying to get involved, but they do not even have the very narrow power of the vote. They should have it.
Baroness Randerson (LD) [V]
My Lords, this Bill is far from a great piece of democratic reform—it does not start to tackle the real unfairness in our electoral system—but it has some useful measures. The population is increasing and Parliament is struggling with a huge Brexit legislative programme, compounded by emergency coronavirus-related measures—so maintaining MP numbers at 650 is sensible. However, current boundaries are now almost 20 years old and a review is needed. Reviews every five years would put constituency boundaries in a continuous state of flux, so eight years is better.
So far, so good—but I have some serious concerns. The Bill confirms a strict electoral quota for each seat, with a limit of variability of 5%. Only in a few protected constituencies is there any real consideration of rurality or local geographic features. In my home country, Wales, it takes well over an hour and a half to drive from end to end of the constituency of Brecon and Radnorshire. It is one of at least five geographically enormous rural Welsh constituencies, each of them with a relatively small electorate. Such constituencies should be given protected status, just as Ynys Môn has been. The formula shows that Wales could lose eight of its 40 seats. This is worrying, as the Senedd still has only 60 Members. As Lib Dems, we would like to see many more—but that is up to the Senedd itself.
I am worried about the balance of seats across the whole of the UK. Projections suggest six additional seats for south-east England and 10 for England overall. Both Houses of this Parliament are already too dominated by the interests of south-east England. The union is in a precarious state, and increased dominance by the south-east should be avoided. Lack of trust in government is higher in the north of England and in the south-west. I suggest that a variance of at least 10%, combined with instructions to the Boundary Commissions to take account of rurality, and county and local government boundaries, should be implemented. That will produce an electoral landscape much more sensitive to community needs.
Finally, boundary reviews are a pretty well-kept secret beyond political parties, and that is unacceptable, so public consultation procedures must be strengthened. Currently, 9.4 million people are missing from the electoral register, which is also unacceptable. The commissions should be given a responsibility to promote electoral registration as well as simply counting the numbers.
Lord Lipsey (Lab) [V]
My Lords, I am amazed to hear that the noble Baroness, Lady Randerson, can do from north to south in the Brecon and Radnorshire constituency, where I live, in an hour and a half. It takes me two hours, or perhaps one hour and 50 minutes if my wife is driving, so it is wonderful that she can do it so speedily, But—and here is the point—at the moment the Brecon and Radnorshire constituency has 53,000 electors. The quota under the new system will be 72,000: in other words, it will have to put on 19,000 electors. Where are they to be: north, south, west or across in another valley? It beggars belief that such a proposition could be seriously put before this Parliament.
I want to join the noble Lords, Lord Tyler and Lord Hayward, in regretting the recent death of my very good friend Ron Johnston, who was the great academic expert on all things boundaries. Without him, consideration of this Bill feels a bit like “Hamlet” without the prince. This Bill is “Hamlet” without the prince. It puts right a whole lot of things in the Bill that your Lordships’ House destroyed in 2011—except its worst feature: namely, the 5% plus or minus differential between the size of electorates. I could go—and no doubt in Committee may go—into the full details of the poverty of the arguments put in favour of that, but I want to make a political argument, because that is the only thing that ever convinces this Government, in my experience.
The previous boundary reform fell apart because Tory MPs found that their constituencies were being messed with and they had to fight the Tory MP in the next-door constituency to decide who should be the candidate, when they preferred to be fighting the Labour Party—and I can understand that. The Whips got fed up, so the Minister did not lay the orders and nothing changed. Although going from 600 to 650 helps, I can tell noble Lords that the same thing will happen this time. In three years, when the penny has dropped, Tory MPs will find themselves fighting each other for the new seats that have been formed out of chunks of their old seats—and that is going to happen every eight years, ad infinitum, unless something is done about it. Indeed, I look forward, with considerable anticipation, to the moment when the then-vulnerable noble Lord, Lord True, stands up before this House and does his Callaghan, proposing that we get rid of this Bill because we have to get rid of the 5% variation.
Lord Sheikh (Con) [V]
My Lords, the reason for introducing this Bill is to fulfil the pledge in the Conservative Party manifesto to have
“updated and equal Parliamentary boundaries, making sure that every vote counts”.
Each vote must carry the same weight. Therefore, it is important that each Member of Parliament represents an equal number of constituents, as far as possible. The number of parliamentary seats should remain at 650 and not be reduced to 600. It must be appreciated that, when we leave the European Union, the workload of MPs will increase. Therefore, they should not be asked to look after more constituents.
Our present constituencies are based on electorate numbers that are nearly 20 years old. Therefore, we need to undertake a review. The Boundary Commission’s report will be based on registered voters in all areas as at 2 March 2020. I believe that this is the proper date and that it will provide the most up-to-date registration numbers from before the lockdown.
I welcome the proposal to increase the period of boundary reviews from five years to eight years; by doing so, we can achieve the appropriate periodic changes and not cause disruption to Members of Parliament and local communities. I also welcome the proposal that the recommendation of the Boundary Commission will be put into effect without political interference from the Government or any Minister. This is in line with what happens in other countries, and I agree that that is how it should be in our country as it will enable the commission’s recommendations to be implemented without delays.
I also commend the Government for the proposal to hold public consultation during the second round of consultation, which would be more meaningful. Dividing the total number of voters by 650 will probably result in an electoral quota of over 72,000 per constituency.
There will be losers and gainers in certain regions, depending on the population in those areas. I agree that there should be a 5% variance rule and not one of 7.5%, as suggested by the Opposition in the other place. If you allow plus or minus 7.5%, the size of the electorate can differ by 15 percentage points between individual constituencies. If this happens, people’s votes will not count the same—as was pledged in our manifesto.
However, we need the variance to enable the commission to look at all factors, including geographical features, community ties, local government boundaries and existing boundaries. I conclude by saying that I support the Bill.
Lord Addington (LD)
My Lords, when it comes to being in this House in 2011, when reforming electoral boundaries came up, a cold shiver runs down your spine. It was one of the messier periods I have seen in my 30-plus years here, and it is something we should try to get away from. For an analysis of it, I would take my noble friend Lord Oates’ description of what happened. You can stick bits around the outside of it, but I think he caught the spirit of it.
When we look at the Bill itself, the biggest hole is the automatic registration of voters. Until we get that, we have the problem of how many registered voters there should be. That is one of the major problems if you are going for this form of democratic representation; it is quite clearly a hole. There are lots of things we can do to improve this, but it is certainly a major hole.
When it comes to the other comments about what a constituency should look like, we all know that the constituency we happen to have an interest in should stay still. If we take it that that will be the default position of everybody else, the percentage variation will become important, as will what its variables are. Are they county lines or rivers? The Tamar has been mentioned.
If we are to go through this, can we have a better understanding of where the variations, be they of 5% or 10%, kick in? A better understanding of this—at least with local government lines we know what we are dealing with—will mean that we actually know what the arguments are about.
This has generally been a messy process that has left scars on everybody involved in it. Eight-year reviews are good; 10-year ones would be better. I look forward to what is coming in the Bill with a sort of masochistic pleasure running down me.
Lord Triesman (Lab) [V]
My Lords, I am sorry, the unmute button did not work for a minute there. I want to make just a few comments. Several times in the course of the Bill, the comment has been made that, being unelected, we should not give advice to the elected House. I suspect that the paradox is that we are not only unelected but we have no vote in the election of the Members of the elected House either.
One of the things that I recall from when I used to have a vote is that, from one election to the next, it never crossed my mind that the exact balance of the value of my vote was an essential component in comparing issues with people in other parts of the country. I can understand the broader argument for equality in voting, but it was never a fundamental issue. The fundamental issue was the quality of representation and the quality of how it was taken into effect in the House of Commons.
It is for these reasons that I have a lot of sympathy for the points made by my noble friends Lord Hain and Lady Gale and the noble Lord, Lord Kerr. Many of the distinctive features of the constituencies in this country, which we reflect in other ways as well—in the Barnett formula and other mechanisms—relate to the complexity, size, cultural mix and geography of this country.
I can entirely see why it should be that, after any kind of decision has been taken by the Electoral Commission, Members of the House of Commons, in particular, will want to see whether it makes fundamental sense of the arrangements necessary to get effective representation. Certainly, procrastination can be prevented, as the noble Lord, Lord Campbell, said. It seems to me that we could probably ensure that there are other sensitive mechanisms in this Bill, including ones that allow us slightly greater discretion than the 5%.
This would be valuable if we are to take full account of the geographical character—the distances, mountain ranges and so on. Without these considerations, it seems to me that we are inevitably going to leave people with a lower quality of representation than they would otherwise have. That should certainly be avoided in a Bill of this kind.
Lord Truscott (Ind Lab) [V]
My Lords, I welcome the fact that the number of parliamentary constituencies will be kept at 650, not reduced to 600 as previously planned. With Covid-19, Brexit, economic recession and the deteriorating geopolitical situation, MPs will have a greater workload, not a lighter one. The UK’s growing population places additional strains on a society under pressure.
Like many noble Lords, I am concerned about removing Parliament’s role in approving any Boundary Commission changes before they are finalised. As has been said in the other place, the Bill would disproportionately and undemocratically concentrate the power to cut constituency sizes and amend boundaries in the hands of the Executive. It is welcome that the current ability of the Secretary of State to amend Orders in Council, if rejected by Parliament, would be removed, but that is not enough of a safeguard. Her Majesty’s Government argue that a similar system to the one proposed operates in Australia, New Zealand and Canada. That may be the case, but it means that such a system is unique to those three countries, out of 195 across the globe.
It may also be pointed out that we have a Prime Minister who has shown scant regard for parliamentary sovereignty, as witnessed by his latest plan to move your Lordships’ House to York after a cursory consultation. As the Lord Speaker recently pointed out, Parliament, not government, is sovereign in our democracy. A classically educated Prime Minister, steeped in ancient Greece as the cradle of democracy, should well understand that, but our PM acts more like an autocratic Slavonic Tsar, aided and abetted by his own delusional Rasputin. For that reason, the less he tampers with our parliamentary institutions the better.
Lord Naseby (Con) [V]
My Lords, I welcome the Bill and the number remaining at 650. It is a sad reflection that the key element of our democracy was allowed to fester in the to-do tray during the Cameron coalition Government, and then the May Government. It is a terrible disgrace that today’s constituencies are based on data from 2000—20 years ago—since when there have been huge changes in population movement and net migration.
I particularly welcome the key element of the Bill on hearings. I remember going to hearings about boundary changes in Northampton, which were always taken at the first stage; it always seemed wrong to me and my advisers that it was not the second stage. I therefore welcome the part of the Bill which proposes that it will be the second stage, not least because that provides better provision for change, particularly in relation to local authority boundaries. I challenge the length of time that is being suggested, with boundary reviews being put up from every five years to eight. Whether we like it or not, we have a party-political electoral system. On my calculation, this means that the Government elected in 2025 will have an effective advantage of an extra three years.
I will look for a second or two at the case history of my own former seat, Northampton South. It first came into existence, as a seat, following the boundary reviews of the early 1970s. As colleagues may remember, the first election there was in February 1974. On the first count my majority was minus 203 but a few of the bundles appeared to have got mixed up in the wrong area and, on appeal, it ended up as 179. At an election that October, I got 141, at another one in 1979—a gap of six to seven years—it was 3,634. Then there was a boundary review and, all of a sudden, I had a huge constituency and I got a majority of over 15,000. That went on until 1992 and then, bang, I got another review in 1997 and lost by 744. There is something not right about going to eight years. If noble Lords want any personal encouragement, a Private Member’s Bill to give each Member of the upper House a vote where they live has had a Second Reading in your Lordships’ House. Most noble Lords are active where they live.
Lord Clark of Windermere (Lab) [V]
My Lords, as this House debates parliamentary boundaries, it is important to come back to the fact that democracy is more than just voting. It is about living together in harmony and fairness, with respect for other minority viewpoints and tolerance of the opinion of others. Democracy in Britain is under challenge today as never before. I think of the growth of social media. The noble Lord, Lord Dobbs, described this very graphically as “social media lynch mobs”; it is a truth, as well as a non-truth. There is an increasing feeling of alienation in many areas of this country. There is an emergence of anti-democratic, right-wing parties that are actually opposing democracy. We see that manifested in lower turnouts. I view the Bill against that background.
Living in Cumbria, I see—and agree with—the arguments advanced earlier by my noble friend Lord Campbell-Savours. Physical boundaries, such as mountains and lack of road access, clearly need more stringent examination and should, generally, not be a factor where new constituencies emerge.
Democracy is a qualitative, as well as a quantitative, institution. I am, therefore, very much in favour of retaining 650 members. That allows citizens to feel more comfortable in their community and constituency. However, I am concerned about the strict 5% limit. It should be extended—certainly to 7.5% in extreme cases.
Lastly, our very constitution is based upon the supremacy and sovereignty of Parliament. Therefore, I am not exactly happy about removing Parliament’s final vote on the construction and position of parliamentary boundaries. It is a denial of our basic constitutional premise and I am not happy about it being passed to unelected officials.
Baroness Barker (LD)
My Lords, the last Conservative Party manifesto promised to make changes to parliamentary boundaries in order to make sure that
“every vote counts the same”,
but this Bill does nothing of the sort.
While the principle of MPs representing roughly the same number of constituents must be right—it was the major aim of the Chartists in the 19th century—the idea that every vote counts the same is incompatible with the system of constituencies electing a single MP. As long as we have first past the post with single-member constituencies, the rules for drawing up the boundaries for them must be fair and stable and based on two fundamental principles. First, we must ensure that, as far as possible, everyone entitled legally to be registered to vote should be included on electoral registers. Secondly, the boundaries should be drawn up with sufficient flexibility to ensure that they are not changed fundamentally every time they have to be revised. The Bill does not address either of those issues.
It is welcome that the boundary reviews will take part every eight years and not every five years as in the 2011 legislation, but when we considered that legislation, we were told that just about everyone who should be included on voting registers was included. However, both the Electoral Commission and the Cabinet Office have shown that millions of people are missing from registers and many millions more are incorrectly recorded. A disproportionate number of those missing from the registers are young people, private sector tenants and members of BAME communities—groups traditionally less likely to vote Conservative. So more constituencies will be created to represent the more Conservative areas where fewer of those demographic groups are resident.
It is a pretence to say that this legislation is about making every vote count the same. In reality, it is about creating even more Conservative seats in the House of Commons even if the numbers of votes do not justify that. Automaticity of this in-built bias is simply a perpetuation of a lack of democratic accountability, and we should oppose that very strongly in this House.
Baroness Uddin (Non-Afl) [V]
My Lords, I welcome the continuation of the current arrangements, as I believe the reduction proposed by the coalition Government would have been an impediment to fair and adequate representation and services to constituents and not in the best interests of the electorate.
Despite the debates today and within wider political bubbles and implied consultations, the consequences of these matters were not agreed by large swathes of our population—hitherto unrepresented groups—in any meaningful way. Specifically, I suggest that significant numbers of them are minority women and people with disabilities. They will rightly feel excluded.
I have two principal questions. If the Government are committed to every vote counting equally, how do they propose to address the glaring points raised by the Electoral Reform Society, which stated that 9.4 million eligible voters are currently missing from registers? These include 40% of minorities, thus further disfranchising already vulnerable citizens disproportionally impacted socially and politically. I therefore look forward to my noble friend Lady Hayter ensuring that the Bill leaves here with sufficient standing to strengthen parliamentary scrutiny and the backstop.
Will the Government ensure that any anomalies that discard 20% of our population, leaving them excluded and alienated from our democratic structures, will be redressed and that those structures will be made inclusive of groups systemically disadvantaged as a result of age, race, religion and socioeconomic position? Otherwise, we may face grave societal consequences from marginalised citizens and continued inequity and division in housing, education, employment, health and social care. They will not be counted and their views and needs not reflected in shaping our parliamentary democracy, and this surely cannot be right.
Lord Hussain (LD) [V]
My Lords, I support maintaining 650 seats in the House of Commons, as opposed to 600; this will help to minimise disruption in boundary reviews. The case for reducing the number of MPs must be based on reducing the number of Ministers and increasing the devolution of power to nations and regions. Reducing the number of MPs while not reducing the number of Ministers would increase the power of the government payroll vote and, as recent events have shown, the executive branch of the Government is already too powerful compared with those of us seeking to hold it to account.
I also welcome reviews every eight as opposed to every five years. Many MPs will feel that they have worked hard to win their seats; changing the boundaries every five years will mean that nobody elected in a general election could be certain that the constituency they had won would still exist at the next general election.
I do not agree with removing Parliament’s power to have the final say—at least, not until such a time as the rules are based on fully including everyone entitled to be on the electoral register, not just the 85% or so who may be included now. Last year the Electoral Commission suggested that there may be as many as 9 million people who are entitled to be included on the electoral register but are not, or who are incorrectly registered.
The principle of each MP representing approximately the same number of people cannot be achieved until all the people who should be voters are included on the electoral rolls. The rules of drawing up the boundaries must be fair and must ensure that everyone entitled to vote is included on the electoral register, so that each MP represents the same number of people. An inadequate system of registration means that many of them will now fall off the electoral register or may not be registered, because of difficulties with the registration process caused by the Covid pandemic.
Unless the principle of including everyone entitled to vote on the electoral register is accepted, the Bill will ensure that fewer constituencies are created in areas where there are many young people, private sector tenants and people in black and ethnic minority communities. But more constituencies will be created where there are older, more middle-class, more white communities that are less likely to move around. Boundary reviews are supposed to be impartial. The commissioners may be impartial but if the rules discount millions of people who should be entitled to vote, then the rules are being drawn up to create more constituencies likely to be represented by Conservatives and fewer represented by their opponents. This will make the system less democratic, not more.
Lord Foulkes of Cumnock (Lab Co-op) [V]
My Lords, with no disrespect to my really good friends in the Liberal Democrats or to the Greens, the Bill is not about proportional representation or alternative votes, which we have already dealt with. We had a referendum on it. Nevertheless, it is about an important matter as far as democracy is concerned. I strongly support the decision not to reduce the number of seats in the Commons to 600; it should remain at 650—or, as my noble friend Lord Harris said, thereabouts—particularly given the different landscape we have now in terms of the powers of Parliament, which we heard the Minister describe, and the increase in population. The noble Lord, Lord Robathan, may have had an easy time but with some 60,000 constituents and 800 square miles to get around, I certainly had to work very hard indeed as a Member of Parliament. Most Members of Parliament continue to work very hard.
As one of the many former MPs speaking today, I have experienced the trauma rather than the excitement of a boundary review. My first major boundary change came in my very first re-election to Parliament in 1983, and I survived. However, I know of other excellent MPs whose careers have been cut short by arbitrary decisions of the Boundary Commissions, based on making up numbers to remain within that strict arithmetic boundary of the plus or minus 5% electoral quota. We have ended up with artificial boundaries with no community coherence. I have seen time and again this obsession with arithmetic exactitude, which has been given preference over natural and community boundaries, as other colleagues have said. It produces results that are less sensible and more challenging than the previous boundaries. For instance, on some occasions one side of a road has been in one constituency and the other side in another. They were within different council boundaries but the wider natural boundaries were ignored, as my noble friend Lady Gale said. Mountains and hills have been ignored, as well as other important factors such as major highways.
Regrettably, the Government said in a statement earlier this year that they will not look to change the 5% quota. I hope that they will look at it again. While they recognise that they need
“the flexibility to take account of other factors, such as physical geographical features and local ties”,
the arithmetic criteria would still remain “the overriding principle”. I believe that they should be of equal force. Without proper consideration of wider natural, infrastructural and community factors, future changes principally based on an arithmetical quota will cause significant disruption to community boundaries.
The provisions in the Bill also include amending the review frequency—I agree that it should be eight years rather than five—and conducting with automaticity the implementation of boundary changes, which I completely oppose.
As always, I want briefly to speak up for Scotland, which, like Wales, faces losing several seats in the next review. This is wrong and needs to be looked at again. It does not take account of the fact that, for example, the land area of Scotland is one-third of that of the whole United Kingdom. As the noble Lord, Lord Kerr, and the noble Baroness, Lady Gale, said—[Inaudible]—similar factors ought to be taken account of.
In answer to the noble Lord, Lord Empey, I say that we have four Boundary Commissions because they have been able to take account of specific factors, such as in Scotland and Wales. I hope that we will look at amendments in Committee and on Report to make special protection for the special interests of Wales and Scotland.
Baroness Scott of Bybrook
I remind the noble Lord of the three-minute advisory speaking time.
Lord Foulkes of Cumnock [V]
I am coming to the end.
I was pleased to see that in the Commons, David Linden, an SNP MP, said:
“I very much hope that when their lordships look at this Bill they will remove clause 2, which is an affront to democracy.”—[Official Report, Commons, 14/7/20; col. 1482.]
I welcome that and I agree. I also welcome the fact that he, as an SNP spokesperson, recognised the important role of this second Chamber as a revising House. That is a move in the right direction.
Lord Lea of Crondall (Non-Afl) [V]
My Lords, I very much admire two of the speeches made since the tea break—those of the noble Baroness, Lady Uddin, and the noble Lord, Lord Hussain—and their analysis of the structural nature of this problem, which has been excluded, of people being excluded from the register. I hope that the Minister can say a bit more about this in his reply. It ties up with many social problems at the moment. If people are not part of a society, they will not behave as members of a society. That is very important.
At the other end of the spectrum, we have people who are very much members of society and have greater economic weight because of greater educational opportunity. We have to look behind this issue at some of the fractures in British society, although perhaps not in this debate.
I will go off-piste, if I may, and rise to the bait, to mix a metaphor, about moving the House of Lords to York. I do so not because I think that it is anything other than a bit of rhetoric by the Prime Minister, but because he is pretty good at fingering an issue that he thinks will have resonance with people—even though Dominic Cummings probably does not know when he leaves Durham whether he ought to go south-west to Barnard Castle or north-east to Sunderland, where Nissan is going to close its factory because we are leaving the European Union. These socioeconomic questions are much more important to many people than the size of the constituency, as we know. There are so many problems for people, ranging from the Scottish question to those to do with all parts of Ireland, Wales and so on.
Having been born in south Lancashire, I could make the case that we really ought to think for the next 20 years ahead about what would be a balancing factor of another Chamber. The noble Lord, Lord Prescott, was always on to this. There are many possibilities. It would not just mean “electing the House of Lords”. I come from the trade union movement, where we had the social contract. It was the forces in society that had to make an agreement between them to make the economy work.
Perhaps those people who have just left the European Parliament on a regional ticket can give us a benchmark of some of the systems that operate in the countries of Europe—we have nothing to learn from them, of course—and that may be relevant to restructuring our politics so that we do not have the sense of relying just on rhetoric to talk about fractured Britain and the north-south divide. Of course, with the north-south divide, the more rhetoric, the worse it gets. That is not to say that the 70,000 people in constituencies around Lancashire—
Baroness Scott of Bybrook
Could the noble Lord start winding up now, please?
Lord Lea of Crondall [V]
I will wind up now. In the real world, these socioeconomic forces comprise the social contract. We have to think about how that relates to the bicameral system.
Lord Cormack (Con)
My Lords, I speak as one who believes passionately in both Houses: this House for its capacity to scrutinise legislation and because it can never be a challenge to the supreme authority of the elected House. It is against that background that I will make a few remarks.
The sinister words in this Bill—which, in many ways, I welcome—were pointed out by my noble friend Lord Young of Cookham. They appear in Clause 2:
“As soon as reasonably practicable”.
The danger in this Bill is that it gives too much power to the Executive. I am a great believer in the theme of Dunning’s Motion, moved in 1780, when he said that
“the influence of the crown has increased, is increasing, and ought to be diminished.”
Today, the power of the Executive has increased, is increasing, and ought to be diminished. That is why I favour the ultimate word being taken in the other place by the elected Members of Parliament.
I shall support, with amendments, those who talked about the 5% being too rigid. I was particularly persuaded by the arguments of colleagues from Wales, but the same applies to Scotland and to certain parts of England. Communities must not be broken up by artificial boundaries imposed from elsewhere. Constituencies must not be so impractical to negotiate that it is almost impossible adequately to represent them in the other place. We have to look at this very carefully. I shall certainly support amendments that seek to deal with the 5%.
I particularly feel, as a tremendous supporter of the union, that we must not do anything in these very difficult, parlous times, to jeopardise the union. Of course it is right that England inevitably has the largest number of Members of Parliament, but there ought to be, in a sense, disproportion in favour of Scotland and Wales and, to a degree, Northern Ireland, even though they have regional Parliaments and assemblies. This Bill will need a lot of scrutiny in your Lordships’ House. We must, of course, give it a safe passage, but I hope it will be a safe passage which improves it.
Lord McConnell of Glenscorrodale (Lab)
My Lords, there is much to welcome in this Bill. In particular, I strongly welcome the specified constituency proposed for Ynys Môn, which rectifies a mistake made previously and provides a consistency of principle across the UK that is entirely appropriate. However, I have some reservations about the Executive appearing to promote a principle of independence from politics in the decision-making around future Boundary Commission reviews. That additional power to the Executive contradicts that supposedly principled approach and needs to be investigated very carefully at the different stages of the Bill in this House.
Having listened to the debate, I will change my third point to a more substantial one. I worry that this is yet another piecemeal change to the governance of the United Kingdom. The Bill is largely welcome. I do not support the increase back to 650 MPs; we have too many politicians in this country. We should look to reform all our government structures to make sure that the representation of the people is more effective at different levels, rather than necessarily focusing on the number of MPs in the House of Commons. Frankly, if the number of MPs is to be increased again through legislation, it would be a very good time to decrease the numbers in your Lordships’ House by way of compensation. Perhaps that is something the Prime Minister might want to reflect on in the coming days, if rumours are to be believed.
More generally, we now have a number of elected mayors. Last week we discussed in your Lordships’ Chamber the new authority for part of Yorkshire. We have a constantly evolving devolution settlement in Scotland, Wales and Northern Ireland. For example, in Northern Ireland, despite all the difficulties of the last few decades, the Executive have apparently outperformed the Governments of the other parts of the United Kingdom during this Covid emergency. That has been a tremendous success for their co-operation.
We also have a long-standing problem with the credibility and authority of your Lordships’ House. The matter of venue might be up for debate, but so should membership as part of any ongoing review of our governance structure. These kinds of changes—the independence of boundary review proposals and the number of Members in the House of Commons—should be made in a wider context that includes consideration of the second Chamber, of devolution that is happening to regions and city mayors, and of our relationship with the three devolved nations. While the Bill is very welcome, it is another piecemeal move, perhaps in the right direction, but which should have been part of a bigger picture. I hope it will be at some point soon.
Lord Randall of Uxbridge (Con) [V]
My Lords, I congratulate my noble friend the Minister on introducing the Bill so ably. I should correct the comments of the noble Lord, Lord Lea of Crondall. I understand that Nissan is not closing its plant in Sunderland. Perhaps my noble friend can verify that when he winds up.
I welcome the Bill, for a variety of reasons. Those of us who served in the other place will recognise that constituency boundaries are always a subject of great interest. I agree that the previous proposals to reduce the number of constituencies were well intentioned, but rather misguided. Those of us who have been MPs in recent years can attest to the fact that a combination of factors, not least huge technical changes, have resulted in a vastly increased workload. There is also a great expectation about what services MPs should now be able to provide. When I first entered Parliament in 1997, I did not have an email and the new wonders of the modern mobile phone were virtually unheard of.
I am afraid that I take issue with the rather throwaway comments of my noble friend Lord Mancroft. He does Members of the other place a disservice to imply, however light-heartedly, that they are frolicking on the beach now that the Commons is in recess. My experience is that the hard work of MPs and their hard-working staff does not cease just because the House of Commons is not sitting.
I was extremely lucky in that I represented a constituency that I had always lived and worked in. My house was virtually in the centre of the constituency, but as various boundary reviews have taken place I have found myself slipping towards the borders. However, for the vast majority of the electorate, boundaries are relatively unimportant. All they ask for is to have a readily available representative who they can contact and who will deal with their concerns as speedily as possible. If we increase the number of constituents, that service might inevitably suffer.
Another unintended consequence is that it might increase the possibility that constituencies will cover more local authorities and attendant public authorities. I always counted myself extremely lucky that, with a geographically small constituency, I did not have to deal with the myriad organisations that other less fortunate MPs have to deal with. In this, I agree entirely with the sentiments of my noble friend Lord Trenchard.
I agree with the Government that this change will provide certainty that the recommendations of the independent and impartial Boundary Commissions will be implemented without political interference, or interference from either government or Parliament. This is absolutely the way it should be conducted. I also welcome the provisions that deal with how Boundary Commission reports are implemented. However, I add my support to the comments of my noble friends Lord Young of Cookham and Lord Cormack, and of the noble Lord, Lord Campbell of Pittenweem, about tightening up the wording about laying Orders in Council, which currently states “as soon as possible”.
Time limitations mean that I will not speak about other measures in the Bill. Suffice it to say that I thoroughly support them and I look forward to its eventual arrival on the statute book. I wish it well.
Lord Morris of Aberavon (Lab) [V]
My Lords, my contribution to this debate is based on more than 41 years representing the constituency of Aberavon, which was torn apart after 23 years by local government boundary changes, depriving me of my eastern wards and, to make up for it, granting me other delightful wards from the Neath constituency. Continuity of representation and specific association with local organisations is particularly important. I regret that there is no statutory steer to the Boundary Commissions on this aspect. It is quite hard, but satisfying, to build a new relationship. However, I was able to maintain a majority of more than 20,000 for most of my time.
My second experience is professionally representing as counsel before an assistant commissioner’s hearings, where much of the legwork is done, frequently by experienced QCs, who do invaluable work. I was representing the City and County of Cardiff. I called my star witness, a Mr Callaghan. Reading from my brief, I said, “Your full name is James Callaghan.” “No,” he said, “Leonard James Callaghan.” I should have known better, having read innumerable documents initialled “LJC”.
I welcome the damascene conversion from the coalition Government’s ill-fated proposals for 600 MPs. It is argued, properly, that 650 is a better number than 600, a number plucked from the sky without any basis and which would have caused massive disruption. The last time I spoke on this issue in the House was to oppose the massive reduction in representation from Wales proposed in the previous Bill. It would have been the greatest of all, from 40 Members to 30—a 25% cut—where traditionally it has hardly ever come below 35, a figure probably entrenched and understood by Boundary Commissions from 1918 onwards.
The survival of the union is assisted massively by strong numerical representation from the devolved nations. To ignore the present strains on the constitution is dangerous driving. The proposed cut in representation for Wales is almost as dramatic, because it would mean a cut from 40 to 32, which is much bigger than the loss in Scotland. I welcome the changes proposed for Ynys Môn.
The Bill ignores the difficulty of large geographical areas being split by valleys that run north to south, with substantial difficulties in communication east to west. I endorse the remarks of my noble friend Lord Hain. In all my years, I went only occasionally to the valleys to the left and to the right of my constituency; I kept to my own constituency, and this was the difficulty of travel from west to east or east to west.
This brings me to the most important objection to the Bill: the allowable variation in electoral quota of plus or minus 5%. A 7.5% variation would fundamentally cope with the difficulties of geography and continuity. To take away the role in this of the House of Commons and the House of Lords is an abdication of responsibility and undermines constitutional history.
Lord Balfe (Con) [V]
My Lords, the noble Lord, Lord True, said that this was the first Bill he was taking through the House—well, welcome. It is also a Bill on which he will hear more special pleading, with, coincidentally, most of it being in the interests of the party making it.
I will start by reminding noble Lords of the historic cry for “Equal votes of equal value.” In this debate, we seem to have done a lot of asking for special favours to make votes less equal. Also, it is fine to talk about registering people, but we are doing so against the background that at least two, often three and sometimes more in every 10 voters do not vote at all. They are on the register, but they do not vote.
The next point that I would like to make is this. You can have your peculiar constituency anomalies and you can have fairness if you have the German system where there are two votes, one of which elects the party and the other elects the constituency representative. For at least 30 years, I have been a supporter of proportional representation, and the only Private Member’s Bill I have had debated in the House was on that subject. But I find it difficult to believe that we are living in a full democracy when the Greens are so badly underrepresented and the SNP is currently overrepresented —although for a time it, too, was underrepresented. Although this is a limited Bill, we should not lose sight of the wider principles that we are dealing with.
One area where I have sympathy with the changes being proposed in the Bill has been referred to by a number of noble Lords, although the first to do so was my noble friend Lord Young of Cookham. We have to get to a position where, if the Boundary Commission is going to be independent of political interference, Clause 2 must be changed and the words
“As soon as reasonably practicable”
replaced with a much firmer formula.
My final point is this. I have been through a lot of Boundary Commission decisions on the fringe in both the Labour and the Conservative parties. My experience has been that the Labour Party is much better at discipline, so I would counsel my party, the Conservatives: “Get your act together. Don’t get in the position that I was in, where one Conservative association was appealing against the Boundary Commission’s decision and it was being opposed by another Conservative association.” One of the reasons for losing out is when you do not think it out, and that is something which has to be done.
Lord Holmes of Richmond (Non-Afl) [V]
My Lords, I start by congratulating my noble friend the Minister on the clear and comprehensive manner in which he has introduced this important legislation. I wish him luck in steering his first Bill through your Lordships’ House, but given his experience of and in the House and his leadership in local government, its success will not be a matter of luck.
I welcome the Bill, which is certainly a great improvement and a step forward on its predecessor. Perhaps I may gently recommend to my noble friend the Minister the recent report of the Select Committee on Democracy and Digital Technologies, on which I was fortunate to serve under the excellent leadership of my friend the noble Lord, Lord Puttnam. There may be much fertile ground for my noble friend within those pages.
Like others, I associate myself with the comments of my noble friend Lord Young of Cookham. If the Boundary Commission is to do its job in the manner in which it has been charged, it does indeed need to be insulated, so terms like “reasonably practicable” are nowhere near strong enough. Does my noble friend agree that a friendly amendment to tighten those words and put a time and date in would be an excellent improvement to the Bill? He as much as any of us knows that, in political parts, spring tends to come quite late, and often only when the leaves are truly browned off.
I want also to add my support to the protections to be granted quite correctly for Ynys Môn. Does my noble friend agree that, while no man is an island, it is certainly true that some constituencies are indeed just that?
Lord Grocott (Lab)
My Lords, I have a special reason for welcoming this Bill. It puts the final nail in the coffin of the unlamented Parliamentary Voting System and Constituencies Act 2011, which was passed by the coalition Government. It was the most fiercely opposed Bill in the House of Lords for the past decade, including at least one all-night sitting. It contained two distinct and unrelated measures. One provided for a referendum on the voting system and the other provided for a reduction of MPs from 650 to 600. The Conservatives wanted to reduce the number of MPs but did not want the referendum; the Lib Dems wanted the referendum but did not want to reduce the number of MPs. The history lesson is this: coalition deals affecting our constitution, made behind closed doors with no effective consultation, are castles built on sand, which deserve to collapse—as, thankfully, the 2011 Act now has.
I welcome the fact that the Bill maintains the size of the Commons at 650. That is particularly important at a time when there are huge and increasing demands on MPs from their constituents. If we reduce the number of MPs, we automatically increase the size of constituencies, which in turn increases the workload of MPs—not the workload of noble Lords, as the noble Lord, Lord Mancroft, seemed to think; he omitted the obvious point that Members of the Commons have constituents to represent. Also, as my noble friend Lord Adonis said, if we reduced the number of MPs without reducing the number of Ministers, there would be proportionately fewer Back-Benchers to hold the Government to account.
I also welcome another part of the Bill, which is another rejection of the 2011 Act. Clause 1(3) changes the frequency of reviews from every five years to every eight years. The five-year review was always ridiculous, coupled as it was with another failed piece of coalition Government constitutional meddling—namely, the Fixed-term Parliaments Act, which decreed that general elections should take place every five years. That meant that there would be brand-new constituency boundaries at every general election: neither MPs nor their constituents would know who represented them from one general election to the next. Eight years seems to me a sensible compromise, ensuring that constituency electorates are kept reasonably up to date, and in normal times would operate for at least two general elections.
That brings me to a problem with the size of constituencies. There is an inherent contradiction in the Bill, which provides for five protected constituencies. I support that: inflexible, rigidly defined rules on population size do not make sense. Yet in the same Bill we are told that in no circumstances whatever must the remaining 645 constituencies deviate from the diktat of plus or minus 5%—leading to all the problems that various contributors to the debate have mentioned. I hope that the Minister—he knows a bit about fighting elections, and I am sure he would not like such changes to affect local government elections—will consider the 5% and increase it to at least 7.5%; I would prefer 10%.
These are all issues that we will deal with in Committee. My overall feeling is one of absolute relief that we are back to 650 MPs, and that the dreadful Parliamentary Voting System and Constituencies Act 2011 is now dead and buried. If only the coalition Government of the time had listened to the arguments of those in opposition, so much time, money and energy would have been saved.
Baroness Gardner of Parkes (Con) [V]
My Lords, those on the margins are the most affected by the changes. There could be new MPs’ constituencies, and perhaps new local authorities, crossing existing council boundaries —made by an order but not yet fully implemented. That was what I understood from a statement in the Minister’s speech. Residents are closer to, and more affected by, the policies and workings of their local authority than by those of a Parliament from which they often feel quite remote.
There are 650 MPs, and the Bill aims to provide the electorate with certainty and confidence on this subject, without further delay. I support that. As the noble Lord, Lord Hussain, said, all should have the right to vote. That is all very well, but a lot of people do not exercise the right. In countries like Australia, where I come from, people have the right to vote, but it is compulsory, and they are fined if they do not vote. People there cannot say, as I find that people here often do, “Oh, it’s a bit wet—or cold—tonight; I don’t think I’ll go out.” It has got to be either one thing or the other. Either it is all voluntary or, if it is obligatory, that is a different matter. Residents really will benefit from the Bill, and I strongly support it.
Lord Liddle (Lab) [V]
My Lords, I will make three points. First, I agree strongly with the noble Lord, Lord Cormack, that Parliament should retain the right to approve or block recommendations of the Boundary Commission. Not to do this would put far too much power in the hands of the Executive and would be a further step in strengthening the Executive at the expense of Parliament—all against what the Brexiteers said Brexit was all about.
Secondly, I agree with my noble friends Lady Gale and Lord Foulkes, and other Scottish and Welsh colleagues, that it is a mistake, particularly at this moment, to reduce the representation of Scotland and Wales when the future of the union is almost hanging in the balance. If anything, the representation of the smaller nations should be increased. In the medium term, I favour a second Chamber with a balanced representation of the nations and regions of England, to offset the excessive power of London and the south-east.
As I am a Cumbria county councillor, my third point is a Cumbrian one: the case for greater flexibility in constituency size. At present we have six seats, with an average electorate of 66,500—some 7,000, or about 10%, below the quota. However, if we had only five seats in Cumbria, they would each have 79,000 voters, which is 10% above the quota. Therefore, on the criteria of the Bill, equal size means crossing the boundaries of the top-tier Cumbria County Council boundary. What is the position on this? Do the Government believe that that is the sensible thing to do? Also, think about Cumbria. If we go north, it is another country—Scotland. If we go east, we have the barrier of the Pennines, and to the south we have north Lancashire, where the Government, because of their thinking on local government reorganisation, reject the idea of Cumbria expanding south.
There is no logic in the argument that mathematically equal constituencies produce votes of equal value. Community is as important as this and should be valued, and it is particularly important in a county such as Cumbria, where the central bit is all mountains. If we want votes of equal value, we have to take seriously a move to proportional representation, which personally I favour. However, that is a separate issue for another day. To sacrifice community for the sake of some pursuit of mathematically equal constituencies is in my view wrong.
Lord Bourne of Aberystwyth (Con) [V]
My Lords, first, I congratulate the Minister on introducing this, his first piece of legislation, and wish him very good luck.
It is a great pleasure to follow the noble Lord, Lord Liddle, who, as always, came up with some valuable insights into the matter under discussion. As an unelected Member of an unelected House, I tread with some trepidation in discussing these matters. However, that said, they are important issues, and I follow other noble Lords in recognising that.
I support the measure in general terms—I think 650 constituencies feels about right, as does having a review every eight years. That seems appropriate. We should not apologise for having equalisation of constituency size as an aspiration and an aim. It is true that it cannot be achieved in any real sense, but clearly it is something that should underpin our thinking.
That said, when we look particularly at Wales, which I know something about, but at Scotland too and indeed large parts of rural England, there are challenges of geography and of rurality in having similar, let alone identical, sizes. That 5% margin in terms of seeking equalisation may need some adjustment. That said, clearly the Chartists’ aim of equal votes has some validity.
Along with other noble Lords, I certainly favour the protection of certain constituencies such as the islands that we have protected—the Western Isles, Orkney and Shetland, the Isle of Wight and now, appropriately and quite rightly, Ynys Môn. That is absolutely right. I would be tempted too to add Cornwall, to prevent any Devonwall constituency arising. That would be a mistake. Cornwall has its own identity and its own culture and language, and we should recognise that in the review of constituencies in this piece of legislation.
The Bill that we have will clearly change, and it should change as it goes through its stages in your Lordships’ House. There is much to recommend it but much to be concerned about in terms of strict equality of constituency size, which I certainly will want to look at very closely. I also share some concerns with my noble friend Lord Young of Cookham about possible political chicanery and actions leading to proposals ending up being put on ice and not being carried forward. I welcome the Minister’s thoughts on that and his reassurance that that is something he is seeking to address.
Lord Mann (Non-Afl) [V]
My Lords, anyone who has spent much time in one of the hearings on boundary reviews will know that it is possible to define community in a variety of contrary ways within a few minutes, from a few speakers. We all have our own definition of the communities that we live in, which is one of the problems. I am still waiting to hear from the Government why there is this desire to move away from the 600. The way that it was approached last time was not particularly clever, but if the proposal to reduce the number of MPs had been put to a referendum, it would have been overwhelmingly endorsed by the electorate.
It is certainly more than iniquitous that some Members of Parliament can represent 80,000 electors and some represent under 50,000 and yet be contrasted as if they were doing the same job. With today’s technology, that is simply not possible. The volume of work with such a big variation is hugely significant to the pressures on any individual, of whatever party or even of no party, representing that many people. I speak as someone who until recently represented 550 square miles, which is the size of Greater London, and 80,000 voters, plus many eastern Europeans who are not counted in that parliamentary arithmetic.
If there are to be further improvements, the question of electoral officers needs to be considered. My own experience is, very vividly, that a competent electoral officer will do a very different job. I recall one occasion when there was an excellent new officer and the number on the register went down significantly. It was explained to me that, even in places such as Bassetlaw, the dead do not vote, and they will no longer be on the register. To lose 2,000 at one go demonstrates the variation in systems, which is significant in all of this.
I would like to see two things. One is ward boundaries being sacrosanct. That is the kernel of local democracy and should be integral to any boundary review.
The second would be a much bigger change, but it is possible with technology. Where there is a mayor, as in London, there should be one integrated register. For London, Manchester and other areas with a mayor, having one register would lead the way in reducing anomalous situations, tidying up the register and eventually perhaps allowing people to vote in a variety of polling stations rather than just one. One register for a mayoral election would be a huge democratic step forward.
The Earl of Shrewsbury (Con) [V]
My Lords, I congratulate my noble friend the Minister on introducing the Bill most ably. I welcome the Bill and will make a couple of brief observations.
Times have changed dramatically since the early part of this year, let alone since 2000. The circumstances in which we now find ourselves are, at the very least, most challenging, and the future extremely unclear. Before Covid-19 hit, we had a vibrant jobs market with many and varied skill requirements. That meant a considerable movement of labour around the country, and demographics had already undergone much change in recent years. With the uncertainties of today and a jobs market under enormous negative pressure, it is highly likely that when we reach a new normal, those demographics will change even more, and even more often.
This situation, and the challenges of life outside the EU—of which I am a strong supporter—indicate that the voting public need more and better representation in Parliament. Consequently, their representatives will have an increased workload, so I support Her Majesty’s Government’s plans to maintain 650 constituencies and introduce an automatic system for implementing boundary changes recommended by the commission. Very little good came out of the coalition, but I am delighted to wish this Bill well.
Baroness Ritchie of Downpatrick (Non-Afl) [V]
My Lords, I am glad that the Government have decided to maintain the number of Members in the other place at 650. When I was a Member of the other place, I voted against that Bill and against the principle of reducing the number of seats to 600; 650 seems a sensible number to ensure that all parts of the UK are properly represented and maintains a link with all our diverse regions and communities, which would have been diminished if the number of seats had been reduced to 600.
However, I have some reservations about the Bill. The 5% variance rule between constituencies seems overly rigid and prescriptive. Indeed, the legislation recognises that this may not always be appropriate by increasing the number of protected constituencies from four to five. I also have concerns that the allocation of seats favours England at the expense of the other nations and regions of the UK. Northern Ireland maintains 18 constituencies but, under these proposals, Scotland loses three and Wales loses eight, while England gains 10. This seems a disproportionate shift of power towards the centre, which will embed “English votes for English laws” even more trenchantly. That is worrying, especially as devolution means that the democratic dynamic across these islands is moving in another direction. A locking clause to preserve seats in Scotland, Wales and Northern Ireland at their current numbers of 59, 40 and 18 respectively will help them to maintain their existing parliamentary influence.
Another concern is that the Bill concentrates too much on numbers and not enough on communities to protect constituencies for all discrete areas by virtue of the fact that they are islands. By definition, these seats are ordered on a “community first” approach. That approach should apply to constituencies in general, because of the nature of community cohesion. Finally, there must be parliamentary accountability for the final recommendations from the boundaries review. That cannot be left to unelected quangos or to be dealt with by Orders in Council.
Lord Blencathra (Con) [V]
My Lords, I cannot agree with the noble Baroness, Lady Ritchie of Downpatrick, but I too congratulate my noble friend the Minister on introducing this excellent Bill, which I support. Last December, the general election was run with constituencies ranging from 60,000 to 99,000. No one can argue that that is fair or democratic, so we must have equally sized constituencies with no more than a 5% variation.
The Opposition want much larger variations, on the basis that they would keep special and unique local identities together. Those of us who have been through boundary changes have always used that argument to try to bend boundaries to maximise our political advantage. I have been at public inquiries here in Cumbria with my Labour and Liberal opponents, and we all argued for the most tortuous-shaped constituencies imaginable based on them conforming to local travel-to-work areas, social habits, local boundaries, communities, cultural norms, mountains and lakes, motorways, shopping habits or ancient history—such as the route followed by King Edward III when he invaded Scotland in 1356. They were all bogus arguments, as my noble friend Lord Robathan said. We were all after a constituency boundary with sufficient wards to give us a safe majority, but to give away enough of our supporters so that we could take the neighbouring seat for our party. Let no former MP now in this House deny that that was the game, because we all played it for political advantage.
Council boundaries are not nearly as important now as in the past. My former constituency of 1,500 square miles stretched from the Irish Sea to over the Pennines. I had one county council and three district councils. While all of it was in England, we had some Scottish postal codes, as well as Cumbrian pupils going to school in Northumberland. One boundary was a little stream between Cumbria and Northumberland, which ran right through the middle of the village of Gilsland.
There was no great difficulty dealing with those different authorities. Council boundaries are not sacrosanct. Politicians must not be allowed to shelve Boundary Commission reports or amend them. The more I heard Labour Members today asking for the right of Parliament to interfere, the more I became highly likely to support my noble friend Lord Young of Cookham in imposing a time limit for implementation. In 2012, we saw the disgraceful ploy by the Lib Dems to kick into touch the 2011 review. They are responsible for our boundaries being another eight years out of date. That follows the precedent of Jim Callaghan, who ditched the Boundary Commission proposals in 1969.
Boundary Commission reports must be approved automatically, in a tight timescale. There is a track record of the Labour and Lib Dem parties sabotaging them for political advantage. Some also want the December 2020 registers to be used, rather than those which we had on 2 March this year. It is a bit rich for opposition parties to demand a register that would be just eight months newer, when they have voted to keep in place registers that are 20 years out of date. The Bill is a manifesto commitment and I trust that we will not see the games that occurred in 2012 played here.
Baroness Kennedy of Cradley (Non-Afl) [V]
My Lords, after two false starts and the current boundaries drawn on electoral data now 20 years old, this review is much needed. I welcome the return to 650 seats, the eight-year review and the consideration of pending local government reviews. However, on this latter point, can the Minister confirm in his response that the local boundary reviews that were delayed due to Covid-19 will be completed before the Westminster boundary review takes place?
Of the issues that I believe need to change, the first is the source data. The Bill ensures that every seat, with a few exceptions, has roughly the same numbers of voters within it so that, in the words of the Government,
“every vote counts the same”.
However, constituencies of equal size will not change some MPs being elected on fewer votes than other MPs, because turnouts always differ from seat to seat. The way to make every person count equally is to count seat boundaries not by the number of registered voters in a constituency but by the number of people. This is what most modern democracies do.
When a constituent asks a Member of Parliament for help, help is given whether or not they are registered to vote. Everyone who lives in the constituency is treated equally. Our boundary reviews should therefore treat people equally. For example, where I live, in Lewisham, the electoral roll figure in December 2019 was just over 223,000, but according to ONS figures, the population of Lewisham is over 303, 000—a difference of more than 80,000 people, and equivalent to an extra parliamentary constituency. Using population figures as the source data to draw Westminster seat boundaries, instead of the electoral roll, will mean that a heavy workload will not rest on too few shoulders and people can be represented equally. If the data source remains the electoral roll, we need to make sure that it is as complete and accurate as possible.
That leads me to my second point: the enumeration date. More than a million people registered to vote between December 2018 and December 2019. Given this huge increase, will the noble Lord expand on the reasoning behind deciding to use March 2020 as the enumeration date? Is the register at March 2020 more accurate and complete than it was in December 2019? If so, what is the difference in electoral numbers between the two dates?
Finally, the electoral quota is too narrow and hampers the commission’s ability to listen to sensible representations from the community. The commission needs flexibility to make sensible adjustments to seat boundaries to ensure that people in communities that have built up around, for example, geographic locations, transport hubs, university campuses, large factories, places of worship, community centres or housing estates are effectively represented. Effective representation should be as important to the commission as equalising seat numbers. I look forward to the noble Lord’s response on these three issues.
Lord Pickles (Con) [V]
My Lords, there was much wisdom in my noble friend Lord Blencathra’s observations, but Members of Parliament do like to represent real communities; it gives them the opportunity to represent a distinctive voice. That is far better than being on a party list, where courage tends to increase the higher up the list you are. It has always been about balance between communities and the electoral quota. After 20 years, the numbers are simply out of kilter: at one extreme, there are 21,000 in a constituency, and at the upper extreme, 111,000. This is what happens when a review goes on for too long and the gap becomes too great.
The changes are simply a reflection of the changes in the population. If there is a fixed number of seats, there has to be an electoral quota. As the former Deputy Prime Minister said,
“it is patently obvious that individuals’ votes should carry the same weight, and if that means reforming the rules for drawing boundaries, that is what we must do.”—[Official Report, Commons, 6/12/10; col. 35.]
I may be the last Member of the clan to agree with Nick, but there is some sense in that.
There has been much talk of the 5%, but minus 5% or plus 5% means 10%. So, when we talk about 7.5%, we are really talking about 15%, or when we talk about 10%, we are really talking about 20%—and 20% is incompatible with fair votes. Of course, there will be movement in parliamentary seats, but that just reflects what is happening on the ground.
I have prepared many schemes for boundary reviews, submitted evidence and appeared before a local inquiry, and I do not have the slightest doubt that the Boundary Commission is scrupulously fair. Where we have seen dirty work at the crossroads, it has always been by the political system, be it hiding behind Parliament, the Government voting down their own recommendations, dubious challenges in the courts, or some in your Lordships’ House getting into a strop over the loss of the AV referendum. I therefore welcome the automatic nature of the acceptance of the Boundary Commission: to an extent, it removes much of the temptation to interfere, but in truth it simply raises the bar.
Although I am open-minded, I thought that my noble friend Lord Young of Cookham made a reasonable point about setting a time period for laying the recommendations. I look forward to hearing the Government’s considered response to this idea of a self-denying ordinance.
Finally, I congratulate my noble friend for the way in which he introduced the Bill. However, I thought that he made a mistake: he was far too eloquent, far too erudite and far too competent. I am afraid that he will find himself in very high demand in future.
Lord Wallace of Saltaire (LD) [V]
My Lords, I reiterate what we from these Benches have said about this Bill: we welcome a number of its proposals; we have reservations about specific aspects, on which we will put down amendments; but we disagree fundamentally with its assumptions about the nature of fairness, equal votes and democracy, about which the noble Lord, Lord Clark of Windermere, made a powerful speech.
I remind the House of the historical justification for the United Kingdom’s single-member first past the post electoral system—a system now retained by only a small remnant of democratic countries, most notably the United States. It was that each Member of Parliament represented a recognisable community—a borough or part of a shire: a coherent community with its own sense of history and continuity, as Edmund Burke wanted.
The Conservative proposal to squeeze variation in constituency sizes down to 5% was based on the belief that differences in size between constituencies systematically favoured the Labour Party. Arguably it may have done, 20 years ago. But, as my noble friend Lord Tyler demonstrated, there is no evidence that it does so today. The Conservative Party does not need to distort constituency boundaries like this to protect its partisan interests, weakening further the link between historic communities and parliamentary seats. Lose the link with communities and you destroy the rationale for first past the post.
The Government recognised that the sense of community with regard to boundaries matters enough to make exceptions for the Isle of Wight and now Anglesey—but why not Cornwall? Why not Devon and Somerset? Common sense would suggest that we should, and the Minister will recall that the Prime Minister loves appealing to common sense, against expert advice or against prejudice. Common sense would also suggest that, if the Government were really concerned with fairness and equal votes, they would propose a different voting system.
The Government’s justification for maintaining 650 MPs—the loss of MEPs increasing their workload—is very weak. The workload of English MPs has increased in large part because the importance of local government and of local councillors has decreased. If we wish to restore public trust in democracy, we should start by rebuilding local democracy and devolving more powers from Westminster. The strongest argument against reducing the number of MPs was that it would increase the Government’s influence over the Commons, as several speakers have said, but perhaps the expanding role of special advisers that the Government are now pushing through means that we now need fewer junior Ministers in any event.
Unless the Government retreat from their manifesto pledge on extending voting rights to long-term overseas citizens—as they have just retreated on the promise of a constitutional commission, as the Telegraph reports—we may expect another million or more names to be added to the register soon after the new boundaries have been drawn up. If they are distributed evenly across the UK, it would add some 1,500 voters or more per seat—but of course the overseas voters are much more likely to be concentrated in urban seats, perhaps up to 5,000 or 6,000 more in our major cities. That is a strong further argument for relaxing the 5% limit that the Government want to introduce, which we will want to discuss further in Committee.
The Bill is about the rules of democratic engagement in the UK. As with all discussions on constitutional rules, Governments should be careful to carry cross-party opinion with them and avoid too narrow and obvious a concern with partisan advantage. Ministers should always ask themselves: would I be happy if a Government of a different persuasion wanted to use executive powers in the way that we are doing? We will discuss that, for example, on the question of parliamentary approval for Boundary Commission proposals.
The Government’s withdrawal of their promise of a commission on the constitution in favour of “expert panels” to look at curbing the powers of the judiciary, the functioning of prerogative powers and the relationship between government and Parliament raises wider issues about our constitutional democracy. I assume the experts for these panels will be chosen by Michael Gove and Dominic Cummings—not a basis for broader public consent and certainly not the manifesto’s promise of a
“look at the broader aspects of our constitution”.
After all, many speeches in this debate have argued that we now need to look at our constitutional arrangements as they interact, including with the devolved nations, not tackle different aspects of our constitution piecemeal as this Bill does.
I recommend to the Minister for his holiday reading the excellent new book by Anne Applebaum, Twilight of Democracy. She traces the way in which friends she and her husband used to regard as democratic conservatives in Britain, the United States, Poland and elsewhere have slid towards an acceptance of authoritarian populism, claiming that their party is “the real people’s party”—as the noble Lord, Lord True, said recently—and that it alone stands for the people, while dividing their countries and undermining their institutions and the rule of law.
There are those within the current Government who are clearly tempted by this betrayal of the Conservative constitutional tradition. I hope that in the consideration of this Bill and in wider discussions of judicial, parliamentary and executive reform, the Minister and his colleagues will stay true to the Burkean tradition and carefully resist efforts to weaken the conventions and rules that underpin our constitutional democracy.
Lord Lennie (Lab)
My Lords, this is a welcome Bill and the noble Lord, Lord True, is to be congratulated on moving its Second Reading. It is certainly welcome compared with that which the Tory-led coalition Government proposed—but all things are relative. Then, the Tory Government proposed a reduction to 600 MPs while their coalition partner, the Liberal Democrats, had suggested in their 2010 manifesto that they would reduce the House of Commons by 150 Members. It is little wonder that they want to move on from their 2010 position, and that the Tories cannot resist the pressure from their own Back-Benchers and have torn up the proposals that would have seen the reduction to 600 Members.
The reduction to 600 Members by the Tory-led coalition would have happened just as we were preparing to leave the European Union and during—I hope—our post-Covid-19 phase. That we have been spared such a fate is a relief I share with my noble friend Lord Grocott. Had Parliament lost its right to have the final say, that would have been passed into law and done and dusted without a glance back by the then Government.
That said, as noble Lords have heard, there are still matters in this Bill with which we on the Labour Benches disagree that need to be considered in Committee and beyond. A 5% variance either way from the norm of about 72,000 electors leaves a little room for manoeuvre—something between 68,000 and 75,000 constituents—but a 5% variance causes the most disruption to seats, compared with either 10% or 7.5%. Academic studies of reviews in 2013 and 2018 show that this was the case. It was stated on both occasions that a wider margin would produce more coherent, fairer constituencies. Why do the Government not want to allow the Boundary Commission sufficient leeway to deal sympathetically with any circumstances it may find? We have heard from Wales, Scotland and England that it will find those circumstances. There are factors that the Government cannot wish away—mountains here, rivers there or motorways built. They divide or unite constituencies. Natural factors that combine constituencies can now cause separation.
Can the Minister explain why the Government want to maintain the narrow channel for manoeuvre with the plus or minus 5% tolerance level? It has been recognised, rightly, that there are particular circumstances in Orkney and Shetland, the Western Isles, the Isle of Wight and Ynys Môn but they are saying that there are no other places in the country that have similar or comparable circumstances. We disagree. There are other places in England and Wales that deserve more sensitive treatment than the Bill allows. My noble friend Lady Gale reminded us that, especially in Wales, valley and hills naturally separate constituencies and make communities feel a sense of belonging. The effect of this limitation would be to split more wards and make the coherence between local authority boundaries and constituency boundaries less than it is currently.
The fact that the Bill could vote down proposals and the loss of such power are indicative of the Executive’s hostility to accountability. Why do the Government not feel that Parliament is the appropriate body to have the final say on proposals? Currently it serves as the last resort, but that would be removed by the Bill. It is not as though Parliament has stood in the way of change. The Bill increases the power of the Executive over Parliament. The fact that Parliament will lose the power to vote down proposals is indicative of the Executive’s hostility to accountability in Parliament. In fact, the only time in recent history that might have happened was when the Tory-led coalition supported changes to reduce constituencies to 600. Why do the Government feel that the Order in Council is a better, preferable system than Parliament having the final say on proposals?
In summary, the Bill is a welcome improvement on the previous Tory-led attempts to reduce Parliament’s size, but it still has some way to go to become a good piece of legislation. The Labour Party will bring forward amendments for consideration in Committee and we will seek to serve that purpose.
Lord True
My Lords, I thank the noble Lord for what he said and I thank all noble Lords who have spoken, including those who have ventured to be kind about me. I have found in life that it is not the smile you get at the front door when you arrive that really counts but the curses you hear when the front door closes behind you when you go, so I will try to serve the House as well as I can.
There have been some incredibly important and thoughtful contributions. I shall not follow the noble Lord, Lord Triesman, and my noble friend Lord Naseby in pointing out that probably never so many wise contributions have been made on elections by people who do not have the right to vote in them. It has been fascinating.
If your Lordships will forgive me, I will concentrate on those areas that are in scope of the Bill. We heard a lot about, for example, PR. The noble Lord, Lord Liddle, said that it is an argument for another day. I thought it was an argument that had already had its day. I hope that we can concentrate on some of the important issues that have been raised in the debate. I am pleased by the support voiced across the House for many of the key elements of the Bill—there have been doubters and how could there not be doubters in this great House?—in particular for maintaining the number of constituencies at 650. Although I noticed a small number of those voices on my side—I see my noble friend Lord Hayward in his place—I think the majority were for 650. I am also glad of the general support of the House for the new eight-year cycle and the addition of Ynys Môn as a protected constituency.
Let me come to the first issue which has been a matter of interest, to use a value-free word, to your Lordships’ House in debate, which is the so-called automaticity. I anticipated this in my opening remarks and that proved to be correct. My noble friends Lord Dobbs, Lord Mancroft, Lord Pickles, Lord Hayward, Lord Young of Cookham, Lady Pidding and many other noble Lords supported the changes to allow the automatic implementation of boundary review recommendations, as we propose. We believe that automaticity will give the public confidence and certainty that the boundaries recommended by the commissions will come into effect without risk of interference or further delay.
I note the opposition, ably expressed by the noble Baronesses, Lady Hayter and Lady Barker, my noble friend Lord Empey, the noble Lord, Lord McCrea, and other noble Lords. However, the purpose here is to remove both Government and Parliament from the process, so that those finalised recommendations of the independent Boundary Commissions are brought into force promptly, with no opportunity for blocking or meddling of any kind. Under current legislation, the citizen does not have certainty that this will happen, and the boundaries of constituencies are now woefully out of date as a result. I repeat that other countries such as New Zealand, Canada and Australia have similar arrangements for implementing boundary reviews which do not involve the final approval of the legislature. I hope that, on reflection, your Lordships will come to see that that does not present the dangers that some fear.
Under the Bill, the Government will still be required to give effect to the recommendations of the Boundary Commissions. As now, an Order in Council will be used for this purpose. As noble Lords have said, the change, which some have objected to, will be that Parliament will not play a role in approving the draft order and Ministers will no longer be able to modify the proposals in the event that it was rejected by Parliament. We are reducing the role of both Parliament and government. However, Parliament does remain sovereign and can amend the primary legislation, providing the parameters for reviews as it sees fit.
My noble friend Lord Young of Cookham, followed by other noble Lords, queried the possibility of future Governments delaying implementation of the Boundary Commission recommendations—as has happened before —by taking more time than is necessary to submit the draft Order in Council for making. I am conscious of the hour, but I will give a bit more detail, because I was asked to respond. The wording of this requirement has been modernised to reflect current drafting practice. As some noble Lords have pointed out, the current legislation says,
“as soon as may be”,
and the Bill includes the more common, up-to-date language of
“as soon as reasonably practicable”.
However, the meaning remains the same: any Government would be legally obliged to make the Order in Council promptly and without unreasonable delay.
My noble friend Lord Young of Cookham, supported by my noble friend Lord Blencathra, the noble Lord, Lord Campbell of Pittenweem, and other noble Lords proposed that there should be a fixed time limit in which a Government should lay an Order in Council. We are not minded to go in that direction, purely in order to maintain some flexibility for the necessary work in preparing the draft boundary order and the associated order that designates the returning officer for each newly drawn constituency. Time would be needed to allow for this preparatory work, and setting hard time limits can cause practical difficulties down the line. I reassure the House that there would be little scope for undue—certainly not unreasonable—delay. Any Government who sought to drag their heels over the submission of a draft Order in Council would be at risk of legal challenge. With something as high profile as a boundary review, it seems likely that the move to challenge would be swift. We believe that to be an effective and appropriate safeguard against delay. However, I have no doubt that noble Lords will return to this in Committee. I assure the House that this Government’s firm and sole intention is to deliver the updated and equal constituencies that are now long overdue and to implement the recommendations made by the independent Boundary Commissions.
I do not wish to try the patience of noble Lords, but the other issue is tolerance and limits. During the Bill’s evidence sessions in the other place, witnesses pointed out that the setting of tolerance is a matter of judgment. The House has heard differing judgments today; some noble Lords have agreed with leaving it as it is now, which is plus or minus 5%. This is, effectively, a variation of 7,000 or more in the size of electorates, as pointed out by some noble Lords, including my noble friends Lord Taylor of Holbeach, Lord Dobbs and Lord Sheikh, with whom I agree.
We believe that the current tolerance level strikes the right balance between achieving equal and fair boundaries and allowing the Boundary Commission the flexibility to take account of other factors. There are other factors and noble Lords have spoken about them, such as physical, geographical features and local ties. However, this is subject to the overriding principle of equality in constituency size. For something as critical as the right to choose the Government of the day, surely equity and equality must be the overriding principles. The fundamental principle of “one elector, one vote” should be upheld as nearly as possible. The same should be true in Bangor as it is in Blyth. We intend to uphold that principle. The elected Chamber voted on three separate occasions against amending the 5% variance. I urge noble Lords to consider this as the Bill progresses through the House.
Many noble Lords spoke up for the union and were concerned about the impact of this legislation on the union. There was particular mention in this context of rural constituencies with sparse populations. I understand where such noble Lords are coming from; I was particularly struck by the very powerful speech on this by the noble Baroness, Lady Gale. Our union of nations is the most successful in history. This Government are determined to sustain it and of course I share that desire to see it at its strongest. It is a matter of judgment, which we can test in Committee, but the Government believe that equal votes for all the electors of the union is an important part of maintaining its strength and the democracy at its heart. That is why the Bill does not change the tolerance level put in place by Parliament in 2011 with, at the time, very strong support from the Liberal Democrats. The purpose of the Bill is to achieve parity of representation for all electors across the union and within its constituent nations. Surely, wherever a vote is cast, it should have the same power in deciding who governs our country. That principle is a solid one and the Government continue to support it.
The noble Lord, Lord Tyler, and my noble friend Lord Bourne, asked about Cornwall, mentioning the controversy caused by the 2018 review, when a constituency that crossed county boundaries was proposed. It is important to recognise that that review was based on 600 constituencies. While this will be a matter for the independent Boundary Commission, the changes under review are based on 650 constituencies and are likely to be less dramatic. I welcome the comments made about public hearings and the move to allow the public to come in later in the proceedings, although I take note of the point made by the noble Lord, Lord McNicol of West Kilbride, that the Boundary Commission must be flexible.
On the question of the Boundary Commissions, the noble and learned Lord, Lord Thomas of Cwmgiedd, and the noble Earl, Lord Clancarty, and my noble friends Lord Dobbs and Lord Taylor of Holbeach all raised the independence of the Boundary Commissions. The noble Lord, Lord Janvrin, referred to this as well. They all wondered how important this is in the light of automaticity. I agree—and the Government agree—that the commissions are independent and neutral; they must and will remain so however their recommendations are implemented. When Ministers formally appoint commissioners, it is done only after a rigorously fair and neutral recruitment process under the Governance Code on Public Appointments and overseen by the independent Commissioner for Public Appointments.
Finally, some noble Lords talked about the building blocks on which constituencies are based. No doubt we will return to this in Committee as well, particularly the question of whether or how the Boundary Commissions might split wards into smaller geographical units. Other noble Lords spoke about polling districts. I will write to the noble Baroness, Lady Kennedy of Cradley, on the specific points she raised about the local government reviews. As far as the 20 March date is concerned, as I explained in my opening remarks, this is because we do not wish to wait to use the December 2020 date, given the potential impact of Covid. Therefore, that is effectively the latest date not affected by Covid.
The noble Lord, Lord Mann, spoke powerfully—as always—about community, as did the noble Baroness, Lady Gale, and others. I recognise that that matters; I have spent most of my lifetime representing a ward and was proud to do so. Whether or not to divide wards is an issue for the independent Boundary Commissions when conducting their reviews. It is already within their power to do so if they judge it to be necessary, in their expert opinion, and after receiving representations. Political parties and individuals will be able to make representations.
A number of noble Lords returned to the issue of underregistration. This was a widely and properly expressed concern in the House. Online registration has made it easier, simpler and faster for people to register. It can take as little as five minutes and there are no significant boundaries, if you have access to a computer. But not everybody does, and it is vital that we get to the hard-to-reach people. We all want eligible electors to be registered, but we do not wish to compel people to register. That is a matter for the individual, not the state, and we are not tempted by the course referred to of compulsion. I have no doubt that we will have other discussions on this, not only on this legislation but later in the Parliament. Without going into it at length at the moment, there are a number of ways in which the Government are looking for ways to increase the level of registration.
In response to those who raised the possibility of using alternative data to estimate electors—for example, the noble Earl, Lord Clancarty, floated the issue of census data—again, we can perhaps get into the detail of this in Committee. However, the Government consider that the current process of using data from the electoral register represents the most robust and transparent picture of the electorate on which to base proposals. Boundary reviews have always been based on registered electors, and we believe that that approach should continue.
On votes at 16, which was raised by the noble Lord, Lord Adonis, who I see is in his place—I owe him a reply, since he asked for it and is here—I have great respect for noble Lords who have long campaigned to lower the voting age in parliamentary elections to 16. However, the Government have no plans to do so and were indeed elected on a manifesto commitment to retain the current franchise at 18. We may differ on the principle—I see from the noble Lord’s expression that we do—but that is the position which the Government have adopted.
In summary, I am incredibly grateful to noble Lords for their excellent and constructive contributions. I have not been able to find an answer to my noble friend Lord Trenchard on high sheriffs, but I will write to him on that point. If I have not answered any of the points in the debate, I will try to make sure that a letter is made available to all those who have taken part covering points that, on reflection, I feel that I have not addressed. I realise that I will not have convinced everybody to withdraw from the positions they have taken up—positions that I respect. I look forward to discussing the Bill in greater detail in Committee, but I hope that I have made the Government’s position clear.
The provisions of the Bill have been endorsed by the elected Chamber, to which it relates. To be frank, our current boundaries are horribly out of date and we do not see a case for further delay. We believe that this legislation will help the Government to meet a manifesto commitment to deliver updated and equal parliamentary boundaries to ensure that every vote counts the same, and to do so on the basis of 650 constituencies. I urge noble Lords, on reflection, to support the Bill and I commend it to the House.
Parliamentary Constituencies Bill
Tuesday 8th September 2020
(4 years, 3 months ago)
Grand CommitteeRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-II(Rev) Revised Second marshalled list for Grand Committee - (8 Sep 2020)
The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)
My Lords, after a short glitch, the Hybrid Grand Committee will now begin. Some Members are here in person, respecting social distancing, others are participating remotely, but all Members will be treated equally. I must ask Members in the Room to wear a face covering except when seated at their desk, to speak sitting down and to wipe down their desk chair and any other touch points before and after use. If the capacity of the Committee Room is exceeded, or other safety requirements are breached, I will immediately adjourn the Committee. If there is a division in the House, the Committee will adjourn for five minutes.
We now come to the Grand Committee on the Parliamentary Constituencies Bill. A participants’ list for the day’s proceedings has been published by the Government Whips’ Office, as have lists of Members who have put their names to the amendments or expressed an interest in speaking on each group. I will call Members to speak in the order listed; Members are not permitted to intervene spontaneously. The Chair calls each speaker. Interventions during speeches or “before the noble Lord sits down” are not permitted. During the debate on each group, I will invite Members, including Members in the Committee Room, to email the clerk if they wish to speak after the Minister, using the Grand Committee address. I will call Members to speak in order of request and will call the Minister to reply each time.
The groupings are binding: it will not be possible to degroup an amendment for separate debate. A Member intending to move formally an amendment already debated should have given notice in the debate. Leave should be given to withdraw amendments. When putting the question, I will collect voices in the Committee Room only. I remind Members that Divisions cannot take place in Grand Committee. It takes unanimity to amend the Bill, so if a single voice says “Not Content”, an amendment is negatived, and if a single voice says “Content”, a clause stands part. If a Member taking part remotely intends to oppose an amendment expected to be agreed to, they should make this clear when speaking on the group. We will now begin.
Clause 1: Reports of the Boundary Commissions
Amendment 1
Baroness Hayter of Kentish Town (Lab) [V]
My Lords, it is an honour to move the very first amendment of the first Bill to be taken in Grand Committee in its hybrid form. It is an unexpected pleasure. I wish the Chair luck in dealing with this new configuration.
The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)
Thank you.
Baroness Hayter of Kentish Town (Lab) [V]
Amendment 1, which is also in the names of my noble friends Lord Lennie and Lord Grocott, simply re-establishes the existing practice whereby once the Boundary Commissions have done their work, Parliament puts it into legislation. Without this amendment, the Bill provides that the Boundary Commissions’ reviews will be implemented automatically by Order in Council, which, as we know, are not subject to parliamentary approval or any procedure.
There are four reasons to support this amendment. First, there has been no indication of any problem that the Bill seeks to solve with this change. There has been no pre-legislative consultation and no pre-legislative scrutiny of it. We have seen nothing of any debate with the commissions; there has been no suggestion of any demand for such a change and there has been no pre-discussion either with parliamentarians or the political parties, unless within the governing party itself.
Secondly, it is surely clear to the Committee that what happened last time was ample demonstration of the importance of parliamentary oversight to issues that might appear to be merely implementary, but in fact are constitutionally important. The coalition Government decided to reduce the size of the House of Commons to 600, with no reason given for that number. At the same time, they were increasing the size of this House with more unelected politicians. No rationale was given for the number 600 and no account was taken of its implication for Scottish and Welsh seats, or for those in rural or geographically challenged areas. Unsurprisingly, it was, in effect, rejected by the House of Commons. Without that ability of Parliament to have the final say, we would today have only 600 MPs, perhaps with 50 former MPs becoming Peers in compensation. It is proof positive of the need to take the elected House with you when a Government are suddenly seized with an unsustainable notion.
Thirdly, it will be clear from other amendments tabled for today that there is some distrust about the proposed procedure and the ability of the Executive to retain an influence, which under the Bill they will still have, either by the timing of the Order in Council or by the composition of the Boundary Commissions. We might note, therefore, the amendments to be moved by the noble Lords, Lord Cormack and Lord Young of Cookham, and the noble and learned Lord, Lord Thomas of Cwmgiedd, which we will deal with later.
Furthermore, although our Constitution Committee agrees in principle with the change, it particularly said that the proposed automatic implementation of recommendations of the Boundary Commissions will protect against undue influence only if they are genuinely independent. The committee therefore suggests that the House consider safeguards to ensure the independence and impartiality of the Boundary Commissions and their recommendations. We will come to specific proposals on this later, but the themes underlying this resonate with Amendments 1, 2, 5 to 9, and 12. In other words, both the Constitution Committee and these other amendments are in fact all part of a piece, that the Government—perhaps especially this Government—are capable of a certain flexibility when it comes to decisions that they might seek to influence. Their appointment of their friends—Tony Abbott or others whom I will mention in another group later—or the removal of those whose advice they do not like, and here I cite a swathe of Permanent Secretaries, in addition to the sad loss today of the head of the legal service, indicate a willingness to use subtle pressure to get what they want, or less than subtle pressure, as we witnessed over the attempted Prorogation, the threat to judicial review, and basically the attempt to sideline any whose advice or decisions get in their way. We do, therefore, have a concern that without absolute, very solid safeguards, the ability remains with the Government and not with Parliament.
Fourthly and lastly, there is a vital issue about the role of Parliament vis-à-vis that of a quango. I hear what our Constitution Committee says on that matter, and about the exclusion of Parliament. However, this is about the Executive vis-à-vis Parliament. It is about the Government removing a democratic backstop to an issue where decisions are not black and white but involve judgments, and—vitally—affect communities, devolution and regionalism. These are choices which Parliament cannot shrug off to unaccountable appointees, who may, as the Constitution Committee suggests, be looking to their reappointment.
In brief, we do not need this change. It was not requested; it has not been discussed; and it removes an important backstop role from Parliament. I beg to move.
Lord Grocott (Lab) [V]
My Lords, well done to those who have been involved in setting up this hybrid Grand Committee. It is an innovation and my mind boggles at how it is done. But, despite its wondrous characteristics, the sooner we get back to normal the better. As a very early speaker in this Committee, I want to make one constitutional point. There is one very unusual thing about today’s proceedings, which I accept because of the circumstances we are in. To my knowledge, there has never been a major constitutional Bill—which this is—held in Grand Committee. Such Bills are always held on the Floor of the House. One cannot imagine anything more fundamental to our constitution than the way MPs are elected and the areas that they represent. So I hope that this Committee may be the last of its kind and we can get back to the more usual practice of debating these Bills on the Floor of the House.
I have put my name to the amendments in the name of my noble friend Lady Hayter in the full knowledge that she would explain them lucidly and leave me little to do. I am sure she has been comprehensive enough even for Lord Tyler who, I am sure, will be listening and will have heard what she said. I will add, with some strength of feeling, to a couple of the points that my noble friend made. The first relates to the huge importance of Parliament having an ultimate say in the Boundary Commission’s recommendations and their implementation. The Government will deal with this later, but it is also relevant to this clause. The Government will argue that they are taking power from Parliament and the Government and giving it to an Order in Council which is absolutely neutral. I am afraid that that is not very accurate language. When the commission’s report is finally sent to the Order in Council is a matter for a government Minister. So, if the Bill goes through unamended, it will, effectively, transfer the final word from Parliament to Government. We can argue about that, but let us at least argue as if we were on a level playing field and understand what is actually being done.
Lord Tyler (LD) [V]
My Lords, I endorse what the noble Lord, Lord Grocott, has just said about the use of Grand Committee for this stage of a very important constitutional Bill.
I have listened with great interest to the arguments of the noble Baroness and the noble Lord for these changes to the Bill. The noble Baroness’s most formidable reflection on the previous legislation reinforces our concern for careful parliamentary scrutiny of the Bill, not of the eventual recommendations of the commission. I can best sum up the current view of my Liberal Democrat colleagues in both Houses on these amendments, and the opposition to Clauses 2 and 3, as sceptical and unconvinced. The Labour Party has got to persuade your Lordships’ House that the proper last word, however limited, on constituency boundary changes should be left to the Government of the day—after all, that is what is being said here: the party with a current majority in the House of Commons—rather than trust the independence and integrity of the non-partisan statutory bodies tasked with this delicate democratic exercise.
Quite apart from the element of MPs “marking their own homework”, in the colloquial phrase, this does not sound very realistic. If the suggestion is that it would not work like that, the recent experience of No. 10’s approach to constitutional convention and propriety, to which the noble Baroness referred, would surely suggest otherwise. Just look at the outrageous attack on the Electoral Commission. Even the timing of the tabling for approval by Parliament could become highly politicised. Crafty delaying tactics could be employed, as we will be discussing shortly.
We were delighted to be supported in these views by the forthright report last week of the Constitution Committee of your Lordships’ House, to which reference has been made. I want to read out the first two, key findings:
“The removal of Parliament’s power to block Boundary Commission recommendations is constitutionally appropriate and therefore welcome … automatic implementation of Boundary Commission recommendations will only protect against undue political influence if they are themselves genuinely independent.”
Amen to both. I note that the current chair of that formidable, important and highly respected Select Committee is the noble friend of the noble Baroness, Lady Hayter, and the noble Lord, Lord Grocott: the noble Baroness, Lady Taylor of Bolton. I know from my experience of working with her in the other House when she was Leader of the House and then Chief Whip that she does not suffer fools gladly. I therefore highly respect the conclusion that the committee has come to under her chairmanship. We wholeheartedly endorse those recommendations.
As long as the commissions are permitted to undertake this important job without fear or favour by the Government of the day, or anyone else for that matter, they should surely be given every encouragement to get on with it. As long as each of the four Boundary Commissions is given a truly appropriate operational framework by this legislation, it would be both constitutionally preferable and a great deal more practical to leave the responsibilities as set out in the Bill.
However, that surely requires the Government to see sense on the danger posed by the very tight straitjacket permitting the commissions only a 5% variance on the constituency electorate norm. We will come back to this core concern later. For the time being, I ask the Minister to note that no fewer than 20 Peers who spoke at Second Reading, from all sides of the House, expressed concern about those restrictions. If the Government prove obdurate on this issue, we may have to reconsider our attitude on Report, but for the time being we are not persuaded to support this group of amendments.
Baroness Seccombe (Con)
My Lords, parliamentary boundaries seem to have been at the heart of my political life. Legislation concerning alteration of constituency boundaries has always been a challenge for constituencies, as close friendships are formed and jealously guarded, but it is always in the knowledge that boundary review adjustments can frequently be made and even new constituencies created—I live in one myself: Kenilworth and Southam, which was new in 2010 and sends councillors to three different councils.
It was in the run-up to the 1970 election that I first came upon boundary reviews. I had just become a senior officer in the constituency and wanted to make sure that we did everything correctly. Ever since then, I seem to have been around when reviews have come up. However, opposition parties—obviously, under different Administrations—have by clever ruses thwarted efforts to give the country proper representation. The last occasion was in 2013, when Sir Nick Clegg and his party’s gerrymandering altered the date of implementation to 2018. Now we are left with constituencies ranging in size from 21,200 to 111,400. It is monstrous that we are working from registers that are 20 years old.
Development has changed the landscape in the past 20 years, so it is essential that the review takes place as soon as possible. We must ensure that, once the report has been published, it cannot be held back in any way. The country must not be defrauded again. There must be automaticity so that the Bill is enacted as soon as possible. I would be happy for the report to be sent to both the Secretary of State and the Speaker simultaneously—after all, a highly charged Speaker could withhold it for any period if it were left to him or her alone. I just hope and pray that this Bill will finally give the people of this country, before the next election, the fair and automatic changes that have been needed for so many years.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, I share the view that it is ridiculous—in fact, quite improper—that this legislation is being dealt with in a Grand Committee. Constitutional Bills are not usually dealt with in this way, so I go along with that view very strongly.
I shall raise in speaking to my own amendments later on a number of other matters relating to the importance of the link between a Member and their constituency. I am concerned by the total preoccupation with arithmetic and size—getting it absolutely right, getting the balance and the numbers absolutely right—which forgets about the importance of MPs representing their constituencies and not being just a pawn of the Prime Minister or the leader of their party here in Westminster. Trying to get the arithmetic right leads to a preoccupation with frequent changes, which again seem not to have much to do with proper representation of the people in a Parliament.
There are a lot of ex-Members of Parliament here who will recall the trauma of boundary changes and going along to boundary hearings. My former leader, John Smith—much respected—was so concerned about the boundaries in his constituency that the day before he sadly died, he was at a boundary hearing in Lanark in relation to his constituency. He wanted to be there in person because it is such an important matter for Members of Parliament.
However, like my noble friend Lady Hayter, I am suspicious about the motivations behind the Bill. I look forward to hearing the Minister, the noble Lord, Lord True, explain the U-turn and why the Government now think that 650 is the right number, having pushed strongly for 600. If I recall rightly, some people here used to argue strongly in favour of 600, so perhaps they could explain why the U-turn and why 650—and why particularly 650 and not 649 or 651? The Boundary Commissions came to the conclusion that, because of community links, it was better have more or fewer constituencies to get the communities right. Why make it absolutely 650? I do not understand the preoccupation with that particular number.
Seeing some former Ministers here, I know that they will recall, as I do vividly, that Governments are not Governments for ever—thankfully so in the current case—and they eventually become Oppositions. It is important to recognise—I say this particularly to the younger Members on the government side here today, if there are some—that, one day, they will be on the Opposition Benches, so they need to think about the implications of this legislation for when that time comes.
When I was Minister of State for Scotland and my noble friend Lady Liddell was Secretary of State, she received the report of the Boundary Commission and put it immediately, without any changes or alterations, to Parliament for approval. She said, “George, it is my duty to do so.” That was an exemplary decision and an example that I would hope other Secretaries of State might follow.
I have great pleasure, therefore, in supporting the amendments put forward by my noble friend Lady Hayter, and look forward to a perhaps more spirited discussion on Report if we do not get some decent replies and explanations from the Minister.
Lord McNicol of West Kilbride (Lab)
My Lords, my noble friend Lord Grocott explained perfectly how well my noble friend Lady Hayter introduced this set of amendments. She took us through the main issues and the main points within them. I wish to emphasise just a couple of issues that my noble friend Lord Foulkes touched on at the end of his speech.
British politics is cyclical. Removing proper parliamentary scrutiny is not just wrong but could prove to be a very short-sighted action by this Government. Empowering the Executive over Parliament raises issues and concerns. If this was the only change brought forward in the Bill, we would be questioning it and raising issues with it, but what makes it more concerning is that it is coupled with other changes that make it harder to have that democratic oversight: the timetabling of any future changes—we will be discussing later the 5% that has been mentioned—and the nominating process for the Boundary Commission.
Boundary Commission recommendations deserve a democratic parliamentary backstop. These are judgment issues: major constitutional issues and changes that could be implemented around the parliamentary landscape. Although MPs, political parties and communities can feed into the earlier stages of the Boundary Commission review, the full oversight of all the packages across the different nations really takes place only when they enter Parliament itself.
We have heard that the Commons would now have 600 MPs if we had the system proposed in the Bill. What happens if the Prime Minister of the day decides that 600 is not right, and that 200, 300 or 1,000 MPs are needed? Not having full parliamentary oversight and decision-making power on would just not be right. Like my noble friends who have spoken, therefore, I am more than happy to support these amendments and look forward to the Minister’s comments and response.
Lord Liddle (Lab)
My Lords, the speeches by my colleagues before I was called have left me very little to say that is fresh, but I will try to make some new points, if that is possible.
My first point is that I am instinctively opposed to what the Government are trying to do here—to take this issue out of Parliament’s hands—mainly because I see it as part of the general trend of what the Johnson premiership is doing to Britain. It sees Brexit, and the constitutional changes resulting from Brexit, as an opportunity to strengthen the power of the Executive, and not to bring power back to Parliament, which was what the leave people argued for in the referendum. Across the board we see—for example in the Trade Bill and the Immigration Bill—a concentration of power in the Executive, with Parliament having less say than before. This is a deplorable trend, and it is not giving power back to the people.
My second point is that what the noble Lord, Lord Tyler, has said about the need for impartial consideration of constituency boundaries, and what the Constitution Committee says about this proposal being appropriate, would be all very well if one felt that one could trust this Executive to behave impartially. The way in which the Government have behaved since the December general election gives one no confidence that they will behave in a decent and impartial way, so why should we give them this power that they currently do not have?
I also believe that there has been inadequate consideration of the Bill, in the Commons and in our own House as a result of the way we are now dealing with the Bill, of the very big issues that it raises. If you apply a strict population basis to representation in this country, you will gradually see a shift in political power to London and the south-east, where most voters are. The Government decided to opt for 650 Members rather than 600 because they were deeply aware of the fact that the redistribution is likely to see a shift of representation from the north of England to the south, and that with the new “red wall” MPs who have been elected, a further reduction in the number of MPs would lead to very considerable party problems for the Conservative Party in the north of England, where it has just won representation.
We ought to be taking a bigger look at these issues. Representation is not just a feature of the arithmetical equality of the size of constituencies; it is also about whether, within a union such as the United Kingdom, all parts are fairly represented. I deeply regret that the numbers of Scottish and Welsh MPs are being reduced—when the debate about the union’s future is becoming critical, this is a grave mistake.
Similarly, within England, we need to think about the balancing of power between the regions of the country. My noble friend Lord Foulkes and I would probably agree that we would like to see this done through reform of the upper House—but, while we cannot achieve this, it is a bad political and constitutional mistake for the Government to go down the road of strict arithmetic equality. The different parts of the United Kingdom have to be decently represented.
So I support these amendments, for the fundamental reason that you cannot trust this Executive to behave fairly.
Lord Morris of Aberavon (Lab)
My Lords, as someone who tried to be a constitutional lawyer when I was a law officer, I agree entirely with the remarks of my noble friend Lord Grocott and others that a constitutional Bill should not be handled by this Committee. I had a hand in proposing a number of devolution Bills rather a long time ago, and they were all taken on the Floor of the Commons and, in due course, on the Floor of this House.
I wish to support the amendment moved by my noble friend Lady Hayter. I hope that I am not given to extraordinary language. As a lawyer, one should be moderate in the use of words, if one is to have any effect on a tribunal. In my Second Reading speech, I referred to the proposals for Wales, referred to by the noble Lord, Lord Liddle, a few minutes ago. I shall not go on about them; I will come back to them in due course. I hope that I am not too extravagant in my language but, as I see it, what is happening plainly in this Bill is gerrymandering on a huge scale. It is the second time that Governments have sought dramatically to reduce the number of Welsh MPs, all with the aim of reducing Labour representation, since we have been the majority party in Wales since 1905. There is no regard in the Bill for continuity, ties with local authorities or particular problems in south Wales, where communication is down the valleys and not across huge mountains.
I strongly believe that decisions so far as possible should be as distanced as one can from political Ministers. This reduces the temptation to gerrymander. The noble and learned Lord, Lord Thomas of Cwmgiedd, the former Lord Chief Justice, has a very helpful amendment in which he seeks to replace the Lord Chancellor with the Lord Chief Justice in the Bill. I will support him and will expand on my remarks in due course. The purpose is to reduce and remove political interest, because the Lord Chancellor is very much a political animal. As Secretary of State, I tried to be impartial; whether I succeeded is not for me to judge but for others. But one had a whole range of appointments to make, from chairmen of quangos to submissions of appointment to Lord Lieutenant and managing the honours list. One tried one’s best, and a diverse number of people, including ex-Conservative Ministers and ex-eminent Liberal MPs, were appointed to my quangos. I hope that I succeeded. I may not have done as much as I would have hoped to do, but I did my best.
It is of fundamental importance to the golden thread of fair representation in this House to ensure that there is independence and no political influence, and that the day-to-day management of electoral commissions is done by deputy boundary commissioners. I have appeared professionally before such bodies, and I applaud the experience and fairness of distinguished silks who know what they are about and do their best. I am not aware of any conflict of interest. But we should have all the time in the forefront of our minds when considering the Bill that there should be independence, there should be respect for the decisions, and they should be generally acceptable.
Lord Hayward (Con)
My Lords, before I pick up on the specific question of automaticity, I will pick up on one or two comments made by other noble Lords during this discussion. In relation to the timetabling and inadequate consideration, I have sympathy with that view but, given the timing process that one faces in terms of completing a full boundary review, a timetable must be set so the Boundary Commissions from the different countries can go through that due process. In terms of timetabling, that process is set out and, in fact, in this particular piece of legislation, had the agreement of the Electoral Commission and the other Boundary Commissions as well as the other political parties involved in the discussion. The slight foreshortening of the timetable has been agreed, but it means that we need to complete the legislation within a certain timescale. I have sympathy as to whether this should be considered in Grand Committee or on the Floor of the House—no question about that—but the circumstances we face are somewhat different.
When talking about inadequate consideration, the noble Lord, Lord Liddle, also talked about trusting or not trusting the Executive. This clause takes the power away from the Government and gives it to the Boundary Commissions in the different countries.
Just as an aside, the noble Lord, Lord Grocott, made reference to reducing numbers of politicians without any hesitation. It may reflect that I am a sad git, really, but I turned up the extract from the BBC for October 2019. At Second Reading, I said that we should have fewer politicians, not more. On 19 October, Italy voted to reduce its lower House from 630 to 400. Significantly, it also voted to reduce its upper House from 315 to 200, and that is in the process of being implemented.
I seek guidance—and it may be that the Minister can clarify this now or at some other point. I read the Constitution Committee’s report somewhat differently. Paragraph 4, which I have in front of me, says:
“The removal of Parliament’s power to block Boundary Commission recommendations is constitutionally appropriate and therefore welcome.”
Others have cited it, but that seemed to me to be an indication that it was acceptable.
And acceptable it is. The noble Baroness, Lady Hayter, to whom I always listen with great care, referred to the fact that there had been no discussion—but this is not a constitutional aberration. As the Minister said, in his response at Second Reading, it operates in Australia, New Zealand and Canada. I pointed out to him after the debate that it also operates in India. This is a process that has worked for decades in a large number of countries, and there has been no objection. The run-up to the New Zealand election is going on at the moment, and there has been no objection that I have been able to trace.
I had discussions some 10 years ago when, I am afraid, it is probably my fault that I coined the word “automaticity”. I was in discussions with the then Australian commissioner about the Australian process. It works well in Australia, New Zealand and other countries. I have checked with Tom Rogers, the current Australian electoral commissioner, and I thank them both for their help in relation to the details of the process. So this is not some constitutional aberration that does not exist and has not operated anywhere else.
The noble Lord, Lord McNicol, raised the question, quite reasonably, of changing the numbers—from 650 to 600, or some other number—but that would still have to go through primary legislation. I have here the Parliamentary Voting System and Constituencies Act 2011, to which there has been reference. All those considerations would have to be made to change the existing primary legislation—and, significantly, this is the process that one is following, which leads up to automaticity. We have a judge-led commission process. There is a series of stages that one goes through, which under the current legislation, on page 11 of the Act, are bound by the factors in Section 5. You have to follow certain guidelines. Clearly, if the commissions failed to follow those guidelines as outlined in the rules, it would be perfectly reasonable for somebody to go to court and say that they had not followed those rules—any of the Boundary Commissions. We will come back to certain other elements as well. But it is a judge-led process; it is not some process that has been thought up and is part of a government appointment. It is fully independent. On the actual discussions, I have not heard anything so far that persuades me that automaticity should not be adopted. It is a perfectly reasonable process.
What is significant about the discussions and the comments that we have had so far is that while people have referred to the efforts of the aborted reviews and the associated legislation, not one person has referred to 1969 or 1983, which saw specific attempts by government to interfere with the final stage of the process. This clause and set of clauses find another way whereby Governments cannot interfere with the process. There are quotes in relation to 1969, in particular, in which members of that Government acknowledge that they were operating on a constitutionally unsound basis.
As far as I am concerned, we have here a process that is tested in other countries. It is independent. It goes through a whole series of stages of independence and due consideration. It operates within a set of principles outlined in the existing legislation. There is clear evidence that Governments have interfered with the process on previous occasions and therefore it is appropriate that we should remove that from the system and introduce something that has been constitutionally tested in other countries.
Lord Rennard (LD)
My Lords, the noble Lord, Lord Hayward, might also refer to what happened when he left in 1992, when the then Conservative Government more or less doubled expenditure on the Boundary Commissions in order to expedite the process and to try to bring forward a review earlier than might otherwise have been the case in an attempt to save their skins. People might say that it did them a fat lot of good in 1997 but it was an attempt by a then Conservative Government to alter the process.
I am inclined to disagree with these amendments in principle, but I may be willing to support them if the same kinds of flaws remain in the Bill as were contained in the previous legislation from 2011. I say to the noble Baroness, Lady Seccombe, that it was with the aim of preventing gerrymandering and because of these flaws that I was one of the movers of the crucial amendment in the House of Lords that halted the boundary review in 2013. A cross-party group in the House won approval for our amendment and this then achieved a clear majority in the Commons, which had the effect of blocking the implementation of that review. I have no regrets at all about that.
The Bill before us now is better in many respects than the one introduced at the beginning of the coalition. The plan for 600 MPs was a bad one when the so-called payroll vote remained so large. Reducing the number of MPs, while maintaining the same number of Ministers, Whips and PPSs, would have given greater power to the Executive and weakened the legislature when we should be moving in the opposite direction. That problem is addressed by retaining the number of MPs at 650. This change will also reduce—at least marginally —the disruption involved with boundary reorganisation and which is proposed to be every eight years, as opposed to every five, although perhaps 10 would be better.
However, two significant problems remain with the Bill and they are relevant to these amendments. If not addressed, I think that Parliament should still be given the final say over implementation. The first problem relates to electoral registration. The Electoral Commission has reported that 9 million people may be missing from, or inaccurately included on, the electoral registers. This is a very high proportion given that the registers contain around 47 million names. The potential figure of perhaps 6 million people completely missing from the registers is far higher than was suggested to Parliament when it approved the 2011 legislation, and the missing millions obviously greatly distort the work of drawing up boundaries properly. I await with interest the Government’s response to the discussion on Amendments 11 and 24 relating to automatic voter registration.
The second major flaw with the process proposed is that it is unnecessarily disruptive. Whether inadvertently or otherwise, it will allow for small population changes in one constituency to trigger massive changes in many others throughout the remainder of the relevant English region, or in Scotland, or Wales, not just in neighbouring constituencies. This problem can be addressed, as the House of Commons Political and Constitutional Reform Committee concluded in its excellent report in March 2015, by allowing perhaps 7.5% or 8% flexibility. A little more flexibility in the 5% margin allowed for variation to the quota for each constituency would enable more natural constituencies with sensible boundaries to be created, with fewer constituencies proposed that cross county boundaries, for example. Perhaps more importantly, more flexibility would help ensure that the entire map of constituencies is not ripped up whenever a review takes place. The Government should note that the Liberal Democrats are not under the same constraints as in 2011 to support aspects of the Bill such as the principle of 5%—which was very nearly changed to 10% to secure the passage of the Bill, but the compromise was not made.
A good process, with fair rules, using independent commissioners, should not be halted, varied, or expedited according to the whim of the party which can control a parliamentary majority. However, when so many people are not included properly in the electoral registers and there is the likelihood that the process will be unnecessarily disruptive in a way that would particularly disappoint many good constituency MPs, the case remains for Parliament having the final say.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I am grateful to all noble Lords who have spoken on automaticity. It has been a very interesting debate. I am particularly grateful to the noble Baroness, Lady Hayter, and the noble Lords, Lord Lennie and Lord Grocott, for tabling the amendments that have helped us have this debate.
I need not remind the Committee of the shape and purpose of the amendments—it is well aware of those. It has been explicitly stated that the amendments seek to retain the present position where Parliament can intervene and frustrate the intention of the Government and, indeed, the intention of the House of Commons, as resolved on examination of this legislation, to go for automaticity.
I note that most noble Lords who spoke against the proposals were from the Opposition. I was not persuaded by many of the reasons that they put forward. I note and welcome the support of the Liberal Democrats who spoke in favour of automaticity, although I note—as I was asked to by the noble Lord, Lord Rennard—that this is conditional. They support this principle now, but they might change their minds by Report. I will be interested to understand how they turn on its head the fundamental principle that there should not be political interference with the electoral process. I hope—I am sure—that they will continue to support the principle of automaticity.
Noble Lords have raised other important issues in this debate, some of which we will discuss later today and some on subsequent occasions. I assure the Committee that I will be listening carefully to all the points that come forward.
I support the principle of automaticity. I hope it is recognised that I am a staunch supporter of Parliament and its role—and your Lordships’ role—in scrutinising and agreeing the laws by which we live. I suppose my gut instinct is that Parliament gives up so much. Some have said, “Is it not a good thing that Parliament should be involved?”, that we parliamentarians always have a right to reject. While it perhaps goes against my instinctive grain to let go of that opportunity, in this instance I believe that we should not follow those instincts and that there is more to be gained for the citizen by us letting go, as was movingly expounded by my noble friend Lady Seccombe.
Baroness Hayter of Kentish Town (Lab) [V]
I start by thanking the Minister but also the former Chief Whip, the noble Lord, Lord Grocott; the former law officer, the noble and learned Lord, Lord Morris; the noble Lord, Lord McNicol, the noble Baroness, Lady Seccombe, and the others I am going to mention, for their contribution to this debate.
First, I have some bad news for the noble Lord, Lord Hayward: he did not invent “automaticity”. It was used for the allocation of the seats on the TUC, of which I was supportive, but I confess that it was part of the grubby deal. We shall have to read the book to see the details. He may have applied it here, but I am really sorry, it is not his original term, although it is quite useful.
The noble Lord, Lord Hayward, says that automaticity is reasonable if one trusts the Government—I may have added “if” in rather strong language, but that is important. My noble friend Lord Foulkes says he is suspicious of the motivation behind this. I think my noble friend Lord Liddle is right when he talks about what else is going on—what is the environment that has led to the change to remove the parliamentary say?
I hope the stuff I am getting on my other devices is not accurate, but we are hearing from the press that Brandon Lewis has admitted that the Northern Ireland protocol proposals would indeed breach international law. Obviously, we saw the resignation of a senior legal officer earlier today. Asking us at this moment to trust the Government and all their motivations is quite a hard ask. Therefore, the ability of this mother of all Parliaments to have its final say is important.
Orders in Council, which are the suggestion in the Bill, are pretty rare. I have been involved in them in changing the name of a university and with an organisation gaining chartered status. I think the noble Lord, Lord True, kindly sent me a couple of other examples, but no others have actually involved major constitutional issues. I think my noble friend Lord Grocott said, although others did as well, that these are constitutional issues. How MPs are to represent their constituencies as well as their constituents—we will come on to that; I dealt with it at Second Reading—is an important constitutional issue. It is not simply a technical one.
I am very pleased that we have had this discussion in Committee, because it will enable the noble Lords, Lord Rennard and Lord Tyler, to look at whether the Government will move on their other amendments. The noble Lord, Lord Tyler, could think about supporting this to retain the parliamentary role if other changes are not made. Although the noble Lord, Lord True, quotes from the Constitution Committee report, there is the word “however”—and I think it is in bold. Our colleagues suggest that there should be changes to absolutely ensure the independence of the Boundary Commission. Even there, although it says that it is constitutionally acceptable, there is a big “however”.
As colleagues will have gathered, the Opposition do not support having the automaticity of Boundary Commission recommendations becoming law with no parliamentary intervention. The noble Lord, Lord True, always treats our amendments very seriously. He said that I have not persuaded him, but I am afraid he has also failed to convince me of the need for this change. Clearly, we will look at what response is given to the other amendments, but we might need to return to this on Report. For the moment, I beg leave to withdraw the amendment.
The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)
We now come to the group beginning with Amendment 2. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.
Amendment 2
Lord Foulkes of Cumnock
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, I am very pleased to speak to my Amendments 2 and 3 to Clause 1 regarding expanding the Boundary Commission review period from eight to 10 years. I am glad that the noble Lord, Lord Rennard, has already indicated his agreement with this. It would mean that after the 2023 report, the commission would no longer need to conduct another review until 2033. I have a number of reasons for this, and I will go through them all.
The first is that it will actually chime more coherently with electoral cycles across the United Kingdom, both for the devolved nations and for local and regional elections. Scottish Parliament elections are now every five years. Although I understand that we might be moving away from a fixed-term Parliament here, it is normally the case that Parliaments last between four and five years. To have such frequent Boundary Commission reviews causes great disruption, as I hope I am about to explain.
I thought that I had asked to speak after the Minister on the previous group, but perhaps I did not email the right address. The Minister argued very strongly —I think this was his main argument—that everyone’s vote should have equal weight. That is what I call the arithmetists’ argument when we come to boundary reviews. Is not the logical conclusion of that to move towards some form of proportional representation? That would seem the basis of his argument. I am not in favour of proportional representation because I am very strongly in favour of individual Members representing constituencies. That is the argument for these amendments and for further ones that I have later on.
Lord Foulkes of Cumnock (Lab Co-op)
Yes, we kept hearing about the cathedral. But I also kept hearing about his constituency. He was a very active constituency Member of Parliament.
Representing a community is important. I have later amendments that will come round to this on community ties being more important than arithmetic. I have seen one side of a street being in one constituency and the other in another just to satisfy the arithmetists. There have been all sorts of crazy boundaries just to get these numbers right.
My job as an MP, as those here who are ex-MPs will know, was to represent the people. We were not just lobby fodder for our parties. I used to go to meetings with pensioners and all sorts of other groups. I went to schools, received petitions and held surgeries in 25 places around Carrick, Cumnock and Doon Valley. You build up a rapport with your constituents. Because of that rapport, sometimes, when there is a major issue, you consider whether it is important to put your constituents before the party. I have done it, and I know others have. We are able to do that. That rapport needs to be built up over a number of years. That is why I think five years is ridiculous—eight years is equally unsatisfactory—and why I am moving an amendment to 10 years. Of course populations change in different constituencies, but there are swings and roundabouts. Some parties will lose on the swings and gain on the roundabouts, and vice versa. To change so speedily just to get the arithmetic right seems wrong.
I was elected in 1979 and I went straight into a boundary review. It was changed in 1983 and I got added to it. It made my seat safer, by the way. It was not too bad, but it was a difficult period going through that. However, the Boundary Commission changed the name from South Ayrshire to Carrick, Cumnock and Doon Valley. I suggested that it would be easier for the people I represented to keep the same name, but the commission would not accept that. It was crazy that it would not. I do not know how that helps my argument, but it is an interesting anecdote. Mind you, I came to like Carrick, Cumnock and Doon Valley as a name. It is very evocative.
We make special cases in the Bill for Orkney, rightly, for Shetland and the Western Isles, and now for the Isle of Wight, because they are islands. I can see that argument but it means we have some very small constituencies, so I do not know where the Minister’s point about equal weight comes in as far as those are concerned. If the Government are to take account of the fact that they are islands, why can they not take account of sparsity? There are a few Members here who used to represent parts of Scotland. There are huge constituencies in the Highlands and Islands, which used to be represented by people such as Charlie Kennedy. He did brilliantly as a Member but it was a huge job to get around the whole of his constituency. There is not enough account taken of these community differences. Very often, where it is so obvious that a river, a major road or a mountain range should be the boundary, the Boundary Commission takes no account of it because it wants to get the arithmetic right.
I will argue that case on a later amendment. However, the reason for having 10 years rather than eight is to give some stability for the Member of Parliament to get to know her or his constituency—to become acquainted with it and have the support of their constituents—and to be able to come to the House of Commons as a representative, not a party hack. That is a very important thing. It would give them much more power individually. I hope that other Members of the Committee will consider it and that, at a later stage if not today, we will perhaps have a vote on it. Meanwhile, I beg to move.
Lord Tyler (LD) [V]
My Lords, I am delighted once again to find myself in broad support of the noble Lord, Lord Foulkes. It is almost embarrassing to find myself in his company because we do not always agree, but on this occasion I have a strong reason for doing so. Before I get to the specific point on extending the period from eight years to 10 years, which I broadly endorse, I want to pick up the point he made about the wonderful and unexpected commitment of the noble Lord, Lord True, to equal value for equal votes—I hope I quote him correctly—and for making the system entirely fair in that respect. It would inevitably lead to a better system of elections, because the present system is ludicrously unfair and does not give equal weight to equal votes.
In response to the point made by the noble Lord, Lord Foulkes, about the individual representation of individual constituencies, I never saw a problem in being an elected Liberal Democrat Member for one part of Cornwall, while recognising that Liberal Democrats in other parts of Cornwall would no doubt welcome multimember seats for the whole area, so that everybody would be better represented in political support, as well as individual local support. It is not necessarily a contradiction to be strongly in favour of local representation but, at the same time, of multimember proportional representation.
I was extremely proud to be a Member of Parliament for North Cornwall. Indeed, I think that I was the longest-serving Member for North Cornwall since the seat was founded in 1919, if only by a few months, as there have been frequent changes there. Nevertheless, I have a long family tradition connecting me with that part of Cornwall. I was told, by my mother in particular, that my ancestors arrived in north Cornwall in 1066, so the connection was strong. I was very proud that even though the electorate had grown to 87,000 by the time I retired in 2005—it was then redistributed within a big change of all the boundaries in Cornwall—I think I was nevertheless able to give good service. I do not find this argument about the size variance so persuasive that we have to stick to a very narrow margin. We will of course come back to that later in the Committee’s consideration.
The key issue that noble Lords have referred to, so far as I am concerned, is that if you do the calculation on a narrow basis—and too often—you create a degree of disruption which is entirely inimical to taking full account of the interests of the communities concerned and their integrity. It is not just for the convenience of the elected Member, which noble Lords referred to; it is for the communities themselves, if they constantly have to face disruption. That is surely the issue we should address and it is not properly addressed in the present Bill. It is not just about the eight-year cycle. There is also the issue of the very narrow variance, to which several of us have already referred this afternoon. That will come back as the core issue for the whole of the Bill.
I was struck by what the noble Lord, Lord Liddle, said about the balance between more remote constituencies in some parts of the United Kingdom and those in London and the south-east. I am sure he is right, particularly if it is combined with a degree of rurality, where the geography makes it difficult for the communities concerned and their elected representative to communicate effectively with each other. That is extremely important, and therefore an additional reason why we have to approach with care the too frequent and massive disruption from relatively small-scale changes in the electorate. That would clearly be the case if the Bill went through in its current form. I am sure that the noble Lord, Lord Foulkes, is absolutely right on that point.
Given what my noble friend Lord Rennard said in the previous debate about the missing 9 million, I also emphasise that if we find that that figure is still there as these current proposed Boundary Commission examinations go forward, we will also find some very curious results coming out. That would be another argument for taking this a bit more slowly and trying to improve the degree of registration—automatic registration, I hope—as my noble friend said. We therefore cannot rush this process, only then to find it is way out of date.
The key issue in the Bill is surely to give people confidence that it is not going to be a rushed job—a job which does not fully take account of local circumstances, or which creates new and artificial boundaries, or which has a salami effect where one constituency is slightly out of kilter and a number of others in that part of the country therefore have to be changed too. Once the newly elected 2019 entrants to the House of Commons recognise the dangers of having too quick, too narrow and badly considered boundary changes, I believe that they too will take our view that this will be a mistake and moving in the wrong direction.
Lord Blunkett (Lab)
I am pleased to follow the noble Lord, Lord Tyler, and to commend my noble friend Lord Foulkes on his two entertaining speeches this afternoon. They were both extensive and informative: I know more about the change of name in south Ayrshire than is good for me, but he made some extremely useful points. I did not know that the noble Lord, Lord Tyler, had relatives who invaded Britain in 1066, which is another revelation.
I am joining in because this emphasis on numeric equality is dangerous. Just like the algorithm which was applied to examinations this year, it places a particular imperative at the centre when it should often be ancillary. It is clear that on boundaries, with the exceptions already enunciated about islands on the edges of the UK, you cannot have constituencies with vast disparities of numbers. Equally, to have in place a tight numeric value and therefore a restriction on the commission being able to take into account sensible, logical community-related issues is a nonsense.
By the way, we ought to note—I am sure that the noble Lord, Lord Hayward, will correct me if I am wrong—that quite a lot of boundary changes have taken place over the last 20 years. My own former constituency was substantially expanded in 2010 on the back of local authority re-warding boundary changes, which often take place in this country. The devolved Parliaments have also seen such changes.
Lord Liddle (Lab)
We have had some excellent contributions. I want to make a simple point: the ties of community should be given equal weight to arithmetic. To strengthen those ties, there should be a longer period between each distribution.
Lord Lipsey (Lab)
My Lords, first, I want to refute the calumny that I am participating in this debate only to go down in parliamentary history as one who was present at the first-ever hybrid Grand Committee of the House of Lords. It is not true. Indeed, it goes contrary to my strongest principles because, as a noble Lord said earlier, this Bill should be on the Floor of the House; it is constitutional, but it goes beyond its constitutionality.
We should consider the scale of the change in the Bill, the degree of disruption that it will cause if it is put into effect in full, the ruined lives down the other end of the Corridor—going from 600 to 650 helps, but it does not help as much as not having a 5% variant—the disruption it will cause and the loss of confidence among the population because they will not know who their Member will be next time round. This is really large-scale stuff—and that is without getting into the issue, which I do not intend to cover this afternoon, of whether this is in fact a gerrymander. No doubt we will have a chance to discuss that later in Committee and on Report. So I am not participating just to be in a hybrid Committee. I wish we were not in a hybrid Committee but on the Floor.
The second calumny is that I am intervening on this amendment only because the noble Lord, Lord Foulkes, and I are such comrades, if I may use that word in the House of Lords. We are great veterans of the 2011 attempt to persuade the Government of the points, or most of the points, that I have just made. That attempt narrowly failed, due to a piece of stubbornness on David Cameron’s point of view. It is a great pity that those measures went through—they had to be ditched anyway—but it gives us a chance to have a second, more sensible, go. Unfortunately, I do not think that the Government have succeeded in doing that.
As I say, my noble friend Lord Foulkes is a comrade. He knows that we disagree on electoral reform. The idea that electoral reform would necessarily destroy the relationship between MPs and their constituents is nonsense. It was shown to be nonsense by something that nobody round this table other than me will remember: the Jenkins report on the electoral system. I remember it quite well because I was on the commission. Those noble Lords who remember that will remember that it had most constituencies represented by a single Member, as now. There were some additional Members to deal with discrepancies in the amount of support that each party needed to elect somebody, but they were on a county basis; they were not asked to represent the whole country at large or any of the things that go with other proportional systems, so there is no necessary link between electoral reform and whether you go ahead with this sort of system. It should be debated on its own complicated merits. I suppose I had better come to the amendment about now.
At the moment we have the Fixed-term Parliaments Act, which implies that elections take place every five years. It makes sense to me that you should have a fixed gap between a boundary review and an election—they should come in that order. If you had 10 years under the present system, that is what would happen. It would come at the same distance before an election each time. Eight years tells you nothing. It means that sometimes you will have a boundary review immediately after a general election, so you will fight the next election on completely outdated boundaries. The time after that will be just before an election, so no would-be Member of Parliament will have time to get to know his electorate. It is a complete absurdity. It is so absurd that I can think of only one argument that the Minister could use to defend it, which would be to say, “We committed in our manifesto to get rid of the Fixed-term Parliaments Act”—and I recognise that that is the case.
However, do not be surprised if the Prime Minister and his party do not in the end show the enthusiasm that they have shown so far for the proposition that they go back to the old system where the Prime Minister calls the election every time. I should say, first of all, that the record of Prime Ministers calling elections when they have that discretion is bloody awful. I go back to Jim Callaghan, who I was then privileged to be an adviser to, funking autumn 1978 and going for 1979 and therefore making Mrs Thatcher possible. I understand why he made the decision, but I think he was wrong—and I think he thought he was wrong. More recently, Theresa May, befuddled by the opinion polls and having adopted a policy for social care that was bound to lead to at least a 10-point drop in the Tories’ reckoning, went for an election that was the end of her.
Even more recently, not the Prime Minister but the leader of the Labour Party, in the face of irrefutable evidence that his party would be massacred if it went to the country under his leadership, nevertheless decided that his party should vote for an early election, thus handing Boris Johnson the easiest victory in electoral history. My experience of politicians is that they do not much like choosing election dates anyway. The Fixed-term Parliaments Act, for all its defects, seems to be basically right, so if we keep that, we will keep five-year Parliaments and one review for each 10-year stretch.
That would also avoid unnecessary disruption. Every time constituencies change, as ex-Members of the Commons have told us so eloquently this afternoon, there is considerable disruption. There is a tremendous problem that may do for these plans in the end. It is perfectly true, and if Ministers were honest they would admit it, that on the whole this change is probably slightly biased in favour of the Conservative Party. But that is one thing. It is another thing when the Back-Benchers are going to see the Chief Whip every week and saying, “We can’t have an election, look at what’s been done to my constituency. We only held it last time because I had so many supporters in Borrowstown and now they’ve been moved off to that fat, useless Tory Member for Bugglestown.” That is why they did not do this last time. It was not a matter of principle or because they saw that they were wrong, or even because of what the Lib Dems might have done about it. It was because it was rightly causing bedlam on the Conservative Back Benches.
This may seem to those who advise the Prime Minister like a bumper wheeze for getting a few extra Conservative seats. I promise that, before the next election, they will be eating their words and the Prime Minister will be saying, “Who the hell got me into this? Haven’t we got anything better to do than deal with Back-Benchers who feel that they’re going to lose their seats and it’s our fault?” There is no worse accusation to be made against a Government than that they are knifing their own party in the back.
Lord Lennie (Lab)
My Lords, I have enjoyed the speeches so far in this debate. I come here as a former chair of the political parties parliamentary panel of the Electoral Commission. We had something to do with elections and it is our fault that MPs had those reviews and the consequences of them. It seemed to me that the most important thing to the MPs whom I and other parties dealt with at the same time were the lines on the map: “Where will my majority be most or least affected?” So the co-operation between parties was immense in many respects in drawing up the constituencies, because it was a question of trading these voters for those voters and so on, to protect each other’s majorities and therefore the relationship.
Baroness Scott of Bybrook (Con)
My Lords, the amendments in this group seek to change the timing of boundary reviews and the submission of the final report by the Boundary Commissions. Under the lead amendment, a review would be undertaken every 10 years, rather than the eight proposed in the Bill.
The noble Lord, Lord Foulkes, and others, including the noble Lord, Lord Tyler, seemed to be straying, if I may say so in the nicest possible way, from these amendments, which are very narrow and clear. I am sure that my noble friend the Minister will be answering many of the questions in debates later this afternoon.
The clause as it stands sets 1 October 2031 and then by 1 October every eight years after that as the date by which the Boundary Commissions must submit their final reports. In effect, a boundary review would take place every eight years. This is itself a change from the current law of a review taking place every five years. The Government’s intent is to ensure that parliamentary constituencies are updated on a regular basis, but without the disruption to local communities and their representations that might occur with the current five-yearly reviews. That is accepted, I think, by most noble Lords who have spoken this afternoon.
The Government consider that the eight-year cycle strikes the right balance between ensuring that our constituencies are based on a contemporary database and avoiding the disruption of constant reviews. Prior to the Bill’s introduction we engaged with all the parliamentary parties and with the electoral administrator representatives, and an eight-year cycle was the one that was supported.
With reviews held only once a decade, there would be the risk, as there is now, that constituency boundaries would become out of date and unequal between the boundary reviews. This was the case prior to 2011, when general reviews took place every eight to 12 years and when a system of interim reviews was used to consider whether particular constituencies should be updated between the general boundary reviews to take account of local government changes and shifts in population in particular areas.
We believe that those interim reviews should not happen, if possible, as they are disruptive. They were at the discretion of the Boundary Commissions and they made it difficult for MPs to develop stable and effective constituency relationships with communities, as the noble Lord, Lord Liddle, said. The balance of the eight years is to try to avoid having interim reviews, which could have to happen if we agreed to the amendment and the period was extended to 10 years.
The noble Lords, Lord Foulkes and Lord Lennie, were particularly interested in making sure that the boundary review cycle was aligned as far as possible to other elections. That is difficult to do, particularly with the devolved Administrations and elections happening across the UK at different times, both for national legislatures and for local government. It is impossible to align in an optimal way with a particular electoral cycle—we would have to go back to square one.
As I said, in the development of the Bill we engaged with stakeholders on the boundary review cycle. There was strong support for the eight-year cycle. The Government believe that having the reviews every eight years strikes the right balance in allowing us to have parliamentary constituencies that are regularly updated without the disruption of boundaries changing at every election. I therefore urge the noble Lord to withdraw his amendment.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, I think that everyone who has spoken, apart from the Minister, supports the amendment. There seems to be widespread support for it in the Grand Committee, including from the noble Lords, Lord Blunkett and Lord Tyler, who have been Members of Parliament and have experienced this at first hand, as well as from the noble Lord, Lord Lipsey, who has a great deal of experience in government, and the noble Lord, Lord Lennie, who has experience of the Electoral Commission. That is widespread support.
The noble Baroness, Lady Scott, without in any way rebuking us, understandably said that we had strayed more widely than the amendment. That is because these matters relate to the amendment. The whole question of identification with a constituency relates to the period of time during which Members are able to serve.
I say to my friend the noble Lord, Lord Lipsey, that we do not disagree as much as he thinks. I understand that there is an increasingly strong case for electoral reform of some kind. He is right about that. In Scotland, we have an interesting system, which is so strange that I managed to get elected through the list, much to my surprise. However, the majority of Members of the Scottish Parliament are constituency Members and have that link with the constituency. There are also top-up Members, who are elected on a proportional basis, to ensure some degree of proportionality.
That system was agreed between the Labour Party and the Liberal Democrats when we formed the Scottish Parliament. Until the people in Scotland started voting on the basis of identity rather than on politics, it was a very workable system. We had some effective coalitions between the Labour Party and the Liberal Democrats and the system worked extremely well. Now people are voting for an entirely reason, but I will not go into that in detail, otherwise the noble Baroness, Lady Scott, will certainly rebuke me for straying even further from the amendment.
With respect, I did not hear any argument about why the period should be eight years rather than 10. The only two arguments were that the balance is better—I am not sure why. We are not suggesting 12 or 15 years, because if we went too far that might create problems. The other argument was that the period had been discussed with various people who thought that it was a good idea. The various people with whom it was discussed represent the establishment. I do not mean the party establishment; I mean the establishment in this whole area, which tends to think on tram rails rather than more outwardly and imaginatively. The reason why we are here in Parliament is to consider these representations and to decide whether to accept them. I would say that we do not accept them. The argument in favour of 10 years is very strong.
However, I read in the Lord Chairman’s brief that
“Lord Foulkes is expected to withdraw the amendment”.
Lord Foulkes is willing to do as expected and I beg leave to withdraw the amendment.
The Deputy Chairman of Committees (Lord Lexden) (Con)
My Lords, we now come to the group beginning with Amendment 6. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. I should inform the Committee that if Amendment 6 is agreed to, I cannot call Amendment 7.
Clause 2: Orders in Council giving effect to reports
Amendment 6
Lord Cormack
Lord Cormack (Con)
My Lords, I am delighted to be surrounded by so many colleagues this afternoon, but this is not Parliament or the Grand Committee as I know, love and understand it. The sooner that we can get back to a normal parliamentary system, the better.
I pay tribute to the ingenuity of those who have created this extraordinary series of booths—a cross between a call centre in Calcutta and a language laboratory somewhere else. We have what we have, but we should not be here at all; we should be in the Chamber, as others have said in speaking to previous amendments. Nothing is more constitutional than the constitution of the elected House of Commons. It is a pity that we have had to depart from what is a tradition in your Lordships’ House and to move a constitutional Bill into this extraordinary room. But, as I say, it is very good to see so many colleagues here. Let us hope that there will be more and more as the weeks go by.
My amendment is here slightly by accident. I took part in the debate on Second Reading and made it quite plain that I am one of those who do not like to see Parliament excluded from ultimate decision-making—a subject that was touched on in the first group of amendments. During the debate, my noble friend Lord Young of Cookham, who is sitting by me here on the other side of the glass, raised the important point of curbing the power of the Executive. He realised that the Executive could hold things up for an inordinate period if they so chose.
I was taken by that point and put down my amendment. There was no consultation between us because, at the time, my noble friend Lord Young was speaking virtually and I was in the Chamber, so we both put down amendments. I will not make a long speech, because I recognise that he was the trailblazer and I want him to have plenty of time—although he has promised me that he will not detain your Lordships for more than an hour and a half.
Lord Young of Cookham (Con)
My Lords, I am grateful to my noble friend for that build-up. I will speak to Amendment 7 in my name and those of my noble friends Lord Blencathra and Lord Randall and the noble Lord, Lord Campbell of Pittenweem. Like the amendment moved by my noble friend Lord Cormack, it puts a time limit on the interval between the submission of the reports by the Boundary Commissions and the order being laid before Parliament. My noble friend has outbid me by shortening my proposed interval of three months to six weeks, but otherwise the objective is the same; six weeks might be too tight. Amendment 9 is a consequential one, applying the same time limit to Clause 3, which deals with the statement of modifications.
The objective of the amendment is to deliver the Minister’s commitment in his Second Reading speech that,
“the recommendations of the Boundary Commissions, developed through the meticulous and consultative process I have described, should be implemented without political influence or interference”.
In the next paragraph of his speech, my noble friend reinforced the point by saying that,
“the purpose of this measure is straightforward: to bring certainty and confidence to the citizen and the elector that updated constituencies will be implemented without interference and further delay.”—[Official Report, 27/7/20; col. 38.]
My noble friend’s point about delay is apt, as we have seen two years pass after the Government got the last recommendations in 2018 and there is still no Order in Council. Any future Government could do the same.
I know that many noble Lords want Parliament to have the final say, and we have had that debate. Crucially, my amendment is neutral on that issue. Indeed, the amendment is essential to those who want Parliament to have the final say because, unless the Government lay the order, there can be no debate or vote in Parliament. So those hostile to automaticity should support this bridge-building amendment. I should say at this stage that I am grateful to the Minister and his officials for two virtual meetings, one in July and one at the end of last week. They were courtesy itself in explaining the practical problems with time limits, but I have not so far been persuaded: hence the amendment.
I will not repeat what I said at Second Reading, when I gave two examples of political interference in the implementation of Boundary Commission recommendations, one in 1969—to which my noble friend the Minister has just referred—and the other following the report in 2018. In a nutshell, without a time limit, the objective of the Bill could be neutralised. I will come later to the argument about “as soon as practicable” being liable to challenge in the courts if the Government delayed.
After Second Reading, I contacted the Electoral Commission, whose remit includes promoting public confidence in the democratic process and ensuring its integrity. I enclosed a copy of my Second Reading speech and asked for its views. This was the response:
“The Commission has not made any comments in regards to this legislation, as it doesn’t directly relate to the administration of elections or the regulation of political finance. However, we can see how greater clarity about the timescales for implementing any recommendations from the Boundary Committees would probably be helpful for Electoral Registration Officers, Returning Officers and campaigners ahead of any election that will use the new boundaries, so that they can confirm their plans in good time.”
I think it is fair to say from that that the Electoral Commission supports the principle of the amendment. I have permission to quote the email.
I also contacted the Boundary Commission, drawing attention to my amendment and asking what the length of time had been between receipt of reports by the Government and the laying of Orders in Council. I emailed them at 18:52 on 30 July. At 21:17 the same day, the acting secretary to the Commission, Tony Bellringer, replied. I mention him by name because of the promptness and detail of his reply, long past any reasonable working hours. I hope that the Committee will bear with me if I quote from his reply:
“The last General Review to be implemented … was the Fifth General Review which reported to Government on 31 October 2006. The Order to implement the recommendations that it contained was subsequently made on 13 June 2007. The report of the Fourth General Review was dated 12 April 1995 and the subsequent Order to implement was made on 28 June 1995. The report of the Third General Review was dated 1 February 1983 and the subsequent Order to implement its recommendations was made on 16 March 1983. As you will probably be aware, these Orders are actually laid in draft and subject to debate in both Houses, under the draft affirmative procedure, so the date of laying the draft of the orders will have been some time in advance of the “Made” date. (In other words, the gap is even shorter than the dates I have just given.) Unfortunately we do not have records of when the Government actually laid the draft Orders in each case. Either the Government itself or the Parliamentary authorities may possibly retain the records.”
So I went to the Library and am most grateful to Edward Scott for the following information about the gap between report and the order being laid, rather than made, as this is the time necessary to check the recommendations. The first periodic review for England was submitted on 10 November 1954, and the order was laid eight days later, on 18 November. The second periodic review was in 1969, when the unhappy sequence of events already referred to took place, so it is not representative. The third periodic review for England was submitted on 1 February 1983 and the order laid on 14 February, 13 days later. The fourth review for England was submitted on 12 April 1995 and the order laid 55 days later on 20 June. The fifth review took longer. It was submitted on 31 October 2006 and laid 118 days later—just outside my three months. The one for Scotland was submitted on 30 November 2004—perhaps that was what the noble Lord, Lord Foulkes referred to—and the order was laid 14 days later on 14 December. It is not clear why the fifth report took longer, because the legislation was the same.
So it is not at all clear why an open-ended commitment is necessary. It is worth noting that all the other processes in the Bill have time limits attached to them. The Boundary Commission, local authorities, political parties and individual electors all have time constraints on their involvement, some tighter than at the moment. The only party not subject to time constraints are the Government. My noble friend Lord Hayward, psephologist in residence, may develop this point.
I will now deal with my noble friend the Minister’s response at Second Reading. In his wind-up speech, he chose his words carefully in responding to my suggestion. Noble Lords will have their own unhappy experiences of their amendments being unacceptable to Ministers. What my noble friend said was the mildest possible put-down:
“We are not minded to go in that direction.”
I put that in the same category as that well-known ministerial response: “We have no current plans”, often a precursor to a change in policy.
My noble friend had two arguments. The first was that the current words were needed
“purely in order to maintain some flexibility for the necessary work in preparing the draft boundary order and the associated order that designates the returning officer for each newly drawn constituency. Time would be needed to allow for this preparatory work and setting hard time limits can cause practical difficulties down the line.”
The second argument was:
“Any Government who sought to drag their heels over the submission of a draft Order in Council would be at risk of legal challenge. With something as high profile as a boundary review, it seems likely that the move to challenge would be swift.”.—[Official Report, 27/7/20; col. 94.]
So far as the first argument is concerned, I will quote from an article published by the LSE on 1 May 2019 by Ron Johnston, professor in the School of Geographical Sciences at the University of Bristol; Charles Pattie, professor of politics at the University of Sheffield; and David Rossiter, an independent researcher. This is an extract.
“The Minister was then asked about progress on the preparation and tabling of Orders in Council to implement the Boundary Commissions’ recommendations.”
They quote the Minister’s reply—not this Minister, but a Minister in the other place—that
“once the orders are prepared, they are ready to go before the House. It is a complex motion, given that it covers every street and house in the United Kingdom, in terms of ensuring that they are appropriately represented in this place. It will be submitted in due course.”
Of course it was not, but this is what the academics say about this alibi:
“This is an odd statement … The Parliamentary Constituencies Order (England) 2007 is a lengthy document but all but two pages comprise a schedule listing the new constituencies and their component wards. That list was in the Commission’s report and could have been compiled and checked relatively quickly. The same is the case with the Commissions’ reports delivered in 2018; it is difficult to understand why Orders implementing the four sets of recommendations could not have been prepared and tabled within weeks of delivery.”
My amendment allows three months.
I have the relevant two pages of the Parliamentary Constituencies (England) Order 2007. It is 27 lines: Citation and commencement; Parliamentary constituencies in England—which refers to the Schedule from the Boundary Commission; Electoral registers; and Revocation. There would be no difficulty in drafting that in a day. As for checking the work of the Boundary Commission for England, its work and decisions would have been trawled over by the political parties—all only too anxious to spot inaccuracies—during the process set out in the Bill. Again, my noble friend Lord Hayward might amplify this point.
I will make one related point: it is not the case that when the report lands on the Government’s desk its contents are a total surprise. The vast majority of the recommendations will have been put to bed months before, with only a few cases going to the final stage. There is ample time for the department to scrutinise the bulk of the work if it wanted to before getting the report.
As to my noble friend’s second point about legal challenge, I make two brief points. First, in the two years since the last recommendations were submitted, there has been no legal challenge, despite it being manifestly obvious that there has been ample time to lay the orders. Why was progress not made? It was because the Government did not want progress to be made. That is exactly the sort of interference that the Minister has made clear it is the object of the Bill to prevent. Secondly, if that is the long-stop, it does confidence in our democratic system no credit if the Government have to be dragged through the court to deliver the orders, with legal arguments as to whether or not it was reasonable and practicable so to do. It is far better to have the clarity of a time limit in primary legislation as with the rest of the Bill. Finally, I ask my noble friend to think again about this between now and Report and see whether there is the possibility of some movement in the Government’s position at Second Reading.
Lord Campbell of Pittenweem (LD)
My Lords, I am tempted to say: “Follow that!” The noble Lord has given us something that is not just elegant and eloquent but very firmly researched. To avoid the risk of being accused of being repetitive or even repetitious, I propose to adopt the contribution not only of the noble Lord, Lord Young, but that of the noble Lord, Lord Cormack, both of which point very firmly in favour of this amendment.
I took some time—but not as much as the noble Lord, Lord Young—to look at the dictionary and examine what the word “practicable” is said to mean. There are a series of alternatives: realistic, feasible, possible. The point about them, however, and the point about practicable, is that these are all subjective. The consequence, as was hinted at just a moment ago by the noble Lord, Lord Young, is that there is a discretion which is virtually unfettered. The potential problem for Governments, of course, would be that a failure would be subject to the possibility of judicial review. Very few Governments would want to be put to the embarrassment of being taken to the High Court to explain their failure to do something which, as the noble Lord, Lord Young, has just pointed out, is routinely a matter of administration.
The point is this: the amendment does not destroy that discretion but limits it so that Governments cannot use it for their own interests. We have had several examples of that, both at Second Reading and again today. It cannot possibly be wrong to allow the Government discretion but to ensure that they do not abuse it.
Lord Randall of Uxbridge (Con) [V]
My Lords, I am speaking to Amendments 7 and 9, to which I have added my name, along with those of three of the most noble of colleagues from the other place, for whom I have the deepest respect. What has already been said, particularly by my noble friend Lord Young of Cookham, says it all.
My noble friend Lord Cormack spoke about the Executive and I think he is right to have a cynical view of Executives of all political colours. As was said in a previous debate, the governing party should always remember that the electoral cycle will go round and it will be on the receiving end of some of these measures and they may not seem like such a good idea. I cannot see a good reason for not accepting these amendments, to be perfectly honest, as my noble friend Lord Young has eloquently expressed. It would be very wise for the Government to have a little think about this and insert a time limit. It might not be 12 weeks—although 12 weeks seems like an excellent idea—but, to make sure that they do not look like they have given in, they could make it 13 weeks, and then it would be a government victory. That is the way I see these things evolve.
Lord Blencathra (Con)
My Lords, it is a delight to follow my noble friend Lord Randall, who was a superb Deputy Chief Whip when I had the privilege to be Chief Whip of the Conservative Party. We are both supporting the excellent arguments made by my noble friend Lord Young of Cookham, who, among his many jobs, was Chief Whip of the Conservative Party at least once. I say to the Minister that if he has three colleagues who have served at senior rank in the Conservative Whips’ Office, our point of view, as we are unanimous in this, should not be dismissed too lightly.
Since I am speaking from the cheap seats at the far end of the call centre, let me make the cheap political point first. The Conservative Party, of which I am a proud member, has absolutely clean hands on Boundary Commission reports. I want to keep it that way and I want the perception to be that way. The only parties that have mucked around with those reports were Labour, when Jim Callaghan ditched the boundary commission proposals in 1969, and the disgraceful ploy by the Lib Dems to kick into touch the 2011 review. They are responsible for our boundaries being eight years out of date. Those are the political points. The Conservative Party has never done that and I do not want it ever to do that and I do not want there to be the slightest ability for it to be perceived to be able to do that.
That is why it is terribly important that, in a Bill that has got everything else right—reducing the number of seats and cutting out the possibility of Parliament interfering and kicking Boundary Commission reviews into touch—we have an amendment that says it must be delivered within three months. I do not need to go through any of the excellent details that my noble friend Lord Young of Cookham delivered—in any case, I do not have that ability—but a couple of other points struck me as crucial. One is that everyone else in this process has to perform within strict time limits, but not the Government. The Government should also be held to a strict time limit, and three months is right. Six weeks is too little.
This has nothing to do with the Delegated Powers Committee, which I have the privilege to chair. We did not comment on this Bill because there was nothing relevant to us, but time after time in the Delegated Powers Committee we see skeleton Bills coming along with all the details to be filled in later by complicated regulations. Yesterday, I participated in the Chamber on the immigration Bill. The opposition spokesman criticised the Government, understandably, for bringing in a regulation which would run to dozens of pages on highly complex new Immigration Rules, which would be made under the “made affirmative” procedure and take effect immediately.
If it is possible for the Government in that instance—they are doing it on dozens of occasions—to invent, almost overnight, highly complex regulations, it is a piece of cake for them to pass a simple regulation that, as my noble friend pointed out, on the last occasion consisted of no more than 27 lines. It would be simple for them to produce an Order in Council implementing someone else’s report. The Government have no work to do: it has already been done by the Electoral Commission. All they have to do is make a simple order in Parliament and bring it into force within three months.
My noble friends Lord Randall and Lord Young of Cookham have made impeccable arguments for implementing the Boundary Commission reports within that three-month timescale. I conclude by repeating my opening remarks: the Conservative Party has had an impeccable record on this and the Bill is excellent in every detail, except for this one lacuna. I say to my noble friend the Minister: let us plug that lacuna and remove any possible suspicion that a Conservative Government could muck around with Boundary Commission reports and delay them.
Lord McNicol of West Kilbride (Lab)
The word of the day seems to be “automaticity”. The noble Lord, Lord True, wants to remove any political interference or influencing from future boundary reviews. But as the noble Lord, Lord Young, eloquently said, this is the one area where any future Government could use political influence or interference, with the Executive slowing down the implementation of such future boundary reviews. You cannot pick and choose your automaticity. If it is good enough to remove Parliament from the ability to debate, question and vote on the boundary review, it is good enough to remove any possibility of the Executive delaying the implementation of a boundary review, especially if they do not like it. I offer another word of advice to the Minister. I seriously suggest that, apart from adopting this amendment, the Government should look at getting the noble Lord, Lord Young of Cookham, back on to the Front Benches.
Lord Hayward (Con)
My Lords, I congratulate the noble Lords, Lord Cormack and Lord Young, on the exemplary way in which they have introduced their amendments. The noble Lord, Lord Young, suggested that I might follow on from some of his detail. I do not want to bore the Grand Committee with excessive detail, but I will make one or two further observations on the process.
Until 1986, there was no timetable for any part of the process of boundary reviews. The 1986 Act introduced one change: to identify the point at which each review should start. Later legislation introduced timetables for each stage with one notable exception, as the noble Lord, Lord Blencathra has just said, which is the concluding stage. If we have moved to a position where we should identify the timing for each stage in the process, it would be sensible to do so for the conclusion as well.
As I have said, there is just one stage that has no timetable, but it is worth looking at the justification for “as soon as reasonable”. As the noble Lord, Lord Young, has said, it is just 27 lines with vast quantities of pages thereafter. The argument made to me on previous occasions was, “Well, the maps have to be prepared; we have to ensure that we have got the wards right and all the rest”. As already identified in an earlier debate, however, all the political parties spend their time throughout the process trawling around the edges of every single ward—and nowadays even the polling districts—with a view to ensuring that the right arguments are put forward and the right boundaries are set.
There is absolutely no reason why much of the work cannot be done in advance. The noble Lord, Lord Young, has identified many of the timescales, but it is worth while looking within the process of each review. When a review is brought forward, the initial recommendations are tabled by the boundary commissioners. Some 50% of those are changed, meaning that 50% are not. Some of the changes are agreed across the political parties. In the last abortive review, all three parties put forward exactly the same proposal for Bournemouth, Christchurch and Poole. This means that officials can start working if there is excessive work, which I am not convinced that there is, since the councils have much of the detail anyway. Given the way the review process works much of the preparatory work on maps, street identification and the like can be done well in advance.
From 50% of the initial recommendations being changed, depending on which review you look at you might get down to changes of perhaps 8%. There was one review where the final stage resulted only in the change of the name of Yvette Cooper’s constituency. There was an argument about whether two locations or three should be identified within the constituency name, rather like that of the noble Lord, Lord Foulkes.
There is an enormous opportunity, in this day and age, for a large amount of preparation. Most of the data is already computerised. It is readily available: you can go on the web and look for the ward map or constituency map. I could do it for any constituency in the country within 30 seconds. It was suggested that it needs a long time. The noble Lord, Lord Young, identified the timescales. I must admit that when he showed them to me, I cynically observed that they seemed to be getting longer, despite the advances in technology associated with the process.
Lord Morris of Aberavon (Lab)
I have little to add. We have had a very interesting debate. I was particularly impressed by what the research of the noble Lord, Lord Young of Cookham, revealed and the huge effort to establish what had happened in the past. It is important to ensure fairness and ensure that it is seen. We are talking of the needs of constituents and not primarily of MPs; I say that as somebody who served for 41 years to represent my constituency, which was torn apart after 23 years with numbers made up by pinching them from a neighbouring constituency. There is a fundamental problem: the association of constituents with a Member of Parliament. They want to know who it is; they want some degree of stability. That is why the constituent is vital. There is very little else I can add. I shall not take up the time of the Committee.
Lord Tyler (LD) [V]
My Lords, I very much agree with what the noble and learned Lord, Lord Morris, has just said. It is remarkable that the majority of those participating in this debate are former MPs with extensive and distinguished constituency representation behind them. That comes through in the way in which they have approached this issue.
Even more significant, perhaps, is the experience of the former Ministers. If they are sceptical about what exactly will happen behind the scenes if there is the sort of delay that could happen and has happened in the past, we should take that very seriously. As my noble friend Lord Campbell of Pittenweem said, “reasonably practicable” is a subjective judgment and could therefore be challenged at judicial review. The fact that these former Ministers are sceptical, perhaps even slightly cynical, about what could happen behind the scenes is extremely significant.
The noble Lord, Lord Young of Cookham, whom I have known for a number of years, has had extraordinary ministerial experience; he must be one of the longest-serving Ministers in the whole of our Parliament. I venture to suggest that he probably has had more experience at close hand of ministerial or even Civil Service foot-dragging than anybody who was giving him advice in the meeting to which he referred. I therefore take far more seriously what he says about the potential dangers of unlimited delay than those who sought to persuade him against his proposed amendment.
When the noble Lord spoke at Second Reading, I thought that there was a general mood on all sides of the House, not least because of that experience, that he was on to something extremely important and that this provision was one of the few serious weaknesses in terms of potential ministerial and partisan interference. I therefore take what he says today very seriously indeed.
There is only one way in which I perhaps take a slightly different view. Despite the fact that the Minister at Second Reading was reading his brief religiously—and loyally to those who brief him in the Cabinet Office—I thought that his body language was rather more sympathetic to the points being made by the noble Lord, Lord Young, and the rest of us. Therefore, I am more hopeful and optimistic that the Government’s eventual conclusion will be that they cannot possibly combine automaticity with sticking to this bit of no automaticity in terms of the speed with which Ministers have to bring the order to the House.
I also believe that there is a strong argument, which the noble Lord, Lord Young, enunciated and has been repeated elsewhere, about what exactly would happen if there is a long delay. What exactly would people do in whatever department would think about these matters? What would they be up to? After all, if the Bill goes through in its current form, all they would be looking at are the firm, strong recommendations of the four Boundary Commissions. How could they spend months on that? Incidentally, that is my only concern about the difference between the six weeks recommended by the noble Lord, Lord Cormack, and the 12 or so weeks recommended by the noble Lord, Lord Young, and others. I am not sure what Ministers might do in those second six weeks. There may be a strong argument for sticking firmly to the shorter period if, as has been suggested by people with a great deal more experience than me, there really is not that much to do.
I strongly recommend the well-briefed academic evidence given by the late Professor Ron Johnston—we are still missing him from this debate and these discussions—and his fellow academics. He pointed out just how simple in practice the process becomes at that stage; that was endorsed by the noble Lord, Lord Hayward, with his expertise and experience.
There is a simple solution to the problem of potential mistakes in the modification arrangements. Again, I take very seriously the experience of the noble Lord, Lord Blencathra, from the DPRR, on which I used to serve under his excellent chairmanship. Again, we are looking at an area where the Executive cannot be expected to take a long period to consider recommendations from the Boundary Commissions that will be so firm, detailed and complete.
There is an open-and-shut case for a firm limit on the period during which a delay could be permitted at the hands of bureaucrats or Ministers. In the words that have already echoed around the Grand Committee today, automaticity must lead to one or other of these sets of amendments. I hope that the Government will accept them.
Baroness Hayter of Kentish Town (Lab) [V]
My Lords, as I made clear in the debate on the first group of amendments, we do not support the automaticity of Boundary Commission recommendations becoming law with no parliamentary intervention. In an ideal world, Clause 2 would not be in the Bill. Nevertheless, we share in the sentiments expressed by the noble Lord, Lord Cormack, and other speakers, and the worry that some decision is still left with the Executive while none is with Parliament. If this clause is to be in the Bill, clearly, these amendments are very welcome.
This is important not simply for parliamentarians but for Boundary Commissioners. In knowing that they rather than Parliament are making law, it will be important for them to be confident as they assume this new responsibility that the Government will not play games with any delay—should, for example, an early election be on the cards, given that we hear that the Fixed-term Parliaments Act is to be removed, thus leaving the calling of an election back in the hands of the Prime Minister. Incidentally, my noble friend Lord McNicol is, like me, not a former MP, but along with others, we have been involved from a party position. As he said, if we can remove Parliament’s ability to discuss, we should remove the Executive’s ability to delay.
The noble Lord, Lord Cormack, said that we need to curb the ultimate power of the Executive. Hear, hear to that. Six weeks sounds better to me. If it is going to be automatic, then automatic it should be. Furthermore, if the noble Lord, Lord Young of Cookham, says that it is doable within a time limit, my judgment is that it is doable within a time limit. He knows whereof he speaks, along with the noble Lord, Lord Hayward, my noble friend Lord McNicol, and other former Chief and Deputy Chief Whips.
I confess that my eyebrows rose just a little at the protestations of the noble Lord, Lord Blencathra, as to the pristine, impeccable holiness of the Conservative Party. Maybe he needs reminding about Dame Shirley Porter and Westminster. I will go no further, but I think he overegged that particular pudding. If we are to have automaticity, clearly this delay must not be in the hands of the Government.
Lord True (Con)
My Lords, I am troubled that my body language should be coming under examination, particularly since most of my family are saying that I am getting so grotesquely fat, it should never be examined in any circumstances. Perhaps that is an argument to reinforce the case that a number of noble Lords have put and with which I personally profoundly agree: there is great merit in our proceedings being in the Chamber, where body language can be examined, as it cannot with these glass screens.
For accuracy, I should say that there have been a number of strictures about this discussion taking place in Grand Committee. All your Lordships will understand the exigencies of the present situation. We are all chafing against the limitations placed on us, but the reference to Grand Committee was agreed in the usual channels and supported by the other political parties. The conduct of our business by the usual channels is traditional. It is not reasonable, in the circumstances, to impugn the Government, or indeed the House authorities, on that point. I add to what others have said about the great work that has been done in putting this Room together.
This is a very important debate, body language or no. The amendments have been very skilfully spoken to by all noble Lords, from my noble friend Lord Cormack onwards. Noble Lords have largely said the same thing so it would be invidious to pick out anybody, but obviously the now poacher, my noble friend Lord Young of Cookham, made a very powerful case to the Committee.
A six-month figure has been suggested, as has three months. I regret to say that both those deadlines could bring problems to the closing stages of a boundary review. I will return briefly to that point, but I start by explaining why the Bill is as it is. It is drafted to give some flexibility, but it demands that the Secretary of State submits the boundary order:
“As soon as reasonably practicable”.
This terminology is widespread in legislation and in this case it allows for some small degree of flexibility in the scheduling and completion of the work needed to prepare and submit the boundary order and the associated orders. However, it is only a small degree because, as has been pointed out, any Government who unreasonably delayed a piece of work as high-profile as this would likely come in for swift legal challenge, so there is not, in a sense, an untrammelled power, as my noble friend Lord Cormack contended. None the less, many parliamentarians would agree that leaving resource to the courts is not always the best or most agreeable way of conducting our proceedings. I will return to this point later.
The Deputy Chairman of Committees (Lord Lexden) (Con)
My Lords, I have received no requests to speak after the Minister, so I call the noble Lord, Lord Cormack.
Lord Cormack (Con)
My Lords, first, I thank all those who took part in this interesting debate. Rarely do I hear a debate that has as its hallmark such unanimity on the essential issue. There was a little disagreement on the exact time—that is, whether it should be my noble friend Lord Young’s three months or my six weeks. I have slightly firmed up on six weeks, but I have not made my mind up; it would be stupid so to do because although I could not see the Minister’s body language, I heard his language. I thank him very much for what he said. I know that, in saying that, I speak for my noble friend Lord Young, to whom I am very grateful. He told me that he had done a bit a work on this subject and that he must have the opportunity to reveal it to colleagues. He did so brilliantly; I am grateful to him.
Further discussions should be held. We must seek to persuade the Government—the Minister is clearly persuadable—that thou need not block and thou should not stop. We need to make sure that the Government are properly constrained by a workable timetable that Parliament has devised.
With those words, I am delighted to withdraw the amendment. I hope that I do not have to return to this matter on Report. I hope that there will be on Report a government amendment to the Bill that meets what we have asked for today.
The Deputy Chairman of Committees (Lord Lexden) (Con)
My Lords, we now come to the group consisting of Amendment 10. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.
Amendment 10
“Impact on constituency boundaries: reduction of voting age
Within the period of 12 months beginning on the day on which this Act is passed, the Boundary Commission must review the impact on constituency boundaries of extending the entitlement to vote at a parliamentary election to those aged 16 or 17 years.”
Baroness Hayter of Kentish Town (Lab) [V]
My Lords, a key part of the last boundaries Act—parts of which this Bill seeks to amend—was to make the numerical size of constituencies more equal. It was based on an exact number of electors rather than, for example, residents, where the old method allowed some flexibility. As we heard from my noble friends Lord Grocott, Lord Foulkes and Lord Blunkett, it is potentially residents who cannot be in surgeries rather than those on the electoral roll. The focus in the current boundaries Act takes the numerical equality, if you like, of voters as central to the new constituency boundaries.
Even if one agrees with that focus on numbers—and I have my doubts about this overarching focus on it—it could be undermined either by population moves or, in the instance of this amendment, by an extension of the franchise to 16 and 17 year-olds. That is a policy change which we would obviously like to see but, should it happen, it is possible that it could undermine the concentration on arithmetic equality, given the unequal distribution of age groups across the country. As we know, we have certain constituencies with an older age profile, which would therefore be overrepresented if there was a switch in the franchise.
I recognise that we have yet to persuade the Government to alter the franchise, but it would be useful to see the impact of any such change on constituency boundaries. This simple and short amendment simply asks the Boundary Commission to look at extending the franchise to 16 and 17 year-olds and at what impact, if any, it would have on the distribution of seats. I beg to move.
Lord Tyler (LD) [V]
My Lords, I am delighted to support the noble Baroness, Lady Hayter, on this amendment. I am one of its signatories and it is a cross-party amendment. We have to start to think in firm terms about providing for the eventual, inevitable extension of the vote for parliamentary elections to 16 and 17 year-olds throughout the United Kingdom. The Grand Committee should think in terms of what is likely to happen over the next few years by looking back at what has been happening in recent years on this issue.
I and my Liberal Democrat colleagues have long campaigned for this reform, convinced as we are that this age group have shown themselves to be quite mature, and responsible enough to undertake this civic duty. It would be only sensible, right and responsible for us to start to take into account this potential change because, of course, the general election is not likely to take place until 2024, for the reasons admirably advanced by the noble Lord, Lord Lipsey, in a previous debate. It would be sensible for us to take that into account now, together with the greater flexibility that will undoubtedly be required to improve what is said on that matter in the Bill.
We were delighted when our Ministers in the coalition Government persuaded the Conservatives to permit this group to vote in the Scottish referendum in 2014. We were even more delighted when that group took the issues of that campaign so seriously, registered and voted in substantial numbers and, as far as could be ascertained after the poll, demonstrated their maturity by the way they voted. It seems that they were rather more responsible on all counts than some much older cohorts.
When it came to the 2015 debates in your Lordships’ House on the arrangements for the EU referendum, Members on all sides were able to refer to this successful experiment. We were no longer advocating on the basis of theory, however principled; we had practical evidence to support our case. As with Scotland, the argument that the referendum could create huge change which would have vast consequences for many generations to come and which, unlike an election, might not be easily reversed was recognised as persuasive. Prime Minister Cameron appeared to accept that argument. Younger citizens could expect to have to live with those consequences for much longer than many here in your Lordships’ House.
To my embarrassment, or perhaps even horror, Hansard apparently records that I made no fewer than 28 contributions to those debates in support of the proposition. However, I have checked and some of them were very brief. But I found that I was a signatory to the successful amendment on 18 November 2015 which sought to extend the franchise to this group. It was passed by your Lordships’ House by 293 votes to 211, with 91 Liberal Democrat Peers and 155 Labour Peers in support.
Lord McNicol of West Kilbride (Lab)
My Lords, 16 and 17 year-olds already participate very actively in politics, whether as young members of the parties in the Grand Committee today or through involvement in single-issue campaigns. The noble Lord, Lord Tyler, touched on the Scottish referendum and how well the lowering of the voting age worked in 2014, with individuals registering, taking their responsibility seriously for such an important issue and delivering their vote, and on how they handled it afterwards.
Lowering the voting age will also encourage more politicians to listen to what young people have to say. Especially through Covid, when they have not been at schools, colleges or universities but have been at home, many have been through a very difficult period. They can also feel very ignored.
Young people’s lives would also be improved if they felt that they had the ability to influence the wider country and wider communities. Interestingly, no advocate for lowering the voting age argues that all young people will always vote intelligently—especially since not everyone can agree on what that means—but the same could also be said for those aged over 18. When one of the strongest arguments against lowering the age is that young people do not have a mature enough understanding of the world they live in or of politics, why are they held to a higher standard than everyone else who is allowed to vote?
As my noble friend Lady Hayter said, this amendment is very short. It is not even looking to change the position or the law. It asks the Boundary Commission to carry out a review of
“the impact on constituency boundaries of extending the entitlement to vote at a parliamentary election to those aged 16 or 17”.
It is not going the full way. It is basically a first step to look at what the impact of making those changes would be. I support the amendment.
Lord Rennard (LD)
My Lords, I speak today as someone who at the age of 16 was secretary of the Liverpool Wavertree Constituency Liberal Association, so I have always supported votes at 16. When it was possible to do so, I really enjoyed talking to school groups visiting Parliament. The case for this has always been reinforced by that experience. There have been very good questions from school pupils of all ages. The sixth-form groups in particular have often engaged in lively debates about many of the issues that we debate here in Parliament.
I understand that the first thing that someone wants to do on their 16th birthday is not to rush down to a polling station. However, if the franchise remains where it was 50 years ago, some of them may have to wait until their early 20s to be able to cast their first vote in a Westminster general election. This is very late to acquire the habit of voting and may partly account for why so many young people simply do not vote at all. In Scotland and Wales, 16 and 17 year-olds are now able to take part in many votes. It is time that we had a common franchise across the UK, in which everyone can vote at the first opportunity after their 16th birthday.
This amendment is very limited in its scope. It would be a small step forward and would show the need for constituency boundaries to be drawn up in future, including more of the next generation of voters.
Baroness Gale (Lab)
My Lords, I support this amendment for 16 and 17 year-olds to be entitled to vote at parliamentary elections. As has already been mentioned, they were given the vote in Scotland in 2014. In Wales, they will be able to vote in the Senedd general election in 2021 for the first time. This means that 16 and 17-year olds will, for the first time, have influence in choosing the Members who will represent them, giving them a voice in the decisions that will define their future.
These proposals were recommended by the independent Expert Panel on Assembly Electoral Reform, following a public consultation. The consultation showed that 59% of people responding agreed that the voting age should be lowered to 16. Allowing young people the right to vote at 16 is a powerful statement from the Senedd that their views are important and are valued. This will be accompanied by appropriate political and citizenship education and public awareness raising to ensure that young people are encouraged and supported to exercise their right to vote.
The argument about what 16 and 17 year-olds can and cannot do under the law is not of great relevance to the debate on whether they should be allowed to vote. We know that, for example, they can get married or enter a civil partnership with their parents’ permission, but these days very few do. They can join the Army with parental permission; that is a mature decision to serve one’s country. They can leave full-time education at 16, but most take advantage of higher education and stay on to get qualifications. That is, again, a mature decision. Other noble Lords have mentioned today how mature 16 and 17 year-olds are.
What is the difficulty with giving young people the right to vote in a general election, if there are any? Scotland has proved that young people can vote and make mature decisions. In Wales, they will certainly have the opportunity next year, and I am sure there will be many young people voting. I suggest to the Minister that, if he has any doubts about whether 16 and 17 year-olds are mature enough, he should consult the devolved nations and learn how it is done. I hope that the time will come, and this is the time to give young people in England the same democratic rights as those in Wales and Scotland, with regard to local elections. Unfortunately, although they will have some votes in Wales and Scotland, they will still not have the right to vote in a general election. I support the amendment and see it as a first step towards bringing young people into the voting system, and giving them a right to decide on their future. I hope that the Minister will be able to accept the amendment.
The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
I call the next speaker, the noble Lord, Lord Liddle. No? I call the next speaker, the noble Lord, Lord Wallace of Saltaire.
Lord Wallace of Saltaire (LD) [V]
My Lords, the case for extending voting to 16 year-olds is getting stronger year by year. We already have the problem that our generation—the elderly Members of the House of Lords and others who can vote only in local elections—now have a rather disproportionate impact on the way Governments operate and choose financial priorities, because the old vote in larger numbers. There is a case, therefore, for increasing the weight of the young, and a very strong case for combating the disillusion and disengagement from British politics that younger generations now have by encouraging them while still at school to see themselves as citizens taking part in the electoral process.
The issue we have is how far we think it possible or even likely that, within the next eight to 10 years, this may be carried into law. There may well be a change of Government at the 2024 election. If we have already reconstructed the boundaries, we need at least to have a look at what such a change would do.
I add in passing that, if we still have a Conservative Government, and if the Conservatives hold to their previous commitment to expand the allowance for overseas voters to vote beyond a 15-year period after they have left the UK, that would also distort the figures considerably. Do the Government have any plans to extend voting for overseas voters, or have they conducted on that issue yet another of Boris Johnson’s U-turns, having discovered that Britons who live abroad are often rather internationally minded and therefore are not certain to vote for this rather narrowly nationalist-minded Government?
The Government want to draw the net very tightly about the balance between voters in different constituencies. Here are two matters—the extension of the vote to 16 year-olds and, potentially, the extension of the allowance for voting to overseas voters—which could blow that balance out of the water. It makes a great deal of sense to at least assess what the impact would be as a result of that change. I hope that the Minister will either answer my question on whether the Government have any plans to extend overseas voting rights or at least write to me on that matter.
Baroness Scott of Bybrook (Con)
My Lords, I am very grateful to noble Lords who tabled this amendment. It has provided this afternoon an opportunity once again to discuss the pros and cons of allowing 16 and 17 year-olds to vote. The Government have consistently opposed that idea, and I am glad to set out the reasons why.
Less than a year ago, the Government were elected on a manifesto that committed to retaining the current franchise at 18 years old. We have therefore no plans to lower the voting age. The age of 18, not 16, is widely recognised as the age at which one becomes an adult. Full citizenship and individual rights, from buying alcohol to smoking to voting, should be gained only at adulthood.
The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
I have received no request to speak after the Minister. Therefore, I call the noble Baroness, Lady Hayter.
Baroness Hayter of Kentish Town [V]
I thank all noble Lords who have supported the amendment. I will simply make two points. First, as my noble friend Lady Gale said, Scottish and Welsh 16 and 17 year-olds have, or will have, the vote, but do not appear in the numbers on which their constituency boundary is drawn. That does not make sense. We just want it examined. Secondly, I give a gentle warning to the noble Baroness, Lady Scott, and, indeed, her Government. After the summer we have just had, with the disruption to the education and futures of 16 and 17 year-olds, her staunch refusal to consider or even discuss the issue, indeed, not even to allow the Boundary Commission to look at any impact, will not go down well with the exact voters who will be 18 at the next election. They will have heard her words today, but I do not think they will be impressed.
I personally regret her response—it feels short-sighted and over dismissive of the ask. It would not undermine the independence of the Boundary Commission. It would enable it to report on an important issue of franchise. For the moment, I beg leave to withdraw the amendment.
Lord Wallace of Saltaire [V]
My Lords, the Minister quoted the manifesto commitment not to lower the voting age. I have just checked the Conservative manifesto and it has the parallel commitment:
“We will make it easier for British expats to vote in Parliamentary elections, and get rid of the arbitrary 15-year limit on their voting rights.”
I want to press the Minister on whether the Government actually plan to implement that manifesto promise within the lifetime of the coming review. If they propose to carry this manifesto commitment through, they should at least allow for this, given that they do not actually know how many of the 5 million British expats might now register. It could blow the entire exercise well out of the water.
Baroness Scott of Bybrook
I thank the noble Lord. I am sorry if I did not answer his question. I did not believe it was in the scope of this amendment. I do not have the answer, but I will make sure that he has a written response.
The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
We now come to the group beginning with Amendment 11. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.
Amendment 11
Lord Lennie
“Impact on constituency boundaries: automatic registration
Within the period of 18 months beginning with the day on which this Act is passed, the Boundary Commission must review and report on the impact on constituency boundaries of the introduction of automatic voter registration, including for attainers.”
Lord Lennie (Lab)
My Lords, we were about to find out during the adjournment what my noble friend Lord Campbell-Savours will say about this amendment, but he quite rightly got cut short by the clerk. The amendment calls for the now rather beleaguered Boundary Commission to conduct another independent review of all the consequences of automatic registration, from improved numbers of electors, to absence of democratic participation and everything in between.
This issue has gone to and fro for some time between the major parties without any party being able to point to conclusive proof that theirs is the right position. I am particularly grateful to the Select Committee on the Electoral Registration and Administration Act 2013, which produced a report on this issue and in broad terms supported automatic registration. It said in its second key recommendation:
“The Government should pursue further modernisation of registers, including piloting automatic registration for attainers and introducing assisted registration to prompt eligible voters to register when accessing other public services.”
We are talking about up to 9 million people—more than 100 constituencies-worth of voters—who are currently unregistered. They are mainly in rented accommodation, from the BAME community, from poorer households, students or vulnerable community members—people whose votes matter and who should take issues to their constituency MP and have them looked at, but do not participate in democracy. When they are surveyed, they all say that they want to participate in the democratic process, register to vote and vote, but they do not take the action to do so. It seems that this is pushing at an open door.
I think that the Conservative Party generally feels that this conflicts with their policy of individual registration, which has been around for a few years now. I do not think that individual registration has increased democratic participation in our country. Therefore, something is missing in attracting people into democratic participation. It is our view that it should be reviewed and looked at. We should look at all the evidence. People should come to give their views. The Boundary Commission would not hold an opinion on this, but it would hold the review. At the end of the review, we can take a decision, one way or another, about whether automatic registration should apply or be piloted throughout the land. However, we would need to have the evidence before us to make up our minds on automatic registration. I beg to move.
Lord Shutt of Greetland (LD)
My Lords, I shall speak to Amendment 24, which is in the same territory as that which has just been moved by the noble Lord, Lord Lennie, but this is not tickling the Boundary Commission’s fancy; it would require government action. It is particularly influenced by my serving as chairman of the Select Committee on the Electoral Registration and Administration Act 2013, on which a dozen Peers served and toiled over several months to produce its report. As an interesting point, I looked up today that between us we had contested at least 47 parliamentary elections and I do not know how many local government elections.
The decision to introduce individual electoral registration in place of head-of-household registration was the major feature of the Act that we were looking at. This is not the time to have a fulsome debate on that report: that is for another day. The report was published on 8 July and the Government have got until today to respond; they have less than six hours. Bearing in mind what we have heard from the noble Lord, Lord Young of Cookham, there is a chance that we might get something at 9 o’clock tonight—is there not—depending on who is responsible for this. We look forward to that, and that debate on another occasion.
The concern of the Committee on the state of the accuracy and completeness of electoral registers was our number one item of our six key recommendations. The polling district and ward registers affect constituency electoral boundaries: they are the building blocks. Our recommendations include: piloting automatic registration for attainers—that is young people over 16; introducing assisted voter registration—we heard a little about that in the earlier amendment; greater use of data matching; civic engagement and public engagement, particularly in respect of young people and under-represented groups. The UK looks closely at international experience, where other countries have a far greater percentage of the population registered to vote. It was good to hear the noble Lord, Lord Hayward, speak earlier today commending overseas experience. We should not be frightened of it.
We were surprised to learn that the completeness of registers is no better under IER than under the old system. It cannot be right that only 85% of the eligible population is registered, while in Canada it is 96%. In Northern Ireland, where IER was introduced much earlier, back in 2002, completeness was reported to us as being only 74% in a 2018 survey. You would think that having had the experience of that for 16 years, we would be getting a more complete register there. It is evident that IER has not enhanced completeness.
The IER system has led to much event-led registration. On the cusp of an election we heard that 3.85 million people applied to register to vote between the MPs voting for an election on 29 October 2019 and the last date when it was possible to register, 26 November. Only half were subsequently added to the register, as half of them were already registered. Nevertheless, 2 million people were added to the register in that brief period. It cannot be right that our hard-working electoral officers—we met several of them—have to cope with all these registration events alongside the plethora of activity in organising an election and the increasing multitude of postal votes.
This late registration has meant that the registers immediately after the December 2019 election are perhaps as good as it gets under the old registration that we now have. It is in line with the committee’s view that the Government have agreed that it is the register of 2 March 2020 that is to be used for the electorate for the 2023 review. This amendment is to make certain that, as well as endeavouring to maximise the register so that everyone entitled is able to vote, henceforth the constituency boundaries will be based as near as possible to 100% of the eligible population rather than the 85% or so that it is at present.
Lord Campbell-Savours (Lab) [V]
My Lords, I have refrained from speaking on other amendments so as to concentrate my remarks on Amendment 24. I was a member of the ad hoc electoral registration Select Committee, brilliantly chaired by the noble Lord, Lord Shutt of Greetland. I express my gratitude to Professor Maria Sobolewska and Dr Stuart Wilks-Heeg, who were the brilliant advisers to our committee. Equally, it was a pleasure to work with members of that committee from different political persuasions without rancour. Our only real division was, and remains, over ID cards and their use in polling booths. As I keep repeating, their day will come but we kept that division under wraps.
Lord Grocott (Lab) [V]
My Lords, the Committee has heard three excellent speeches. I thank the noble Lords who tabled these amendments. I am acutely aware of the expertise of these speakers and the efforts they have put in over many years to try to deal with this fundamental weakness of our democratic structure. I cannot claim to have that level of expertise, but it is obvious to me that, however wonderful the Bill comes to be in its final form, it is still, to a worrying degree, a castle built on sand.
The basis of our representative democracy is, of course, the right of people to vote. It is assumed that everyone of an age is able to exercise that right. If, as has been amply demonstrated—there is no need for me to repeat it—it becomes more and more apparent that these figures are seriously inaccurate, and that the numbers on which we determine constituency boundaries do not reflect the number of people living in an area, it is a castle built on sand. It is a bit like an architect saying, “Here is a terrific design for your new house. I like everything about it. The bricks are really dodgy, but you can still go ahead.” The bricks are dodgy; that is the problem.
It is not just a question of numbers; it is also to do with the integrity of our democracy. We hear so many arguments about the size of electorates; for example, pointing out that some inner-city seat has only 50,000 electors, so “My word, it must be a bit of a cakewalk being an MP for that area, with only 50,000 electors.” Of course, it may be true that there are only 50,000 electors, but you can bet your boots, if it is a city-centre constituency, that there will be a lot more people than those 50,000 who live in the constituency and have the right—which they undoubtedly have—to come to you for help. I doubt whether any former MP speaking on this group of amendments, when faced with a long queue of people coming to see them at their surgery, checked before they agreed to help them whether they were on the electoral roll—I certainly never did. There may be MPs who are more effectively bureaucratic than I was who make sure they find that out even if it does not affect their performance, but one’s obligation is clearly to those people. To say that constituency A in an inner city with 50,000 is unfairly overrepresented compared with the rich suburb with 90,000 misses that fundamental point that the bricks out of which the building is constructed are flawed. There is no simple answer, but we have already heard from the previous three speakers that numerous practical things could be done to deal with this fundamental weakness of our democracy—I am not given to hyperbole, but, clearly, if electoral registration is not accurate, people are not able to vote who in our democracy ought to be able to.
I shall say no more and leave it to the experts, but I am so glad that this matter is being debated and with so many really informative contributions.
Lord Wills (Lab) [V]
I want to say a few words on Amendment 24, to which I have put my name in support of the noble Lord, Lord Shutt, on whose committee I had the pleasure to serve, but, first, I hope that your Lordships will accept my apologies for my inability to be present at Second Reading.
The Conservative Party manifesto commits the Government to
“making sure that every vote counts the same—a cornerstone of democracy.”
While there are several ways to interpret how exactly every vote counts the same, what I think informs the phrase is a proposition with which I hope everyone can agree, which is that the vote gives every citizen the ability to help choose their Government and to hold those in power to account. That is the cornerstone of democracy and political order. As we have heard, that is true only if every citizen who is eligible to vote is able to vote. They are able to vote only if they are registered to vote. The Government’s aim of equalisation can be achieved only if everyone eligible to vote is registered to vote.
However, as we have heard, there are millions of people who are eligible to vote but who are not on the electoral register and so cannot do so. In this country, as we heard from the noble Lord, Lord Shutt, the register is only 85% complete, which is not a figure with which the Government should be content. In Canada, as the noble Lord pointed out, the register is 96% complete. In normal times, this level of completeness in our electoral register would be a concern, but these are not normal times. Across the Atlantic, in the world’s most powerful country, which has always prided itself on its democracy, there is now unprecedented questioning of the process for electing the next President. Politicians and commentators across the political spectrum are questioning the integrity of that forthcoming election. At the heart of much of that questioning lie well-documented techniques of voter suppression: techniques for stopping voters registering and voting. Such techniques benefit one party, the Republicans, at the expense of the other, the Democrats. Some of those voter suppression techniques are identical to those to which this Government seem attracted, and they use the same justifications as those used by the Republicans in the United States.
I do not want to go into those now. But in these circumstances I hope that the Government would want to take every opportunity to reassure Parliament, and the country, that their motives in pursuing electoral reforms are noble and non-partisan. This simple, straightforward amendment seeks to help them in that endeavour: it gives them an opportunity to share with Parliament their proposals for improving the electoral register until it is as close to being 100% accurate and 100% complete as possible, and it would allow the elected representatives of the people, and your Lordships’ House, to assess the merits of these proposals. It is an amendment that embodies a commitment to democratic transparency and scrutiny, and as such I see no good reason why the Government should not support it. I very much hope that the Minister will now commit the Government to embedding it in the Bill.
Lord Janvrin (CB) [V]
My Lords, I, too, put my name down in support of Amendment 24, having been a member of the Select Committee on the Electoral Registration and Administration Act, which reported in July, and I pay tribute to the astute chairmanship of the noble Lord, Lord Shutt of Greetland.
The purpose of Amendment 24 is to oblige the Government to address the accuracy and completeness of electoral registers as a matter of urgency. The Minister, to give him his due, has expressed the Government’s commitment to the importance of this issue, most recently only last week in the debate on the representation of the people regulations. This amendment seeks to inject that sense of urgency and priority into doing something about improving the present situation—there are very good reasons for doing so, as other noble Lords have said.
In the context of this Bill it must be right to improve the data on which decisions on constituency boundaries are taken. The Government—as we constantly hear—value good data, and they are right to do so. Our present level of voter registration, as we also heard, is by many accounts not good by comparable international standards. Nine million missing voters suggest that improvement is long overdue. We could and should do better.
There are a number of possible measures that would address the issue, including, but not confined to, automatic registration, as mentioned in Amendment 11. The proposals for action are out there and are well known. The most important reason to inject a sense of urgency into addressing voter registration, however, is that it is one way—not the only way—of addressing the disenchantment and mistrust with politics in our society. It is about the integrity of our democratic process, and, as I said at Second Reading, it takes us into the wider political debate about regional disparities, race and inequality. That is what this amendment is about and why a sense of urgency is required. I hope that the Government will accept it.
Lord Rennard (LD)
My Lords, I am pleased that we are all paying tribute to my noble friend Lord Shutt of Greetland and the membership of his Select Committee, and their advisers, for their excellent review of the workings of the electoral administration legislation from 2013, and I shall stay awake until midnight waiting for the government response to their excellent report. In any event, I look forward to it being debated properly in the House.
The committee achieved cross-party consensus on the crucial issue of automatic voter registration. The principle of fair boundaries, with MPs representing roughly equal numbers of people entitled to vote, requires a complete electoral register, but we are far from achieving that.
Even if the principle of automatic voter registration is accepted and is implemented as far as possible, there will still be gaps and inaccuracies. However, introducing it would be a significant step towards increasing the capacity of people legally entitled to vote and to take part in elections or referendums.
It would also mean that constituency boundaries will be more likely to reflect actual populations and those legitimately entitled to vote. At present, only those people who are already included on electoral registers count for the purpose of drawing up boundaries. We know that those now on the registers are not representative of all those entitled to vote, especially young people, private sector tenants and, perhaps especially, people who rely on the widespread misconception that they are registered to vote automatically.
I am grateful to the Minister for agreeing last week that there is a legal obligation to comply with the registration process and for his undertaking to try to ensure that all registration forms make this clear, as many people do not understand the fact of these obligations. However, in a reference to automatic voter registration, he suggested that the problem was that no single dataset had been identified that could be properly used. It seems to me, however, that several different datasets could be used to contribute to the process of automatic voter registration.
Last week, the Minister highlighted the problems of checking nationality. Nationality is specifically included in passport information, so every time someone obtains a new passport, perhaps with a new address, they should be included on the relevant electoral register, without having to check whether they want to opt in to the right to vote. The right to vote is fundamental. Whether to exercise it is as matter for the individual, but they cannot do this unless they are registered.
Last week the Minister said that
“the sacrifices and battles that people made across the generations to secure the right to vote for every citizen mean that it is vital that it should be enjoyed.”—[Official Report, 3/9/20; col. 501.]
The Chartists and the suffragettes demanded the right to vote, not the right to opt in to a register if they happened to know that this was needed and how and when the relevant paperwork must be completed. These amendments are about removing unnecessary barriers to facilitating that fundamental right to vote.
The DVLA database, for example, may not contain details of nationality, but if someone is already properly included on the electoral register, then when they notify the DVLA of a change of address, their electoral registration details could and should be automatically transferred.
Some databases, perhaps including those of the DWP, universities registering students or those held by the Student Loans Company, may include details of nationality. Where it is appropriate for people on such databases to be included in electoral registers, this should be done automatically, without further ado about inviting them to apply to register and to opt in to a basic right—the right to vote.
Finally, I will put to the Minister one very clear proposal that would be a step towards automatic voter registration and could be easily implemented. It was made in the recent report sponsored by the Joseph Rowntree Reform Trust, written by academic experts at the University of East Anglia. It was included in the “missing millions” reports produced by the APPG on Democratic Participation, for which I have been an officer, and it was supported by the House of Lords Select Committee looking at electoral registration issues.
Will the Minister undertake to promote the practice of ensuring that all 16 year-olds should be automatically registered to vote when they receive their national insurance number? This is a simple and very achievable proposal that could greatly improve registration levels of young people, enabling them to vote as soon as they reach the age at which they are entitled to vote. The Electoral Commission, the Association of Electoral Administrators and the Electoral Reform Society have all supported this. I suspect that there may be some opposition within government to improving the completeness of the register, in spite of what we are told. But this practical proposal may enable cost savings to be made in the registration process, and it should be seen as a necessary step, given the difficulties of canvassing young people, particularly in the current Covid crisis, or engaging with them in school.
Much excellent work has been done on this subject by Dr Toby James, professor of politics and public policy at the University of East Anglia. I hope that the Minister and his team will study the excellent report that he helped to produce for the Joseph Rowntree Reform Trust, and respond positively to this idea in particular, before we have to consider further amendments on the issue of automatic voter registration on Report.
Lord Hayward (Con)
My Lords, I am going to start with an element of agreement with a number of others who have spoken. I thank the noble Lord, Lord Shutt, for his excellent chairmanship of the committee, which produced an excellent report and brought people together in any number of different ways.
I also thank the noble Lord, Lord Campbell-Savours, for his charming request to me to put my name to Amendment 24, from which I demurred. The reason I did so was specifically highlighted by the introduction and opening comments from the noble Lord, Lord Lennie. I subscribe to the key recommendations of the report, to which the noble Lord, Lord Shutt, referred and which he quoted in part. Recommendation 2 refers to,
“further modernisation of registers, including piloting automatic registration for attainers.”
That is all one phrase. The noble Lord, Lord Lennie, managed to pause before he moved on to “for attainers,” because this is in some people’s minds an automatic commitment to move on to automatic registration in general, and I do not support that.
I do support, as the noble Lord, Lord Rennard, has just suggested, assistance/automatic registration for attainers, because it is absolutely crucial that we get people involved in the community and the politics of society from an early age. That is the reason why attainers are so important. And I recognise that there are other groups—no question about it—that should be registered. The noble Lord, Lord Shutt, made reference to Canada and identified that I had referred to Australia earlier in the debate. When I had the conversation with Tom Rogers, the current commissioner, the other day, he talked to me about how Australia has increased its level of registration. We did not take evidence from Australia, but the Government should look at it.
However, the Government have introduced a series of measures and efforts to ensure that registration improves. Although the noble Lord, Lord Shutt, was right in saying that the register is not more complete, it is more accurate, and that was the evidence that we received in relation to registration. For those who are not economically deprived, the availability of online registration has been proved to be an enormous boon—hence the surge in applications at the general election. Many of them were not valid—they were duplicates and the like—but they were important.
We talk about getting people involved by ensuring that they are registered. One of the other points on which I disagreed with the noble Lord, Lord Lennie, was when he said that people when asked say that they want to participate. Well, the vast majority have the opportunity to register online, and they do not—and, even if they do, I have just checked and the figure for turnout at the last election was 67%. If you ask the question, “Do you want to do something?”, the automatic response, unless you phrase it carefully in polling research, is going to be, “Yes.” It is like motherhood and apple pie— nobody ever sins. So one has to take that in context.
Lord Wallace of Saltaire (LD) [V]
My Lords, I declare an interest as the Lords Minister in the coalition who had to carry through the change in patterns of electoral registration. I still carry some of the scars from the speeches made by the noble Lords, Lord Wills and Lord Campbell-Savours, and others during those debates. That was when I became well aware of our antiquated system of electoral registration, which we inherited from the days when only heads of households voted. I was also conscious that changing to individual registration was like the 1999 House of Lords report: a halfway house that was not going to take us all the way.
During our discussions within the Cabinet Office I also became interested, for the first time, in digital transformation in government. It was clear that if we were to make much fuller electoral registration our aim, we would have to employ data sharing and data transfer. I remember my shock when we approached the Ministry of Transport on whether we could share at least the outlines of addresses and names in the driving licence scheme. The DVLA and Ministry of Transport’s first response was to say no. I understand that we now compare the names and addresses of people with national insurance numbers on the DWP database with electoral registrations. That is a step forward. We all know that moving toward data sharing within government is a complicated and sensitive area where we must take great care.
I remark to the noble Lord, Lord True, and the noble Baroness, Lady Scott, that responsibility for this matter has just moved back from DCMS to the Cabinet Office. They will therefore answer to us when the Government, if they hold to their promises, publish the digital strategy White Paper which they have promised before the end of this year.
I remind the Minister that the Conservative manifesto refers to voting as an expression of someone’s “full citizenship rights”. If it is a mark of one’s full citizenship rights, we should do our utmost to ensure that all citizens are on the register. We have this problem in Britain that many people do not want the state to know who and where they are. Thus, the concept of citizenship is itself in some ways contested. We need to move towards automaticity, if I may use that term. We will move slowly towards it, rather than relying on underfunded and overworked electoral registration officers at the local level to fill this 6 million to 9 million gap.
The noble Lord, Lord True, was unhappy that I hinted at Second Reading that some Conservatives are as concerned to exclude some people from the register as to include everyone in voting. If that is the case, let us do whatever we can to include everybody. That means moving towards use of comparative databases to ensure that everyone is on the register. Rightly, the noble Lord, Lord Hayward, raised the question that some people do not want everyone to know where they live. That raises large issues of transparency versus privacy, which we will again want to debate.
We also understand the questions of publicly-owned digital identity. That is another sensitive area, on which the noble Lord, Lord Campbell-Savours, takes a strongly held view. I take a middle view, and there are others who believe that privacy overrides the right of the state to know who and where we are, or the right of the citizen to have access to all the public data the state holds on them. This is an area that we should look to move further forward on. That means we have to move towards automatic voter registration, including for retainers. I therefore support the amendments.
The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
The noble Lord, Lord Liddle, has withdrawn his name from the speakers’ list, so I call the noble Lord, Lord Tyler.
Lord Tyler (LD) [V]
My Lords, I am delighted to contribute to the end of this debate because it has been of considerable importance. Although I am a co-signatory of the cross-party Amendment 11, I will refer particularly to the amendment in the name of my noble friend Lord Shutt of Greetland. He had a great deal of expertise in his Select Committee, some of which has been on display during the Grand Committee.
The point I want to make is that we do not set up Select Committees lightly. Notoriously, some of their results and recommendations have been ignored in the past. In this case, there was a particular legislative reason for the committee to take advice, to take evidence and to recommend to your Lordships’ House. It would be extraordinary if the Government did not respond very positively to its recommendations, presumably by one minute to midnight tonight. I confess that I will not stay up; my expectation is that it will look just as good in the morning.
The issue that has been the subject of this debate and the Select Committee’s report is of huge significance. I pray in aid in particular the point from the noble Lord, Lord Janvrin, who said that we have to see this in the context of public disenchantment and disengagement. I hope I quoted that correctly. If the public do not see the register as something that they as citizens need to be involved in, it is not just a matter of personal choice; it is that our citizenship has not been fully engaged in its responsibilities and rights as citizens.
I part company in a small way from the noble Lord, Lord Hayward. He is perfectly right that we in the UK have always had a tradition that voting is entirely voluntary, but we have also said for many years now that the register should be the pool from which juries are appointed. So if you are not on the electoral register, you are not in fact fulfilling your responsibility as a citizen. Hence there is an obligation, and it can be backed up by a civil fine if you do not register. That has been true right through the recent changes for IER, which have maintained the case.
While I entirely accept that there will be some circumstances, which people have referred to, where people are in some sort of difficulty from domestic violence and therefore try to protect their current address, that is dealt with by the right of people not to be on the publicly available register. That has been the case for a number of years and is very proper protection for people in those sorts of circumstances, but the actual responsibility to be registered is extremely important.
There is a tendency for people to think that this is a relatively small problem, but as has been made clear, not least by members of the Select Committee and their report, if there are between 6 million and 9 million people who are eligible to be on that register who are not, that is a far bigger problem than, for example, the Government’s alleged concerns about people impersonating others in polling stations, which is a tiny problem in comparison. As many noble Lords have said, it can mean that there is a fundamental weakness in the very basis for the Bill; it means it is, to quote the noble Lord, Lord Grocott, a castle built on sand.
There are ways in which there could be some immediate improvements without a great deal of bureaucratic change. For example, as my noble friend Lord Rennard pointed out, it has been recommended that when a 16 year-old gets a national insurance number and is therefore an attainer in terms of getting on the register, that would be an automatic entry on the system. That is asking at this stage not for any elaborate automatic registration everywhere, but, in the terms of the noble Lord, Lord Hayward, for some selective, targeted automatic registration.
I understand that there will be difficulties in moving smartly to the sort of automatic registration that we would prefer, as set out in Amendment 11, but the Select Committee’s recommendations need a full and firm commitment to action from the Government. It is not enough now to just say, “Let’s have some more consultation.” The whole point of having a Select Committee, to return to the comment I made at the outset, is that Members of your Lordships’ House across the parties, with a lot of expert advice and evidence, take a hard, sober and non-partisan look at problems. This is something the committee was asked to do by the House itself. It would, frankly, be ridiculous—outrageous, some would think—if Ministers simply brushed that advice aside. I therefore look forward very confidently, even optimistically, to the Minister responding on behalf of the Government to say that they will now not just listen to what the Select Committee said, but act on it.
Baroness Scott of Bybrook (Con)
My Lords, I am grateful to the noble Lords who tabled these amendments. They have provided an opportunity to discuss the merits of not introducing automatic voter registration and for me to update the Committee on what initiatives the Government are undertaking to improve the completeness and accuracy of the electoral registers.
The Government are not considering introducing automatic registration, for reasons of principle and practicality. On principle, we believe that registering to vote and voting are civic duties; it therefore follows that people should not have these duties done for them or be compelled to do them. There is also the principle of individual responsibility, which is why we introduced the individual electoral register in 2014. Automatic registration is not compatible with the idea that it is each eligible citizen’s responsibility to register to vote. An approach based on individual responsibility also leads to the outcomes that we all want to see. After the introduction of individual electoral registration, the registers for the 2017 general election were the largest ever. There is also some evidence from overseas to suggest that those who register themselves are more likely to vote.
Coupled with that individual responsibility, a more general duty falls on society as a whole, and on all of us here, to explain the importance of registering to vote. The Government welcome and share in these efforts to encourage people to register and to participate fully in our democracy. The Government’s online registration service does exactly this, supporting citizens who want to register by making the registration process easier than ever. Satisfaction with the Register to Vote website is consistently above 90%.
On the practicalities, we have many concerns about automatic registration. I will briefly outline five of them. First, it is almost certain that an automatic registration system would lead to a single, centralised database of electors. We are opposed to this on grounds of the significant security and privacy implications of holding that much personal data in one place, as well as the significant cost that such a system would imply.
Secondly, any system automatically registering citizens who, for example, are applying for a driving licence, a passport or universal credit could present accessibility challenges to those citizens who do not use any of those services.
Thirdly, there is currently no public service whose application procedures capture all the data required to determine eligibility to vote—name, address, age, nationality and immigration status. This means that any so-called automatic system would still require significant amounts of human intervention.
Fourthly, electors have faith in our current registration system. The results of an Electoral Commission survey on the 2019 general election found that a net 78% of those surveyed were satisfied with the registration system. Of the 10% who were dissatisfied, 9% said that people should be automatically registered to vote and 1% said it should be compulsory.
Fifthly, we should also take note of the experience of other jurisdictions that have introduced automatic registration. Registrations may have increased, but so have concerns about errors and inaccuracies. For example, shortly after the introduction of automatic registration in Canada in 2000, the General Election Post-event Overview reported that,
“a majority of candidates and political party representatives indicated a low degree of satisfaction”
with the preliminary lists of voters generated by the national register, and that returning officers reported having
“to deal with widespread or major complaints about the preliminary lists of electors, indicating that the accuracy of the lists did not meet their expectations.”
Before I move on from Amendment 11, I reiterate what I said in the previous debate about the risk of damaging the independence of the Boundary Commissions, were they to be asked to do this work. They would be taking on an entirely new function, publishing a report on the potential impact of the policy. More than that, it would almost certainly damage the Boundary Commissions’ reputation for impartiality and independence. I just wanted to make that clear.
The second amendment in this group is the one tabled by the noble Lords, Lord Shutt of Greetland, Lord Campbell-Savours, Lord Janvrin and Lord Wills. It would require the Government to lay before Parliament proposals to improve the accuracy and completeness of the registers. I want to reiterate what my noble friend the Minister said recently and what the noble Lord, Lord Hayward, said this evening. The Government are totally committed to ensuring that we have as complete an electoral register as possible and we are working to that end. Between 2014 and 2018 the register rose from 86% to 89%, but the Government are not complacent and we will continue to work to improve that.
I will update noble Lords on the work going on to this day. I share with many in both Houses the ambition that every eligible elector who wants to be, should be included on the electoral register. However, the Government strongly believe that the individual must make the decision to engage with the democratic process themselves. The noble Lord, Lord Hayward, pointed out that people have reasons why they do not want to engage. The Government have an important role in making the process as easy as possible to ensure that there are no barriers to registration. That is why the Government have been working hard with electoral administrators to improve the accuracy and completeness of the registers through initiatives such as online registration and reform of the annual canvass process.
I will highlight a few pieces of work in this area. The introduction of online registration has made it simpler and faster for people to register to vote. It takes as little as five minutes. This improvement benefits all electors, including groups that have traditionally experienced barriers to making an application to register. From my own experience, I know that many local authority librarians will help people who do not have the IT knowledge that some of us might have.
The Government, working with partners, have developed a wide range of resources to promote democratic engagement. I do not agree with the noble Lord, Lord Shutt, that this is putting too much on to electoral registration officers. This is the bit of work that they like doing. I know that from my experience of working with many electoral officers over many years. They are passionate about making sure that as many people as possible in their communities are engaged in the democratic process. Events are aimed at electoral registration officers, civil society groups, teachers and others to encourage people, particularly young people, to get involved in the process.
We are also in the process of implementing changes to the annual canvass of all residential properties in Great Britain. That will improve its overall efficiency considerably. This will allow electoral registration officers to focus their efforts on hard-to-reach groups. Many noble Lords mentioned these groups. It is interesting that it is the local electoral registration officers that often know who these groups are and how to communicate with them. Electoral registration officers also play an important role in helping to make the registers accurate and complete. The noble Lord, Lord Hayward, is right that it is not just about completeness but accuracy.
When thinking of another group of people where we know it is difficult to keep it to one name on the register, we can look at members of the Armed Forces as well as students. They are another group of people that I know well. The Government are also analysing the impact of the new student electoral registration condition which requires higher education providers in England to comply with ERO requests for data and obliges them to work with local authorities to promote electoral registration among their student communities. This is yet another piece of work that is being done locally that will increase the numbers on the roll.
I hope that provides noble Lords with sufficient assurance that the Government are dedicated to improving the accuracy and completeness of the electoral registers, while maintaining individual electors’ liberty to choose to register of their own accord. I therefore thank noble Lords for their amendments but invite them to withdraw or not move them.
Lord Lennie (Lab)
My Lords, given the time, I will concentrate not on what previous speakers have said, but on what the Minister contributed in her response. The practical measures that she has outlined do not appear to have impacted on the 9 million missing voters. There may be a shuffling between students here or registrations there and so on, but there are still 9 million people who could, and want to, participate but do not do so because they are not registered in the process. We need a step change, moving away from well-motivated and well-meaning electoral registration officers, student leaders and others in institutions, to get to where we need to be, with a marked increase in participation at the next election. This legislation will not happen every single year or Parliament. It is a one-off parliamentary opportunity to make a real impact on the missing voters.
This issue is not going to go away. The Committee has heard the passion on it from the members of the noble Lord’s committee. I believe this will come back at the next stage but, in the meantime, I withdraw the amendment.
Parliamentary Constituencies Bill
Thursday 10th September 2020
(4 years, 3 months ago)
Grand CommitteeRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-III Third marshalled list for Grand Committee - (10 Sep 2020)
The Deputy Chairman of Committees (Baroness Henig) (Lab)
My Lords, the Hybrid Grand Committee will now begin. Some Members are here in person, respecting social distancing, others are participating remotely, but all Members will be treated equally. I must ask Members in the Room to wear a face covering, except when seated at their desk, to speak sitting down and to wipe down their desk, chair and any other touch points before and after use. If the capacity of the Committee Room is exceeded, or other safety requirements are breached, I will immediately adjourn the Committee. If there is a Division in the House, the Committee will adjourn for five minutes.
A list of participants for today’s proceedings has been published by the Government Whips Office, as have lists of Members who have put their names to the amendments, or expressed an interest in speaking, on each group. I will call Members to speak in the order listed. Members are not permitted to intervene spontaneously; the Chair calls each speaker. Interventions during speeches or “before the noble Lord sits down” are not permitted. During the debate on each group I will invite Members, including Members in the Grand Committee Room, to email the clerk if they wish to speak after the Minister, using the Grand Committee address. I will call Members to speak in order of request and will call the Minister to reply each time. The groupings are binding and it will not be possible to de-group an amendment for separate debate. A Member intending to move formally an amendment already debated should have given notice in the debate.
Leave should be given to withdraw amendments. When putting the Question, I will collect voices in the Grand Committee Room only. I remind Members that Divisions cannot take place in Grand Committee. It takes unanimity to amend the Bill, so if a single voice says “Not Content”, an amendment is negatived, and if a single voice says “Content”, a clause stands part. If a Member taking part remotely intends to oppose an amendment expected to be agreed to, they should make this clear when speaking on the group. We will now begin.
It is currently intended that we will take a break at 5 pm for 15 minutes. There has been some suggestion that not all Members are happy with this. I suggest, therefore, that the three Whips get together at some point to decide whether they wish to have this break. It being a Thursday, I can understand that people might have different feelings about it.
Amendment 12
Lord Thomas of Cwmgiedd
“The Boundary Commissions: constitution
(1) Schedule 1 to the 1986 Act (the Boundary Commissions) is amended as follows.(2) At the end of paragraph 2 insert “in accordance with paragraph 3A below”.(3) In paragraph 3(a), for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”.(4) In paragraph 3(c), for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”.(5) After paragraph 3 insert—“3A The two members of each Commission appointed by the Secretary of State shall each be appointed in accordance with the following process—(a) a selection panel shall be convened by the Secretary of State to select the members of the Commission, which shall comprise—(i) the deputy chairman of the Commission, and(ii) two persons appointed by the Speaker of the House of Commons;(b) the selection panel shall determine the selection process to be applied and apply that process;(c) the selection panel shall select only one person for recommendation for each appointment as a member of the Commission;(d) the selection panel shall submit to the Secretary of State a report stating who has been selected and any other information required by the Secretary of State;(e) the Secretary of State shall on receipt of the report do one of the following—(i) accept the selection,(ii) reject the selection, or(iii) require the panel to reconsider the selection;(f) the power of the Secretary of State to require the selection panel to reconsider a selection is exercisable only on the ground that, in the Secretary of State’s opinion, there is not enough evidence that the person selected is suitable for appointment as a member of the Commission;(g) the power of the Secretary of State to reject a selection is exercisable only on the ground that, in the Secretary of State’s opinion, the person selected is not suitable for appointment as a member of the Commission;(h) the Secretary of State shall give the selection panel reasons in writing for requiring the reconsideration of, or rejecting, any selection.”(6) In paragraph 4, at end insert “, but the term for which each member (other than the chairman) is appointed shall be a non-renewable term.””Member’s explanatory statement
This amendment would ensure that the appointment of members of the Boundary Commissions is made and is seen to be made independently and without the influence or appearance of influence of the Executive, to remove the possibility of political interference in the process of setting the boundaries of Parliamentary constituencies.
Lord Thomas of Cwmgiedd (CB) [V]
The background to Amendment 12 is the effect of automaticity in moving the focus to the Boundary Commissions, which will now make the final decisions. This means that any risk of interference or perception of a lack of partiality or other matters will move to the commission and the process of appointing it. The Constitution Committee suggested we should consider what needed to be done to ensure the independence and impartiality of the commission. I am sure that there is complete agreement that the process must be wholly independent and free from the possibility of political inference or, more importantly, any perception of political interference or influence. Decisions must be independent and be seen to be independent and we must safeguard the process from the US problems of gerrymandering.
The amendment seeks to address this issue in three ways, so that the commission is not only independent and impartial but seems to be so. The first way is the appointment of the deputy chairman. Commissions are chaired by deputy chairmen. In each of our four nations the deputy chairman has to be a High Court judge. In Scotland, the deputy chairman is appointed by the head of the judiciary, the Lord President, and in Northern Ireland by the head of judiciary there, the Lord Chief Justice of Northern Ireland.
However, that is not the position in England and Wales. The appointment is not by the head of the judiciary, the Lord Chief Justice, but by the Lord Chancellor, a Government Minister. For England and Wales this anomaly predates the change to the position of the Lord Chancellor in 2005. Until then, he was the head of the judiciary in England and Wales and a judge. Now, not only is he not head of the judiciary, he is no longer a judge but a political Minister.
The Act should therefore now be changed so that the deputy chairman is no longer appointed by a Government Minister but, as in Scotland and Northern Ireland, by the head of the judiciary. Although the Lord Chancellor consults the Lord Chief Justice, that is insufficient in the light of the proposed change brought about by the Bill. That is because it is necessary to ensure that the independence of the judiciary is not undermined by any perception of partisanship in the appointment. It must be seen to be wholly independent of the political Minister which the Lord Chancellor now is. That is a small and, I hope, uncontroversial change.
The second matter relates to the independence of the appointment process of the other members. I put forward a process based on the commission used for the appointment of the senior judiciary—the Judicial Appointments Commission—and the appointment process it has adopted. I have done so as the process of the commission will be far more akin to a judicial process. It must be impartial and independent and seen to be so. It must make its decision on the evidence and the decision is then put into effect by the other branches of government, without any power to change the decision.
Therefore, I suggest, first, that the panel must be independent. I propose in my amendment that the panel should comprise the deputy chairman, as that reflects current practice, and two panel members appointed by the Speaker of the House of Commons. Secondly, the process should be that determined by the panel. If the panel is appointed as suggested, the selection process should be left to it. I am not in favour of automatic disqualifications, as something you decide now can come back and disqualify someone for something they did many years ago. Thirdly, the panel must put forward one name to the Minister, who can object only on a limited basis and must give reasons in writing. That is the practice followed in judicial appointments. This has proved a very effective mechanism for the appointment of judges and exists—I must emphasise—without in any way undermining public confidence in other appointment processes. It is because the appointment process to the Boundary Commission is so similar to the appointment of judges that I put this forward.
The third means that I think should address the question of impartiality and independence is the non-renewable term. It is clear that the members of the commission must be free of any pressure during their work by the prospect of being offered a further term. That is why a number of bodies with special status have fixed terms that are not renewable. Security of tenure, again, is like that given to judges. If they are not liable to reappointment there cannot be subjective pressure or undue influence. In recent years, the trend has been for constitutional watchdogs to be appointed for a single, non-renewable term. A dozen such bodies whose members cannot be reappointed include the following six, which come under the Cabinet Office: the Civil Service Commission, the Commissioner for Public Appointments, the Committee on Standards on Public Life, the House of Lords Appointments Commission, the Advisory Commission on Business Appointments, and the Local Government Ombudsman. It seems to me that if the Cabinet Office believes in the importance of non-renewal terms for these bodies, why would it not apply this logic to the Boundary Commission?
Parliament also believes in the importance of single, non-renewable terms for constitutional watchdogs. The law was changed in 2006 to make the parliamentary ombudsman appointable for seven years, non-renewable; in 2011 to make the Comptroller and Auditor-General appointable for 10 years, non-renewable; and in 2012 to make the Information Commissioner appointable for seven years, non-renewable. Noble Lords will note that I have not recommended the length of the term. That is because I think it remains to be clarified as to what is planned for the activities of the commissioners, bearing in mind, first, that they are likely to be active for only two to three years in the envisaged eight-year cycle and, secondly, the way in which this is done must make the post attractive. Those are the three bones of this amendment. I beg to move.
Lord Janvrin (CB) [V]
I will speak briefly in support of the amendment introduced by the noble and learned Lord, Lord Thomas. As was discussed on Tuesday, the Bill introduces automaticity into the implementation of new constituency boundaries following a boundary review. This is a move which I support. This amendment is a further step to ensure that the review process is, and is seen to be, totally impartial. Its aim is to strengthen the independence of the Boundary Commissions themselves by setting out how the appointments of their members can be made independently and without the possibility of political interference. The importance of this was underlined by the Constitution Committee and the arguments in favour of this additional clause have just been well set out by the noble and learned Lord, Lord Thomas.
I simply add that I hope there will be no temptation to argue that this amendment is unnecessary. If the Minister does take that line when he replies, he would be saying in effect that we can trust the present appointments system. I ask him to reflect on this in the context of the level of public trust in politics today, which was touched on in our debate on Tuesday. When winding up the Second Reading debate earlier this year, the Minister said that the Boundary Commissions
“are independent and neutral; they must and will remain so”.—[Official Report, 27/7/20; col. 96.]
This amendment will surely assist the Government in meeting this worthy pledge.
The Deputy Chairman of Committees (Baroness Henig) (Lab)
Lord Liddle. No? We will move on to the noble and learned Lord, Lord Morris of Aberavon.
Lord Morris of Aberavon (Lab) [V]
My Lords, it is a pleasure to support the noble and learned Lord, Lord Thomas. As Welsh Secretary, I ran a mile whenever I thought there was a conflict of interest. It is for others to judge whether I succeeded. It goes without saying that I did the same as Attorney-General. The spirit and meaning of this amendment is that the office of Lord Chancellor has been changed. It certainly gives the appearance of being a more political office. I will make no comment on his statutory duty to maintain the rule of law in the present circumstances, but it is important to distance the appointment of the Boundary Commission from a perception of closeness to party interests. The machinery—the bread and butter—of general elections is the make-up of constituencies. This is what the Bill does, with disastrous consequences for the representation of Welsh electors. A judicial method of appointment removes the semblance of political interests.
As Welsh Secretary, I had experience of a parallel matter. In what I would call my vice-regal role, it was my duty to appoint the chairman of the Local Government Boundary Commission and, I believe, its members. I presume that this duty went, on devolution, to the Assembly and it is too late to amend it, but it is important so far as England is concerned. The same argument—the need to distance decision-making from a politician—applies to this kind of appointment and the Boundary Commission itself. On assuming office, I inherited the proposed appointment of the Local Government Boundary Commission chairman from my Conservative predecessor. I was not satisfied with the proposed appointment.
Baroness Humphreys (LD) [V]
My Lords, I begin by apologising for not being able to take part at Second Reading. I thank the noble and learned Lord, Lord Thomas of Cwmgiedd, for tabling this important amendment. As the Committee heard in debates on other amendments on Tuesday, the Bill removes the present power of Parliament to approve the Boundary Commission’s proposals at the end of the process of reviewing boundaries in the UK. As it stands, the process allows MPs only to ratify or block the commission’s proposals, not to amend them. Even this can still be viewed as politicians being able to influence the final decision, as happened in, for example, 1969 and 2001. However much we deplore these situations and others like them, that is what current legislation allows. However, the removal of this power from parliamentarians and, therefore, the introduction of automatic review implementations, has been described by MPs as a “power grab” by the Executive from the legislature and a constitutional outrage. It is seen by many as another attempt to silence or sideline Parliament.
The UK’s four Boundary Commissions pride themselves on the impartiality of their reviews, as they work within the parameters set by various Acts of Parliament. However, up to now that impartiality has ended when the review arrives in Parliament for approval, as history has shown. It is therefore probably right that the UK follow in the footsteps of countries such as Canada, Australia and New Zealand in removing politicians from the process. After all, during the process of a review, politicians and political parties have the ability to express their views in the submissions they make to the commissions, and those submissions are given due regard.
However, this is the most unequal of changes. The Bill takes away the rights of parliamentarians, but the right of the Executive to appoint members to the Boundary Commission remains intact, leaving the impartiality balance skewed in favour of the Government. This is a situation I do not wish to see in Wales—a future Welsh Boundary Commission, influenced by the UK Executive, could hardly claim to be impartial. If the system is to be seen as fair and impartial, all political influence must be avoided. The noble and learned Lord’s amendment achieves just that. If the Government are reluctant to accept it, the accusations of a power grab by the Executive over the legislature will be seen to have substance. On these Benches, we support measures to ensure the independence and impartiality of the Boundary Commission.
Baroness Hayter of Kentish Town (Lab) [V]
Diolch yn fawr. It is very nice to have so many Welsh people speaking in this debate. I think it would be a brave Minister who rejected the advice contained in this amendment from a former and very eminent Lord Chief Justice—and one, I might add, whose term of office coincided, I think, with that of Chris Grayling as the Secretary of State for Justice, although why I should make that particular point I cannot think at the moment .
It is clear that the noble and learned Lord, Lord Thomas of Cwmgiedd, knows a thing or two about the relationship between a Secretary of State and our independent judiciary and legal system. He has no doubt seen at close quarters how decisions are made or influenced and is able to draw on this experience in his advice to the Committee and in the amendment that he has moved today.
The amendment covers two points. First, and crucially, it effectively takes the appointment of commission members out of the hands of an elected politician—indeed, a member of the Cabinet—and places oversight in the hands of the Speaker and the Lord Chief Justice. Secondly, it makes the appointments non-renewable to ensure that Boundary Commission members can carry out their function with absolutely no glance over their shoulder at the possible renewal of their mandate. As the noble and learned Lord says, this fits in well with the Constitution Committee’s view that if we are to move to automatic implementation of Boundary Commission recommendations, this will protect against undue political influence only if the commissioners themselves are genuinely impartial and completely independent of political influence, as the noble and learned Lord, Lord Morris, also said .
In particular, the Constitution Committee recommended that commissioners should be appointed for a single, non-renewable term; the Secretary of State should appoint only from names recommended by the selection panel; and the deputy chair of each commission should sit on the selection panel.
The issue of independence was similarly stressed in a useful briefing note by Dr Alan Renwick and Professor Robert Hazell of the UCL Constitution Unit in their submission to the Commons Bill Committee, where they stressed the need to:
“Protect the Boundary Commissions from Government Interference”—
where, as they say,
“automatic implementation is clearly appropriate only if the review process itself is genuinely independent of any improper interference. If that condition is not met—if, for example, government ministers can unduly influence the appointment of Boundary Commission members or the conduct of reviews—then the independence requirement is violated again.”
The view of those two eminent academics is also that this amendment meets their benchmark for independence.
I would have hoped that we would not need to write such obvious safeguards into the law, but the recent effective removal of those whose advice does not gel with the Government gives one cause for concern. As was discussed earlier in the Chamber today, Tuesday’s news, on the very day of Sir Mark Sedwill’s departure, of the resignation of the head of the Government’s legal department, Sir Jonathan Jones, over his concerns about a threatened breach of the Northern Ireland Protocol, makes him the sixth senior Whitehall civil servant to resign this year. It sounds as if, “If you don’t say the right thing, you don’t stay.”
In a similar manner, recent appointments suggest that a certain push from No. 10 has magically seen Conservatives appointed to a range of positions: the aforementioned Chris Grayling to the National Portrait Gallery; and our own noble Baroness, Lady Harding, appointed as the effective chair of the National Institute for Health Protection, without any advertisement or selection process, and despite being neither a doctor nor a public health professional.
Angela Bray, a former Conservative MP, was suddenly appointed to VisitBritain as a board member. Sir Patrick McLoughlin, a former Conservative Party chair, is now to chair the British Tourist Authority. Nick de Bois will chair VisitEngland and David Ross, a major donor to the Conservative Party and to Boris Johnson’s leadership campaign, is now chair of the Royal Opera House. Political friends have been recently appointed to so-called independent departmental non-executive directorships.
It may well be that all these Conservatives were simply the absolute best, most experienced, most dynamic applicants for these various posts, and that such skills can never be found among Labour or Lib Dem activists, but it does feel as if appointments to important positions may be being handed out on a less than non-political basis. It is therefore crucial, if the Boundary Commission is to have the final say—unchallengeable in Parliament—that we have absolute confidence in the integrity and independence of its members and recommendations and in the appointment of those members.
I say again that I regret that we feel the need to legislate for this. I would have thought that our way of doing government would normally not need this to be written into legislation, but I believe we have to do it. I look forward, therefore, to the Minister’s response to this particular suggestion, and I hope very much that the Government will adopt the amendment and put it forward themselves on Report.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I start by thanking the noble and learned Lord, Lord Thomas of Cwmgiedd, for the detailed thought that he has put into drafting his amendment and to the fact that he has drawn the Committee’s attention to this very important topic. I am also grateful to him for the time that he gave to have a private conversation on this matter. I am certainly open to have further conversations with him in the days and weeks ahead. I am grateful to all those who have spoken on this topic today.
I must in preface take up what I thought was a very strikingly polemical political utterance from the noble Baroness, Lady Hayter, in which she purported to impugn the overall integrity of the public appointments system—an implication which was also left in a much more acceptable but similar fashion by the noble Lord, Lord Janvrin. I will come back to that, because I believe that the integrity of the public appointments system is absolutely fundamental and I am concerned that these kinds of generalised political charges should surface in the manner that we heard from the noble Baroness. I will not trade time in your Lordships’ Committee or at a later stage on Report by listing the names of other people of other parties who have taken up political and public appointments.
For my own part, I do not believe that the desire to give public service as a Member of Parliament or as a humble leaflet deliverer for any political party which is represented in Parliament means that that person should be automatically excluded or regarded as suspect if they are appointed to a public body. I believe that the course of politics—the vocation of politics—and public service through politics are honourable vocations, and that ought to be borne in mind as we address this subject.
The Deputy Chairman of Committees (Baroness Henig) (Lab)
I have received a request to speak after the Minister from the noble Baroness, Lady Hayter of Kentish Town.
Baroness Hayter of Kentish Town (Lab) [V]
The Minister and I obviously have our political differences, but he probably knows that I would very rarely make a claim that was not accurate. I was speaking quite quickly, so he probably did not quite catch what I said, because my quote from the report of the Constitution Committee, which I have in front of me, was absolutely accurate. What I said was—and this was my opinion—that the amendment fits well the Constitution Committee’s view, which I quoted, that
“automatic implementation … will only protect against undue political influence if they are themselves genuinely independent.”
I then quoted the committee’s recommendation that
“the Commissioners should be appointed for a single, non-renewable term … the appointing minister should be required to appoint only from the names recommended by the selection panel; and … the deputy chair of each commission should sit on the selection panel.”
I was not claiming that the Constitution Committee endorsed the whole of this; my quote was absolutely from the Constitution Committee, and it was on those lines. I realise that I may have been gabbling and the Minister may not have heard me accurately, because I am sure that he would not have made the error otherwise.
Lord True (Con)
My Lords, perhaps I might be permitted to reply to that. I always try to be gracious and I enjoy the challenge that comes from the noble Baroness. The cut and thrust of politics makes it worth while being a Member of your Lordships’ House, and let us have more of it. I accept what the noble Baroness says: that she was simply referring to paragraph 6 of the report, which I also have before me. I accept that she was not saying that those were specific recommendations by the Constitution Committee. I hope that she and I, and the whole Committee, will agree that we should consider, as we are doing “what safeguards are required”—which was the recommendation—
“to ensure the independence and impartiality of the Boundary Commissions.”
The noble and learned Lord, Lord Thomas, has put forward some proposals. I have argued that the system currently satisfies that objective. But, as I have said, I am open to having further discussions on this matter.
Lord Thomas of Cwmgiedd (CB) [V]
I thank all noble Lords who have spoken in favour of the amendment. Perhaps I might briefly reply to the points made by the Minister. First, as to the position in respect of the appointment of a judicial member, this is now plainly anomalous. I simply cannot understand why the Government seek to have this particular aspect of a judge’s deployment within the control and decision of a political Minister. Ministers are not allowed to appoint judges to particular cases. If as a result of a Boundary Commission it was felt that the commission had unduly favoured one party, it would be very damaging to the independence, and the perception of independence, of the judiciary if someone was able to say, “Well, that judge who is the deputy chairman was appointed by a politician.”
Further, there seems to be absolutely no reason why the position of those in England and Wales should not brought in line with those in Scotland and Northern Ireland, bearing in mind the logic of the position: namely, that at the time this was done, the Lord Chancellor was a judge. The Lord Chancellor is no such thing these days; he is a political Minister.
Secondly, on the issue of public appointments, I hope that the Minister will reflect further on the unique nature of the decision-making of the commission. It is not a body whose decision can in effect be challenged; it is an independent decision. Therefore, a special process much more akin to that of the judiciary is required. Appointability should not be the criterion.
On renewable terms, it is clear that the Cabinet Office accepts, as Parliament has accepted, that there are certain positions where it is essential that the term of appointment be non-renewable, to remove pressure. The Minister said—I think I heard him correctly, but one is always cautious when hearing matters over a remote link—that someone is reappointed subject to a satisfactory appraisal, but that really has no place in the process of appointing someone who is meant to be independent and who may be expected to make decisions of which Ministers do not approve.
I therefore would very much like to take up the opportunity of discussing this further with the Minister and others because I believe that we should be able to put this matter into a situation where everyone can have confidence, and the perception of confidence, so that the judgment of the commission is never capable of being called into question on the basis that politicians have been involved in its appointment. On those terms I beg leave to withdraw the amendment.
The Deputy Chairman of Committees (Baroness Henig) (Lab)
We now come to the group consisting of Amendment 13. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.
Clause 5: Number of parliamentary constituencies
Amendment 13
Lord Norton of Louth
Lord Norton of Louth (Con)
My Lords, my noble friend Lord Cormack, who is a signatory to the amendment, sends his apologies for not being able to be present today, but has asked me to stress his support for what I shall be arguing this afternoon.
My amendment to increase the number of parliamentary constituencies from 650 to 800 is drafted for one purpose, and that is to get the Minister, on behalf of the Government, to explain the arguments against having a legislative Chamber of 800 Members.
We have a second Chamber of roughly 800 Members. The Government have not taken any steps to reduce the number—quite the reverse. What change has been achieved has been through pressure from within this House, primarily in the form of Private Members’ legislation, such as the House of Lords Reform Act 2014, which enabled the retirement of Members and the removal of Peers who fail to attend for a Session. Without that measure, the House would be closer to 900 Members. The committee under the noble Lord, Lord Burns, has come up with recommendations to reduce the number to give effect to achieving a House that is no bigger than the House of Commons.
If there is to be a disparity in size, it makes more sense for the Commons to be larger than the Lords. The greater the number of MPs, the smaller the size of the constituencies. That arguably would be to the benefit of constituents. It would make possible even closer contact between Members and their constituents. It would facilitate more cohesive constituencies, avoiding some of the anomalies that were described in Tuesday’s proceedings on the Bill. It would potentially reduce the workload of individual Members, which is now becoming quite onerous.
This House has no constituencies. Members do not carry the substantial burdens shouldered by Members of the other place. This House fulfils the role of a reflective Chamber. As such, it merits being smaller than the elected Chamber, as is the norm in other bicameral legislatures.
There is a case not only for this House being smaller than the Commons—a relative point—but for reducing the size of both Houses. I have form in making that case. I chaired a commission that recommended a reduction in the size of the House of Commons over time to 500. I have argued the case for this House to be no bigger than the Commons. Having smaller Houses reduces the pressure on resources, be it in terms of physical space or legislative proceedings. We are, I think, especially alert to the pressures on this House in terms of the number of Members seeking to intervene in time-limited proceedings. However, this is not a question of the convenience of Members. It is important from the perspective of the House if it is to fulfil its core role as a reflective Chamber. There is the danger of quantity overwhelming quality.
The Government also have form, but only in favouring a smaller House of Commons. This Bill stipulates a House of 650, but the Government would have preferred a House of 600. Why, then, has it argued the case for a smaller House of Commons but not for a smaller House of Lords?
Furthermore, what this Bill does is stipulate the number of parliamentary constituencies. The size of the House of Commons has varied. It has had a larger membership in the past, as a consequence of the number of seats in Ireland, but since 1918 the number of constituencies has varied between 625 and 659. The key point is that the number is set in statute. There is no such statutory limit for this House.
If a House of 650 is appropriate for the Commons, why not for the Lords? If there is a fixed number in statute for seats in the first Chamber, why do we not have a statutory cap for the number of Members of the second Chamber? A cap is an important discipline. Those wishing to be MPs have to compete for a parliamentary candidature. A set number for the upper House would impose a discipline on the Prime Minister of the day in nominating Members.
To argue that this House could not operate effectively if it was the same size as, or smaller than, the Commons, is clearly not sustainable. Following the enactment of the House of Lords Act 1999, the size of the House was very similar to that of the House of Commons. The number has expanded massively since, for reasons unrelated to what the House needs to fulfil its key functions.
If having 800 MPs will place too great a strain on resources in the Commons, why does a membership of 800 not place too great a strain on resources in the Lords? In short, what are the arguments against having a House of 800 in respect of the Commons that do not apply to the Lords?
This House has agreed, without a Division, that we are too large. We have pressed for action to reduce our size, making the case for a reduction in terms of output—that is, Members retiring from the House—and a limit on input, in the form of Prime Ministerial nominations. It has to be both if our size is to be reduced. That is key to the work of the Burns committee. The problem in seeking to reduce the size of the House of Lords lies not with the House but with the Executive—hence the following questions to my noble friend Lord True.
Do the Government accept, as the House does, that the House of Lords should be no bigger than the House of Commons? Why are the Government prepared to condone a second Chamber of 800 Members when they seek to limit the first to 650? I look forward to hearing my noble friend’s answers, and I beg to move.
Lord Hayward (Con)
My Lords, in light of the opening remarks of the noble Baroness, Lady Hayter, perhaps I might start with, “Rwy’n flin, dwi ddim yn siarad Gymraeg.”. For those who are not fluent in Welsh—as I have just proved that I am not—that was my attempt at “I’m sorry, I don’t speak Welsh.” All I wish to add in relation to the comments of the noble Lord, Lord Norton, is that I have signed and supported his amendment, which endorses the Burns committee report that was accepted by all sides of the House of Lords.
Baroness Deech (CB) [V]
My Lords, I support everything that the noble Lord, Lord Norton, has said and, therefore, I oppose this amendment, because it is clear to everyone that 800 MPs in this or any other legislature in the world is too great a number for ease of debate, expense, space, collegiality and concentrated expertise. Indeed, 650 Members of Parliament was thought to be too many, and it seems that that number has been chosen over 600 to avoid too many MPs losing their seats. If that is the case, 800 is certainly too large for this House as well, even though a substantial proportion rarely show up or participate. Even when we have been operating virtually and many of the barriers to physical arrival in the House have been removed, only about 550 have participated in votes. One is grateful to those who absent themselves because it relieves the pressure on facilities but, at the same time, one asks what they are doing accepting a peerage if they do not want to join in the work of the House.
In opposing this amendment, I call for a renewed effort to reduce the size of the House to a number comparable with the Commons. The fact that our efforts so far have turned out to be in vain is not our fault. This House, sadly, seems to be as unpopular as it has ever been, partly because of its size and partly because of unexpected appointments. It might have been more explicable if a practice recommended by the Lord Speaker’s committee of appending a notice to the announcement to a new appointment of how that person qualifies and expects to serve had been adopted. It is unpopular, too, because it has vigorously and repeatedly rejected the clear will of the electorate, expressed first in a referendum and then confirmed by two subsequent general elections, that they do not want to stay in the European Union. But I wish there was more understanding of our role as scrutineers of legislation and, on occasion, as the moral conscience of the nation—an issue that is likely to come up shortly.
On the issue of size, your Lordships know very well the sensible measures for reduction put forward by the Lord Speaker’s committee. We were progressing quite nicely with reduction until the addition of the new appointments made by this and previous Prime Ministers in the last few years. Despite the pledges made, it seems that Prime Ministers cannot resist the temptation of handing peerages to supporters and donors. There is no way that the House can defy the Writ of Summons calling them to Westminster. The size and composition of this House are also hemmed in by the presence of 26 Bishops and the hereditaries—elements that work to block a better gender balance. Therefore, we have to take matters into our own hands and ask the party groupings again to consider how each may reduce its share of membership. Some will have to be thrown off the life raft in order that more may survive. Rejection of this amendment is a spur to action, and I call on it to serve as such.
Lord Morris of Aberavon (Lab) [V]
My Lords, the points made by the noble Baroness, Lady Deech, on the size of the House of Lords are not quite relevant, with respect. When we discussed this before, I said—I was a lonely voice—that our efforts to reduce the size of the House of Lords were bound to fail because of the grim truth that no one could restrain future Prime Ministers. It is the like the puzzle you had as a schoolboy doing your 11 plus or the equivalent—filling the bath at one side and emptying it on the other; there is no means of controlling the end product. That is what I would say on the relevance.
The noble Lord, Lord Norton, whom we all respect for his contributions in this field, has put his case very strongly. There is no magic number of 650. Nobody has explained to me why it should be 650 and not 651 or 649, or whatever number is justified. There is no case in my view for reducing the present membership of the House of Commons. That is why I support the principle, whatever the details of the amendment proposed by the noble Lord, Lord Norton.
Being an MP is now much more demanding. In 41 years of representing my own constituency, things were fairly level. There were other problems, mainly industrial problems, but now the task of the MP has become much more difficult. There is an expectation, with the development of email, of instant action on behalf of a demanding constituent. I tried to pursue two professions—of being a Member in the House of Commons and practising at the criminal Bar—and I hope that I succeeded. I doubt that in the present circumstances, such are the demands on a modern Member of Parliament, one could have done the same thing for 41 years.
This is an important amendment. I support it on the principle that the greater the number of MPs, the lesser the chance of wrecking the physical make-up of the membership in Wales. Under the present proposals, the county that I represented in part would again be subject to a huge wrecking operation to justify an equality of numbers for each of the new constituencies. Therefore, the principle of the greater number helps me in my argument of trying to preserve representation that offers some degree of continuity. I used to speak for constituents; those were the people I represented. They value continuity, value the membership of the House of Commons and value the fact that they know who their Member of Parliament is. In my part of the world that may be more important than in a major industrial area, where perhaps there is more anonymity. In our area, it is important that constituents know who to go to when there is trouble.
I support this amendment very much, because it tries to meet present needs, and a reduction in the House of Commons to 650 is no more justified than the original proposal to reduce it 600.
Lord Blencathra (Con)
My Lords, I am speaking to your Lordships from the far end of the Room. It is not that I consider noble Lords extra-contagious, and I hope they do not consider me so, and I am not extra-social distancing; it is just the only place that I can get into in my wheelchair. It was an absolute delight to hear the noble Baroness, Lady Deech, speak, and I agree with every word she said. I hope that that does not do irreparable damage to her reputation, but there you have it.
First, I did not intervene at the end of the Minister’s last speech, but I was very surprised by the comments of the noble Baroness, Lady Hayter, for whom I have the utmost respect. I thought she was treated abysmally by Jeremy Corbyn, and I am glad she is back in position. I say simply that I recall from 1997 onwards that Tony Blair stuffed every single quango full of Labour Party apparatchiks and the Tory party is a bit slow in catching up.
I go back to the amendment in the name of my noble friend Lord Norton of Louth. I am afraid that I disagree profoundly with him. There are too many MPs already. I regret that we have gone back to 650 from 600, but I can live with that—I am okay with it. We will come to this later, under the next amendment but, in my opinion, Scotland is heavily overrepresented. Scottish MPs at Westminster have little to do and are earning money on false pretences. English MPs have to deal with all political matters, but Scots at Westminster have MSPs who do the bulk of the work. However, I shall say more about that under the next amendment.
The answer is not to have more MPs or Peers but to increase the powers of parish councils, district councils, county councils, unitary authorities and elected mayors, and to devolve authority down. I agree entirely that the House of Lords should not be larger than the House of Commons, but the answer is to cut the number of Lords and not increase the number of MPs. I am afraid that we have seen, as I said in my detailed report to the committee looking into the size of the Lords, that Prime Ministers will not play ball with recommendations voluntarily to restrict the number of Peers they create. They cannot and will not do it, for many well-known reasons. Like it or not, we are going to have to take matters into our own hands and, at some point, invent a system to have retirement of Peers over a certain age—whatever that may be—and chuck out those who attend less than 20% or 25% of our sittings. But that is for another occasion.
I will also say that MPs do not have a heavier workload now there are no longer MEPs. I am not sure that I ever had any constituents who went to an MEP to handle local problems. They expected the MP to do it. In my experience, most constituents who had a complaint about an EU proposal came to the MP.
I know that the noble and learned Lord, Lord Morris, said that, with email, people expect instant answers. That is the case, but there is also instant availability of the answers on government websites, and on information supplied by the political parties and by the House of Commons and House of Lords Libraries. I do not accept that the workload is so exceptionally increased that we need to increase the number of MPs. I hope my noble friend the Minister will reject the amendment. Admittedly, it was well argued by my noble friend Lord Norton, but I hope he will still reject it.
Lord Rennard (LD)
My Lords, the noble Lord, Lord Norton of Louth, made an interesting speech and made points that the Minister might find hard to answer, but he did not make a case for this amendment. The noble and learned Lord, Lord Morris, made an argument in support of it because he wants there to be more Welsh MPs, even if this means more MPs in every other part of the UK. However, I doubt that this proposal would ever make it into a serious party manifesto.
The key question for the Minister is whether the Government accept the principles of the Burns committee and agree with the House of Lords, which wants to reduce the number of its Members. The amendment is clearly born out of frustration that the Prime Minister has just appointed more than 30 new Peers. Perhaps the Minister will explain why.
Baroness Smith of Basildon (Lab)
My Lords, I congratulate the noble Lord, Lord Norton, on his ingenuity in bringing this amendment forward. I describe it as an enabling amendment. He hit the nail on the head. He said that one reason was to try to get the Minister to justify why any House with a size of 800 should be deemed acceptable. It also allows us to discuss a very topical issue that has been in the news recently and which gives us all cause for concern: the increasing size of your Lordships’ House.
It is relevant to discuss this when we discuss the size of the House of Commons and boundaries, because we cannot look at one House in isolation. The two Houses function as a Parliament. What happens in one, and any changes to one, impact on the other. The two come together. I agree with the noble Lord. It is incredible that the Government were talking about reducing the size the House of Commons at the same time as increasing numbers were being appointed to this House.
At this point, I should say that I find it very difficult to speak without moving my arms. I feel like I am in the language lab when I was at school in the 1970s. If noble Lords hear occasional clicking, it is because my hands have hit the sides. I find the Dispatch Box easier than a Perspex box.
The role of a Member of Parliament is becoming increasingly demanding. I know that a number of former MPs are here today. When I was a Member of Parliament I used to say that my work was in thirds, but not of equal sizes. A third of it was my constituency casework and another was advocacy work for the constituency. I used those two-thirds to inform my parliamentary work. It sometimes strikes me that MPs are finding it harder and harder to carve out the time for that work in Parliament to debate and engage with legislation. That is why our relationship with the House of Commons is so important, because that is the work we focus on. It has rightly been said that we do not have the constituency work or advocacy work, but we have to focus on legislation in a different way from MPs because we are not informed by constituency casework.
To me, that role has always been a very serious point about how our parliamentary system functions effectively. The noble Baroness, Lady Deech, is quite right. She made her own point in some ways when she said that people dislike the House of Lords partly because of its size and partly because of our role on Brexit. People thought that the House of Lords was trying to block Brexit. It never did. All the House of Lords can do is make suggestions to the House of Commons for it to have the final say. In some ways, we are like an advisory body that can be helpful to any Government and the House of Commons.
The Government often misunderstand the relationship between the House of Lords and the House of Commons as being the relationship between the House of Lords and the Government. Drawing a distinction between the House of Commons and the Executive is very important. Our challenge and scrutiny role has a purpose: to be useful and a benefit to the elected House. That is sometimes not a benefit to the Government, but that is not our role, which is to be useful and a benefit to the elected House.
Lord True (Con)
I thank noble Lords, including my noble friends Lord Norton of Louth and Lord Hayward, and all others who spoke. I particularly thank my noble friend Lord Norton for his typical ingenuity in transforming a Bill on parliamentary constituencies, referring to the House of Commons, into a House of Lords Bill 2020. I will address the points that he put, even though the purpose of Clause 5 is narrowly defined and keeps the House of Commons at 650. The Bill really is not a legislative vehicle for considering the size and membership of this place. But here we are in Committee in the wonderful, free House of Lords, whose revising greatness, historically, rests a great deal on the freedom of noble Lords to put forward amendments for discussion—a freedom that I personally greatly value.
I will come to the point about the size of the House of Commons, which can be dealt with fairly quickly. My noble friend was really asking about the size of this House and said, “What is the difference between the House of Lords and the House of Commons?”. We heard a number of the differences explained in the excellent speech by the noble Baroness the Leader of the Opposition. The roles of the two Houses are fundamentally different. Beyond that, this is—or has been, historically—a part-time House of expertise, with a broader pool of expertise. I cavil at using the term “part-time” because it implies that I think Members of your Lordships’ House, as in the nonsense said about them, turn up and do not do the work. This is an extremely hard-working House. Perhaps I should have said that it is not a full-time, professional political House in the sense that the House of Commons is.
A House that is a revising House benefits from a wide pool of expertise and, rightly or wrongly, historically, the House of Lords has worked in that way. When I first had the honour of serving your Lordships’ House as private secretary to the Leader of the Opposition in 1997, yes, there were Members who came very rarely in those days. Some spoke perhaps two or three times a year. But some of those individuals—and we all know some who are with us today—came with extraordinary expertise, from which the House benefited and which it listened to. I am not necessarily happy with the argument that the House of Lords must become more and more like the House of Commons—full of professional people who are here all the time. It has a different role. Historically, that has been the reason for a larger number in the House of Lords. The prescriptive history of the House and the process of creations was obviously also the historic reason.
There have been some criticisms of my right honourable friend the Prime Minister for creating new Peers. I am not going to irritate the Committee because I am in an emollient mood, particularly as I am about to try to persuade my noble friend to withdraw his amendment. However, it is the case that Mr Tony Blair created 354 Peers. The noble Baroness, Lady Smith of Basildon, reasonably said that Mr David Cameron created a very large number of Peers, including the Member of the House speaking at the moment. So clearly he was not absolutely accurate in his sense of everybody whom he should appoint, since he dumped me on your Lordships. But the point is that those very large numbers of creations had led to a great bump in the size of the House. To become displeased when a new Prime Minister wishes to make appointments is just a smidgen unreasonable.
The Government have acknowledged that the size of the House of Lords needs addressing but, given retirements and other departures, some new Members are required to keep the expertise and outlook of this place fresh and relevant. A number of ideas have been put forward. The Burns committee has put forward proposals and other statutory ideas have been put forward. The position of the Government is that any reform needs careful consideration and should not be brought forward piecemeal.
The previous attempt to reform your Lordships’ House, which did not find favour either in this House or in the other place, would have introduced an elected Chamber. Some of us are not exactly opposed to that; I have not always made myself popular on this subject with some of my colleagues. That would have achieved two things: a limit to the size of the House, and a House whose membership would have been refreshed by Dissolution. This would have addressed some of the problems that have been described. But that is water under the bridge; it is done and just a historical reflection. It is not to be taken as any kind of intimation of the policy of Her Majesty’s Government.
What I would reject—and this certainly would be the position of Her Majesty’s Government—is the idea put forward by my noble friend that the number in an appointed House should be fixed in statute and could not be increased. The noble Baroness the Leader of the Opposition rightly said that in some circumstances, that could not happen. If an unelected Chamber is in conflict with an elected Chamber, while the House of Lords is now unique, history and the past experience of other countries suggests that a Government must have the ability to make new creations. It was useful to the Liberals to threaten that in 1910 and useful to the Labour Party to threaten it in the 1940s and 1990s. The threat was not really necessary in the 1990s, but it was there.
The arguments for having a fixed number for an appointed House were had at some length on the peerage Bill in the early 18th century. The House of Commons took the view then, rightly, that it could not accept that the numbers of the House of Lords should be limited. So the idea of a cap—not allowing a Prime Minister of whatever party to make appointments beyond a certain number—is not something that could fly.
Although the noble Baroness, Lady Deech, supported the amendment, she referred to—this illustrates my point—the challenge, to use the word used by the Leader of the Opposition, that the House of Lords presented to the other place last year over Brexit. If there were a cap on this House and the House of Commons, with the support of the British people, resolved to go in one direction and the House of Lords, in its wisdom—as it saw it—took a line in the other direction, that would be a recipe for constitutional mayhem of a high order.
The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
My Lords, I have received a request from the noble Baroness, Lady Smith of Basildon, to speak after the Minister.
Baroness Smith of Basildon (Lab)
My Lords, I will speak briefly. First, I make a plea to the Minister never to refer to this House as a part-time House. He half-corrected himself but this House often sits longer and later than the House of Commons. We are a full-time House. The only difference is that not all Members are full-time Members of your Lordships’ House; they have other interests and activities. We are a full-time House but not all our Members are full-time.
I want to make a couple of points. The Minister said that reform cannot be piecemeal because it must be considered. Reform can be both considered and piecemeal. Most reforms in British constitutional history have been quite gradual. That does not mean that they have not been considered; they have just taken a step-by-step approach, not the big bang approach. The Minister harked back to ducks and tabby cats; I would liken the House of Lords more to a tabby cat than to a duck.
The night in question, when the Minister and I had many discussions late into the night, went later than either of us wanted to be here in Parliament, but potentially the point the Minister is missing is that, after the conflicts that he referred to, both the 1911 and the 1949 Parliament Acts constrained how the House of Lords works. It is quite clear that we have an advisory role and that the House of Commons has primacy. We do not block legislation, we have no intention of blocking legislation and we have no remit or legitimacy to block legislation, but we have an opportunity and an obligation to advise the House of Commons on the basis of the information that we have.
On the Minister’s point about a Prime Minister needing to be able to appoint lots of Peers to get their legislation through, I am not aware of anything that Boris Johnson would have more difficulty with in the House of Commons than in the House of Lords. Even on the rule of law, I suspect that his colleagues in the House of Commons are not terribly happy with him, but that is not why he has appointed these 36 new Peers. It is nothing at all to do with legislation; it is a Prime Ministerial whim and a numbers game.
I am grateful for the Minister’s comments on the size of the House of Commons being 650 Members. There is something that we can agree entirely on.
Lord True (Con)
First, as I hope I indicated in my remarks, I accept the strictures of the noble Baroness on the phrase “part-time House”. It is a House whose expertise derives in part from the presence of people who are here part-time and bring us their expertise, which is a slightly long-winded way of saying the same thing. I think I said specifically that I would not want anyone to run away with that remark and say that that is what I think of your Lordships’ House. I revere it.
With that correction, I will not detain noble Lords further but I will bank the statement by the Leader of the Opposition that this House’s role is not to block legislation. We shall test those words in the coming weeks and months.
Lord Norton of Louth (Con)
My Lords, I am grateful to all those who spoke. The noble Baroness, Lady Smith, just made two of the points that I was going to make but that will not stop me making them anyway.
The noble Baroness, Lady Deech, supported my case by speaking against the amendment; the noble and learned Lord, Lord Morris of Aberavon, supported my case by speaking for it. I am not whether that means that I am more skilled or abysmal at drafting amendments than I thought.
That leads me to the point made by the noble Baroness, Lady Smith. She argued the case for a formula linking the size of the House of Lords to the membership of the House of Commons. I agree; indeed, I tried to devise an amendment on that very point but getting it within the scope of the Bill was problematic, which is why I moved the amendment I did. The noble Baroness and other noble Lords will appreciate that sometimes one must go through some contortions to produce an amendment that will trigger a debate. I speak as someone who, a few years back, moved an amendment to the Psychoactive Substances Bill that would have had the effect of banning the manufacture and sale of alcohol. I realise that it was not going to go anywhere—it was not designed to—but it drew attention to a problem in that Bill.
I have four points to make, two of which the noble Baroness just made in response to my noble friend Lord True. One of her points was that the two Houses have different functions. Of course they do; that was precisely my point. Deriving from that is the case for the House of Lords to be smaller than the House of Commons, given the functions that it fulfils. We are a reflective House. We do not have an outward-facing role in the same way that the Commons does, with Members having to deal with constituencies in relation to their role and in relation to the Executive. The functions are very different. We fulfil different roles, and we add value to the political process by fulfilling that reflective role. Deriving from that, we do not need to be quite so big or, indeed, as big as the House of Commons.
Secondly, as was just touched on and as the noble Baroness stressed, this is not a part-time House. It is very much a full-time House, with some Members who work part-time, if you like, because they do their day jobs then come in to provide their expertise. It did a very good job in 1999 when we had more or less the same number of Members as the House of Commons, so unless my noble friend the Minister is going to argue that it was doing a worse job than now, again, there is no case for the arguments that he has advanced in terms of size.
My next point—again one that the noble Baroness touched upon—relates to my noble friend saying that reform should not be piecemeal. Well, the reform that has been achieved has been piecemeal; it has been the grand schemes brought forward by government that have got nowhere. Those piecemeal changes have I think been well considered—I speak as someone who drafted one of the Bills—and have achieved a great deal. Had we not achieved the House of Lords Reform Act 2014, just think what the size of the House would now be. We would be moving in the direction of the size of the House when we had the hereditary Peers and all the problems that derived from that.
Finally, while I am not saying that we should have a statutory number, there is a case for considering it. My noble friend did not really make an argument against that and I draw attention to the fact that it is not at all unusual for nations to have a set number of Members of their second Chambers. There is not really a clear argument against that. I am not necessarily beating the drum for it; I just say that there is no strong argument against it.
So I am not persuaded by any of the points that my noble friend made—he will not be surprised to hear that. I wanted to tease out the stance of the Government and allow us to continue to make the case—as the House has agreed, without a vote—that we are too large and that steps should be taken to reduce the size of the House. We can move towards that; the Burns recommendations create the means for achieving that. We can have a smaller House that fulfils its key functions and adds value. This House fulfils a very important role that is demonstrably different from that of the Commons. That is why it adds value, and that is why we should serve to uphold it. That would, I think, be facilitated by having a smaller, not a larger, House. We should follow Burns and try to reverse the direction of travel when it comes to the size of the House.
So I am, as I have said, grateful to all those who have spoken. I have made all the points that I think are important in this context, and I am extremely grateful for the support I have received from other Members. I am sure that this is something we will continue to pursue but, in the meantime, I beg leave to withdraw the amendment.
The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
Before I call the next group, I have had a request for Members in the room to speak up a little, because I think it is hard for Members, particularly those at the far end, to hear what is going on. It is not made easier by the extraneous noise outside. So if people could perhaps speak a little closer to the microphone, it would be appreciated by the noble Lord who I can see at the end of the table.
We now come to the group beginning with Amendment 14. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.
Amendment 14
“(2) Rule 3 of Schedule 2 to the 1986 Act (allocation of constituencies to parts of the United Kingdom) is amended in accordance with subsections (3) and (4).(3) After rule 3(1) insert—“(1A) The number of constituencies in Wales shall not be less than 35.”(4) In rule 3(2), at the beginning insert “Subject to rule 3(1A),”.”
Lord Hain (Lab) [V]
My Lords I beg leave to move Amendment 14, in my name and those of my noble friend Lord Grocott and the noble Lords, Lord Wigley and Lord Rowe-Beddoe. I am especially grateful to my noble friend Lord Grocott for adding an English voice.
Since the Parliamentary Voting System and Constituencies Act was passed in 2011, the subsequent boundary reviews have disproportionately impacted Wales. The 2013 review slashed the number of seats by a quarter from 40 to 30—a huge loss of representation, had it been implemented. The 2018 review was even more savage, with Wales expected to lose 11 of its 40 seats. Even under current proposals, which maintain the total number of MPs, Wales is set to lose eight seats—fully a fifth. Whichever way you look at it, Wales will be the most punitively and uniquely impacted of the four nations.
Such a ruthless cut in the number of seats, coupled with the unique Welsh geography, which can see constituencies vary drastically from vast rural ones that are sparsely populated, such as Brecon and Radnorshire, to the densely populated small urban constituencies in Cardiff and Swansea, will have a brutal impact on parliamentary representation in Wales.
Lord Wigley (PC) [V]
My Lords, I support Amendment 14 in the name of the noble Lord, Lord Hain, to which I have added my name. It addresses the level of representation that devolved Wales should have in the House of Commons.
As the noble Lord, Lord Hain, described, Amendment 14 provides for a minimum of 35 MPs from Wales. Two distinct issues are at stake with regard to the appropriate level of representation from Wales and they are interrelated. We shall return to the second, the appropriate size of constituency, on which the noble Lord, Lord Hain, has commented, when we debate Amendment 22, so I will not go on to that aspect now. The first and more fundamental issue is whether Wales—or, for that matter, Scotland or Northern Ireland—should, as some suggest, have fewer MPs in future compared with the level that we have enjoyed in the past because we now have our own elected legislatures.
The question arises as a direct result of the ad hoc system of devolution that has been developed over recent years. When non-devolved issues such as general taxation and social security—or, for Wales, policing—arise, it is totally unacceptable that Wales should have a lesser voice because of the existence of our own legislature, dealing with other matters such as education or housing. If it is unfair for Welsh MPs to legislate on English matters, as is quite arguable, it is the same unfairness as having English MPs voting on matters relating to Welsh-language television, for example, as is currently the case. Those difficulties would be sorted by a federal or confederal constitution, but as successive Governments at Westminster have refused to face such anomalies, I am afraid that they have to live with the consequences or cobble up some ad hoc system such as English votes for English laws, which is not entirely satisfactory.
These anomalies certainly do not justify the overall reduction in the number of Welsh MPs because of our unbalanced or inconsistent devolution settlement. Amendment 14 proposes a de minimis of 35 MPs—a reduction of five seats compared with the present level but well above the 29 seats recently advocated. The reduction of five seats is a recognition that relative population is a valid consideration, but it leaves some legroom and flexibility to take on board community considerations, which we will discuss later under Amendment 22.
Amendment 14 is a compromise. I could well make the case that the appropriate level should be maintained at the current 40 Members. The noble Lord, Lord Hain, and I, as well as other supporters of the amendment, are being pre-eminently reasonable. The amendment offers the possibility of a sensible compromise and I commend it to the Committee.
Lord Foulkes of Cumnock (Lab Co-op) [V]
My Lords, these hybrid proceedings are very strange. I was in the Committee Room on Tuesday, so I know that my face is appearing on large screens in front of those noble Lords who are present—quite a frightening prospect.
Lord Foulkes of Cumnock (Lab Co-op) [V]
Indeed it is—I can see that already. Here at home we are at least spared the glass boxes that I suffered on Tuesday.
I am once again speaking up for Scotland, as I do from time to time, after the eloquent speeches by the noble Lords, Lord Hain and Lord Wigley—my good friends. I was happy to see Wales go first in the argument, because it has a strong case to put forward. It is totally wrong for Wales as well as Scotland to lose seats in this review and it needs to be reversed. That is why I tabled Amendment 23, which seeks to protect the number of seats in Scotland at the current level, so that Scotland is allocated 59 constituencies, including the two protected constituencies of the Western Isles and Orkney and Shetland.
Like the noble Lord, Lord Hain, I am not making a political argument. Indeed, some people might say that it is against our interests, as the SNP has so many constituencies in Scotland at the moment. Of course, that is merely a temporary situation, which will be reversed at the next election.
Perhaps I can give a little history. When I was first elected, in 1979, there were 71 constituencies in Scotland. That was when there were only 635 constituencies, not 650, in the United Kingdom as a whole. My noble friend Lord Hain referred to the unique position in Wales. I know this sounds a little strange, but Scotland is even more unique than Wales. Can I say that? I am not sure. We certainly have our own peculiarities. I will give the Committee just some examples.
The largest constituency set out in the Boundary Commission for Scotland’s proposal was Highland North, at 12,985 square kilometres. That is about the size of Yorkshire, eight and quarter times the size of Greater London, five times the size of Luxembourg and larger than Cyprus and Luxembourg put together. Indeed, the three largest proposed constituencies—Highland North, Argyll, Bute and Lochaber, and Inverness and Skye—cover 33,000 square kilometres. To put that in context, the three constituencies would cover over 40% of the area of Scotland, which is larger than Belgium. The two constituencies of Highland North and Argyll, Bute and Lochaber would cover an area larger than Slovenia. These large constituencies would also include several island areas, which makes MPs’ travel across them even harder. In fact, the constituency of Argyll and Bute already contains five airports.
Lord Grocott (Lab) [V]
My Lords, it is my pleasure to give my strong support to both these amendments from my noble friends Lord Hain and Lord Foulkes. It is an oversight on my part that I have not actually signed the amendment tabled by my noble friend Lord Foulkes. As this is a virtual Parliament, perhaps he can now accept my virtual signature. The amendments are quite similar. They establish minimum numbers of MPs who should represent these two countries.
If it is not too presumptuous to say so, I thought it was quite important that an English voice from an English constituency should take part in this short debate. As I shall argue, these two amendments have significance for the whole United Kingdom. However, in my case, it does break the habit of a lifetime in politics—in fact an iron rule of it—of avoiding making political interventions in either Scotland or Wales. It is a cause of some nervousness, but not in this case. It is a question of the representation not just specifically in those two countries but in the United Kingdom as a whole.
Looking at some of the thankfully now-aborted, deeply flawed boundary proposals based on the 600 constituencies, I, like everyone else—like every other former MP—was focusing almost entirely on the effect on my own constituency, perhaps to the neglect of other parts of the country. I can still remember the absolute shock when I was told by friends representing Welsh constituencies that the number of seats in Wales was to be reduced by a quarter. To me, that was absolutely staggering. It was crass. It could only have been the result of some calculating machine operating somewhere—as we know it was—on a very tight formula for electorates of constituencies and with total disregard for pretty much everything else.
I will not go into any more detail as it has already been dealt with thoroughly by my noble friends. In addition to the point that has already been made about the huge significance to the constitution of the country as a whole, a Boundary Commission would be disregarding all that, including geography, history and culture—it is invidious to mention anywhere in particular, but let us say from the valleys of south Wales to the Highlands of Scotland and everything in between—and the massive contribution that MPs from constituencies in those countries have made to the Westminster Parliament. I will not begin to tot up the number of Prime Ministers, Cabinet Ministers and heaven knows who else who have come from there. It really was constitution-making on the hoof, but with regard to only one rule.
I have no hesitation whatever in saying that more factors need to come into play in drawing the electoral boundaries of the United Kingdom than a simple arithmetic rule. The proposals from my noble friends for a minimum number of MPs from both countries seem to be a very sensible structure. If that were to be adhered to, it would be to the benefit of representation and a voice from them. It would benefit the United Kingdom, and it would benefit the variety of opinion, the depth of experience and the representation of unique communities that the House of Commons should rightly pride itself on. I support the two amendments with enthusiasm.
Baroness Humphreys (LD) [V]
I thank the noble Lord, Lord Hain, for tabling Amendment 14 and for presenting us with the opportunity to debate the impact of this Bill on the number of parliamentary constituencies in Wales and for his excellent introduction to this amendment. As we know, Wales has 40 MPs. If the recommendations in the Bill come into being and constituencies of near equal numbers of voters are created, it is estimated that this would result in the number being reduced to somewhere around 32—or, as the leading north Wales newspaper’s headline proclaimed:
“Proposed boundary shakeup ‘could see Wales lose a quarter of its MPs’.”
At a time when it is important that the voice of Wales is heard in Westminster, this reduction in representation is a real disappointment. By making all votes count equally throughout the UK, Wales will lose eight or perhaps even nine MPs to England.
If the Government care about all votes counting equally, could I recommend that they adopt a fair, modern and proportional voting system to represent properly the political views of all voters in the UK? I think that many people in Wales are beginning to view the country’s political future in a different light. We know already that as a small country we are massively outnumbered, as it is, by our larger neighbour. This reduction in the number of Welsh MPs will further unsettle voters.
However, attitudes towards our relationship with England and the union are changing. Devolution and, ironically, Covid-19 are contributing to that. A YouGov poll published on 1 September showed that more than twice as many people trust the Senedd as trust Westminster to look after the interests of Wales. The people of Wales are turning their backs on the union with England in another way. While preparing for this debate, I reread the speech I made in October last year in response to the Queen’s Speech. I spoke about the independence debate in Wales and the growth of what is termed the “indy-curious”—those people in Wales who do not consider themselves to be nationalist but are curious about independence and open to it. At the time I made the speech, I think around 6% of the Welsh population were in favour of independence. By June this year, the figure had risen to 25% and the latest YouGov poll taken in August shows 32%, the highest figure ever recorded in favour of Welsh independence.
For me, maintaining the status quo would be the ideal. We are rather comfortable with the 40 parliamentary constituencies we have now, but I accept that that is probably a non-starter under the Bill. I regretfully accept that there is very little likelihood that the Minister will agree to the proposed number of Welsh MPs being increased, despite the excellent case made by many speakers in Grand Committee today, but I would be delighted if the Minister proved me wrong.
Fortunately for Welsh voters, there is a way to redress the balance. The Senedd has legislated in Wales for more than 20 years, with only 60 Members. It desperately needs more. As the McAllister review concluded in 2017, the National Assembly, as it was then, needs more Members as its powers continue to grow in order effectively to hold the Welsh Government to account and deliver for the people and communities of Wales—now even more so.
As our representation and voice in Westminster look likely to be reduced, it is not only logical but right that our Senedd take the tools they need to do their job. The Welsh people now understand the value of devolution and the Senedd and the challenge is for political parties to be clear with the electorate as we approach the Senedd elections next year and make the case for increased representation in Cardiff in their manifestos. If Welsh voters are to lose out in Westminster, they cannot and must not also lose out in Cardiff.
Lord Morris of Aberavon (Lab) [V]
My Lords, I support the amendment so ably moved by my noble friend Lord Hain, as is his custom. He was my political neighbour for many years. I represented Aberavon and he represented Neath. I am not going to take up too much time expanding on the observations I made at Second Reading. Indeed, I made the same points almost exactly word for word in the debates on the earlier Bill from the coalition Government. I could see that there had been an obvious increase in Welsh representation over the years. I suspect the reason has been that the Boundary Commission has not wanted to upset unduly the status quo and has taken the easiest route by expanding membership. I suspect it looked at Wales, as it knows it well. In fairness, there were strong arguments for it: first, the affinity with local government; secondly, the advantage of continuity; thirdly, the particular needs of constituencies with the run down of traditional heavy industries; and lastly, the unwritten rule manifested in practice almost without exception over a long period of time that the number should not fall below 35. Can the Minister tell us exactly when and on what occasions and for what period the figure went below 35? I have not gone into the history of the matter, and I hope the Minister will be able to give us the answer to that specific question.
Lord Blencathra (Con)
My Lords, I listened very carefully to the noble Lord, Lord Hain, expanding on his amendment. While he was talking about the unique difficulties of these extremely large Welsh constituencies and the difficulty of travel, I must confess I was quite sympathetic. When he concluded his remarks, I did a little Google search to find out the largest constituency in Wales. It seems to be Brecon and Radnorshire; the twelfth largest in the UK, it is 1,164 square miles. When I read that, I changed my mind and thought, “Lord Hain, so what? Big deal. Dry your eyes and get over it”. My constituency in the Lake District was 1,450 square miles and stretched from the Irish Sea on one side to the Pennines on the other where it was closer to the North Sea than to the other side of the country. If I wanted to travel from the Scottish border to its southern extremity, it was only an hour on the M6, even sticking to the legal speed limits. If I wanted to go from west to east, it was at least two and a half to three hours on minor and difficult roads. I am not quoting that as a sob story, merely to point out that Wales is not entirely unique in having large constituencies. I think the Richmond, Yorkshire constituency of the noble Lord, Lord Hague, was the second largest to mine, although he did not like to hear that.
In a spirit of being helpful, I did not want to be too provocative and stir up the noble Lord, Lord Foulkes of Cumnock. I cannot call him my noble friend but, in some ways, he is my noble pal because we worked together at the Council of Europe. I was tempted to put down an amendment reducing the number of Scottish constituencies to 30. However, I realised that if he was present physically, or even on the large screen, that could cause a bout of apoplexy, so I did not do it. I do not know if Scotland is unique, but the noble Lord, Lord Foulkes, certainly is and the House of Lords is a better place for it.
Scotland—and, to a certain extent Wales, but I do not know much about that—does not need all these excess MPs because the MSPs are doing the majority of the work. I remind the Committee of the matters devolved to Scotland which MSPs are in charge of, taken from the Scottish Government’s website: agriculture, forestry and fisheries; education and training; environment; health and social services; housing; land use; planning; law and order; local government; sport and the arts; some forms of taxation; and many aspects of transport. That is what MSPs do; United Kingdom MPs from Scotland do not have those matters to handle. The reserved matters, in which they can legitimately have an interest and on which they can claim to be working, are: benefits and social security, which I accept is quite a big one; broadcasting; constitution; defence; employment; equal opportunities; foreign policy; immigration; and trade and industry.
Those noble Lords who have been Members of Parliament in the Commons will realise that the former category of devolved matters involves the vast bulk of constituency work. Scottish MPs only have to do the reserved matters; English MPs have to do the whole shooting match—everything that is devolved to Scotland and all the reserved matters as well. I was interested to hear the noble Baroness, Lady Humphreys, say that in Wales most people now seem to accept that the Welsh Assembly Members are the real powerhouse. They are the ones who do all the work and people are increasingly looking to their Welsh Assembly Members to fix all their problems, not the United Kingdom MPs from Wales who come to Westminster.
It cannot be right that we have so many Members of Parliament from Scotland and Wales who are doing half the workload of English MPs. It is notable that all the advocates of these amendments have talked about constituency size in geographical terms, not about the number of constituents or the much-reduced workload for United Kingdom representatives from those countries. That is not right. Rather than halve their salaries, I would like to see their numbers cut to equate to their responsibilities. I am therefore happy to support the Bill in its present form.
Lord Bruce of Bennachie (LD) [V]
My Lords, I support Amendment 23, in the name of the noble Lord, Lord Foulkes. I apologise for not having signed it, because I agree with it wholeheartedly. I could not agree less with what the noble Lord, Lord Blencathra, has said. Not only is he being provocative, but he has knowingly missed an important point.
During my time as an MP and a candidate, I experienced four boundary reviews and I know how disruptive and traumatic they are. The first-past-the-post system sets great store by the connection between an MP and his or her constituents; boundary changes weaken, and can destroy, this, as the noble and learned Lord, Lord Morris, pointed out. This is why the commission should seek to minimise disruption and retain community and geographical links as far as possible. At a time of tension in relations across the UK, a reduction in the number of MPs representing its devolved parts will not be well received.
When I embarked on my parliamentary career, we had 72 MPs in Scotland. Following devolution, we now have 59— just over 9% of the total. The change was made for a particular reason: the effect of devolution. The rural constituencies in Scotland are now, on average, larger areas than their counterparts in the south, in spite of everything mentioned by the noble Lord, Lord Blencathra. They are further away from London and, in most cases, certainly when they are from the north of Scotland, MPs have to fly in order to attend the House of Commons. Travelling time to, from and within constituencies is often greater and it is not practical to nip back for a constituency event during the parliamentary week, other than in exceptional circumstances. It is true that, prior to devolution, details of Scottish policy that are now handled by Holyrood were decided by Westminster. Much of domestic policy is now devolved, but that is why we had the reduction in MPs previously, as the noble Lord, Lord Foulkes, pointed out.
The Government are embarking on a range of radical proposals which have far-reaching implications for Scotland and the future of the UK. I completely refute the case that Scottish Members of Parliament—or Welsh or Northern Irish ones for that matter—will have less work to do. On the contrary, this Government’s cavalier lack of interest in the continuation of the United Kingdom means that they will have far more to do than they have had since devolution began. Right now, apart from this Bill, there are the immigration, Trade, Agriculture and internal market Bills, which require detailed scrutiny by representatives from Scotland as well as Wales and Northern Ireland. I have been, and will be, involved in debates on these Bills, seeking to strengthen the devolution settlement and moving us towards a more federal union. Yet the Government are resistant to requiring consent to legislation from the devolved Administrations or considering a form of qualified majority voting to balance the fact that England can always outvote the devolved legislatures.
It is argued that numbers should prevail, but federal countries such as the USA, Canada, Germany and Australia all provide checks and balances between the centre and the parts that make up the whole. For example, California has two senators, as does Wyoming, which has the smallest population of all the United States. I understand the case for approximately equal numbers, but I believe that this can lead to unsatisfactory outcomes. Through the different boundary changes during my time in Parliament, my constituency started out in Aberdeenshire; then it was part of Aberdeenshire with part of Aberdeen; then part of Aberdeenshire with parts of Banffshire; then, finally, part of Aberdeenshire with part of Aberdeen, although not the same part. The Aberdeen part was the northern suburbs, which was confusing as the constituency of Aberdeen North did not include the northernmost wards of the city. All this makes a mockery of the special link between the MP and the constituency, although I was fortunate enough to get myself elected, in spite of these changes, on seven separate occasions.
When the Scottish Parliament was set up, the Westminster constituencies and those for the Scottish Parliament were the same. This was not sustainable when the number of Westminster constituencies reduced. At the foundation of the Scottish Parliament, the Gordon constituency had an MSP and an MP for the same territory. Once the boundaries were changed, the constituency then included parts of east Aberdeenshire, parts of west Aberdeenshire and parts of Donside, which caused further confusion for almost everybody. Even more frustrating, at the start of each boundary review, the electorate of Gordon was almost exactly on quota. The noble and learned Lord, Lord Morris, seemed to have had the same issue. Yet the Boundary Commission drew up the boundaries of the surrounding constituencies and took chunks out of Gordon to make up their numbers, which is why I had so many radical constituency changes. I did manage to persuade the Boundary Commission to keep Huntly in Gordon, given that it was the seat of the Dukes of Gordon and the recruiting base for the Gordon Highlanders. It would have been pretty ironic to keep the constituency name and remove the Gordon connection.
I hope the Boundary Commission will have learned from previous reviews and take seriously the need to minimise disruption between Westminster and Holyrood boundaries and anomalous breaches of community links. However, its task will be made harder if amendments such as these and other related ones are not accepted to change this rigid application of numbers, with a totally cavalier disregard for the implications for further tensions in the United Kingdom. The Government are not prepared to consider how the devolution settlement can be updated to allow the devolved Administrations to have a genuine say in UK decisions, rather than a situation where the United Kingdom can overrule them.
Lord McNicol of West Kilbride (Lab)
For me, this is about priorities. I suppose that is what I shall try to appeal to the Minister about. My priority is the future of the union and what I see, if the Bill goes through in its current form, as the undermining of its unity. The argument we are getting back is that the priority has to be the number of electors in a constituency, the size of the constituencies and how that gives equal weight to votes. However, as we heard on Tuesday, our current first past the post system for Westminster, although I support it, does not offer equal votes with equal responsibilities. We would have to change the electoral system, which I do not want to do, to get to a situation where votes are of equal value.
On Tuesday, the noble Lord, Lord Blencathra, got half of it right and half of it wrong. The half that was right was about the devolution of powers to mayors, the nations, local authorities, councils and local councillors, which I fully support. However, one of his big attacks, which he repeated today, was on numbers. I touched on this at Second Reading: currently, Scotland, Wales and Northern Ireland have 117 constituencies, with London and the south-east having 156. If these proposals go through, Scotland, Wales and Northern Ireland would be reduced to 106, with London and the south-east having 164. Even within the history of United Kingdom, MPs in London and the south-east would easily be able to outvote those from Scotland, Wales and Northern Ireland.
That takes me back to the priority of the union. The best way for us to protect the union, which I think the vast majority, if not all, of us in the Grand Committee want to do, would be to have the voices, concerns and issues of constituents, communities and people across the nation aired well and loudly in Westminster. These reductions in Scotland, and in Wales, as we have heard from far more eloquent speakers, will undermine that. The points that my noble friends Lord Foulkes and Lord Hain made about geography and community are absolutely right and important, but my appeal to the Minister is that if we can retain what we have, we will give those who seek to undermine and break up the union fewer arguments. If we move forward with the proposals as they are in the Bill, it will enhance those arguments for the break-up of the union.
Baroness Randerson (LD)
I want to speak specifically about Amendment 14. I am glad to see it on the Marshalled List, because it raises some important and specific issues about the situation in Wales, introduced very ably by the noble Lord, Lord Hain.
The reference to the 1944 Act in this amendment reminds us that Wales has always been accepted as a special case. In terms of population, its smaller rural constituency sizes have been accepted as a practical necessity. The formula that the Government propose would see 32 Welsh constituencies, which is clearly inadequate. Some would argue, as the noble Lord, Lord Blencathra, has, that, now that Wales has devolution, it no longer requires this protection.
My answer is that the Senedd still has unrealistically low numbers of Members—only 60. That is quite out of kilter with Northern Ireland, for example, which has a smaller population and 90 Members of its Assembly. As it has gained more powers, the Senedd has a greater rather than a lesser problem; it is now within the Senedd’s own power to increase its size, and it has been Welsh Liberal Democrat policy for many years that there should be greater powers for the Senedd and at least 80 Members. If that were to be the situation, we would not oppose a reduction in the number of Welsh MPs. I considered tabling my own amendment on this, but I could not find a way to cast it that would be acceptable because, as I said, it is the Senedd that decides its membership, and I very much hope that it goes on and approves an increase in membership very soon.
The news yesterday and today in Wales is dominated by the UK Government’s internal market Bill, but in Wales there is an additional concern about it because the Government intend to recentralise some powers that were previously devolved. MPs from Wales will therefore apparently be busier than they are now, so it seems a strange time to cut the numbers so drastically.
I looked at the predicted numbers across all the nations of the UK; the totals give a stark picture of 10 more MPs for England and eight fewer MPs for Wales. It sometimes seems that this Government neglect no issue in their attempts to alienate the devolved nations. I warn them not to take Wales for granted. My noble friend Lady Humphreys has pointed out the increasing support for independence. Yesterday’s resignation by David Melding, the Conservative shadow Counsel General in Wales, makes the point that this is not just a nationalist flurry. David Melding is an ex-Deputy Presiding Officer for the Senedd and one of the leading Conservatives in Wales.
When we argue for the special factors in Wales, it is geography which usually dominates the debate. There is an old joke: if Wales was ironed flat it would be as big as England. The mountains are our glory, but they are also powerful barriers, and there are so many of them. In the north there is Snowdonia, in the middle, the Brecon Beacons, and in the south, dividing the valleys. I live in Cardiff, and have to cross Caerphilly Mountain, or go a very long way around the bottom of it, to get to the next local authority. Combining valleys in one constituency means combining totally different communities, served by different local authorities and services. It already takes two or more hours to drive from one end of Brecon and Radnorshire to the other, so combining it with another constituency is clearly ridiculous, as the noble Lord, Lord Hain, said. All this makes a powerful case for the importance of the Electoral Commissions continuing to take into account local community ties and identities, as they always have.
The truth is that no single system is appropriate for every type of area across the UK, from the Cities of London and Westminster to Orkney and Shetland. In Wales, we have a specific additional factor that must be considered: the Welsh language. It is by far the most developed and flourishing UK minority language. I was proud to be the very first Minister for the Welsh language, and I initiated a strong programme to support and encourage its use. It was all community-based. The language’s areas of strength are geographically based in the west and north of Wales, although nowadays even areas of Cardiff are recognised as Welsh-speaking areas. It would be a mistake to fragment those Welsh-speaking communities by dividing them into different constituencies.
I realise that a number of other parts of the UK might claim a similar distinctiveness. My noble friend Lord Tyler’s Amendment 20 makes a similar point about Cornwall. The following group of amendments that will be considered this afternoon, to which I will not speak, relates to the different percentages that might be used as the permitted variants, and includes Liberal Democrat Amendment 16. These are all ways of attacking the problem that the current 5% variance is too tight to avoid constant reorganisations of constituency boundaries. I hope that when these variations are discussed, this can happen alongside consideration of the importance of local community ties and characteristics.
The proposal for 32 Welsh constituencies is clearly a product of an inflexible approach and an attempt to standardise the fundamentally different parts of this United Kingdom. The 35 seats suggested in Amendment 14 is one way to tackle the issues. Liberal Democrat Amendment 16 is another. It is a different approach, and I hope that they would achieve similar outcomes; they both have similar intention, and I urge the Government to accept one of the proposed compromises.
Lord Lipsey (Lab)
My Lords, I was thrilled when in introducing this debate my noble friend Lord Hain thanked my noble friend Lord Grocott for participating as an Englishman but did not thank me. That was quite right, because I have been for 25 years now living half my life in Wales. I am only a little behind my noble friend Lord Hain, who started in Neath in 1991, so I speak now—officially anointed by my noble friend—as a Welshman. I am not going to speak about Wales—there has been a wonderful hwyl about the geographic specialities and peculiarities of my adopted country; no doubt I could persist in that. I am afraid that I am going to speak about crude politics.
We are constantly told that this is a Conservative and Unionist Government, who want to save and protect the union. We are all of us familiar with the threat to the union from Scottish independence, but I am afraid that I detect—I hope that I am wrong, but I do not think I am—a growing threat in Wales. Polls have been referred to. At the beginning of the year, only 19% of Welsh voters were in favour of an independent Wales; that reached 25% in June and 32% in August, when polled by YouGov. That is sharp increase in sentiment in favour of an independent Wales.
We also have elections coming up for the Senedd next year. Not all people in Wales have the great enthusiasm I have for the current Administration in Cardiff, but what are those who do not want to vote Labour supposed to do? The Lib Dems are past their peak down our way. The Welsh are not naturally Conservatives. Brexit or one of those lot? I doubt it. Quite apart from increasing sentiment for independence, there will be a strong temptation to turn to Plaid.
Lord Rennard (LD)
My Lords, I sympathise with many of the sentiments expressed by those who want to protect some of the principles of existing constituency representation in Wales and Scotland, but there is a need to agree a set of rules that can apply across the UK for drawing up constituency boundaries for MPs serving in a UK Parliament. We must look to how best to address all these concerns fairly.
First, I think we need to go back a little in history. In 1996 I was the joint secretary of what became known as the Cook-Maclennan committee, which drew up proposals agreed between the Labour Party and the Liberal Democrats to legislate for the creation of a Scottish Parliament and a Welsh Assembly. The plans were good and were quickly enacted following the 1997 general election, but the Labour Party chose not to legislate for the 144-Member Scottish Parliament agreed by all parties in the Scottish Constitutional Convention, nor for the 80-Member Welsh Assembly, as it was then called. It legislated instead for a 129-seat Scottish Parliament and a 60-seat Welsh Assembly. I understand why, for its own interests, it wanted less-proportional outcomes in those elections, but it was wrong in its calculations.
More significantly, given the increased powers given to these devolved Parliaments since 1999, more consideration must now be given to increasing the number of parliamentarians in those places, as suggested by my noble friend Lady Randerson a few minutes ago. This would be instead of simply trying to suggest that different rules should apply for drawing up Westminster constituency boundaries in different parts of the UK. We need fair rules everywhere, and this requires greater flexibility in those rules.
The noble Lord, Lord Hain, described some of the potential consequences to constituencies in Wales that featured in the proposed reviews based on the process legislated for in 2011, but I urge him and his party colleagues to look carefully at Amendment 16 in my name and that of my noble friend Lord Tyler. It gives the Boundary Commissions more latitude, while preserving the agreed principle of the Bill. It allows them to take more account of special geographic considerations including the size, shape and accessibility of constituencies, their existing boundaries, local ties and the need to avoid unnecessary disruption.
The best hope for those sympathetic to these amendments is to be found in Amendment 16, which provides greater flexibility for the Boundary Commissions than any other amendment.
Lord Tyler (LD) [V]
My Lords, I have listened with great interest to this very interesting debate. Some powerful contributions have been made, not least by fellow Celts—I speak as a Cornishman. I have a great deal of sympathy with what they are saying, not least in their emphasis on human geography. After all, in the end, all these proposals will not be there for the benefit of elected MPs, or indeed anybody else in the political system; they must be there to serve the people of the areas concerned. It is the human geography that is important. In that context, it is important for all of us who have been MPs to remind your Lordships’ House that when we are elected we are not there just to support, endorse and help only those who happen to be on the electoral register but to support all those who live in the areas concerned. For example, I do not recall ever asking anybody who came to me for help whether they were registered on the electoral roll.
The one thing I found very disappointing about this debate was from the noble Lord, Lord Hain, with whom I have worked in the past and for whom I have a great deal of respect, right back to his radical days as a young Liberal. He of course was a very distinguished member of the Government my noble friend Lord Rennard just referred to; the Government who introduced the first major steps to affording devolved representation at Holyrood and in Cardiff and the powers needed to do a job for those nations. To not see this Bill in the context of the very successful devolution that took place then and that has taken place since is a major disadvantage. I was very glad that my noble friends made reference to that in their contributions.
We Liberal Democrats are concerned about the threat of a disunited kingdom, if I may quote the noble Lord, Lord Lipsey. However, we are also extremely concerned that the forthcoming devolution White Paper for England represents a major change too. As we have very unequal representation at the national level within the United Kingdom, we are in danger of a major political and constitutional problem.
My noble friends referred to the long-standing commitment that we have had for a federal constitution for the United Kingdom, which would take account of the needs of the different nations. In addition, however, we have been firmly committed to the principle of subsidiarity, and reference has been made to that in this and previous debates on the Bill. We believe that decisions should be taken as close as possible to the people who will be affected by them. Therefore, we take very seriously indeed the extent to which we have not been able to extend devolution to parts of England.
Those who have been the strongest protagonists for improved and strengthened devolution powers in Cardiff and in Edinburgh must recognise that English citizens are at present deprived. Even though we have a form of devolution in Cornwall, we would dearly love to have the same sorts of powers that are currently exercised in the Senedd or in Holyrood. Incidentally, the point made by my noble friends about the lack of sufficient membership in the Senedd is extremely valid. As my noble friend Lord Rennard just reminded the Grand Committee, that was not what was intended at the outset in 1999.
I believe that this set of proposals, however powerful, has to be seen in the wider context of the whole of the United Kingdom. If the Bill goes through in its current form, with 650 Members for the whole of the United Kingdom, I must assume that the Minister will, in a few minutes, tell the Grand Committee that every additional Member that is allocated to Wales or to Scotland means fewer for the rest of the United Kingdom. It would be irresponsible just to ignore that point.
As has already been said, there are a number of constituencies in other parts of the United Kingdom that are very big indeed—big both in geography and in the difficulty of representing them adequately, and most importantly, as I said at the outset, big in their human geography. It would surely be folly to ignore that particular lead, simply by trying to deal with the problems that may result in rural Wales or the highlands of Scotland.
As it happens, I know both those areas quite well, as I will explain when we come to the amendment dealing with the current constituency of Brecon and Radnorshire—I know that constituency extremely well. I recognise the special case which can be argued for that part of Wales—of its rurality and the difficulty of communities coming together in an area like that—or indeed in the highlands of Scotland. I had the privilege of going to campaign for the then Member of Parliament in that area, and for the noble Lord, Lord Bruce, when he was the long-standing and much-respected Member for Gordon. We may need to take special account of both those areas, and it will be the human geography, as well as the physical geography, that will need our attention.
As my noble friend Lord Rennard suggested, when we come to the next group of amendments—particularly the amendment in my name and his—we may be able to find some way of dealing with such special circumstances. I very much hope so, and I hope that Members on other sides of the House and in this Grand Committee will also see the advantage of coming to a firm decision, but one that is applicable throughout the United Kingdom, to deal with the particular problems which have been referred to at this stage.
I look forward with interest to how the Minister will attempt to square the circle. I am sure he will share with all of us the concerns expressed about the service that can be given to people in areas described in this debate. However, I do not think it necessarily will require a major change between the different nations, and therefore a diseconomy between the attitude that is given to Wales, Scotland and Northern Ireland and to other parts of the United Kingdom.
Lord Lennie (Lab)
My Lords, thanks are due in particular to the noble Lords, Lord Hain, Lord Wigley, Lord Foulkes and Lord Grocott, for speaking to this amendment. Between them, they made the essential points. I will not go into too much detail of what I wish to say, but it is about the geography of Wales and Scotland and how that relates to the rest of the UK.
The noble Lord, Lord Hain, said that it has been a ruthless, if not brutal, exercise in seeing the proposed move from 600 seats to 650 seats. The noble Lord, Lord Foulkes, made the point that geographic size matters, despite the noble Lord, Lord Blencathra, saying that the noble Lord, Lord Hain, should dry his eyes and get on with it. That would be an unwise piece of advice, given the current state of the union in the United Kingdom.
The noble Lord, Lord Grocott, reminded us of the massive contribution that has come from Welsh and Scottish politicians to the whole of the UK, and it is hard to underestimate the numbers—we referred to Prime Ministers and others—who have come to represent this country.
The noble Lords, Lord Lipsey and Lord McNicol, made the crucial point: the impact that this decision will have upon the survivability of the UK. As we know, the SNP has a majority in Scotland and is promising, or threatening, another independence referendum. In Wales, the mood about whether it needs to strengthen its independence from the rest of the UK is getting stronger. If this Parliament gets this decision wrong, it will have those kinds of consequences. While I am sure that the Minister is thinking very carefully about this, I ask him to bear in mind the consequences on the whole of the UK of the decisions to be made about Wales and Scotland.
Baroness Scott of Bybrook (Con)
My Lords, the two amendments in this group seek to fix the number of constituencies of two nations. Respectively, they propose that, in Wales, there should be a minimum number of 35 and, in Scotland, the current number of 59 constituencies should be retained.
A number of noble Lords brought up the union, and I begin by reiterating that we are committed to equal representation across the United Kingdom and within the constituent nations of our union. Updated and equal boundaries will ensure that every constituent nation in the United Kingdom has equal representation in the UK Parliament and will deliver parity of representation across the United Kingdom’s constituencies. The measures in the Bill that address fairness and equality are designed to strengthen the ties between the four parts of our country. We know that a vote has the same value whether it is cast in England, Wales, Northern Ireland or Scotland. Each voter’s contribution to the important matter of choosing a Government will be even more clearly a shared and joint endeavour among all nations of the UK.
The Government strongly believe that, for something as important as the right to choose the Government of the day, equality and fairness must be the overriding principles. It is in everyone’s interest that our political system is fair and that votes carry a more equal weight throughout the country. If we let some constituencies stay smaller than others, voters in those smaller constituencies will have more power than those in larger ones. That cannot be equitable.
I add that there are no proposals in the Bill to reduce the number of seats in Scotland and Wales—the Boundary Commissions decide on that at each review. If there were a mass population increase in any part of Scotland or Wales, they would get more seats than they already have, and that is the same across the whole United Kingdom.
I thank the noble Lords from Wales and Scotland. I wrote a list: from Wales, we heard the noble Lords, Lord Hain, Lord Wigley and Lord Lipsey, the noble and learned Lord, Lord Morris, and the noble Baronesses, Lady Humphreys and Lady Randerson. From Scotland, there were the noble Lords, Lord Foulkes of Cumnock, Lord Grocott, Lord Bruce of Bennachie and Lord McNicol. These noble Lords obviously love their countries and spoke very strongly for them, but this is not a Bill to discuss the geography of Wales or Scotland, or even, as we heard from the noble Lord, Lord Blencathra, the Lake District. The time for that is when the Boundary Commission comes in.
Within the current rules set out in the legislation, the Boundary Commission continues to take into account factors such as physical geographical features, including the mountains we heard about, rivers, local government boundaries and local ties. It is therefore important that all local people, from politicians to ordinary members of our communities, get involved. As politicians, we should be the ones to encourage people to get involved in those reviews. There will be written representations during the first consultation stage, public meetings in the second, and then a third consultation stage. That is when the issues raised so clearly by noble Lords this afternoon will be taken into account. The Boundary Commission rules say that they must be.
There are some other issues to raise. The noble and learned Lord, Lord Morris, talked about seats in Wales. I had a little look: the last time that Wales had 32 seats was in 1826. Interestingly enough, in 1945, there were two Scottish MPs for every Welsh MP. That is how unequal it was then; it is now three to two, but it still needs more work, that has to be said.
I also thank the noble Lord, Lord Blencathra, for his support, but I must say that, when the Scottish Parliament came into existence in 2005, Scotland took a reduction of 13 constituencies. It is important that Scotland, Wales and Northern Ireland have equal weight in our UK Parliament. It is Parliament that looks at tax, immigration and defence, which are important things for the people of the whole of the United Kingdom. Therefore, equal representation really matters.
There was quite a bit of talk from noble Lords about tolerance. Later in Committee, we will debate a number of amendments tabled on this issue. They are closely related: by setting a fixed or minimum number of constituencies in a particular area, they dictate that the Boundary Commission will not be able to apply the same tolerance in those places as it is obliged to implement elsewhere. Cementing certain numbers in Scotland and Wales—based, I assume, on your Lordships’ hunch that those numbers sound about right—will enshrine electoral inequality. As I have tried to explain, that is exactly what we are trying to move away from.
Under the current legislation, a mathematical formula called the Sainte-Laguë method—I have notes on it but do not intend to explain it—is used to allocate constituency numbers to each of the four nations on the basis of their electorates. This method is widely used internationally and is recognised as one of the fairest ways to make this type of distribution. It is rational and just and should be maintained, not just for England and Northern Ireland but all four nations.
Amendments 14 and 23 take a very different approach. They ignore the notion that a vote in Aberdeen or Aberavon should be the same as one in Aylesbury. The ratio of citizens to MP should be broadly similar across the union. In effect, the amendments would establish separate and lower electoral quotas for Scotland and Wales, providing no justification to the electors of England and Northern Ireland for why that should be the case.
Based on electoral data from 2019, we could expect to see an average constituency size of approximately 67,500 people in Scotland and 66,000 in Wales, while all constituencies in England and Northern Ireland would be pegged to the UK average of approximately 72,500. In fact, the Boundary Commissions for those less-favoured nations might struggle to keep within a 10% range of the electoral quota because, as a result of Scotland and Wales’s allocations being earmarked, they would have fewer constituencies than they might have usually expected over which to spread their electorates.
This approach is neither fair nor rational. It flies in the face of the equality that the Government seek to achieve for the United Kingdom and which was endorsed by the other place. I urge the noble Lord to withdraw his amendment.
The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
I have received requests to speak after the Minister from the noble Lords, Lord McNicol and Lord Lipsey. I first call the noble Lord, Lord McNicol of West Kilbride.
Lord McNicol of West Kilbride (Lab)
I want to come back to the Minister. The Government seem to put all their weight behind the equality of the number of electors within constituencies, and have said that all the arguments from all the noble Lords who spoke in the debate are irrelevant because we would move away from equal votes of equal weight across the nations.
How does the Minister explain the exemptions that there are already in place for the islands? Yes, they are islands, but in accepting that they are special cases because they are islands, you are accepting the premise that there can be exceptions. I think that, with the arguments made—specifically the point about protecting the future of the union—these exceptions for Wales and Scotland should outweigh this crass, simplistic, mathematical argument.
I just repeat, because it is really important: under our current electoral system, which I support, if we were to make the changes proposed in the Bill and constituencies were of a similar size within quite a small variation, a single vote in Lerwick would still not be the same as a single vote in Luton. With our electoral system, you cannot make that argument.
Baroness Scott of Bybrook (Con)
The five protected constituencies are islands, as the noble Lord has already said, and I think an island is different. The islands need to be of a certain size in order to merit this, but I think that is correct.
I have mentioned the fact that it is for the Boundary Commissions to listen to these arguments about the specifics of constituencies, and that is not just for constituencies in Wales and Scotland; I am sure, as we have heard already today, that similar issues may arise in certain parts of England. Each constituency is unique; every single MP in this country will say that they have a special constituency with unique features which needs unique ways of dealing with these issues.
So, I am sorry, but I do not agree. I think that islands are different, and that is why we have further brought the Isle of Anglesey into this. Any local issues of geography and community should be brought up with the Boundary Commissions when they do their reviews.
Lord Lipsey (Lab)
I will just, if I may, correct the Minister on a minor point. She listed among the Scottish Members present my noble friend Lord Grocott. As he was born in Watford, educated at Leicester and Manchester and represented English seats, including The Wrekin, I wonder if she might withdraw that little error.
Baroness Scott of Bybrook (Con)
I am sorry; I am very happy to withdraw that. He was supporting the cause of Scotland.
Lord Hain (Lab) [V]
My Lords, I thank all who have participated in the debate, beginning with my noble friend Lord Wigley, whose passion for Wales wins huge respect and affection not just in Wales but in your Lordships’ House.
My noble friend Lord Foulkes spoke eloquently about Scotland, but I think that he will nevertheless agree that Wales is impacted far more punitively and that this amendment is far more moderate than his.
I also applaud the noble Baroness, Lady Humphreys, for making the point that twice as many voters trust the Senedd as trust the UK Parliament. That is a pretty salutary figure. She also made the point that there has been a rise in support for independence from a frankly derisory figure that would disappoint my noble friend Lord Wigley up to nearly a third—a point also made by a self-adopted Welshman, my noble friend Lord Lipsey. This should worry the noble Baroness the Minister.
I express gratitude to my former MP neighbour, my noble and learned friend Lord Morris of Aberavon, who has served in public life with such distinction. I agree strongly with his phrase about the wholesale “wrecking” of representation in Wales, which this Bill represents. It is important, as he says, that people know who their MP is.
The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
Meanwhile, does the noble Lord beg leave to withdraw it?
The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
A little later than we planned, the Committee will now adjourn for 15 minutes.
The Deputy Speaker (Lord Bates) (Con)
My Lords, we now come to the group beginning with Amendment 15. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.
Amendment 15
Lord Lennie
“Electorate per constituency
(1) Rule 2(1) of Schedule 2 to the 1986 Act (electorate per constituency) is amended as follows.(2) In paragraph (a), for “95%” substitute “92.5%”.(3) In paragraph (b), for “105%” substitute “107.5%”.”
Lord Lennie (Lab)
My Lords, if we did not know it before, we now know that this will be an important issue, and it might go on for a little while. I do not intend to delay progress with a lengthy speech. I want to make what I think are the essential points about 7.5% replacing 5% tolerance levels in the Bill. Incidentally, we can almost safely ignore the amendment from the noble Lord, Lord Forsyth, which is coming later, to reduce the size of tolerance to 2.5% as simply ridiculous. It is never going to happen—but I know it will be debated.
So why 7.5%? It would set variance levels against the normal size of constituencies to allow the Boundary Commissions sufficient latitude to determine where boundaries lay. Incidentally, when the figure of 600 constituencies was proposed, 5% tolerance levels were still part of the proposed legislation that never saw the light of day. That would have given a variance higher than the 7.5% based on 650 constituencies, given that the size will significantly reduce. Therefore, the numbers do matter to the argument. This is important to constituents because it will make it less likely that they will move from one constituency to another, allowing MPs, as we heard on the previous day in Committee, to build bonds and relationships with their constituencies.
The reason why 7.5% seems sufficient comes from evidence taken in the Commons Select Committee from Dr Rossiter, who demonstrated that having tolerance levels of up to 8% has a significant impact on constituencies—and after that it is a diminishing return. I therefore argue that 7.5% is a better level at which to set tolerance than, say, 10%, which will be argued by my noble friend Lord Lipsey, because the amount of benefit between 7.5%, 8.5%, 9.5% and 10% is significantly less than on the way up to 7.5% from a 5% tolerance level.
There is a difficulty in the redistribution of, say, 16,000 electors to neighbouring constituencies in the event of one ceasing to exist, and the knock-on effect is felt most in neighbouring constituencies. However, it is not just in these that the impact happens; it happens as a ripple effect across county areas, beyond these into other counties and so on. That impacts on the relationship between constituencies and local authority boundaries and therefore makes it more likely that we will have ward splittings and all kinds of other means by which the Boundary Commissions can set constituencies at the 650 level with the 5% tolerance applying within them.
The ripple effect becomes more of a wave. Therefore, by giving tolerance levels the variation that we seek, you reduce the disruption to electors and the impact on the relationship between elected representatives and constituents, and you increase the political stability that is felt and needed in terms of the ongoing relationships that exist between constituents and their representatives.
In giving this presentation, I am also grateful to Greg Cook, who is a long-time researcher of these things. He has conclusively shown that these variations are not the thing upon which outcomes of elections are decided. This is not a partisan plea from the Labour Party to seek greater influence in the outcome of elections. What determines these outcomes are events that take place as a result of Governments’ and Oppositions’ competence in responding to the challenges that they face: the “events”, as Macmillan called them, not the size of the tolerance levels around constituencies. If you broaden the tolerance levels, you give the Boundary Commissions a greater chance of getting constituencies that are right and felt to be so by communities and their elected representatives.
So I ask the Government, before concluding this position, to think carefully about what works best in the interests of the whole nation.
Lord Grocott (Lab) [V]
My Lords, these various amendments remind us of a fundamental and inherent contradiction in a key aspect of this Bill. That is to say that, on the one hand, we are told repeatedly by the noble Lord, Lord True, and the noble Baroness, Lady Scott, that the whole heart and function of the Bill is to provide as near as possible arithmetic equality in the way in which constituency boundaries are determined, and that that is the thing that matters most. Some quite elaborate language is used to describe “fair votes” and “equal votes”; I stopped jotting down the number of times that these phrases were used by Ministers but, when Hansard is available for this Committee stage, I will make a little note of them all, because this is at the heart of the justification throughout.
That is on the one hand but, on the other hand, of course, we have—as has been mentioned from time to time—the section of the Bill dealing with protected constituencies, where precisely the reverse applies. It says that mathematical accuracy is an irrelevance and that what matters are geographic matters and cultural issues, as well as issues of accessibility, natural boundaries and the rest. For the avoidance of doubt, I emphasise that I totally agree with there being constituencies in that category. All I am saying is that some of the common sense that has led to that decision should be applied to the other 645 constituencies in the United Kingdom.
Even if you take barriers and natural boundaries—the sea is one, of course—the best that Ministers could ever say was that they are all islands, but of course some of them are made up of several islands. While the sea is a barrier, so is a mountain range or a river estuary, when it is difficult to get from one side of the estuary to the other. There is nothing in the rules that prevents you having anything other than constituencies that go across river estuaries because you have to keep to the precise mathematical formula.
Lord Tyler (LD) [V]
My Lords, I wish particularly to speak in support of Amendment 16 in my name and that of my noble friend Lord Rennard. Inevitably, I need also to refer to some of the others in this group which offer slightly different solutions to the fundamental problem with this Bill that we all agree is so apparent. I hope that the noble Lord, Lord Grocott, will break the habit of a lifetime and support a Liberal Democrat proposal, because I think that it would absolutely and precisely meet the circumstances to which he has just referred.
All those who have been carefully examining the psephology on which this Bill is predicated will have been hugely indebted to the independent and non-partisan academic analysis by the late Professor Ron Johnston and his colleagues. This was the core of the evidence presented to the Commons Public Bill Committee. In brief, it proved conclusively that the proposed very limited 5% permitted variance in almost all constituencies, except of course for the five exempted ones, was not an essential requirement in the context of the Government’s anxiety to improve the equality of vote value that they repeatedly claim to be their objective in this legislation. My noble friend Lord Rennard will give further details of that analysis.
Meanwhile, there is common ground across your Lordships’ Committee that the insistence on the 5% variance straitjacket, imposed on the four Boundary Commissions, will result in the following problems: first, more changes with 650 constituencies than were proposed with the previously proposed 600 constituencies; secondly, more regular changes for more constituencies and more reviews; thirdly, more consequent knock-on changes even to adjoining constituencies that are themselves within the prescribed limits; fourthly, more disruption of historic and naturally cohesive communities; and, fifthly, more disconnection between MPs, councillors and the public, at more regular intervals, than is either necessary or desirable. It is disruption which is going to be the name of the game if we let the 5% stand.
We were told during the coalition that these latter reasons were basically those that motivated the then Conservative Leader of our House to recommend to the Prime Minister that the variance be 10%. I mentioned on Tuesday that some 20 of those who contributed to the Second Reading debate, from all parts of the House, expressed concern about the 5% limit at present in the Bill. We can, perhaps, take it as read that there is a strong argument for more flexibility. The question in this debate is how we should adjust the figure.
Our Amendment 16 recommends a normal 8% variance but permits each of the Boundary Commissions to explore the validity of 10% where exceptional circumstances demand it, in each of the nations of the UK. That would be very relevant to the concerns expressed about local problems to be addressed in the previous debate. This might include avoiding crossing major administrative boundaries—for example, in English counties and unitary authorities—or greater problems of rurality and limited transport links, or other special factors. Paragraph 5(1) of Schedule 2 to the 1986 Act makes detailed references to which we can refer and to which our amendment refers. My noble friend Lord Rennard will pay special attention to some of those.
I recall that in my then North Cornwall constituency, before boundaries were redrawn, to drive from one advice surgery at one end to the next one at the other end could take 90 minutes in winter but up to 150 minutes at the height of the summer holiday season. The noble Lord, Lord Grocott, might note that that involved getting around an estuary. Let us compare that with some inner-city constituencies where a similar electorate can be conveniently served by a short cycle ride or even an energetic jogger.
As has been emphasised by all participants at all stages of the Bill, our prime concern should be for the effect on the individual residents, groups and communities in a distinct area rather than their political representatives or local political parties. That is why we prefer our formulation in Amendment 16 to those in Amendment 15 or Amendment 17. The former seems to us too restrictive and not to recognise the special local circumstances to which I have referred. Some areas will certainly require more variation than 7.5%. I think that is widely acknowledged across the Committee. The latter provides so much variation universally that it fails to accept the significance of a smaller number of potential constituencies with unusual requirements. However, the common cause we all recognise is that the unacceptable level and regularity of disruption, implicit in this current 5% straitjacket, must be avoided. Between now and Report we may be able to achieve a consensus on the optimum solution.
Finally, I suspect that the author of Amendment 19 has not had the advantage of educating himself by reference to the exhaustive independent academic analysis to which I referred earlier. The rest of us hope that the Minister will accept the strength of the case for greater flexibility that so many of your Lordships are advancing. I hope that he is listening.
Lord Lipsey (Lab)
My Lords, I think the noble Lord, Lord True, had only just entered the House, in 2010, when we did the 2011 Bill late into the night, night after night. I do not know how that relates to his extreme reluctance to draw any time limit to business tonight or determination to get to the Government’s target. We may well make it anyway, but it would be very disappointing if we were left short of time to have these important arguments. Indeed, it would only prolong Report in a way that none of us would really want to see.
I will focus, because I do not want to speak for any longer than I have to, on the central logic that underlies the Government’s proposal of 5% in this Bill, which, as the Minister said earlier—I thank him giving me the text—is that each vote must have the same value. The Government realise that they cannot achieve that just through boundary changes. The only way for each vote to have equal value would be to have PR on a national scale, and then each vote would have equal value indeed. I suspect that there is no majority even in this Committee that would favour that approach; most of us would like to see a preservation of the constituency-based system, for very good reasons. Therefore, we do not want to see complete equality of votes.
The more you look at this proposition of the equal vote, the less it stands up. First, the Bill does not pretend to provide equality of votes; within the 5% each way margin, it provides equalities of electorates, which are very different things, because turnouts are very different in different seats. The Government are not even potentially achieving the objective that they have set themselves of equality of votes. Equality of electorates is no doubt a useful surrogate, and you could imagine a system—I could design one, given a few months—in which the Boundary Commission was told to project the likely turnout in each seat, and do that within 5% each way. I do not think that that would prove a very comprehensible system, although it would certainly be a sensible and logical one if you really wanted to equalise votes. But the Government do not really want to equalise votes—they just say they do. They just want to equalise electorates, and there it can.
The second problem with this argument about equalising votes is that only some votes count. Only votes in marginal seats count; all the rest of the seats are in large piles. The occupants of safe seats build up huge majorities, and they make no difference whatever to the national result—nor, when people go and cast those votes, have they any reason to think that it is even remotely possible that their act of civic discipline will change the result of the general election one iota. This is not a sensible goal when most votes do not count under the system that the Government provide.
Thirdly, if you start to look at results and not just high theory, we actually have a gross inequality in votes. Each Conservative Member at the last general election had the support on average of 38,300 voters. For each Labour MP there were 50,800 votes. But to get a Liberal Democrat in required 336,000 votes nationwide, so there is a factor of 10 in the efficiency of vote use against the Liberal Democrats. Interestingly, with all this talk about Scottish and Welsh representation, it may be said that the present system greatly favours Plaid and the SNP. The SNP needed only 26,000 votes per seat, and Plaid only 36,000—less, even, than the Conservatives, so they were favoured by it. But it is a grossly unequal system. There may be good reasons for that, but it is not an equal system. It takes the wind out of the argument that this is somehow a Bill about inequality.
Let us get away from electoral theory and go into the practice of the matter. What you are trying to do with boundaries is to weigh up various important factors and reach some kind of balance. There is no religious solution or mathematical formula that does it for you; you are trying to get to a reasonable solution. Yes, reasonable equality of votes is one factor that should be taken into account. We do not want to go back to Old Sarum, with its two voters choosing a single Member. There has to be reasonable equality between the sizes, but there are many other extraordinarily important factors that have to be weighed.
Lord Foulkes of Cumnock (Lab Co-op) [V]
My Lords, it is a great pleasure to follow the erudition of my noble friend, in every sense of the word, Lord Lipsey, whose amendment I support. He gave us a very good analysis of the Minister’s obsession with equal votes, pointing out that in safe seats, it does not have much of an influence. He also referred to turnouts. There is also the scandal of non-registration of many people who ought to be on the voters’ roll. There is a whole range of issues there and no one knows them better than my noble friend Lord Lipsey.
I did not want to intervene after the speech by the noble Baroness, Lady Scott of Bybrook, but I was a wee bit disappointed by her response to the last debate. I am afraid that she did not seem to understand some of the issues. I hope she will do some homework before we get to Report, because this is a very important matter. As I gather from the conversations that took place while we were adjourned, everyone agrees that this is an important issue.
We will come again to the general issue of flexibility at the next session of the Committee when we deal with my amendment in relation to local ties versus arithmetic, and the constant obsession with getting each constituency arithmetically as near as possible to the others rather than taking account of local ties. This matter and others that we have already debated are all part of the issue of getting some flexibility.
The Government seem to be obsessed with 5%. The Minister needs to explain why 5%. Why have they come across this? Why is 5% particularly the figure that they have arrived upon? I look forward to hearing the explanation. My noble friend Lord Lennie in his introduction argued the case convincingly, using some very powerful arguments, for much greater flexibility.
I look forward with even greater fascination to an explanation by the noble Lord, Lord Forsyth, of why 2.5%. I cannot think of any rational explanation whatever, except that, for once, the noble Lord may want to make the Government appear reasonable by making 5% a good balance between 2.5% and 10% It would be an interesting occasion to see the noble Lord take this opportunity to make the Government seem reasonable. Usually, he is—effectively and correctly—undermining, challenging and questioning of what this awful Government are up to.
I support my noble friend Lord Lipsey’s amendment. I want more flexibility so that council boundaries can be taken account of in Scotland, as well as Scottish Parliament boundaries, natural boundaries such as rivers, estuaries, lakes and mountains, and community ties as well.
When I was thinking about arbitrary lines, I remembered how the British imperialists in Africa drew straight lines and said, “This side is Uganda and this side is Kenya”, or whatever it was, not taking any account of community or historical connections whatever. It was just appropriate so that the British masters went in and ran their parts of the Empire, and they were arbitrarily drawn. Maybe this is not quite as arbitrary as that situation, but it reminded me of it. We must take account of local interests and community, of where people shop and where their schools are; all these kinds of ties need to be taken account of.
That is why I think 10% is the right figure. It does not mean that there has to be a variation of 10%; it just gives the Boundary Commissions flexibility. The commissions need to look at the constituencies carefully, and if they do not think there needs to be a big variation then they will take account of that.
I strongly support my noble friend Lord Lipsey’s amendment, and I am looking forward with real excitement to the following speaker, my “noble friend”—I use inverted commas because he is not my noble friend politically but he is in other senses of the word—Lord Forsyth explaining how 2.5% can be in any way be sensible.
Lord Forsyth of Drumlean (Con) [V]
I am very happy to follow the noble Lord, Lord Foulkes. I am not sure he is right about me not being supportive of the Government. I am very supportive of the Government, but it is our role in this House to hold the Government to account.
I did not speak at Second Reading. I thought it was a perfectly sensible Bill implementing a pledge from a manifesto on which the Government obtained a substantial majority, and that pledge was to update and create equal parliamentary boundaries. The Bill has been supported by the House of Commons, whose main concern this is, so I am very surprised that so many colleagues in the House of Lords want to second-guess the electorate and indeed the Commons by seeking to amend it in the way that I have listened to today and that I have read in previous debates. I am delighted that the Government have abandoned the coalition idea of reducing the number of constituencies from 650 to 600, and I very much support the Bill.
I have to say that I was hugely amused by the speeches from the noble Lords, Lord Lennie and Lord McNicol, on an earlier set of amendments, passionately arguing against what is intended here, which is to create equal constituencies. This is a measure that people have argued for since the last century; indeed, it was a central plank of the Chartist movement that they wanted 300 electoral districts consisting of equal numbers of inhabitants. I take the point that we have not yet got to the stage where the electoral roll includes all the inhabitants, but we can and should work towards that as part of a good democracy. However, for people whose heritage in the Labour Party is the Chartist movement to argue that we need something different from that when the Bill seeks to achieve it, and when the voters in the general election endorsed it so strongly, was, shall we say, interesting. The Bill seeks to introduce those equivalent constituencies.
The noble Lord, Lord Foulkes, said that he thought 10% was the right figure. I have to tell him that plus or minus 5% is a 10% variation, and plus or minus 10% is a 20% variation. These numbers that appear small are actually very large if they are plus or minus. My amendment would simply recognise that when people talk about 5% they are really talking about plus or minus 5%, and therefore it suggests that the figure should be plus or minus 2.5% to allow for a 5% variation between constituencies. The noble Lord, Lord Lennie, just dismissed that out of hand and said it would not happen. I have news for the noble Lord, Lord Lennie: I do not think any of these amendments are going to happen because this measure is what the Government won an election on proposing.
What has been central to the debate this afternoon, at Second Reading and elsewhere is that you have to choose. Either you have identifiable communities or you have equivalent votes. This Bill is about equality of seats.
Lord Shutt of Greetland (LD)
My Lords, the amendments in this group are mainly to do with promoting constituencies that are genuine, from a community standpoint, rather than percentage purity. Percentages are useful, but they are a tool; community and geography should trump them. The Committee just heard from the noble Lord, Lord Forsyth, on his amendment, which would make the job of the Boundary Commissions even more difficult than the Government have. The House of Commons Library tells us that the quota is likely to be in the area of 72,600, so 2.5% either side of that would mean a flexibility of no more than 1,800 either way—that is people, not percentages. This would be far less than most local government wards and would lead to the splitting of both wards and polling districts in all but the smallest of rural wards. That amendment would make a poor Bill worse.
The other three amendments all attempt to improve the lot of the Boundary Commission in, hopefully, getting cohesive constituencies based on genuine communities. The flexibility offered by the 5% tolerance from the quota gives 3,600 people—not percentages—either side of it. Amendment 15 would move that up to 5,400. Amendment 16 would move it up to 5,800, or 7,260 in certain cases. Amendment 17 would shift the figure to exactly 7,200. An amendment being tabled next week would move it up to 10,900 in Wales. I trust that we can manage to consolidate these amendments at a later stage.
One of the fallacies of being in the grip of percentages is that the 5% used in the 2018 proposals for the 600-seat House of Commons—which are now well behind us—gave a tolerance of 3,900. These present proposals would reduce that further, as the noble Lord, Lord Lennie, alluded to earlier.
I often try and look at the other fellow’s viewpoint. We can learn a little of Her Majesty’s Government’s thinking by going back in history. Over the years, the inner-city constituencies lost population and the suburbs increased. Conservative politicians thought that meant that their constituencies were disadvantaged. Perhaps the breaking down of the “red wall” might change that a bit.
I am pretty certain that greater flexibility will assist principally in giving, let us say, a modest-sized town its own seat, rather than having to lose a bit of it to another seat or having to take in a small part of a rural area just to make up the numbers. It is of course far easier to use the building blocks of wards and polling districts to build constituencies in large cities. Small towns and large seats in rural areas are the ones that will really benefit if we can change this business of percentage purity. I hope that we can do something to make the geography and community sense of our constituencies real for people to absolutely understand.
The Deputy Chairman of Committees (Lord Bates) (Con)
With the consent of the noble Lord, Lord Hayward, I call the noble Lord, Lord Blencathra, next.
Lord Blencathra (Con)
My Lords, these are important amendments—among the most important in the Bill. I congratulate all noble Lords who have made such telling arguments about the need for flexibility so that communities and local links are retained intact, and made them with a straight face and an earnest tone. For a moment or two, I was almost convinced, then I came back to reality.
All of us in this Room may not in a technical sense be noble friends, but we are political colleagues. Let us in the closeness of this Room, with no one listening in, be honest with one another about the arguments that we have all made to inspectors hearing constituency boundary inquiries. All noble Lords who were MPs, myself included, have sat at inquiries and made the most earnest arguments that boundaries should be changed or not changed because, as I said at Second Reading, they conformed with local travel-to-work areas, social habits, local boundaries, communities, cultural norms, mountains, lakes and rivers which could or could not be crossed, motorways, shopping habits or ancient history such as the routes followed by King Edward III when he invaded Scotland in 1356.
It is always a pleasure to listen to my pal, my noble friend Lord Foulkes of Cumnock; I think that he would have made an excellent governor-general in parts of Africa in his dress uniform and cocked, plumed hat. However, I care to bet that, at some point in his distinguished career as a Member of Parliament for Carrick, Cumnock and Doon Valley—is that not a magnificent name?—the noble Lord would have quoted Rabbie Burns as justification for including or excluding a part of Ayrshire. After all, there were few parts of the county to which Rabbie Burns did not wander in his travel to work as an exciseman or travel for favours in pursuit of many bonnie Jeans and bonnie lassies.
I think that I had a run-in my noble friend Lord Hayward who, wearing his hat as a national Conservative Party expert on constituencies, had a plan for boundary redistribution in Cumbria. At that time, Carlisle had about 50,000 electors, while I had more than 80,000 and the largest geographical constituency in England. Thus it made sense that part of my constituency should be added to Carlisle. I opposed it on the selfish basis that I did not want to give away part of my 18,000-strong majority, and the Labour Party strongly opposed it on every ground under the sun when the real reason was that it was afraid that an influx of Tory voters would lose it the seat. I recall us arguing for the creation of a new seat in Cumbria that was more than 100 miles long and banana-shaped, stretching from Barrow-in-Furness in the south and up the west coast, taking in Maryport and Whitehaven and almost reaching Carlisle. We said in all honesty to the inspector that this was a traditional travel-to-work route and a shopping route, and that people did this for recreation et cetera. The inspector said that, in that case, he would drive it next day and check it out for himself. I do not think that the poor fellow was ever seen again, lost in the wilds around Sellafield.
Lord Hayward (Con)
My Lords, perhaps I may pick up on a number of points that have been raised by other noble Lords before I move on to commenting on the core points that I want to make.
First, I pick up on the comment made by the noble Lord, Lord Lipsey, in relation to the loyalties of constituents. If the Committee will indulge me, I am pleased to say that constituents are loyal on many occasions, and MPs are loyal to their constituents. One of my former constituents, Gary Sheppard, retires today as a doorkeeper in this House. I had the pleasure of refereeing him on a number of occasions, and I am wearing my Bristol referee’s tie as a compliment to the doorkeeper who is retiring this evening. I wish him well in his retirement.
I move on to the different interpretations of percentages. My noble friend Lord Blencathra gave some calculations, but perhaps I may indicate that, certainly going on the December 2019 electorates, the projection would probably be that the average constituency of 650 seats would be around 73,000, rather than the slightly higher figure that he gave. However, that does not deny the point that he made. I certainly did not come to blows with him over what he said when he argued with me. I remember Sir Michael Fallon making exactly the same point when I worked for the Tory party on a national basis. Basically he said to me, “What you want is two seats with 7,000 majorities and I want one seat with a 14,000 majority.” That sums up the view of most Members of Parliament when one is trying to deal with the issue on a national basis.
As for arguing that you follow the route that one English monarch followed when invading Scotland, that is for mere beginners. I remember listening to Hazel Blears argue that there was a distinct difference between Salford and Manchester because Salford predated Manchester in the Bronze Age. I think that that was the term she used, but certainly it was very common to go back way beyond the Norman invasion, and Roman times were cited on many other occasions.
There is a difficulty with a 5% target, although I support it. It provides a reasonable range, as my noble friend Lord Blencathra indicated. People talk of going down to 2.5%, 3% or 3.5%. Australia has scales of geography and difficulty way beyond ours in terms of distance, yet it operates on a target of 3.5%. I think that 5% provides a good range, and I say that because the presumption is that 5% will be the cause of all the problems. The noble Lord, Lord Foulkes, made the point that one has to adhere to local ties. The other day I cited the existing legislation, which goes unchanged. Rule 5 quite specifically says:
“A Boundary Commission may take into account, if and to such extent as they think fit—(a) special geographical considerations …; (b) local government boundaries …; (c) boundaries of existing constituencies; (d) any local ties that would be broken by changes in constituencies; (e) the inconveniences attendant on such changes.”
Those rules are not changing.
However, the problem people start to identify is on the supposition that everything is perfect at the moment and that all will fall away if we have a 5% rule rather than a 7.5% rule. The noble Lord, Lord Lennie, identified that that is not the case because it does not change political allegiance very often. He cited Greg Cook’s research. Greg Cook and I have shared many a hearing in one part of the country or another and I respect him enormously, but it denies what the noble Lord, Lord Lipsey, said, which is that people were storming in to see the Whips because they discovered that they were going to lose their seats because the range was 5%. They discovered that they were going to lose their seats for a whole series of other reasons, but it was not to do with 5%. It probably had a lot more to do with the fact that the number of seats was going down from 650 to 600 and you cannot force a quart into a pint pot.
I will give some examples of the difficulties one has at the moment. Take the MP for Carshalton and Wallington, who was formerly a Liberal and is now Elliot Colburn. He cannot get from one part of his constituency, Clock House, to the rest of his constituency without going out of it. Tom Brake likewise could not do so.
Equally, Lancaster and Fleetwood is split by a river. If you go from Fleetwood to the rest of the constituency, you have to go out of the constituency and through two other constituencies, I believe, to get back into the other part, except for the fact that you could, if you were lucky, catch the ferry. But the ferry finishes at 5.45 pm, so if you have an evening engagement or surgery you will have to drive round. This is not something that is specifically new.
If Jon Cruddas leaves the core of his constituency and visits Rush Green, the main route he follows, which he does not have to take, takes him into Andrew Rosindell’s constituency. Why? Because the boundary of Barking and Dagenham borough is based on the grounds of Barking Abbey, which existed in the 15th and 16th centuries. It makes no sense. Rush Green is very close to the centre of Romford and it should not be part of the other constituency, but it is.
Any noble Lord who knows the Albert Hall and the Albert Memorial will know that there is that slight sliver at the top of Knightsbridge—the museum area—which is part of Westminster. Logically, it should be part of Kensington. Why is it not part of Kensington instead of Westminster? Because Queen Victoria did not want Bertie in the suburbs, was the phrase she used.
A thin finger of land links Newmarket with the rest of Suffolk. I think that I am right in saying that if the Secretary of State gets off the train at Newmarket station he is in his constituency, but if he gets on it on the other platform he is in a neighbouring constituency. There are houses to the south that are not in his constituency. There is a vast range of these circumstances right across the country already where problems exist.
Boundaries do change. I represented what used to be the city and county of Bristol. It then became the county of Avon. It shifted its boundaries. I am a Devonian by birth. My father is Cornish by birth. The boundaries of Devon and Cornwall constituencies have changed. They are not immutable, as some Cornish friends of mine would maintain. The constituencies shifted in the 1960s. A series of problems already exist.
There is no question that there are problems with the ranges. Statistically, if you move to a broader range, you are likely to solve some of the problems. Some of the evidence has been identified, but as I said, I think that 7,000 and a bit is a good range.
The Deputy Chairman of Committees (Lord Bates) (Con)
That completes the work of the Committee for today. The Committee stands adjourned; I remind Members to sanitise their desks and chairs before leaving the Room.
Parliamentary Constituencies Bill
Tuesday 15th September 2020
(4 years, 3 months ago)
Grand CommitteeRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-III Third marshalled list for Grand Committee - (10 Sep 2020)
The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)
My Lords, the Hybrid Grand Committee will now begin. Some Members are here in person, respecting social distancing, others are participating remotely, but all Members will be treated equally. I must ask Members in the Room to wear a face covering, except when seated at their desk, to speak sitting down and to wipe down their desk, chair and any other touch points before and after use. If the capacity of the Committee Room is exceeded, or other safety requirements are breached, I will immediately adjourn the Committee. If there is a Division in the House, the Committee will adjourn for five minutes.
A list of participants for today’s proceedings has been published by the Government Whips Office, as have lists of Members who have put their names to the amendments, or expressed an interest in speaking on each group. I will call Members to speak in the order listed. Members are not permitted to intervene spontaneously; the Chair calls each speaker. Interventions during speeches or “before the noble Lord sits down” are not permitted. During the debate on each group I will invite Members, including Members in the Grand Committee Room, to email the clerk if they wish to speak after the Minister, using the Grand Committee address. I will call Members to speak in order of request and will call the Minister to reply each time. The groups are binding and it will not be possible to de-group an amendment for separate debate. A Member intending to move formally an amendment already debated should have given notice in the debate.
Leave should be given to withdraw amendments. When putting the Question, I will collect voices in the Grand Committee Room only. I remind Members that Divisions cannot take place in Grand Committee. It takes unanimity to amend the Bill, so if a single voice says “Not Content”, an amendment is negatived, and if a single voice says “Content”, a clause stands part. If a Member taking part remotely intends to oppose an amendment expected to be agreed to, they should make this clear when speaking on the group. We will now begin.
Lord Rennard (LD)
My Lords, what we learned from the abortive boundary reviews of 2013 and 2018, conducted under the rules set by Parliament in 2011, was that they were very disruptive. Very many constituencies were to be split up, with different parts of them to be sent in several different directions, and many anomalies were caused not by the boundary commissioners but by the rules.
Naturally, the proposals in these reviews were unpopular with many MPs from different parties, to the point that several Conservative MPs met with me privately in 2013, hoping that I could help prevent them being implemented. Having seen the actual effect of these reviews, many MPs in the other place raised concerns in recent debates about the rigid requirement of no more than a tiny 5% variation from the quota for electors for each constituency.
Attempts were made to reassure MPs that another review might not again lead to such fundamental changes and perverse outcomes, but in June the Constitution Unit confirmed fears that it would. It reported that
“changing the size of the Commons”
from the figure of 600 proposed in 2011
“would not substantially affect the degree of disruption.”
The academic experts studying this Bill, whose reputation for their understanding of boundary review processes is universally regarded, all sounded alarm bells about the consequences of this Bill. The late and much missed Professor Ron Johnston, with his colleagues David Rossiter and Charles Pattie, concluded that
“the new rules are just as likely as those they replace to result in major disruption to the constituency map at all future reviews.”
When the reviews were to be held every five years, they concluded that adhering to a fixed number of constituencies and a restricted tolerance of only 5% in constituency electorates would mean that
“major change would occur in around one-third of seats and minor change in another third.”
The work of these academics was very persuasive to the members of the House of Commons Select Committee on Political and Constitutional Reform. The committee produced an excellent report in March 2015 with strong recommendations about future boundary reviews. It concluded that to avoid large numbers of anomalies in drawing up new boundaries and major disruption with every review, a variation in constituency electorates of up to 10% is really required. It also said that in its opinion this would still allow the Government to achieve their objective of roughly equal-sized constituencies. The conclusions of that Select Committee, with cross-party agreement for its recommendations, should have been the starting point for this Bill.
Those most familiar with the history of the 2011 Act which brought in new processes for reviewing constituency boundaries will know that we came very close then to a government concession which would have allowed a 10% variation in the quota for each constituency. This was when the then Leader of the House, the noble Lord, Lord Strathclyde, told the then Prime Minister, David Cameron, that this might be necessary to get the legislation through. It was only because David Cameron did not want to grant that concession in response to an organised filibuster that it was not made. It was not an issue of principle.
Ministers should now consider that the previous Bill of 2011 was nearly killed off because of the rigidity of its adherence to the 5% limit for varying the quota of electors for each constituency. An amendment proposed by the noble Lord, Lord Pannick, and others, which would have allowed variation to the strict quota in exceptional circumstances and which proposed extending the margin for flexibility from 5% to 7.5%, was carried in the House of Lords by 275 votes to 257 on 9 February 2011. This was not an amendment that my party was able to support then, but for reasons that I will explain, it would do so now.
The amendment provided for a 7.5% variation and became the subject of parliamentary ping-pong. When it returned to the House of Lords a week later, the Government were able to defeat it only by the narrowest possible margin of just one vote—242 votes to 241. On that occasion, 68 Lib Dem Peers had to vote with the Government because of the coalition, and to deliver a referendum on the alternative vote system. If we had not, the Government would have lost by 134.
We Liberal Democrats are now free to vote without those constraints, with greater knowledge gained from the abortive reviews and with the benefit of independent analysis of the consequences of the new rules. The evidence is clear that allowing only a 5% variation in the quota produces many anomalies and much unnecessary disruption to constituency boundaries with every review. The Government should therefore not be wedded to the 5% rule.
The reasons for it have been shown to be misconceived, as it was never the case that all large constituencies were Conservative-held and all small ones had Labour MPs. The 5% rule is not necessary to meet the agreed objective of roughly equal-sized constituencies, and there is no particular benefit to any party in insisting on it. It is an issue on which the Government may have to compromise if they wish to secure passage of the Bill in time for the Boundary Commissions to start work in 2021.
The Government and all those concerned with boundary review issues would do well to reread the speech by the noble Lord, Lord Pannick, on 9 February 2011 at col. 231. I regret having been put in the position of opposing his amendment on technical grounds and because of my party’s desire to secure a referendum on the alternative vote system. My view is that the current Amendments 15, 16 and 17 all avoid the problem I described then about vague definitions such as “viable constituency”.
Amendment 18, in the names of the noble Lords, Lord Foulkes and Lord Grocott, repeats the error of introducing vagueness to the rules where clarity is required and legal challenges should be avoided.
Amendment 19 shows typical wit on the part of the noble Lord, Lord Forsyth of Drumlean, seeking to suggest that the rules should move in exactly the opposite way from that sought by everybody. His amendment would force the Boundary Commissions into proposing the most perverse set of boundaries.
I also believe that the best interests of those pursuing the later Amendments 21, 22, 23 and 24, about Cornwall, Wales and Scotland, would be best served by supporting Amendments 15, 16 or 17, which provide for consistent rules across the UK for the election of a UK Parliament.
Why is it so important that one of Amendments 15, 16 or 17 is carried? Under the proposed system, small population shifts in English regions, Scotland or Wales will change the quota for the number of MPs representing each of them. Each such change will then trigger major changes involving most constituencies and will mitigate their being formed on the basis of natural communities, or within the same counties or local authority areas.
One ward moving from one constituency to the next will not be the end of the process. Moving that one ward from constituency A to constituency B will trigger moves of more wards away from constituency B, and perhaps to constituencies C, D and E. Each of those constituencies may then see some of their wards moved further afield leading to the break-up of constituencies F, G, H and others. The process has been described as akin to “pass the parcel” as wards are all moved around with knock-on consequences.
The noble Lord, Lord Hayward, suggested that much more splitting of local government wards would reduce the knock-on consequences of moving whole wards, but this will not generally happen. The Government amended the 2011 Bill so that the rules must generally have regard to ward boundaries as well as to local authorities and so on.
The Boundary Commission for England has explained that it has
“traditionally sought to avoid the division of wards between constituencies, recognising their importance in reflecting community ties and to aid the efficient running of elections”.
It said that it would split wards in only “exceptional and compelling circumstances”, but that
“the number of splits should be kept to an absolute minimum”.
For the 2018 review, it eventually agreed to just 10 wards being split in the whole of England. Maintaining the 5% limit means major disruption with each review.
The academic experts have now gone back to look at the changes in the electorate since they first suggested that one in three constituencies would face major boundary changes with each review. They have also noted that there will be more disruption after eight years of population changes than there would have been after five. Based on the data from 2018, they said that
“around half of all seats would experience major changes at each subsequent review, with just one in five escaping change of any sort”.
But the review to be published in 2023 will be based on changes in population over a 20-year period from 2000 to 2020, so it will be even more disruptive and the outcome may be known less than a year before the general election.
However, we can bring some common sense and greater stability to the process by changing the 5% rule. The Venice Commission’s Code of Good Practice in Electoral Matters considers variations of up to 10% perfectly acceptable. Today may be the first time that I have quoted the Conservative MP Peter Bone in defence of any of my arguments, but his Parliamentary Constituencies (Amendment) Bill proposes that the figure be set at 7.5%. I hope that the Minister will respond favourably to some of these arguments and accept that greater flexibility on the 5% rule is needed.
Accepting Amendment 16 would indicate support for what the House of Commons Select Committee found cross-party agreement to in 2015. There is only limited flexibility in Amendment 15, and the wider latitude provided for in Amendment 17, even when the Boundary Commissions do not identify special circumstances, is problematic.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I am extremely grateful to all noble Lords who have spoken. I am not sure that I will tell my honourable friend Mr Bone about the support he has from the Liberal Democrats—I am very solicitous for his health, of course. The noble Lord, Lord Rennard, made a powerful and interesting speech, which I listened to carefully, as I have tried to to all speeches in your Lordships’ Committee.
A false dichotomy underlies part of our discussion last week, between an attitude posited—even called a sort of arithmetical obsession by one Member of the Committee, who avows his authorship—and the idea of fluidity and connection with local places and local ties. It is said that these two things are antithetical; they cannot run together. Of course, there is a balance in these matters. I believe, and I hope to persuade the Committee, because the Government cannot accept the amendments spoken to today, that a good and fair balance is struck by a tolerance of 5%.
There has been a difference of opinion. The noble Baroness, Lady Hayter, and the noble Lords, Lord Lennie and Lord Grocott, proposed a tolerance range of 15%, plus or minus 7.5%. The noble Lord, Lord Tyler, backed up ably by the noble Lord, Lord Rennard, proposed plus or minus 8%, together with headroom to move to 20%—plus or minus 10%—where deemed necessary. The noble Lords, Lord Lipsey and Lord Foulkes, went further, suggesting 20%—plus or minus 10%—in all instances. Amendment 22 in the next group even envisages a 30% range in some circumstances. A variety of opinion has been put before the Committee, before referring to the amendment in the name of my noble friend Lord Forsyth of Drumlean, who went in the other direction by suggesting a tolerance range of 5%.
I also thank other noble Lords who spoke, my noble friends Lord Blencathra and Lord Hayward. My noble friend Lord Blencathra nodded to the amendment from my noble friend Lord Forsyth and came down on balance, I think, in favour of 5%, as did my noble friend Lord Hayward. His expertise, detailed knowledge and experience of this subject—matched, as we heard today by other Members of the Committee—are of great benefit. I was struck by what he said about splitting wards and noted also what the noble Lord, Lord Rennard, said on this subject.
My noble friend Lord Blencathra gave us a dose of practical political reality in his powerful speech. There will be disputes. The noble Lord, Lord Lipsey, was very solicitous for the future of the Conservative Party, which was kind of him, but wherever one strikes this, there will be disruption—the word used by the noble Lord, Lord Tyler—but the Government believe that the current position, set out in existing legislation, is the right one; namely, a tolerance range of 10%, to allow the Boundary Commissions to propose constituencies 5% larger or smaller than the quota.
The Government are resolute in their goal of delivering equal constituencies so far as possible. We committed to do so in our 2019 manifesto and the elected House has upheld that position. With our having made that pledge, I hope noble Lords will recognise that this House should not wind back the current reasonable and achievable tolerance range of 10%.
Of course, I understand the views expressed in this Committee about communities being kept together within single constituencies and about particular geographies being respected. They are powerful sentiments and were eloquently expressed by the noble Lord, Lord Shutt, but the concept of equal votes—the simple idea that each elector’s vote must count as nearly as possible the same—is equally, if not arguably more, powerful. It is the cornerstone of our democracy and fundamental to maintaining voters’ participation and trust.
The only tool we have by which to ensure such an approach is to apply the electoral quota on a universal basis while allowing appropriate flexibility to the Boundary Commissions to take into account important local factors such as geographical features and community ties without introducing significant variability. That will remain the position. Previously, Parliament has debated tolerance and judged that a range of 10% is right and will allow this. The Government believe that we should hold to that position. It strikes the right balance between achieving equal, fair boundaries and allowing the Boundary Commissions flexibility to take account of other factors.
If we let out the seams of tolerance, as it was put in debate, the results are quick and clear, as my noble friend Lord Blencathra illustrated. Using the electoral figures from 2019, with a 15% range, one could range from 78,000 electors to almost 11,000 fewer. At 20%, one would be looking at a potential disparity of 20,000-plus electors, with some constituencies of around 62,000 and others approaching 83,500. I agree with my noble friends Lord Hayward, Lord Blencathra and Lord Forsyth: there is no legitimate argument for having constituencies with sizes varying by potentially 11,000 or 20,000 electors, depending on the amendment in question in this group. That is not equitable.
At 20%, the latitude provided to the Boundary Commissions is so significant that more than 80% of constituencies could be untouched by the next boundary review. Some—and it has been argued for in this Committee—may think that a good outcome, but I urge that we recall that the purpose of a boundary review is to update constituencies to take account of how the population has changed. The current parliamentary constituencies, which no one defends, are based on the electorate as it was in the early 2000s, nearly 20 years ago. We all know that there have been significant shifts since then, in migration, in housebuilding and in population growth.
Let me touch on the idea put forward by the noble Lord, Lord Tyler—followed up by the noble Lord, Lord Rennard, with some interesting historical references —of giving the Boundary Commissions discretion to apply a greater tolerance in certain instances where they judge it to be needed. The noble Lord, Lord Tyler, suggested a basic tolerance range of 16%, but with flexibility to move to 20%. Similar ideas were put forward in the other place. On the face of it, such discretion may seem attractive, and the noble Lord, Lord Rennard, made a good fist of it, but, in reality, it can make the job of the Boundary Commissions more difficult and the outcome of boundary reviews considerably less certain.
It is not difficult to envisage that the Boundary Commissions would quickly come under pressure to use the discretion allowed by this amendment. When a commission used that discretion in one part of its territory, it is highly likely that communities in another part would call for something similar. The same phenomenon would be likely to occur across the four nations of the union. For example, were the Boundary Commission for Scotland to be quicker to propose constituencies with a larger variance range, it would surely not take long for a similar approach to be demanded of the Boundary Commission for England or for Northern Ireland.
The noble Lord, Lord Grocott, mentioned protected constituencies. We have discussed this concept and will do so again on a later group of amendments. I thank him for acknowledging that there is a small number of specific instances where exceptions might be sensible. We will discuss that later but, again, the Government’s feeling is that we have struck the right balance.
One reason why the Boundary Commissions are as effective and respected as they are is that they implement rules that are clear and unambiguous—the importance of clarity of rules was referred to also by the noble Lord, Lord Rennard. While they act with clarity and transparency and steer clear of subjective judgments and rankings, the scope for disagreement and challenge—yes, it will be there—will be limited. The Government are keen to protect that position.
Our task is to update the UK’s parliamentary constituencies and to ensure that our electors have votes that are fairer and more equal. That task is urgent. As Professor McLean said of Parliament when giving evidence to the Public Bill Committee,
“it is … very embarrassing that it is operating on the basis of 20-year-old boundaries and therefore we did not have equal suffrage in the 2019 general election”.—[Official Report, Commons, Parliamentary Constituencies Bill Committee, 23/6/20; col. 94.]
I should at this point add my own comments of respect and appreciation for the late Professor Ron Johnston and endorse what many others have said in this Committee.
I urge the Committee to recognise that the tolerance level agreed in previous legislation and reaffirmed by the elected House on this Bill is right and reasonable. Changes to it have been rejected on numerous occasions in the elected Chamber, to which it relates. I ask noble Lords to resist the desire to fix something that the Government contend is not broken and not to press these amendments.
The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)
My Lords, I have received no request to speak after the Minister, so I call the noble Baroness, Lady Hayter of Kentish Town.
Baroness Hayter of Kentish Town (Lab) [V]
On Thursday, on an earlier group of amendments, I thought that the Minister was correcting my quotation from the Constitution Committee. In fact, he rightly questioned my assertion that it had endorsed, rather than simply noted, suggestions from others as to how to ensure that the Boundary Commissions were independent. He was right; I was wrong. I think that is 1-0 to the Minister.
However, on this amendment, the Minister is on shakier ground, but I shall to try to avoid making what the noble Lord, Lord Forsyth, called a “holier-than-thou” speech, especially as I want first to turn to something more serious that the noble Lord said, when he claimed:
“Trying to link this matter to the issue of saving the union is very shoddy politics”.—[Official Report, 10/9/20; col. GC 320.]
I shall not try to pretend that I understand Scotland, but just at the moment in Wales, when the Government seem intent on weakening the devolution settlement via the internal market Bill and when again and again UK Ministers ignore the Welsh Government—indeed, even sharing the internal market Bill with Welsh Ministers two hours after it had been shared with the press—the noble Lord might note that a seismic reduction in Welsh voices in Westminster fuels separatist emotions and the feeling that Wales is a mere afterthought to this Government. I was particularly struck that the Government’s statement on the internal market Bill quoted the Scottish Secretary of State, a Scottish businessman and the Scottish Retail Consortium, with no equivalent endorsement from anyone in Wales, not even the Welsh Secretary.
I am not speaking for Scotland, but I hope that the Government do not think that chopping Welsh input into Parliament has no wider implications. As was said in an earlier debate, the Americans recognised early on that size alone did not matter, with each state being accorded proper recognition in the Senate. The UK Government should give serious thought to binding in each of the four nations if they really want to retain the United Kingdom. This does not go to the heart of these amendments, but it is a response to what the noble Lord, Lord Forsyth, said. Incidentally, he apologises because he has just left to chair his own Select Committee, but he has been with us thus far.
The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)
We now come to the group beginning with Amendment 18. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.
Amendment 18
Lord Foulkes of Cumnock
“Taking account of local ties
(1) Schedule 2 to the 1986 Act is amended as follows.(2) In rule 2(2) (electorate per constituency), after “4(2),” insert “5(1)(d),”.(3) In rule 5(3) (factors), at the end insert “, except that a constituency does not have to comply with rule 2 if the Boundary Commission considers it reasonable taking into account the factor in paragraph (1)(d).””
Lord Foulkes of Cumnock (Lab)
My Lords, I am getting increasingly concerned about the form and the forum in which we are considering this matter, which is so important to our democracy. We said in previous debates that the Bill ought to be in Committee on the Floor of the House, and it is not: it is in this Grand Committee. I do not blame the Government in any way for the fact that we are in special arrangements because of Covid-19—it is not their fault—but because of that, we are isolated from reality. If we were considering this normally, there would be much more media coverage of what we were doing. The Scottish media might have been interested in the arguments for 59 constituencies remaining in Scotland, yet none of them has picked it up. We would also have had experts—I recall this well from previous discussions—sitting outside the Committee Room, but they are not allowed in now because of Covid-19. I used to get very useful advice from the Law Society of Scotland about various matters, but we cannot get that now. This is really an opportunity for the Government to squeeze things through, to say, “No, we are not accepting any amendments” and get away with it without any pressure. I fear that that is what is going to happen. It is a great pity, because it means that we are not dealing with some very important issues.
The Minister is obsessed with equal votes. He keeps going on about it; he has said it on so many occasions. I pointed out on a previous occasion that the irony is—and my Liberal Democrat friends jumped up and down with excitement—that if you take what he is arguing to its logical conclusion, you end up with proportional representation, particularly the single transferable vote. My noble friend Lord Lipsey argued very strongly that because some seats in the past were considered safe seats—they are not always, but there are still some significant ones—it is only in a limited number where the vote actually counts. We did not get an answer from the Minister, although I hope we will eventually. My noble friend also mentioned—it has just been mentioned again by my noble friend Lady Hayter—the turnout. I said on the previous occasion that there were also people who were not registered. The truth is that that there are a lot of citizens of this country who, for one reason or another—because they are poor or disadvantaged, for example—are not registered or not able to get out to vote or live in constituencies where their vote does not count. That is a different category. We really need to think about that seriously.
Turning to my Amendment 18, it is back to arithmetic. The amendment fits in with the plus or minus, whether it is 2.5%, 5%, 7.5% or 10%, because that is flexibility. It is all a question of flexibility. I want to compliment the noble Lord, Lord Blencathra. I have great respect for him; I see him at meetings of the Parliamentary Assembly of the Council of Europe and we very often debate things together. He made an eloquent and very elegant speech last Thursday: it was really quite captivating and I enjoyed it. However, as is often the case, the noble Lord was not telling the whole truth and nothing but the truth. I am not saying that he was lying: it was just the way that the argument was put, which was very clever indeed.
As the noble Lord, Lord Blencathra, said, MPs argue a case at Boundary Commissions that is particularly advantageous to them and their party. That is why they go there: I have been to half a dozen or more Boundary Commissions, and I have done that. They can often creatively call on local ties and natural boundaries if their lucky numbers do not come up and they are facing notable boundary changes. However, none of that should diminish the fact that local ties and natural boundaries are very important and should be taken seriously in terms of constituencies.
At present, local ties and arithmetic are dominant in this argument. They theoretically have equal status. In my experience, however—and I am open to contradictory arguments from the noble Lords, Lord Hayward and Lord Rennard, and anyone else who has a lot more experience than I have—by default, arithmetic usually triumphs. I have seen it again and again: the deputy commissioner has said, “No, no, no, I have to go by the numbers. The numbers take precedence over local ties.” That is not beneficial to our representative democracy. Drawing arbitrary lines through communities does nothing to serve the needs of those local communities and ensure proper representation.
The Government ought to be more aware of the inconsistencies and drawbacks in relying on an algorithm, as we saw with the exam results fiasco last month. Surely some lessons might be taken from that in terms of arithmetic—numbers being the god we worship.
Amendment 18 in my name seeks to ensure that community boundaries and community links are given priority over arithmetic—it would make them paramount. Of course the arithmetic has to be taken account of and of course it has to fit in to the plus or minus—whatever percentage we ultimately agree. In that way we can avoid circumstances which result in the creation of artificial boundaries which have limited community coherence. I want to see local ties such as school catchment areas, major highways, major local authority boundaries and natural boundaries such as rivers, lochs—lakes, for the English among us—and mountains given greater priority. This would all be subject to the constituency limit, which, as I and others have argued, should be as flexible as possible.
A plus or minus 10% quota would provide greater flexibility for the Boundary Commission to accommodate these important local ties and natural boundaries. Hopefully it would take account of the particular circumstances in Scotland, Wales and Northern Ireland. What one party gains in one area, it could lose elsewhere if, indeed, there are still old party loyalties. Certainly, in my own country they are not as strong and clear as they used to be. Things are also changing in England, and things will continue to change, so that should be taken into account.
Nevertheless, by taking a community-centred approach, we can create a framework that supports and nurtures strong connections between the Member and her or his constituents. It also provides a more logical and sensible structure to support opportunities for further devolution of power across the United Kingdom, not just in England—I shall be arguing that in a Question next week in the Chamber—but in Scotland, where unfortunately there has been far too much centralisation in Edinburgh following devolution to Edinburgh. There needs to be much greater devolution within Scotland.
I beg to move.
Lord Tyler (LD) [V]
My Lords, I shall speak to Amendment 20 in my name. I am delighted to have the support of the noble Lord, Lord Bourne of Aberystwyth, who is widely respected in the House, both for his service as an invariably responsive and listening Minister and for his previous role in Wales since devolution. Noble Lords will recall that he endorsed my plea at Second Reading that the especially distinct identity of Cornwall should be recognised in the Bill.
I am also pleased to have the support of two of my noble friends, both of whom have given great public service to Cornwall. Noble Lords may be aware that allies on Cornwall Council have also endorsed my proposition.
Physical geography makes it abundantly clear that Cornwall is an especially distinct entity in the UK. If you try to follow the boundary between England and Wales and England and Scotland, or even between Northern Ireland and the Republic, you have the devil’s own job. You can find yourself endlessly crossing largely invisible lines. However, if you try crossing almost all the boundary to Cornwall, you will get very wet. When the Conservative Party was pushing the case for a Devonwall constituency, David Cameron was very dismissive of the River Tamar. He is reported to have objected, “It’s not exactly the Amazon, is it?” Ironically, his comparison is actually rather useful: the Tamar has been a natural boundary from prehistoric times, while the Amazon is the natural route into the interior of all of South America. Indeed, for many centuries it would have been the only link between different inland areas.
Lord Bourne of Aberystwyth (Con) [V]
My Lords, it is a great pleasure to follow the noble Lord, Lord Tyler. I am in much agreement with what he said, specifically on Cornwall and Devon. My name is also against Amendment 20. I thank him for his kind words and say that he was making even more sense than usual despite that lack of sleep. I offer him many congratulations on that feat.
I want first to say something in general in relation to amendments in this group before turning to the position relating to Cornwall. I have much sympathy with the argument that a 5% variance in each direction is too strict and rigid. We should not apologise for a principle of equal-size constituencies in population terms in general. We have demonstrated as a country and a Parliament flexibility in relation to some islands, quite rightly, and I cannot see why we should not do the same elsewhere. Clearly, there has to be a restriction on the variation, but we need more flexibility in that direction, particularly in rural areas and particularly in the rural areas of Wales, which I know well. There is a compelling case in relation to Brecon and Radnorshire; I look forward to hearing from the noble Lord, Lord Lipsey, who knows a thing or two about that area. There is such a case to be made too in relation to England, Scotland and Northern Ireland. The same principle applies, as the noble Lord, Lord Tyler, said.
In Cornwall, not only does the Tamar provide an effective natural boundary—who can doubt that who has been into Saltash?—but it is also a demarcation of a clear difference between Cornwall and the rest of the country. It has its own cultural attributes, its own language and its own national minority. There is a powerful, compelling case for acting differently in relation to Cornwall as we have done in relation to islands such as Ynys Môn, the Isle of Wight and so on. I agree with the powerful case put by the noble Lord, Lord Tyler.
I shall not delay the Committee too long, but I strongly support this amendment. The Minister, whom I know well and who has listened with great care and attention as he always does in these debates, appeared sympathetic to the case for Cornwall. I hope that he is persuaded of the need to protect in legislation the unity of Cornwall and to write that into the Bill.
The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)
Baroness Jolly. No? If the noble Baroness is not with us, we shall go on to the noble Lord, Lord Hain.
Lord Hain (Lab) [V]
My Lords, I shall speak to Amendment 22 standing in my name and that of the noble Lords, Lord Wigley and Lord Cormack, and the noble Baroness, Lady Finlay of Llandaff, to whom I am grateful.
Why this Bill? Is there a clamour from voters to change their constituencies? No. Do, for example, rural voters in Wales want even larger constituencies because they think that their MPs are too close to them? No. So what is the motivation?
Much is made by Ministers, as the noble Lord, Lord True, has already done, of the case for equalisation, but equalisation has been the principle behind our constituency system for generations—we all accept that principle. The point is that the Boundary Commissions have had the discretion to apply it fairly and sensibly, taking proper account of local views, of community identity and of geographic sparsity instead of being rigidly straitjacketed, as this Bill requires.
The Bill means that the uniqueness of Wales, in the past always having had special consideration by this Parliament, including in the 1944 Act, and by the Boundary Commissions, is ignored. In no other nation of Britain, proportionate to the population, are there such large and remote areas and vast geographical rural areas where there are thousands more sheep than people and constituencies are hundreds of square miles if not larger. Yet under this Bill, four existing geographically large seats in Wales could well become, and almost certainly will become, two monster ones. Instead of being hundreds of square miles in size, each will become thousands of square miles, in mid-Wales, north Wales and west Wales—none of them, by the way, Labour seats, so no party pleading is going on here.
Much has been made about the Bill creating constituencies that are more equal in size, but that has come at the expense of community ties, history and geography. We do not live in a world where populations grow in neat conurbations which fit an electoral quota dictated from on high. Nor does our geography in Wales lend itself to communities being switched dogmatically between constituencies to help achieve that quota. Our existing system already takes account of that by trading off strict electoral quotas in order to prioritise community identity, local ties and geography. Identifying with the constituency we live in and the close link between an MP and their constituents are fundamental to our parliamentary democracy and envied by democracies around the world.
The rigidity of the electoral quota and the 5% variance provided for in the Bill put that in jeopardy and give primacy to a rigid mathematical equation which is damaging for our democracy. That is why Amendment 22 proposes, in relation to Wales alone and to meet its specific needs, that the electorate of any constituency be no less than 85% of the United Kingdom electoral quota and no more than 115% of that quota. Why is this needed? Wales’s unique geography means that constituencies can vary drastically, from vast rural constituencies which are sparsely populated, such as the existing Brecon and Radnorshire, to densely populated, small urban constituencies in Cardiff and Swansea.
It is no surprise that two of the five largest geographical constituencies, Montgomeryshire and Dwyfor Meirionnydd, are also two of five smallest in electorate size, while two of the five largest electorates, Cardiff South and Penarth and Cardiff North, are also two of the five smallest geographical constituencies. There is a logic to that. There are seven constituencies in Wales which are more than 1,000 square kilometres in size—Brecon and Radnorshire is more than 3,000 square kilometres—but because of the rigid electoral quota used during the last review under the previous legislation, the Boundary Commission for Wales ended up proposing mega constituencies to achieve numerical parity and to cover the vast areas of sparsely populated rural Wales, as I described in great detail when moving Amendment 14. Much the same will happen under this Bill.
Mega constituencies like that will only alienate voters from those whom they elect to represent them, leaving them feeling more cut off and remote than before. It is a toxic combination which will lead to disengagement and undermine democracy. Equally, the strict quota is problematic for valley constituencies and makes the task of creating constituencies which make sense to valley communities extremely difficult.
It is not easy to move single communities from a valley and dump them in a different constituency. By their very nature, valley communities are linked and do not easily connect with neighbouring valleys. To reach a neighbouring valley you cannot just drive over a mountain of fields and forests. You have to drive to the top or the bottom, making communication take longer and not easy. Valley communities are also linked to specific towns in terms of transport, community links and historical ties. These community ties form the basis of many of the valley constituencies in the south Wales area, which I know well, still live in, and represented for a quarter of a century.
Lord Wigley (PC) [V]
My Lords, I support Amendment 22 in the name of my noble friend Lord Hain, who spoke so impressively in support of it. I will also address the amendment put forward by my noble friend Lord Foulkes and I particularly warmed to the case made for Cornwall. However, I say to the noble Lord, Lord Tyler, that if our amendment relating to Wales is not acceptable, there is nothing to stop similar, parallel amendments being put forward with a case for England, Scotland or, indeed, Cornwall itself. That is in the hands of noble Lords in this Committee or on the Floor of the House on Report. All I would say is that the case for Wales stands out because of the extent of the changes proposed by virtue of the rules being put forward.
I will pick up on one point that the noble Lord, Lord Hain, made about the valley communities. The noble Baroness, Lady Gale, will be familiar with this as well. When I was a councillor in Merthyr before becoming a Member of Parliament, I had good friends who had never been to the Cynon valley, the next valley to the west, or the Rhymney valley, the next valley to the east. That is the nature of the valley communities. It is not because of a closed mentality but because the geography and topology of the area dictates it.
We have already debated the number of seats that Wales should have in the House of Commons and I hope that the Government will give careful thought to that between now and Report. Amendment 22 addresses the other aspect of this issue—the factor that led to Wales having a slightly higher representation than is fair statistically. That does indeed relate to geography and topography and the nature of Wales, the distribution of our population and, in particular, our communities.
As I said at Second Reading, MPs are representatives not delegates. If they were delegates, then, arguably, the number should correspond to the number of electors on whose behalf they cast their votes in the legislative process. If that were the case, they should also reflect the political balance of their constituencies by proportional representation which, of course, the House of Commons has rejected. If MPs are not elected on such a basis, it is quite illogical that their constituencies should be determined by that very dimension.
MPs deliver a service to their constituents. That involves making themselves available to discuss, dealing with individuals and with groups of constituents, a diverse range of issues, and taking them up at Westminster. As MP for Caernarfon, I represented a range of different communities of interest in the 92 towns and villages which made up my then constituency. I had to be reasonably knowledgeable about farming and fishing, manufacturing industry and slate production, river pollution and radioactivity, tourism and higher education, as well as a whole range of social legislation and service delivery. I had 28 community councils all expecting to see me on a regular basis, and I worked very closely indeed with Gwynedd Council, the unitary authority within which my constituency was wholly located. I had to work within the twin structures of UK government departments and the Welsh Office, as then was, and deal with a plethora of all-Wales bodies. I had to discuss and correspond about such issues in two languages, since 84% of my constituents had Welsh as their first language, and I had a five-hour journey each way, each week, between Caernarfon and Westminster.
My point is this. If I had had a compact seat in London, I could have undertaken my duties as MP in far less time than was needed to do so in Caernarvon. For there to be an equivalence in the service afforded by an MP to constituents, there has to be some weighting in the structure of representation. Rural areas, communities for whom London is remote, areas where the structure of government is different and communities of a different nature to those of metropolitan England—all these should have a representational weighting to achieve an equivalence of service delivery. In practical terms, it would be ludicrous, as the noble Lord, Lord Hain, emphasised, for a county such as Powys to have only one MP. The south-east of that county looks to Newport and Cardiff for many services, the south-west to Swansea, the north-west to Aberystwyth and Bangor and the north-east to Wrexham. The commission which draws up any new Welsh constituency boundaries should start with the assumption that Powys has two MPs, and the rest should follow from there.
There should be a flexibility in the numerical size of constituencies to allow such a structure, and Amendment 22 goes a long way to provide this. There can never be a perfect answer that fits all circumstances, but I believe there should be some guarantee in both constituency service terms and the coherence of a national voice, of a de minimis representation for Wales in the House of Commons and, within that, the flexibility to make it work for its communities. Amendment 22 offers that possibility and I commend it to the Committee.
Lord Hayward (Con)
My Lords, I will not repeat some of the debate on the previous grouping, when my noble friend Lord Blencathra and I made comments on a number of issues in relation to some of the localities we have discussed today and the scale of geography that different constituencies face. I merely repeat my observation that I have a Cornish father and I was born in Devon, so I have sympathy with and understanding of the emotive issues that that division may generate.
Perhaps I may clarify one point for the noble Lord, Lord Foulkes, because he was not sure about the balance between the numbers game, to use his phrase, I think, and the influence of local factors. I say this with at least two glass walls between me and the Government Whip, because she may want to hit me for pointing this out. In fact, in the legislation to which I referred, Schedule 2 says that the electorate of any constituency “shall be”, in other words the number is pre-eminent, whereas the requirement to take factors into consideration is described by “may”, as the noble Lord is indicating. Therefore, one has pre-eminence over the other.
Baroness Finlay of Llandaff (CB)
My Lords, thank you for letting me speak. As a signatory to the amendment, I should explain a little why I decided to support it. I have lived in Wales for many decades and provided healthcare to some of these communities. The geography is unique and different to the cultural mix in cities in either England or Scotland—I have done exactly the same as a GP in inner-city Glasgow.
Wales currently has 40 constituencies for its 2.3 million registered electorate. Yes, the size of the constituencies is smaller on average or on median size than other nations in the UK, but Scotland’s smallest constituency has half the number of electors of the smallest in Wales. The current boundaries in Wales allow co-terminosity, which helps co-ordination between the Senedd and Westminster. I will return to that relationship between Wales and Westminster in a moment.
To look at this and try to understand it, I spent some time with an Excel spreadsheet to look at the consequences of a rigid numerical approach. A cull of Welsh MPs to provide only 29 would be a 28% reduction in representation from Wales under the 2018 proposals. While maintaining 650 MPs, a leeway allowing a 5% margin on electoral numbers would still lost Wales nine seats—a 23% reduction in MPs. Are the Government determined to alienate their support for the union and fuel separatist nationalism? It certainly looks like that from all their behaviour at the moment. Funnily enough, as far as I can see, England would see only a rise in numbers under the Bill’s proposals.
A 15% lower margin on electorate numbers—I say lower because it is not about raising the 15%—although again hitting Wales hard, would decrease representation from Wales by 5%, or two MPs. However, it would also allow the complexity of the geography and demography to be accounted for. For an MP in Wales to represent an area with difficulties of travelling across large areas where, as we have heard, the sheep really do outnumber the population, it can take over two hours in some parts and around four hours in those same places in the winter. The South Wales valleys are indeed quite distinct zones, as the noble Lord, Lord Wigley, pointed out, and travelling from one to another requires driving north across the Heads of the Valleys road and down, or south to the M4 and up the valley. While it is reasonable to expect the MPs to do that, the constituents cannot. Many do not have their own car, have care responsibilities and cannot just access a remote MP surgery in an adjacent valley, nor do they identify with that position in an adjacent valley either. Poverty and an elderly population—9.5% is over 75—means that few have IT access to Zoom or Teams, and so on, although I accept that after Covid, that might have improved. However, on all other measures, they will effectively be relatively disenfranchised in relation to UK government.
The noble Baroness, Lady Hayter, has already pointed out the political message that this is giving. The political message a massive cull of Welsh MPs gives is that Westminster is not concerned about Wales. I wonder whether one solution to meet the Minister’s concern about a 30% range of variance overall would be simply to delete the upward tolerance and allow only a downward tolerance. Without that, this amendment will fuel a narrative that Westminster really would like to see Wales cut off, cut out, and effectively ignored.
Lord Lipsey (Lab)
My Lords, this is a pretty odd grouping, is it not? You have one amendment on the links between constituencies, one on Devon and Cornwall, and one on Wales. It would have been even worse if I had not insisted on degrouping my amendment on Brecon and Radnor, for which the Committee will pay a price when I introduce it in a few minutes’ time. The grouping is so wide and disparate that I do not have a great deal to add, so I will not.
First, I totally agree with the amendment in the name of my noble friend Lord Foulkes about local ties, which seem wholly to have been ignored by the Government in drafting the Bill, and which I will come back to in the Brecon and Radnor context.
Secondly, I totally agree with my noble friend Lord Hain about the underrepresentation of Wales—the noble Baroness, Lady Finlay, and a few other noble Lords came in behind him. I will say only that even the 15% variant would not deal with the Brecon and Radnor problem; it deals with certain problems but not with that.
Finally, on the epoch-shaking issue of Devon and Cornwall, I am in no doubt about the passions that this stirs in that part of the country, but I know nothing about it or those passions, and therefore I will remain silent.
Lord Wallace of Saltaire (LD) [V]
My Lords, I hesitate to intervene on Welsh and Scottish matters, in particular on the complications of the geography of Wales, beyond saying that of course all the regions of this country have large and disparate constituencies. One of my strongest memories of the early days of the coalition Government was of standing in William Hague’s office in the Foreign Office, discussing with him where exactly it was as you moved from Richmond up Swaledale that you lost mobile phone coverage, and seeing the horrified expression on the face of his private secretary as he realised that the Secretary of State would be unattainable in large areas of his extremely large and remote constituency. Yorkshire also has large constituencies.
On the question of the union as a whole, I will say only that we should all be very worried about its future. I have close relatives who live and work in Edinburgh, and each time I talk to them, I get increasingly concerned about the future of the union. The image they have of a competent Government, who also value international ties, as opposed to the incompetent and English nationalist Government in London, gives me no guarantee that if there were another independence referendum, they would not vote to support independence. We also know the games that are being played over the future of Northern Ireland. I leave it for the Minister to reflect that we have a Government who are playing fast and loose with the union even as the Prime Minister insists that he is doing his utmost to defend it, and we need to be extremely cautious about that.
I most want to focus on Amendment 18, which talks about the importance of retaining local ties. I remind the Minister that the Conservative manifesto last December made no reference to a 5% variation as the limit, but said:
“We will continue to support the First Past the Post system … as it allows voters to kick out politicians who don’t deliver, both locally and nationally.”
That is the way one can defend the first past the post system—it is about having a recognisable community which each MP represents and in which the voters are aware of the link between the constituency and the MP. When I first started out in politics, I remember many Conservative MPs who would say, “I represent all the voters in my constituency, not just the ones who voted for me”. That was the old approach to this. The noble Lord, Lord Hain, has already said that the important thing is whether you can identify with the constituency you live in. I remember in the 2010 election standing in the middle of the marketplace in Huddersfield, canvassing for the Liberal Democrats, and every other voter who came up to me on market day said, “I live in so and so—can you tell me which constituency I am in?” We are only half way towards the problem that most voters do not know what constituency they live in. If we move boundaries more and more frequently, and more and more without reference to the idea of local community, we are moving away from the principle of the first past the post system.
I am sure that the noble Lord, Lord True, knows Edmund Burke off by heart, and his references to the importance of localism—of the “little platoons” in which people live. We are in danger of losing that connection. As we lose it, we weaken the connection between the voter and their elected representatives, and we therefore weaken trust in democracy as the idea of politics becomes one of a distant game in Westminster not connected with the voter on the ground.
I fear that the devolution White Paper, when it is published next month, may make that worse. We already have in cities such as Leeds and Bradford local wards which are 12,000 to 15,000 voters per ward. That means of course that in Leeds there are only four wards per constituency, which is one of the reasons why the question of dividing wards up as you adjust the numbers for the Leeds constituency comes up so frequently. Many of these wards used to be entire urban district councils. The gap between the most local elected representative and the voter has already been severely damaged, and I fear that next month’s devolution White Paper will have little to do with devolution but much more to do with weakening local government further. I appeal to the Minister, whose distinguished record in local government I am well aware of, and as someone who cares about local government, to bear in mind how important it is to restore trust in democracy among our voters by recognising that democracy starts at the local level and requires a link between voters, their local community and democracy as such through their elected representatives.
Given that, Amendment 18 is important. We should not lose sight of this. We do not wish to follow the United States down the road where each district is redrawn after almost every election according to partisan forms. Under a Conservative Government we follow American politics far too often in far too many ways. We need politics to regain its sense of the local, the national and the regional. That is why I strongly support this amendment.
Baroness Hayter of Kentish Town (Lab) [V]
My Lords, the case made for respecting communities by implementing the principle of equalisation in a fair and sensible way, as my noble friend Lord Hain put it, is pretty convincing. As I stressed at Second Reading and in Committee, MPs represent and need to know and understand the communities in their patch if they are to be able to speak on behalf of individual constituencies as the noble Lord, Lord Wigley, described. The better MPs know the schools, clubs, local authorities, head teachers, councillors, GPs, hospitals, charities and churches in their area, the better equipped they are not just to understand but to sort out the problems brought to them, hence the need to permit the Boundary Commissions, as they set about their work, to respect community ties.
It is obviously writ large in the case of Wales. One part of my family from one valley was Welsh speaking and the other from not many miles away as the crow flies—although a long way by road—was largely English speaking. As the noble Lord, Lord Lipsey, said in an earlier debate, we do not want Welsh MPs to have to go up to the Heads of the Valleys, across and then down to the bottom of the next valley in the same seat, a point emphasised today by my noble friend Lord Hain. As has been mentioned, Scotland’s special geography has been recognised in its two preserved seats, as has Ynys Môn, or Anglesey, in this Bill. I used to live in Anglesey. Believe me, it is much faster to cross the Menai Bridge than to travel from one valley to another in the south.
I recognise that I have not served in the Commons and neither has the Minister, but I think we both have enough colleagues who did to know a fair amount about the work of MPs. The amendments in front of us now are partly to help constituents to be well served and partly to help MPs represent those constituencies. They are partly to recognise the importance of communities and partly to give a proper voice to all parts of the union. They are important, and I hope that the Minister will hear what is behind them and be able to respond accordingly.
The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)
I do not believe that we have been able to recover the noble Baroness, Lady Jolly, so on that basis, I call the Minister.
Lord True (Con)
My Lords, perhaps I should open by congratulating the son of the noble Lord, Lord Tyler, on his great achievement in the channel. I think many noble Lords know that I am descended from generations of fisherfolk, and genetically the greatest horror I can imagine is finding myself swimming in the open sea, miles from land. I congratulate the team on their extraordinary achievement.
Moving on to the serious business of the amendments, I strongly disagree with the repeated tenor of the remarks made in your Lordships’ Committee that the proposal for a Boundary Commission with permission to have a plus or minus 5%—that is, 10%—tolerance in the size of seats sweeps away, as someone put it, all local ties. I say with respect that that is exaggerated talk. In discussion of the Bill, my noble friend Lord Hayward and I have made no secret of the fact that we believe that having broadly equally sized constituencies is pre-eminent, but there remains an allowance for recognising local ties and geography and so on, and it is to caricature the nature of the Bill or the Government’s objectives to say that it will sweep away local ties.
Without being in any way critical, because I know it is a long-held aspiration of many in your Lordships’ House, I can say only that as we have listened to the debates over the past three days some of these very arguments about local ties have come from people who for many years have argued for massive, multi-member constituencies in the name of proportional representation. There are difficulties in arguing on the one hand that small local ties are important, as I would argue and the Government recognise, while on the other saying that all these constituencies should be swept away and rolled together. I respect everything that everybody says in your Lordships’ Committee, but I note with interest that outside this Committee many of the self-same people have spent many years calling for massive multi-member constituencies.
We have talked on many occasions about tolerance. It is an important issue. There must be some degree of tolerance. There is disagreement in your Lordships’ Committee about what that might be, and that is reflected in the amendments before us. I will come on specifically to the points on Wales, which we have already discussed in this Committee, but it is an extremely important issue. It is not true to say that this Government do not respect Wales or that they are playing fast and loose with the union. Political comment and knockabout are fair enough, but this Government are passionately attached to the concept of our great union and all of us who speak about it should not feed the impression that we think otherwise. I will come back in detail to those points.
Starting with Amendment 18 and the idea that the Boundary Commission should have the ability to ignore the tolerance range wherever, in its opinion, local ties demand a more flexible approach, here the same arguments that we made during our previous discussion of the benefits of limiting the discretion of the Boundary Commission apply. Like many of us, I sympathise with what the noble Lord, Lord Wallace of Saltaire, said. He knows very well that if he tugs at the issue of local government, he certainly tugs at my heartstrings, which perhaps shows what a sad individual I am, but he is absolutely right about the importance of local government. Many of us here in your Lordships’ Committee will have had the privilege of serving either a constituency in Parliament or a local authority ward and, whether we have or not, we have all come from a local community. Several of us, including the noble Lord, Lord Foulkes, and I, have recognised that somewhere that we represented in our titles. Like every citizen, we feel strongly about those places and about what defines them: their geography, community and particular cultures, as my noble friend Lord Hayward said. I am a historian by training and vocation, and I could never be blind to those issues. These are our local ties; they are important and our experience is rich with them.
However, this amendment tabled by the noble Lord, Lord Foulkes, would place an obligation on the Boundary Commission to judge the respective merits of different local ties and to reward those deemed particularly strong with special treatment by relaxing the rules, but what of the neighbouring constituency where no special treatment applies? Perhaps in the neighbour’s case, the community might fit neatly into the constituency proposed and all within it will be content, but that will not always be the case. It is inevitable that some local communities where ordinary tolerance rules will apply will feel that if only the Boundary Commission understood their character fully, they too could have a different, more appropriate and more generously drawn constituency.
These are the essential ingredients of dispute and challenge, the kind of process that my noble friend Lord Blencathra described for us and that the noble Lord, Lord Rennard, drew our attention to in talking of the importance of clarity. They bring a potential to undermine in some ways, and certainly make more difficult, the work of the Boundary Commissions. I repeat that the Bill allows respect for local ties and the Government believe that what is in it is sufficient and the Boundary Commission will respect that.
Amendment 22 seeks to allow the Boundary Commission for Wales to use a tolerance range of 30%—plus or minus 15%. As was powerfully argued by the noble Lords, Lord Hain and Lord Wigley, and the noble Baroness, Lady Finlay of Llandaff, the intention is to provide more flexibility to the Boundary Commission for Wales in how it responds to the particular geography of Wales, which in parts is rural and sparsely populated. I do not accept that Wales has been treated, to repeat a phrase that was used, punitively. My noble friend Lord Hayward addressed this point. I and the Government do not believe that equal representation in our Parliament is punitive; it is equal representation, which should apply across England, Wales and Scotland. We all have an equal stake in our union and should be equally represented. Wales, of course, has the great benefit, which England does not, of having its Senedd.
I cannot accept the amendment. As with the other amendments we have discussed, we cannot accept an amendment that will allow a greater degree of variation in the size of considerable numbers of constituencies, in this case only in Wales. We cannot prejudge how the Boundary Commission for Wales might apply this proposed tolerance range, but the result could be that, as was pointed out today, more urban constituencies—for example in Cardiff or Swansea—would have considerably more electors than more rural, less populated constituencies. That variability in electorate size means one thing: voting of differing strengths for the people of different parts of Wales and the people in different parts of the union. Therefore we cannot accept the amendment before the Committee.
I turn to the amendment tabled by the noble Lord, Lord Tyler, and supported by my noble friend Lord Bourne of Aberystwyth. “Shall Trelawney die?”—in my day at school we used to sing these good old songs. I am fully aware of the passion—the word has been used by others—that is rightly held for the history and spirit of Cornwall and Devon. The noble Lord’s amendment looking at Devon and Cornwall seeks to erect inviolable borders around each of those two counties. I am sure this will find great favour in parts of the south-west. In effect, the amendment treats Devon and Cornwall separately, with their own allocation of constituencies, just like the nations of England, Scotland, Wales and Northern Ireland. Once the allocation for Devon and for Cornwall had been set, presumably using the same method as for the four nations—consequential amendments would be needed to establish this, but I will not go into the technicalities of amendments as we are arguing the issue—it would be for the Boundary Commission for England to propose the boundaries of those constituencies within the boundaries of Devon and Cornwall.
The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)
I have received one request to speak after the Minister. I call the noble Lord, Lord Hain.
Lord Hain (Lab) [V]
My Lords, I thank the Minister for his moderate and reasoned response. However, I appeal to him again to look at Amendment 22. By the way, I have never favoured multi-member PR seats; I have always been in favour of the single member alternative vote system, which is fairer. I urge him to listen and read again the excellent contribution from the noble Baroness, Lady Finlay, and her point about fuelling separatist nationalism. We had a Secretary of State for Wales in the 1990s called John Redwood; he was a perfectly nice man personally but he behaved in an arrogant fashion. A lot of people in Wales, despite the moderation the Minister showed in his response, will see this as a punitive measure because Wales has been hit harder than anybody else.
We are not asking for the moon in Amendment 22. It is a moderate, constructive amendment. I and those who have backed it are not seeking to overturn this legislation, whatever our feelings about it or the motivation for it. We are asking the Government to give this to the Boundary Commission for Wales because of the unique circumstances of Wales which have historically always been recognised by Parliament. This is making a break with tradition and history, and the Minister should explain why the universal principle of equalisation, which has applied over the changes in boundary reviews for a long time, has been put on a rigid, straitjacketed altar that affects Wales so uniquely and badly.
There should be a 15% variation for Wales as opposed to 5%. Yes, there will be knock-on implications for England, but it has hundreds of seats—more than 500—whereas Wales has 40, so it will be a bit of impact for everybody as opposed to a massive impact for a few in Wales. I urge the Minister to reconsider this. Otherwise, his Government will reap a bitter harvest in Wales, as happened in 1997 when they lost every single MP because they were perceived as behaving in an arrogant way towards Wales. I do not accuse him of that personally, but I appeal to him to look again before Report at this moderate, constructive amendment proposing a 15% variation as opposed to a much more rigid 5% and see whether he can support it.
Lord True (Con)
My Lords, I cannot give the noble Lord enormous hope of a volte-face in the Government’s position. I can say to him and to all members of the Committee on this and other issues that I will read what has been said extremely carefully. It is my duty as a Minister to listen to what colleagues and other noble Lords say here and to reflect on it.
The Government’s position is that of course we want Wales, as all other parts of the United Kingdom, to be well represented. A sense of contact with democracy, which others have referred to in this Committee, is vital. Wales is fortunate in that it has a wonderful, solid tradition of local government out of which some of the greatest politicians in the history of our country have emerged. It has that system of local government and the Senedd with legislative powers over a range of policy areas. It has a strong voice in Westminster, including through the Welsh Affairs Committee, the Welsh Grand Committee and voices on the Benches of this House—we have heard them today—who persuasively make the case for Wales every day.
The Bill does not seek to change any of Wales’s democratic traditions—as if one ever could; we would never wish to do that. It would simply make sure that for UK general elections, wherever a vote is cast across the Union, it will carry the same power in helping to decide who governs our country. That is our position and the one I put to the Committee. Of course, I was not suggesting in any way that the noble Lord, Lord Hain, was guilty of arguing for multi-member constituencies outside this Committee and for micro-activity inside. I think he perhaps knows who I had in mind. I will, of course, reflect and carefully read the wise and heavy words of all those who have spoken. I have no doubt from what I have heard in this Committee that we may well be hearing further discussion of this later in the Bill and on the Floor of the House, where, I agree with the noble Lord, Lord Foulkes, many of us would like to be.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, I am grateful to members of the Committee for supporting my Amendment 18, particularly the noble Lord, Lord Wallace of Saltaire, who stressed the constituency link. It reminded me that when I was in a radical mood, as I was when I was a bit younger, I used to say: “Why do we use this term ‘the honourable Member for Carrick, Cumnock and Doon Valley’? It is very old fashioned”. Someone reminded me that it is a very clear way of reminding people that you represent a constituency. You are not there as George Foulkes, you are there as the honourable member for Carrick, Cumnock and Doon Valley—that is very important. They do not do the same in the Scottish Parliament; they use individual names, as the Chairman—I nearly called you Ian—knows. In fact, Alex Salmond used to call me Lord Foulkes, using “Lord” as a term of abuse —look what happened to him. I am grateful to the noble Lord, Lord Wallace of Saltaire, for his support and for reminding me of that.
I am even more grateful to the noble Lord, Lord Hayward, for pointing out exactly what I was trying to say earlier, that “shall” refers to the arithmetic consideration and “may” to the local links. I wanted to turn it the other way around and I am grateful to him for pointing that out.
My noble friend Lord Hain made a very powerful argument on behalf of Wales. I am almost Welsh—I was born in Oswestry. I remember at Gobowen station an announcement that the steam train would go to Llanymynech and Pant. I thought it would breathe heavily at Pant, but Pant, of course, is a town in Wales, as members of the Committee will know, so I know Wales very well. However, I say to my noble friend Lord Hain: “Don’t make the case for Wales at the expense of the case for Scotland”. I was disappointed that he did that.
I remind him that the largest constituency set out by the Boundary Commission for Scotland was Highland North, which is 65% of the size of the whole of Wales. Scotland represents one-third of the land area of the United Kingdom—sparsity, size and difficulty of getting around apply a fortiori to Scotland more than even to Yorkshire, with no disrespect to the noble Lord, Lord Shutt of Greetland, on my left, and to Wales. Please do not give the Government the opportunity to divide and rule. The case for Scotland is strong; the case for Wales is strong as well.
Finally, I have got to know the Minister a lot better as time goes on and he is a very polite and kind man, but he did say that if conflicts arose between one area and another with people arguing for one constituency, then another might lose out as a result. That is precisely what the Boundary Commission is there to sort out. It has to make these judgments in relation to the representations that it receives. I therefore do not accept his explanation—despite the nice way in which he put it. We will no doubt return to this general and particular issue on Report. In the meantime, I beg leave to withdrawn the amendment.
The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)
We now come to Amendment 21. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.
Clause 7: Protected constituencies
Amendment 21
Lord Lipsey (Lab)
“(d) a constituency named Brecon and Radnorshire with identical boundaries to those of the existing Brecon and Radnorshire constituency”Member’s explanatory statement
This amendment creates an additional protected constituency to make this seat geographically manageable.
Lord Lipsey (Lab)
My Lords, Brecon and Radnorshire, let me count the ways I love thee. It was quite a tie to come up to the House to be able to present my case for the constituency in person this afternoon when I saw the weather forecast suggesting 24 degrees today. I believe strongly that it should remain a single constituency, but perhaps more importantly, I have sought the views of the present Member, Fay Jones, as to whether it should be a single seat. All the views of existing Members of Parliament on their constituencies and boundaries have to be taken with a pinch of salt. As an invariable rule, they want no changes in the boundaries unless they think it is going to bring in a lot of extra votes for them, in which case they may well favour changes, but Fay Jones has established herself as a well-liked local representative of the people.
She writes as follows: “Brecon and Radnorshire is an outstanding constituency but it is not without its challenges”—you can say that again. “It stretches from Ystradgynlais”—did I get that right, I ask the noble Baroness, Lady Hayter?—“in the south-west corner of the constituency 60 miles north of Swansea to Knighton in the north-east, 10 miles west of Ludlow”. Towns include, “Brecon, Crickhowell, Talgarth, Builth Wells, Llandrindod Wells, Presteigne, Knighton, Rhayader, and Ystradgynlais itself—a huge variety and more than 3,000 kilometres, which is bigger than Luxembourg. I frequently have a 63-mile drive to get from one meeting to the next, taking well over an hour and a half to drive between meetings. Considering the additional challenge of sub-standard broadband and mobile signal, it is still essential to travel to face-to-face meetings as much as possible. Covering such a large rural area takes a huge amount of time and energy and, while I hope I am still young enough to do the role justice, an even bigger constituency may reduce the quality and frequency of the service offered by the Member of Parliament.” I endorse all that.
Baroness Humphreys (LD) [V]
My Lords, I thank the noble Lord for tabling this amendment to add Brecon and Radnorshire to the list of protected constituencies in Wales. It is, as the noble Lord says, a beautiful constituency, with endless miles of green, lush hills and pastures, a few popular and busy market towns, and wonderful historic farmhouses. It is a constituency that I am very familiar with. I have enjoyed every occasion when I campaigned or canvassed there. I can testify to the remoteness of some of the villages and the problems of walking up to the top of hills in an effort to get a mobile phone signal. It also, of course, has the rather dubious honour, as we have heard, of being the largest constituency by area in England and Wales.
The noble Lord’s concerns are understandable, but his concerns reflect those of other constituencies too. Last week, I said how comfortable many felt with the 40 constituencies we have had in Wales since 2010. However, I recall the reactions to the outcome of the 2018 boundary review in north Wales as well. That review proposed that my home constituency of Aberconwy in the north, a reasonably compact constituency with an electorate of some 44,500, was to be replaced by a new Gwynedd constituency, covering the whole of the rural hinterland, from the tip of the Llŷn peninsula in the west almost as far as Denbigh in the east, some 70 miles across, and south as far as Tywyn in Merioneth, some 60 miles away from my home in the Conwy Valley. As is the case with Brecon and Radnorshire, there would not have been a town with a population larger than 10,000 in the constituency. The thought of attracting a candidate brave enough to take on a commitment to such a large area was quite daunting.
I hope the next review will be kinder to north Wales. Whereas the review for the 2010 elections succeeded in producing compact constituencies by linking the more populated coastal conurbations with their rural hinterlands, that option was not available to the 2018 review. The reduction in the number of proposed constituencies in Wales at that time from 40 to 29 and the requirement to create constituencies of equal size put a strain on the options open to the commission.
Key to the hope for a less severe outcome next time in north Wales is the decision to create the protected island constituency of Ynys Môn. The 2018 review had linked the island with the university city of Bangor, across the Menai Straits, in order to create the larger Ynys Môn and Bangor constituency. This had the effect of leaving the rural area of north-west Wales without a major conurbation to help reduce the area of the massive Gwynedd constituency the commission proposed.
I assume that it was this same approach that also led to the proposed formation of the Conwy and Colwyn constituency—an amalgamation of the major coastal conurbations of Llandudno and Colwyn Bay, which also robbed their rural hinterlands of areas of significant population. My hope is that the 2020 review will now be in a position to link rural areas of north Wales to their larger conurbations and create constituencies that make more sense historically, geographically and demographically, even if those new constituencies cover a much greater area than they do now.
The 2018 review also proposed increasing the size of Brecon and Radnorshire by adding part of south Montgomeryshire to it. The noble Lord is obviously seeking to avoid that proposal returning, but the review also proposed increasing the size of Ceredigion by adding parts of north Pembrokeshire and adding south Clwyd to the remaining part of Montgomeryshire, creating the mega-constituencies the noble Lord, Lord Hain, mentioned earlier. Each of these mid-Wales constituencies could make an equally valid claim to become a protected constituency, but I think that each of them realises that protection for one constituency, in these circumstances, can have a negative knock-on effect on its neighbours.
Now, with 32 or more seats to create, rather than the 29 proposed in 2018, there is some hope that the Boundary Commission for Wales will have slightly more room to manoeuvre and will have the opportunity, I hope, to deliver a better balanced outcome.
Baroness Gale (Lab) [V]
I support the amendment in the name of my noble friend Lord Lipsey. Brecon and Radnorshire is the largest constituency in Wales and England by area, with a population of around 69,000 and an electorate of 53,000. It is a rural area with a small population, and to get the numbers up to the quota suggested would mean having a constituency that would cover an even larger area of Wales.
Brecon and Radnor at the moment is a very big constituency, stretching from Ystradgynlais in the south—which is the largest town with a population around 9,000—to Presteigne in the north. It is a round trip of around 300 miles. I know as I have done it. I spent much time driving around the constituency when I was a Labour Party organiser. I used to enjoy the scenery very much. The drive over the Brecon Beacons is probably the most scenic you can find, I would have thought. The beauty is outstanding.
Lord Blunkett (Lab)
My Lords, I will be brief because I do not have the power to reminisce like my noble friend Lord Lipsey or the recollections of my noble friend Lady Gale of traversing the constituency and seeing more sheep than people and presumably getting more and more frustrated as election day dawned.
My great-grandfather was born in mid-Wales, and I have a great affection for the area. I primarily put my name to this amendment because it demonstrates, if nothing else, the absurdity of having rigid numerical targets for the impositions of the Boundary Commission and then exempting islands and Ireland from the requirement while constituencies with 3,000 square kilometres are left to fend for themselves in arguing the case for a balance between the size and rurality of the constituency and the logic of being able to represent people adequately with individuals able to make contact with their constituency MP other than on Zoom or by text.
It seems to me that the Government have put the Boundary Commission in an impossible situation. The only thing I can say about the debates we have been able to have —and they have been extremely powerful, including earlier this afternoon—is that it might help the commissioners and those doing the leg work for the commission to understand much more powerfully just what the challenges on the ground are. I hope by the time they get the final remit that the Government will have adjusted their requirements and whatever amendments we are able to pass on Report will be kept in the House of Commons. Without them, we are going to get some absolute absurdities and contradictions. Speaking to this amendment and highlighting the position of Brecon and Radnorshire is a way of demonstrating that a little common sense should apply. I understand that we are nudging nearer to greater parity of numbers across the bulk of the country but we should stick rigidly to giving power to the Boundary Commission to make sense of local requirements.
Lord Tyler (LD) [V]
My Lords, there have been some very powerful contributions on what looked like a very small problem, although it is for a very big area. I know this constituency quite well. One of my brothers has lived there for over 60 years, and I spent a great deal of time in the company of my splendid colleagues Richard Livsey and Roger Williams, both of whom will be well known to many Members of your Lordships’ House and, no doubt, to the Welsh Members of this Grand Committee. They were both very effective MPs for that constituency. Knowing that area, I have great sympathy for the arguments that have been made. However, I will underline and reinforce the point made by my noble friend Lady Humphreys.
The Deputy Speaker (Lord Duncan of Springbank) (Con)
My Lords, we will now resume the debate on Amendment 21. However, before we do, I will explain what has happened for the benefit of those who have been joining remotely. In the building, the Division Bells alerted us to a Division, and I adjourned the proceedings. Unfortunately, however, my adjournment was not heard and, as a consequence, the noble Lord, Lord Tyler, was not informed that it had happened and he continued with his remarks, for which we owe him an apology. We therefore invite him to repeat his remarks so that we may hear them. Although they were still being spoken, they were drowned out by the bell and various other elements. Therefore, if the broadcast hub can return us to the noble Lord, Lord Tyler, we will invite him to repeat his remarks.
Lord Tyler (LD) [V]
I am very grateful. It was in fact a complete mystery to me that the House was voting, because in preparation for my speech I had, correctly, turned off my iPhone, so there was absolutely no way I could have known that a Division was taking place. If any Members of the Grand Committee have already heard anything of what I have said, I apologise most sincerely. The repetition will probably be quite different, because I was seeking to respond to the debate that had taken place, rather than just to read some prepared remarks.
I know the Brecon and Radnorshire constituency quite well. My brother has lived there for more than 60 years. I went there on a number of occasions to support Richard Livsey and Roger Williams, distinguished Members of Parliament there. I spent a lot of time with local farmers there, understanding only something of what they were saying, because my Welsh is non-existent, and I found it extremely important to know something of the communities to which other Members have referred.
The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)
I thank the noble Lord, Lord Tyler, for his understanding. If something is worth saying, it is worth saying twice. I call the next speaker, the noble Baroness, Lady Hayter of Kentish Town.
Baroness Hayter of Kentish Town (Lab) [V]
I am not sure whether the Deputy Chairman is inviting me to say everything I am about to say twice, but I will try to refrain from doing so.
I welcome this debate. It illustrates the fallacy of trying to achieve arithmetic equivalence with no recognition of geography, travel habits, infrastructure, community or even the work of an MP in representing her or his constituents and constituency—I make that distinction between the two. We are talking here of a constituency of 3,000 square kilometres—it is larger than Luxembourg—so representing it is already a challenge, not just for the MP who has a 60-mile drive between meetings but for political parties which need to function along constituency lines. Brecon and Radnorshire may have a small number of voters, but it is very big not just in its heart but in geography, as its MP said, from my home town of Ystrad in the south to Knighton in the north-east, much of it with scant access to public transport. I have never done it myself, but my noble friend Lady Gale says it is about a 300-mile round trip. I hope she was not enjoying our views too much when she was driving at that time. So it is very different from my present home in Hackney where it is still possible to beat the bounds, albeit I do it on a bicycle these days—a mode of transport that now defeats me in Wales.
It is already difficult, as we have heard, for the MP to serve this constituency as it is. A larger one would not only be more challenging travel-wise but would break the pattern of travel, which, as we have heard, is currently up and down the valleys and not across mountains. Organising meetings with constituents, interest groups, local councillors and Senedd Members—or organising elections—would be near impossible, with simply no public transport reaching across the constituency.
As I said earlier today and emphasised at Second Reading, MPs do not just represent constituents but communities. An expansion which took the constituency into different places of work with different schools, served by different local authority areas with different histories and even different dominant languages would make relating to all the relevant interest groups and organisations really hard to achieve—particularly when involving different local authorities and a greater spread of elected representatives. Understanding the community, its rhythms, employments, schools, charities, welfare clubs—where we come from it is choirs—is as vital a part of MPs’ work as the casework they turn to every weekend. That is partly because, as I said earlier, dealing with that casework means you need to know the organisations in your constituency.
It is a very rural area, as we have heard, and has a low population. To achieve the quota, even if it were amended, it would have to cover very different areas, possibly Montgomery, as was suggested last time.
As has been said by others, it has been accepted that islands are a special case and that constituencies should not cross water. I have to say, mountains are as high as rivers are deep, and communities have been built up along valleys, not across hills. I look forward to hearing from the Minister—I wonder whether she will take up the suggestion to come and visit the place—how an even larger constituency will serve the needs of the good people of Brecon and Radnorshire.
Baroness Scott of Bybrook (Con)
I thank all noble Lords for their comments this afternoon on Wales in general and on Brecon and Radnorshire in particular. As I have already stressed, I understand how strongly your Lordships feel about particular parts of the country and about protecting the voices of the communities that dwell there.
Having spent 25 years in local government and gone through many boundary changes in my divisions, I understand how difficult it is. I also understand that there are opportunities to explain to the Boundary Commissions about local priorities, communities and transport links, and I understand that they listen. Not all is lost. Every MP and councillor will think that their particular constituency or division is unique.
The idea of the noble Lord, Lord Lipsey, responds to the geography and rurality of mid-Wales by proposing a protected constituency covering the area currently covered by the existing constituency of Brecon and Radnorshire. Here, the tolerance rules would not apply. I have heard the passion for this constituency from almost every noble Lord. Interestingly enough, I also know this area very well. I have sold many sheep—Black Welsh Mountain, torddus and torwens—in Builth Wells over a number of years. I have also spent many very happy weekends at the Royal Welsh Show in this constituency. I know how rural it is and how difficult it is to get around there. I was particularly moved by the noble Lord, Lord Lipsey, saying “I love thee”. That is how many of us feel about the places we grow up in and live for the rest of our lives.
Just like many other rural parts of the UK, the rural character of parts of Wales can generate a small number of larger constituencies in places, and Brecon and Radnorshire is currently the largest. This amendment would remove that constituency from the tolerance regime and fix it at its current electoral size, which is approximately 55,000. That is over 15,000 less than the UK average.
There is no doubt that rural constituencies present their own challenges, particularly in terms of travel for constituents—we have heard a lot of that from noble Lords, particularly from the noble Baroness, Lady Gale —and their MPs, but that truth would also apply elsewhere, in East Yorkshire or North Antrim, for example. It also applies to Montgomeryshire, right next door. As we heard from the noble Lord, Lord Foulkes of Cumnock, the size of some of the constituencies in Scotland is far, far greater.
I remind your Lordships that the Government’s manifesto commitment is to deliver updated and equal constituencies. We have heard that many times in this Committee. There are some unique geographical locations where tolerance cannot reasonably be applied and where a protected constituency is merited, but there are only five of them. They are all islands with considerable populations. Ynys Môn is an island, but it is also of sufficient size. These islands are separated from the mainland by sea and with the accessibility challenges that come with that.
To ensure equality for the electors of the United Kingdom, our approach to protected constituencies must be a sparing one. If we were now to add Brecon and Radnorshire to that short list of protected island constituencies, we would not have to wait very long for several other rural constituencies of a similar size in England, Wales, Scotland and Northern Ireland to join the queue, and with good cause. Much of the debate of this amendment has gone back to the tolerance levels. However, I think my noble friend Lord True answered these queries in the debates on previous amendments extremely well and I do not intend to repeat his arguments.
The Government believe strongly that equal constituencies and equal votes are important to our democracy. This is not a queue that we wish to form, and I urge the noble Lord to withdraw his amendment.
The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)
We have had no requests to speak after the Minister so I call on the noble Lord, Lord Lipsey.
Lord Lipsey (Lab)
My Lords, I thank all noble Lords who have spoken in this debate and particularly those who have spoken twice. I will make one point. The Minister expressed her support for the existing exceptional constituencies and said that Ynys Môn was of sufficient size. Not only is it a quarter of the size of Brecon and Radnorshire in geographical area, it has 51,925 electors as opposed to Brecon and Radnorshire’s 55,490. If Ynys Môn is of sufficient size, so is Brecon and Radnorshire.
This may have been an oversight by the Minister, but I did say that I and the Conservative MP for Brecon and Radnorshire would like to have a further conversation before Report. It would be extremely kind if the Minister were able to give an assurance that that request will be seriously and positively considered. Subject to that, I wish to withdraw my amendment.
The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)
Does the Minister wish to come back on that point?
Baroness Scott of Bybrook (Con)
I apologise to the noble Lord, Lord Lipsey. I will talk to the department and I am sure that we can work something out.
The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)
Excellent.
The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)
That concludes the Committee’s proceedings on the Bill. I remind Members to sanitise their desks and chairs before leaving the Room. Thank you.
Parliamentary Constituencies Bill
Thursday 8th October 2020
(4 years, 2 months ago)
Lords ChamberRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-R-I Marshalled list for Report - (5 Oct 2020)
14:15 - Division conducted remotely on Amendment 2 - Ayes: 261 / Noes: 240 - Amendment 2 agreed.
14:29 - Division conducted remotely on Amendment 3 - Ayes: 251 / Noes: 214 - Amendment 3 agreed.
16:21 - Division conducted remotely on Amendment 11 - Ayes: 319 / Noes: 224 - Amendment 11 agreed.
18:00 - Division conducted remotely on Amendment 13 - Ayes: 269 / Noes: 235 - Amendment 13 agreed.
19:35 - Division conducted remotely on Amendment 16 - Ayes: 293 / Noes: 215 - Amendment 16 agreed.
Baroness Hayter of Kentish Town (Lab)
One objection to automaticity was that it left a delaying power in the hands of the Government. Given that the Minister has added his name to Amendment 6, thus precluding that mischief, I will not move Amendment 1.
The Deputy Speaker (Baroness Finlay of Llandaff) (CB)
We now come to the group beginning with Amendment 2. I remind noble Lords that Members other than the mover and the Minister may speak only once, and that short questions of elucidation are discouraged. Anyone wishing to press this or the other amendment in this group to a Division should make that clear in debate.
Amendment 2
Lord Foulkes of Cumnock
Lord Foulkes of Cumnock (Lab Co-op) [V]
My Lords, I also speak to Amendment 3 in my name. Amendment 2, if agreed to, would move the next review, beyond 2023, to 2033 instead of 2031, thus making it a 10-year gap. Amendment 3 would make that a permanent arrangement.
As a former MP, I am acutely aware of the disruption caused by reviews, not just for MPs but for their constituents, councils, councillors, local organisations and many others within the constituency. Others who are going to participate in the debate will confirm and testify to that.
Some Members will recall that in Committee, in discussing amendments giving priority to communities over arithmetic and amendments on the percentage variation—which will be covered again today in the debate on Amendments 12, 13, 14 and 18—we discussed the importance of the linkage between the MP and her or his constituency. Good MPs work in their constituency, very hard: helping individuals at surgeries and in other ways; working with organisations of all kinds; and building up a rapport and an understanding to enable them to represent their constituents at Westminster. An MP is a representative, not simply a member of an electoral college to elect a Prime Minister and thereby a Government, as some of the current special advisers seem to believe.
I know well the excitement, or rather the trauma, of boundary reviews. I was first elected in 1979 and experienced my first review very quickly, in 1983, so I know what it is like. Thankfully I survived, but I have seen many good MPs have their careers ended arbitrarily as a result of a review.
We currently have fixed five-year Parliaments—I know some consideration may be given to that—but previously we had four or five-year Parliaments as normal. If that continues, a review every eight years would mean that most MPs would face a review in every second Parliament, which is not much time for them to settle in and get to know their constituency, their constituents and how to represent them effectively. Time would be taken up by MPs preparing for the next review, perhaps even for selection and reselection—all this just in the Government’s wish to get more arithmetic exactitude.
The Government argue that this makes every person’s vote equal—of equal strength and equal value—but that does not take account of other factors, like marginality. If they really wanted every vote to count, they would be moving towards proportional representation, which I know the noble Lord, Lord Rennard, who is following me, and others would like, but I know the Government do not want that and are not going to move in that direction.
My main argument is to minimise disruption, to increase the accountability of MPs to their constituents and to increase their effectiveness—something that is being sidelined in our parliamentary democracy. I beg to move Amendment 2, and I wish to seek the opinion of the House by Division when we come to that point.
Lord Rennard (LD)
My Lords, the Bill sets out a system for reviewing constituency boundaries which will result in changes much more dramatic than those of any previous reviews ever put in place.
I would like you to imagine the position of a newly elected MP in a general election in 2025. They will have won a seat with new boundaries, but just four years later a new boundary revision process will begin. From 2029 they will be engaged, over a two-year period, in arguments about whether the constituency might exist again, or whether it should be redrawn in a very different form. They will not know the decision of the boundary commissioners until the end of September 2031.
Under these rules, Parliament will no longer have a say over whether the proposals are implemented. The new boundaries will therefore take effect in any general election from February 2032. There will be just four months between the Boundary Commissions’ reports being finalised and their proposals automatically taking effect in any general election. All that is certain is that the proposed constituencies will be very different from those at the previous election.
The problem with eight-yearly reviews, a fixed number of seats in each state or region and very limited flexibility from the quota of electors in each seat is that they will involve major changes to more than 300 constituencies every time. Not many more than 100 constituencies are likely to have unchanged boundaries. This is not a one-off problem but is what will happen with every boundary review in future.
The frequency of reviews involving dramatic changes to boundaries does not make sense if the link between MPs and their constituencies is to be valued. Unfortunately, little consideration was allowed in the other place for the question as to how frequently reviews should take place. Over the past 50 years, we have had 14 general elections. That is an average of one every three and a half years. Therefore, with a boundary review every eight years, and with the rules as proposed, we can expect that only one in five constituencies will exist with the same boundaries for two consecutive general elections.
Somebody winning a seat shortly after a boundary review will know that they will get the chance to fight that same seat just one more time. There will then be a 50% chance that it is reorganised in a major way, and an 80% chance of the boundaries being changed in some way. But somebody winning a seat more than four years after a boundary review will immediately face a 50% chance that the constituency boundaries will change in a major way at the very next election, and an 80% chance that the constituency boundaries will be changed. It may be that some people welcome this kind of disruption to constituencies. Internal selection battles may be a great joy for some people but constantly having to engage in them cannot be good for anyone who wants to serve the people of a constituency or to demonstrate that they could do so in future. Party HQs may welcome frequent reorganisations so that awkward MPs might find themselves forced out and without a seat, while more obliging loyalists could be rewarded with new opportunities.
One of my friends on the Cross Benches, the noble Lord, Lord Alton, was an excellent constituency MP, but he twice found that a constituency that elected him with large majorities was effectively abolished by the boundary review process. Constituents cannot be well served in a system in which constituencies are likely to exist for only two general elections.
The late and much missed Professor Ron Johnston, has been quoted by all sides many times in our debates on the issue of boundary reviews. In Grand Committee, the Minister, referred to his “respect and appreciation” for him. Professor Johnston felt that a constituency should exist for three general elections before its boundaries could be redrawn. The only way in which to make that more likely while keeping boundaries reasonably up to date is to make the reviews every 10 years, not every eight.
Lord Taylor of Holbeach (Con) [V]
My Lords, I apologise for not participating in Committee, having spoken at Second Reading, but I followed the three days of debate in Committee. I saw the feed on the first day, in which the noble Lord, Lord Foulkes of Cumnock, raised his proposal for a 10-year cycle for reviews. I was surprised at his persistence in bringing back the issue on Report. Not only has he gathered comrades in arms from the opposition coalition, he has the noble Baroness, Lady Hayter of Kentish Town, and the noble Lord, Lord Rennard, as co-signatories to his proposals. However, where are the interests of parliamentary democracy served by another example of foot-dragging on boundaries? I excuse the noble Lord, Lord Rennard, because I suspect, from listening to the views of the noble Lord, Lord Tyler, and Lib Dems generally, he would wish to do away with single-member constituencies altogether, in the hope of achieving something more advantageous to the Lib Dem cause of proportional representation.
Lord Morris of Aberavon (Lab) [V]
I have little to add to what I have heard. It is important that changes to constituencies are not too frequent. A Member of Parliament gets close to the local authorities, the electors and all sorts of organisations. I have had the experience of representing a constituency for 23 years and then half of it being taken away from me to the east because the county boundaries changed. The numbers had to be made up by adding two new wards to the west. It was not easy, but we conquered the problem. One had to rebuild new associations, friendships and interests, and people wanted to know you better. It is therefore a very bad thing, in my experience as a Member of Parliament for 41 years, for constituency changes to be too frequent. I support the amendment.
Baroness Pidding (Con) [V]
My Lords, I spoke at Second Reading but not in Committee, but I have been following the Bill’s progress with great interest. It is fundamental to our democracy. I want to express my concern about this grouping and to speak against Amendments 2 and 3 in the names of the noble Lords, Lord Foulkes of Cumnock, Lord Rennard, and the noble Baroness, Lady Hayter of Kentish Town.
The fundamental reason for boundary reviews is to ensure that constituencies of equal size are maintained. To do this, we need the data to be reviewed on a regular basis, balancing this with the need to avoid constant disruption. In a fast-moving world of significant changes in our demographics, which can be through housebuilding or geographical migration, including changes to people’s work patterns and locations, it seems that the Government’s proposal in the Bill to conduct boundary reviews on a cycle of eight years is fair and reasonable. If, as the amendments propose, boundary reviews are held only every 10 years, there will be an even greater risk than there is now that constituency boundaries will become out of date and unequal between the reviews.
Prior to 2011, when general reviews took place every eight to 12 years, it was a very unsatisfactory system where interim reviews would take place to consider whether particular constituencies should be updated between the general boundary reviews to take account of local government changes and shifts in population in particular areas. Those interim reviews were disruptive. They were made at the discretion of the Boundary Commission and they made it difficult for MPs to develop stable and effective constituency relationships with communities. A balance of eight years should avoid the need to hold interim reviews, which has to be a good thing.
It is right that all parliamentary constituencies should be of equal size and that everyone’s vote carries equal weight. It is a balance between regular reviews and minimal upheaval while ensuring that constituency boundaries accurately represent significant demographic shifts in a fast-moving world. Eight-year reviews strike the right balance.
Lord Lipsey (Lab) [V]
My Lords, I support the amendment and I want to focus on one particular point. The Minister, in replying to the debate in Committee, put great weight on the support that he alleged his proposals had received from interested parties. I shall quote him:
“Prior to the Bill’s introduction we engaged with all the parliamentary parties and with the electoral administrator representatives, and an eight-year cycle was the one that was supported.”—[Official Report, 8/9/20; col. GC 171.]
I had hoped for rather more than that, so I put down a PQ. I did not get a lot more in response; I will come back to that in a moment. It said:
“Ahead of the Bill’s introduction, the Government engaged with parliamentary parties, and electoral administrator representatives, and there was general acceptance of an 8-year cycle.”
In Committee, the Minister said the eight-year cycle was “supported”, but in reply to the PQ he said it was accepted. Those are very different things. Being supportive is, “What a jolly good idea, Minister. How wise you are.” Being accepting is, “Well, Minister, if that is really what you want, I suppose that we will have to go along with it.” That comes perilously close to misleading the House.
I would be inclined to forgive the Minister for that if, when he winds up the debate, he is able to give a clear and concise summary of exactly what the consultation consisted of, who was consulted and exactly what their replies were. If he cannot do that in winding up—I understand that he might be a bit short of time—I would be grateful if he would give a commitment to write to all noble Lords involved in this debate setting out at greater length and in more detail what the consultation was. In doing so, he will make us a great deal more confident that this is not a product of ministerial whim and the justification for it thought up only after the event.
The Earl of Shrewsbury (Con)
My Lord, I believe that it is sensible to have more frequent boundary reviews than those being proposed in the amendment. Prior to Covid, this country was enjoying very substantial employment figures and people were relocating around the country to where the jobs were to be found. However, the pandemic has changed absolutely everything. The jobs market is dreadful and getting worse, and when we eventually arrive at a new normal, I suggest that it will bear little resemblance to what we knew pre-Covid. Jobs will be extremely difficult to come by, and to find employment people will have to translocate in pursuit of work. This will inevitably change the shape and size of many constituencies and demographics in general. That is one reason that I believe it is vital that boundaries are reviewed on a more frequent basis than that being proposed in this amendment. That is why I shall support the Government.
Lord Blunkett (Lab)
It is always a pleasure to follow the noble Earl, Lord Shrewsbury, not least because of his own and his family’s historic links with the city of Sheffield. However, I have to disagree with him on this occasion. I shall speak briefly in favour of the amendments because I want to speak again on Amendment 12 and the substantive issue around that.
To pick up the point that was just made by the noble Earl, if we are not to have the catastrophe of a major shift in population further away from the north of England, we will have to take the opportunity of the use of social media and more imaginative and creative ways of bringing jobs to people, rather than people having to go to existing jobs; otherwise, we will have an even greater imbalance in the country, both economically and socially, than we have already.
The simple point I want to make is one that I made in Grand Committee. Unlike the noble Lord, Lord Taylor, I do not believe that the issue is about the Member getting to know the constituency before they are elected, if they are lucky enough to be so; it is about the constituents getting to know the elected Member. In the single-member constituency framework that we have and of which I am in favour, it is absolutely fundamental that the constituents know who is representing them, that they know where to contact them and that a constituency Member gets to know the critical areas of the community so that they become a voice for the area, whichever party they start off representing.
I want to make just one additional point in response to the noble Baroness who has spoken against these amendments. I experienced an interim boundary change because of local authority boundary reorganisations. It was nowhere near as disruptive as the major and complete rebanding of constituencies in the period that I experienced otherwise. It added a part of Hillsborough into the Brightside constituency, which has allowed me to take the title of Brightside and Hillsborough—although I spent a lot of time in Hillsborough, not least in the football ground, when we were permitted to do so.
This is all about stability and the arrangements that complement and develop the concept of the citizen knowing who represents them in our system. These amendments are a sensible way of ensuring that we do not have constant disruption. That may be good for numerical equality, which we will come to later, but it has absolutely nothing to do with democratic representation.
Lord Tyler (LD) [V]
My Lords, I agree very much with what the noble Lord, Lord Blunkett, has just said about the emphasis on people’s interests rather than those of politicians, and I shall come back to that in a moment.
In the interests of brevity, I wish merely to reiterate our support for these two amendments which have been clearly explained by my noble friend Lord Rennard, and to emphasise our approach to the Bill, because we are just starting on this process again. We are concerned to minimise excessive, unnecessary and pointless disruption. Anyone who has had the privilege of serving as a Member of the House of Commons knows that the commitment is to people—the human geography rather than just the physical geography—and for that purpose we are concerned about the way in which this Bill has been drafted. However characterful a constituency may be in its built as well as its natural environment—I challenge anyone to compete with north Cornwall on that score—you represent views rather than vistas. That is why a better electoral system with multi-member constituencies would indeed be much more representative than the present one.
In the context of this Bill, for those reasons, we are determined to maintain a consistent relationship between people and their representatives wherever and whenever there are no overriding reasons to break it. I admit that this is a conservative approach, but it is also the people-friendly one, and I hope that that will appeal to the Minister. It is a matter of appropriate balance, as other noble Lords have said. We support the amendments.
Baroness Gale (Lab) [V]
My Lords, I thank my noble friend Lord Foulkes and all noble Lords who have spoken today on these amendments, the majority making a very good case to have Boundary Commission reviews every 10 years.
Those who have been through boundary changes will know the upheaval that can happen. Former MPs have spoken today on the impact they can have. I have never been a Member of Parliament, but I speak as someone who has had to reorganise constituency boundaries. It is difficult for all concerned, including party members, party organisers and electors, some who can find that they have not moved to a new home but that they have moved into a new constituency.
A change in constituency boundaries takes some time to bed down, with new relationships having to be formed and the sitting Members sometimes having to find new constituencies to represent. In some cases, they find that they do not have a constituency, which will happen when this Bill goes through. I know that these things can happen whenever there are boundary changes, but a 10-year period means less churn and less upheaval and is better for democracy. The MPs have time to build up good relationships with the constituencies that they represent, which provides stability for all involved. Political parties play a big role in our democracy and work closely with the MP or their party’s candidate. It is a crucial role. When boundaries are altered, there can be big changes to make, not only for the Member of Parliament, but for all those who work with them to get them elected. A 10-year period would allow for much more stability.
There is support for this from most Peers who have spoken today on this amendment, as there was in Committee. I ask the Minister to take careful note of the views expressed today in favour of a 10-year review. My noble friend Lord Foulkes said that he will call a vote on this, and we will, of course, be supporting him.
Baroness Scott of Bybrook (Con)
My Lords, this amendment seeks to change the timings of boundary reviews so that a review would be undertaken every 10 years. Currently under the Bill, a boundary review would take place every eight years. This is a change from the current law. I think many noble Lords have forgotten what the current law is: under it, a review should take place every five years.
The noble Lord, Lord Tyler, and many other noble Lords, in supporting this amendment, said that they wanted a lack of disruption to local communities. Many noble Lords also talked about disruption to Members of Parliament, but I am more interested in local communities. Our aim, as committed to in our manifesto, is to ensure that parliamentary constituencies are updated regularly but without the disruption to local communities and their representation that might occur with the current five-yearly reviews. I, and the Government, agree with the noble Lord, Lord Grocott, on the Opposition Benches, who said at Second Reading:
“Eight years seems to me a sensible compromise, ensuring that constituency electorates are kept reasonably up to date, and in normal times would operate for at least two general elections.”—[Official Report, 27/7/20; col. 82.]
We believe that an eight-year review cycle strikes the right balance between ensuring that our constituencies are based on contemporary data and avoiding the disruption of having a review roughly every time an election occurs. I thank the noble Lord, Lord Tyler, who has a lot of experience, for supporting our view on this.
While we were drafting the Bill, we shared our broad plans for the Bill’s contents with parliamentary parties and electoral administrators. We also discussed a range of technical issues with them. During those meetings, we stated that the move from a five-year to an eight-year review cycle was government policy, but that we would be interested to hear from anyone who disagreed with this idea. I must say to the noble Lord, Lord Lipsey, that there was general acceptance that the eight-year cycle was the right approach.
Parliamentary parties also raised understandable concerns about ensuring that the data used was as up to date as possible. This was particularly notable regarding the use of local government boundary data. I am surprised that nobody has brought that up today, because it was brought up in Committee. The Boundary Commissions take all that data into account when drawing up proposals for constituencies. This was the rationale behind Clause 6, which allows the Boundary Commissions to consider a more up-to-date picture of local government boundaries and allows them to factor that into their proposals where appropriate and relevant.
When we engaged on this measure—I point out to the noble Lord, Lord Lipsey, that it was an engagement—representatives of the parliamentary parties and electoral administrators were supportive of it. They thought that reviews only every 10 years would further undermine the aim of having updated constituencies. It would mean that the data used would be even more out of date, and that over time constituencies would become less reflective of current local government boundaries and demographic changes. The parties also told us that they find it helpful, for campaigning purposes, for up-to-date local government wards to be used in constituencies.
With the longer review cycle of 10 years, the question of interim reviews, which has not been mentioned this afternoon, also arises. The representatives of political parties and the electoral administrators with whom we engaged were against the prospect of introducing interim reviews. Let me explain the chain of reasoning here. Prior to 2011, when general reviews took place every eight to 12 years, interim reviews also took place to consider whether certain constituencies should be updated in between general boundary reviews to take account of local government changes and shifts in population in certain areas. Were we to move to a 10-year review cycle, the rationale for interim reviews would remain strong. Our stakeholders told us clearly—and we agree—that we should not return to this approach. Interim reviews bring further disruption and confusion to constituencies, and uncertainty to sitting MPs. An eight-year cycle removes this problem. It treads the most balanced path between the need for stability and the need for contemporary data.
I will address some of the arguments made in support of the amendment when it was discussed in Grand Committee and which have been repeated this afternoon. Most of the noble Lords who are supporting this amendment—the noble Lords, Lord Foulkes and Lord Blunkett, and the noble and learned Lord, Lord Morris—argued that eight-year reviews would prevent MPs and constituents building a rapport. There is an assumption in that argument that I find problematic. I agree that it is important for representatives to know their constituents well. However, the realities of the electoral cycle surely mean that MPs must be able to build a rapport with constituents in less than five years. If 10 years is needed to establish good relations, that would seem to take for granted that one will be re-elected.
The argument was also made that a constituent might approve, or disapprove, of their MP’s behaviour, but be unable to express their opinion at the ballot box because a boundary review had now made them part of a different constituency. This is not an argument for reviews to take place every 10 years as opposed to every eight or five, or any other length of time, but an argument never to change constituencies. The Government believe that a far more unfair and frustrating situation to be in as a voter is knowing that the vote one is casting is not of equal value to those cast in a neighbouring constituency. I thank my noble friend Lady Pidding, who has a lot of knowledge of this, for her explanation of this issue.
It was argued that a 10-year cycle would enable reviews to take place at a predictable point before each election and thus ensure that the boundaries used for each poll were fully up to date. Some Lords acknowledged that their reasoning assumed that each Parliament would last for five years. However, we should test the strength of that assumption with care. Since 2010, the law has required Parliaments to last five years, notwithstanding certain exceptions, but in that time only one Parliament did last five years. Therefore, even when terms of Parliaments are fixed, a world in which boundary reviews are conducted at a particular point before a general election has proved impossible. Will it be more possible, however, when terms of Parliaments are not fixed? Neat schedules where boundary reviews and election dates align perfectly are attractive in theory, but this has not proved possible in practical terms and is unlikely to in the future.
I agree with my noble friends Lord Taylor and Lord Shrewsbury: we believe that the middle ground proposed in the Bill today is the right way forward. Eight years removes the disruption of a review happening roughly each time an election occurs, but it also ensures that boundaries remain up to date and fair by making sure that not too much time elapses between reviews. I therefore urge the noble Lord to withdraw his amendment.
Lord Foulkes of Cumnock (Lab Co-op) [V]
My Lords, this has been an interesting debate which has served to convince me that we were absolutely right to move this amendment and to pursue it. However, I would like to congratulate the Government Chief Whip, who has done a good job in mobilising the noble Baroness, Lady Pidding, the noble Earl, Lord Shrewsbury, and above all, the noble Lord, Lord Taylor, his predecessor, to speak against this amendment. The noble Lord, Lord Taylor, says he is surprised at my persistence. As a former Government Chief Whip, he is one of the people who should be least surprised by my persistence, not just on this but on other matters. He said he was surprised because I am normally a radical, and I am making what he sees as a reactionary move. Perhaps he is thinking that there is a Private Member’s Bill along the same lines in the House of Commons, supported by Peter Bone and Sir Christopher Chope. I hope he will look at that; it might convince him to rethink his opposition to my proposal.
It is interesting to note that all the former MPs who have spoken in this debate support this amendment. They have experience on the ground of how these things work, and I am very encouraged by their support. I am grateful to my noble friend Lord Lipsey for finding out that when the Minister, the noble Lord, Lord True, who dealt with this issue in Committee, said that the Government’s proposal was “supported” by all those consulted, that was totally wrong. As the noble Baroness, Lady Scott, confirmed, they “accepted” it, and my noble friend Lord Lipsey pointed out the difference between those two things extremely well.
I am also grateful to my noble friend Lord Blunkett for reminding me of one other important aspect of constituency representation that I had forgotten—the football teams in each Member’s constituency. I had a slight problem there, in that I had both Cumnock Juniors and Auchinleck Talbot in my constituency, and they are bitter rivals. I had to be neutral when they played each other, which was not an easy thing to do. However, I understood the respective supporters and their various interests.
I remind the Minister and the House that up to 2011, Boundary Commissions were instructed to hold reviews every 8 to 12 years. On that basis, 10 years seems to strike a sensible balance. I therefore intend to press my amendment and hope the House will support it as a sensible way forward.
The Deputy Speaker (Lord Russell of Liverpool) (CB)
We now come to the group beginning with Amendment 6. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment or anything else in this group to a Division should make that clear in debate.
Clause 2: Orders in Council giving effect to reports
Amendment 6
Lord Young of Cookham
Member’s explanatory statement
This amendment and the amendments at page 2, line 26 and line 38 ensure that a draft Order in Council implementing the reports of the Boundary Commissions must be submitted to Her Majesty in Council no later than four months after they have all been laid before Parliament unless there are exceptional circumstances.
Lord Young of Cookham (Con)
My Lords, I beg to move Amendment 6 in my name, which is reinforced by the names of my noble friend the Minister and the three noble Lords who supported my original amendment in Committee.
Noble Lords will recall that, as Second Reading, I drew attention to the following words in Clause 2:
“As soon as reasonably practicable”.
This refers to the requirement for Ministers to lay the draft Orders in Council giving effect to the recommendations of the Boundary Commission reports. Without repeating those arguments, I will say that this lack of precision could enable the Government to delay implementing those recommendations, thereby negating the objective of the Bill, which is to put this issue out of reach of political mischief.
We debated this further in Committee in relation to my amendment to require the Order to be laid within three months, in my case, and in a more exacting six weeks in a similar amendment from my noble friend Lord Cormack. The principle was supported by all those who spoke, and my noble friend the Minister made an emollient reply while reiterating the Government’s preference to leave the words as originally drafted. We had further discussions, as promised, in the interval between Committee and Report, the outcome of which are Amendments 6, 7 and 8.
I am grateful to my noble friend the Minister for listening and then seeking and ensuring collective agreement to the amendments. They are a compromise and, like all compromises, each side ended up with slightly less that they would have liked but enough to be satisfied with. May the negotiations on the EU treaty have a similar outcome.
The Deputy Speaker (Lord Russell of Liverpool) (CB)
The noble Lord, Lord Randall of Uxbridge, has withdrawn from this group, so I call the next speaker, the noble Lord, Lord Campbell of Pittenweem.
Lord Campbell of Pittenweem (LD)
My Lords, I will be brief, taking full advantage of the speech of the noble Lord, Lord Young of Cookham, whom I wish to congratulate on bringing this matter to the attention of the Committee and, indeed, persevering with it to the extent that we now know that consensus has been achieved. In that respect, it would be only right and proper to thank the noble Lord, Lord True, for being constructive in these discussions. The noble Lord referred to the noble Lord, Lord Cormack, who certainly deserves a mention in dispatches as having been a very fervent supporter of the principle, albeit with a different figure in mind.
The mischief that this amendment seeks to address is the fact that, under the previous legislation, the Government had what one could reasonably describe as an unfettered discretion, which has now been substantially removed. The consequence is that the onus will rest with the Government to establish whether or not the exception that is contained can be fully supported. I venture to suggest that the Government—any Government—will find it a lot more difficult to defend exceptional circumstances that would have had reasonable practicability.
Lord Blencathra (Con)
My Lords, I am delighted to welcome this amendment and to add my name to it. I can also be brief because of the excellent speech by my noble friend Lord Young of Cookham. I strongly supported the three-month provision in Committee, and I welcome this amendment, because it keeps the Conservative Party’s hands absolutely clean and above board. I make no apologies for reminding the House, as I did in Committee, that there have been only two occasions when Boundary Commission reports were abandoned: one was the disgraceful episode involving Jim Callaghan’s Government, who scuppered the report; and the other was a rather grubby move by the Lib Dems in 2011 to scupper the Boundary Commission report then. That was done purely out of spite because they had lost the PR referendum.
Enough of going over old bones: this now means that this Conservative Government will deliver on the commitment to make sure that Boundary Commission reports are presented automatically within four months unless there are these exceptional circumstances. My noble friend Lord Young cited a couple; they do seem to be rather serious and very exceptional circumstances. I will be grateful if my noble friend the Minister has got any more examples, but they do seem to set a standard that it would be very exceptional circumstances indeed before a Boundary Commission report did not proceed. Therefore, I welcome this compromise and I commend it to the House.
Lord Grocott (Lab) [V]
My Lords, I certainly support this amendment; without it the Bill would have been based on a false prescription
Repeatedly during the passage of the Bill, we heard from Ministers that through it, Boundary Commission proposals can be brought forward without political interference. The dreadful word “automaticity” entered our vocabulary —or was refreshed—repeatedly. Under the system prior to this amendment, which I hope will pass, there certainly was not automaticity; there was automaticity “up to a point, Lord Copper”. An automatic car goes up through the gears without any interference from the driver. In the case of this Bill, the Boundary Commission proposals could move forward seamlessly over the first few hurdles, but at the point where the Order in Council had to be presented, that involved the driver, who, in this case, of course, is the Minister. The amendment tabled by the noble Lord, Lord Young, deals with that problem to a considerable extent—not quite as far as far as I would have liked, but there we are.
I congratulate the noble Lord, Lord Young. I reread his Committee stage speech and it really was masterly. The Minister, in fairness, realised this and all but said, “game, set, match and tournament” when he was winding up. Of course, we still do not quite have automaticity, and the part of the amendment that maybe I should have put down an amendment to and do not feel too happy about is that the four-month requirement for the laying of the Order shall proceed
“unless there are exceptional circumstances.”
In his speech today, the noble Lord, Lord Young, was all too aware that the validity and strength of this amendment depends to a degree on what is meant precisely by “unless there are exceptional circumstances”. The Minister said that they would be things like the Covid crisis. No one would deny that that is an exceptional circumstance but of course, as far as I can remember in my political life, whenever there are exceptional circumstances of anything approaching that level, emergency legislation is immediately introduced. Among other things, as with the Covid legislation, this sets asides all sorts of aspects of normal political behaviour. It postpones local elections. You cannot get anything quite as interfering in the normal processes of democracy as postponing local elections.
I am quite certain that if exceptional circumstances of the sort the Minister is envisaging were ever to take place and emergency legislation were required, it would be easy to insert a provision stating that the four-month rule must be overruled. I really see no need to put in the Bill the phrase “unless there are exceptional circumstances”. It may have been one of the compromises that the noble Lord, Lord Young, acknowledged are necessary when parties are involved in discussions, but the Minister really does need to address this point when he winds up. Can he please list the exceptional circumstances the Government have in mind and are worried about? In each case, can he give me an example of when it would not be necessary to introduce emergency legislation? Any emergency legislation could easily deal with this issue—I do not think it is a problem, but it is addressed in the Bill—by allowing this “exceptional circumstances” exemption. I look forward to hearing what the Minister has to say about this, because I think it is a weakness in the amendment.
Lord Cormack (Con)
My Lords, not for the first time I find myself very much in sympathy with the points made by the noble Lord, Lord Grocott, who always contributes sage and sensible comments to debates on constitutional affairs.
I would like to begin by congratulating and thanking my noble friend Lord Young of Cookham. By accident, my amendment went ahead of his in the debate in Committee, but he was the one who did all of the work and he made a most impressive speech, as the noble Lord, Lord Campbell, said a few minutes ago; he has also been foremost in the negotiations following the debate. It would be churlish—because my noble friend Lord True was effectively replying to my amendment— not to thank him for what he said and what he has subsequently done.
I do not want to enter a discordant note, but I was tempted, as I said to my noble friend Lord Young the other day, to put down an amendment on the timing. I am very disappointed that it is four months. My noble friend Lord Young suggested “three months”, I suggested “six weeks”. I would happily have compromised, but I think four months is a shade long and I would like a brief explanation from my noble friend Lord True as to why he felt he had to go to that far.
The noble Lord, Lord Grocott, talked about exceptional circumstances. Of course, I accept that there are certain very sad and exceptional circumstances—one of which my noble friend Lord Young of Cookham referred to—but “exceptional” really has to be exceptional. I remain, always, suspicious of the Executive, from whichever political party they come, and I am always, first and foremost, a Parliament man. We have at least got a better outcome that we had in the original Bill. I am grateful for that, and I very much echo the words of my noble friend Lord Young of Cookham, who said there is great virtue in compromise. Of course there is, and may this indeed be a lesson to those who are currently conducting the most important negotiations in which our country has been involved for a very long time.
Lord Hayward (Con)
My Lords, before I comment on this amendment, can I pick up on what two noble Lords have said? When I spoke in Committee, I referred to automaticity and its derivation in this particular context. The noble Baroness, Lady Hayter, pointed out that the trade unions had got there first. I have mentioned to her since that, while we were in Committee, I was doing a search on the word “automaticity”, as was one of my noble friends, who managed to come up with an even earlier use of it. Shall I say, he was “cycling” through the web, which may indicate who found this wonderful piece of information. It is a study of the
“Effect of adenosine on sinoatrial and ventricular automaticity of the guinea pig”.
My noble friend Lord Blencathra talked about the years 1969 and 2011. Of course, he missed out 1983. I know that he, like the noble Lord, Lord McLoughlin, does not have a direct interest in 1983, but it affected some of us very strikingly and was the third occasion when this occurred.
Lord Tyler (LD) [V]
My Lords, the noble Lord, Lord Hayward, has brought some very important, practical questions to your Lordships’ House this afternoon. I hope the Minister will be able to reply to them. The noble Lord speaks with a great deal of experience and expertise on these issues. It is significant that he has done the research to spot some potential difficulties.
In the meantime, I am full of admiration for the noble Lord, Lord Young of Cookham. We have known each other for many years and I have a huge amount of respect for his experience of the way in which ministries, Whitehall generally and the House of Commons and House of Lords operate. He has almost unique experience. It is interesting that so many distinguished former MPs and Ministers have contributed to the development of this amendment at all stages, some of whom spoke again this afternoon. I wonder whether the noble Lord, Lord Young, who must be one of the best experts to tell us about what happens behind the scenes, is wholly confident that the amendments he is now promoting, as he said, put these matters out of reach of political mischief. If they are totally out of reach of political mischief, we will be all be relieved; if he is confident of that, I take his word as very persuasive.
However, I take seriously the issues originally raised by my noble friend Lord Campbell of Pittenweem and then referred to by the noble Lords, Lord Grocott and Lord Cormack—quite a trio. They were asking what exactly the exceptional circumstances were that would permit any return to a more lackadaisical approach to the timing of the tabling of these proposals from the Boundary Commissions. If the Boundary Commissions are, as the noble Lord, Lord Hayward, just said, absolutely specific and there is no room for manoeuvre for Ministers or the House of Commons, surely it should be a much smoother operation than is implied here, even in exceptional circumstances. I hope the Minister will explain in his response exactly what he has in mind.
We should pay tribute to the Minister. It is always a mark of a good Minister and a listening Government when there is a move between Committee and Report. There has been a move; the Government have accepted a change here and we should all welcome that. It is a sign of a Government who are prepared to think again, and that must be healthy.
It also indicates that this Bill is being improved in your Lordships’ House. I know there were some Conservative Members who thought it was rather inappropriate for the House of Lords to make any changes to a Bill that dealt specifically with elections to the other place. As a former Member of Parliament, I take exactly the opposite view; after all, there is a degree of self-interest at the other end of the corridor which we hope at this end we are largely able to avoid. We have a greater degree of impartiality in that respect.
As a result of two Divisions and likely support for this amendment, we now have some changes that will undoubtedly have to be considered in the other place. It is very healthy that MPs be asked to think again about these issues. As was mentioned in a previous debate, there is already substantial Conservative Back-Bench rethinking on the important issues of the 7.5% quota tolerance in preference to 5% and on the 10-year review period. I therefore hope that the fact that there is now government support for a government change to their Bill will be taken as an indication that our role in this House is to make sure that this Bill is improved before it goes back to the other place.
Baroness Hayter of Kentish Town (Lab)
My Lords, we do not need to detain the House on an amendment where everything has been said and has been said by everyone. I simply applaud the Government, as we have just heard, for seeing sense on this amendment, which answers one of the two fundamental issues which concerned us about moving from a final parliamentary sign-off towards automaticity—that is, the ability of the Executive to delay the implementation of the Boundary Commissions’ plans, despite having handed effective authority to the commissions to put those plans into law. Without this amendment, no one, neither the commissioners nor Parliament, could have forced the Government’s hand had they chosen to delay.
I retain one concern, which is that retained by the guinea pig—not the guinea pig, the noble Lord, Lord Hayward, who obviously gets his feeds on automaticity even faster than I can. The issue he raised about what might happen should the Government decide to call an election during that four-month period should continue to concern us.
I had assumed that “exceptional circumstances” meant that, but that in itself is quite worrying. As my noble friend Lord Grocott and the noble Lord, Lord Cormack, have said, we need more explanation about what exceptional circumstances are—putting aside Covid because, as my noble friend said, that would be dealt with in another way. Given that the Government are committed to repealing the Fixed-term Parliaments Act, which puts the decision back into No. 10, there must remain a worry that a difficult boundary review could somehow be circumvented. The Minister needs to allay these fears which, as he has heard, are from across the House.
The issue of the time cap introduced by this amendment was a major concern to us. It was not the major one for the Constitution Committee—we will come on to that shortly in Amendment 11, about moving to automaticity—but it was certainly one of our two major concerns. The fact that the Government have accepted and even put their name to the amendment means that it would be churlish for me not to say that we support it too.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I thank all noble Lords who have spoken in the debate. The House will not object if I say first that I thank and, indeed, congratulate my noble friend Lord Young of Cookham. Whenever I hear him speak in your Lordships’ House, I realise how much I have to learn in responding to your Lordships at this Dispatch Box. He has done a service to this House and to the electoral system, along with others who have raised this point. He was also skilful enough to get into a debate about Orders in Council and aperçu on the EU negotiations, which I do not think was strictly germane—my noble friend Lord Cormack followed on that—but I also agree with his sentiments there and hope very much that they will be translated into the languages of all 27 nations of the European Union.
The Government were happy to accept this amendment. The case was clear. The Government’s intention is to put beyond reach the idea that there might be unconscionable delay in laying these orders. It is of the utmost importance to us that it should not be felt by anyone that Parliament or the Government should have the opportunity to interfere politically in that way. I was grateful to have the opportunity to discuss with my noble friend Lord Young, other Members of the House and, indeed, the noble Baroness opposite the points raised. The noble Baroness has been very gracious and I greatly appreciate the courtesy with which she withdrew the first amendment and responded here. We may not be in agreement for all of today, but I appreciate that response.
I think there is widespread agreement and welcome for this. Therefore, I do not need to detain the House at great length. One or two points were raised about a Government calling a general election. Obviously, at the moment the rules around a general election are controlled by the Fixed-term Parliaments Act. So long as that obtains, we are legislating in that light. As far as the future is concerned, no doubt points have been put on the table, privately and publicly, which may be considered. There would always be a difficulty if there was suspicion in legislating on the matter. I am here to talk about future legislation, but the example of 1983 shows how difficult it would be to prevent a general election in the period before orders had been laid. That is something that people would have to wrestle with. The Government have no intention of seeking a general election. No Government should seek a general election to frustrate the presentation of these orders to a meeting of the Privy Council. The whole political world would deprecate that action and any Government that sought to do it would not be rewarded by the electorate.
The Deputy Speaker (Baroness Finlay of Llandaff) (CB)
I have received a request from the noble Lord, Lord Blencathra, to ask a short question for elucidation.
Lord Blencathra (Con)
My Lords, this is not a question as such. I want to commend my noble friend Lord Hayward for mentioning the 1983 Boundary Commission review, which I intended to mention but clean forgot. That was implemented by the late, great Viscount Whitelaw of Penrith. He did it, even though it added large swathes of Lib Dem-held wards to his own constituency. In the by-election which followed his elevation to this place, I almost lost the seat because of that. As usual, Willie did the right thing. The Government are doing the right thing now and I commend them.
The Deputy Speaker (Baroness Finlay of Llandaff) (CB)
Does the Minister wish to respond?
Lord True (Con)
My Lords, I do not think I need to add anything, except to say that I share my noble friend’s affectionate remembrance of Viscount Whitelaw, whose general election tour I managed in 1979. I had to learn to drink quite a lot of whisky in a short time.
Lord Young of Cookham (Con)
My Lords, I can be brief. I join the Minister in thanking all noble Lords who have taken part in this short debate. I suspect it is one of the more consensual debates that the House will have on the Bill. I thank noble Lords for their kind words about my role in the amendment. That approbation needs to be shared with the Minister.
Two issues arose in the debate: four months rather than three, and exceptional circumstances. It would be impossible for me to improve on the excellent explanations on both issues given by my noble friend in his reply to this debate so, without further ado, I beg to move.
Lord Young of Cookham
“(1A) The draft of an Order in Council must be submitted under subsection (1)—(a) as soon as reasonably practicable after all four reports have been laid before Parliament as mentioned in that subsection, and(b) in any case, no later than the end of the four month period unless there are exceptional circumstances. (1B) “The four month period” means the period of four months beginning with the first date on which all four reports have been laid before Parliament as mentioned in subsection (1).(1C) If the draft of an Order in Council is not submitted under subsection (1) before the end of the four month period, the Secretary of State or the Minister for the Cabinet Office must lay one or more statements before Parliament in accordance with subsection (1D) specifying the exceptional circumstances.(1D) A statement must be laid—(a) before the end of the period of 10 sitting days beginning with the first sitting day after the end of the four month period, and(b) before the end of each subsequent period of 20 sitting days beginning with the first sitting day after the previous statement was so laid, until the draft of an Order in Council is submitted under subsection (1).”Member’s explanatory statement
See the explanatory statement to the amendment at page 2, line 20.
“(4) After subsection (7) insert—“(7A) In this section, “sitting day” means a day on which both Houses of Parliament sit; and for that purpose a day is only a day on which a House sits if the House begins to sit on that day.””Member’s explanatory statement
See the explanatory statement to the amendment at page 2, line 20.
The Deputy Speaker (Baroness Finlay of Llandaff) (CB)
We now come to the group consisting of Amendment 11. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Any noble Lord wishing to press this amendment to a Division should make that clear in debate.
Amendment 11
Lord Thomas of Cwmgiedd
“The Boundary Commissions: constitution
(1) Schedule 1 to the 1986 Act (the Boundary Commissions) is amended as follows.(2) At the end of paragraph 2 insert “in accordance with paragraph 3A below”.(3) In paragraph 3(a), for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”.(4) In paragraph 3(c), for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”.(5) After paragraph 3 insert—“3A The two members of each Commission appointed by the Secretary of State shall each be appointed in accordance with the following process— (a) a selection panel shall be convened by the Secretary of State to select the members of the Commission, which shall comprise—(i) the deputy chairman of the Commission, and(ii) two persons appointed by the Speaker of the House of Commons;(b) the selection panel shall determine the selection process to be applied and apply that process;(c) the selection panel shall select only one person for recommendation for each appointment as a member of the Commission;(d) the selection panel shall submit to the Secretary of State a report stating who has been selected and any other information required by the Secretary of State;(e) the Secretary of State shall on receipt of the report do one of the following—(i) accept the selection,(ii) reject the selection, or(iii) require the panel to reconsider the selection;(f) the power of the Secretary of State to require the selection panel to reconsider a selection is exercisable only on the ground that, in the Secretary of State’s opinion, there is not enough evidence that the person selected is suitable for appointment as a member of the Commission;(g) the power of the Secretary of State to reject a selection is exercisable only on the ground that, in the Secretary of State’s opinion, the person selected is not suitable for appointment as a member of the Commission;(h) the Secretary of State shall give the selection panel reasons in writing for requiring the reconsideration of, or rejecting, any selection.”(6) In paragraph 4, at end insert “, but the term for which each member (other than the chairman) is appointed shall be a non-renewable term.””Member’s explanatory statement
This amendment would ensure that the appointment of members of the Boundary Commissions is made and is seen to be made independently and without the influence or appearance of influence of the Executive, to remove the possibility of political interference in the process of setting the boundaries of Parliamentary constituencies.
Lord Thomas of Cwmgiedd (CB) [V]
My Lords, Amendment 11 seeks to put in place matters essential to dealing with the important consequences of automaticity. As the decision of the Boundary Commission will become final, and there will be no parliamentary veto, it is essential that the commission is, and is seen to be, entirely independent and so is its appointment processes. Although I have taken up the kind invitation of the Minister to discuss this issue with him, and have done so very cordially on two occasions, the Government have made it clear that they consider that no change is necessary to the current position. I do not believe that this accords with constitutional principle, hence I will seek to take the opinion of the House on the amendment.
In many senses, the new role of the Boundary Commission will become very much nearer to that of a judicial tribunal: sitting in a panel of three, gathering and hearing the evidence and coming to a decision. There will be no appeal from that decision and the other two branches of the state must accept it, just as they accept decisions and judgments of judges. The amendment therefore seeks to ensure that, in a manner akin to the appointment of judges, the appointment of the boundary commissioners is wholly independent and that that independence is guaranteed during their period of office. It seeks to do so in three ways, and I will deal with each in turn.
The first of these is the appointment of the deputy chairman. Under the 1986 Act, the deputy chairman must be a High Court judge. In Scotland and in Northern Ireland, that judge is appointed by the head of the judiciary in those jurisdictions—the Lord President and the Lord Chief Justice of Northern Ireland. In England and Wales, for historic reasons, the appointment is made by the Lord Chancellor. That was all very well with the old-style Lord Chancellor in 1986 when the Act was passed. At that time, he was head of the judiciary of England and Wales. There was, therefore, nothing anomalous in him making that appointment, like he appointed all judges. However, that all changed in 2005 with the reform of the office of Lord Chancellor. The Lord Chancellor ceased to be a judge and head of the judiciary. He became, in essence, a political Minister. All allocation of judicial responsibilities passed to the Lord Chief Justice and appointments were made independently by the Judicial Appointments Commission. For some reason—no doubt oversight—the position was not changed. Although the Lord Chancellor consults the Lord Chief Justice, the time has come when it should now be made clear that the decision is that of the Lord Chief Justice. We should bring this provision into line with constitutional principle. The appointment of a judge who chairs a tribunal which makes the final determination of a series of sensitive issues should be in the hands of the Lord Chief Justice, just as in Scotland and Northern Ireland. There is no reason for England and Wales to be treated differently.
As I understand it, the objection is not grounded in constitutional principle but on the view that, as all judges of the High Court go through a rigorous selection process, they must all be qualified and therefore appointable. It is, therefore, open to a political Minister to select one of them. It could not possibly be disputed that it would be the antithesis of justice if a political Minister could select a judge to try a case, let alone one where there was a party-political consideration. In principle, the position of the Boundary Commission is no different, but there is one further consideration. There is a danger to the independence of the judiciary. A decision of the Boundary Commission is always open to attack on grounds that the chair, although a judge, had been selected by a political Minister because he had shown himself sympathetic to the Government, or had some distant connection with them. We all know how the media can find those connections. We should do all we can to avoid the risk of such an attack, because attacks are so damaging to the rule of law.
I turn to the second part of the amendment on the appointment of the other two commissioners. The Act specifies that the other two members of the Boundary Commission are to be appointed by the Secretary of State, but says nothing about the manner of appointment. As I understand it—I pay tribute to Minister’s officials for their helpful assistance on this—the other two members are appointed under a process set out in the Government’s Code on Public Appointments, promulgated under the Public Appointments Order in Council 2019.
Lord Janvrin (CB)
I support the amendment in the name of the noble and learned Lord, Lord Thomas; I do so because the impartiality and independence of the Boundary Commission assumes greater importance if automaticity of the implementation of the commission’s findings is accepted under this Bill. I readily accept that the Government understand this, as the Minister pointed out so clearly in Committee. If that is so, it surely makes sense to consider ways to strengthen the impartiality and independence of the commission to meet these new circumstances. The three proposals put forward by the noble and learned Lord, Lord Thomas, in this amendment to achieve this are simple and straightforward and he explained them comprehensively in moving the amendment.
The appointment of the deputy chairman by the head of the judiciary, rather than a political Minister, is a reversion to the practice before 2005, when the nature of the Lord Chancellor’s role changed. It brings England, Wales, Scotland and Northern Ireland into line. It would significantly reduce the scope for accusations of political interference, whether real or perceived, in the future.
Changing the appointments process to one more akin to judicial appointments follows the same logic. It is not a criticism of the public appointments system but a recognition that appointing members of the Boundary Commissions must be seen to be in a special and quasi-judicial category. They are crucial arbiters of the integrity of our electoral system. The introduction of non-renewable terms of appointment merely brings these appointments to the Boundary Commissions into line with other constitutional and political watchdogs and regulators.
As has been said, this is about reality and, above all, perception. We are talking about small changes aimed at strengthening the real and perceived impartiality of those who define the framework of our electoral system. We are talking about small changes, but they are changes that might increase trust in elections, politics and the way we are governed. I strongly support this amendment.
Lord Thomas of Gresford (LD) [V]
My Lords, I was unable to take part in the Second Reading or the Committee stage of the Bill, but I have read Hansard in full. The importance of the issue raised by this amendment is such that I had to support the noble and learned Lord, Lord Thomas of Cwmgiedd, in this debate. What struck me was that the Minister’s reply in Committee was a stout defence of the status quo as regards the appointment of commissioners. It did not recognise the fundamental change to our democracy made by this Bill. The exclusion of any parliamentary procedure to approve the recommendations of the commissioners is presumably designed to prevent any suggestion of gerrymandering. The political party in power, with a sufficient majority, could control the alteration of constituency boundaries. I welcome, therefore, the change.
The fact, however, that the final shape of the boundaries is determined by the commissioners’ recommendations in their report, without any parliamentary oversight or scrutiny, means that they must be—and must be seen to be—completely impartial. I have attended Boundary Commission hearings where I have endeavoured to put forward the case most favourable to my party—and representatives of other parties present did precisely the same. The commissioners, who are not as familiar with the political geography of a constituency as are the party hacks pleading their cases before them, must consider the evidence of population changes and the submissions made to them. In so doing they are obviously acting in a judicial capacity, as the noble and learned Lord, Lord Thomas, has made clear.
The boundary change that affected me most personally was in 1983, when I was the candidate in Wrexham and the sitting Labour Member of Parliament, Tom Ellis, joined the SDP. Naturally I stood down in his favour at the next election, and as it approached I thought I was out of the contest. However, the boundary commissioners stepped in and created a new constituency called Clwyd, South-West. Since Tom was born and bred in Rhosllanerchrugog, part of the new constituency, he moved there, and I, born and bred in Wrexham, fought Wrexham. Needless to say, we both lost. In Tom’s constituency, the previous Labour vote was split: 13,000 went to the SDP and Labour’s candidate, Denis Carter—the much-respected Chief Whip in the Lords in 1997—came third, with 11,000. The Tories won with 14,000. A later Conservative candidate for that constituency was an unlikely old Etonian by the name of Boris Johnson. He lost.
I hope that I may be forgiven for this anecdote: I mention it to illustrate how crucial the decisions of the Boundary Commission can be in the lives and careers of individuals and the life of political parties. The noble and learned Lord, Lord Thomas of Cwmgiedd, has put forward a proposal that ensures the impartiality of the Boundary Commissions. In Committee, the Minister did not explain why there should be a distinction between England and Wales on the one hand, and Scotland and Northern Ireland on the other, in making appointments. Why should a political figure with his own constituency to nurse, the Lord Chancellor, appoint the commissioners in England and Wales? The only reason given by the Minister was that it has always been so. However, he knows that the nature of the office has fundamentally changed, and by this Bill so too is the role of the commissioners: they have the final say. That is a clear and obvious distinction, and is very different from the normal run of public appointments.
Secondly, the amendment calls for an independent panel to consider the applications and to put forward to the Secretary of State not a choice but a single name, which may be rejected, but only on the single ground that the candidate is unsuitable. Furthermore, if the candidate is rejected, the Secretary of State must give his reasons, and such reasons could, if necessary, be scrutinised by way of judicial review, which would test the legality and rationality of the decision. That is another safeguard against political bias.
Finally, the noble and learned Lord, Lord Thomas, proposes that the appointment should be for a single non-renewable term. That is entirely appropriate, given that the members of the panel have to make a quasi-judicial decision. That is why we give tenure, as other noble Lords have said, to our judges. The decision must be seen to be uninfluenced by the fear that it will upset the political interests of the ruling party, or by the hope of re-appointment. I wholly support this amendment.
Lord Hayward (Con)
My Lords, first I comment on the reference by the noble Lord, Lord Thomas of Gresford, to “party hacks”. I shall disregard that description, given that I spent so many hours, days and weeks at so many inquiries, initially, and then hearings, and I take his comment in the spirit in which I hope it was intended.
This amendment is really divided, as the noble and learned Lord, Lord Thomas of Cwmgiedd, identified, into three sections—and it is important that we treat them as such. First, there is the historical accident, as I think it probably was, in 2005, when the circumstances changed. The amendment attempts to bring back the position in England and Wales to where it is in Scotland and Northern Ireland, of total impartiality.
The noble and learned Lord touched on the point that it has to be seen to be independent. Today I am wearing the rugby tie of the House of Commons and House of Lords. Many noble Lords will know that I am a fervent rugby supporter and participant; in many ways it is probably more important to me than my membership of this place. The near-neighbour of the noble and learned Lord, Lord Thomas of Cwmgiedd, Nigel Owens, is not allowed to referee at the Millennium Stadium except at a club match, because he might be accused of bias, if Wales were playing another country. Nobody believes that Nigel Owens would be biased, but there is that risk. Equally, Wayne Barnes, who was voted last year’s Referee of the Year, was not allowed to referee the World Cup Final, for exactly the same reason: England was in the final.
This amendment addresses an exactly parallel situation. Two years ago I went to Zimbabwe to monitor the elections. We all know that elections, if they are fixed, are fixed not on voting day but by the processes beforehand. Sad though I am, I looked at the size of the constituencies in Zimbabwe. Funnily enough, they had not been reformed for years. The most anti-Government constituencies were in Harare and Bulawayo, and they were the largest constituencies. If we Brits had said to the Zimbabweans, “You should deal with the question of boundary redistribution”, the automatic response from the Zimbabwean Government—what I would have said as a member of that Government—would have been, “Well, you have a political Minister making the appointments to your own commission”. That is why it is important that we bring the position back into line with Scotland and Northern Ireland.
I do not agree with the noble and learned Lord, Lord Thomas of Cwmgiedd, on the second part of his amendment. I have indicated that to him. He refers to appointments by the Speaker. I discussed this with the noble Lord, Lord Rennard, and he said that I was over-reacting to the previous Speaker. Lindsay Hoyle has made untold improvements in that position, and we are all very pleased that he has taken us back to a traditional Speakership. Long may he continue in those efforts. I would not, however, want to put appointments in the hands of the Speaker, because of what I have seen could happen in recent years.
The third part of the amendment deals with one-off appointments. I had a view for several years—this was touched on in Grand Committee—that when you appoint somebody to a Boundary Commission they sit there for years doing virtually nothing, and then they are under extreme pressure for a period of time. Scotland and Northern Ireland have their local government boundary reviews and parliamentary boundary reviews handled by one body. Surely it would be better to do the same in England and Wales, so that these organisations would not lose the expertise acquired in handling one set of boundary reviews—it would be cumulative, and they would take it to the next review.
I have made three different comments in relation to the three different parts of the amendment tabled by the noble and learned Lord, Lord Thomas. They tackle the problem in very different ways, but I would have hoped that the Government could have accepted, in particular, the impartiality in the first part of the amendment.
The Deputy Speaker (Lord Russell of Liverpool) (CB)
The noble Baroness, Lady Humphreys, has withdrawn from the debate on this group, so I call the next speaker, the noble and learned Lord, Lord Morris of Aberavon.
Lord Morris of Aberavon (Lab) [V]
My Lords, I support the noble and learned Lord, Lord Thomas of Cwmgiedd, and I encourage him to press his amendment to a vote. I do not wish to repeat the observations I made in Committee in support of the noble and learned Lord, save to say that, first, as he has outlined, the office of Lord Chancellor is much more political now that it is held in the Commons. Instead of a quasi-judicial figure who sat as a judge in the Supreme Court and usually had no further political aspirations, we now have a highly political and mobile politician as Lord Chancellor in the Commons; these are not personal remarks.
As one who campaigned for the Ministry of Justice to be headed by a Commons Minister, and welcomed that, because it is a spending department, I have no complaint. But a political Minister should not have his hands on the machinery of elections—or, indeed, anywhere near it. The office dealing with elections should be manifestly independent.
There is one point that I wish to repeat: it is a parallel and wider argument. I noted the remarks of the noble Lord, Lord Hayward, a few moments ago, and in Committee I gave my experience as Secretary of State for Wales in appointing the chairman of the Welsh Local Government Boundary Commission. I certainly was a political Minister, and headed my party’s campaign in Wales for six years in my tenure as Secretary of State.
Local government boundaries are one of the building bricks of parliamentary constituency boundaries. On the previous amendment, the Minister confirmed that. I once lost the eastern part of my constituency because of a new county council boundary, and I had to be compensated by the addition of a number of wards from the same county council area to the rest of my constituency. My submission, therefore, is that not only should a judicial figure appoint the Boundary Commission, but the Government should also consider doing likewise for the Local Government Boundary Commission.
Since the power of appointment might already have gone over to the Government of Wales, it would too late to legislate for Wales. But the Government could certainly legislate for England. Indeed, I believe that they should do so. I shall be interested to hear the Minister’s views. Local government boundaries are inextricably linked to parliamentary boundaries, and decisions should be politically distanced on both of them.
Lord Beith (LD)
My Lords, when the Constitution Committee considered the Bill, we took the view that the removal of Parliament’s power to block Boundary Commission recommendations was constitutionally appropriate and therefore welcome. But we warned that automatic implementation of Boundary Commission recommendations would protect against undue political influence only if the commission itself is genuinely independent. This makes the selection and appointment of impartial boundary commissioners, independent of political influence, all the more important.
The noble and learned Lord, Lord Thomas of Cwmgiedd, has, at this stage of the Bill, moved an amendment that incorporates both his own original and entirely appropriate insistence that the Lord Chief Justice, not the Lord Chancellor, should make the appointments, and some of the other suggestions that the Constitution Committee referred to, which have been mentioned, in particular, by the noble Lord, Lord Hayward. The Minister should listen carefully to the noble Lord, who knows what he is talking about when it comes to boundary hearings. His insistence that we need to safeguard independence is entirely justified, and I hope that his disagreement with other aspects of the amendment will not deter him from continuing to support the efforts of the noble and learned Lord, Lord Thomas, to achieve the kind of independence that the noble Lord has recognised is important.
No assurances the Minister can give could possibly satisfy us that we have guarded against the danger that lurks here. That is because we are talking about any future Government, of whatever political party, who have a majority in the House of Commons, and thus the prospect of using that majority to disrupt the electoral process, or pervert it to their advantage, in ways that will always be defended on the most respectable grounds, beneath which, however, will lie political motives —motives of party advantage and protection.
What is extremely likely to happen is that, at some time in the future, a Government, recognising that they can no longer block Boundary Commission recommendations or delay them until after the next election, will say, “We’d better make sure we don’t get unwelcome recommendations that are disadvantageous to us, and which we might think are wrong in principle. We must stop that from happening by appointing to the Boundary Commission people who have got the political message—people who understand the significance of ensuring that our views remain predominant in any future Parliament.” These things happen; they are part of the reality of political life, and constitutional provisions are there to protect us from their malign influence.
Along with that, of course, goes perceived impartiality, to which the noble Lord, Lord Janvrin, referred. We are in an era when the principle of getting one’s revenge in first seems to apply in the United States. President Trump says, “If I win the election, it’s fine, but if I lose, it’s because the election has been rigged.” So he has already started his attack on the postal ballot provisions in American election procedure. That is an illustration of the fact that the impartiality of the electoral process is easily traduced or complained about, and if there are aspects of it that, on sound authority, can be shown to be at least weak in protecting impartiality, they will be criticised and exploited, and will be used as arguments to question the validity of the democratic process, at least in some individual seats, if not in the election as a whole.
This is an important matter, and I am disappointed, because I thought the Minister had realised that something could be done about it. There is still time for a Third Reading amendment that would at least pick out some of the proposals of the noble and learned Lord, Lord Thomas. To fail to act on that is to compromise an otherwise sensible and constitutionally appropriate change, by leaving this matter open to political pressures of a kind that cast doubt on the validity of elections.
Lord Wallace of Saltaire (LD) [V]
My Lords, as the noble and learned Lord, Lord Thomas of Cwmgiedd, has argued, the amendment reflects a constitutional principle. In an effective democracy, in which the power of the Executive is limited both by the rule of law and by the scrutiny of Parliament, regulatory authorities independent of undue executive influence play a vital role. Separation of powers between legislature, courts and Executive is central to constitutional democracy —and, as the noble Lord, Lord Hayward, said, they must be seen to be separate.
We are all painfully aware of the baleful impact of gerrymandering in American politics. The institution of independent Boundary Commissions is there to ensure that political representation in the United Kingdom does not follow any distance down that path. The change in the position of the Lord Chancellor that took place in 2005 makes it entirely appropriate, therefore, that the Lord Chief Justice should now inherit that role in England.
Our current Government have recently demonstrated worrying tendencies towards authoritarian populism. Their attacks on the Supreme Court and on judicial review have uncomfortable echoes of the approaches of the Polish and Hungarian Governments. The Electoral Commission is now under sustained attack, including from a co-chairman of the Conservative Party, for attempting to enforce the rules on campaign spending and political advertising. Calls from some Conservatives for its abolition suggest that they reject regulation of electoral campaigning as such.
Baroness Hayter of Kentish Town (Lab)
My Lords, as the noble Lord, Lord Beith, said, our Constitution Committee accepted the move from parliamentary sign- off to automaticity, but it stressed that this change would
“only protect against undue political influence”
if the Boundary Commissions were “genuinely independent”. As it said:
“This makes the selection and appointment of impartial Boundary Commissioners, independent of political influence, all the more important.”
As we have heard, it is hard to see how an appointment by an elected politician—a member of the Cabinet—can look independent, especially, I am sad to say, when this Government seek to appoint their own to run the BBC, Ofcom, NHS Test and Trace or other major bodies. Sadly, because we are all here now, we have not been able to watch Peter Riddell appear before the relevant committee in the House of Commons this afternoon, but I gather that he has interesting things to say about the expansion of appointments beyond the normal lines of restriction. As people have said, what looks bad is bad, even if it is not actually the case. However, as a good Welsh girl, I think that we should always have the Welsh to judge our rugby matches, as we would then win every single match.
As the noble and learned Lord, Lord Thomas of Cwmgiedd, and my noble and learned friend Lord Morris of Aberavon said, when the present system was set up, the appointments were overseen by the Lord Chancellor, who at that stage was a Member of your Lordships’ House and the head of the judiciary. The impartiality was guaranteed and outwith the purview of an elected politician.
Given that the recommendations of a boundary commission could affect even the seats of the Secretary of State’s own party, then no matter how much, like Brutus, they were an “honourable man”, or even an honourable woman, it is really hard to see how the appearance of disinterest could be demonstrated. As the noble Lord, Lord Janvrin, said, it is perceived impartiality, and that is vital. The solution in this amendment is surely right, in that it would demonstrate that, as the commissions now effectively make law, with no parliamentary role, their decisions were patently free from any political taint. As the noble and learned Lord, Lord Thomas, said, now that their decisions cannot be appealed, they effectively make law with the same force as any tribunal.
The second proposal—for non-renewable terms—is equally important to ensure that there is no temptation to curry favour with the reappointing Minister, nor, again, even an appearance of that. Our Constitution Committee, without endorsing the proposal, noted that the Commons committee had discussed ideas to strengthen independence, such as by single, non-renewable terms. However, even more important than any one thing, our Constitution Committee urged us to consider
“what safeguards are required to ensure the independence and impartiality of the Boundary Commissions and their recommendations.”
Sadly—and, I think, inexplicably—the Government have refused to produce any change in response to that call. Fortunately, however, the noble and learned Lord, Lord Thomas of Cwmgiedd, has done so, and we are happy to support that.
Lord True (Con)
My Lords, there is a short period in the life of a Minister between being thanked by your Lordships for a response and disappointing your Lordships in a response, so I have enjoyed the last 10 minutes or so.
I have also enjoyed the last 40 minutes of this debate, which of course touches on extremely important points. The issue between us is whether the current system is capable of delivering people who are of high calibre, impartial, able and suitable to perform this key public responsibility. The simple contention of the Government is that the present system is suitable for purpose. I do not accept the animadversions of those who say that our public appointments system is in any way corrupt, or indeed corruptible. Also, I have never said anything about this Government other than that they are secured on a strong mandate from the people. That is perfectly legitimate to point out, although it is not relevant to the arguments before us. Those arguments, put so ably and charmingly by the noble and learned Lord, Lord Thomas of Cwmgiedd, are about not the nature of the mandate but the nature in which any Government carry out, and are enabled to carry out, their mandate.
I thank the noble and learned Lord, Lord Thomas, not only for raising these issues and tabling his amendment but for the meticulous research and work that he has undertaken, which he presented in Grand Committee. I also thank him for the opportunity to discuss, more than once, various ways in which one might address the conundrums that he has put forward. However, my strong contention is that the statutory approach that he suggests is not one that the Government can accept. I must politely resist it and reiterate the appropriateness and robustness of our existing appointments system.
The Government accept the importance of these posts but they argue that the processes are thorough, independent and fair, and that there is not room for inappropriate influence. The Government believe that the processes that we currently have in place for the recruitment of boundary commissioners are more than adequate. The noble and learned Lord, Lord Thomas, says that he does not think that they are sufficient. Therefore, I must remind your Lordships of some of the systems and safeguards that apply.
Appointments to the Boundary Commissions are public appointments. The commissions are listed in the Public Appointments Order in Council, which provides for a governance code on public appointments and for the independent Commissioner for Public Appointments to regulate the process. The detailed governance code and the commissioner’s oversight ensure that appointments to the Boundary Commissions, and indeed to many hundreds of other bodies carrying out vital public work, are made openly and fairly on merit.
In addition to requirements in the governance code, as the noble and learned Lord, Lord Thomas, has acknowledged, the legislation requires the deputy chair of each Boundary Commission to be a High Court judge. To have achieved such a senior judicial position, the deputy chair will therefore have undergone an intensive recruitment and vetting procedure: their suitability to provide impartial leadership of the highest calibre will have been tested in many walks of life. All deputy chairs are drawn from this pool.
The noble and learned Lord, Lord Thomas, seeks to provide that the Lord Chief Justice is responsible for these appointments in England and Wales to safeguard, as he puts it, the independence of the deputy chair role. The Government do not consider this to be necessary, as the persons to be appointed are High Court judges, I repeat, and the Lord Chief Justice is consulted over these appointments. I must say to the noble Baroness, Lady Hayter, that what people say looks bad is not necessarily bad. I believe that the system has delivered high-calibre appointees.
The second part of the amendment looks at the selection panel. The governance code has equally robust safeguards to ensure the political impartiality of members appointed to the Boundary Commissions. Members who support the deputy chair are appointed by Ministers, yes, having been assessed by an advisory assessment panel. It is the job of the panel to assess which candidates are appointable, so that Ministers may make an informed and appropriate decision. I am advised that it has never happened that a Minister has appointed someone not found appointable by an advisory assessment panel. In accordance with the governance code, the panel will include a senior departmental official, an independent member and a board-level representative of the body concerned. In the case of the Boundary Commission, that would, in practice, be the deputy chair—I repeat again, a High Court judge.
At the application stage, all candidates are asked to declare political activity of various kinds over the previous five years—having made significant donations and so on. Such activity will be taken into account in the panel’s deliberations and, in the case of these particular appointments, such activity would likely be seen as a conflict of interest. We cannot prejudge the work of future advisory assessment panels, but it seems likely that recent, significant political activity would present a degree of conflict that would be incompatible with their finding a candidate appointable.
The Government’s contention is that the public appointments system is fit for purpose. The noble and learned Lord, Lord Thomas, and the noble Lord, Lord Janvrin, argued that this was insufficient, but I put it to noble Lords that, to date, this system has secured dedicated and expert members for the Boundary Commissions over decades, and the Government believe it should remain in place. To create a bespoke system, in primary legislation, for Boundary Commission appointments, as the amendment in the name of the noble and learned Lord, Lord Thomas, sets out to do, could cast doubt, although he said it would not, on an independently regulated system that has ensured, and does ensure, that talented individuals with the right skills and experience are appointed to many hundreds of bodies across government carrying out vital public work. Are we to doubt those people appointed in this way today? Are we to doubt those recently appointed under this system to be Boundary Commissioners for Wales?
The noble and learned Lord’s amendment also proposes that there should be a single, non-renewable term of office for deputy chairs and members of the Boundary Commissions as a way of avoiding any potential, as he puts it, for an appointee’s actions to be influenced by a desire for reappointment. We do not think it advisable to make this change, and there are specific difficulties. We consider that if an individual is to serve one term only—a single, non-renewable term—it would need to be, my brief says, for eight years to ensure that they cover a boundary review, since, in future, reviews will be held every eight years. I seem to recall that, a few minutes ago, your Lordships voted for a review every 10 years. That would mean a single, non-renewable term of 10 years to ensure that a member took part in a boundary review. We are not aware of a board appointment of such length, and it is likely that such a stretch of time would be off-putting to at least some worthy candidates. Our contention is that appointments are currently based on a robust system. The system would prevent partial candidates being appointed in the first place—or, indeed, reappointed. We do not consider there to be a risk of appointing candidates who would be partisan.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
I have received a request to ask a short question for elucidation from the noble Lord, Lord Cormack.
Lord Cormack (Con)
My Lords, I have a very short question for my noble friend, to whom I have listened with great care and considerable sympathy. What can possibly be lost by putting the four constituent countries of the United Kingdom on a similar footing?
Lord True (Con)
My Lords, the matter before the House is whether the system for England and Wales is sufficient and effective. The contention I put to your Lordships’ House is that it is sufficient and effective. My noble friend will know in any case that the particular circumstances of Northern Ireland have long demanded different approaches.
Lord Thomas of Cwmgiedd (CB) [V]
I thank all noble Lords for their contributions to this interesting debate and, in particular, I again thank the Minister for the courtesy he has shown me and for the time that his officials have given to looking at this matter. It seems to me, however, that four points emerge.
First, as the noble Lord, Lord Janvrin, put is so powerfully, we are concerned to ensure that not only is the commission impartial but that it is perceived and seen to be impartial. With the change brought about by automaticity, its role has changed so fundamentally that fundamental changes are needed to ensure that there is perceived impartiality.
Secondly, as to the position of the Lord Chief Justice, it is very difficult to see any argument in principle—the Minister has advanced none—for why it is not brought into line with Scotland and Northern Ireland or, as the noble Lord, Lord Hayward, put it, the position is restored to the appointment of the person by the head of the judiciary. It is important to appreciate the kind of world in which we now live. Certainly, my own experience is that people will dig to find connections, however spurious they may be. Some may remember the connections that were dug up in relation to a decision on which I sat in 2017. No judge should be put in a position where his or her appointment is called into question on the basis that they may have some connection that has made them favourable to the political Minister, particularly a Minister whose own constituency might well be affected by the Boundary Commission review.
Thirdly, it seems to me that this must be put in statutory form. I have made no criticism of the current appointment process in relation to how the commission currently works, but it has fundamentally changed. No assurances—as the noble Lord, Lord Beith, pointed out—can work because assurances do not bind future Governments and this is in a code not made under statute, merely by an Order in Council.
Fourthly, as to the term, there simply is no reason why the tenure cannot move to being akin to other important constitutional watchdog posts. Both the noble and learned Lord, Lord Morris of Aberavon, and the noble Lord, Lord Hayward, raised the interesting issue of bringing together the Local Government Boundary Commission in England and Wales and the parliamentary Boundary Commission. When looking at this matter, there is much that can be said in favour of such a move. However, that should in no way affect the basic constitutional principle that the appointment should be for a fixed, non-renewable term so that, in a case, the decisions that they make are not subject to a review by Parliament, or by anyone else, and must be accepted.
In the light of the Government’s position, I therefore wish to test the opinion of the House.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
My Lords, we now come to the group beginning with Amendment 12. I have to inform your Lordships that we have had three people scratch from this group, the noble Lords, Lord Hain and Lord Cormack, and the noble Baroness, Lady Finlay. I remind noble Lords that Members other than the mover and the Minister may speak only once, and that short questions of elucidation are discouraged. Anyone wishing to press this, or anything else in this group, to a Division should make that clear in debate.
Amendment 12
“Electorate per constituency
In rule 2(1)(a) of Schedule 2 to the 1986 Act (electorate per constituency), for “95%” substitute “92.5%”.”
Baroness Hayter of Kentish Town (Lab)
My Lords, technically I rise to move Amendment 12, in the name of my noble friend Lord Lennie and the noble Baroness, Lady Finlay, but I must say that I will withdraw it at the end of this group. However, I will move, and shall now speak to, Amendment 13, in the name of my noble friends Lord Lennie and Lord Grocott. It is on that amendment that we will seek to divide the House.
Everything that we heard in Committee made it clear that the change in the 2011 Act—setting such a very low tolerance level within which the boundary commissioners could do their work—will mean that communities, ward boundaries, rivers, lakes, mountains and motorways will have to be crossed to engineer exactly the right mathematical numbers. Those final boundary moves—sometimes mere tweaks—to reach the required numbers make even less sense when set against the number of people not even on the electoral roll.
It is estimated that some 20% of eligible voters are not registered, which is, on average, about 10,000 per constituency; the Government are obsessed with the last 3,000 or 4,000. I remind the Minister that this is a smaller number than when there were to be 600 constituencies under the 2011 Act. The average number per constituency was therefore larger, so the 5% tolerance then gave a larger number of electors for the margin in which the Boundary Commissions work, but the very welcome return to 650 Members reduces the average number per constituency and therefore reduces the 5% either way within which the Boundary Commissions can do their work. Therefore, the last 3,000 or 4,000 the Government are so wedded to is actually very small compared with the about 10,000 per constituency who are not even on the electoral roll. Indeed, perhaps if the Government could spend as much energy on getting those 10,000 on to the register, any talk of democratic equivalence and fair votes would have a little more resonance.
The resulting splitting of communities that 5% requires also flies in the face of the reality—as we heard in the debate on today’s first group of amendments—that MPs represent areas, not just individuals. Of course, areas do not vote, but it means that MPs can best represent those individuals if they understand and have a good relationship with the organisations within those constituencies. Therefore, breaking through, for example, a school’s catchment area—sometimes for small numbers to get the percentage right—means that issues of education could pull in more than just the MP in whose seat the school is located, because the narrowness of the margin does not allow for the catchment area to be included in that seat. That will sometimes happen at the borders of constituencies, but to make it happen for a mathematical formula seems particularly unhelpful.
It can also be argued that it is not good for accountability as it does not help an MP represent the totality of an area. Communities have natural boundaries and sometimes they will have to be cut through, as I say, but we should minimise that by giving the Boundary Commissions a bit more space to allow them to respond to local circumstances.
The very slight change to an extra 2.5% either way would give the commissions an extra bit of leeway to respond to travel patterns, geographical community or the needs of an area without having the knock-on or ripple effects on neighbouring seats so that again, and sometimes for no good reason, a neighbouring community is impacted just because the numbers do not quite fit in the first seat.
This will be of particular help in rural areas or, I have to say again, communities in Wales where the mountains and valleys impose geographical constraints which perhaps are not particularly well understood in SW1, or indeed some other conurbations. Amendment 13 would make the margin 5,500 rather than 3,500 and provide some helpful flexibility—if it is needed; it does not have to be used—so that those who are holding the pencil can draw boundaries that really do represent communities and which allow people to have a community-based relationship with their Member of Parliament. I beg to move.
Lord Tyler (LD) [V]
My Lords, our own amendment in this group is Amendment 14 in my name and that of my noble friend Lord Rennard, but I will refer also to others in this group which offer slightly different solutions to the fundamental problem with this Bill that all the signatories agree is so apparent. As Members of your Lordships’ House will have observed, we have modified our suggested solution in the spirit of compromise appropriate to Report. We had previously recommended a basic quota variance of 8%, but we took careful note of the developing consensus in Grand Committee, and we now endorse 7.5% as providing the essential and reasonable flexibility that so many Members are seeking and to which the noble Baroness has just referred.
From Second Reading right through our discussions, a clear majority of contributors have expressed concern about the very narrow 5% tolerance currently in the Bill. As has already been indicated, that concern is now echoed across the House of Commons. We must all hope that the Government are also determined to reach a sensible consensus by compromising on this figure. They have nothing to lose by doing so. As the forensic academic analysis by the late Professor Johnston and his colleagues has demonstrated so conclusively, the perceived electoral imbalance between Conservative and Labour constituencies would not be especially adversely affected by this simple and flexible adjustment. What would be changed would be the widespread disruption of so many constituency boundaries. Those newly elected Conservative MPs, especially from seats hitherto not held by the party in the north and the Midlands, may now recognise the attraction of a more measured approach in this forthcoming review. They may also be especially apprehensive about potential “blue on blue” contests. This was the core of the evidence presented to the Commons Bill Committee.
We take very seriously the point just made by the noble Baroness about the number of people who are currently eligible to be on the register but who are not there. We believe that in the months of the process of the review, this may be improved; in which case, of course, there might be quite considerable increases in particular constituencies. It is also true that if the Government eventually pursue their intention of increasing the franchise to those who have moved abroad, that too could mean a considerable difference during the actual process of the review. If, for example, anyone decides to move permanently from the London area to the Ancona area in the east of Italy and they wanted to retain their voting rights after 15 years, that could make a major difference to one of the boroughs in London. That may be true of other areas and for other individuals as well.
Meanwhile there is common ground across your Lordships’ House that the insistence on the 5% variance straitjacket, imposed on the four Boundary Commissions, will result in more changes with 650 constituencies than were proposed with the previously proposed 600 constituencies; then more regular changes for more constituencies at more reviews; and there would be more consequent knock-on changes even to adjoining constituencies which are themselves within the limits. Incumbents who believed themselves to be safe would suddenly find that they are far from it. There would also be more disruption of historic, geographically and socially cohesive communities. Finally, there would be more disconnection between MPs, councillors and the public at more regular intervals than is either necessary or desirable.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
The noble Lord, Lord Hain, and the noble Baroness, Lady Finlay, have withdrawn, so I call the noble Lord, Lord Grocott.
Lord Grocott (Lab) [V]
My Lords, I shall speak to my noble friend’s amendment and I agree with every word she said. I do not have a great deal to add. I also agree with much of what the noble Lord, Lord Tyler, said. That emphasises that we are not talking about an issue of principle in any of the amendments in the group but one of degree. It is worth reminding ourselves that there is widespread agreement across the House on most of contents of the Bill. That has been recognised even on a day like today when there have inevitably been Divisions, as there always will be. We are all agreed in our opposition to huge variations in the size of constituencies and that we should aim for equality—not precise arithmetic equality but much greater equality.
As regards my background in fighting elections, if anyone is qualified to speak on the issue of huge variations in constituency size, I can probably, without too much vanity, claim that qualification. At one stage, I represented a seat with an electorate of 57,000 and at another represented a seat with an electorate of 100,000. I therefore bow to no one in my belief that there should be far greater equality in constituency size, and that is agreed across the House.
We also all agree across the House—I include the Government in this—that there is much more to it than the simple question of arithmetic when determining constituency boundaries. We know all the guidance given to the Boundary Commission but in the Bill the Government acknowledge this issue by exempting certain constituencies from the general framework in which boundaries must be drawn. There are five such constituencies, whose inclusion I support but not for the flimsy reason that the Government claim—that they are all in one category. That is true to the extent that they are all islands or groups of islands but there also is a great deal of difference between them. No obvious similarities spring to mind between Anglesey and the Shetlands, or between the Isle of Wight and the Western Isles. Many more geographic issues need to be taken into account than the category of being islands, which is the only one that the Government seem to acknowledge, with all the frailties of that argument.
I agree with my noble friend’s amendment, which seeks greater flexibility and, in particular, has the important characteristic regarding Wales mentioned by the noble Lord, Lord Tyler, and my noble friend Lady Hayter. I do not hesitate to repeat what I said in Committee. I was shocked at the impact of the boundary review proposals that we are considering in the Bill on representation in Wales. The House should walk on the other side on that issue with great care.
In conclusion, there is no great issue of principle that divides the Government from those of us who feel that there should be greater flexibility. All that we are asking is that they should change the rules in the Bill to allow a little more flexibility for the Boundary Commission, and Minister should offer more flexibility when he responds.
Lord Wigley (PC) [V]
My Lords, I very much agree with previous speakers on this group of amendments and support Amendment 18, to which I have added my name and, in the absence of my good friend, the noble Lord, Lord Hain, would be happy to move it, were that to be appropriate, if the Government were unwilling to move in that direction or to adopt an amendment moving in that direction.
Amendment 18 might be seen by some colleagues as being the more extreme option within this group, which seeks greater tolerance around the mean number of electors per constituency. That amendment applies only to Wales, and I appreciate the comments of the noble Baroness, Lady Hayter, and the noble Lords, Lord Tyler and Lord Grocott. All referred to the challenging situation in rural Wales. It is therefore perfectly in order for noble Lords to support the smaller variations around the mean in England or Scotland, if they so choose, and I support their amendments seeking greater flexibility there. However, the imposition of still further flexibility in Wales can be taken on board because it does not change the number of seats allocated to Wales, merely the distribution within it. As has been stated, this would allow greater flexibility in respecting natural communities, geographic sparsity and ease of travel.
Wales should have at least 36 parliamentary seats but that is not the issue at stake in Amendment 18. It gives the Boundary Commission for Wales greater flexibility, if it chooses to use it, to respond to the topography and communities of Wales. As the noble Baroness, Lady Hayter, suggested, constraining them into a straitjacket imposed by Westminster is not helpful. I urge the Government to accept this amendment or at least table an amendment of their own to meet these pressing arguments.
Lord Morris of Aberavon (Lab) [V]
My Lords, I support my noble friend Lady Hayter in her amendment and have added my name to the important amendment for Wales of my noble friend Lord Hain and the noble Lord, Lord Wigley, Amendment 18. I encourage them to press it to a vote. I shall not repeat the case that they made in Committee. However, the figure of 35 Members from Wales has been sacrosanct for decades in my long political career. Specifically, can the Minister say when that principle was breached in the past? Please give me the year. There may be one but it stands out as an exception.
The only matter that I wish to emphasise is that travel in south Wales is from north to south, down the valleys, and infrequently across mountains from east to west, mentioned by my noble friends Lord Grocott and Lady Hayter. My constituency for 41 years bordered that of my noble friend Lord Hain to the west. I can count on one hand the number of times that I went on political business to his constituency. Likewise, the Maesteg part of the Bridgend constituency to the east met mine on the top of a mountain. I probably went to that constituency less than half a dozen times, although many constituents from there came to work in mine. That demonstrates that the travel direction in Wales is north to south, not east to west, and that is the community interest.
The reduction in the number of Welsh seats now proposed would cause havoc in the make-up of south Wales seats, be a massive reorganisation and break up long-standing ties. The Brecon and Radnorshire constituency has been mentioned as one example where there should be special consideration. Coming from a family of sheep breeders, I enjoyed campaigning there and seeing the sheep of Breconshire. However, I travelled 40 or 50 miles there not looking for sheep but for voters—and towns, of which there are few and they are far apart. I pray in aid what Sir Alfred Mond, founder of Mond Nickel and ICI, and the MP for the old Carmarthenshire seat, once said. He later became the first Lord Melchett and his statue is in Pontardawe. He said that Carmarthen is not a constituency but a continent. The same could be said of Brecon and Radnorshire, and other large seats. There should be some flexibility and the number of seats in Wales should not stand at the figure now proposed.
Lord Blencathra (Con)
My Lords, it was a delight to hear the noble Baroness, Lady Hayter, move the amendment. I recall her saying in an earlier debate that everything that could possibly be said had already been said. I suspect we shall hear the same in this debate. It reminds me of a time 30 years ago when I was a junior Whip in the Commons pushing through hundreds of Lords amendments. I had a deal with the opposition Labour Party; colleagues were speaking for one to two minutes each. Then the great MP, Sir Ivan Lawrence, got up and said, “Everything that could possibly be said on this amendment has been said, but not by those of us qualified to say it.” With his having spoken for 20 minutes, the deal fell through and we were there until midnight. I hope that will not happen tonight.
It was also a delight to listen to the noble and learned Lord, Lord Morris of Aberavon. He is a wee bit older than me, but I would love to have lived in that golden era where constituents loved their MP, did not want any boundary changes, were committed to the community and must have been appalled at having general elections where their MP could possibly be lost to them. It was a wonderful era and I wish we had it now. He mentioned there are many sheep in his constituency. In my part of Cumbria, there were infinitely more sheep than voters and my opponents used to claim that it was where my majority came from. Therefore, I congratulate the noble Peers who have proposed these amendments and spoken in favour of them. I commend them because they did so with an extraordinary degree of earnestness and a straight face.
Anyone who has not participated in the boundary changes game might have been fooled for a moment into believing there was a great mass of constituents who cared passionately about the exact boundaries of their constituencies and the necessity of retaining a relationship with the same MP. Who are we kidding? Let us be honest: the vast majority of constituents have not a clue where their constituency boundaries are and could not care less. They care about the politics of the MP and using their vote to change the Government, as we saw last year. Once an MP is elected, constituents care about issues and someone to take them up on their behalf. Boundaries are irrelevant. I only ever had one constituent who cared passionately about the boundary and that was the late Earl of Lonsdale, who was deeply upset that Willie Whitelaw, as he then was, implemented the 1983 boundary report which put a bit of Lord Lonsdale’s beloved Westmorland into the Cumberland/Penrith constituency.
All of us who have been MPs in a former life have played the boundary commission game, which is a bit like Monopoly but with electors in play rather than money. We try to land a ward or a parish which gives us the voters we want and try to get rid of wards which are unhelpful to our majority. Instead of playing with hotels and railway stations, we use rivers, roads and mountain ranges. We would happily split Park Lane if it aided us and disadvantaged our opponents. The Labour and Conservative parties would give away Park Lane to Lambeth if it helped them retain the seat or win the seat of Kensington and Chelsea.
We have all produced spurious arguments why our constituency boundaries must or must not be changed and have cited ancient history, travel-to-work areas or strong community ties. While there may have been some truth in these facts, the motivation for advancing them was all bogus.
I recall in Grand Committee the noble Lord, Lord Tyler, mentioning that the River Tamar could not be crossed because it was a boundary since pre-historic times. I can imagine the Neanderthal Lib Dem predecessor to the noble Lord, Lord Rennard, a good party hack, arguing before a Palaeolithic boundary inspector that their caves in Devon were a distinct community and different from those in Cornwall.
The real motivation behind the representations made by Labour, Lib Dem and Conservative Members and their parties to the Boundary Commissions and the inspectors is to carve up as many seats as possible to give the party more seats. There is nothing wrong or immoral about that, and in my experience the commission has never been fooled by any of these bogus political representations, no matter how hard or earnestly we tried.
What makes the work of the inquiry inspector more difficult is when there is a wide range of constituency sizes, thus permitting political parties to mount a range of suggestions for wards and districts to be included or excluded. I support the 10% range in the Bill, from a low of 95% to a high of 105%. My noble friend Lord Hayward, who called himself a political hack—he was a brilliant political hack—tells me that the model constituency will be 73,000 electors. This permits constituencies ranging from 69,350 to 76,650. That is almost 7,000 electors to move about and it should take care of all claimed, so-called unique communities which cannot be split, as noble Lords have argued.
Amendments 12, 13 and 14 would increase the range not to 7.5% but to 15%. Amendment 14 goes even further—to suggest an extraordinary 20% range. If the amendment in the name of the noble Lord, Lord Tyler, were accepted, one could have a constituency of 65,700 sitting next door to one of 80,300—a 15,000-elector variation. It was noticeable that all noble Lords from the Opposition who have spoken did not mention those figures. It is always: “A slight tweak here, a little difference there, a small percentage change here and there”. The figures are astronomical. I suggest that those figures are utterly unacceptable. They undermine the principle of having constituencies of similar size and electors having an equal vote. I say to my noble friend the Minister: do not play the Opposition’s Monopoly game; do not pass Go and collect 15% and 20% ranges; stick with the range in the Bill.
Lord Blunkett (Lab)
My Lords, I think parliamentary language allows me to use the term, balderdash. In a stroke, the noble Lord, Lord Blencathra, dismisses the constituency link and the identity that people have in communities with one another, speaking to their Member of Parliament and expecting that Member to speak for them. That is why dividing communities, which so often happens with the narrow range, is not about the Member of Parliament and whether people hold them in contempt or could not give a damn about the boundaries, but about the community of interest that people have in their area and the expectation of a voice to speak for them.
All of us know that political parties put forward the best possible case to the Boundary Commissions to ensure they maximise their success in parliamentary elections and local elections. However, to dismiss the notion of a small additional variation in the way that the noble Lord just did is to be contemptuous of the electorate, citizenship and identity. If we want equality in the numerics, as the Minister said in response to Amendments 2 and 3, then let us have a national list system—the noble Lord has actually made a good case for it. Let us have total equality in a crude form of proportionality: the political parties put up their list, the electorate vote, and they get straight down the line the number of seats that the electorate have allocated themselves. None of us wants that, do we? Even the Liberal Democrats do not want a national list system, because they accept the importance of the community link and the identity that goes with it.
The way in which we have started to debate this gets off the point, which is that the Government have accepted that there are five exceptions. At a stroke, they have accepted that it is important to recognise difference, identity and geography. Those who had previously pressed for a larger variation have accepted that getting as close as possible to numeric values does matter—without employing a dreadful algorithm that could do the job for us, leaving us to pick up the mess afterwards. Therefore, 5% to 7.5% gives a greater ability to the Boundary Commission and those working for it to use common sense and ensure that people do not have a boat to get across the Mersey or, in the case of Iain Duncan Smith in the last proposal, to spend three hours going around a reservoir. It is about identifying what really matters, which is common sense, and the proposal of 7.5% in Amendment 13 does that.
I will say one word on Wales. I said in the Grand Committee that I was deeply impressed with the case that was made in relation to what the proposals would mean for Wales. It would matter in terms of the valley identity; it matters greatly. People made the case that, although they had travelled well out of Wales, many people had not actually travelled between the two adjoining valleys because of the nature of the geography. As I said in Grand Committee, my great-grandfather was born on the edge of Brecon and Radnorshire, and I was impressed, again, by the way the description of the travelling time and the size of that constituency affected the ability of the Member to do their job on behalf of constituents.
If we get back to constituents, identity, citizenship and the reason we have elections and the link represented by that crucial Member of Parliament with a voice for, speaking on behalf of and understanding their community, as well as the role of Parliament, we might just take a deep breath and say “When we start arguing on the head of a pin, that is when we turn off the electorate for good.”
Lord Taylor of Holbeach (Con) [V]
My Lords, I am entering the debate on this group of amendments and speaking to them because I am afraid I disagree very much with the noble Lord, Lord Blunkett. I find his emphasis on community and the sense in which that plays a critical part in the function of a Member of Parliament a somewhat flawed idea.
The truth is that I live in the house I was brought up in; I have had three Members of Parliament and lived in three different constituencies. My constituency has not changed, but other bits have been added on or taken away during my lifetime. They were never part of the community, which is, after all, in the fens and surrounded not by mountains but great unpopulated areas; they are no more part of a community than Welsh valley communities that may, perhaps, have been connected to communities over the mountains. However, it was fair, and it is fairness that my noble friend Lord Blencathra managed to convey in his excellent speech. There is a huge difference in the way constituencies are distributed in this country, and this is unfair to the voter. It means that, if you start off with a variation with a wide spread, you end up with an enormous variation. I believe that the top 20% of constituencies total the same as, or more than, the constituencies that make up the city of Sheffield. That cannot be right.
Lord Lipsey (Lab) [V]
My Lords, I am not going to go back over all the arguments about 7.5%, 5%, 10% and so on; they have been wonderfully rehearsed by noble Lords who are much more knowledgeable than I am. I want to take this opportunity to make a general point about the process in relation to parliamentary constituencies.
We go to great trouble, as noble Lords said earlier this afternoon, to protect the effectiveness and neutrality of the Boundary Commission. It seems to me to be in complete contradiction to that to allow the Government of the day, effectively, to decide matters that are greatly going to affect the electoral geography, such as the number of years—as we debated yesterday—for which a Boundary Commission report should apply or, in this case, the degree of variety that should be permitted in their size.
Across the Atlantic, we have a dire warning of what happens when you let politicians decide for themselves on the rules that will determine whether they are elected. The danger of appearing to be partisan when doing it our way seems to me great, and more effort should have been made by the Government and, I am sure, by others to achieve a consensus reform of parliamentary boundaries—we all agree there should be one—rather than one that can be accused of being partisan and that is, in any case, not being addressed with the seriousness that should apply.
I speak as someone who worked for the late Jim Callaghan, who was for a long time an esteemed Member of this House, as well as, briefly, an esteemed Prime Minister. In 1969, Jim Callaghan got his own party to vote down a set of recommendations from the Boundary Commissions for purely partisan reasons. Lord Callaghan, being of a different mould from many of the politicians who lead us today, had the decency in later years to admit that he had made a mistake and that he deeply regretted his actions. We are making a mistake in accepting a Bill so close to the one that was presented. It would have been very much better if there had been a process of negotiation and compromise, rather than an edict brought by a political majority. It will represent a further erosion of the esteem in which our Government and our Houses of Parliament are held.
Lord Wallace of Saltaire (LD) [V]
My Lords, I cannot understand why the Government continue to insist on this reduction in the variation of size between constituencies. The original justification was the Conservatives’ complaint that the width of variation created a structural imbalance in favour of Labour. Others have pointed out that this arose from differences in levels of electoral registration, in turnout and in the size of majorities. The last three elections showed that this allegedly structural bias had disappeared. It must be inertia at Conservative Party headquarters that explains why the Government are persisting with it.
As the noble Lord, Lord Foulkes, said earlier, in our unwritten constitution the House of Commons is supposed to a body that represents communities throughout the United Kingdom, not just an electoral college that votes for the Prime Minister. The first-past-the-post voting system rests upon the principle that there is a close relationship between each MP and his or her constituency, which means that each MP, and each voter, needs to grasp which constituency they are in and its relatively natural boundaries. Throw that out—as the noble Lord, Lord Blencathra, suggested that we have begun to do—and, as the noble Lord, Lord Foulkes, argued, you have made the case for proportional representation instead. The noble Lord, Lord Taylor of Holbeach, said that this widening of variation would be “unfair to the voter”. Let us have a wider discussion about what a fair voting system would be, if he wishes. This is nothing to with overall fairness for the voter.
This Government are chipping away, bit by bit, at many of the assumptions and conventions which constitute our constitution. Last December’s Conservative manifesto pledged to establish a commission
“to look at the broader aspects of our constitution”
before the end of this year, which is now less than three months away. Since then, we have heard nothing about this, nor does there appear to have been any consultations with other parties about the membership and working of such a commission. I do not see how a constitutional commission could possibly gain legitimacy if it emerged only from the Government, without any wider process of consultation or consent. Can the Minister tell us if the manifesto pledge has now been dropped, delayed for the indefinite future or is about to be sprung on us without prior consultation?
In the UK’s constitutional tradition, each MP represents a place, a recognisable community. To reduce the variation among constituency sizes to the narrow band which the Government propose weakens that link between MP and local community. Honest and traditional Conservatives, those who still remember and revere Edmund Burke, Benjamin Disraeli and Harold Macmillan, should join others in this House in supporting the amendment.
Baroness Pidding (Con) [V]
My Lords, I speak briefly against the amendments in this group.
As I said in my remarks on group 2, this Bill is about balance and fairness. It seeks to redress the inequality of constituencies. Fundamentally, the purpose of boundary reviews is to ensure that constituency boundaries are of equal size and based on updated figures. In reviewing constituency boundaries, I believe that a tolerance range of 10% strikes the right balance, allowing the Boundary Commissions to propose constituencies 5% larger or smaller than the quota. Any larger figure would simply mean that constituencies continue not to be properly equalised, perpetuating unfairness. I make these comments notwithstanding the exceptions made for protected constituencies, and with the addition of Ynys Môn.
In Committee and again today, some noble Lords have expressed a shared concern about the need for communities to be kept together within single constituencies, about particular geographies being respected, and, therefore, about greater flexibility being required in the redrawing of boundaries. This understandable sentiment has been balanced with the importance of ensuring that every elector’s vote carries the same weight; that every person has the same call on their local MP. The tolerance of 10% strikes the right balance, ensuring an approach that allows appropriate flexibility for the Boundary Commissions to consider important local factors such as geographical features and community ties, without introducing significant variability. Any greater tolerance for disparity between constituencies is totally inequitable. I ask noble Lords to consider that the elected Chamber—those Members of Parliament who are directly affected by any boundary changes—has agreed that the variance in seats of 10%, plus or minus 5%, strikes the right balance. I urge noble Lords not to support these amendments.
Lord Robathan (Con)
My Lords, these amendments are about equity and fairness—or, rather, inequity and unfairness.
I represented the people of Blaby—now South Leicestershire—for 23 years and I can tell those who have never been Members of the House of Commons that representing a constituency is a real privilege. Polling revealed that some 25% of people in each constituency know who their MP is. I was thrilled to be told that local polling said that nearly 50% of the people of Blaby knew who I was. Whether that was true, I cannot say; perhaps it was because they wanted to vote against me. However, I promise noble Lords that most people in this country are not bothered about who their constituency MP is. They are bothered about his or her politics and they want to know who that person is when they want some assistance: that is the truth. When my constituency lost a few wards, people said, “I’m sorry you’re no longer our MP”, and while they may have been sorry on a personal level, frankly, they could not care very much. I agree with my noble friend Lord Blencathra: every Boundary Commission review is plagued with party-political manoeuvring. I am afraid that I see that slightly in these amendments too, although they do not always work quite as well as they might.
Consistency in politics is a great thing, as it is in life. Of course, one can change one’s mind—circumstances change as a country evolves—but generally we should stick to what we say, say what we believe and believe what we say. We are discussing the electorate per constituency. I had meant to table an amendment to Clause 5, but with great efficiency I did not realise that it had to be done so swiftly, so I did not get it down, but I will speak on the percentages instead.
I stick with the Conservative manifesto upon which I was elected in 2010, which wanted to reduce the size of the House of Commons to 600 MPs. There was no party-political advantage in that, as far as I am aware. It was also in the Conservative manifestos of 2015 and 2017. I would love to know why it changed; perhaps the Minister can tell me. On 6 September 2010, when introducing the Parliamentary Voting System and Constituencies Bill, the Deputy Prime Minister pointed out that the percentage difference—which we are discussing—between Manchester Central and Glasgow North was 41%. In fact, that has got a lot worse. Glasgow North has remained approximately the same, but I looked it up today and Manchester Central has gone up by about 5,000, so it is probably about 45%. The discrepancy has grown, and that cannot be right. On this occasion, I agree with Nick.
Lord Rennard (LD)
My Lords, in 2013 and 2018 plans for revisions to constituency boundaries were published. They did not find favour with MPs, the Government dare not even produce the 2018 report before Parliament for it to be considered, and these plans were never implemented. The plans themselves clearly demonstrated how much more massively disruptive all future boundaries will be compared with anything that has ever happened previously, when the boundary commissioners worked to their old rules, if they are now given very limited flexibility.
MPs on the House of Commons Political and Constitutional Reform Select Committee looked at the issue in the light of having seen the 2013 proposals. There was cross-party agreement then that there must be greater flexibility in the numerical quota for each constituency than 5% either way. That cross-party group of MPs examined the issues in detail and concluded that in order to avoid large numbers of anomalies in drawing up new boundaries, and major disruption with every review in future, a variation in constituency electorates of up to 10% is really required. The amendments now being considered are a compromise between that conclusion and the position of the Government, who seek only a 5% variation.
Amendment 13, the position of the Labour Party, provides for a variation of 7.5%, which is exactly half way between the position of the Commons Select Committee in 2015 and that of the Government now. Amendment 14, in my name and that of my noble friend Lord Tyler, provides for 7.5% variation, but also allows the Boundary Commission flexibility of 10% in exceptional cases.
A short while ago the noble Lord, Lord Blencathra, suggested that there was a political conspiracy in these amendments, but the academic experts studying the issues have proved beyond reasonable doubt that there is no party advantage at all in permitting greater variation. I draw noble Lords’ attention in particular to a Private Member’s Bill currently before the House of Commons, which proposes a 7.5% variation, with 10-yearly reviews. The sponsors of the Bill are Mr Peter Bone and Sir Christopher Chope. These two Conservative MPs can hardly be described as champions of liberal democracy or as socialist conspirators. They may be accused of disloyalty to Boris Johnson, but I have checked, and there was nothing in the last Conservative Party manifesto about a 5% variation from the average electorate.
The aim of roughly equal-sized constituencies is one that we all share. There are international standards that can be applied to the creation of constituencies of roughly equal size. The Organization for Security and Co-operation in Europe says that
“in a majority voting system, the size of the electorate should not vary by more than approximately ten percent from constituency to constituency.”
The Code of Good Practice in Electoral Matters produced by the Council of Europe’s Venice Commission states:
“The maximum admissible departure from the distribution criterion … should seldom exceed 10%”.
The additional variations proposed in these amendments are within these guidelines. Sadly, the time for deliberation about the consequences of allowing only a 5% variation was extremely limited among MPs when they debated the issues.
In Committee, the Members present heard the expert testimony of Dr David Rossiter. He explained how the Boundary Commissions must work within the boundaries of Scotland, Wales and Northern Ireland and, very significantly, also within the nine recognised regions of England. With the likely population changes over the eight-year period between each review, there would be changes to the quota of constituencies to be created in eight of these states or regions. Four of them would gain a seat and see new constituencies created; four of them would lose a seat and see constituencies abolished. This would trigger major changes, in at least two-thirds of these states or regions, in constituency boundaries.
The movement of local government wards, to redistribute those voters, would trigger large-scale changes across the entire state or English region. With an abolished seat, over 60,000 voters would have to be redistributed. When added to neighbouring seats, nearly all of those would then be over quota. These surplus voters would then have to be redistributed to other seats, in turn sending many of them over quota, and so on. Similarly, with the newly created seats, around 60,000 voters must come from somewhere. Taking them from other existing constituencies will put those constituencies under the quota. The knock-on consequences of putting those voters elsewhere will also stretch across the entire state or region. Unless we change the rules, a small population shift in Kent could, for example, require major changes not just across Kent but in East Sussex, West Sussex and Surrey and involve the creation of illogical seats that cross those county boundaries. In every region or state it will be the same.
Splitting local government wards may ameliorate some disruption, but for many reasons it is not generally possible to do that. Many MPs have clearly not appreciated the fact that a constituency within quota is not safe from change. Moving one ward from a constituency to the next one will not be the end of the matter. The upshot of all this is that there will be major changes to the boundaries of half or more constituencies every review. Only about one in five constituencies is likely to be unaffected by boundary changes.
Earlier in the debate, the Minister praised those who have previously served the Boundary Commissions. Let us look at what some of them have said. As the then secretary to the Boundary Commission for England told the Commons Select Committee in 2015,
“the smaller you make the tolerance level from the actual quota, the harder it becomes to take into account properly the other factors that are mentioned in the Act, such as not breaking local ties, respecting local authority boundaries, and minimising change.”
It is clear that 5% is too small a variation. It means that we will have many illogical constituencies that will ignore local ties, local authority boundaries, communities and basic geographic considerations. More importantly, perhaps, they will not last for very long because every time there is a review, there will again be massive disruption to the boundaries, with at least half the constituencies having major boundary changes. That is why we need to give the boundary commissioners a little more flexibility.
Lord True (Con)
My Lords, it has been another long and interesting debate and I am grateful to all noble Lords who have taken part. As some noble Lords have said—I recall the noble Lord, Lord Blencathra, giving a notable speech—we have to be careful about seeing it top-down. A great deal has been said about the disaster for local communities if their MP changes. That can be exaggerated. The important thing is that the political system delivers good service from elected representatives.
I remember being absolutely horrified when I lost my best polling district—it was part of East Sheen and I thought it could not be moved out by a Local Government Boundary Commission into another ward. However, as the noble Lord, Lord Robathan, said, I am sure that nobody really noticed, for all my efforts over many years. I do not think we should exaggerate the sense that it is a disaster for a community if its elected representative changes.
The other thing I would say is that 5% tolerance either way is the existing position. It is not as if the Government have suddenly come out of the blue and said we must do this. Prior to 2011 there was no standard, but the coalition Government set in train the existing arrangements.
I thank those noble Lords who have put forward amendments similar to those in Committee. The arguments were much the same and I fear the response will be much the same. Amendment 12 is for a 12.5% difference, Amendment 13 is for a 15% tolerance, Amendment 14 is for a combination of 15% and 20%, and Amendment 18 is for up to 30% in the case of Wales. As I have clarified throughout the passage of the Bill, the Government believe that the current tolerance range of 10%—which is set out in existing legislation and agreed cross-party—remains the right one. This range allows the Boundary Commissions to propose constituencies up to 5% larger or smaller than the average UK constituency size. It is what we know as the electoral quota.
The Government are determined to ensure that all votes carry the same weight regardless of where an elector resides. I have been surprised that so many noble Lords are concerned at how equal the size of constituencies in this country might be. I can think of many things about which your Lordships might get exercised, but the idea that, in a democracy, the size of constituencies might be too equal seems an odd thing to get so excited about. Maintaining the current 10% tolerance is critical to delivering the Government’s 2019 manifesto pledge of retaining the status quo. It would be contradictory and counterproductive to wind back the current reasonable and practical 10% range.
Throughout the passage of the Bill, and again today, we have heard heartfelt and enriching anecdotes—I have enjoyed them—in efforts to emphasise the importance of community ties, local government boundaries and physical geography. The Government and the Boundary Commissions do not overlook these factors of importance. However, I repeat that the concept of equal votes—the simple idea that each constituency weight should count the same—is an equal, if not more powerful, factor. The Boundary Commission retains other criteria, and this is the cornerstone of our democracy. The only tool we have to ensure that equality—applying the electoral quota on a universal basis without introducing significant variability in constituency size—is to make the kind of provision in this Bill to sustain the current position, while simultaneously allowing an appropriate degree of flexibility to the Boundary Commissions so they can take account of some of the other important factors your Lordships have raised.
Baroness Hayter of Kentish Town (Lab)
I agree completely with the Minister that the union is most successful, and that we want to stay in it and keep it strong. However, I do not agree with the rest of his speech quite so much, particularly because one of the things about keeping the union strong is recognising the differences as well as the similarities. That particularly affects Wales; not just because it is Welsh, but because of its geography.
My noble friend Lord Hain, because he is working in Grand Committee on the Trade Bill, was not able to participate and therefore could not speak to Amendment 18. On his behalf, I want to say that the reason this has been put is that half the Welsh population live in just 14% of the Welsh land mass. That is different from virtually all of England. Only a small proportion of England is sparse, but 80% of Wales is. The geography is different. For a Parliament to be able to respond to a part of the nation that is so different by allowing greater flexibility about how it is represented in the Parliament of the United Kingdom strengthens rather than weakens the union. I am sorry we could not hear from my noble friend today; he had wonderful maps he could have referred to in order to show this.
As my noble friend Lord Grocott said, this is about more than just arithmetic. Just as he said, the exempted constituencies show that. Geography is about more than islands; it is about valleys, mountains and other areas. The noble Lord, Lord Blencathra, is wrong to say that this is about bogus arguments—I may not have called them “balderdash”, like my noble friend Lord Blunkett, but I do not believe these arguments are bogus. It is about the strength of community representation. It also depends on turnout, which is important, and the greater the feeling of some sense of community. There is no point having absolutely numerically equal constituencies if we then find that some people have to travel so far, for example in Wales, to meet their MP that the turnout ends up being much lower. The number of people voting is very different in each seat. We are trying to give the independent Boundary Commission a little more leeway to use its common sense—I am not saying that this would be for all constituencies—and not to have to split communities unnecessarily.
The noble Lord said twice, I think, that we were trying to safeguard the current position by keeping the 5%, but in fact it has never been used. It exists only on paper. The 2011 Act brought it in. It is not the “current position” other than on a piece of paper; it has not been used. Trying to pretend that this is retaining something is not true. As I said at the beginning, if 5% was right in 2011 for an average number with 600 seats in the House, almost by definition it cannot be the right number when we move to 650 seats. It may be dancing on the head of a pin, but sometimes allowing that pencil to go a bit more broadly will draw a better boundary.
I end on what my noble friend Lord Lipsey said. It would have been nice if we could have worked towards compromise in a cross-party way on this rather than by edict. Then we would have reached something that would be good for the whole of Parliament, rather than doing it this way. But this way we must do it. I will seek leave to withdraw Amendment 12 and then move Amendment 13 formally so that we can test the opinion of the House. On that basis, I beg leave to withdraw Amendment 12.
“Electorate per constituency
(1) Rule 2(1) of Schedule 2 to the 1986 Act (electorate per constituency) is amended as follows.(2) In paragraph (a), for “95%” substitute “92.5%”.(3) In paragraph (b), for “105%” substitute “107.5%”.”
Baroness Hayter of Kentish Town (Lab)
As I indicated, in moving Amendment 13, I wish to test the opinion of the House.
The Deputy Speaker (Baroness Henig) (Lab)
We now come to the group consisting of Amendment 15. I remind noble Lords that Members other than the mover and the Minister may speak only once, and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.
Clause 6: Taking account of local government boundaries
Amendment 15
Lord Tyler
“( ) After rule 5(2) insert—“(2A) Each constituency in any part of Cornwall must be wholly in the unitary authority area of Cornwall Council, and no other authority area, except for the Isles of Scilly.””Member’s explanatory statement
This amendment would ensure constituencies in Cornwall remain within the unitary authority area of Cornwall, with the exception of the Isles of Scilly.
Lord Tyler (LD) [V]
My Lords, I wish to speak to Amendment 15 in my name. Again, I am delighted to have the support of the noble Lord, Lord Bourne of Aberystwyth, who has consistently endorsed my plea that the especially distinct identity of Cornwall should be recognised in this legislation. I am also pleased to have the support of my noble friend Lord Teverson, who has given great public service to Cornwall.
Members will know that every single group leader on Cornwall Council has also endorsed my proposition since we discussed this matter last, in Grand Committee. As they have reminded us, Parliament has an obligation to recognise the historic and cultural identity of Cornwall. The 2014 inclusion in the Framework Convention for the Protection of National Minorities spelt out that recognition of the unique identity and integrity of Cornwall, and the need to protect the political integrity of its territory. Uniquely, physical geography reinforces that separate identity. If you try to follow the boundary between England and Wales, or England and Scotland, or even Northern Ireland and the Republic, you find yourself following the devil’s own job. Indeed, you can find yourself endlessly crossing invisible lines. On the other hand, if you try to cross the boundary into Cornwall, you will get very wet. The constituency I served ran for miles along that natural boundary; the administrative separation is clear and logical. I would have found it unnecessarily bureaucratic and hugely time consuming to have to deal with Truro and Exeter council officials 100 miles apart, and my constituents would inevitably have suffered had the boundary been removed and a constituency crossed it.
As we all know, physical geography can determine human geography, and never more so than in the history of the Cornish peninsular. I admit that I am strongly prejudiced. As I mentioned in Grand Committee, my ancestors arrived in north Cornwall around 1066. Perhaps more significantly, I am directly descended from Bishop Jonathan Trelawny, on whose behalf the national song records that 20,000 Cornishmen threatened to march on London to secure his release from King James II’s clutches. This reminder of the extent of Cornish self-awareness, this pride in our distinct history and determination to maintain the identity and integrity of Cornwall is obviously very relevant for the Bill. Hence the support of Cornwall Council.
In Grand Committee, the Minister seemed sympathetic to our case, but then went off on a tangent about Devon and other English counties. I admit that the wording of our amendment then may have helped to create a misunderstanding. With the admirable assistance of the Public Bills Office, we have tightened up the amendment for this debate. It refers solely to the electoral integrity of Cornwall.
I acknowledge that the combination of 650 constituencies and the 7.5% margin, which we have just voted for, on either side of the expected base figure of around 72,000 electors will probably mean that breaking out of Cornwall’s traditional boundary may not be necessary in this review. However, it would surely be wholly preferable for the legislation to leave no shadow of doubt, any more than it does with the borders of England with Wales and Scotland. It could be helpful to create this clarity for future boundary reviews. Who knows how the electorates will vary in years to come?
One does not need to be a separatist to acknowledge the strength of this case. Indeed, I believe that the continuing unity of the United Kingdom depends on accepting the lessons of diversity here, as with the other Celtic nations. I beg to move.
Lord Bourne of Aberystwyth (Con) [V]
My Lords, it is a pleasure to speak to this amendment, so ably moved by the noble Lord, Lord Tyler. I thank my noble friend the Minister for his characteristically courteous and constructive approach in handling the Bill.
I strongly support the unity of Cornwall in parliamentary terms, so that its constituencies are solely within Cornwall. I appreciate that, as became apparent in Grand Committee, the case for Cornwall is echoed in other parts of the country. My noble friend the Minister made this point very forcefully in Committee. I think he cited Suffolk as an example, while acknowledging the distinctive nature of Cornwall. There are two aspects that make Cornwall unique. First, as the noble Lord, Lord Tyler, said, Cornwall is the only county that borders just one other; it is thus much easier to protect Cornwall’s unique position in any constituency review.
Secondly, and again uniquely, Cornwall has a distinct culture and language which mark it out. In 2014, this status was recognised in the Framework Convention for the Protection of National Minorities. That distinctive character is underlined by the Cornish language and culture. The use of the Cornish language supports the visitor economy in Cornwall and is being used increasingly in tourism. A Conservative Government should be in the vanguard of protecting an indigenous language of these islands and indeed supporting the culture of Cornwall. This amendment presents a real opportunity to do so; a real way of accomplishing that.
I believe that in this legislation we currently protect the coherence of islands in our parliamentary arrangements, which is something that I strongly support. We do this in Orkney and Shetland, the Western Isles, Ynys Môn and the Isle of Wight. If it is right to protect the integrity of specific islands in parliamentary terms, and I believe absolutely that it is, then it is right to protect Cornwall too. It is, after all, an island as well, but one that just happens to be joined to Devon.
Lord Teverson (LD)
My Lords, it is a great pleasure to follow the noble Lord, Lord Bourne. While he was a Minister in the Government, he did a great deal for Cornwall and visited the county on many occasions. I pay him great credit for that, as I do to my noble friend Lord Tyler for all his work while he represented North Cornwall and formerly the Bodmin constituency.
I came up from Cornwall this morning. It was pretty dark and dingy when I left, but one thing that you are absolutely clear about is when you cross the river Tamar. When I travel back to Cornwall, crossing the Tamar is something that I take note of. It is not like crossing the boundary from Wiltshire into Hampshire, Berkshire into greater London or whatever, it is completely different. It is not just a physical barrier in terms of a river that creates the boundary almost but not quite to the north coast—hence Cornwall is a peninsula rather than an island—but a boundary that marks the difference between what is a Celtic culture in Cornwall and a Saxon culture in Devon. That difference, I believe, is unique within what we refer to as England.
The amendment also refers to the Isles of Scilly. Why should we include them alongside Cornwall when we are not doing that with Devon? It is simply being pragmatic because the last time I looked, the Isles of Scilly have some 2,000 electors and I do not think that we would advocate a special parliamentary constituency for them.
This is an important amendment not just for Cornwall but for the different cultures and traditions that we have within the United Kingdom. As the noble Lord, Lord Bourne, said, the difference in Cornwall is not just its language. It has been recognised under the European Framework Convention for the Protection of National Minorities which, I stress, is not an EU measure but one from the Council of Europe of which we are still a member.
Another difference between Cornwall and Devon is one that people will be well aware of and is often celebrated: in Cornwall put jam on our scones first and put Cornish clotted cream on top and, in Devon, it is the other way around. We see that not as just a culinary difference, it is something where the Cornish culture marks itself out as being different. This amendment cannot be seen, as the noble Lord, Lord Blencathra, said in the last group, as having anything to do with political advantage. At the moment, Cornwall is represented—unfortunately in my belief—by Conservative Members of Parliament who have been properly elected. That may or may not change, but this will make no difference to party advantage. I believe that this amendment is important to our national integrity and is particularly important to the cultural history of Cornwall and that part of the south-west.
Baroness Hayter of Kentish Town (Lab)
My Lords, we have heard a Cornish voice that is almost as loud, although obviously not as musical, as the Welsh. Much of this makes perfect sense. Indeed, the issues raised here may also be felt strongly in the Ridings of Yorkshire or in the Black Country, even if they are not blessed with the same formal recognition.
The underlying problem is the Government’s refusal to understand communities, be these Welsh valleys or Cornish heritage. That is something I have heard a lot about, as my late sister-in-law, Ruth Simpson, was the first Labour mayor of Penzance. I have also spent a long time in Cawsand, which was—I hope this does not undermine the amendment—the old boundary between Cornwall and Devon, way beyond the bridge. That was a long time ago, but I certainly know the strength of that Cornish voice.
We hear these demands, but urge that we join together—as the Welsh, the Cornish and other locales—to continue to impress on the Government that communities, geography, nationhood, languages and the future of the Union matter, so that, even at this late stage, the Government might hear reason as the Bill returns to the Commons, and accept a flexibility to enable all these special areas to be recognised.
For that reason, though I think the noble Lord will not press his amendment, I hope we keep together on the main argument that constituency boundaries are too important to be decided merely numerically. They have enormous impact on the sense of fairness, representation and respect for national, regional or local history and for community.
Lord True (Con)
My Lords, I am grateful for the opportunity to respond to this short debate. Its brevity does not detract in any way from the importance of the points put forward. I am grateful to the noble Lords who have spoken. I have discovered that, as far as jam and cream are concerned, I am a Cornish man, rather than Devonian—not that I am allowed to eat such things any more; you can ask my wife about that.
I do not want to belittle the thing, but the one thing I would demur about is the suggestion that this Government do not care or have a concern about community. This Government have a profound concern for community, and every fibre of my being, in the life I have led in local government, reinforces that sense within me. I totally understand the passion, commitment and sense behind the amendment to protect constituencies in Cornwall.
I will not repeat the arguments that I made in Committee. There is a problem, and there is a reason why, in principle, it would potentially be difficult, in that other communities might argue and ask why they had not had the same protection. I mentioned Suffolk and Norfolk. I do not equate Cornwall with any other place—Cornwall is special—but, on the other hand, I remember a storm arising in a field in East Anglia when I was a very small boy, and my grandmother, who came from a long line of Lowestoft fisherfolk, as we call them these days, took my hand in hers and said, “Don’t worry, a storm can never cross the water,” by which she meant the River Waveney. There are places where boundaries are felt to be important. I believe community arises and is not measured against other people but within ourselves, within place and a range of things that make up who we are.
I understand where this amendment is coming from, and I understand the argument from community. I hope and expect that the Boundary Commission will recognise, with the latitude it has, the importance of community—including the sense of being Cornish. The Government are, however, committed to constituencies as equally sized as possible, and that aspect of the protection of constituencies, apart from with the islands, is held to be important.
The Government certainly understand the point. My noble friend Lord Bourne was manifest in this when he was a Minister and the noble Lord, Lord Teverson, was kind enough to say so, quite rightly. The Government recognise the importance of Cornwall and being Cornish. Indeed, last year we provided £200,000 of financial support, I believe, to fund a range of Cornish language projects, as well as work to tackle barriers to systematic education provision around the Cornish language. Although I cannot accept this amendment, I assure the House that the distinctive nature of Cornwall is understood. I am reinforced in feeling able to advise the House that we do not need this amendment because, as the noble Lord, Lord Tyler, said, our expectation is exactly his expectation: we do not expect, given the 600 constituencies and the tolerance suggested, that there should be a case or a need for the new constituencies to cross the Tamar. It appears likely that they will remain within those bounds and, if I am allowed to express a personal view from the Dispatch Box, I hope that they will. I am sure that will be shared by many in the Government.
I respect the views expressed here, and I understand them, but I do not believe, given the potential knock-on effects, such as questions as to why other communities and places are not recognised, that we should put it in statute. I hope that, having heard those assurances— and I repeat the sense that the Government are well aware of the importance of Cornishness and Cornish sentiment—that the noble Lord, who has spoken so ably on behalf of that great county, will feel able to withdraw the amendment.
Lord Tyler (LD) [V]
My Lords, I am very grateful to all Members who contributed to this short debate, particularly the Minister—and I will come back to him in a moment. In the meantime, I hope that all Members of your Lordships’ House recognise that the vote we undertook, less than an hour ago, to extend the tolerance either side of the quota norm to 7.5% actually makes it much easier for us to recognise Cornwall as a separate entity. That room for manoeuvre will, I think, as the Minister hinted just now, mean that there will not be another threat of a “Devon wall” seat. However, I do not take anything for granted: it might be that we will not have, when the Bill finally gets Royal Assent, that degree of flexibility. I just hope that we do. On the previous proposal for a seat that would cross the Tamar—the so-called “Devon wall” threat—I am sorry to say that a number of Conservatives, locally as well as nationally, just accepted it, which was very regrettable. We should have had unanimity across the parties, as we now have in Cornwall Council, as is represented by the letter it sent to us all.
The vote that took place less than an hour ago has made the situation simpler, because it is very unlikely that that threat to the boundary will happen again, as, indeed, the Minister has now accepted. I know that some would want to try to make sure that the removal of that threat became permanent. However, I am conscious, as someone who is keen to maintain the law and the constitution, that no Parliament can absolutely commit a successor, any more than a Government can. To pass an amendment at this stage might not be appropriate for the present review we are discussing and is unlikely to be necessary for a future review. Of course, that might not be a solid proposal if we get some fallback from our excellent vote of just a few minutes ago—but I think we can now be reasonably confident that there will not be another “Devon wall” seat in the immediate future.
I take seriously what the Minister has said. He said in terms, “Cornwall is special”. I have underlined that and write it in heavy type. I know he feels strongly about the boundary between Suffolk and Norfolk, which I happen also to know, but it is nothing like as firmly and clearly defined and delineated on the map of Great Britain as is the boundary between England and Cornwall. But I take seriously and respect what he has said. We all want to respect communities better and, par excellence, the community, history, integrity and identity of Cornwall is special. In the meantime, I am happy to beg to withdraw my amendment.
The Deputy Speaker (Baroness Henig) (Lab)
We now come to the group consisting of Amendment 16. I remind noble Lords that Members, other than the mover and the Minister, may only speak once, and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a division should make that clear in debate.
Amendment 16
Lord Shutt of Greetland
“Improving completeness of electoral registers for purposes of boundary reviews etc.
(1) Within a year of this Act coming into force, the Secretary of State must lay before Parliament proposals for improving the completeness of electoral registers for purposes of boundary reviews.(2) The proposals in subsection (1) may include requirements for either—(a) the Department for Work and Pensions to provide every registration officer with the name, address, date of birth and nationality of each individual in their district to whom they issue a National Insurance number ahead of their 16th birthday, and for registration officers to add to the full electoral registers those electors who they are satisfied are eligible for inclusion; or(b) the Department for Work and Pensions to notify individuals of the criteria for eligibility to vote and of the process for making an application to join the register when they are issued with a new National Insurance number.”Member’s explanatory statement
16 and 17 year olds are added to electoral registers for the purposes of boundary reviews, but many of them are not known to the registration officers. The amendment would require the Secretary of State to make proposals for improving the completeness of electoral registers and suggests two possible ways in which the issue of a National Insurance number could trigger the inclusion of 16 and 17 year olds.
Lord Shutt of Greetland (LD)
My Lords, I beg to move Amendment 16 as an important enhancement of the Bill, which would improve the accuracy and completeness of the electoral registers for future reviews.
The amendment has at its core the work of the Select Committee on the Electoral Registration and Administration Act, which I chaired and which reported in July. We learned, in our extensive deliberations, that though electoral registers are primarily prepared for use at elections for voting purposes, they have other uses, such as enabling juries to be enlisted and providing proof of residence by credit agencies. Importantly, they are also used as a series of building blocks for constituencies and their boundaries.
Sadly, registers are far from perfect, but it must be right to get them as accurate and complete as possible. The committee made a series of proposals for improvement. The most glaring omission from registers is that 75% of young people known as attainers—people aged 16 or 17 who may be added to the register so that they are able to vote when they attain the age of 18—are not registered. They are very relevant to this Bill—hence the reason for this amendment. I am delighted that four Members subscribing to the amendment are former members of the Select Committee and cover the four corners of the House of Lords.
There is, too, precedence for this action, in that it follows on from the work of the House three years ago in its consideration of the Higher Education and Research Bill in 2017. The House approved an amendment, moved by the noble Baroness, Lady Royall, to enable higher education students to be easily registered, through collaboration between the Office for Students and electoral registration officers. A Department for Education guidance leaflet on facilitating registration shows that in one university, De Montfort in Leicester, of those students qualified to register, 98.5% provided details for registration. The amendment seeks to put all young people in the position of the De Montfort students, so that the present 25% registration rate comes more into line with that of their elders. The Electoral Commission paper, Completeness in Great Britain, indicates that the highest rate for completeness is for the over 65s, at 94%, whereas the lowest level is that of attainers—the 16 to 17 year-olds—which has declined from 45% in 2015 to 25% in 2019.
Lord Wills (Lab) [V]
My Lords, I want to say a few words in support of the amendment, to which I have put my name.
In Committee, your Lordships heard a lot about the incompleteness of the electoral register and about the 8 million or more who are eligible to be on it but are not and are therefore unable to vote. We could, and should, do better in securing a more complete register. The noble Lord, Lord Shutt, who so ably chaired the Select Committee on which I served—it was a pleasure to serve under him—has set out the compelling reasons why this is so important.
The amendment asks the Government to produce proposals to improve the completeness of the register. I can see no reason for that to be resisted unless, despite what they have said repeatedly, the Government do not want to improve the register’s completeness. Beyond that, the amendment encourages the Government to make improvements in one area of the electoral register that particularly needs improvement.
As the Electoral Commission and many others keep pointing out, and as the noble Lord, Lord Shutt, has just demonstrated, the number of attainers on the register has fallen significantly over the last few years. Between 2015 and 2018, the registration rate for eligible 16 and 17 year-olds almost halved, and the introduction of individual electoral registration, for various reasons, has been a significant driver of such decline.
Quite apart from the general imperative, which, again, was much discussed in Committee, to ensure that the boundaries of parliamentary constituencies should be drawn on the basis of the most accurate and complete electoral register possible—the noble Lord, Lord Shutt, has just reminded us of those arguments—there is, I believe, another reason why the amendment matters. Attainers are not the only group significantly underrepresented on the electoral register but they are important in one particular respect: Parliament makes the laws that shape the country that they inherit, so it must be right to do everything possible to ensure that they have every opportunity to shape Parliament.
I recognise that there may be libertarian concerns that registration should not be automatic but a matter of choice for individuals. However, the measures suggested in the amendment would be enabling; it is not a back door to compulsory voting. It would still be for the individual to decide whether or not to vote, but individuals cannot make that choice if the process of registration has passed them by—and the data show that all too often, that process does pass attainers by.
There may also be concerns about privacy. But as more and more services move online, the Government have developed some considerable expertise in securing the privacy of users. I support the amendment on the basis that the Government would be able to address any such concerns if and when they introduced any measures to increase the electoral registration of attainers.
The amendment would require the Government to take steps to improve the completeness of the register, and would encourage them to do so, for the young people who will inherit this country from us. I therefore hope that it is an amendment that all sides of your Lordships’ House will support.
Lord Janvrin (CB)
My Lords, I too—alongside the noble Lord, Lord Wills, who has just spoken—was a member of the Select Committee on the Electoral Registration and Administration Act 2013 so ably chaired by the noble Lord, Lord Shutt. I have added my name to this cross-party amendment, as I continue to believe that the Government should address the issue of the completeness of the electoral registers as a matter of priority, and certainly in the context of this Bill.
As has been made clear, the amendment has evolved since Committee, with its focus on completeness and on attainers. I want to make three brief points on Report. First, I entirely accept that the Government recognise the importance of the issue of completeness, and that they are well aware of the missing millions, and of the evidence that we do not perform well by international standards. In Committee, the Minister said that they were not complacent, and that there was work in hand to address some of the issues. If that is so, it would be a very small step for the Government to agree to a deadline for bringing forward further proposals, particularly in the light of the committee’s recent report. It would show a sense of urgency, which is important.
Secondly, the focus in the amendment on doing something about attainers is worth highlighting. Attainers are in a different position, and this has always been recognised, in that their names can be considered for entry on the register before they attain the right to vote. As the noble Lord, Lord Wills, said, there is significant evidence that registration rates for attainers have dropped markedly in recent years. Therefore, there is real cause to focus on them.
Thirdly, my reading of the amendment is that it is compatible with the Government’s position on automatic registration. I understand the Minister’s position that, in principle, registering to vote and voting are civic duties. The amendment does not seek to challenge the Government’s view, in that it would be perfectly possible to accept it while holding firm to that principle. I hope that the Minister will be able to accept this modest amendment as a way of working towards fairer constituency boundaries based on better data. It may be modest, but it is important in the wider context of the integrity of our democratic process.
Lord Lexden (Con)
My Lords, I back this amendment with some vigour as the last of a cross-party group of colleagues who worked together in great harmony as members of the Select Committee established under the genial chairmanship of the noble Lord, Lord Shutt of Greetland, to consider the impact on our electoral system of the Electoral Registration and Administration Act 2013.
I note in passing that, when the legislation that became the 2013 Act was going through this House, I pressed for the swift abolition of the 15-year limit on the right of our fellow citizens overseas to vote in our elections. Though that has been promised in three successive Conservative manifestos, seven years have passed without action.
It has to be said that other members of today’s cross-party group behind this amendment worked much harder than I did on the recent Select Committee. However, lazy though I was, I quickly came to share their conviction that there was no more important issue in electoral affairs today than the need to improve—and improve substantially—the completeness of the electoral registers. It is a theme that runs throughout our report, published in June. Like my colleagues, I was struck by the extent to which we compare unfavourably with some other major democracies.
This simple little amendment would help not insignificantly to make our registers more complete. It is universally acknowledged, as we have heard in this debate, that not nearly enough of tomorrow’s voters aged 16 and 17 are being brought on to the registers in readiness to cast their votes when they become 18. I have always been keen to support an intensification of the ways in which electoral registration officers can fulfil this part of their duties. As I have mentioned on a number of occasions in this House, Northern Ireland has set a fine example in this respect, giving EROs ready access to schools and colleges.
Today’s cross-party amendment would enable attainers to get on to the registers more readily than ever before. It would bring them directly to the gateway of democracy. Two alternative routes are proposed. Under the first, attainers would be brought automatically on to the register where EROs were satisfied of their eligibility. Under the second, attainers would be notified about the process for acquiring the precious right to vote. The first route would take attainers through the gateway of democracy. The second would bring them to the threshold and leave them to decide for themselves whether to cross it and secure for themselves participation in our democracy. For those who believe that registration should be a matter of individual choice, the second route will seem preferable. But within the Conservative Party, there are many who regard registration as a matter of duty that everyone should be obliged to fulfil, as my noble friend Lord Cormack has pointed out in this House many times.
Finally, might I be permitted a brief historical comment? When election registers were introduced in the 19th century, the political parties fought tooth and nail in the courts to get their supporters on to them and keep their opponents off. Today, the supporters of this amendment from all parts of the House want to see the registers become as complete as possible. Is that not a cause for some rejoicing?
Lord Rennard (LD)
My Lords, in the debate on this Bill in the other place on 14 July, the Minister Chloe Smith spoke about
“what we are doing to ensure that the registers are as accurate and complete as possible”
and said:
“We should encourage more people to register to vote.”—[Official Report, Commons, 14/7/20; col. 1466.]
This amendment does nothing more than ask the Government to say how. It requires them to set out proposals for doing what they say they want to do in relation to young people and makes suggestions. It asks the Government to consider two different ways in which we could easily, and without cost, ensure that more young people are added to the electoral registers by the time they are first entitled to vote.
The Government say that the completeness of the electoral registers is back up to the levels that predated the introduction of individual electoral registration. However, as my noble friend Lord Shutt pointed out, the Electoral Commission showed in 2019 that while 94% of over-65s are registered to vote, only 66% of 18 to 19 year-olds are registered to vote. Those who will attain the age of 18 in the next year or two are supposed to be included in the electoral registers for the purposes of the Boundary Commissions. However, as the noble Lord, Lord Wills, pointed out, the registration rate for this group has fallen dramatically. According to the Electoral Commission, only about 25% of attainers are currently registered, compared to about 45% in 2015. It is therefore perfectly reasonable for this House to insist that the Government lay proposals before Parliament to implement their declared policy of improving the completeness of the electoral registers and recognising the problem with young people in particular.
Baroness Gale (Lab) [V]
I thank all noble Lords who have taken part in this debate.
It has already been mentioned that the cross-party House of Lords Select Committee on the Electoral Registration and Administration Act 2013, so ably chaired by the noble Lord, Lord Shutt, recommended a system of automatic voter registration for attainers. Since the introduction of individual electoral registration, the number of young people registered has fallen among 16 and 17 year-olds, as many noble Lords have mentioned. Given this low number, the amendment seems a simple solution that will ensure that attainers are included on the register. That is now more important as the Bill proposes to use the data on the register to draw the parliamentary constituencies. Such a low level of registration among attainers should be a matter of concern, and without the change suggested by the amendment there will be less representation of young people.
Automatic registration is sometimes opposed on the basis that it is an individual’s responsibility to ensure that they are on the electoral register. This suggestion should not apply to 15 and 16 year-olds, who have no prior experience of the electoral system. There is therefore a strong case that it should not be their responsibility to ensure that they are on the register. This is a sensible arrangement to ensure that young people are on the register and therefore will get all the information required when voting takes place.
At present, the data is less likely to include the names of young people than older people. This means that the register will be skewed towards older people when it comes to voting, resulting in the views of young people in the UK not being expressed in our democracy. For that reason alone, the Minister should give the amendment great consideration. Making this easier, and in such a simple way, will go a long way towards having a much more accurate electoral register than we have at present. There has been agreement around the House tonight on the amendment. The noble Lord, Lord Shutt, has said that he will call a vote, and we on these Benches will support it.
Baroness Scott of Bybrook (Con)
My Lords, I am grateful to the noble Lords who tabled this amendment. It provides an opportunity for me to update the House once again on what initiatives the Government are undertaking to improve the completeness and accuracy of the electoral registers, and to reiterate our arguments against introducing automatic voter registration.
I take this opportunity to thank the noble Lord, Lord Shutt, for his excellent chairmanship of the Electoral Registration and Administration Act 2013 Committee and for its detailed report on how fit the electoral system is for today. I am glad that the committee was able to publish the Government’s response to the report yesterday, ahead of this debate, and I place on record the Government’s thanks to all members of the committee and its staff for the hard work they put into this important inquiry.
The amendment tabled by the noble Lords, Lord Shutt, Lord Campbell-Savours and Lord Janvrin, and my noble friend Lord Lexden, would require the Government to lay before Parliament proposals to improve the completeness of the registers. What is meant by “completeness” is not defined in the amendment, nor indeed in the rest of the Bill. For the Electoral Commission, “completeness” measures whether those eligible to be registered are on the registers. An alternative definition might be whether the registers contain all those who want to be registered and are eligible to be so. Nor does the amendment refer to the efforts to ensure the accuracy of the electoral registers. The Government believe that accuracy is just as important as completeness. Inaccurate registers lead to voting fraud and undermine public faith in the integrity of our democratic processes.
I am happy to be able to update noble Lords today on government efforts to ensure the completeness of the electoral registers. I share with many in both Houses the ambition that every eligible elector who wants to be included should be included on the electoral register. I have heard a lot from noble Lords about how this should be done. I do not think the outcome is in argument; the discussion is on how we get there. The Government strongly believe that it must be for the individual themselves to make the decision to engage with the democratic process, but government does have an important role in making the process as easy as possible to ensure that there are no barriers to registration. That is why this Government have been working hard with electoral administrators to improve the accuracy and completeness of the registers through initiatives such as online registration and reform of the annual canvass process.
I will highlight just a few examples of our work in this area. The introduction of online registration has made it simpler and faster for people to register to vote—it takes as little as five minutes. This improvement benefits all electors, young and old, including groups that have traditionally experienced barriers to making an application to register. Millions now apply to register in the run-up to elections so that they can have their say; it was considerably more difficult to do this in the past. Working with partners, the Government have developed a range of resources to promote democratic engagement and voter registration, all of which are available on GOV.UK, and which are aimed at electoral registration officers, civil society groups, teachers and others.
We are also in the process of implementing changes to the annual canvass of all residential properties in Great Britain which will improve its overall efficiency considerably. This includes local and national data matching, including that held by DWP, to allow EROs to focus their attention on properties that are likely to require additions to the register. This will allow electoral registration officers to focus their efforts on hard-to-reach groups—and that includes young people—and will play an important role in helping to maintain register accuracy and completeness. This is the first year of the reformed canvass, and anecdotal reports so far suggest that administrators have found the process much less bureaucratic and time consuming. No longer do administrators have to waste their limited resources confirming that people have not moved.
We are also analysing the impact of the new student electoral registration condition. Indeed, all noble Lords who have spoken today have mentioned the issue of attainers. This provision came into force in 2018 and requires that higher education providers in England comply with ERO requests for data. Providers are also encouraged to co-operate and work effectively with local authorities to promote electoral registration among their student populations. We need to give such projects time to bed in, and the Government time to see the outcomes they are looking for.
The strategy has also included providing ministerial and Office for Students guidance to promote higher education providers and EROs collaborating innovatively to suit local needs. We have no plans to extend the approach to schools. However, we remain supportive of the existing engagement between EROs and schools in their local areas. I know from my own experience in local government the extent to which EROs were working with their schools, as indeed were politicians, both national and local. Indeed, the Government encourage EROs to double down on their already impressive efforts and to continue to use schools to reach out to pupils, particularly those who will be of voting age within the next couple of years.
I hope this provides noble Lords with sufficient assurances that we are all trying to get to the same end; we need to be working together. The Government are dedicated to improving the accuracy and completeness of the electoral registers, while also maintaining electors’ individual liberty to choose to register of their own accord.
The amendment makes two suggestions as to what the Government might include in the proposals it would be required to lay before Parliament to improve the completeness of the registers. The first would see a form of automatic registration introduced for attainers—those who are too young to vote but who can register before they attain voting age—to ensure that they are registered to vote as soon as they become an adult. As I have explained to the House previously, the Government are opposed to automatic registration for reasons of both principle and practicality—and it does not matter what age the potential elector is. In terms of principle, we believe that registering to vote and voting are civic duties. It therefore follows that people should not have these duties done for them or be compelled to do them. In addition, treating attainers differently would lead to a lack of equity in the electoral registration system, and transferring responsibility for registering people to vote on to the Government would constitute a fundamental shift in how the registration system currently works.
There is also the principle of individual responsibility, which is why we introduced individual electoral registration in 2014. Automatic registration is not compatible with the idea that it is each eligible citizen’s own responsibility to register to vote. An approach based on individual responsibility also leads to the outcomes we all want to see. After the introduction of individual electoral registration, the registers for the 2017 and 2019 general elections were the largest ever. There is also some evidence from overseas to suggest that those who register themselves are more likely to vote. Individual electoral registration has worked.
The Government’s online registration service does exactly this: supporting citizens who want to register by making the registration process easier than ever. Satisfaction with the register to vote website is consistently above 90%, and it is regularly developed and improved.
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
My Lords, I have received no request to speak after the Minister, so I call the noble Lord, Lord Shutt.
Lord Shutt of Greetland (LD)
My Lords, I thank the noble Lords who spoke in favour of this amendment, which is everybody bar the Minister. It is important that this is an all-party affair and that registration is seen as beyond party. I am very disappointed in the Minister’s response, but not surprised. I do not understand how registration is a voluntary act, yet you can be fined if you do not register. That is a very strange form of volunteering.
The Minister has said a great deal about what the Government are doing. We heard about it in Committee and it is all commendable stuff. However, she has not said, for example, how it can be that in 2015 45% of attainers were on the registers and it is now down to 25%. That seems to me failure; it is not success.
I do not think this is good enough. It is not good enough for our young people, so I would like to test the opinion of the House.
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
My Lords, we now come to the group beginning with Amendment 17. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this or anything else in this group to a Division should make that clear in debate.
Clause 7: Protected constituencies
Amendment 17
Lord Lipsey
“(d) a constituency named Brecon and Radnorshire with identical boundaries to those of the existing Brecon and Radnorshire constituency”Member’s explanatory statement
This amendment creates an additional protected constituency to make this seat geographically manageable.
Lord Lipsey (Lab) [V]
My Lords, we have had a long, hard afternoon and tummies are rumbling, so I genuinely will not detain the House for long. An absolutely overwhelming case was made in Committee for this amendment exempting Brecon and Radnorshire from the 5% leeway allowed, but it has not got anywhere. The noble Lord, Lord True, was gracious enough to find time to discuss it with me one on one, though he did not give me any hope. I am sad to say that Ministers in the other place were not so prepared to have a meeting with Fay Jones, the Conservative MP for the seat, and I regret that.
Anyway, one has to know when one’s goose is cooked, so I accept that this will not happen, though the people of Brecon and Radnorshire will resent the way the Government have been pursuing what they will regard as their war on Wales.
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
My Lords, my apologies—I was momentarily distracted. I thought the noble Lord, Lord Lipsey, had come to the end of his speech. He had certainly stopped speaking. Did I not hear him?
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
I wonder if the noble Lord, Lord Lipsey, could repeat what he just said. I am afraid I was unable to hear him.
Lord Lipsey (Lab) [V]
No words are issuing from my mouth. I have finished; I have stopped; I am ended.
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
Could the noble Lord confirm whether he intends to move his amendment?
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
My Lords, I think—I think—I was right the first time and the amendment has been proposed.
Lord Wigley (PC) [V]
My Lords, I am delighted to support the noble Lord on this amendment and to introduce my own amendment, which is linked to it. The noble Lord spoke with passion on this matter in Committee and his commitment to Brecon and Radnorshire inspires us all. We all have our memories of the Brecon and Radnorshire constituency. It has been represented by three different parties over my political lifetime. I remember going to Patagonia in 1965 with Tudor Watkins, who was then the Labour Member of Parliament. I served with Caerwyn Roderick, who took over subsequently, and we had Richard Livsey, of course, who was a colleague in this Chamber of many noble Lords. We also had Jonathan Evans as a Conservative MP. All three parties—Labour, Liberal Democrat and Conservative—had their own roots in the Brecon and Radnorshire constituency and they all had representatives of calibre. It would be a tragedy if a constituency such as this, with its rural nature, was lost just to get the sums right over the whole of the UK.
My amendment links the constituency of Montgomeryshire into this equation. Montgomeryshire is also a rural county—a scattered rural county. I declare an interest as my father and all his forebears came from Montgomeryshire. My wife, Elinor, was born in Llanidloes and both her parents had all their roots in Montgomeryshire. It is a mellow county that does not look to the craggy wildness of Gwynedd to the north-west or to the industrial belt of Clwyd to the north-east. It is a county in its own right and should remain as such. I believe that the way to handle this issue is to define the county of Powys as having two integral seats in the House of Commons. By deciding that those two seats stand, you define to the north—the north-west and the north-east—an area that has a character of its own and can be adjusted to have the appropriate number of representatives in the rural west and in the industrial east; likewise to the south in the industrial belt running through south-west Wales.
I believe that getting Brecon and Radnorshire and Montgomeryshire right—getting the county of Powys right—in the Bill gives the opportunity for the commissioners to do justice to the rest of Wales. That is why I am delighted to support the noble Lord’s amendment and to put forward my own.
Baroness Humphreys (LD) [V]
My Lords, I wish to speak briefly to both amendments in this group. In Committee, I spoke to the noble Lord’s similar amendment to add Brecon and Radnorshire to the list of protected constituencies in Wales, and I would like to expand on the comments I made then. I am very familiar with both the Brecon and Radnorshire constituency and the Montgomeryshire constituency, having campaigned and canvassed in both over many years. I can perfectly understand the motives behind these amendments and the desire to protect these constituencies’ borders. Both are in beautiful, rural mid Wales and have a long history, Brecon and Radnorshire having existed since 1918 and Montgomeryshire since an incredible 1542. It is understandable that electors feel a close affinity with their constituency and that a significant community cohesion has developed over many years.
Brecon and Radnorshire and Montgomeryshire hold a special place in the hearts and minds of Liberal Democrats too, and we are proud of the way in which our MPs, Richard Livsey, Roger Williams and Jane Dodds in Brecon and Radnorshire, and Clement Davies, Emlyn Hooson and Alex Carlile in Montgomeryshire worked on behalf of their constituencies and communities over the years.
But now, of course, regrettably, all the constituencies in Wales are facing upheaval and a new reality as a result of the Government’s decisions in this Bill. However much we would like to stay within the comfort blanket of our present constituencies, we have to accept that we cannot lose eight MPs and expect constituency boundaries to remain the same. I am content with the decision that Ynys Môn will become a protected island constituency, but while that makes sense, creating another protected constituency will have an adverse impact on all the other new constituencies across Wales. We must have a fair system that is applicable to all constituencies and we must now have the confidence to allow the Welsh Boundary Commission to work within that system.
However, experience has shown that MPs who represent larger constituencies face a number of practical issues. An example is whether they should establish more than one constituency office—one in the north and one in the south of their area—so that constituents have access to them. How many staff do they need in order to run more than one office? Also, how do they deal with the media that question their expenses? The expenses of an MP in the largest constituency by area in the UK are often compared adversely with those of an MP in the smallest and most compact constituency. I hope that the Government will help to prevent this sort of unfair criticism in the future.
I finish by reiterating one other point I made in Committee. With a reduced voice from Wales in Westminster now, I hope that the Senedd will take the decision to increase the number of Members that the electorate of Wales can elect to be their voice in Cardiff. During the past few months, the Senedd has shown the people of Wales that it can use its powers effectively, and now it must give itself the tools to do so even more effectively.
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
The noble Baroness, Lady Finlay of Llandaff, has withdrawn from the debate and so I call the noble Baroness, Lady Randerson.
Baroness Randerson (LD)
My Lords, these amendments draw attention yet again to the problems caused by any attempt to impose strict uniformity on constituencies based on a simple number count. I am particularly drawn to Amendment 19 as it recognises Powys as a county. The integrity of council boundaries has been the subject of much support in debates on this Bill. My noble friend Lord Tyler raised similar issues in his Amendment 15 which emphasises the territorial integrity of Cornwall and its distinct identity, which is clearly fostered by its geographical remoteness.
Lord Thomas of Gresford (LD) [V]
My Lords, I must declare an interest, in that my grandfather was from Llanfihangel-yng-Ngwynfa in the deepest rural part of Montgomeryshire. The boundary commissioners proposed in 2016 to link north Montgomeryshire with South Clwyd. I suspect that that proposal may be once more on the table following this Bill—it looks all right on a map.
Earlier this year, when I was recuperating from illness, I persuaded my wife, the noble Baroness, Lady Walmsley, to drive me over the Berwyn mountains from the valley of the River Dee. We took the mountain road from Glyndyfrdwy, in Denbighshire and in the South Clwyd constituency. Unfortunately, I had forgotten that the tarmac runs out at the bwlch—the top—and that the track thereafter was unfit for motor vehicles. Naturally, I insisted on going on. It was a hair-raising experience for the noble Baroness. We bottomed out on the fissured and deeply rutted track a few “expletives deleted” times. The only vehicle we met belonged to some Midlander holidaymakers bumping along, who had lost their way blindly following the satnav and were 10 miles adrift.
When we got down the other side of the mountain and the noble Baroness had calmed a little, we were in the Ceiriog Valley in a different county, the county of Wrexham. However, we were still in the Clwyd South constituency. The River Ceiriog runs along a high-sided valley into the River Dee some 20 miles to the east at the English border. We had to go west over another mountain on a single track road, fortunately this time tarmacked, to reach Llanrhaeadr-ym-Mochnant, once in the Denbigh constituency, but now in Montgomeryshire. There, we were in the Tanat Valley. The River Tanat runs into the Severn, again far to the east over the English border.
There was another range to surmount to arrive in the valley of the River Vyrnwy and yet another range between us and the Severn valley around Newtown. To get from where we started in Clwyd South to the nearest point of Montgomeryshire by an ordinary double track road, would have been a 30-mile trip through Oswestry in England and a 60-mile trip to Newtown. The geography of Wales is such that the main rivers run from west to east. The Severn traverses Montgomeryshire to Shrewsbury and the Wye crosses Brecon and Radnor to Hereford. Between these two major river valleys there are mountains, through which there is a single winding road, the A483. This was termed the deadliest in Wales two years ago, with 4.3 fatalities per 10,000 inhabitants. To the west, over the waterfront, the rivers run the opposite direction, east to west, into Cardigan Bay in the constituency of Ceredigion. It is a long way to Aberystwyth, and I hope the Boundary Commission does not start adding or subtracting populations over there.
One cannot alter geography by Act of Parliament. Each valley contains individual communities where even the language changes and the accents vary. The noble Baroness, Lady Hayter, and the noble Lord, Lord Morris, made the same point in the debate on the fifth group today. This is where the concept of strict quotas falls down. The Government suggested and will no doubt cling to the 5% variant either way. Fortunately, we have now voted to extend it, and I trust Government will not seek to reverse our decision. The Minister said he wanted Wales to be fairly represented and that really does not depend upon meeting quotas of voters.
Each of these two constituencies has approximately 55,000 voters, and each has huge and difficult terrain. If the tie between MP and constituent is to mean anything, it is senseless to carve up these communities. Over such a wide and diverse area where the geography separates communities, it is not surprising the problems for an MP are various, diverse, and unique. I agree with the noble Lord, Lord Blunkett, speaking earlier today, that there should be a community link, a common interest, so that an MP can speak for that community, one hopes with a single voice.
However, I must consider what effect the permanent maintenance of an untouchable pair of constituencies would have on adjoining constituencies to the north, west and south. In the end, I fear an even worse melange may be the result. In the debate on group 5, my noble friend Lord Rennard made a passionate plea for flexibility, and I entirely agree. It is for that reason only that I fear I cannot support either amendment, but I hope that the Boundary Commissioners, when they meet, take into account the special problems of the county of Powys, act flexibly and come up with something more sensible than the proposals of 2016.
Baroness Gale (Lab) [V]
My Lords, I thank all those who have spoken to these amendments. It has been a very good gathering of Welsh Peers—when we speak about Wales, we know what we are talking about from our experience of travelling around Wales. My noble friend Lord Lipsey has always made a very good case for keeping Brecon and Radnorshire as a protected constituency; likewise Amendment 19 in the name of the noble Lord, Lord Wigley.
These two constituencies cover a large geographic area of Wales, with Brecon and Radnorshire being the largest constituency by area in Wales or England, with a population of around 69,000 and an electorate of 53,000—we are talking about very big areas. Today, even with all the new technology, the MP needs to be seen and the constituents need access to their Member of Parliament. It is already difficult for the MPs to serve their constituencies, because of their size. A larger geographical constituency would only increase that difficulty, not only for the MPs but for the political parties that have to organise for elections and communicate with the electorate. How much more difficult will this be if the boundaries are extended?
We will continue to press on the Government that the geography and communities of Wales should be regarded as important considerations when looking at constituency boundaries. I hope the Government will listen to reason as the Bill returns to the Commons and add some flexibility, to enable these large geographical constituencies to be recognised, the main argument being that constituency boundaries are too important to be decided just on numbers. Such changes have an enormous impact on fairness, representation, and respect for local history, the people and the communities concerned. In Wales, the Welsh language is very important as well. I think a good case has been made and I trust the Minister will take note of the arguments we have put tonight.
Lord True (Con)
My Lords, again I am very grateful to all noble Lords who have spoken. First, I say to the noble Lord, Lord Lipsey, that I am sorry if he felt disobliged by anybody. To him and to any other noble Lord who wishes to discuss an amendment to a piece of legislation, I say that as long as I am at this Dispatch Box, my door is open to any noble Lord of any party who wishes to discuss a matter before the House. I was glad of the opportunity to talk to him. It is unfortunate, from his point of view and that of other noble Lords who have spoken, that amiable conversation does not always lead to identity of view.
I will not, at this late hour, repeat to the House the fundamental arguments as to why the Government are opposed to additional protected constituencies; I point out merely that had it been the policy of the Government to entertain protected constituencies beyond the islands we have discussed—and the Government did show flexibility in relation to Wales, with the decision on Ynys Môn—and had the Government been open to protect a particular constituency, I have no doubt that your Lordships would have been detained by not two or three but 40 or 50 amendments claiming due protection for different parts of our United Kingdom. Saying that is not to disparage in any way the passion, knowledge and commitment with which this amendment was argued —as, indeed, was the earlier amendment on Cornwall. I resisted the amendment on Cornwall for the same reasons.
I will add briefly some comments on the two amendments. This evening noble Lords again repeated arguments that were put in Grand Committee relating to the challenges associated with the size of large rural constituencies. We heard again tonight from the noble Baroness, Lady Randerson, what the noble Lord, Lord Hain, said in Grand Committee: it takes two hours to drive from one end of Brecon and Radnorshire to the other. The noble Lord said, I think, that the Prime Minister could drive across his constituency in 10 minutes. I wonder if that is still the case, judging by the appalling delays being inflicted by Mayor Sadiq Khan on drivers in London currently.
Lord Lipsey (Lab) [V]
My Lords, I think that the friends of Brecon and Radnorshire should have a good party when coronavirus has departed and we are no longer bound by the rule of six. For all his courtesy, however, I am afraid I will not be able to invite the Minister. All that needs to be said on this subject has been said, and I therefore beg leave to withdraw my amendment.
Parliamentary Constituencies Bill
Thursday 15th October 2020
(4 years, 2 months ago)
Lords ChamberRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-R-I Marshalled list for Report - (5 Oct 2020)
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I will most graciously yield—as they say in the US Senate—to the noble Baroness opposite shortly, but I should like to say to the House that we conclude now our work on the Parliamentary Consistencies Bill, which is the first Bill I have had the privilege of taking through the House. Once upon a time, it was my delight on a shining night, but I find now that I am no longer a poacher but a gamekeeper. I thank all noble Lords who have made this new role so properly testing but also rewarding in doing the work of the House and trying to get the best results on this legislation. I particularly thank my noble friend Lord Young and the noble and learned Lord, Lord Thomas of Cwmgiedd, for their constructive contributions on important amendments, and the many other Peers who spoke. Even though we have come to different opinions, of course I thank the noble Baroness, Lady Hayter, opposite, the noble Lord, Lord Lennie, and the quartet who spoke for the Liberal Democrats, the noble Lords, Lord Wallace of Saltaire, Lord Sharkey, Lord Tyler and Lord Rennard, for the time they put aside to explore their amendments and look for common ground in the margins of our debates.
I am sure noble Lords would like to join me in thanking the clerks and the digital team who have enabled these hybrid proceedings, not always without surprises, but that is no fault of theirs, I am sure. I also thank the officials on the Bill team for their tireless work in helping all of us to see the Bill proceed in a proper manner and to have the information needed.
We all agree on one thing: the constituencies of the UK Parliament are at the heart of our democracy. They are integral to a voter’s right to choose the Government of the day. As a result, the number, size and location of constituencies, and the way they are kept under review and up to date, are matters of the greatest importance. We therefore look forward to the further views of the other place and I look forward to continuing our discussions on these and related issues in future. I beg to move.
Baroness Hayter of Kentish Town (Lab)
The Bill made parliamentary history by being the first to have a Lords Committee stage in the hybrid Grand Committee, so just in case it makes the Government’s history by being the first to have all our amendments accepted in the other place so that it is not returned here, I shall take this opportunity on its last outing to thank those who smoothed its passage. As the Minister said, the broadcasters and the parliamentary staff did enormous work to enable those hybrid sessions to take place in the new Moses Room.
I also thank the noble Lord, Lord True, and congratulate him on his maiden Bill. He and the noble Baroness, Lady Scott of Bybrook, made valiant, not always successful, efforts to defeat our arguments, although at every stage they heard our points, explained the Bill and its rationale and assisted us in the handling of business. We particularly welcome the Government’s adoption of—if I may call it this—the Young-Cormack amendment, which gives greater confidence about the impartiality of the move to automaticity. The Bill team, who are not here, but who I am sure are listening somewhere, were, as ever, helpful, including to the Opposition. On our side, my noble friends Lord Lennie, who has been mentioned, and Lady Gale did much of the heavy lifting, and we were assisted behind the scenes by our colleagues Catherine Johnson and Dan Stevens.
As the Minister indicated, this is a serious Bill on a serious matter. We congratulate the Government on restoring 650 seats to the other place. As the Minister said, we all want a fully functioning democracy, and how MPs are elected, who they represent and where they represent are part of that, so we welcome the Bill and look forward to its use in a general election—perhaps even an early one.
Lord Tyler (LD) [V]
My Lords, the Bill will return to the Commons substantially improved. I, too, pay tribute to all who have helped to make it so, including the Minister, the noble Lord, Lord True, by accepting and endorsing the important change originally promoted by the noble Lords, Lord Young of Cookham and Lord Cormack. The Minister explicitly accepted that it is the right and responsibility of your Lordships’ House to perform this task, not least when MPs and the governing party may need the corrective of relatively dispassionate, non-partisan, independent scrutiny of electoral law. Although he was not able to endorse the specific proposals for strengthening the independence of the Boundary Commissions, I sense that he was sympathetic there, too.
The Bill is improved in particular because it now provides more continuity and less disruption for all concerned, especially for electors, as well as for those whom they elect. It is more people-friendly and less obsessed with party advantage. Neither the extension of the review periods from eight to 10 years, nor the greater flexibility available to the four Boundary Commissions will materially weaken the Government’s declared aim. We may argue, when other legislation reaches us, that their manifesto promise of
“making sure every vote counts the same—a cornerstone of democracy”
will have to be addressed by a more effective voting system but, in the meantime, we can surely agree that to insist on retaining the previously drafted eight-year review or the narrow 5% variation in the electorate quota would be absurd in this context. The exhaustive and forensic analysis by authoritative academics, which has been the core factual evidence provided to us all, should reassure MPs that they can accept these improvements without materially undermining the purpose of the Bill. Had the Bill continued in its original form the majority of constituencies, up to two-thirds of MPs, could have been faced with the knock-on impact of absurdly irrational and irritatingly regular alterations. To stick with the original proposals, at the risk of far too much disruption, too often, for constituencies and constituents, would be as perverse as it would be pointless.
The other very welcome change relates to the inclusion of immensely practical provisions to encourage young people who should be taking on their civic role as full citizens at the age of 18 to be registered. The current shortfall, reported by the Electoral Commission, is scandalous. Some people—even Ministers—seem unaware that there is a firm obligation for these attainers to be on the electoral register. Voting is entirely voluntary, of course, but not so registering, as this is the pool from which juries are appointed—hence, those who are eligible and are not specifically exempted can be fined for failing to do so. I hope that Ministers will not seek to undermine that obligation and will encourage local electoral registration officers to remind people at every opportunity of that civic duty.
The formidable case for this modest reform set out in the letter to Ministers from the group of senior academics should be conclusive. This team, from the universities of East Anglia, Liverpool, Manchester and Newcastle, provides point-by-point analysis of both the need for and the efficacy of these changes. Again, we must hope that MPs will recognise that the very large majority in your Lordships’ House for that new clause on registration represents a substantial cross-party, non-party agreement on the way forward.
Finally, on behalf of the Liberal Democrat Peers, particularly those who have worked on the Bill, I express our thanks and admiration to all those who have assisted the House in reaching this consensus success: the Minister and his team, the Public Bill Office and other officials of the House, Members from all sides who have valued the integrity of the democratic process and, most especially, the academic experts who give us their well-researched and non-partisan advice.
Lord Thomas of Cwmgiedd (CB) [V]
I too add my thanks, and thanks on behalf of the Cross-Benchers, to the Minister for the very courteous way in which he has brought this Bill before the House. Being somewhat inexperienced in these matters, I had not appreciated that this was the first occasion on which he had piloted a Bill through the House. I would never have known that from his magnificent performance. I also thank him for the courtesy he showed me in discussing the various provisions of the Bill in which I was interested. We had very good discussions and they were carried out in a spirit of great courtesy and friendship.
Perhaps I may add two further observations. First, the hybrid nature of these proceedings require me to find a substitute in case the connection from Wales, where the broadband provided is not as good as it should be, fails. I had to ask my noble friend Lord Janvrin to be available to deliver my speech. Having on occasion prepared speeches never to deliver them, I know that that is rather a thankless task, so I am most grateful to him. Secondly, I thank all noble Lords who supported the amendments that I and other Cross-Benchers put forward.
I have two concluding observations. First, thanks are due for the way in which the broadcasting team has so skilfully enabled us to carry through these proceedings. Secondly, thanks are due also to the Bill team and the clerks, and in particular the civil servants in the Cabinet Office, who have been so helpful to me in explaining the intricacies of some parts of the appointments process. Sometimes we do not sufficiently recognise the devotion to duty of those who form our Civil Service and are the backbone of the way in which we run ourselves.
I have one final observation. On the day of Report, I was meant to be at a conference in the United States by videolink. When I explained to those at the conference the reasons for my delay, they expressed the hope that some of the procedures in our House and some of those that we have for altering constituency boundaries might be introduced there and that gerrymandering will be brought to an end. I am sure that this Bill will ensure that we will never have any gerrymandering in the UK.
Parliamentary Constituencies Bill
Tuesday 10th November 2020
(4 years, 1 month ago)
Commons ChamberRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 10 November 2020 - (10 Nov 2020)
17:31 - The House divided: - Ayes: 348 / Noes: 268 - Question accordingly agreed to.
17:44 - The House divided: - Ayes: 352 / Noes: 263 - Question accordingly agreed to.
17:58 - The Committee divided: - Ayes: 345 / Noes: 266 - Question accordingly agreed to.
18:12 - The House divided: - Ayes: 346 / Noes: 266 - Question accordingly agreed to.
The Leader of the House of Commons (Mr Jacob Rees-Mogg)
I beg to move, That this House disagrees with Lords amendment 1.
Mr Deputy Speaker
With this it will be convenient to discuss:
Lords amendment 2, and Government motion to disagree.
Lords amendments 3 to 5.
Lords amendment 6, and Government motion to disagree.
Lords amendment 7, and Government motion to disagree.
Lords amendment 8, and Government motion to disagree.
Mr Rees-Mogg
The Government’s commitment to ensure that the House has updated and equal parliamentary constituencies has been reflected in the tenacity of my hon. Friend the Minister for the Constitution and Devolution. I apologise to the House that I am a mere stand-in for her today, because her efforts to legislate to that effect have been unstinting throughout this Parliament.
Alec Shelbrooke (Elmet and Rothwell) (Con)
Does my right hon. Friend think it appropriate just to take this moment to send our best wishes to the Minister, our hon. Friend the Member for Norwich North (Chloe Smith), who is suffering very bad ill health at this moment?
Mr Rees-Mogg
Yes; my hon. Friend has momentarily pre-empted me, because that is exactly what I was about to do. The whole House has noted our hon. Friend’s positive approach to the challenge that prevents her from being here today. She is a wonderfully popular and singularly effective Minister, and I know that Members across the House wish her the speediest of recoveries. None the less, she is continuing to work very hard, and I have therefore had the opportunity to discuss the Bill with her. I am pleased to report to the House that she is delighted, as am I, that the principle of updated and equal constituencies is shared by both Houses and across parties. That is in no small part down to the efforts of my noble Friends Lord True and Baroness Scott of Bybrook, and I extend our thanks for their sterling efforts in taking the Bill through the other place.
It is of course right that this short but important Bill has enjoyed extensive debate and scrutiny in both Houses, and we will always welcome the thoughts of their lordships, but it is important to remember that this is a Commons Bill about the composition of the House of Commons based on the mandate of the elected Government. This is an area in which I have taken a great interest during my years as a Member of Parliament, so it is with a spirit of gusto that I now roll up my sleeves and prepare to delve into the detail of their lordships’ amendments. I will speak to each amendment in turn.
Lords amendments 1 and 2 provide that a boundary review would be carried out every 10 years. This is a significant change from the current legal requirement for a review every five years. The Government’s approach, as in the Bill before it was amended, is to mandate a boundary review every eight years. The Government’s aim, as set out in our manifesto, is to ensure that parliamentary constituencies are updated regularly, but without the disruption to local communities and their representatives that might occur with the current five-year reviews.
While developing this Bill, my hon. Friend the Minister for the Constitution and Devolution discussed the Government’s proposal for an eight-year cycle with parliamentary parties and electoral administrators and shared with them our broad plans for the Bill. Concerns were expressed about the importance of up-to-date data—particularly local government boundary data, hence clause 8—but the Labour, Liberal Democrat, Plaid Cymru and Scottish National party representatives from the parliamentary parties panel were among those content with our approach.
If reviews were to happen only every 10 years, as these amendments propose, the data used in boundary reviews would be older and less reflective of current local government boundaries and demographic change. That would also create an unfair situation for electors, because where boundaries were not regularly updated to ensure that they more accurately represented changing demographics, there is a risk that some would feel that their vote was not of equal value to the votes cast in a neighbouring constituency. We believe that the middle ground of eight-year cycles, as proposed in the unamended Bill, is the right way forward. It removes the disruption of a review happening roughly each time an election occurs, but as not too much time will pass between reviews, it also delivers boundaries that are up to date and fair. I therefore trust that the House will disagree with these Lords amendments.
Under Lords amendment 6, members of the Boundary Commission would be chosen using a bespoke appointments procedure that would sit entirely outside the existing public appointments process. The Bill as originally drafted did not make changes to the current processes, and there has been no dispute or controversy to date with the manner in which the commissioners have been appointed. The automatic implementation of the boundary commissioners’ final recommendations is crucial to achieving regular and effective boundary reviews.
Automatic implementation also shines a light on the boundary commissioners themselves. As parliamentary scrutiny is not involved in the process, we must be able to trust that the commissions are effective and independent. We need to be able to satisfy ourselves that the process of appointing all Boundary Commission members is thorough, independent and fair and that there is no room for any undue influence of any kind. I can reassure the House that our current processes fulfil all those criteria. Let me first outline how the deputy chairman and the ordinary members of the commission are appointed at present and then look at how the amendment would change the status quo.
The deputy chairman position in each Boundary Commission must be filled by a High Court judge. The amendment is unnecessary for two reasons. First, the judges appointed to the Boundary Commission have already undergone a rigorous recruitment procedure that gives reassurance that they are able to act independently and impartially. Secondly, the Lord Chancellor consults the Lord Chief Justice over these appointments in any case. This provides the views of the head of the English and Welsh judiciary. The appointment of ordinary members of the Boundary Commissions are public appointments. The four commissions are listed alongside many other public bodies and independent offices in the Public Appointments Order in Council 2019. The order is the legal basis for the governance code on public appointments and the independent Commissioner for Public Appointments, who regulates appointments processes.
The governance code and oversight of the commissioner ensure that appointments are made openly, fairly and on merit to the Boundary Commission and many hundreds of other public bodies. The governance code includes robust safeguards to ensure the political impartiality of the two ordinary members of the Boundary Commissions. These members are appointed by Ministers, having been assessed by an advisory assessment panel that includes a representative of the organisation in question. For Boundary Commissions, the representative is the deputy chairman or an ordinary member if the deputy chairman cannot attend. It is the job of the panel to assess which candidates are appointable, so that Ministers may make an informed and appropriate decision. At the application stage, all candidates are asked to declare political activity over the previous five years. Future advisory assessment panel decisions should not be prejudged, but it would seem likely that recent significant political activity would present a degree of conflict that would be incompatible with the panel finding a candidate appointable as a boundary commissioner.
The Bill, as amended, creates a bespoke system for Boundary Commission appointments in primary legislation. There are three main reasons to oppose that amendment. First, the existing public appointments system has secured dedicated and expert members for the Boundary Commission for decades; in simple terms, “If it ain’t broke, don’t fix it.” Secondly, a separate appointments regime could cast doubt on those appointed to public office under the current system. That doubt would be unjustified, as the current system is independently regulated and ensures that talented individuals with the right skills and experience are appointed to many hundreds of bodies across government to carry out vital public work. We should use it wherever possible and resist the urge to create new, niche systems.
Thirdly, I have already mentioned that the deputy chairman’s previous appointment as a High Court judge will have been sufficiently robust to ensure their ability to act impartially. The Government are also unconvinced by the argument that the Lord Chancellor cannot be trusted to act impartially when making such appointments. The role of the Lord Chancellor—the Lord High Chancellor—occupies a unique and significant position in our constitutional firmament, defending the judiciary and its independence through a duty to rise above party politics where required.
Mr Rees-Mogg
I am spoilt for choice. I will give way to the hon. Gentleman because I heard him marginally earlier, probably because of the distance factor.
David Linden
The right hon. Gentleman speaks about how independent the Lord Chancellor has been of late. Given the attacks on the judiciary by this Government and the attempts to break international law, does he really think that stands up to scrutiny?
Mr Rees-Mogg
I think it is of fundamental importance; the Lord Chancellor is there to say to Ministers that they should not criticise judges. That is one of his roles, to ensure that proper application of the separation of powers. The current Lord Chancellor, my right hon. and learned Friend, carries out his job with absolute aplomb, but he is not alone in this; Labour Lord Chancellors have done exactly the same.
John Spellar
Unfortunately, now that the Lord Chancellor is, rightly or wrongly, in the House of Commons, can they not be subjected to political pressures? Indeed, has a previous Lord Chancellor not been expelled from his party and therefore, in effect, expelled from Parliament?
Mr Rees-Mogg
The Lord Chancellor being in the House of Commons is something that happened earlier in our history, too. The right hon. Gentleman will be aware that Thomas More was Lord Chancellor in the House of Commons, so it is hardly unprecedented for this to happen, although there may be quibbles about the constitutional reforms that took place under the Government headed by Tony Blair. I think that the ability of the Lord Chancellor to be the voice of judicial independence and of the rule of law in the highest councils of government is one of fundamental constitutional importance.
Where I draw different conclusions from those of the hon. Gentleman and the right hon. Gentleman is that I think the role should be enhanced, protected and recognised as being one of exceptionality and above the cut and thrust of day-to-day party politics. I would mention distinguished Lord Chancellors from other parties here. Jack Straw and Lord Irvine of Lairg were two particularly distinguished Lord Chancellors, as were Lord Mackay of Clashfern and Lord Hailsham. They were great figures who all recognised that they had a political affiliation but that their solemn responsibility required them to rise above the fray. We should defend this as something precious about our constitution.
The gravity of the responsibility placed upon their shoulders means I have no doubt that future Lord Chancellors, one of whom could one day come from the Liberal Democrats or the Scottish nationalists—[Interruption.] The Scottish National party may be pushing it a bit, and one from the Lib Dems is not much more likely, but the principle is that the gravity of the responsibilities placed upon their shoulders means that Lord Chancellors will continue to uphold the highest traditions and respect for the judiciary. The notion that they would seek to undermine or compromise this through appointments to the commission is anathema to us all and would certainly be unconscionable to all past and present keepers of the Queen’s conscience—one of the roles of the Lord High Chancellor.
The amendment also proposes that there should be a single, non-renewable term for boundary commissioners as a way to avoid any potential for an appointee’s actions to be influenced by their desire for re-appointment. If an individual were to serve only one term, it would need to be for 10 years to align with the current cycle of 10-year reviews—or eight years if the House agrees to overturn their lordships’ change to 10 years—which is a long term of office. We are not aware of any similar examples for non-executive style roles such as this. It could be off-putting to some worthy candidates from an inevitably not limitless pool of applicants for such positions. It may also be beneficial to retain the experience of a commissioner after their initial term, which is a principle that applies across public appointments. Not prescribing a non-renewable term in law would retain flexibility in the event that a commissioner did or did not wish to serve longer than the current norm of a four or five-year term.
Alec Shelbrooke
Does my right hon. Friend agree that it should be the aim of the boundary commissions to try to hit the electoral quota number as closely as they can and that the tolerance is, as he outlined, merely for circumstances that may be out of their control? The message from the House to the boundary commissions should be true equality and please try to hit the number as well as they can.
Mr Rees-Mogg
My right hon. Friend makes a fair point. We all recognise that the numbers will diverge from the moment the commission finishes its work as people move around the country. Therefore, the tolerance of 5% either way—10% in total—gets the balance about right in the knowledge that, by the time of an election, it will inevitably have changed regardless A 15% tolerance range has been thoroughly debated in both Houses and twice rejected by this one—in Committee and on Report—so the settled view of the elected Chamber, to which, after all, the Bill relates most directly, should prevail. I therefore urge the House to disagree with the amendment.
As I turn to amendment 8, I will first pay tribute to Lord Shutt of Greetland, who tabled the amendment in the other place and sadly died recently. Lord Shutt was a stalwart campaigner and advocate on electoral issues, as reflected in his recent excellent chairmanship of the Electoral Registration and Administration Act 2013 Committee. I am sure I speak for the whole House when I say he will be much missed and offer my condolences to his family on behalf of the House. The amendment would require the Government to make proposals for improving the completeness of electoral registers for the purposes of boundary reviews. It suggests two possible ways in which the issuing of national insurance numbers could trigger 16 and 17-year-olds being included on the registers. I will look first at the completeness of the registers and then discuss how the amendment proposes to register 16 and 17-year-olds. It is important to note that recent elections have been run on the largest ever electoral registers, despite the removal of 1 million ghost entries from the register when the transition from household registration to individual registration was completed in December 2015. People who want and are eligible to register to vote find it easy to do so.
The Government believe that every eligible elector who wants to be included should be on the electoral register, but that it should be up to each individual to decide whether to engage with the democratic process. The Government seek to make registration as easy as possible and to work with many others to reduce any barriers to registration. For example, we introduced online registration. As a result, it became simpler and faster to register to vote; it now takes as little as five minutes to register. Similarly, we are focused on ensuring that electoral registration officers—with whom the statutory responsibility for maintaining complete and accurate registers lies—have the tools they need to do their jobs efficiently and effectively. For example, the Government have made many resources to promote democratic engagement and voter registration freely available on gov.uk. Furthermore, our changes to the annual canvass of all residential properties in Great Britain will improve its overall efficiency considerably. The data-matching element of the initiative allows electoral registration officers to focus their efforts on hard-to-reach groups. This is the first year of the reformed canvass, and anecdotal reports so far suggest that administrators have found the new processes much less bureaucratic.
The amendment makes two suggestions on what the Government may include in the proposals they would be required to lay before Parliament to improve the completeness of the registers. The first would see a form of automatic registration introduced for attainers—16 and 17-year-olds who can register to vote in preparation for attaining voting age—and their inclusion in the electorate data used in boundary reviews. We are opposed to automatic registration for attainers or any other group, in both principle and practice, as we believe that registering to vote and voting are civic duties. People should not have these duties done for them or be compelled to do them. That was one reason why we introduced individual electoral registration in 2014. The evidence shows that an individual system drives up registration figures. After individual registration was launched, the registers for the 2017 and 2019 general elections were the largest ever. Electoral registration has worked.
There are a number of practical concerns about automatic registration. Among others, it is almost certain that an automatic registration system would lead to a single, centralised database of electors. We are opposed to this on the grounds of the significant security and privacy implications of holding that much personal data in one place, as well as the significant cost that such a system would impose.
John Spellar
But surely the electoral registers are held by the local electoral registration officers and the local councils, and if they are provided with that information, they can automatically register people. That is what is in the amendment. A virtual national database would be a good idea, but it is not inherent in the proposition. It would mean that we did not have to spend a lot of money chasing those people up. Will the Minister explain why he thinks it desirable that we have such low registration rates of youngsters when we should surely want to engage them in the democratic process at an early stage?
Mr Rees-Mogg
I point out that we have record levels of registration. The right hon. Gentleman undermines his own argument, because as soon as the Government have all that information, they have it. If they send it out to electoral registration officers, that does not mean that they have lost, forgotten or abandoned it; it might do under a Labour Government, but it would not under a Conservative Government. I seem to remember some Inland Revenue figures were lost under the last Labour Government, but that is all ancient history and a long time ago. If the Government have that information, they have it; if has not been forgotten or wiped from the central mind just because they have sent it out to local officers. The risk of having a large, centralised system is that it would be expensive, and there would be risks in terms of security and privacy implications.
John Spellar
National insurance already has a national database—that is inherent to that system. That information would not be distributed to every local authority; information would be distributed on those who are resident within the postcodes in the local authority. What the Leader of the House is saying makes no sense at all. There is already a national database of national insurance numbers; logically, that has nothing whatsoever to do with telling local councils who is in their particular area so that they can chase them up.
Mr Rees-Mogg
That is not actually accurate. The national insurance database does not consist purely of voters; it consists of people who have national insurance numbers because they are eligible for tax in this country, and they may be foreign nationals. That is another problem: we would be trying to match together a database that is held for an entirely different purpose. It would have to be scrubbed to turn it into an electoral database, at which point we would have an electoral database held centrally, which is exactly the problem we are trying to avoid. I think we are on strong ground on this one.
Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
Does my right hon. Friend agree that although we want to encourage mass participation in the democratic process among the young, old and everybody in between, it is an inherent right in our democracy that people get to choose whether they partake in that democracy? If someone chooses not to register to vote, that is up to that individual, and that is something that we respect.
Mr Rees-Mogg
Freedom of the individual in participation is of fundamental importance. People have to decide whether they wish to vote—whether they wish to be actively involved. It is worth saying, again, that individual electoral registration has increased the number of people who are registered and increased the accuracy of the database. As I said, a million ghosts—phantom voters—were removed, and that is important. The integrity of the electoral register is of fundamental importance to the confidence that people have in the honesty of our system, and we have a very robust system.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
I note that the Leader of the House has not yet made any reference to Wales, where we are extending the franchise to 16 and 17-year-olds. We value the voice of young people—16 year-olds—in Wales, and I have long supported that idea for the whole of the UK. Will the Leader of the House set out what steps the UK Government are taking to support the Welsh Government in the democratic process of ensuring that 16 and 17-year-olds have the right to vote in the Senedd elections in May?
Mr Rees-Mogg
The hon. Gentleman cannot have it both ways. Devolved matters are for the devolved authorities to take care of, not for Her Majesty’s national Government to take care of. The Welsh Government have made that decision and will be able to implement it. If they cannot implement the decision, one has to ask why they made it.
Stephen Doughty
The Leader of the House is trying to have it both ways as well. The reality is that the UK Government hold sources of information—whether it is the national insurance database or one of many others—that can assist in ensuring accurate electoral registration in all parts of the UK. Would it not be better for the UK Government to co-operate with the Welsh Government? They might take a different view for England, but they should co-operate with the Welsh Government to ensure that that democratic mandate is fulfilled.
Mr Rees-Mogg
It is a matter for the Welsh Government to decide how they draw up their register. If they want help from HM Government, I am sure they will have ways and means of getting in touch to ask for it, but it would be disrespectful of HMG to involve themselves, without being invited, in decisions that have been made by the Welsh Government. If we were doing something like that in Scotland, the fury of the Scottish National party would know no bounds—but then it has to be said that the fury of the SNP usually knows no bounds.
Let us take note of the experience of other jurisdictions that have introduced automatic registration: the point that I was trying to make in response to interventions is that registrations may have increased, but so have concerns about errors and inaccuracies. Automatic voter registration would lead to less accurate electoral registers, especially if people had recently moved homes. Computers and—dare I say it—algorithms might add to electoral rolls people who did not live in the area, because of out-of-date entries held on other databases. They might also add people who had a residence but were not eligible to vote.
The Government are not prepared to undo all the benefits of our individual registration system by introducing the errors and inaccuracies that automatic registration would make more likely. After all, inaccurate registers facilitate voter fraud and undermine faith in the integrity of our democratic processes. [Interruption.] The one point at which those on the somnolent Opposition Benches wake up is when I say that inaccurate registers facilitate voter fraud.
They clearly want inaccurate and phantom voters. The only thing that seems to excite them is phantom voters. That is why I urge the House to disagree with the Lords amendment.
Cat Smith (Lancaster and Fleetwood) (Lab)
I welcome the Leader of the House to his place this afternoon. He is, of course, standing in for the Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), who, given her recent health diagnosis, is taking some time away from this House, but not from her work. I want to put on the record how much the Labour party wishes her a speedy recovery, because I agree with the Leader of the House that he is a poor substitute for the formidable Minister!
The Labour party supports a boundary review in time for the next general election. Throughout all stages of the Bill, Opposition Members and their noble lordships have worked constructively to use this opportunity as a chance to improve and enhance the UK’s democracy. I thank the noble Lords for the constructive amendments that we are considering, and urge all Members to support them. The amendments all have the same central aim, which is to ensure that our parliamentary constituencies are drawn using data that is as complete and accurate as possible.
As I watched the US election unfold last week, I was reminded that our democracy and strong constituency links should not be taken for granted, and that we should be working constantly to improve and defend our system of parliamentary governance in this country. At every stage of the Bill, the Government have had ample opportunity to improve democratic representation— from filling the gaps in our electoral register to ensuring that our constituency boundaries properly reflect the communities within them. Sadly, though, the missing 9 million people from our electoral roll will now not be included in next constituency map of the UK.
Turning to the Lords amendments before us, I want to begin by addressing Lords amendment 6, which ensures that the appointment of members of the Boundary Commissions is made and seen to be made independently of Executive influence. This amendment is important because of the significant change of removing parliamentary oversight. In the past, Parliament has always played a democratic role in the boundary review process. This Bill will remove the very backstop that secured the existence of the 650 constituencies we all represent in this House today.
The passage of this amendment would ensure that, much like the appointment of judges, the appointment of boundary commissioners was wholly independent. Deputy chairs of the boundary commissions for England and Wales would be appointed by the Lord Chief Justice, not the Lord Chancellor. Commissioners would be appointed by a selection panel comprising the deputy chair of the relevant commission and two others appointed by the Speaker of the House of Commons. A report would be submitted to the Secretary of State saying whom the panel had recommended. As it stands, this Bill allows Government Ministers to have undue influence over their appointments, and the Government’s track record on appointing their close friends to positions of public authority speaks for itself. I simply do not trust a Government who have shamelessly appointed their mates to run the BBC, Ofcom, NHS Test and Trace and other major bodies.
I would also like to address Lords amendment 7, which seeks to alleviate the inevitable break-up of communities resulting from a too narrow 5% quota. While this might seem dry, at its heart the change has a real consequence for communities in the UK. Constituencies must be of broadly equal size in a fair and representative democracy—and on that point, I hope we all agree—but international best practice recommends that flexibility should be baked into the system to allow for consideration of geography and community ties. The Council of Europe’s Venice Commission code of good practice in electoral matters recommends allowing a standard permissible tolerance from the electoral quota of plus or minus 10%.
UK experts who gave evidence to the Bill Committee recognised that the tight 5% quota will force constituency boundaries to cut across communities, ward boundaries, rivers, lakes, mountains and of course motorways to engineer the right mathematical numbers. Indeed, the secretary to the Boundary Commission for England admitted that a smaller tolerance makes it
“much harder to have regard to…factors…such as the importance of not breaking local ties, and having regard to local authority boundaries and features of natural geography.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 7, Q3.]
When the 5% variance was first introduced in 2011, the Government at that time were committed to having a 600-seat Chamber. The average number of electors per constituency therefore would have been much higher, meaning that the 5% that the boundary commissioners would be working with would actually include more electors to work with in the margins of these seats. This is an important point, because by failing to widen the tolerance while increasing the size of the Chamber back up to 650, the commissions actually have far fewer electors to work with—roughly in the region of just 3,000 electors. If we consider that the average urban ward in England is about 8,000 electors, we can appreciate the significance of needing at least 4,000 electors either side of the quota to prevent the breaking up of wards and communities.
Wendy Chamberlain (North East Fife) (LD)
Does the hon. Member agree with me that, arguably, having such a narrow tolerance could create a butterfly effect, whereby a housing development in one constituency might then tip it over the edge? In fact, we are looking at two thirds of the current constituencies being changed as a result of this strict limit.
Cat Smith
Indeed. The hon. Member is right about the butterfly effect, because of course we cannot change one parliamentary constituency without having a knock-on effect on all the neighbouring constituencies too.
The truth is that constituencies should look like communities. I thought that point was made very effectively on Second Reading by the right hon. Member for Basingstoke (Mrs Miller). I hope she does not mind if I quote what she said then:
“Constituencies should not just be numerical constructs; they should be constructed for communities first and foremost”.—[Official Report, 2 June 2020; Vol. 676, c. 804.]
I completely agree.
Mrs Maria Miller (Basingstoke) (Con)
Forgive me, Madam Deputy Speaker, but I was quoted. Does the hon. Lady agree, though, that a variance of up to 10,000 voters will actually give the Boundary Commission more than ample flexibility to be able to accommodate communities? The figures she was citing earlier were not, I think, entirely accurate.
Cat Smith
I hope that the right hon. Lady will be able to expand on that in her contribution; she is next on the call list to speak. However, I do not quite understand the point that she is trying to make, because there is always going to be a balance between—[Interruption.] If she would like to listen, there will always have to be a balance between hitting the quota and getting as close as we can to 0% from the quota—it would be desirable if every constituency had the exactly the same number of electors—while keeping communities together. I do not think that the idea of dividing a street or a housing estate arbitrarily to create exactly the same size constituency boundaries would cut the mustard with the public. The 5% rule runs a coach and horses through those community ties. It creates a kind of painting-by-numbers approach to the boundary review, and it will lead to long-established communities being split from one another and will erode local identities and divide neighbourhoods. Quite simply, we cannot have it both ways; we cannot protect local ties and enforce a strict quota.
Throughout the Bill, the Government have argued that a 5% tolerance will make every vote count equally, but I would argue that even a 0% quota would not make every vote carry the same weight. Leaving aside the fact that millions of voters are effectively disenfranchised every election owing to the existence of so-called safe seats, it is simply not true that every vote would count equally as a result of this Bill, because at any election we now know that in the region of 9 million eligible electors are incorrectly registered and are losing out on their chance to vote. Millions more will potentially join them if the Government’s plans to roll out voter ID come into force, as we have seen, similarly, in US elections.
I turn to Lords amendment 8, which was tabled by Lord Shutt, who, very sadly, died two weeks ago. He was passionately committed to improving our democracy and it is quite fitting that his last contribution was in support of this amendment. I was speaking to the hon. Member for Westmorland and Lonsdale (Tim Farron) earlier today and he told me that he was a down-to-earth, humble, funny and genuinely nice bloke. I would like to put on record the Opposition’s condolences to his family at this sad time.
Lord Shutt’s amendment would represent a significant step forward in voter registration and, hopefully, participation among young voters. As we all know, electoral registers are the fundamental building blocks for constituency boundaries. Sixteen and 17-year-olds can register as attainers head of their 18th birthday. Since the introduction of individual electoral registration, the number of 16 and 17-year-olds who have been registered has fallen from around 45% in 2015 to just 25% last year. This amendment would enable the Government to ask local authorities’ registration officers to add 16-year-olds to the electoral register when they get their national insurance number or, alternatively, ensure that 16-year-olds would be provided with information on how to apply to join the electoral register on receiving their national insurance number.
This sensible arrangement could radically improve the number of young people registering to vote, hopefully helping them to develop a habit of a lifetime of voting, and—more relevant to this legislation—mean that our constituency boundaries are representative of younger voters. The 16 and 17-year-olds that are considered when it comes to drawing constituency boundaries are likely to be the electors at a subsequent general election. For that reason alone, the Minister should give the amendment great consideration.
In conclusion, the Labour party fundamentally rejects the Government’s attempt to end the parliamentary approval of the new constituency boundaries, and we ask that Members think hard about the impact of the restrictive 5% quota. Ministers know very well exactly what needs to be done to enable greater democratic engagement, and the fact that they have consistently failed to take any action tells us all we need to know.
Mrs Miller
It is a great pleasure to follow the hon. Member for Lancaster and Fleetwood (Cat Smith). We also seem to have a number of Members of the Public Bill Committee in the Chamber today. It was a vigorous and very compelling Committee and I am sure that the debate today will follow that.
David Linden
The right hon. Lady talks about manifesto commitments. It was not that long ago that there was a manifesto commitment to have 600 seats in the House of Commons. What changed for the Government? [Interruption]
Mrs Miller
As one of my hon. Friends says from a sedentary position, it was a different manifesto. Even more importantly, one fundamental change that the hon. Gentleman will know more about is that we are choosing to leave the EU and, as a result, Members will have more work to do.
Mrs Miller
If the hon. Gentleman will allow me not to give way, this is not a debate between the two of us. The Leader of the House has set out important responses to these amendments which deserve a great deal of consideration. He has given a comprehensive analysis of these Lords amendments. Taking into account the fact that the Government have accepted amendments 3, 4 and 5 already, I would like to confine my comments to amendment 7 but also join him in agreeing that all the other amendments are manifestly unnecessary. Indeed, the Committee considered those issues in detail and found that the Bill should remain as it is.
Amendment 7 would undermine the essence of the Bill because it increases, not reduces, the opportunity for differences between constituencies. I referred to Basingstoke during my intervention on the hon. Member for Lancaster and Fleetwood. Currently we have almost 83,000 voters in Basingstoke, whereas a constituency such as Rhondda has just over 50,000. That shows starkly the necessity for change and for us to take this opportunity to make that change work as well as it can. It is as much to do with the way the current system works, in terms of Parliament being able to intervene in these measures. The difference between those constituencies is stark. But it is incumbent on us to ensure that any changes we put in place do not build another raft of problems for the future.
John Spellar
The right hon. Lady’s example of the Rhondda does not hold, I am afraid, because the allocation of seats to Wales will be based on the number of registered electors. Therefore, there may be some variations within Wales, but her seat in Basingstoke and constituencies in Wales are covered by another part of the Bill. Yet again, why have this dislocation when it does not actually impact in the way that she is describing?
Mrs Miller
I think my voters, and I am sure others, would want to be aware of the difference between constituencies, and whether they are in Wales or Hampshire, each voter should have the same ability to be represented in this place. That is manifestly not the case at the moment.
We had no end of evidence from experts on that point, and I think we should all thank those who took the time, not only to give written evidence to the Committee, but to appear before the Committee in person too. It was clear from that evidence to the Committee that there was no compelling reason to deviate from the Government’s proposals; it is important to put that on the record today.
Dr Alan Renwick from University College London said in oral evidence that no academic expert would be able to decide that what was on the face of the Bill should be changed. It is clear also from the evidence that there is room for accommodating those rules that we discussed at length, that there is sufficient flexibility in practice, and that the Boundary Commission will still be able to adhere to community ties.
I now come to the main point that I want to make to the Leader of the House, because it really perturbed the Committee. I absolutely agree that the amendment should not be made, but I want to be opportunistic and take the opportunity to land this point once more with the Government. We were concerned about the evidence that we saw from the Boundary Commission for England, and its ability to work within the way that the Bill sets out.
The oral evidence from Mr Tony Bellringer from the Boundary Commission for England very much underlined the commission’s current approach of working with wards as “building blocks”, and emphasised that currently that organisation does not hold a system or a dataset that could allow it to work in any other way. Yet, on the other hand, we heard—I think on the same day—that the Boundary Commission for Scotland does just that: it holds datasets that allow it to work at a sub-ward level. It is important that my right hon. Friend addresses that point, so that we may send a very loud message to the Boundary Commission for England that our democracy is important to us, that the Bill is all about equally sized constituencies, and that the commission needs to work with that.
My hon. Friend the Member for Heywood and Middleton (Chris Clarkson) reminded us in Committee that it was the chartists who, in the people’s charter of 1838, called for the principle of electoral equality, and said that that should remain the cornerstone of our democracy now and in future. I hope that the Leader of the House will reassure the House that no historical approach by the Boundary Commission for England will stand in the way of that organisation’s creating equal constituencies following the coming into force of this legislation, so that a vote in whichever part of the United Kingdom we live, from here to Ynys Môn and beyond, can count equally.
John Spellar
The right hon. Lady wants equality. Did she not move the amendment that said that Ynys Môn should stand alone, even though it would be much smaller than the quota?
Mrs Miller
I am sure that the right hon. Gentleman would not want to be the person from the Labour Benches to tell the people of Ynys Môn that Labour does not believe that theirs should be a unique constituency.
Thank you so much for the opportunity to contribute to the debate, Madam Deputy Speaker and I hope the Leader of the House can answer my questions.
David Linden
It is a pleasure, as always, to follow the right hon. Member for Basingstoke (Mrs Miller).
I start by sending my best wishes to the Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), who has been a formidable but good-natured opponent on the Bill. Naturally, there is much for me to disagree about when it comes to my dealings with Britain’s Constitution Minister, but personal health always transcends politics, and I know I speak for us all when I wish her all the very best for her treatment in the coming weeks and months. I look forward to seeing her back at the Dispatch Box.
I also welcome the Leader of the House to our proceedings on the Bill. He is always incredibly entertaining and I have certainly enjoyed watching his transition from a robust and consistent Back Bencher to a member of the Cabinet having to participate in the parliamentary gymnastics of Government U-turns that have become a hallmark of this Government.
The particular U-turn that this Bill legislates for is in reference to clause 5. That undoes the 2011 legislation, which I think the right hon. Gentleman voted for and which would have reduced the number of constituencies in the House from 650 to 600. With new legislative powers coming back from Brussels post Brexit, it would surely have been bonkers to reduce the number of MPs while increasing the legislative power of the Executive. Let me respond to the point of the right hon. Member for Basingstoke. I know that she did not want to have a debate about it, but her point was that the Government changed their position as a result of Britain’s exit from the European Union. In actual fact, as someone who served on the Parliamentary Constituencies (Amendment) Bill Committee, a Bill brought forward by the hon. Member for Manchester, Gorton (Afzal Khan), I know that, until December last year, the Government opposed that Bill every single way by withholding the money resolution. By that point, Britain was already leaving the European Union, so I am afraid that the right hon. Lady’s argument does not stand up to scrutiny on that part.
The fact that, under new calculations, Scotland will lose out on two to three constituency seats is making a mockery of the promises made after the 2014 independence referendum. In fact, it seems that all the devolved nations will now stand to lose out on constituency seats under the new calculations. The nation, of course, that is due to lose the most seats under these proposals is Wales, with all witnesses in Committee, including the CCHQ representative, Mr Pratt, saying that Wales would, in his own words, “take a hit”. I am sure that Welsh Conservative MPs were delighted about that being placed in Hansard. Again, it has been widely acknowledged that, under the current formula, Wales would lose seats to the benefit of the south-east of England. But this is not the only UK nation that stands to have diminished representation in the House of Commons.
Scotland is currently represented by 59 MPs and although I continue to work every single day of the week to ensure that Scotland is no longer governed by Westminster, until that day comes, I will fight to ensure that Scotland’s voice is fairly heard in this Chamber. Based on the proposed electoral quotas, we would see Scotland losing two or three seats to the advantage of England, which strikes me as being wholly unfair and flies in the face of the rallying calls that Scotland should lead the United Kingdom, rather than leave it. After the 2014 referendum, Scotland was promised that it would be considered an equal partner in this Union. However, the fact that Scotland is now set to lose three constituency seats should continue to highlight the promises made post 2014 that have been proven to be empty again.
I welcome all the amendments made in the House of Lords and commit my party to voting for them when the Division bells ring tonight, but there were some real missed opportunities for their lordships to dramatically improve the Bill. First, I am bitterly disappointed that their lordships did not remove the provisions of clause 2, which deals with the issue of automaticity or parliamentary approval of commission recommendations. Too often in earlier debates, the Government got away with suggesting that MPs should not be marking their own homework when it came to the approval of new boundaries, but I am genuinely surprised that the other House, which has a role in approving recommendations as well, has also relinquished that right. When it comes to Scottish peers—most if not all of them have never been elected—there was a hugely missed opportunity to try to protect the voices of devolved nations in future Parliaments. It should have been a priority for Members of the House of Lords to protect Scotland’s 59 seats in this Parliament and to protect our ability to represent our constituents and not to diminish Scotland’s voice. I see that some Conservative Members look quite perplexed at this idea of protecting seats, but of course it was 1980s legislation under Margaret Thatcher that protected Scotland initially at 73 seats and then they were reduced to 59 under devolution. Therefore, for those who look a bit perplexed about this, it was actually something that was advocated by a Conservative Government.
Having set out our position in the Bill, I will confine my remarks to the amendments for consideration from the other place. I turn to amendments 1 and 2. My party supports the amendments to review the boundaries every 10 years, as opposed to the shorter timeframe of eight years, mainly due to the increased certainty that it gives to constituents and representatives alike. Moving from eight to 10 years does not strike me as being an unreasonable compromise and I am therefore content to offer my party’s support for the amendment being made permanent to the Bill.
On amendment 6, I also support the change to have an independent appointment process. Earlier in my remarks, I made reference to authenticity and the Government’s argument that MPs should not have a role in approving the commissioner’s recommendations. If we follow the logic of the argument about removing perceived self-interest, then the same is surely true for Ministers—in this case, the Lord Chancellor appointing boundary commissioners. Amendment 6 would see the power to appoint commissioners transferred from a politician to the Lord Chief Justice. That would, in effect, stop future Tory Ministers from appointing their chums to the Boundary Commission. By keeping clause 2(2) in the Bill but voting against Lords amendment 6, the Government would, in effect, be having their cake and eating it, and be charged with rank hypocrisy. I know the Leader of the House is a good man, and I am sure he would not want to be portrayed as a hypocrite by voting for such a fundamentally contradictory proposition.
Andrew Bowie
I thank my hon. Friend—and he is a friend. Does he not agree that what we are trying to achieve is ensuring that each vote in this country is, as far as possible, equal to the next one? The more that we increase the tolerance, the less equal everybody’s vote becomes, and so we move further and further away from what we are trying to achieve by going through this process in the first place.
David Linden
What I am trying to make sure is that I and my hon. Friend are made unemployed fairly soon—but that is a separate matter. The point is that it was previously enshrined in legislation that Scotland would have 73 seats and then it would rightly be reduced to 59 in the light of devolution. Government Members cannot have their cake and eat it; in one respect they are enshrining in legislation a certain number of seats, but locking that down in legislation means that there will be a degree of difference. However, I have a huge amount of respect for my hon. Friend, and he has put his point on the record.
I return to the point made by Mr Bellringer in the evidence session that there is a need to move towards a tolerance rate of, say, 7.5%. That is why I urge the Government to increase it to give commissioners the wider discretion that they asked for when they gave us that evidence. I know that the Government are not particularly fond of listening to experts these days, but I am very hopeful that this afternoon they could just make a wee exception for the Boundary Commission for England.
Finally, I want to make reference to Lords amendment 8. Before doing so, I offer my sincere condolences, on behalf of my party, to the family of Lord Shutt, who, as we have heard, passed away only in the past couple of weeks, but was responsible for securing this amendment in the other place. By using the electoral registers as the data source to draw parliamentary constituencies, the Bill also seeks to disadvantage young people, as the data is less likely to include the names of young people than it is older people, since young people are often not registered to vote. Registration rates for eligible 16 and 17-year-olds were estimated to be 25% in 2018—a drop from 45% in 2015. In contrast, 94% of those aged 65-plus were estimated to be registered. The SNP therefore supports this amendment, which requires the Government to bring forward proposals to improve the completeness of the electoral register in relation to attainers. Only then can we ensure that we are not disadvantaging young people in the electoral process.
The Leader of the House has spent the majority of his time in this House on the Back Benches advocating Brexit and talking about Parliament taking back control from an all-powerful Executive—something this Bill makes worse. I therefore want to finish by paraphrasing something a wise man once said in this House many years ago about standing up for democracy:
“’Stiffen your sinews, summon up the blood and imitate the action of a tiger, for that is how you should behave towards our European partners, not like Bagpuss.’” —[Official Report, 24 October 2011; Vol. 534, c. 109.]
Alec Shelbrooke
I would like to start by commenting on Lords amendment 7 and the flexibility. We keep hearing this mathematical argument, but we seem to be getting away from the overarching principle. Already this afternoon, we have heard that it is difficult to keep local communities together unless we move to a tolerance of 7.5%, which strikes me as odd when it would mean going from a difference of roughly 7,500 voters to one of 11,000. Many electoral wards in this country have fewer than 7,500 voters, so are we now making the argument that wards themselves split communities and that they are wrong as well? There is a fundamental principle: if we went to 7.5%, one vote could be worth one 67,000th and another could be worth one 77,000th. That is quite a significant difference.
I listened carefully to the hon. Member for Glasgow East (David Linden). I very much enjoyed working with him in Committee and having the debates that we had, and I have a huge amount of respect for him. He made a very important point about equal representation. He said that by losing seats, Scotland will not have equal representation. I would argue that the exact opposite is true: it is equal representation—and of course there are two protected seats in Scotland; recognition has been made of the geographical reasons why the Outer Hebrides and Orkney and Shetland are separate. It is not fair to say that Scotland is getting less representation and that it needs to be equally represented, because there will be equal United Kingdom representation. That is what this is about: the United Kingdom’s Government.
The hon. Gentleman and I are never going to agree on his nationalistic views and my Union views—that is why I sit on the Conservative Benches and he sits on the SNP Benches—but we just seem to be plucking figures out of the air for the 7.5% and the 5%. Again, I listened carefully to the hon. Member for Lancaster and Fleetwood (Cat Smith) and I have a huge deal of respect for her. She made an argument about the 600 seats and how that changed the number of voters when dealing with the 5%. However, away from the numbers, the fundamental principle must be to get as close as possible.
I made the point in intervening on my right hon. Friend the Leader of the House about trying to get as close to the quota as possible. It should be possible to do that if the Boundary Commission for England, especially, takes the approach that the Boundary Commission for Scotland takes and decides that it does not have to draw some very strange shapes and lines using ward boundaries, but that it can work with smaller electoral segments.
We heard the argument in Committee that polling districts can be changed by local authorities and can lose that representation—that they could be gerrymandered —but of course there will come a point when the Electoral Commission looks at where they are today. It has already said that it will go on where they are today; it is using the March 2020 register and those units as they exist today. If, in eight years’ time, there have been changes to those polling districts, for whatever reason, that can be taken into account at that time, and the Electoral Commission is an independent body.
I will happily support the Government in disagreeing with Lords amendment 7. Fundamentally, we cannot lose sight of the fact that we are trying to give equality of vote. In my mind, the tolerance is there not to try to draw the most convenient shape using wards, but purely to allow the flexibility for which a need will inevitably build up over the eight years, as my right hon. Friend the Leader of the House said, with new housing developments and so on. My right hon. Friend the Member for Basingstoke (Mrs Miller) has made the point many times that development, especially in certain parts of the country, is huge, and it leads to such housing developments. That is what the tolerance should be about; it should not be about trying to draw the shapes to have one just creeping in at the bottom end and one just meeting the higher end. The flexibility should allow a 5% tolerance of the share of that vote over the eight years; it should not get there straight away. If a constituency is made at the higher end, within eight years, it will almost certainly be above that number and we will be back in the same situation.
My constituency of Elmet and Rothwell has 79,316 electors. The neighbouring constituency of Leeds East has 65,693. The neighbouring constituency to that of Leeds Central has 82,211. It simply cannot be right to have such variation within less than 10 miles as the crow flies.
My hon. Friend the Member for Pudsey (Stuart Andrew) is in his place and cannot speak in the debate. [Interruption.] I can still smell and taste; it’s all right. He and I have represented Leeds electors since the early 2000s. We have seen great differences in the city and how it is set up. His constituency is on the higher side of the number of electors in Leeds. My voters are getting almost one 80,000th of a vote, whereas in the neighbouring seat they are getting one 65,000th of a vote. It is right to reject Lords amendment 7 simply because we should see it not as a way to fill the gap and make constituencies work, but purely as a way to give people a vote that will change plus or minus 5% over the eight-year period to try to keep things roughly similar.
Lords amendment 1 is about moving from eight to 10 years. The reality is that that means we would probably go through three general elections on those boundaries. We have heard a lot in these debates about how big the boundary changes are probably going to be when they come through, but that is because nothing has happened for a quarter of a century. The changes will be of that size; they will be disruptive.
It is better to go in a cycle of two general elections so that, hopefully, from this point on, with the Government amendments to try to make the whole system more robust and far less open to political shenanigans in the House, we will not see such major changes in future. It is better that the system can be, for want of a better word, tinkered with to make sure that we get back to roughly within those tolerances. We all accept that there will be demographic change and housing change. Big things are happening, including the ambition to build so many houses, which will cause change.
What seems like a small amendment would have a huge impact. Very large changes would have to be made simply by adding those two years and getting into a three-general-election cycle.
Lords amendment 8 is about registrations. It is a fundamental right of people in this country to choose whether they want to register for a vote or not.
John Spellar
It is absolutely, certainly not. It is actually a criminal offence not to return a registration form.
Alec Shelbrooke
The reality is that people who do not want to register to vote can do that. They have to register for council tax and those processes.
John Spellar
That is absolutely wrong. It is an offence not to return the electoral registration form. The fact that councils do not enforce that and do not think it is worth it may be another matter, but it is a prosecutable offence not to return a registration form.
Alec Shelbrooke
Well, the right hon. Gentleman has made a point there that I stand to be corrected on.
I also stand to be corrected on this point. I do not want to mislead the House; these figures can be checked. For the European referendum, in my constituency, 1,500 extra people went on the register and have now come off. They chose to register to take part in that ballot, which meant a lot to them, but they do not want to take part in other ballots. They worked out how to register; they registered; they legally took part in the ballot; they have not registered going forward. It has to be right that people have that choice. As my right hon. Friend the Leader of the House said, the amendments would lead to a far greater complication of the system, and centralised data, which has not exactly worked well in other areas—including, quite frankly, some of the things that people are trying to achieve at the moment in this crisis. We have seen some of the problems and weaknesses that can occur.
John Spellar
I join others in paying tribute to and sending condolences to the Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith). There is, however, one upside to her absence, which is that, with the Leader of the House, we have the Conservative Trumpist philosophy, red in tooth and claw, absolutely out there in the open. We had it again just now on ghost voters on the register. At the same time, the Government reject any attempt to make a more rational, accurate and comprehensive registration process. We have seen that all the way through, with attempts on voter suppression and attempts to make things more difficult at the polling station, in spite of the complete lack of evidence—in the same way that Donald Trump has been trying to discredit the American election, claiming that there are fraudulent voters, particularly in postal voting. It is the same old song. For those on the Government Benches, here is a breaking news story: Donald Trump has lost the election.
Alec Shelbrooke
I do not think anybody on these Benches will disagree that Donald Trump has lost the election.
The Organisation for Security and Co-operation in Europe, which many of us have taken part in, produced its report. It is not fair of the right hon. Gentleman to cast aspersions on the Government about suppressing voter registration. The changes that were made to the postal voting system in this country were made as a direct result of OSCE reports on previous elections. I have a huge amount of respect for the right hon. Gentleman —I consider him a friend—and I know he would not wish to cast such an aspersion. I hope he will reflect on that.
John Spellar
It may not be fair, but it is perfectly accurate. The reality is that in neither country has there been a shred of evidence of fraud in postal voting or personation at the ballot box.
Tom Randall (Gedling) (Con)
It was not so long ago that Richard Mawrey, QC, the electoral commissioner, in a case in Birmingham—Birmingham in the west midlands, not Alabama—said that he had heard evidence of electoral fraud
“that would disgrace a banana republic”.
Furthermore, I suggest that Donald Trump was not on the ballot paper in Slough, where convictions for electoral fraud were made, and Donald Trump was not on the ballot paper in the London borough of Tower Hamlets, where a further conviction on electoral fraud was made.
John Spellar
I think the hon. Gentleman will find that in Slough it was Conservative party members who were convicted, but we can always check that. There has been very, very little evidence of fraud from either postal votes or votes in person. We repeatedly challenged Ministers to come up with the data. When the Electoral Commission reports on election after election, when tens of millions of people are voting, we end up with one or two cases each year.
Stephen Doughty
I think my right hon. Friend will find that the evidence shows there have been only nine cases of postal vote fraud since 1998—one every two years.
John Spellar
Exactly right.
Moving on to constituency size, the right hon. Member for Elmet and Rothwell (Alec Shelbrooke) rightly points out the disparities between seats in the Leeds area. Basically, the fundamental reason for that was David Cameron’s proposals to try to get electoral advantage out of reducing the number of seats and making a very tight margin of difference. To be quite clear, the reason they were not carried was that they impacted on many Conservative Members of Parliament as well. Many of the newer Members here probably think, “It don’t apply to me, it’ll be all right” but it is the butterfly effect mentioned by the hon. Member for North East Fife (Wendy Chamberlain). When we have such tight margins, and if we are not going to be disrupting wards as the building blocks, then we will find that there will be gratuitous disruption.
Everyone understands that movement of population results in some disruption to constituencies and Members of Parliament. That happened in 1997 when I had my seat carved three ways, with part of it going to the then Speaker, Madam Boothroyd—it was not a good option to try to run there—so I fully understand how disruptive that can be. The reason why the proposals did not go through, and why we have had such a long delay, is precisely because, stubbornly, two Prime Ministers insisted on trying to go ahead. It was not just Members on the Opposition Benches who were opposed to it, but many Government Members who can understand when population change sometimes leads to disruption, but really do not understand it when it gratuitously causes great disruption to communities, Members of Parliament and their electorates.
The other thing about the proposals and very tight margins is that we very often lose a sense of identity and place. Even within urban areas, there is very often a great sense of identity in parts of a city. They are not all homogeneous. Herbert Morrison described London as a collection of villages. There is a great sense of identity. Again, everyone understands that there will be some difficulties at the margins, but to impose arbitrary lines on far more constituencies than necessary to achieve equalisation is resented, and rightly so.
I come to the argument made by the right hon. Member for Basingstoke (Mrs Miller) comparing Basingstoke and Wales. The Boundary Commission, when it gets the national registration figures, divides them up to create a quota. It then allocates the number of seats to a region based on that quota. The changes to the situation in Wales have nothing whatever to do with Basingstoke or what happens in the Rhondda, whether it is 5% or 10%, because the number of seats in Wales—that region’s share—will be fixed by the national quota. Incidentally, I would gently point out that in the previous Parliament the Conservatives opposed our attempts to have Ynys Môn as a separate constituency when our good friend Albert Owen was the Member of Parliament. Albert retired and the Conservatives unfortunately won the seat. Lo and behold! Suddenly, their interest in the concerns of Ynys Môn rocketed up. I am sure Conservative Members can explain why that change took place.
Finally, I find strange, and to a degree reprehensible, this opposition to trying to get the most complete register. We know that, not just in the UK but around the world, those who are under-represented on the register are those such as teenagers and people in their early 20s. We know that those who live in private rented accommodation are under-registered, and that many of those in our BME communities and in our inner cities are under-represented on the register. We urge councils to spend large sums of money to try to track those people down and get them to register. Why not take a course of action that is straightforward, cost-effective and cheap to ensure that they are registered? Please do not wrap this up in some great constitutional issue about the divine right to register. Whether people choose to vote is another matter, but on registration this is about naked party political advantage. It is the same in the US, and it is the same here. It is time for this Trumpery to end.
Tom Randall
May I add my good wishes to my hon. Friend the Member for Norwich North (Chloe Smith)?
In life, theory and practice can often be two separate things, and in my relatively short time in Parliament I have found that to be the case. In theory, all Members of Parliament are equal and have the same basic duties, and while I accept that some Members of the House are perhaps more equal than others, it is a reasonable assumption that we ought to have some of the same basic responsibilities, including the number of constituents we represent. I appreciate that there will be certain geographical challenges to that, such as with island constituencies, but I believe that general principle should hold firm. I suggest that the existing system does not do that. To give an extreme example, Milton Keynes South has 97,000 electors, compared with Newcastle upon Tyne Central’s 54,000.
As originally drafted, the Bill would ensure a broad equality, subject to some tolerance, in the number of electors in each constituency, so that they are more or less of equal weight. Equality and fairness ought to be an overriding principle on a matter such as this.
David Linden
I agree that we need equality. On that basis, and given that all Members should be equal in this House, the hon. Gentleman will be aware that the system of English votes for English laws is currently suspended. Will he call on the Government to ensure that that system does not come back, so that his hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie) can cast his vote in exact same way as him in a Division?
Tom Randall
I had not realised that EVEL had been cancelled for the moment, but I look forward to its reinstatement shortly.
Lords amendment 7 would increase the tolerance from the proposed plus or minus 5%. I appreciate that that may have been guided by a desire to help maintain a sense of place and distinct locality when drawing constituency boundaries, but I submit that the Government’s proposals are enough to draw fair and equal constituency boundaries. Secondly, equality and fairness ought to be an overriding principle, but as with any review, there will be scope for communities to have their say, and for local ties and considerations to be taken into account as part of that process. I note that the tolerance proposed by the Government is in line with international guidance from the Venice Commission and the OSCE.
Lords amendment 8 proposes two ways in which the completeness of the electoral register might be improved, and it is important that as many people who are entitled to vote register to do so.
John Spellar
The hon. Gentleman referred to the Venice Commission and the OSCE, and that came up during our deliberations. They said:
“The maximum admissible departure from the distribution criterion…should seldom exceed 10% and never 15%”.
That is the departure, which implies 10% either way. We are not even asking for that.
Tom Randall
I believe that the guidance sets a maximum, and I think we are within that guidance. I am not sure that the conclusions the hon. Gentleman has drawn on that are entirely correct.
Mr Rees-Mogg
Just to confirm that the Venice Commission’s “Code of good practice in electoral matters” states that the permissible departure from the norm should not be more than 10%, and I think that is a very good point.
Tom Randall
I am grateful to my right hon. Friend for confirming my recollection. Lords amendment 8 proposes ways in which the completeness of the electoral register might be improved. It is important that one registers to vote and does so. That should be encouraged; it is one’s civic duty. However, underpinning any civic duty is the notion that one takes some steps to actually engage with the process. Registering to vote is now very straightforward: one can, as we have heard, log on to one’s council’s website and do it in a matter of minutes. While it is good that registration should be easy, it should require some degree of citizen participation, which amendment 8 would remove. The amendment also fails to recognise the introduction of individual voter registration.
Stephen Doughty
I stand to speak to the amendments and to a number of the points raised in relation to them. It is vital that we have this debate, not least in the light of the events of the past few days in the United States and elsewhere but also because the security and sanctity of our democracy and ensuring that it thrives is important not only for our own country, but is vital for the example that we set a globally. When democracy, human rights and the rule of law are under threat around the world, as we have tragically seen in a number of instances in Africa and elsewhere in recent weeks, it is all the more important that we are seen to be leading the way with a strong democracy and strong representation for people.
Indeed, that view is shared by President-elect Biden, who has been clear about the need for a coming together of global democracies to defend democracy and democratic systems and the rule of law around the world. He called for a global summit for democracy, and he rightly said in his speech in Copenhagen in 2018 that “Democracy demands diligence”. That is why it is all the more important that we are scrutinising the Government on these measures.
The comments from the Foreign Secretary the other day were deeply disappointing when he refused to agree with the importance of counting all the votes. It was extraordinary that he had to be asked that question multiple times by Sophy Ridge at the weekend. That was an extraordinary example to set. It was particularly disappointing to hear the comments today from the Leader of the House and the right hon. Member for Elmet and Rothwell (Alec Shelbrooke) about fraud and so-called ghost votes. As hon. Members, including my right hon. Friend the Member for Warley (John Spellar), have said, that is Trumpian language and it has no place in our democracy. It is also not borne out by the clear facts and the evidence in the Electoral Commission’s report of 30 September this year, which stated:
“The UK has low levels of proven electoral fraud.”
It reported that in all the elections that took place in 2019, including many local elections and, of course, the general election, there were just three instances of proven electoral fraud and just one caution out of all of those. The report went on to state:
“There remains no evidence of large-scale electoral fraud in 2019.”
I would therefore caution the Leader of the House, the right hon. Member for Elmet and Rothwell and others who seek to use those words to stir up the idea that there is fraud or ghost voting, that this is deeply concerning and does not reflect the facts on the ground. It is very much the type of language and the sort of nonsense we hear from Nigel Farage, Donald Trump and others, and I am afraid that their time is coming to an end.
I want to turn to some of the specific points in the Lords amendments. First, on the question about the commissioners, it is crucial that the independence and integrity of the process is respected by individual citizens across the country, and that we do not have the Lord Chancellor appointing the commissioners. We have already seen that the Lord Chancellor was willing to put his principles to one side when it came to the rule of law over the United Kingdom Internal Market Bill, and I therefore do not have much confidence in him or other members of the Executive having oversight of that process, particularly when the other parliamentary safeguards are being removed from the process. It is crucial that we have boundary commissioners who are independent and who maintain the confidence not only of the public but of all those who stand for elected office, whatever their political party and whatever legislature, including this House, they are standing for.
Secondly, I want to refer to the questions about electoral registration. I have to say that we again heard some erroneous information from the right hon. Member for Elmet and Rothwell on this. I heard what my right hon. Friend the Member for Warley (John Spellar) said earlier. I like the right hon. Member for Elmet and Rothwell, but he was simply wrong. He asked to be corrected, and I will correct him: there have been fines for the non-return of electoral canvass forms since the Representation of the People Act 1918. Whether or not those fines are enforced is another matter, but the law is very clear. I have just had my electoral registration canvass form come through. The Welsh Government and our councils are doing their job before the crucial Senedd elections in May, and a big caution is set out clearly on the front saying that we must return the form and not ignore it. It is also made clear that we must not provide false information, and that there will be penalties for those who do so. We ought to be taking steps to strengthen and enhance our electoral registration systems in whatever way is possible.
Andrew Bowie
The hon. Gentleman is absolutely right to say that not returning a form that has been sent to someone is an offence that they can be fined for. However, it is not an offence not to voluntarily register to be on the electoral register, which is exactly the point that my right hon. Friend the Member for Elmet and Rothwell was making earlier.
Stephen Doughty
But surely the whole point is that we should be encouraging people to take part in the democratic system, particularly our younger people. I have mentioned 16 and 17-year-olds in Wales, and I welcome the fact that the Senedd has passed our Senedd and Elections (Wales) Act 2020, which makes amendments to the Representation of the People (England and Wales) Regulations 2001 to bring in that right. It is right that young people should have a voice in our democracy. I have supported amendments on that in relation to this place on many occasions.
John Spellar
I would just point out to my hon. Friend that when a council is not sure who is living at a particular address, or if it knows that someone has moved, it will send the form to “the occupier”, which will still have the same legal effect. Assuming that councils are doing their job and sending forms to all residences, that covers the point.
Stephen Doughty
Absolutely. My right hon. Friend has made strong points on that issue. I suggest that people look at the excellent House of Commons Library briefing on this issue that sets out all the information clearly.
David Linden
Just to clarify, the Conservatives are saying that it is okay to break that law in a very “specific and limited” way.
Stephen Doughty
I am not going to put assertions in the mouth of the right hon. Member for Elmet and Rothwell—that would not be right for me to do—but the hon. Member for Glasgow East (David Linden) has made his point.
Let me turn briefly to Wales, which will lose out in terms of the number of constituencies. We all support the principle of bringing greater equality among constituencies, but the point about Wales is really important. I think the Leader of the House misinterprets the guidance from the Venice Commission of the Council of Europe. I have read it and it is clear that departure from the specified point should seldom be 10% and definitely should not be over 15%. We are talking about 7.5%.
Evidence has been heard not only in respect of this Bill—I looked at that—but in previous Committee hearings in the House. For example, in 2014-15 the Political and Constitutional Reform Committee was clear on this issue, as was the evidence from the Boundary Commission for England itself about the difficulties for the boundary commissioners. I put on the record my thanks to all the staff who are involved in what is a very difficult process. They do an excellent job that is not easy—it is extremely complex and complicated—and I praise them for the work that they do.
There are specific issues in relation to Wales and geography, as indeed there are in certain other parts of the UK. It is absolutely right that distinct geographical exemptions are made for Ynys Môn, the Isle of Wight and Na h-Eileanan an Iar—I do not know whether I have pronounced that correctly; my Welsh pronunciation is a lot better than my Gaelic—because of water boundaries and islands, but distinctions also need to be made in relation to, for example, valley boundaries and mountains, which really do split constituencies.
We can end up with some very odd circumstances. We are not saying that the tolerances should be used as a matter course, just that the allowance should be there when it is a common-sense decision for the benefit and integrity of communities. I think of the circumstance in my own constituency in respect of the boundary review that was not put into place: the Cardiff bay barrage was split between three constituencies, thereby splitting apart the docks communities of Cardiff bay that sit together. A person would literally have passed through three communities as they walked along the barrage, which is only about 1 km long. It was absurd. We have to allow the boundary commissioners to take such things into account.
I have made the points that I wanted to make on the Lords amendments, so let me return to what President-elect Biden said:
“Democracy is the root of our society, the wellspring of our power, and the source of our renewal. It strengthens and amplifies our leadership to keep us safe in the world. It is the engine of our ingenuity that drives our economic prosperity.”
Those are words that I completely endorse and that we should have in our minds as we consider these important matters relating to our democracy. I support the position that we are taking on the Lords amendments.
Chris Clarkson (Heywood and Middleton) (Con)
I add my well-wishes to the Minister for the Constitution and Devolution, my hon. Friend the Member for Norwich North (Chloe Smith). She was an integral part of the process in the Bill Committee and will be sadly missed during this process, but we look forward to seeing her again soon.
At the beginning of October, the NHS Track and Trace app told me that I had to self-isolate for 12 days. It was inconvenient, yes, but it did mean that on 8 October I was at home, glued to BBC Parliament as their lordships considered the Bill on Report in the other place, my psephological exuberance undiminished—possibly even enhanced—by my isolation.
I shall speak to their lordships’ amendments in turn. Some are predictably partisan and an attempt to achieve what their colleagues were unable to do in this place; others are genuine attempts to improve the workings of the Bill, although I do not believe that they would all actually manage that goal.
As we have heard, Lords amendments 1 and 2 seek to change the proposed cycle of reviews to once every 10 years rather than once every eight. The rationale offered by Lord Foulkes of Cumnock was that this is to enable MPs to
“get to know their constituency”.—[Official Report, House of Lords, 8 October 2020; Vol. 806, c. 714.]
Quite what Lord Foulkes thinks we have been doing in the interim is a mystery to me. I humbly suggest that if a Member has not managed to establish themselves in a constituency after eight years, an extra 24 months will not make much difference. I chuckled when Lord Rennard began his oration in support of that amendment by saying:
“I would like you to imagine the position of a newly elected MP in a general election in 2025.”—[Official Report, House of Lords, 8 October 2020; Vol. 806, c. 714.]
Of course, the noble gentleman would have to imagine, wouldn’t he? He set out a scenario whereby a newly elected MP would have won their seat on one set of boundaries, and just four years later, they would be engaged in a two-year process to reset those boundaries, which would define the seat they contested next time. Lord Rennard made an impassioned entreaty on behalf of these poor, doe-eyed freshman MPs: how would they cope? Well, I am just 11 months into the job and engaging in that very process right now. I can assure our noble friends that my colleagues and I are quite capable of keeping pace without their assistance.
David Linden
Does the hon. Gentleman therefore regret that the amendment that I tabled in Committee to that very effect was not supported by his own Government?
Chris Clarkson
I will stand to be corrected by the hon. Gentleman, but was that not a probing amendment, which he withdrew?
David Linden
The hon. Gentleman is right, but the Minister said that it was not something that the Government were willing to entertain. The fundamental point is that the Conservative Government do not support that principle.
Chris Clarkson
The hon. Gentleman can find out my views over a glass of wine once the Smoking Room reopens.
I am afraid that the argument that a wider variance will minimise disruption is entirely specious. We know that regions will differ in the number of seats necessitating significant change across the piece, and I demonstrated in Committee that even if there had been a 15% variance—the maximum allowed under the Venice Commission—my right hon. Friend the Member for Basingstoke (Mrs Miller) and I would still have been representing seats outwith the permitted tolerance. Such is the outdated nature of the current constituencies that I was not eligible to vote when the boundaries of my seat were last approved.
That brings me neatly to Lords amendment 8. There is a marvellous American expression: “Decisions are made by the people who show up.” However well-intentioned this amendment might be, I fear that it misses the point. We would all like to see greater participation in our democracy, but the right way to do that is not simply to add everyone’s name to the register. Individual electoral registration was brought in to combat electoral fraud, and I fully support that. I appreciate Opposition Members say that there have only been nine instances of fraud, but that is nine too many.
Chris Clarkson
Quite right. Someone’s choice to exercise their franchise should be a positive affirmation and a conscious choice. If we want more people to vote, we should be increasing awareness and improving education. Simply adding names to a register will not increase participation and could lead to a form of stealth malapportionment, whereby certain constituencies would appear on paper to have an on-quota electorate, only for the number of people actively voting to be akin to a rotten borough.
Extrapolating, estimating or automatically registering people is not an answer. We know from countries such as Canada—which, by any measure, we must consider a mature democracy and one with which we would like to be compared—that automatic registration has not been effective and there are high levels of dissatisfaction with the accuracy of preliminary lists.
I have no doubt that their lordships have sent us back a Bill that they consider to be improved. Some of them will be drawing on their own experiences as Members of this place, and I must thank them for their time and consideration, while politely disagreeing with all but new clause 2. The Bill will enable a much-needed review of constituencies, some of which are 20 years out of date, and it will do so in a fair and robust way. The next general election should take place on the basis of boundaries that lend equal weight to every voter, and we have the means before us to enable that now.
Andrew Bowie
It is a privilege to follow my hon. Friend the Member for Heywood and Middleton (Chris Clarkson) and his passionate defence of the Government position and opposition to the majority of the Lords amendments. It is also a pleasure to join so many of my colleagues in sending best wishes to one of the most liked Members of the House, my hon. Friend the Member for Norwich North (Chloe Smith). We send her our best wishes for a speedy recovery and we cannot wait to see her back at the Dispatch Box. I will not start to compare the performances of Ministers in Her Majesty’s Government, but I am sure that the Leader of the House would agree that she would have given a stellar performance at the Dispatch Box today to which he could only aspire.
What we are trying to do today is based on two fundamental principles, those of fairness and equality. This Government and the Conservative party believe that every vote in this one nation, this United Kingdom, should, as far as is possible, count as much as the next. It is essential if we are to stand here with any semblance of respectability in the eyes of the public that they know that we are here with as much right as the next Member of Parliament, representing, as closely as is possible, the same number of electors as the next person in here. That is the aim of the Bill and it is why we are driving towards a new boundary review.
In Scotland’s case, such a review is nearly 20 years overdue. My beautiful West Aberdeenshire and Kincardine constituency came about as a result of the 2004 boundary review Scotland process. My constituency’s population has increased from 81,000 in 2004 to 97,000 today, with the electorate increasing from about 61,500 to 72,000. Although that places it slap bang in the middle of the range the Bill proposes, it shows the difference between where we are now and where we were 20 years ago and how out of date the current boundary proposals are. The situation in my constituency is nowhere near that of Linlithgow and East Falkirk, which now has 86,000 electors, whereas Glasgow East has about 54,000. [Interruption.] Sorry, I meant Glasgow North, and I apologise deeply to the hon. Member for Glasgow East (David Linden). We can therefore see that this Bill is much-needed.
As I say, the Bill is about equality and fairness. On Lords amendment 7, although the difference between 95% and 97% might not seem much on the face of it, it poses a huge difference in the size of constituencies. We are talking about a 15% tolerance; it would not be just 7.5%, but 7.5% either way, and so the difference would be 15%. That could allow some constituencies to have up to 78,000 electors, which is slightly above where mine is, and others to have as few as 67,000. Surely, any Member of this House would see that as unpalatable and unfair, and something we should combat.
I am going to move on quickly to Lords amendment 8, as I know we have a lot of speakers and we need to get through this. Everybody in this House who is involved in the democratic process, at whatever level, wants to see higher turnouts in elections and more engagement in the political process, but it is also a right of any citizen in this country to choose not to take part in the political process. Although the right hon. Member for Warley (John Spellar) might have been right to say that it is an offence for someone not to return an electoral registration form if they have been sent one, it is not an offence not to volunteer to go on to the electoral register. It is up to us all to encourage people across this country to get involved, to register, to vote or to join a political party, but it is surely not incumbent on this Government or any Government—in fact, I think that it would be a rather dangerous path to go down—to insist that every single citizen in this country is automatically put on the electoral roll. I think that would be dangerous and damaging, and as I have said, it is a fundamental principle that people get to choose whether or not they engage.
I will finish where I began. This is about fairness and about equality. This Government are determined to make sure that every voter in this country counts for the same as the next one, and that is why I oppose the Lords amendments, with the exception of Lords amendment 2. I support the Government’s position in trying to get this Bill through as quickly as possible. It is a simple and necessary Bill, and one that is very much overdue.
Wendy Chamberlain
May I start by re-echoing the comments of Members from across the House in wishing the Minister for the Constitution and Devolution well at this difficult time? I hope her treatment progresses well.
I would like to speak in favour of all eight Lords amendments. The Bill has been much improved since it left the House back in July, and I am pleased the Government have supported Lords amendments 3 to 5, but I am particularly keen, in the time I have, to touch on Lords amendments 7 and 8.
On the flexibility quota, all the evidence suggests that a 5% quota will lead to huge upheaval. Just one in five constituencies will remain the same and about two thirds risk being changed completely. That presents a huge change to our parliamentary map, as we head into 2024, which we all know is just over three years away. An end to the pandemic might be in sight, given yesterday’s good news, but the economic damage will still be being felt in two years’ time, so I ask whether it is responsible to unleash a wave of reselection battles between Members of Parliament—although likely to be on the Government side of the House—once the new boundaries have been unveiled and many MPs find that their constituency has been significantly changed. The 2013 boundary review caused such disquiet that it was rejected by this House for exactly that reason, and the report from 2018 was not even laid before the House because there was no chance it would have been passed.
On the automaticity conditions in the Bill, Members must realise that this is really the last chance to scrutinise the Bill as it stands. Once the touch paper is lit, that is the end of our role in this process.
Today, on Report and on Second Reading, I think proponents of both the 7.5% and 5% flexibility conditions have been mischaracterised. Some Members are talking as though 5% is the ideal of electoral equality, while 7.5% is at exactly the other end of the scale, but the truth is that they are variations on a theme: 5% will not mean complete equality between voters, and 7.5% will not mean that voters in one constituency have far more of a say than those in another.
On Second Reading, the right hon. Member for Basingstoke (Mrs Miller), who is no longer in her place, pointed out that her constituency has 83,000 electors, while mine has 61,000. There is significant variability in my own constituency related to the University of Saint Andrews and the registration of students at their term-time addresses, but it is right that inequity should be addressed, and there are many more examples across the country of similar cases.
It is important to remember that whether we adopt 5% or 7.5%, the constituencies I have mentioned, including my own, become more equal, but there will still be variation under either quota, and we account for that variation because we accept that strict numerical equality is not the only basis on which to draw up constituencies. We recognise that other factors are important and should be taken into consideration, such as language, geography, cultural ties, and these are all on the statute book. For a small handful of constituencies, we judge these factors to be so important that we have decided that numerical equality should not apply to them at all.
One of the arguments regularly put forward in relation to first past the post is the politics of place. Strict numerical equality arguably makes that much harder to achieve. I would argue—I know you are conscious of time, Madam Deputy Speaker—that if we want to achieve politics of place and equality of voters, we should look for a more representative voting system in the first place. I find it strange that the Government are insisting that, for the rest of the country, we should impose numerical equality so strict that it will be difficult for the Boundary Commission properly to take these factors of geography and cultural ties into account. That is not just the view of Opposition Members. I note that the 7.5% condition is included in the Private Member’s Bill of the hon. Member for Wellingborough (Sir Peter Bone), no doubt because he recognises the disruption that 5% will cause to such a high proportion of existing boundaries.
We must ask how important those ties are compared with the goal of numerical equality. Not only will 7.5% prevent excessive disruption, but it will allow the boundary commissioners better to account for those other factors. Given the arguably small difference, which is within the norms mentioned by the Leader of the House, that seems like a reasonable compromise.
Secondly, I wish to discuss Lords amendment 8, a cross-party amendment tabled by Lord Shutt of Greetland, which received significant support in the other place. As hon. Members have mentioned and are aware, the Liberal Democrat peer Lord Shutt sadly passed away at the end of October, just a few weeks after steering this amendment through the House of Lords. David was a no-nonsense politician and a proud Yorkshireman and was passionate about democracy and electoral reform—displayed through his excellent chairmanship of the committee that considered the Electoral Registration and Administration Act 2013. Its report originally recommended this amendment. It is fitting that, as a Liberal Democrat, his last political act was championing the representation of young people. His friends and family, including many people across the Houses and parties, will miss him dearly.
Mr Richard Holden (North West Durham) (Con)
Like many hon. Members I send my best wishes to my right hon. Friend the Member for Norwich North (Chloe Smith). She has been a friend for many years and I know that the thoughts of the whole House are with her and wishing for her swift recovery.
My right hon. Friend the Member for Basingstoke (Mrs Miller) and my hon Friends the Members for Gedling (Tom Randall), Elmet and Rothwell (Alec Shelbrooke), Heywood and Middleton (Chris Clarkson), and West Aberdeenshire and Kincardine (Andrew Bowie) have all made excellent points, echoing many of the points that I wish to make. On Lords amendment 1, I agree with my hon. Friend the Member for Heywood and Middleton. I cannot understand, when we are seeing huge population growth and massive development in some constituencies, why one would want to have 10 years rather than eight. When I stood for the council in Tower Hamlets in 2008, I remember looking at the huge differences in population growth in east London that had occurred as a result of massive regeneration. That threw out not only council wards but some parliamentary constituencies by tens of thousands.
Most of my comments today relate to Lords amendment 7—or, for reasons that will become self-evident, what I call the Borat amendment. As the Venice Commission outlines in its core principle, the equality of voting power is a crucial standard of the concept of electoral integrity. That is important. There has been much talk about tolerance today, but it is a tolerance around a mean. Seven and a half per cent on either side makes a difference of 15% and that is a significant change from 10%. Page 21 of the Venice Commission’s 2017 report highlights two nations. One is Malta, whose constitution allows no more than 5% departure on either side of the average in order to take account of geographical vicinity. However, Kazakhstan allows 15% tolerance. Britain is in exactly the right place when it is more aligned to Maltese rules on different constituency sizes than it is to Kazakhstan’s rules.
What we all want is simple: equal representation as far as possible, but taking into account reasonable geographical changes.
Mr Holden
I am speaking only briefly, so I am afraid not. Finally, I am glad that the Government have accepted Lords amendment 3, because we all know what happened in the late 1960s when Harold Wilson delayed and delayed in an attempt to deny democracy and hold Britain back in the 1950s—it did not serve him well. I am glad the Government are moving forwards and I urge all hon. Members to support the Government tonight.
Kate Osborne (Jarrow) (Lab)
I welcome the Government’s decision to agree to Labour’s call to scrap plans to reduce the number of MPs to 600. The pandemic has shown us that strong and constructive scrutiny of the Government has never been more important, and the plans to remove 50 seats would have weakened our democracy to the advantage of the Executive. I stood in this place four or five months ago to stress my concerns about how the original proposals would have impacted heavily on the Jarrow constituency, which would have gained more wards from neighbouring Gateshead and lost the Cleadon and East Boldon ward to the neighbouring constituency of South Shields.
I fully support Lords amendment 7, with my reasoning very different from that of the hon. Member for North West Durham (Mr Holden), who I see is no longer in his place. It would widen the deviation from the quota for constituency electorates from 5% to 7.5%—not 10%. During the Bill’s evidence session, the secretariat of the Boundary Commission for England stated that it makes it
“much harder to have regard to the other factors…such as the importance of not breaking local ties, and having regard to local authority boundaries and features of natural geography. Basically, the smaller you make the tolerance, the fewer options we have…The larger you make it, the more options we have and the more flexibility we have to have regard to the other factors”.––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 7, Q3.]
I am a firm believer that constituency boundaries should mirror the communities they represent. We know that boundaries that cut across several councils and geographical borders, including valleys, mountains and rivers, do not fit local people’s community ties and make it difficult for us to represent our areas effectively.
An increase in the tolerance size is supported by international best practice, which recommends that flexibility should be worked into the system to allow for consideration of geography and community ties. Based on an algorithm prediction by Electoral Calculus—I know it is a prediction—my seat would be redrawn to have a ridiculous divide between parts of Jarrow south of the River Tyne and parts of North Tyneside north of the River Tyne. That would affect not just my constituency but neighbouring constituencies as well. Those predictions aim to satisfy the main legislative constraints of 250 parliamentary seats, with each of those seats having an electorate within 5% of the national average. That is a prime example of what the secretariat of the Boundary Commission for England meant when it stated
“the smaller…the tolerance, the fewer options we have”.
I will also support Lords amendment 8, which, while not giving 16 and 17-year-olds a vote, would take a big step towards improving registration rates among young people, increasing electoral engagement and hopefully ensuring that more young voices are heard. It would also increase the likelihood that young people participate in political life from an early age because they would be registered to vote, regardless of whether they choose to exercise their right to vote, as many Opposition Members have said.
I will also support Lords amendments 1 and 2, which require a boundary commission report every 10 years rather than the eight envisaged in the unamended Bill. Boundary reviews cause uncertainty for councils, councillors, local organisations, MPs and—of course—their constituents and could mean that most MPs would face a review in every second Parliament. Finally, I will also support Lords amendment 6 as it would put measures in place to mitigate the dangerous consequences of ending parliamentary scrutiny and oversight.
Aaron Bell (Newcastle-under-Lyme) (Con)
It is a pleasure to follow the hon. Member for Jarrow (Kate Osborne), and I join Members from all around the House in sending my best wishes to the Minister for the Constitution and Devolution, my hon. Friend the Member for Norwich North (Chloe Smith). She is not only a fantastic Minister, but an exceptionally kind Member of the House, and she has been very kind to lots of new Members in particular.
Tragically, I was not on the Bill Committee, but the Whips have seen me right on the Order Paper tonight, as I will be on the Joint Committee on the Fixed-Term Parliaments Act, in which I look forward to engaging with the hon. Member for Glasgow East (David Linden), the right hon. Member for Warley (John Spellar), who is not in his place, and my right hon. Friend the Member for Basingstoke (Mrs Miller). However, like the Bill Committee, I have spent the last few weeks studying maps with arbitrary boundaries, straight lines cutting through the middle of cities, districts drawn in extraordinary shapes and parts of marginal areas split up by huge lakes. At the end of all that, we do seem to have a clear result, so I warmly congratulate President-elect Joe Biden and Vice-President-elect Kamala Harris on their triumph and achievement, and particularly Kamala Harris’s achievement as the first woman and first woman of colour to succeed to the vice-presidency.
I do not make this point just as a joke, but because the present US experience demonstrates some of the real concerns about legislating in this area and the politicisation of boundaries and electoral arrangements. Politicising these things undermines the independence of the process. It undermines its integrity, transparency and fairness and, as we have regrettably seen in the States, it also tends to undermine the acceptance of the result, which is absolutely fundamental to any democracy.
Here in the UK we have much to be proud of, but we should not be self-satisfied, because the boundaries on which I, my hon. Friend the Member for North West Durham (Mr Holden) and many others were elected were set in 2006 for England, and that was based on data that was even older than that. When I was elected last December, the boundaries were already 13 years out of date. Two subsequent reviews have had to be abandoned. The first was abandoned, very clearly, on political grounds, I regret to say—not that it did the Liberal Democrats much good, but there we go.
I strongly welcome the Bill. I particularly welcome its automaticity and Lords amendments 3, 4 and 5, which strengthen that automaticity. I hope that this will be the last time that I need to debate these matters in the Chamber. Parliament is ultimately sovereign and it needs to lay out a framework for elections for parliamentary constituencies, but once we have a framework, I think that process should proceed by clockwork. There should be no parliamentary vote to stop the process that has been put in place.
I shall briefly speak to a couple of amendments with which I and the Government disagree. Amendments 1 and 2 are about the number of years. I think that eight years is a reasonable cycle length, for the reasons that many of my hon. Friends have given today, and it also means that there should be no need for interim reviews. They are a complication of the process that I do not think we need, but given the population growth that we are seeing, eight years allows us to get reviews on a reasonable cycle length.
So many Members have spoken to amendment 7, on tolerance. I am a tolerant man, but I think that 7,000 votes is more than enough tolerance between the smallest and largest constituencies in the country. An 11,000 difference when we have the opportunity to make it less than that seems over the top to me. I fundamentally believe in equal voting power for all Members in this place, as far as possible.
I will try to be brief—I also disagree with the other Lords amendments but I will not elaborate on the reasons why; they are basically the reasons that the Leader of the House set out in his excellent opening speech. Finally, just to reiterate my points on automaticity, let this Bill be the last time for a very long time that this House needs to legislate on these matters. The hon. Member for North East Fife (Wendy Chamberlain) said that this is our last chance and that once we pass the Bill, it is done. Well, I say: good, that is how it should be. Let the convention be re-established that boundary changes are a process that should not be interfered with by MPs.
David Linden
The hon. Gentleman talks about the House not interfering with the Boundary Commission’s process going forward. Why, then, did the Government not table the Orders in Council that allowed the last Parliament to have a vote on those boundary proposals?
Aaron Bell
I thank the hon. Gentleman for his intervention. There are two points. The one from my right hon. Friend the Member for Basingstoke about the EU referendum was well made, and I regret to say that the Government—I was not a Member at the time—probably felt that there were not the votes in the House to get the proposals through. That is principally the same reason that the previous review was abandoned. I am trying to make the point that we should not rely on votes in the House to get a boundary review through. A boundary review will undoubtedly be bad news for certain Members and good news for others. The hon. Member for Glasgow East (David Linden) might get a lovely SNP ward added to his seat, whereas I might lose a lovely rural ward, but it should not be for me to vote on that with my self-interest at heart. We need to create a fair, independent process, which is what the Bill does. I therefore commend it to the House and urge us to reject the Lords amendments, with the exception of the ones on automaticity.
Matt Western (Warwick and Leamington) (Lab)
It is a pleasure to follow the hon. Member for Newcastle-under-Lyme (Aaron Bell). I send my good wishes to the Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith).
I listened with great interest and, dare I say it, increasing incredulity to the speech by the Leader of the House, particularly his comments on the appointment of the Boundary Commission, given the context of the vote that we are to have tonight on the Committee on Standards, but also events surrounding the Chair of the Intelligence and Security Committee, the appointment of the Chair of the Liaison Committee, the appointment of the chief executive of Track and Trace and the role of Kate Bingham; the list is endless. I appreciate, however, that there is a long-overdue need for us to review the boundaries. The 2011 proposals were made by a coalition Government under the leadership of David Cameron, but I never understood the desire to reduce the number of Members of Parliament from 650 to 600 while increasing the number of unelected Members in the other place to around 800 to 850—I do not quite get that, in terms of the argument around democracy.
Given the time, I want to focus on Lords amendments 7 and 8. Amendment 7 is about the deviation from quota from 5% to 7%. I would stress—as has been done widely around the House, certainly by Members on the Opposition side of the Chamber—the importance of community and identity, and relations between those communities.
Warwick and Leamington is a very good example. When the previous review was undertaken, there were moves to divide the constituency, so that Warwick would become part of a constituency with Stratford, and Leamington would become part of a constituency with Kenilworth. If you knew the geography, you would say that Warwick and Leamington were twinned; they are close relations. There is a symbiosis between those two towns that makes them mutually dependent. That desire to change the boundaries would have driven those closely linked towns apart.
The Council of Europe, through the Venice Commission, said that the standard permissible tolerance should be plus or minus 10%. I believe that is crucial in understanding the communities that we represent, because that is what it is about—the people, and how they have formed communities. The 5% rule creates too small a tolerance to take account of that. Written evidence to the Political and Constitutional Reform Committee’s inquiry noted that the 5% rule caused huge disruption. It noted that the reduction in the number of MPs from 650 to 600 was not a cause of substantial disruption, but it was mostly
“caused by the introduction of the uniform national quota and the 5% tolerance.”
In the study of the 2013 review, the Committee found that the easing of the tolerance to 7% to 9% gave the commissioners much more flexibility.
Looking at Wales, which has perhaps the most constituencies to lose, the topography and the geography are critical. They shape our communities. They shape our economies. It is impossible to understand that when you are looking, perhaps, at the levels of Somerset or at cities such as London—the way in which those community ties are formed. The right hon. Member for Basingstoke (Mrs Miller) cited Rhondda at 50,000, but we really do have to revisit how the communities, say in the valleys, are formed. They face one way. They are discrete, distinct communities. We must not mess with the arbitrary and artificial association. You only have to look at the US congressional districts to see exactly what that means.
Finally, I commend Lords amendment 8, which perhaps we might refer to as the Lord Shutt amendment, and the work that went into it. We must connect with young people. They are so disillusioned by democracy. We must use this opportunity to drive young people’s engagement with the political process, That is why that amendment is fundamentally important, and why I shall vote for it.
Rachel Hopkins (Luton South) (Lab)
I will make a few final comments, because many have been made in the Chamber today. The effectiveness and legitimacy of the democratic process is contingent on the public’s confidence in the processes and the commitment of elected representatives to upholding its principles. So I agree that a boundary review must go ahead, as the current constituency boundaries are two decades old, but it is crucial that the review strengthens the functioning of democracy. Lords amendments 7 and 8 are important steps forward in defending and advancing the key principles of representation and voting rights in our democratic process.
I reiterate the important point that I and many others made on Second and Third Reading of the Bill, and here today, that the Government could still change course on amendment 7, which would widen the variance from quota from 5% to 7.5%. As a boundary geek, having worked for the Local Government Commission on ward boundaries, I have done the work of trying to make good boundaries. A strict 5% inhibits the ability of the Boundary Commission to invoke common sense when devising constituencies that protect local ties, reflect local authority boundaries and recognise natural topography, as has been said. Whether it is hills, valleys and rivers, or motorways, main roads and green space, it is really important that we take all of this into account when creating good constituencies to represent our communities.
From my work experience, I understand how the public respond to well-made and to poor boundaries, but it is not just the boundaries: as I understand it, it is also sensible and coherent constituencies that recognise local ties, as against those that look strange, that are strange and that do not reflect community ties. Giving that little extra leeway will give the Boundary Commission greater scope accurately to group community identities, connections and geographical areas. It is not just to do with the fairness of the vote. We also need to talk about the fairness of the representation when we are elected, recognising, for example, how much more difficult it is for Members in the valleys of Wales to get around their constituencies compared with those in a condensed urban constituency such as my own.
The Government have recognised the principle of flexibility in the arrangements that have been made for Isle of Wight and Ynys Môn. I hope that that could be recognised further in creating good constituencies, so we could adopt that slightly higher flexibility to avoid the ratcheting effect, as I call it—or, as it was nicely put earlier today, “the butterfly effect”—where just one constituency could have that extra tolerance. It is important to avoid a number of constituencies not accurately reflecting their constituents.
I also wish to speak in favour of Lords amendment 8. Much has been said about the fact that turnout is healthy for our democracy, which I agree with, and that the ability to vote is a right, not a privilege. Improving the completeness of electoral registers by enabling the Government to ask local authority registration officers to add 16-year-olds to the electoral register when they get their NI number, or ensuring that they are provided with information on how to apply to join the electoral register would be a significant step forward in expanding voter registration and would enable greater participation among young voters. Although the Government are not willing to do the right thing and introduce votes at 16, which I am in favour of, improving voter registration for young voters is a basic, non-controversial change, which could see a vital increase in the number of young people voting. I hasten to add that, when others tell me not to do something, I often think there must be something in it. So, young people, think about why they do not want to encourage you to be on the electoral register.
Mr Rees-Mogg
I begin by thanking the hon. Member for Luton South (Rachel Hopkins). It is an absolute pleasure to follow her. I used to find that I was very often in agreement with her distinguished father on matters relating to the European Union, though it has to be said not on anything else. I thank all Members who have contributed to this debate on their lordships’ amendments. It has been a pleasure to be part of this important Bill, and I am very grateful for all the kind words that have been said about my hon. Friend the Minister for the Constitution. I will ensure that a copy of Hansard is sent to her so that she knows how highly respected and valued she is both as a Member of this House and as a Minister.
I also spoke on Second Reading, and both then and now, it has been a genuine pleasure to hear about the constituencies of hon. Members. In particular, I noted the plea from the hon. Member for Warwick and Leamington (Matt Western), who basically said that he loved his constituency and likes it as it is. I think that many Members across the House have huge sympathy with that view. It makes these types of debate extremely difficult for us, because all of us have an enormous affection for the places that we represent and we have incredible ties to them. I did not agree with all of his speech, but I must confess that I sympathised very much with the bit when he was praising his own area. However, this Bill will meet the Government’s manifesto commitment to have updated and equal parliamentary boundaries, and I am glad to see that it has broad support across the House, even though there are differences over some of the details.
If I may come to those, I will not try to repeat the points that I covered in my opening remarks, in the interests of time, but the shadow Minister, the hon. Member for Lancaster and Fleetwood (Cat Smith)¸ made a point about young registration. I would point out that we have seen a significant number of 18 to 24-year-olds register since online registration came in, with 8 million of them taking the opportunity of that.
The hon. Lady referred to the appointment of the deputy chairmen. It is worth reiterating that they are High Court judges anyway, so their independence has already been proved at the earlier appointment. I do not think we need have any worry about their continued independence. The hon. Lady also accused the Government of appointing a crony as the BBC chairman. As the appointment has not yet been made, I am not sure how we can have appointed the crony, unless the hon. Lady is accusing the Government of being Billy No Mates, which may possibly be the case, because no appointment has been made.
The hon. Member for Glasgow East (David Linden), as always, made an extremely charming and well-informed speech, with his one aim clearly in sight. His one aim is, of course, the independence of Scotland. That is his view; that is what he campaigns for. I fundamentally disagree with him, but he always puts his case elegantly and in the best traditions of this House. I just remind him that there are particular protections for Scotland, with the regulations relating to constituencies over 5,000 square miles and, of course, the protection of the constituency of Na h-Eileanan an Iar. I think that should be in entrenched legislation to keep the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) safely in this House, as he is a great figure and contributor to our debates. I apologise, Madam Deputy Speaker, that I did not notify the hon. Gentleman that I was going to mention him, but I hope he will not mind.
I am also relieved that the hon. Member for Glasgow East, when he read out at the end of his speech my words on an earlier occasion, had not looked through my speeches on the parliamentary constituencies Bill when it was passing through the House in 2010 and 2011 and did not quote those back at me. That might have been rather more embarrassing.
I come to the right hon. Member for Warley (John Spellar) and the hon. Member for Cardiff South and Penarth (Stephen Doughty). I am afraid I think they should stand for election to the House of Representatives, because they seem more interested in American politics than in British politics. Fascinating though that is, this House is concerned with the politics of the United Kingdom.
The hon. Member for North East Fife (Wendy Chamberlain) is not in her place, but she made the point that there will be an extensive change with the 5% level. That is inevitable because this change has been so long delayed. English constituencies are based on the register for 2000 and therefore are 20 years out of date. She made the very fair point that the difference between 5% and 7.5% is a variation on a theme, which is why I think we can reasonably, as a House, agree on 5%. It is a matter of getting the balance right. I think 5% is reasonable.
If I may come to my hon. and right hon. Friends, a number of them—my right hon. Friends the Members for Basingstoke (Mrs Miller) and for Elmet and Rothwell (Alec Shelbrooke) and my hon. Friend the Member for Heywood and Middleton (Chris Clarkson)—raised the issue of ward divisions. It is important to note that the Boundary Commission—the independent Boundary Commission—has the ability to use smaller areas, and therefore if it wants to use smaller areas to meet the 5% requirement, it will be able to do so.
My right hon. Friend the Member for Basingstoke asked the specific question whether, basically, the Boundary Commission will have to follow the law, to which the answer is of course yes, it will have to follow the law, although in doing so it is independent. She also pointed out that Lords amendment 7 basically seeks to undermine the principle of the Bill by widening it, and if we end up widening it too much, we get away from what we are trying to achieve.
My hon. Friend the Member for Gedling (Tom Randall) made a telling point about the different purpose of data that has been collected. Suddenly using it for one thing rather than another raises all sorts of problems. He also kindly pointed out that the deputy chairmen are already impartial judges, which I reiterate because it is fundamental to the fairness of this process.
My hon. Friend the Member for Heywood and Middleton made, I must confess, both a wise and entertaining speech and noted the partisanship of some of the amendments. I must confess that we have seen through the Opposition’s tricks and noted that the amendments are partisan, and that is why we will have pleasure in voting against them. Let us be honest about it: the Opposition know they are partisan too, but they felt they had to make some complaints on a principle—that we should have equal seats—that most people across the House agree with.
My hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie) pointed out the size of his own constituency and the right of people to choose whether they participate in the electoral process or not. Of course that is a freedom that we have.
I loved the point made by my hon. Friend the Member for North West Durham (Mr Holden) that we should follow Malta, and we must—what a great thing to do. Malta is a wonderful place, and one thinks of its fantastic history in surviving not one but two sieges, one in the 16th century and one in the 20th century. I will not say the joke about making a Maltese cross, Madam Deputy Speaker, as you might think it out of order, and it is very old and hackneyed.
Madam Deputy Speaker (Dame Eleanor Laing)
In order to observe social distancing, the Reasons Committee will meet not in the Reasons Room but in Committee Room 12.
Forensic Science Regulator and Biometrics Strategy Bill (Money)
Queen’s recommendation signified.
Resolved,
That, for the purposes of any Act resulting from the Forensic Science Regulator and Biometrics Strategy Bill, it is expedient to authorise the payment out of money provided by Parliament of any expenditure incurred under the Act by the Secretary of State. —(Stuart Andrew.)
Parliamentary Constituencies Bill
Thursday 26th November 2020
(4 years ago)
Lords ChamberRead Full debate Parliamentary Constituencies Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 151-I Marshalled list for Consideration of Commons reasons - (24 Nov 2020)
15:07 - Division conducted remotely on Motion E1 (as an amendment to Motion E) - Ayes: 129 / Noes: 276 - Motion E1 (as an amendment to Motion E) disagreed.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, in moving Motion A, I will also speak to Amendments 2, 6, 7 and 8, on which I shall also beg to move that the House do not insist on those amendments, to which the Commons have disagreed.
Amendments 1 and 2 provide that a boundary review would be carried out every 10 years. The Commons have opted to disagree to these amendments, as eight years is deemed a better balanced and appropriate approach to ensure that parliamentary constituencies are updated sufficiently regularly without disruption to local communities and their representatives.
The Commons disagree to Amendment 6, which proposes a bespoke appointment system for boundary commissioners. The Commons consider that the existing public appointments system and the requirements of Schedule 1 to the Parliamentary Constituencies Act 1986 are sufficient. The public appointment system used to recruit commissioners is robust and has led to the appointment of impartial and effective candidates for decades.
The noble and learned Lord, Lord Thomas of Cwmgiedd, has since tabled an amendment in lieu on this topic, which we will return to in more detail later. However, I wanted to take the opportunity at this point to thank the noble and learned Lord for his constructive and positive approach to engaging with me and officials, and indeed other senior Ministers in the Government, on his amendment throughout the passage of the Bill. It was a model of the approach for a revising Chamber.
We have had many conversations at every stage since this Bill entered the Lords and have thoroughly debated the aspects of the amendment. Even though the Government were unable to accept the noble and learned Lord’s amendments, I hope he has found our exchanges of a good nature and believes that they have resulted in reassurances that made them worth while.
Under Amendment 7, the number of voters in each constituency would be permitted to vary from the UK average by plus or minus 7.5%, which equates to a total tolerance range of 15%. The Commons—the elected House—consider that the existing law on this matter, that of a tolerance range of 10%, is sufficient to ensure equal parliamentary constituency boundaries.
Finally, turning to Lords Amendment 8, this required the Government to make proposals for improving the completeness of electoral registers. The Commons consider that the Government have provided sufficient explanation of action they have taken and are taking to improve the completeness of the electoral registers.
I would like to take this opportunity to pay my respects to the noble Lord, Lord Shutt of Greetland, who so sadly passed away and who tabled the original amendment. It was a privilege to call him my noble friend when he was my Deputy Chief Whip during the years of coalition. In those Quaker values which have so enriched the Liberal party—as it was—and the Liberal Democrats over generations were rooted his principles of straight talking and straight dealing, which we all remember, as we remember his passion for his work and his good humour. He will be sorely missed, particularly by colleagues on the Liberal Democrat Benches.
Since then, the noble Lord, Lord Woolley, who had not previously taken part in the Bill, has tabled a new amendment in lieu. The Government cannot accept this amendment for reasons I have privately explained to the noble Lord, Lord Woolley, but we will no doubt have an opportunity to discuss this further.
As is quite proper, this House asked the Commons to re-examine the detail of this Bill. The House of Commons did so and have returned a Bill to us that is now ready to go to Her Majesty for Royal Assent. The elected Chamber, to which this Bill directly relates, has considered your Lordships’ amendments, and indeed accepted three in relation to the automaticity provisions, and has made its will now known. I therefore urge noble Lords not to insist upon these amendments. I beg to move.
Lord Thomas of Cwmgiedd (CB) [V]
My Lords, I begin by thanking the Minister for the courtesy and pleasure, if I may say so, of being able to debate the issues that lay behind the original amendment I put forward. I am extremely grateful to him for the courtesy and the trouble to which he has gone, and to his officials, who went beyond their ordinary tasks even in these most difficult times to help me.
I have put forward today an amendment to the original clause that was carried by this House. It is plain that the original clause would have brought about a better appointment system, but the decision has been made by the other place that they do not agree. As regards the amendment I have tabled today, it deals with a narrow and specific point of some constitutional importance. That is why I have put the amendment forward: to amend the clause on a very narrow basis.
However, I wish to make it clear now that I do not intend to press this amendment to a Division because, in the ultimate analysis, it must be for the other place to accept it. However, given the times in which we live, I think it is important to record the matter formally, because it may turn out to be of great importance in the future. As regards the more general points, they are of very considerable relevance at the present time. Although in what I have to say I will be a little critical of the Government, I wish to make it abundantly clear that anything I say in no way criticises the present Secretary of State and Lord Chancellor. This is a more general point, directed at the Government as a whole, now and for the future.
The amendment today, on this narrow point, has the objective of bringing the provisions for the appointment of the deputy chairman of the Boundary Commission into line with the principles of the Constitutional Reform Act 2005, which changed the position of the Lord Chancellor. Noble Lords may recall that the debate on the position of the Lord Chancellor was an extensive one. There were very detailed discussions between the judiciary, at that time led by the noble and learned Lord, Lord Woolf, and the Department for Constitutional Affairs led by the Lord Chancellor— as he then truly was—the noble and learned Lord, Lord Falconer of Thoroton.
A concordat was reached in 2004, which sets out very clear principles that were embodied in the Bill. Those principles were that the deployment and appointments to posts of judges were for the Lord Chief Justice. In respect of some, the Lord Chief Justice was obliged to consult the Lord Chancellor and, in the case of one or two, obtain his concurrence, but the important point is that the decision was that of the Lord Chief Justice. That was because the Lord Chancellor ceased to have any judicial functions and to be head of the judiciary. That is a basic and fundamental constitutional position. The Lord Chief Justice became head of the judiciary and responsible for judicial deployment and the allocation of responsibilities and—importantly—of cases.
The power of appointment to the post of deputy chairman of the Boundary Commission dates from a time when the Lord Chancellor was a judge and head of the judiciary. It is noticeable in the Act that the powers of the Lord Chancellor did not extend to the appointment of the deputy chairman in Scotland or Northern Ireland, because the Lord Chancellor was not head of the judiciary there. Unfortunately, though I think it is hardly surprising, having been involved myself at the time, this provision was overlooked. There were literally hundreds of posts and duties that the Lord Chancellor had accreted over the centuries; that one or two slipped by is not surprising. It is essential to rectify the position now for two reasons: first, to correct an error and, secondly—far more importantly—because the position of the Boundary Commission has changed. It is no longer advisory and its decisions are not subject to any review by Parliament; it decides and Parliament and the Executive Government carry out the decision. The position, as I made clear on the last occasion, is no different to the selection of someone to decide a case. When a judge decides a case, the matter must be enforced by the Executive and adhered to by Parliament. It is quite clear that the Lord Chancellor could not pick a judge to decide a particular case; it would be wrong.
As I could not understand why the Government were opposing this change, I asked three question that I hoped would elucidate the reasons for the decision. I asked if the Lord Chancellor was satisfied that a decision by him as Lord Chancellor, or by any successor, personally to appoint the deputy chairman would be in accordance with legal principles, given that it would be a decision in which the Lord Chancellor—unless he were a peer, which was of course the case prior to 2005—had an actual interest, as the Commission would be determining the boundaries of the Lord Chancellor’s own constituency. The answer I got was that, in making such an appointment, the Lord Chancellor would have to act within established law principles. It seems clear that the Government accept that there is a personal interest in this matter. My second question was whether it would be susceptible to a legal challenge. To that I got the answer that in making such an appointment the Lord Chancellor would have to act within established public law principles. Thirdly, I asked whether it was consistent with the duty placed on the Lord Chancellor to uphold the continued independence of the judiciary. The answer was that is not inconsistent for the Lord Chancellor to have a role in appointments that involve the selection of one member of the judiciary over another. Indeed, because the Lord Chancellor is still ultimately accountable for senior court appointments, it was considered sufficiently important for there to be ministerial accountability to that extent for the judicial appointment system. The same could be said of these appointments.
Baroness Scott of Bybrook (Con)
My Lords, the noble and learned Lord has been speaking for 20 minutes. Could he now wind up, please?
Lord Thomas of Cwmgiedd (CB) [V]
I will be a moment longer. I just want to add one final point—and it is this. One can see the damage done when a country such as China criticises Her Majesty’s Government for going back on a treaty. Its comments speak for themselves.
I will conclude by saying that we should be vigilant for the future. The threat to the rule of law is still there, and there are more matters to come. I hope very much that on future occasions this Government will be much more careful about the independence of the judiciary and the rule of law.
Lord Woolley of Woodford (CB)
My Lords, I first apologise to the House and my fellow noble Lords for coming to this debate very late in the day. I am new to the Chamber, as many noble Lords will know, and I would argue that I and many others were thrown off track by the pandemic. I apologise, and for that reason I will not be putting my amendment to a vote—because I respect noble Lords and I respect this House.
However, I will not apologise for wanting to ensure that hundreds of thousands of young people are registered to vote and have a voice in our society. I have dedicated most of my adult life to ensuring that young people and those from black, Asian and minority ethnic communities can be part of our society—and without a vote, you do not have a voice.
Before I go into that, I pay tribute to David, Lord Shutt, who, as the Minister said, was our friend. I knew David more than 20 years ago when I was an activist, just starting out with Operation Black Vote. We had no money—and no money any time soon. I was asked by Stephen Pittam, who was the social and racial justice director of the Joseph Rowntree Charitable Trust, to put in an application. So I did, and I was called to a panel, and David Shutt was the chair. I said to him, “You and I know that Martin Luther King had a dream. But he had more than a dream. He had a plan. And step one of that plan was to politically empower African Americans and white poor people to be in a situation where they are not asking for justice and equality but demanding it. And they demand it by voter registration, by having a strong voice”. In typical Yorkshire fashion, David turned around and said—I hope noble Lords will excuse my language—“You’ve convinced me. Give him the bloody money, and good luck”. And we then began a journey, going out the length and breadth of our nation to register our communities to vote.
Our focus has been on black, Asian and minority ethnic communities where, as many noble Lords will know, the deficit is the greatest. We laid bare about 10 years ago the fact that more than 50% of young Africans in London were not registered to vote. The average for black, Asian and minority ethnic communities is 25%-plus, when the average across the board is around 15% to 17%. The problem that we are facing is not that there is a neutrality in some of our communities towards registering to vote and voting—there is antipathy towards it. People say, “Why should I vote when I do not see our institutions, locally or nationally, looking like us? There is no representation. How are they going to speak for me?” Too many say, “Why should I vote when policies are not addressing the deep-seated racial inequalities and disparities that affect our lives—in housing, education, health and many other areas? Why should I bother?” We as activists tell our communities and young people across the board, “That’s precisely why you should vote—because if you don’t have a voice, you can’t change anything”.
Twenty-five years later, from activist to one of your own as a fellow Peer, I come into this place and, once again, I bump into my old friend David, the late Lord Shutt. He says to me, “Young man, great to see you. We’ve got work to do. Your first step is to come and make a presentation to our committee”—which I did. He said, “Give us chapter and verse on how we can turn this round. Give us the tools to empower black, Asian and minority ethnic communities and young people across the board.” I said to him, “Look, it’s a no-brainer. At the very first instance, we should have automatic voter registration. You give them the insurance number and you make sure they’re registered. At least then our challenge to get them to vote is halfway done; we just need to give them the tools to do it.”
The Deputy Speaker (Lord Duncan of Springbank) (Con)
My Lords, the following Members in the Chamber have indicated that they wish to speak: the noble Lords, Lord Rennard, Lord Beith and Lord Lexden. I will call each in turn, then if anyone else in the Chamber wishes to speak, they too can be called—[Interruption.] I beg noble Lords’ pardon; they are quite right. The noble Lords, Lord Adonis and Lord Blencathra, both told me that they wished to speak; I just left them off the list because I did not write it down properly. I will call each noble Lord in turn then I will seek any other speakers in the Chamber. To begin with, I call the noble Lord, Lord Rennard.
Lord Rennard (LD)
My Lords, the last words in this House of my late noble friend Lord Shutt of Greetland helped to carry an amendment to this Bill by 293 votes to 215. The majority for that amendment was 78 in a vote in which more than 500 Peers took part and which was supported by more than 80% of the Cross-Bench Peers who voted—but it was not accepted. The whole House should now be grateful to the noble Lord, Lord Woolley of Woodford, for having tabled a compromise amendment on a subject with which he has a long history of involvement and about which he spoke so powerfully and persuasively.
The suggested compromise is based on one of the key recommendations of the Select Committee, which studied electoral registration issues over many months and received evidence from more than 60 people, many of whom are experts in the field. The noble Lord, Lord Woolley of Woodford, was one of those experts. As he said, he has many years’ experience of campaigning with Operation Black Vote on the underrepresentation of black people on electoral registers. He pointed out in his evidence that he has been talking to such committees for more than 10 years; he said that the questions remain the same but there remains a lack of political will to deal with them. He also explained that the introduction of individual voter registration has had a huge impact in reducing the levels of registration from diverse communities.
The noble Lord’s amendment today is not the same as that of Lord Shutt and his colleagues. The Government are not asked in this amendment to consider the introduction of any form of automatic voter registration. In fact, they are not asked to do anything at all except tell us what proposals they have to do what they say they want to do anyway. As the noble Lord, Lord Woolley, said, it is the softest amendment possible. Ministers claim repeatedly that the Government want to improve the accuracy and completeness of the electoral registers. The noble Lord’s amendment simply asks them to consider inviting young people to register to vote when they are notified of their national insurance numbers. Such a notification would cost nothing. The easiest way of registering to vote is with a national insurance number, so the best time to register is when you get your national insurance number.
Young people about to attain the age of 18 are all supposed to be registered and included in the calculations of the Boundary Commissions; their absence, and that of others, makes those boundaries unfair and, many would suggest, gerrymandered. These young people need to be registered in order to vote, obtain credit and be summoned for jury service. However, the latest figures from the Electoral Commission show that 75% of them are not registered to vote, as against only 6% of those aged over 65. This is an enormous disparity. The Government talk about their efforts in relation to registering young people, but if only 25% of those about to turn 18 are registered compared with 45% five years ago, those efforts are clearly failing—unless, that is, their real efforts are to reduce the number of young people registered to vote. If so, they should be honest about voter suppression, which might come from the Donald Trump playbook. Or, if this is not their aim, they should say why they have been unable to provide a single reason for not registering young people in this way. They have not been able to do so at any point in the four months that we have been considering this Bill.
As the noble Lord, Lord Woolley, said, the figures for registering young black people are even worse than they are for young people generally. The Joint Committee on Human Rights recently raised concerns that 25% of black people are not registered to vote, compared with 17% of the total population. If these figures are correct, they would mean that more than 80% of young black people about to attain the age of 18 are not registered to vote—and the danger is that they may never be, and that they may never take part in our democratic society.
This issue affects our democracy. It affects social mobility, as those not registered may not be able to obtain credit when they apply for it. It affects justice, as juries drawn from the electoral registers may be unrepresentative. The criminal sub-committee of Council of Her Majesty’s Circuit Judges recently described problems with jury service, saying that
“there are currently many who are eligible but are not registered to vote and are not called for jury service.”
The amendment tabled by the noble Lord, Lord Woolley, is a compromise. It does not go as far as the Select Committee on the Electoral Registration and Administration Act 2013 recommended, with cross-party support. The principle of registering young people automatically, or in this way, was supported by the senior Conservative election strategist the noble Lord, Lord Hayward, in that Select Committee and in the Grand Committee considering the Bill.
The same principles were strongly supported by the Conservative Party’s official historian, the noble Lord, Lord Lexden, in the Select Committee and on Report. I am pleased that he is again supporting the principle of the amendment today. The last Labour Minister responsible for handling such issues, the noble Lord, Lord Wills, is sadly unable to attend, but he is a strong supporter of the principles of the amendment. All 133 of the 133 Labour Peers who voted on Lord Shutt’s original amendment voted for something that went far further than the amendment from the noble Lord, Lord Woolley, seeks today.
I recently reread the House of Commons debate on Lord Shutt’s amendment. The principle of automatic voter registration was strongly attacked by Mr Jacob Rees-Mogg. He spoke knowing that he had vetoed MPs voting electronically in the same way that we do in this House, so he was speaking in the knowledge that the Conservative Whips could cast around 200 votes as proxies without MPs being allowed even to press a button for themselves. Even from this House we can say that that is an affront to democracy. Even with all his debating skills, Mr Rees-Mogg could voice no argument against notifying young people about how to register to vote when they are notified of their national insurance numbers. That is because there is no democratic argument against it.
The noble Lord, Lord Woolley, skilfully suggested a compromise of the kind that this House should be proud to support. My noble friend Lord Tyler will ensure that there is an opportunity for Members to vote on this issue. Please use your vote today to make sure that young people can vote in future.
Lord Beith (LD)
My Lords, I thank the Minister, the noble Lord, Lord True, for his generous and kind words about Lord Shutt of Greetland—our friend David Shutt. They were very accurate and true. I knew David for over 50 years. He was a liberal to his fingertips, a democrat in every way, a proud upholder of nonconformist and Quaker values, and a proud Yorkshireman. He was a larger than life figure in this place and we will miss him enormously. If there is anything that I can do today by casting a vote that would further the cause in which he so profoundly believed—that young people must be drawn into our democratic system—I will do so with enthusiasm.
I refer to the amendment in lieu from the noble and learned Lord, Lord Thomas of Cwmgiedd. He has worked assiduously on the Bill to try to safeguard the important principles at stake. It was obvious to me and everybody else that, the moment that Parliament could not delay or block Boundary Commission proposals, attention in some political quarters would shift to those who draw up those proposals. The pressure would be on who is appointed as boundary commissioners. It therefore became important to look at that carefully. We have done so over the course of the Bill, but I do not think we have reached an ideal solution.
We are in an anomalous situation on the position of Lord Chancellor, as was pointed out by the noble and learned Lord, Lord Thomas, by detailed reference to the debates on changes to the post, which I remember vividly. I have great respect for the present Lord Chancellor, who served on the Justice Committee when I chaired it. I know that he is committed to the most important principles of our legal system, but this is not an ad hominem case; we cannot make it depend on one individual. It is about the system we have for the future. When many other changes were made, powers previously held by the Lord Chancellor shifted to the Lord Chief Justice, as head of the judiciary. This power should have gone the same way.
Lord Lexden (Con)
My Lords, I support the amendment proposed by the noble Lord, Lord Woolley of Woodford. Like him and other noble Lords on all sides of the House, I deeply regret that the amendment cannot be moved by the noble Lord, Lord Shutt of Greetland, who so effectively made the case for action to get more young people on the electoral registers just a few weeks ago on Report. Lord Shutt of Greetland will be remembered vividly and affectionately by all his colleagues, of whom I was one, who worked with him on the all-party Select Committee that considered the state of our country’s electoral system in detail, seven years after the passage of the Electoral Registration and Administration Act 2013. It would be a fine tribute to his memory if what might be termed the Shutt-Woolley amendment was incorporated in the Bill. If it is not, I hope that something like it wins parliamentary approval before too long.
When I spoke on the earlier Shutt amendment, I asked Members of the House to bear in mind that it provided two alternative routes by which tomorrow’s voters could be brought on to the electoral registers, at the ages of 16 and 17, in readiness to cast their votes when they turn 18. The first, as we have heard, proposed automatic registration if electoral registration officers were satisfied of their eligibility when national insurance numbers were issued. The Shutt amendment offered a second way to the goal, which all supporters of democracy surely must share—that of ending the grave under- participation of young people aged 18 and over in our country’s elections. The second method, as we have heard, involved no more than providing them with information about the process by which the precious right to vote can be acquired.
In responding to the amendment, the Government chose to ignore the second part altogether. Not one word was said about it from the Government Front Bench. Its supporters were called on to vote against it, on the grounds that automatic registration was objectionable in principle—an objection that many Conservatives do not share. The same thing happened when the Shutt amendment was debated in the Commons.
The new version before us omits the provision for automatic registration on which the Government based their entire opposition to the original amendment. The amendment proposes, in modest terms, that it should be permissible for young people, on whom the future success of our country depends, to be notified of what they should do to gain the right to cast a vote and play their part in our democracy. Can there really be a serious argument for not informing our country’s youngsters, who stand at the gateway of democracy, about what they need to do to pass through it, when information can be supplied to them readily and at very little cost as a result of today’s electronic miracles?
The Deputy Speaker (Lord Duncan of Springbank) (Con)
For noble Lords’ information, the next three speakers will be the noble Lords, Lord Adonis, Lord Blencathra and Lord Cormack.
Lord Adonis (Lab)
My Lords, I agree with every word that the noble Lord, Lord Lexden, has said, with the noble Lord, Lord Rennard, and with the very eloquent speech by the noble Lord, Lord Woolley. The Minister said that the House of Commons had given a view on this, but it is perfectly reasonable and normal for us to ask it to think a second time on issues where we believe that there is a very strong public interest, particularly constitutional issues, since we are a constitutional safeguard. There are not many others in our system. One is the courts, and we have heard from a former Lord Chief Justice, who also spoke extremely eloquently about the composition of the Boundary Commissions. When a former Lord Chief Justice raises concerns about possible gerrymandering of the Boundary Commissions, we should take note.
For all the reasons that have been given so far, the issue of engagement of young people in our democratic system is fundamental. It is not a peripheral issue for the future of this country, and it is all the more fundamental because of the current evidence of massive underregistration of young people. The noble Lord, Lord Woolley, spoke with great passion about how ethnic minority groups are even more underrepresented than young people at large. The evidence is that in the 2017 election, only 64%—not even two-thirds—of 18 to 24 year-olds were even on the electoral register, so the rest were not even able to participate unless they went through the laborious process of registering themselves during the election. Many would then have missed the deadline, and I had not even thought about the very powerful point made by the noble Lord, Lord Rennard, that if they are not on the electoral register, they are not available for jury service either. All these attributes of citizenship, which are fundamental to the future of our democracy, they are not engaged in.
Only 64% being registered is a huge condemnation of the status quo. The Minister cannot say that the system works and therefore, “if it ain’t broke, don’t fix it”. The system is fundamentally broken, and not because of changes that go back a long time and which are hard to tackle but because of the introduction of individual registration, a reform introduced only six years ago, and which was itself, in respect of young people, unnecessary because, as the second aspect of this amendment which the noble Lord, Lord Lexden, referred to, makes clear, we know who all the 16 year- olds in the country are. It is not a mystery. They all get a national insurance card. The state thinks that it is important for them to be registered for taxation, but not to be registered to vote. These are fundamental issues, and if we have any role in our constitutional development as a country, we should be drawing them further to the attention of the House of Commons, and we should certainly be putting on the record, as emphatically as we can, that the status quo does not work satisfactorily at the moment.
In the previous two elections, since we have had individual registration playing through, there has been a fundamental underrepresentation of young people, particularly in minority and poorer groups. Also, young people are becoming increasingly politicised because of the scale of the issues affecting them—Brexit, Covid-19 and so on—and as soon as elections come, they suddenly and frantically seek to register. The figures from the Electoral Commission are that in the general election in 2019, 1.4 million young people registered after the calling of the election, and apparently most of the new registrations on 10 of the 15 days with the highest number of new registrations were of young people at that general election.
The Minister might say that this shows that the system is, to some extent, working, but I do not think that it shows that at all. It shows a massive crisis in registration. When young people realise that they are not registered, some, but only a proportion, take the active steps necessary to correct that in that very short window between the calling of the election and the final date for being able to register. This is not a system that is working, it is one that is fundamentally broken, and one where the remedies are very straight- forward. Automatic registration is very straightforward to implement. It could be done immediately and should have been done under this Bill, but the Government rejected it. The further amendment on the paper today, which I absolutely believe that we should carry, would simply draw to the attention of young people that they should be registered.
When there is a fundamental problem of this kind, one does not need to look for the motivation behind it because, in the time that I have been in this House, this is the fourth occasion on which we have addressed the issue of individual registration. It looks very straight- forward and clear to me. Not all members of the Conservative Party, but the electoral advisers of the Conservative Party think they have a direct political interest in voter suppression in general and in the underregistration of young people in particular. Looking at the tactics in this populist movement that has been sweeping the United States and Britain, unfortunately the Prime Minister, who is a representative of it—not as bad as Donald Trump but still pretty bad—is perfectly content to resort to such methods so that fewer young people are registered and vote. On all the evidence, that appears to be the case. This makes me, and, I hope, other noble Lords who take these issues to heart, all the more determined that these issues should be aired, not suppressed, and that we should send this issue back to the House of Commons a second time.
Lord Blencathra (Con)
My Lords, I just popped in today to see this Bill put safety to bed, having participated extensively in Committee and on Report—speaking on it for far too long, noble Lords may wish to shout. I was therefore surprised to see the amendment in the name of the noble Lord, Lord Woolley, and to hear his speech. I congratulate him on a passionate and thorough speech, but one which should have been made at Second Reading. It was a perfect example of a Second Reading speech, and it would also have gone down perfectly well in Committee.
The noble Lord has apologised to the House for coming to the matter late in the day, as he put it, for which he blamed the pandemic. We have all had to change our modus operandi because of the pandemic, but I cannot imagine why, over the past four months, he was unable to participate in any stage of this Bill, online or in the Chamber. While I participated upstairs in Grand Committee, the noble Lord, Lord Tyler, participated from somewhere in the south-west—Devon, I presume—and many other noble Lords participated online. As a new Member, I made mistakes on the procedures, etiquette and courtesies of this House and had to apologise. I know he has apologised today, but the procedure that he has adopted, coming in with this amendment out of the blue at this late stage, is not the right thing to do in this House. I hope that he has not been used as a Trojan horse by the Liberal Democrats, because this has all the smell of a Liberal Democrat ploy. Someone else moves an amendment, the noble Lord has said that he will not vote on it, but it looks as though the Liberal Democrats will force a vote on ping-pong at this stage.
Irrespective of the merits of the arguments and the passionate speech by the noble Lord, Lord Adonis, we should follow the usual customs and courtesies of this House at ping-pong.
Lord Cormack (Con)
My Lords, my noble friend Lord Blencathra makes a very important point, one that was acknowledged in his speech by the noble Lord, Lord Woolley, when he said that he would not be pressing his amendment to a Division. That is right. Reversing that famous quote from TS Eliot’s “Murder in the Cathedral”, he was doing the wrong thing for the right reason, rather than the right thing for the wrong reason. I have great sympathy with him. We should move on with this Bill now, but we cannot escape facing up to the realities of compulsory registration.
Some of your Lordships may recall the phrase, “no taxation without representation”. If you are obliged to have your national insurance number and to pay tax, you should be obliged to be on the electoral register. I would go one step further: I believe in compulsory voting. That does not mean you cannot destroy your ballot paper or write, “A plague on both your houses” on it. I believe it is a civic duty to take part in the electoral process whether by casting or spoiling your vote.
The Deputy Speaker (Lord Duncan of Springbank) (Con)
Are there any noble Lords present who were here at the beginning of this debate who would like to take part at this stage? No? In which case, I return to the list and call the noble Lord, Lord Tyler.
Lord Tyler (LD) [V]
My Lords, before I concentrate on the amendment in the name of the noble Lord, Lord Woolley, I will make some general comments about the Bill. The Government’s response to the improvements made by your Lordships to the Bill, with large majorities, has been profoundly disappointing. However, my disappointment will pale into insignificance when many Conservative MPs discover in a couple of years’ time just how they have been fooled into thinking that their seats will be unaffected by boundary changes. The most careful independent analysis has demonstrated that the Government’s insistence on sticking to the narrow 5% variance in the electoral quota means that some two-thirds of all seats will be changed—all for no real correction of the perceived imbalance. Those MPs will not merely be disappointed; hundreds of Conservative MPs and their constituents will suffer unnecessary disruption. Even more significantly, there will be many blue-on-blue contests for the more winnable new seats in the mid-term of the Parliament, just when the Government is least popular.
As my noble friend Lord Rennard pointed out, Mr Rees-Mogg made no reference to that when, during an inevitably sparsely attended debate, he managed to overturn the improvements passed with large cross-party majorities in your Lordships House. It will be interesting to witness the reaction of his fellow MPs when they realise what he has let them in for. There would be an element of wry amusement for the rest of us if it were not for the avoidable impact on historic, natural and well-established communities. All being well, the political integrity of Cornwall will be protected, but such a desirable outcome will not be guaranteed elsewhere.
This was perhaps the major issue during our debates on the Bill. However, removing some of the other improvements may in due course also be recognised as counterproductive and constitutionally defective. I fear we may live to regret that the House could not endorse the proper concerns expressed by the noble and learned Lord, Lord Thomas, and my noble friend Lord Beith.
I and my colleagues are especially pleased that the noble Lord, Lord Woolley, from the Cross Benches, has tabled his amendment to the Motion on the vital issue of electoral registration. Had this been at a different stage of the Bill, a quartet of senior Members from all parts of the House would have signed it. This is underlined by the strength of supporting speeches on all sides this afternoon. It is particularly appropriate that the noble Lord should lead on this. He has been a powerful champion and campaigner in non-party efforts to get more young people—especially from BAME communities and through Operation Black Vote—to take up their civic responsibilities and rights by registering. He gave evidence on the registration issue to the Select Committee of this House, chaired by our much-missed colleague Lord Shutt of Greetland.
At this point I should say how much I and my noble friends on the Liberal Democrat Benches appreciate the tributes to David from all sides during the Commons debate and again this afternoon in your Lordships’ House. After a lifetime of principled devotion to this cause, his sincerity and clear advocacy of these practical steps towards a more comprehensive democracy shone through during his successful speech on Report.
As the noble Lord, Lord Woolley, and others have emphasised, this modest proposal would give practical effect to the aims to which Ministers have committed themselves. Without this kind of simple administrative adjustment, there is a real danger that the missing millions of unregistered young citizens will remain outside the system.
Ministers have reminded us that registering to vote is a civic duty. Unlike voting, which is entirely voluntary in Britain, co-operating with the registration process is a legal obligation unless the eligible citizen has a specific reason to be exempted. As my noble friend Lord Rennard reminded the House, the register is used to select for jury service. That is an important civic responsibility, which is not entirely voluntary. Failure to co-operate can lead to a fine of £1,000.
This proposal is not a form of automatic registration. Despite the support of the noble Lord, Lord Cormack, it is not on the table for decision today. However, if the Government continue to block sensible ways to maximise registration, it could be argued that they are in a sense condoning law-breaking.
It has been clearly indicated that many of your Lordships on all sides of House wish to support this simple improvement. Therefore, if the noble Lord, Lord Woolley, is not able to move his Motion E1 to propose Amendment 8B in lieu, I should be happy to do so and to seek the opinion of the House at the appropriate moment.
I again pay tribute to all who have helped to ensure that your Lordships’ House has fulfilled its proper scrutiny function. This includes the Minister, the noble Lord, Lord True. As I have said previously, that is the fundamental right and responsibility of this House, not least when MPs and the governing party may need the corrective of relatively dispassionate, non-partisan and independent scrutiny on electoral law. We do not have the same special interests to declare as they have, which could take them into very unfortunate realm of special pleading, as the noble and learned Lord, Lord Thomas, made apparent.
Finally, I put on record on behalf of the Liberal Democrats, particularly all those who have worked on the Bill, our thanks and admiration for all those who have assisted the House, not least our excellent legislation adviser, Sarah Pughe. I thank the two Ministers and their team, the Public Bill Office and other officials of the House, as well as Members from all sides who value the integrity of the democratic process. I add thanks to those academic experts who gave us all such well-researched, non-partisan advice through all stages of the Bill.
Baroness Hayter of Kentish Town (Lab)
My Lords, this has been a useful debate on some important amendments, which were agreed by your Lordships’ House but which, in their complete lack of wisdom, the Government chose to overturn in the Commons—and two of which, rightly, have merited special attention today.
I am grateful to the noble and learned Lord, Lord Thomas of Cwmgiedd, and the noble Lord, Lord Woolley of Woodford, for tabling their counter- propositions. The former made a persuasive and constitutionally important case, to which I will return.
Before doing so, I would like to add my tribute to the late Lord Shutt of Greetland. His contributions on 8 October were, sadly, his last in this Chamber. His untimely death was of course a shock, but it is somehow fitting that that last speech was on expanding voter registration and encouraging people to engage in the democratic process—a cause which, as we have heard, he had championed for years, and one which the Government should take up with more than just warm words. If the future of our democracy is to mean anything, it will be through the full involvement of all our citizens in elections, be they at local, regional or national level.
The noble Lord, Lord Cormack, made reference to “no representation without taxation”. I very gently point out that his party wants to extend representation without taxation by extending the right to vote to people who left this country maybe 40 or 50 years ago and have long since ceased to pay tax. But that is not on the agenda today.
I am saddened, although not surprised, by the Government’s rejection of all five amendments. Far from making the Government’s life difficult, they sought to address genuine concerns in a constructive manner. I particularly regret the lack of a bit of greater tolerance, which would, as the noble Lord, Lord Tyler, said, have helped even Conservative MPs—but it would particularly have helped those who are drawing lines round the valleys and mountains of Wales to have seats that had coherence for the Member seeking to represent them.
However, it is clear that there is not a mood for compromise, regardless of the merit of our arguments. To borrow a famous phrase, you can lead the Minister towards a sensible position but, unfortunately, you cannot make him adopt it—or, at least, not now.
One of the major arguments that we had with the coalition Government, which of course included the Liberal Democrats as well as the Minister’s own party, was over the reduction in the number of MPs from 650 to 600, despite the population having grown and despite almost the same number being put into your Lordships’ unelected House at the same time. We warned the two parties then and we voted against them, but they were determined. So I am delighted that they have now seen the sense of our arguments. Welcome to our viewpoint—and perhaps in due course they will see the good sense behind Amendments 1, 2 and 7.
In particular, given the cogent arguments, and the concern of this House, we had hoped in all sincerity to see some movement on the amendment proposed by the noble and learned Lord, Lord Thomas of Cwmgiedd. Given that Parliament will no longer have any backstop role over boundaries, the independence of commissions —which will no longer be advisory; they will effectively be law-makers—is even more vital. The noble and learned Lord sought to depoliticise, and therefore legitimise, the appointments process.
The Government’s position is a little concerning. It is true that some might be comforted by the departure of certain personnel from No. 10; nevertheless, the only true guarantee of independence is a transparent process guaranteed in law. Indeed, dealing, as we are, with this issue just at this moment, or, in the words of the noble and learned Lord, Lord Thomas, in the times in which we live, when others such as Peter Riddell and the noble Lord, Lord Evans, have questioned how supposedly independent appointments are actually made, a very clear signal in this Motion that no elected politician would have any say would have been warmly welcomed.
Lord True (Con)
My Lords, I thank all noble Lords who have contributed to this debate. My brief rather optimistically said “this short debate”. In fact, it has not been a short debate because it has been an important one. Perhaps at times, as someone said, it has strayed a little closer to Second Reading than consideration of Commons Reasons, but I fully understand the passion and commitment with which all noble Lords have spoken on the amendments they are concerned with, including, of course, the noble Lord, Lord Woolley.
Not to waste time, I turn to the two amendments before us. They are in the names of the noble and learned Lord, Lord Thomas of Cwmgiedd, and the noble Lord, Lord Woolley. As we know, the amendment in lieu tabled by the noble and learned Lord, Lord Thomas, relates to the role of the Lord Chancellor in appointing deputy chairs of the Boundary Commissions and proposes that the Lord Chief Justice appoints them rather than the Lord Chancellor. Some people have expressed concern about the nature of the Lord Chancellor, including the noble Baroness opposite, but I must remind her that it was her party which so sadly removed the Law Lords from your Lordships’ House, to its great detriment. Indeed, that created the nature of the Lord Chancellor about which she complains today. It was a creation at the back of a press release by the Labour Government. This is something that we have to deal with and people with the integrity of my right honourable friend the current Lord Chancellor are seeking to deal with it.
The noble and learned Lord, Lord Thomas, provided us with some questions and I undertook to answer them. However, the noble Lord read out the questions and the answers that we had provided. I shall not go through them all. The record is there in Hansard, but I will repeat that the Lord Chancellor has confirmed that the roles of constituency MP and Lord Chancellor—and indeed any other Minister—are separate and that the Lord Chancellor will always have to act consistently with public law principles in making this or any appointment.
As for whether it is susceptible to legal challenge, as the noble and learned Lord, Lord Thomas of Cwmgiedd, speculated, the Lord Chancellor’s role in making such an appointment is subject to established public law principles and could be challenged by way of judicial review. The noble and learned Lord lamented that. On other occasions I have been urged in this House not to press proposals and propositions that do not allow for judicial review. That is the position and your Lordships must draw your own conclusions.
I was also asked whether it was inconsistent for the Lord Chancellor to have a role in appointments that could involve the selection of one member of the judiciary over another. Indeed, the noble and learned Lord spoke at some length on this question. It is, however, the process currently for the appointment of High Court judges. The reason the Lord Chancellor is still ultimately accountable for senior court appointments is that it was considered sufficiently important for there to be ministerial accountability to that extent. Ultimately, for something so important, ministerial accountability to Parliament is of great importance. The same could be said of these appointments.
The noble and learned Lord referred to a letter that he had received from the Lord Chancellor, part of which he quoted. Perhaps with the authority of a Minister speaking from the Dispatch Box, I can read it out as binding on the Government:
“I would like to assure you”,
wrote the Lord Chancellor,
“that I will commit to the Lord Chancellor formally conducting the Lord Chief Justice on all future appointments.”
My right honourable friend the Lord Chancellor said that he hoped that would provide the noble and learned Lord, Lord Thomas, and the House with the assurance they seek. For that reason, I am pleased to hear that the noble and learned Lord is minded to withdraw his amendment and I hope he will do so.
I return to the amendment tabled by the noble Lord, Lord Woolley. As many noble Lords have said, it is an amendment in lieu to Lord Shutt’s original amendment. I will not repeat what I said about Lord Shutt at the start. I offered that spontaneously and I do not think I can do better than that, so I will not reiterate the fine, warm and justified words from other noble Lords in this debate. However, respect for an individual does not necessarily make a case for making law. Respect for an individual and their life’s work imposes a sense to remember the witness of that individual and to reflect on the things that they said.
My noble friend Lady Scott of Bybrook and the Leader of the House in another place spoke at length in Grand Committee, on Report and in Commons consideration of your Lordships’ amendments. The Government have taken and continue to take action in great detail in this important space of increasing voter registration. Noble Lords who been taking part in these debates will know that I have said that the House will have the opportunity to return to debate electoral issues such as this again when parliamentary time allows. I cannot make any promises, but it is legislation that I hope will come sooner rather than later.
We do not see this amendment as necessary. While the Government agree that the completeness and accuracy of the electoral registers is critical and have set out on numerous occasions the work we are doing, we do not believe that the amendment is necessary. We have introduced online registration, which has made it easier, simpler and faster for people to register to vote. It can take as little as five minutes. We are liberating more time for EROs, on whom the statutory responsibility for maintaining complete and accurate registers lies, to have more time to do their jobs efficiently and effectively, including making changes to the annual canvass. Improvements have been made and will be made in legislation in future Sessions. Scepticism was expressed about that sentiment but it is important to note that recent elections have been run on the largest ever electoral registers.
Although I have not yet had the opportunity to discuss the matter with the noble Lord, Lord Woolley, I told him at a meeting we had on Tuesday—which I greatly appreciated and the Government look forward to working with him in future, as he asked for in his speech—that when a national insurance number is issued, the individual receiving it is informed that they can use the number to register to vote. That happens now. Could this wording be made clearer? I am sure it could. I can confirm that officials are already working with their counterparts across government in DWP and HMRC to see what can be done.
However, I do not believe that this requires a statutory amendment at this late stage; it can be done through non-legislative means. Obviously, the Government will report back on the progress of that consideration: if not, we will no doubt be probed in future electoral registration in this matter. I hope, in answer to the noble Baroness opposite, many of whose remarks towards the end of her speech I agreed with, that it is possible to take this forward through non-statutory means. I hope we will do so, having put that on the record in your Lordships’ House.
I hope we will not have a Division on this. As my noble friends Lord Cormack and Lord Blencathra reminded us, it is not the manner in which your Lordships normally operate at this late stage. I was surprised, therefore, to hear the intervention from the noble Lord, Lord Tyler, who had not had the kindness to inform me, as Minister responsible, that he was proposing to do this—I use the word “kindness” rather than another. I wonder whether the noble Lord had an IT problem when it came to tabling his own amendment. I am not following my noble friend Lord Blencathra’s speculations, but it is interesting that this action is coming from the Liberal Democrat Benches. It is an unusual action in this House to deny permission to a noble Lord wishing to withdraw his amendment. Surely, it is all the more unusual at this very late stage on a new amendment.
The House is facing great difficulties in conducting business in a hybrid way during the coronavirus crisis. It appears that all sides are behaving with great patience and restraint and deserve the highest praise. I believe that this is surely an occasion for restraint. The noble Lord, Lord Woolley, has asked to withdraw his amendment, and in all respect to him, I believe that he should be allowed to do so. The Boundary Commissions, as my noble friend Lord Cormack said, need to start their work; the elected House wishes them to start their work. The last review was delayed by the Liberal Democrat Party, as we know, and I hope it is not going to be a case of “Here we go again.”
I do not believe that there is any reason for further delay and I remind the House that, under the Bill, the review that we in this House and the other place are endorsing will be based on the number of electors, including attainers, on the electoral registers as at 2 March 2020, so it will not be possible for the Boundary Commissions to take into account any changes to registration levels after that date for the purpose of the 2023 review. Therefore, the amendment would, in any case, be ineffective in acting on the review before us. I sincerely hope, in these circumstances, saying as I do that we will give the highest respect, now and in future, to the sentiments expressed by the noble Lord, Lord Woolley, and others, that the noble Lord, Lord Tyler, will not take the exceptional action he proposes in denying permission to withdraw.
Throughout the passage of the Bill, noble Lords from all sides of the House have provided invaluable scrutiny and, in one respect at least, a major improvement through the amendment pressed by my noble friend Lord Young of Cookham. They have provided invaluable scrutiny and expertise, which we will carry forward when we consider electoral legislation in Sessions to come. The Government have listened to that advice and the Bill has been amended, as I said.
While we have not always agreed on the detail, this has been a novel experience for me: it is the first Bill that I have had the opportunity—the honour, I should say—of taking through your Lordships’ House. I thank all noble Lords who have taken part and tabled amendments for the brilliance and, often, the brio with which their arguments have been put. The word “passion” has been used, and I accept that word. In particular, I thank the noble Baroness, Lady Hayter, and the noble Lord, Lord Lennie, and the noble Lord, Lord Wallace of Saltaire, and his team for the constructive and courteous way we have gone about things. It has meant a lot to me personally, and it has been extraordinarily helpful, productive and reflexive in carrying our public debate forward. Like others, of course I thank all the officials involved, and particularly my own Bill team for the prompt service they have given us all.
The legislation will allow the Government to deliver a manifesto commitment to updated and equal parliamentary boundaries to ensure that every vote counts the same. Current boundaries are horribly out of date and there is no time for delay. It is surely time, as my noble friend Lord Cormack wisely urged, that the Bill now passes and the Boundary Commissions will be able to begin their next review without further delay and finally have constituencies that are updated and reflective of the past two decades of demographic change.
“Improving completeness of electoral registers for purposes of boundary reviews
(1) Within a year of this Act coming into force, the Secretary of State must lay before Parliament proposals for improving the completeness of electoral registers for purposes of boundary reviews.
(2) The proposals in subsection (1) may include requirements for the Department for Work and Pensions to notify individuals of the criteria for eligibility to vote and of the process for making an application to join the register when they are issued with a new National Insurance number, and to encourage them to do so.””
Royal Assent
Monday 14th December 2020
(4 years ago)
Lords ChamberRead Full debate Read Hansard Text Amendment Paper: HL Bill 139-I Marshalled list of motions and amendments for Consideration of Commons amendments - (17 Nov 2020)