Scottish Parliament (Constituencies and Regions) Order 2010
(13 years, 6 months ago)
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Lord Wallace of Tankerness
To move that the draft order laid before the House on 1 July be approved.
Relevant Documents: First Report from the Joint Committee on Statutory Instruments.
The Advocate-General for Scotland (Lord Wallace of Tankerness)
My Lords, as many noble Lords may know, the Boundary Commission for Scotland completed its first review of Scottish Parliament boundaries, as required by the Scotland Act, earlier this year. The commission submitted its Report on the First Periodic Review of Scottish Parliament Boundaries to the Secretary of State for Scotland on 26 May 2010, and a copy was laid before the Scottish Parliament and this Parliament on the same day. The Boundary Commission’s report was accompanied by two DVD-ROMs containing geographical information system data defining the constituency boundaries. This is referred to as “the deposited data” in Article 2 of the order.
This approach was necessary because a number of the recommended Scottish Parliament constituencies have boundaries that do not follow existing local government ward boundaries. Previous constituencies were made up of complete local government wards, which are defined in existing legislation and therefore could be referred to by listing the ward names. The level of detail required to define the constituency boundaries meant that they could not practically be shown on traditional maps at an appropriate scale. The local government wards and part-wards that fall within the constituencies are listed in the appendices to the Boundary Commission’s report, and the master copies of the DVD-ROMs have been deposited with the Secretary of State for Scotland for safekeeping. Reference copies are deposited with the Boundary Commission for Scotland, and copies are also available in the Library of each House.
The Scotland Act also requires the Secretary of State to lay before Parliament, as soon as is practicable after receipt of the report, the draft of an Order in Council giving effect to the recommendations in the report. Such a draft was laid on 1 July. It was debated in the other place on 15 September and approved, and now comes before your Lordships’ House. Ministers readily acknowledge that there have been some concerns about some of the commission’s recommendations. These have been raised with Ministers, but I emphasise that they have no power to direct the Boundary Commission to change any of its recommendations or to amend any boundaries through the order. The Boundary Commission is an independent and impartial body, and its statutory consultation and local public inquiry process allowed for consideration of concerns and representations about its proposals made by politicians, local authorities and others. Final decisions on recommendations were ultimately a matter for the commission. Details of the consultation, and local inquiries and their outcomes, are included in the commission’s report.
As I explained earlier, the order gives effect, without modifications, to the recommendations contained in the commission’s report. It defines the name, status and area of 71 of the 73 parliamentary constituencies, and the name and area of each Scottish Parliament region. The Orkney Islands constituency, which for eight years I had the privilege to represent in the Scottish Parliament, and the Shetland Islands constituency, were excluded from the scope of the review because Schedule 1 to the Scotland Act provides for them directly. The order is required to be approved by both Houses before being made by Her Majesty in Council. Subject to it being approved and made, it will come into force on the day after it is made. At this stage, we envisage that being some time in November. The boundary changes will not affect the Scottish Parliament, or elections to the Scottish Parliament, until the next general election to the Parliament, whether that is an ordinary or extraordinary general election. Nor will they affect any by-election held before the dissolution of the Parliament.
The Scotland Office consulted electoral administrators and the Electoral Commission over the proposed timing of the Boundary Commission’s final report, and on the proposed timing of the commencement of the order. Following the consultation, administrators agreed to start the necessary preparatory work in advance of the legislation coming into force, given the proximity of the next general election to the Scottish Parliament in May next year. The Parliamentary Under-Secretary of State also wrote to the Scottish Government’s Minister for Parliamentary Business and the Presiding Officer of the Scottish Parliament, among others, in early July informing them of the proposed timing of the legislation.
The Scotland Office also consulted electoral administrators on the impact and risk of the boundary changes being applied to any extraordinary general election called between the legislation coming into force and 5 May 2011, and on the impact of having to run any by-elections between 1 December and 5 February, which is the latest that a by-election can be held, on old boundaries. Administrators supported running an extraordinary general election after 1 December on the basis of new boundaries. As for by-elections, their view was that this was a localised risk that could be managed, should the need occur.
It will of course be our intention to keep all interested parties informed of the proposed timing of the commencement of the legislation and, subject to the order being approved and made, the Scotland Office will write to them in due course to confirm the commencement date. I commend the order to your Lordships’ House. I beg to move.
Lord Foulkes of Cumnock
My Lords, I had considered whether, in speaking today, I should declare an interest. Not only am I a Member of this House but for a short while longer I shall be a Member of the Scottish Parliament. However, I shall not be standing again for the Scottish Parliament, which has delighted a lot of people, and I shall concentrate my efforts, such as they are, in this Chamber, which has upset a lot of people opposite. Therefore, as these boundaries will not affect me, I do not think that declaring an interest is necessary.
It is a great pleasure to see here so many noble Lords from Scotland and I hope that they will participate in the debate today. Many of them were in the other place and served with distinction, and others were in local government. Indeed, there are some who served on the other side in the other place for a long time and I still call them my noble friends. I hope that they will participate, because some very important implications arise from what is being proposed.
As the Advocate-General said, these boundaries have been proposed by the Boundary Commission for Scotland, which has undergone a long and detailed procedure. It has been the procedure for considering boundaries north and south of the border for generations, if not centuries. It is well worn, well trued, well tested and well tried, and it involves the local communities. Proposals have been put forward, submissions have been taken by the Boundary Commission and hearings have taken place, and in many cases substantial revisions have been undertaken to take account of the representations made. Account has been taken of community cohesion and of local views on local authority boundaries. The Advocate-General said that they are not wards but he will concede that all the proposals take account of existing local authority boundaries. Throughout the time that I have been involved in these boundary reviews, community cohesion has been a very important part but unfortunately the equivalence of numbers now seems to be the only criterion that really matters. If that is the case in the future, it will be very worrying for local communities.
Let us compare that procedure, which has brought these proposals to us today, with what is now being proposed and has been considered in another place. I cannot remember the Long Title of the Bill but for simplification I call it the “gerrymandering Bill”, because that is what it is. It reduces the number of constituencies in the United Kingdom by 50—a totally arbitrary number. You might as well say that the MPs’ responsibilities have increased so greatly that the number should be increased, rather than reduced, by 50, but that would be equally arbitrary. I repeat: the proposal that is being put forward is totally arbitrary.
That is bad enough in itself but the really disgraceful part is that the whole democratic procedure, which, as I said, has existed for generations, is to be scrapped and set aside to rush these boundary changes through in time for the next general election. That is a total negation of democracy and is absolutely unbelievable. No account will be taken of community cohesion. No account will be taken of representation. No account will be taken even of local authority boundaries. The new constituencies, in some cases mega-constituencies, will not necessarily take account of local authority boundaries, unless, of course, you are one of the chosen few who—I say looking directly at the Advocate-General—come from Orkney or Shetland or the Western Isles; or happen to be Charlie Kennedy and represent a huge mega-constituency; or, in other words, who happen to be a Liberal Democrat. Maybe there is one SNP in this group just to cover it up, but basically, if you are Liberal, protection will be provided for you. That is the extent of the gerrymandering that is taking place.
I plead with the Advocate-General to go back to his colleagues in government and to ask them to think again about what we are considering here today. I have seen so many changes. I even remember that the late John Smith, the greatest Prime Minister we never had—his widow was here with us earlier, listening to our proceedings—considered that making representations to tribunals was so important that he was in Airdrie town hall the day before he died. All the extra effort might, sadly, have helped to bring on his death. That was how important he considered these democratic hearings.
It really would be outrageous if this gerrymandering Bill were to go ahead. We would then end up with the anomaly of having a democratic procedure for the Scottish Parliament—the Boundary Commission for Scotland would still have hearings, still consider representations, still consider community interest, still take account of local authority boundaries—while all that would have been swept aside for the House of Commons. So in the same United Kingdom we would have two completely different systems: one which continues to be democratic and involves the community and the other which would be a total gerrymander.
I urge the Minister to think again. The Bill will soon come to the House of Lords. I have no authority to warn the Government, but my gut feeling is that, even among Conservatives, Liberal Democrats and Cross-Benchers, there will be some for whom doing away with this democratic procedure will be so abhorrent that they will speak, and I hope vote, against it.
Lord St John of Fawsley
My Lords, I am most grateful to the noble Lord for giving way. As he glared at me benevolently earlier I imagined that he was paying me some sort of tribute. Would not it be a much better policy to stop pouring Members into this House, where we have neither the room nor the facilities for them? They impede the progress of our business and we do not need them. We have plenty of people who come here day after day and frequently cannot get into a debate because there are so many of these—I will not call them the nouveau riche since that would hardly apply as our allowances have virtually disappeared—nouveau pauvre, who haven’t even the excuse of coming here for the money.
Lord Foulkes of Cumnock
I am extremely glad that I glanced—I did not glare—in the direction of the noble Lord, Lord St John. Those of us who were in the House of Commons at the time will recall with great affection that he was one of the great revolutionaries, if I may use that word, or revisionists, or revisers. I am trying to get the term right. Those on the other side will not understand the subtlety of these terms as far as the Left is concerned. I have the right term at last: he was one of the great reformers of the House of Commons and instituted the proceedings of Select Committees. He is absolutely right. We now have 777 Members. If noble Lords, as I do, come in after prayers to try to find a seat, it is very difficult—especially when you are my size—to find a place to sit down.
Let us take the point made by the noble Lord. The rumour is now that we are to get 100 more nominations to this House, particularly from the other side. That is astonishing. So for every elected MP that we are getting rid of, we are getting two more nominated Peers. That seems totally daft, and I am very grateful to the noble Lord for intervening. I hope that the Advocate-General will pay even more attention to someone now very much on his own side than to me.
I want to make two last brief points. One is about by-elections. One of the problems with the electoral system—I made this point in a Question the other day—is that it is astonishing that if I were to retire tomorrow, there would not be a by-election, the person who was second on the list would take over. Tomorrow, if Margo MacDonald retired, there will be no one to take over because she is an independent Member. Tomorrow, if Jack McConnell was to retire, there would be a by-election and, from what we heard from the Advocate-General, on the old constituency boundaries, which could create problems in future for representation. That creates a problem.
I have one other point before I come to a conclusion. The boundaries will come in for either a general election or an extraordinary general election. I think that it is within the power of the Presiding Officer to change the date of elections to the Scottish Parliament. It has been suggested that the date in 2015 would coincide with the date of the general election for the United Kingdom which—in my view, and, I think, that of a lot of people—would have unfortunate consequences. It would be useful to know from the Advocate-General whether the Presiding Officer could take up the suggestion from Professor John Curtis that Scottish Government elections could move to early September rather than be held in May to avoid that clash. That is an interesting thought.
However, those two points are minor. My main point is that we welcome the recommendations. Several noble Lords have expressed individual concerns, as the Advocate-General said, but they represent a proper democratic process. I fear that, if the gerrymandering Bill gets through this House and through Parliament, we will never again have the democratic process for looking at boundaries for the House of Commons. That would be a real loss to our democracy.
Lord Maclennan of Rogart
My Lords, I rather question the premise of the noble Lord, Lord Foulkes, about this process being exemplary and democratic. It seems to me that an arrangement which results in an appointed commission making its final determinations, which this House is simply invited to rubber-stamp or overturn, does not have the subtlety of the democracy that we are more used to in this country. The fact that this House has no power to suggest modifications to the Secretary of State is a limitation. I question whether it is really appropriate that the order should come before this House at all.
I realise, of course, that it is done entirely in conformity with the Scotland Act, but with the benefit of 12 years of that Act being on the statute book, perhaps we might consider that it is time for an amendment. This debate is at risk of turning into a debate about entirely different parliamentary measures over which we have control. I somewhat regret that.
It has to be said that the Explanatory Memorandum to this order displays a degree of tortuousness in interpretation of the Scotland Act that, despite some years of training and practice as a lawyer, I find almost impossible to unravel. The suggestion that the order has to be enacted in the terms in which it does as it,
“would otherwise be unable to give effect to the terms of the Boundary Commission’s report”,
is an argument of political necessity, not of law. The conclusion is that paragraph 6(1) of the Schedule to the Scotland Act,
“must be read so as to allow such textual amendment as any other reading would deprive the Scottish Parliament (Constituencies) Act 2004 … of any meaning”.
It may be that those Acts have not been well drafted and that we should be reconsidering their language. It seems that the order allows a very broad discretion that is perhaps hardly consistent with the legislative activity in which we are engaged.
There are other examples. One referred to by my noble and learned friend when he introduced the order is the procedure for dealing with by-elections under this order and the date when the order takes effect. We are advised that the administrators have said that that is a “localised risk” that could be “managed” should the need occur. That is hardly legislating with clarity. It seems to be providing a discretion that is inappropriate and questionably democratic. I doubt whether this is a model of how to proceed in amending the boundaries of Scottish constituencies. The next time we are looking at amendments to the Scotland Act, I strongly recommend that we consider whether this also ought to be brought within the purview of that amendment.
In passing, because no one has the power to alter these proposed boundaries, I have to say that although the order may respect local authority boundaries, it does not respect existing local authority boundaries in respect of the mainland highland constituencies, in that we have a vast north highlands constituency, which is part of the north highland region. It is considerably too large to be effectively represented by a Member of Parliament. We ought to give some thought to those considerations when we come to consider the Bill that will emerge from another place dealing with Westminster parliamentary constituencies. I profoundly hope that we do not reach a position of such rigid equality of membership that the differences of community and geographical extent are completely set at nothing. That would be entirely to alter the nature of the relationship between a Member of Parliament and his constituency. However, I realise that I am straying into the territory that was entered by the noble Lord, Lord Foulkes, and that is beyond the remit.
Baroness Liddell of Coatdyke
My Lords, perhaps I may rise as a parvenu in this House—someone who I have learnt is neither wanted nor needed. I have been called many things in my life but “nouveau riche” is not one of them. I echo the points made by my noble friend Lord Foulkes about the nature of the process that has been undertaken in agreeing the boundaries for the Scottish Parliament. As the Advocate-General was speaking, I was reflecting on the fact that there is no end to the joy in the Scotland Office when such matters arise.
One of the sadnesses that I experience, having been out of this country for four-and-a-half to five years, is the extent to which the craft of politics has fallen into disrepute. It would be unfortunate if we managed to separate the representative—the Member of Parliament in the other place—from the history and the involvement that he or she has with his or her constituency. Anyone who has ever gone to a Boundary Commission hearing and has listened to some of the cases that are put will have heard the passion that exists on the part of Members of the other place for the constituencies that they represent.
My noble friend referred to the fact that the last speech made in Scotland by John Smith was to the Boundary Commission. As the Advocate-General is well aware, I was some weeks later to become the Member of Parliament for Monklands East and subsequently for Airdrie and Shotts, based on the argument that John Smith put forward that day at the Boundary Commission. I have to say that I was privileged to take his seat; I could never fill his shoes. The work that he did for the Boundary Commission was exemplary. Having been born and brought up in the constituency, I did not know the connection between Airdrie and Shotts and the covenanters, for example, but that is the nature of the involvement that people have with the constituencies that they represent. To seek to break that link is to further diminish the role of politicians in both Houses.
I understand that the coalition is intent on these measures and on removing the opportunity for hearings related to boundaries for the other place. It would be a regressive step. To operate just on the basis of numbers of constituents would be a fallacy. I have come back from Australia, where the size of constituencies can be startling. I once had cause to inquire of a Member from the Northern Territory about the size of his constituency. He said that he had 10,000 electors. I said to him, “But you must know the inside leg measurement of every one of your voters”. At that point, he replied, “Yes, but my constituency is the size of Portugal”. We do not quite have constituencies the size of Portugal, although the Advocate-General covered a vast area when he was a Member of the other place. Indeed, the noble Lord, Lord Maclennan, covered a vast area in Caithness and Sutherland. Within those areas—
Lord Maclennan of Rogart
The proposed North Highland constituency would be larger than Belgium, if not Portugal.
Baroness Liddell of Coatdyke
In some cases that might not be difficult, but I take exactly the point that the noble Lord has made.
In summary, it is easy for those looking on the proceedings of these Houses of Parliament to assume that we are all in it for number crunching and for our own nefarious purposes. However, people feel passionately about the places that they represent. If they do not, they should not even conceive of seeking to represent them in the other place.
The Advocate-General is a balanced and reasonable man. As a former Member of the Scottish Parliament, he will delight in pointing out how the procedures surrounding election to the Scottish Parliament are superior to that proposed for the future election of Members to the House of Commons. I hope that he will take back the strong views of my noble friends on this side of the House about separating the hearings system from the ability to set boundaries for the other place.
Lord St John of Fawsley
The provision rules that a Member may intervene twice in a Committee debate in order to explain his position. I did not have the noble Baroness in mind in the slightest. I merely say to her to clarify my position that she is the exception who proves the rule. To make it even clearer, I will lapse into my native Latin and say to her: “O si sic omnes”.
Lord McAvoy
My Lords, I shall speak briefly on a more localised point involving a bit of history. In 1975, the Royal Burgh of Rutherglen, as well as Cambuslang and Halfway, were incorporated into Glasgow District Council under local government reform. This met with great resistance locally at the time. I am a Rutherglonian born and bred and I make it plain immediately that the traditional saying, “Many of my best friends are Glaswegians”, applies. I have nothing against Glaswegians, but we are a more localised community and that is the way we like it.
The legislation was produced under a Conservative Government in 1973 and the incorporation took place in 1975. In 1995, under a more enlightened Conservative Government—I remember fondly the former Minister, Allan Stewart—we managed to achieve a more localised council. Our areas were incorporated into South Lanarkshire in the county of Lanarkshire, where we had been for 800 years, and that is where we want to remain.
I know that the Advocate-General is here to put before us the independent commission’s report, which we cannot alter or reject. However, there are two points on that which are relevant to my community. The constituency of Rutherglen, despite local representations from our own Labour and Co-op MSP, James Kelly, has, under these proposals, been incorporated into the City of Glasgow regional seat, with all the other areas in South Lanarkshire elsewhere. Our MSP campaigned for Rutherglen to be incorporated in the Central Scotland seat, along with other Lanarkshire seats. The local Labour Party channelled its point of view through James Kelly, which was fine, but we were undermined by the Liberal list MSP for the area, who campaigned that we should stay in Glasgow. Despite campaigning for years that Rutherglen should be separate, this Liberal list MSP campaigned against the wishes of the local community.
My noble friend Lord Foulkes of Cumnock has dealt with the thrust of the injustice and inadequacies of the Bill going through the other place and has explained how the local boundaries will be set for these reduced Westminster parliamentary constituencies. However, the Bill deals only in numbers and there is no capacity for local inquiries. The Explanatory Memorandum shows that a range of consultations took place—even the Scotland Office was consulted—to try to achieve a resolution of local concerns. However, given what is happening in another place, there will be no local inquiries and the issue will be dealt with only through numbers.
I can guarantee that any local political party in our area that campaigns for a Bill that deals only in straightforward numbers and involves Rutherglen being carved up and put in with Glasgow, with Cambuslang and Halfway being put elsewhere and other bits going to East Kilbride, will pay a terrible price, as will anyone who wishes to represent us locally in any form if they go along with the process. What is happening in the Bill is quite wrong.
My noble friend Lady Liddell has mentioned how strongly people feel; I epitomise that in spades. When we campaigned for a smaller council in 1995, every community council, tenants association, residents association and church joined the campaign. There were more than 1,100 people at the meeting in Rutherglen Old Parish Church campaigning for a more localised council. The Bill in another place will remove that at a stroke, which is undemocratic.
While I am quite harsh verbally about some Liberals, I cannot believe that Liberal Members of this House feel that this is right and justified. I cannot believe that of the majority of Cross-Benchers either. To be fair and accurate, a lot of Conservative Members do not like what is happening. To remove local representation at a stroke is undemocratic and illiberal.
I join my noble friend Lord Foulkes in appealing to the Advocate-General, even at this late stage, to use what influence he has to indicate that the removal of local inquiries is undemocratic, illiberal and unacceptable. If he has any doubts, I can organise a meeting in Rutherglen for him. While we will not erect the gallows before he comes, once he preaches that Rutherglen should be carved up he might find himself going up the steps to the gallows.
The Duke of Montrose
My Lords, I am very interested in all that noble Lords have had to say so far, particularly the issues raised by my noble friend Lord Maclennan of Rogart. I do not know whether he was talking more in general terms, but I would be fascinated to know whether the Minister can tell us if the Scotland Act contains powers for amendment. The Explanatory Memorandum, which I, too, found extremely confusing, says that Section 113(5) and (6) are to do with the power to modify secondary legislation but on no account may they modify anything in the Scotland Act or subsidiary legislation under the Scotland Act “unless otherwise stated”. Paragraph 6(1) of Schedule 1 then comes into play, saying that the Secretary of State may make provision for giving effect to the recommendations of the Electoral Commission. That is where the powers to make alterations are.
All this takes us back to the Scottish Parliament (Constituencies) Act 2004. As the noble Lord, Lord Foulkes, will remember, a proposal had been put forward to reduce the number of Members in the Scottish Parliament, which was sternly resisted both by Scottish parliamentarians and by the party opposite. I remember being in this Chamber as we passed that Act, but the fact that it had to be a separate Act of Parliament probably means that there are not really powers within the Scotland Act to do much in terms of alteration. There would have to be a totally new Act. It is a puzzle why the Explanatory Memorandum says that any other reading would deprive the 2004 Act of any meaning. Presumably the Act stands on its own. We are proposing amendments to Schedule 1 to that Act and presumably the powers exist for us to do that.
Baroness Adams of Craigielea
My Lords, I did not intend to speak tonight but I hope that the Advocate-General will take note of the passion that is felt, particularly on this side of the House, about what is happening in the other place. He started by giving us a list of the people who have been consulted on the order. Unfortunately, those people will not be consulted again on the constituencies that are to be represented in general elections. It will be simply number crunching and a question of what we are about to receive from the other place.
I have given evidence to three Boundary Commission hearings, when my constituency of Paisley North was being thrown from one side of Paisley to the other. As my noble friend Lord McAvoy pointed out, people in local communities are passionate about what they feel about the community they live in and the people who represent them. I was reminded that my noble friend once laid a Bill about Rutherglen in the House of Commons—I was a signatory. Like him, I live in a satellite of Glasgow—Paisley, in my case—and, although we loved our big brother dearly, we did not want to live in his house, so I was happy to support my noble friend then.
I come back to the Boundary Commission hearings. My colleagues mentioned the late John Smith. The last time that I saw him was as he was getting out of a taxi returning from giving evidence to his Boundary Commission hearing and I was getting into the same taxi to go north to give evidence to mine the next day. He felt passionately about it. He had spent all that day doing it and he came back ebullient; he was convinced that he had won agreement to what he had put forward, as, in fact, he had. Fortunately, so did I the next day. But, with what is coming to us, we will never have to do that again, because it will not be a matter for the communities who feel passionately about their area, who know it best and whose children go to the same schools; it will simply be a matter of whether you make up the numbers. It is no wonder that people are uninterested in politics. When they are just part of the numbers game, they will never be interested again.
Lord Watson of Invergowrie
My Lords, I echo many of the comments made by noble Lords on this side of your Lordships’ House during the past half-hour or so. I was struck particularly, and not for the first time, by the comments of the noble Lord, Lord McAvoy, who spoke in the only way he knows how as far as Rutherglen is concerned: with passion. He has done so many times over many years. He was able to refer to flaws, as he and some of his former constituents see it, in the way in which the new boundaries have been drawn up. There will be no process to enable him to do that when the UK parliamentary constituencies are revised, as noble Lords have said. Although that is not the subject of this debate, it is important that those points are borne in mind.
If—heaven forbid—the Advocate-General and the coalition were still in power when the Scottish Parliament boundaries next came to be reviewed, is it his understanding that the system that we are being asked to approve this evening would still exist, or would the Scottish system as well convert to the system that is being foisted on us for the UK boundary changes, which are designed to reduce the number of seats in the House of Commons from 650 to 600? It is pertinent to ask whether we will have the opportunity to deal with a similar order the next time round.
A more specific point that I wish to raise with the Advocate-General stems directly from the Explanatory Memorandum to the order—he referred to it to some extent in his opening remarks. Paragraph 8.3 states that,
“the Scotland Office consulted electoral administrators”,
on how the changes might be applied, particularly in respect of an extraordinary general election in the Scottish Parliament that may take place between now and 5 May, when the normal general election is scheduled, or if any by-election took place within that period. My noble friend Lord Foulkes commented on the anomaly whereby, in some cases, there would be a by-election for the Scottish Parliament and, in others, there would not. If an independent Member chose to stand down, how would it be dealt with? The noble Lord, Lord McConnell of Glenscorrodale, who recently joined your Lordships’ House, has announced that he will not seek re-election for the Scottish Parliament next year. If he should decide—and there is no indication that he will do so—to resign within the next month, it would cause a by-election. Could the new boundaries be brought into play for by-elections? Paragraph 8.3 of the Explanatory Memorandum states of the electoral administrators:
“As for by-elections, their view was that this was a localised risk that could be managed should the need occur”.
How on earth could a single by-election be run on new boundaries while the existing boundaries were still in place for everyone else? I am concerned that the electoral administrators can give that sort of advice. The memorandum states also:
“Administrators supported running an extraordinary general election after 1 December on the basis of new boundaries”.
I am pleased to see that that view has not been taken on board, because, as the Advocate-General has announced to us, the boundary changes would not come into effect if there were an extraordinary general election. But why does he believe that the electoral administrators gave that advice, which seems bizarre and would cause considerable confusion, if not chaos, in representation within the Scottish Parliament?
Lord Lyell
I have a question for my noble friend—I think that he is my noble and learned friend, although I am never quite sure about the old titles Lord Advocate, Advocate-General, and Solicitor-General. Certainly he is learned in the law. Would he briefly look at page 10 of the admirable document that we have in front of us? It has a coloured map—my sight is still reasonable—and I am fascinated by the little green sector marked “7”. I think it is classified, thank goodness, as applying to the Scottish Parliament. I was going to ask what we might be doing about boundary changes for what are known north of the border as Westminster elections, but which I call general elections.
I ask my noble and learned friend to glance straight above the figure 7 in the green sector—I am not necessarily colour blind, nor in any way religious so far as the noble Lord, Lord Foulkes, is concerned—where he will find a sort of pencil of land jutting straight in, surrounding the lovely town of Forfar. I am delighted to see that Forfar is now classified as being in Angus North and Mearns. I am sure that my noble friend Lady Carnegy will be delighted to know that it is in north Angus. Above all, will my noble and learned friend have a look at the north sector of that particular appendage? I believe that it follows the river South Esk. Having had some valuable insight as to the boundaries for the Scottish Parliament elections, can he say how they follow existing boundaries for borough, council or local elections? I am curious about that.
Perhaps my noble and learned friend can advise me. Are these boundaries for the Scottish Parliament? Under present rules, Members of your Lordships' House can vote there. However, under what may be proposed for your Lordships' House in the future—possibly in my lifetime, fairly soon—we shall not be able to vote in what we call general elections. Therefore, it would certainly be in my interest to know the boundaries for the general elections for Westminster. Today's legislation is purely dealing with the Scottish Parliament, so I am grateful for that.
I am even more grateful that my noble and learned friend has pointed out in the Explanatory Memorandum, in paragraph 7.4, that the DVD-ROMs, such as they are,
“have been deposited with the Secretary of State for Scotland for safe keeping”.
I think that it is now known as Fort Wallace and we are very happy that at least he can retain them.
Various noble Lords who have spoken have expressed the view that the by-election issue is a localised risk. This has been beautifully aired this evening in your Lordships' House and I hope that my noble and learned friend will be able to give me some advice about that. If he cannot do that tonight, perhaps he can write to me.
Lord McFall of Alcluith
My Lords, I speak to underline the comments made earlier about the sense of identity and community. When I entered this House I took the title Alcluith, which is the Gaelic name for Dumbarton. Literally translated it means rock on the Clyde. It comprises the towns of Helensburgh, Dumbarton, Vale of Leven and Clydebank—all proud of their heritage of shipbuilding, and all having a sense of community with the past.
Those areas were encapsulated in the county of Dumbarton. That stretched quite a bit in our area. The county of Dumbarton, going way back to the 1960s and earlier, had a sense of identity. Someone who was on the council in the county of Dumbarton is now the provost of the new Argyll area, Provost Billy Petrie. I have known Billy for many years. He was a fine politician who has been there for 40 years. He has served throughout that time. I mention his name because, as my noble friend Lord McAvoy said, with the Local Government etc. (Scotland) Act 1994, the Minister Allan Stewart, another fine individual with whom I have had very positive relationships in opposition and government while engaging in the political process, decided to take Helensburgh and the lochside area of Luss out of the area of Dumbarton and put it into Argyll. I base my comments on conversations that I had with him. The simple reason for that was that a number of local Conservative politicians in Helensburgh got a bit fed up with the obtuse attitude of a number of Labour councillors in the local area. I had sympathy for that attitude at the time, but I told them not to throw the baby out with the bathwater and that if they put that area into Argyll they would mix two areas with very little in common. All the economic interests from Helensburgh are eastwards and engage with Dumbarton, not northwards up to Argyll. Nevertheless, they went ahead with the change, all because of a short-term conflict, but with no long-term strategic consideration. I suggest to this House that that amalgamation made no sense.
Lord Martin of Springburn
I first apologise, as I was unavoidably delayed. I have listened to my colleagues and friends. The case put on consultation is so important. A boundary change was to be brought in in the city of Glasgow in 1983. The noble Duke, the Duke of Montrose—I think that is who it was—mentioned the Scotland Act. The original boundary report said that there should be no more than 71 seats for Scotland. The case that Glasgow had to put in the old city hall, the Candleriggs Hall, was that it was to be no less than 71, which meant that the city of Glasgow would lose not two seats but one. That meant a great deal, as the noble Lord, Lord Maxton, will know.
Consultation was so important then, as it is now. We had a QC, the late Hugh Martin, whose brother George was in the House. Hugh put the case, and he won because the presiding sheriff accepted his arguments. At the lunch break, when we still did not know the result, we went to a restaurant and had what they call in Scotland a “fish tea”. There was Donald Dewar, myself and Bruce Millan, former Secretary of State, and we agreed to pay for Hugh Martin’s lunch—it was the decent thing to do. I tell you, it was a lunch worth paying for, because we won. Even Donald Dewar, who was known to watch his pennies, weighed in with the bill.
In the west of Scotland, unfortunately, we have had sectarian problems, and we have managed to overcome them. A late colleague of ours, Frank McElhone, was a great leader in overcoming those problems. When he asked his honourable friend for Rutherglen, the noble Lord, Lord McAvoy, if the community organisations could come along, the Union of Catholic Mothers and the local Orange Lodge put the case in Frank McElhone’s constituency. That was bringing the sectarian groups together and calling for unity. They were unified that day, and they won.
I accept what the noble Lord, Lord Maclennan, has said about distance. I was a union officer both in Argyll and in the Highlands, and I had not realised how lucky I was, living in Glasgow, that I could get from A to B in a short time. To go from Fort William to Inverness was a major journey in itself for a lowlander like me, and there were places further north that were even more difficult to get to, yet these places are encompassed in the same constituency boundary. The law officer himself knows this; it was a surprise for me when I went to Orkney and I spent the night on the ferry. I had not realised that it would take so long—on the map, Orkney looks so close to the mainland. In fact, I met the noble and learned Lord there the other day when I was up there.
It surprises me that the Deputy Prime Minister, Nick Clegg, had a slogan throughout the general election that every vote should be equal and therefore we should have equality among the constituencies. Constituencies that are represented in the other place by Liberal Members are so far spread, yet no one even approached them and said, “Look, by putting this argument, you are destroying the argument for us to be good representatives for far-out constituencies”.
The noble Lord has mentioned Argyll. We in the west of Scotland are so fond of our country. It is lovely that within three-quarters of an hour you can go from Glasgow to the banks of Loch Lomond, but from the outskirts of Helensburgh to Campbelltown is such a distance that you could actually drive from Glasgow to Fort William quicker. By the time that you get to Campbelltown, you are further south than the town of Ayr, which my noble friend knows about—yet it is all the one constituency. This document says that it is giving us consultation, but the other place is saying, “You are not going to have consultation”.
I go back to my native city of Glasgow. People would go into Glasgow and think, “Well, it’s just one big city”. That is as naïve as going to London and saying that it is just one big city. Since I was 14, I have lived most of my life in Springburn. It is a far cry from Shawlands; it is a different world. The people of Partick feel differently from the people of Parkhead. They are different communities. In the old days they used to be boroughs in their own right, with their own police officers. I come back to what the noble Duke, the Duke of Montrose, said. There was an area called Grahamstown, which was named after his ancestors. In my younger days I stayed in the borders of Grahamstown and the Anderson district. The Anderson district is a far cry from the Gorbals, although the sketch writers never quite got that right. They did not know the geography of Glasgow.
I know from my experience of going to Boundary Commission hearings that even those Members of Parliament and those communities that felt they had lost out always felt, at the end of the day, that they had been given a good hearing at those boundary change tribunals. It would be a very sad day if we just threw numbers into a computer and said, “There you are. That is what your elected representatives have to fight for”.
Lord Teverson
My Lords, I will make a short intervention. I was born in Dagenham—made in Dagenham, effectively—which was then part of Essex and is now in occupied Essex, since it is occupied by the London Borough of Havering. I am interested in the debate on this order. I say to noble colleagues from Scotland: be thankful that, whatever this order and the Bill in the other House say, at the moment there is no question of boundaries crossing the Scottish-English border. I ask you to keep that in mind when it comes to other nations in the United Kingdom. Cornwall is a Celtic nation. I ask for noble Lords’ support when the other Bill comes to this House. There is a possibility of boundaries crossing the Tamar river. I ask the Government to take that into consideration as they think about the Bill before it crosses to this House.
Lord Hunt of Kings Heath
My Lords, I am very grateful to the noble and learned Lord the Advocate-General for Scotland for his introduction to this order, and for his explanation. I am also grateful to his officials for the helpful information that I received this morning. It has certainly been a wide-ranging debate. I am sure the noble and learned Lord is looking forward to responding to all the pithy questions put to him.
I would particularly encourage him to respond to the noble Lord, Lord St John of Fawsley. It is quite remarkable, given the current size of the House, that the Government are proposing to bring dozens of new Peers into the House. I am a member of the Leader’s Group, which is looking at retirement options because of concern about the size of the House. I find it remarkable, given that the Government now have a notional majority which we are seeing as the votes come through, that they seem determined to pack this House. It is difficult to see how this House can perform as a revising Chamber if the Government are determined to win every vote. What is the point of the second Chamber in that respect? I hope the Minister will respond to that.
As he said, the orders follow the submission of the Report on the First Periodic Review of Scottish Parliament Boundaries by the Scottish Boundary Commission. The intention is that they will apply to the Scottish Parliament elections in May 2011. I start by paying tribute to the Boundary Commission for Scotland. Clearly, not all noble Lords agree with the entire outcome of the commission’s work. However, I do not think that any noble Lord has criticised the thoroughness with which it embarked on this exercise.
Lord McFall of Alcluith
Perhaps I may paint a deeper picture for my noble friend regarding the River Clyde. There is a history to that, which entailed patients from my area on the north side of the Clyde going to Paisley. The Argyll and Clyde Health Board at the time decided to impose that. Its very obtuseness and refusal to listen resulted in the demise of that health board and the population being absorbed into Greater Glasgow. That was an example of hostility and lack of identity on both sides of the Clyde. It may be that the pages referred to by my noble friend use that as a case history and the commission said: “This far and no further”.
Lord Hunt of Kings Heath
I am grateful to my noble friend for illuminating our concern, because local inquiries allow for local matters and history to be brought to the attention of the commission. That cannot happen if you have simply a paper exercise.
Of course, the Government are determined to scrap the whole local inquiry process for Westminster constituencies, which means that the public will lose the opportunity for meaningful participation in it. That risks undermining the transparency and legitimacy of the current position. We then have the utterly absurd position, as I understand it, whereby the Government wish to hasten the abolition of public inquiries for Westminster constituencies in Scotland but such inquiries will continue for Scottish Parliament constituencies. I should like the Minister to confirm that that is the position of the Government and to have a go at justifying it.
While he is at it, the noble and learned Lord might comment on the boundary position more generally. On this side of the House, we have no problem with the principle of creating equal-sized seats, which has long been written into law and is the main purpose of the Boundary Commission’s work. However, the Parliamentary Voting System and Constituencies Bill pursues the objective of a rigid equalisation of seat sizes, which means that millions of eligible voters, predominantly younger people and those from lower-income groups, will be ignored by the Boundary Commission’s proposals and calculations. That will distort the results. Boundary Commission hearings will no longer be required to take account of history, local ties or geography, because the electoral quota will trump all other considerations. As a consequence, towns and villages will be divided between constituencies. Natural boundaries such as mountains, rivers and valleys will be overlooked. The vast majority of existing parliamentary constituencies held by representatives of all parties, regardless of the electorate, will undergo significant disruption as a consequence of the new rules and thousands of voters will be moved into and out of existing seats. In England, we have just gone through a boundary revision and we are just getting used to new constituencies, only to have them all ripped up.
This is a great pity and a tragedy. The future for Westminster constituencies represents a huge contrast to the way in which the Scottish Boundary Commission has gone about its work. I ask the Minister: why the difference in approach between boundary reviews for the Scottish Parliament and Westminster? It has no logic. It exposes the unsatisfactory and undemocratic nature of the parliamentary voting system Bill, which, I can promise the noble and learned Lord, we will subject to the most rigorous scrutiny possible.
Lord Wallace of Tankerness
My Lords, I thank all noble Lords who have taken part in the debate. It has been a very good one. My noble friend Lord Maclennan, who apologised that he would not be able to stay for the wind-up, put his finger on it when he pointed out that there was nothing that we could do. I suppose that we could vote it down, but neither Ministers nor noble Lords can amend this order. Possibly that is why we have ranged slightly more widely than the order itself. I did not expect when I came into the Chamber that I would have to respond, in a debate on a measure dealing with Scottish Parliament constituency boundaries, to questions about the number of peerages that are being created. I note what was said but I point out that a large number of Members have joined this House in recent months, of whom a number contributed today. Indeed, this debate benefited from what they said, so it would be unfair to say that the large increase is necessarily a bad thing when the contributions that we heard today were very good indeed.
I welcome the noble Lord, Lord Hunt, to debating Scottish matters. No doubt the excitement that he felt when he piloted the Marine and Coastal Access Bill and had to deal with all these important devolution issues whetted his appetite for dealing with even more Scottish points. I join him in thanking those who served on the Boundary Commission for their work, which comes to fruition in the report and in the order that we debate today.
There have been contributions from all parts of the House. I hope that I may mention without offending anyone the point made by the noble Baroness, Lady Liddell of Coatdyke, who talked about the passion that Members of the other place have for their constituencies. I reflect that there were a number of contributions to this debate from noble Lords who were once Members of the other place and some of that passion has not been lost. I understand it and think that it undoubtedly coloured and flavoured the debate. Perhaps we have had a foretaste of debates that are still to come and noble Lords have had a chance to rehearse their speeches for a piece of legislation that will come to us probably sooner rather than later.
I will deal with some of the specific points that were raised. My noble friends Lord Maclennan of Rogart and the Duke of Montrose pointed to the reference in the Explanatory Memorandum to complex wording and references. I note that paragraph 3.1 states:
“The Scotland Office recognises that the enabling powers could have been more clearly expressed so as to permit the amendment of those provisions”.
Certainly, I agree that we should look at the wording of the relevant provisions. It is well known that a Bill will be presented in this Session of Parliament to amend the Scotland Act. I say without commitment that that might be an opportunity to look at the matter and take on board some of these points about very complex wording.
The noble Lord, Lord Foulkes, said that there is a reference in the 2004 legislation to the Electoral Commission. In fact, responsibility stayed with the Boundary Commission and did not go to the Electoral Commission. Therefore, it is the report of the Boundary Commission that we are dealing with today.
The question of by-elections was raised by my noble friend Lord Maclennan and by the noble Lord, Lord Watson of Invergowrie. There is no question, as my noble friend seemed to suggest, that this is legislation with regard to by-elections. I will make the position very clear. If the order is approved by your Lordships’ House and subsequently approved and made when it is submitted to the Queen in Council, that will set the boundaries for the next election to the Scottish Parliament—be that the election scheduled for May next year or an extraordinary election that takes place before then. The election will be fought on the new boundaries and the electoral administrators are confident that that can happen from 1 December. With regard to by-elections, if they occur between now and 5 February—because any vacancy that occurs after 5 February would be held open until the election in May—they would be undertaken on the existing constituency boundaries.
Lord Watson of Invergowrie
I can accept that—the order is quite clear on it. My question concerned how he and his officials, or indeed the Boundary Commission, dealt with the electoral administrators’ suggestion that they could hold an extraordinary general election on the new boundaries and, it seems, that they could even deal with a by-election before 5 February, which is the cut-off date under this system. That is what I fail to understand. Obviously they lost that argument, but the fact that they could put the argument seems a little alarming.
Lord Wallace of Tankerness
Although the order was laid on 1 July, the Boundary Commission’s report was made available on 26 May and has obviously been in the public domain. Although the legislation is not in place, the electoral administrators have been working towards its implementation on the basis of what is in the order.
The noble Lord, Lord Hunt, asked what the main issues are. One of the most important issues is the compilation of the electoral register for the new constituencies. It is my understanding that the new electoral register will be published on 1 December and will reflect the new constituencies for the Scottish Parliament. It will be compiled on that basis. Obviously, if a by-election occurs, it will have to be fought on the existing constituency. It will require some work to put the electoral register together again for the existing constituency but, in the event of that happening, the electoral administrators are confident that it will be possible. It will not have to be done for the whole of Scotland but will be confined to one constituency. I hope that that answers the noble Lord’s question.
More generally on by-elections, the noble Lord, Lord Foulkes, made an interesting point about the different arrangements that can occur. Several noble Lords who have spoken in this debate contributed to, or at least were present at, the debates when the Scotland Bill went through another place and no doubt there are other noble Lords here who were present when the Bill went through this House. A number of us were also members of the Scottish Constitutional Convention, which proposed a scheme leading to the kind of situation that the noble Lord, Lord Foulkes, mentioned. Therefore, we all share the credit for that.
Lord Foulkes of Cumnock
The Minister’s noble friend Lord Steel of Aikwood has said to me privately—he has also said it publicly—that, having seen it operate, he now regrets that system and would like it to be changed. Does the Advocate-General agree?
Lord Wallace of Tankerness
It is certainly not the Government’s policy to change the system but I think that my party’s view on which system it would prefer is well known. Let us also recall that the voting systems commission was established under Sir John Arbuthnott at around the time of the 2004 legislation and it did not recommend any substantive change to the system. However, I can think of an election system in Scottish local government which would ensure that all vacancies were contested by way of a by-election, but I think that I am probably straying too far on that point.
Also on by-elections, I say to my noble friend Lord Lyell that these boundaries will apply to elections to the Scottish Parliament and not to general elections or elections to the United Kingdom Parliament—indeed, they will apply to the elections in which my noble friend can vote. I am not sure which constituency he is in, but I can certainly confirm that they apply to elections for the Scottish Parliament.
Perhaps I may pick up on some of the other points that were raised. I wondered whether the noble Lord, Lord Foulkes, was going to declare an interest, but he has no interest to declare because these matters will take place after he ceases to be a Member of the Scottish Parliament. The Scottish Parliament’s loss is no doubt our added gain, but we will wait to see. The noble Lord raised the issue, as did a number of noble Lords, about the inquiry system, but he also asked about the power of the Presiding Officer to change the date of the election. It is my understanding that the Presiding Officer can change the date by one month either way. My right honourable friends the Secretary of State for Scotland and the Deputy Prime Minister have spoken relatively recently to the First Minister and to the Presiding Officer about the possibility of the two elections being on the same day in 2015 and whether there are other ways of dealing with that to try to avoid that happening. No firm view has been taken yet, but the matter is under active consideration.
On the issue of inquiries, it is the case that a system of inquiry led to this order, which has been so greatly welcomed, lauded and praised that I am sure it will have no difficulty in getting through. That said, I could not help but reflect that my noble friend Lord Maclennan complained about the size of the north Highland constituency that has been produced under this system of inquiry. The noble Lord, Lord McAvoy, also indicated that he had argued, under the existing system, for Rutherglen not to be in the Glasgow regional area but to be in a different area. Of course, the present system did not assist him in giving him what he wished, although my friend in the Scottish Parliament who is a list Member for Glasgow obviously managed successfully to persuade the Boundary Commission.
Lord McAvoy
My Lords, would the Minister accept that the MSP to whom he refers went completely against local interests?
Lord Wallace of Tankerness
My Lords, that is clearly beyond this point. People from different political parties took different views.
I would also like to reflect on what was said by Professor Ron Johnston, who is a professor of geography at the University of Bristol whose research interests include electoral and political geography. On oral inquiries, he said that they are,
“very largely an exercise in allowing the political parties to seek influence over the Commission's recommendations—in which their sole goal is to promote their own electoral interests”.
Far be it from me to suggest that that was what happened, but I just ask noble Lords to wonder whether there might have been something of that when people needed to get lawyers—even if they had to pay for their lunch—to argue their case.
Lord Martin of Springburn
My Lords, we were not alone in bringing in the big guns. The Liberal Democrat Party had an eminent QC called Ming Campbell. I do not know whether he got a lunch, but our QC got a decent lunch anyway.
Lord Wallace of Tankerness
My Lords, there is no such thing as a free lunch. I take the point that one could not say that the Union of Catholic Mothers and the other organisation to which he referred were in any way partisan.
Lord Hunt of Kings Heath
My Lords, surely the substantive point is that, whatever the motivation of the parties who may come to the hearings, the proposals are put under public scrutiny. That will be missing from the Bill that will reach us very soon.
Lord Wallace of Tankerness
Let me make it clear that anyone, including members of the public, will still, under the proposals being discussed currently in another place, be able to have their say on the proposals. In fact, the proposal in the Bill is to extend the period for representations on proposals from one month to three. Furthermore, if proposals are revised, the Boundary Commission will be obliged to consult once more.
Lord Hunt of Kings Heath
My Lords, the point is that there can be a paper-based exercise in which comments are sent in and considered as part of the bureaucratic process, but the point about the local hearings is that the commission’s provisional proposals are really put to the test in a way that I doubt will happen if there is simply a paper-based exercise.
Lord Wallace of Tankerness
My Lords, I do not think that that is a fair characterisation of what one would hope would happen. I do not think that it is fair to say that members of the public who write in would be part of just a paper-based exercise by some bureaucratic crunching machine. Surely if people bother to write in—and they will be given more time to do so—one would expect that their views would be given proper consideration by the Boundary Commission. At the start, we properly paid tribute to the Boundary Commission and I think that that is indicative of the fact that, whoever the commissioners are, they will act impartially and independently and will give proper consideration to representations made to them.
A question of timing also arises. In the general election that took place this May, the boundaries used, certainly for England constituencies, were based for the first time on an electoral register that was 10 years old. More frequent reviews can help to address that issue. Many issues contribute to fairness in elections—I do not depart from the passion about communities that has been expressed by noble Lords, not least my noble friend Lord Teverson, whose comments I am sure will have been noted—but it is also important to recognise that out-of-date electoral registers or boundaries based on electoral numbers that are 10 years old are not exactly the best way to try to secure the fairness that one expects from a modern democracy. Therefore, a system that will allow reviews to be shorter will ensure that we are more up to date. I think that that would befit a modern democracy, but I have no doubt that we will go through these arguments on many further occasions.
I hope that I have answered most of the procedural questions, although perhaps not to the satisfaction of those who will continue to raise the issue of reviews. The noble Lord, Lord Watson, asked about the future position of Scottish boundary proposals. There are no proposals to change the system, but it is important to point out that the next review will not take place until, at the very least, eight years’ time and, at the very most, 12 years’ time—that is, at some time between 2018 and 2022. We will have had plenty of opportunity by then to evaluate the alternative system that is proposed. One would hope that good practice will inform any subsequent view as to what should happen in Scotland, but there are no plans to change and no pressing need to change either.
With those words, I again commend the order to the House and beg to move.