Parliamentary Voting System and Constituencies Bill
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Lord Maclennan of Rogart
My understanding is that the Boundary Commission’s discretion to consider this would be removed by Amendment 71B. I think that would be a mistake. I hope that the Government have not set their position in concrete on this issue and will be prepared to return to it later.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, I am deeply flattered by the number of noble Lords who have said how excited or interested they are about my reply. I think I have mentioned to the House before that Michael Foot once said to me that he hated reading a brief when he was a Minister because he liked to be as excited as everybody else about what was coming next.
Let me also clarify that it is true that the noble Lord, Lord Foulkes, and I first met 45 years ago on a student delegation to Moscow. I always assumed that I was there to keep an eye on him and he was there to keep an eye on me, and it has been a friendship that has endured. Indeed, looking across the Chamber, I see the faces of many men and the odd woman whom I have known since my youth. It is really sad that my memory of these old friends was of their idealism and yet tonight we have had doubt after doubt about the good intentions contained in the Bill and its integrity. There has been a constant questioning of motive when, as I have said so often to this House, our motives are very clear and simple: fair votes in fairly drawn constituencies.
If we take the broad sweep of the Committee and the special pleading we have had from time to time about the particular problem of looking after an inner city and the special pleading from the large rural constituencies about their problems, we realise that all Members of Parliament in their different ways have jobs to do and I suspect it works out fairly reasonably. On the question of size, there is a simple reason for the recommendation which has nothing to do with the present incumbent of that constituency. It would have applied whether the present incumbent was Labour, Liberal Democrat or Conservative. It was simply that the independent Boundary Commission in Scotland recommended that that was about the maximum manageable size that a constituency could operate. As the noble Lord, Lord Bach, indicated, this is a problem mainly for the highlands of Scotland.
Lord Foulkes of Cumnock
Which figure was recommended by the Boundary Commission for Scotland? Was it 12,000 or 13,000? And where and when was it recommended?
Lord McNally
I shall have to write to the noble Lord. It was in the last Boundary Commission report dealing with the Scottish boundaries. Again, noble Lords opposite are continually looking for hidden factors, secret deals and political fixes. As I say, that is so sad from people who set off on a political journey with such idealism. As has been pointed out, special geographical considerations can be taken into account.
Lord Forsyth of Drumlean
On this point about the Scottish Boundary Commission and its recommendations, the Bill instructs the Boundary Commission to operate according to certain rules, but if the Boundary Commission is of the view that the size of Ross, Skye and Lochaber is about right, surely it can come to that conclusion without being instructed to do so in the Bill.
Lord McNally
The Bill helps it in its work. This is not a time to go back to the drawing board. Most of the arguments have been rehearsed. Charles Kennedy himself pointed out the difficulty of operating in the present constituency with his five-hour drive. One of the possible consequences of the amendment is that we would be faced with even larger geographic constituencies.
We propose as a maximum size roughly that of the current largest constituency area. Since it was recommended by the Boundary Commission, we believed that it gave the best benchmark to use in our proposals. Ultimately, this is a matter of judgment. We see no reason to risk turning what are now challenging but manageable factors into potentially unmanageable and damaging factors for MPs and their constituencies in these areas. I urge the noble Lord to withdraw his amendment.
Lord Bach
My Lords, I thank all noble Lords on all sides who have spoken in what everyone who has listened must consider to be a proper and sensible debate at Committee stage on an important matter. The Minister did not convince me in the slightest as to why the rule is in the Bill and I have a feeling that he did not persuade the Committee either. That is quite a serious state of affairs, because rule 4 stands out as being the one whose presence in the Bill cannot be understood at all. I do not, I am afraid, get the point about the Scottish Boundary Commission. I hope that the Minister will in due course help the Committee by telling us chapter and verse about the Scottish Boundary Commission, but the rule seems effectively to apply to only one constituency in the whole of the United Kingdom. If the Government wanted to exempt that constituency, why did they not just exempt it, as they have the two others and now the Isle of Wight?
I said in opening that, even if the original intention was to protect a particular constituency, it has become apparent that that objective would not be delivered. I suppose that if there is one thing worse than trying to protect a particular constituency, it is trying to protect it and failing to do so. I fear that that may have happened on this occasion. I cannot think—I think that other noble Lords are of the same mind as me—what other explanation there can be for the rule appearing.
As for other speakers, I accused the noble Lord, Lord Hamilton, the other night of being a purist. It was meant entirely as a compliment rather than an insult; indeed, he took it as though it were a compliment, which I was slightly surprised at. The noble Lord, Lord Lipsey, proposed a very sensible amendment the other night, which the Front Bench on the other side said that it would look at and take up. We very much hope that it does so, because the points that he made in his short speech tonight showed how important that should be. I am grateful also to my noble friends Lord Stevenson, Lord McAvoy and Lord Foulkes.
I was intrigued by and grateful for the speech of the noble Lord, Lord Maclennan, because he has real history in that part of the world. He said that he did not like the Bill as it was worded but that he liked our amendment even less, but I was not quite sure what he wanted. I look forward to hearing in more detail at some stage what he would like to see in place of both the Government’s attitude and ours. He said that we should be looking for votes of equal value that are balanced by a sense of constituencies being represented by an individual. We know exactly what he meant by that and we agree with him; it is exactly what we are looking for in this case. We do not see how this clause helps us to achieve that.
The noble Lord, Lord Forsyth, asked the noble Lord, Lord Maclennan, why the rule could not just be taken out and reliance made on rule 5. I think that the answer to that is that rule 5 is subject to rule 2, which is the one that sets the quota, but rule 4, which is the one that sets up this particularly odd territorial constituency size, is not subject to rule 2 in the same way. They have equal worth. If tonight we took out rule 4, we would be left with rule 5, but that would be subject strictly to the 5 per cent rule and, therefore, would not prevail. I think that that is the answer to the question that the noble Lord posed.
I do not intend to divide the House tonight on this issue. We have had a very sensible Committee debate. The Government must have heard concern from all sides of the House about this clause and I am sure that they will go away and consider carefully whether this is really the right clause to be in this Bill and whether they could come up with a better version of it. It is unsatisfactory and we will undoubtedly bring the matter back at Report. By then, all sides of the House—and I do not just mean my noble friends alongside me and behind me—will want to have a better explanation as to why rule 4 is in the Bill. I beg leave to withdraw the amendment.
Baroness Scotland of Asthal
My Lords, I rise to answer for the Opposition, and noble Lords will know that this is my first venture into this Bill. We have had a very thoughtful debate, and I hope that the noble Lord, Lord McNally, will not think that the interventions have in any way been cynical or lacking in appreciation for the political niceties. It is of course my noble friend Lord Lipsey who has sallied forth to save what has been quintessentially a Liberal Democrat seat now for some time.
We have had some powerful arguments. The most important thing that has come out is the need for flexibility: a more flexible approach than the rigidity which the Bill demands. We heard some powerful descriptions from my noble friends Lord Lipsey, Lord Touhig and Lady Hayter, the noble Baroness, Lady Finlay, and the noble Lord, Lord Elystan-Morgan, about the nature and culture of the area with which we are dealing.
My noble friend’s amendment stipulates that no constituency shall have an area greater than that of the present parliamentary constituency of Brecon and Radnor. I understand why the noble Lord, Lord Tyler, says that that surely cannot be. Perhaps I may mention as gently as I can why I disagree with him. Brecon and Radnor is one example, but an important one. The current MP, Roger Williams, a notable Liberal Democrat, followed the much loved and much lamented Lord Livsey, who represented that constituency so well. It is important to recognise that they represented England and Wales’s largest constituency. For those who live there, as has been clearly outlined, there are real difficulties in seeing their constituency MP because of the distance. It is also the most rural constituency in Wales and the 30th most sparsely populated in the whole of the United Kingdom. I am reliably informed that it would apparently be possible to fit Wales’s smallest constituency, which by geographical area is Cardiff Central, into Brecon and Radnor 176 times over. A noble Lord said from a sedentary position, “And the buses”.
Transport is a very big issue in Brecon and Radnor, and traversing its area can be extremely difficult and lead to expensive fuel bills. My noble friend Lord Lipsey said that the size of the constituency is 3,014 square kilometres. I have in my brief 3,007. I am sure that noble Lords who come from Wales will tell us who is correct. However, it is a large constituency with many difficulties. For this reason we believe that the geographical features that are particular to Brecon and Radnor should be considered by the Boundary Commission for Wales when drawing up the constituency boundaries. However, this is not necessarily best achieved by simply imposing a size quota.
Democratic Audit recommends that some small leeway might be allowed for the construction of constituencies in the Welsh valleys. We on this side of the House very much support that, although I absolutely understand what the noble Lord, Lord Elystan-Morgan said—we will talk about Wales in greater detail in due course. This debate has been short and to the point. Crucially, we argue that a more flexible approach to the new rules for boundary redesign in general would enable such consideration. I hope that the Minister, when he answers, will be kind enough to say that he will take back the salient points that have been made in this debate and consider very seriously indeed whether the context in which they are put will enable him to allow the provisions to be a little more flexible than they have appeared to be to date to Members of this House.
Lord McNally
My Lords, the first thing I would say about this debate is that it emphasises once again that not only the inner city seats have particular problems. Those on the Benches opposite tack from one side to another to suit whatever special argument they seem to be putting. I remember last week that we were urged to make all kinds of special arrangements for the inner city seats, because of the heavy case load, the large number of unregistered constituents and the like. Now we hear of the problems of constituencies such as Brecon and Radnor. I come back to a point I have made before; every Member of Parliament has particular issues and problems that affect their workload but, in the main, it evens out. It is not useful to keep making special pleadings that simply reflect the diversity of our country and the responsibilities that face each Member of Parliament.
Lord McNally
Every time I reply to a debate, the noble Lord, Lord Foulkes, finds something on which to ask a question. I can only answer the debate—and this time it is about Wales. Go on then; we might as well keep to the rules.
Lord Foulkes of Cumnock
The noble and learned Lord, Lord Wallace of Tankerness, did not worry about a flurry of interventions from behind him the other day, so I am sure the noble Lord, Lord McNally, will be able to deal with one or two from the Opposition.
The noble Lord rightly points out that we argue that Members of Parliament in inner cities have large workloads and that in rural areas they have particular responsibilities, extra work and extra difficulties. If you put those together, is that not an argument for not reducing the numbers from 650?
Lord McNally
No, it is an argument for having fair votes in fairly drawn constituencies. One or two Members concede that the principle of votes of equal weight is important—and that is what keeps coming up against the Opposition’s objections. The flexibility that is consistently being urged upon us by the Opposition would, if we accepted every one of their ideas, fatally undermine the concept of votes of equal weight, and they know that. I am willing to leave it to the independent Boundary Commission to work out some of the issues that have been raised. As I have pointed out before, there are matters within the guidance that would give it certain flexibility, but not to throw the baby out with the bathwater—and the baby in this case is votes of equal weight.
Lord Elystan-Morgan
Every Member of the House would agree that the touchstone here is the concept of equality. However, equality can mean an arithmetical exactitude when looked at objectively from the viewpoint of the Member of Parliament towards his constituency, but there is another concept of equality from the viewpoint of the ordinary elector—in other words, “Do I have an equal access to my Member of Parliament compared with a person in an urban constituency?”. That must be considered.
Lord McNally
Of course one cannot argue that someone who lives in north Kensington has more difficulty than someone living in a rural constituency. However, this applies in many constituencies. Although it is quite right that the question of travel should be brought up, I know well that Members of all parties who have represented large constituencies have shown tremendous diligence in making sure that they get around their constituencies and are accessible for surgeries and so on—and, of course, galloping down the line towards us is a whole range of new technologies that are transforming the relationship between Members and their constituents. However, I hear what has been said.
Down the Corridor, Members have regular contact and discussions online with constituents, which is a healthy development in our democracy. As my noble friend Lord Tyler pointed out, the amendment would adjust the maximum geographical size of any constituency to the size of Brecon and Radnor. Under the Bill the maximum area set is, as it happens, that of Ross, Skye and Lochaber. If the amendment were carried, more than 10 constituencies would be out of line with the UK electoral quota and that would result in too many exceptions to the principle of fairness through equally weighted votes across the country. The amendment departs from the fundamental principle of the Bill that a vote, wherever it is cast in the UK, should have broadly equal weight. For that reason I ask the noble Lord to withdraw the amendment.
Baroness Scotland of Asthal
Does the Minister accept that rule 5 is subject to rule 2 and that rule 2 provides the primacy? When it comes to flexibility and interpretation from the commission, does the noble Lord accept that that would be very limited indeed? The whole point of the amendments is to give the commission the sort of real flexibility that it needs to meet some of the difficult issues with which we are now dealing. I invite the noble Lord to look again at rule 2 because it seems to set the primary course which the commission would have to follow. Rule 5(3) states that this rule has effect subject to rule 2.
Lord McNally
I do not resile from that. The Bill aims to provide fair votes—votes of equal weight in fairly drawn constituencies. I am not giving way again. The flexibility that the Opposition seek is the flexibility to undermine the Bill and we are not conceding.
Lord Campbell-Savours
I have a question for the noble Lord. The Explanatory Notes state:
“The factors are similar to the existing ones. They may consider special geographical considerations, such as the size, shape and accessibility of a constituency”.
What do the words “accessibility of a constituency” mean to the noble Lord?
Lord McNally
They mean exactly what they say. They are guidance to the Electoral Commission in making its judgments. These are all matters of judgment.
Lord Lipsey
My Lords, I thank the Minister for his reply. A large number of government supporters are in the Chamber tonight and I am delighted to see them. They may have come in having heard that the Opposition were conducting a filibuster and behaving poorly, contrary to the rules of this House, and that we were not subjecting the Bill to scrutiny. They may even have felt that Ministers were being incredibly patient in treating a succession of filibustering speeches as though they should be answered seriously, as the noble and learned Lord, Lord Wallace, has done throughout the debate.
The noble Lord, Lord McNally, has been a friend of mine almost as long as he has been a friend of the noble Lord, Lord Foulkes, and it gives me no pleasure to say what I am going to say. The perfunctory and, at the end of his speech, bad-tempered response of the Minister gives the lie to what has been said. We have had an admirable debate on what I agree is only one constituency, but for the people in that constituency it is their constituency and for the people of the neighbouring constituencies those constituencies are theirs and the electoral geography of Wales is its electors’ geography.
We have heard very moving speeches, which were particularly noted as they came from a quarter which had no reason to filibuster for a single second, as the noble Baroness, Lady Finlay, made clear. The noble Baroness, Lady Finlay, and the noble Lord, Lord Elystan-Morgan, made admirable cases in favour of this amendment. Therefore, I find the way that it was treated—I use this word to avoid any asperity of speech—disappointing.
I wish to deal, first, with the intervention of the noble Lord, Lord Tyler, who was half right. He is right that the amendment has a wider application than Brecon and Radnor. He may not have heard me say that Brecon and Radnor is the largest constituency in England and Wales. I am afraid that I am not qualified to talk about Northern Ireland but I suspect that most of the 10 constituencies that would be affected by this amendment are in Scotland. This matter can be dealt with in one of two ways. You can say that the case I make for Brecon and Radnor embraces all seats where there is a very dispersed population—in earlier debates we heard eloquent pleas on behalf of other Scottish seats—and that therefore the exemption should indeed apply to all Scottish seats, or you can say that Scotland has a very dispersed population and cannot have more than a certain representation, particularly in the light of devolution, and that therefore an exception should be made for Scotland. There is something to be said for either of those approaches but that does not knock down the amendment that I have proposed, nor does it influence its effect.
Lord Wallace of Tankerness
My Lords, I start by apologising on behalf of my noble friend Lord McNally, who, as some of your Lordships noticed, left some moments ago feeling somewhat unwell. I know that that is not something that he would do lightly. I have the slight difficulty of having not having been in the Chamber for the whole debate, and I intend no discourtesy to the Committee in that. I shall do my best, although some of the arguments are perhaps familiar from previous times.
The amendments adjust the factors that the four national Boundary Commissions are to consider in drawing up boundaries. In some cases, they give the commissions additional tasks or they take away their discretion. In most contributions, the size of the House of Commons was raised. We debated that at considerable length last week and I do not propose to rehearse the arguments again.
As the noble Lord, Lord Bach, indicated when he spoke concisely to his amendment and those in this group, the criticism that would appear to come from the other side of the Committee is that although the Boundary Commission is given discretionary factors which it can take into account to the extent that it thinks fit, it is nevertheless subject to rule 5(3), which says that the discretion,
“has effect subject to rules 2 and 4”,
with rule 4 being the area, which has already been debated today, and rule 2 being the electoral quota and a 5 per cent variation either way.
I appreciate that I repeat myself from previous discussions when I say that these rules are designed to ensure that we rein close to the electoral quota whereas, while the quota is the focus of what the Boundary Commission is currently expected to do, circumstance and the factors of flexibility that noble Lords seek in this case have taken boundaries reviews ever further away from it. It is worth repeating that the British Academy Policy Centre, in commenting on the Bill, states that,
“the rules set out in the Bill are a very substantial improvement on those currently implemented by the Boundary Commission”.
We believe that the rules set out in the Bill strike the right balance. Some noble Lords have argued that we should remove the English Boundary Commission’s ability to take European regions into account. Others say that we should compel it to do so. The Bill says that the commission should have the discretion if the regions help them to manage the review, which is the right balance.
The noble Lord, Lord Foulkes of Cumnock, moved an amendment that would have added wealth as a factor. The Government cannot agree on principle that people should be banded together in constituencies on the basis of similar income. I am not quite sure how such a thing would be measured by the commissions even it was desirable. I can confirm that wealth was not a factor in previous boundary legislation. Our view is that the factors in the Bill are broadly those that are in existing legislation and that have worked well in previous reviews. Again, I believe that this is the right balance.
As I have indicated, some amendments compel the commissions to have regard for the rules, and some remove the primacy of the parity requirement. Our position is that the rules give due discretion to the commissions, but I reassure noble Lords that while the legislation says, “may take into account”, it is not open to a commission simply to disregard the factors on a whim, as has perhaps been suggested in some contributions. So further tightening up of the wording is unnecessary and could prove unhelpful.
I have already said, as we have indicated in debates on previous amendments, that the Government will consider how we can add wards to the list of local government boundaries that the commissions are asked to consider at present. As for parity, the rules give flexibility within a 10 per cent variation from the smallest to the largest constituency. Again, I believe that that strikes the right balance, giving us flexibility to recognise properly local factors while ensuring that votes are fairer and have more equal weight—a principle to which even Members on the Front Bench opposite have said that they agree. On that basis, I apologise for not being able to answer as fully as my noble friend Lord McNally would no doubt have wished to, but I ask the noble Lord to withdraw his amendment.
Lord Falconer of Thoroton
My Lords, I agree with the noble Lord, Lord Davies of Stamford, and very much with my noble friend Lord Lipsey. I agree with the important amendment moved by the noble Lord, Lord Tyler, which is in his name and that of the noble Lord, Lord Rennard. They obviously understand history. They know what happened in the 1950s when, as the second boundary review came around after the Second World War, MPs rebelled at the thought that there were going to be so many changes in constituencies. That was completely reflected in debates that we had earlier in this Chamber, in which ex-MPs and non-ex-MPs pointed out that, if you break the link between a Member of Parliament and his constituency, you undermine democracy and you create uncertain relationships. The then Conservative Government produced a Bill that, in effect, made the disruption much less. From this Front Bench, we support the principle underlying what the noble Lords, Lord Tyler and Lord Rennard, are seeking to achieve, which is to reduce the disruption.
However, the speech that my noble friend Lord Kinnock made has to be borne in mind, because we can reduce the disruption only by so much if we have what he described as the “eunuch” clauses. I anticipate that there will be those on the Benches on which the noble Lords, Lord Tyler and Lord Rennard, sit who think that the way to deal with the points made so persuasively by my noble friend Lord Kinnock would be by moving the 5 per cent up to 10 per cent; they think that that would make a substantial contribution to dealing with the point about the ongoing relationship with a Member of Parliament.
So, yes, I support the amendment proposed by the two noble Lords, but I also hope that they will engage in this debate properly. By that I mean that I hope that they will put forward arguments and amendments that they think will genuinely improve the Bill. I read the amendment that the noble Lord, Lord Tyler, has put forward as doing that, but I very much hope that they will feel able to express honestly their view as to whether the threshold should be 5 per cent or 10 per cent. If they did that, they would, I think, unlock one of the principal problems in the Bill.
I very much hope that the noble and learned Lord, Lord Wallace of Tankerness, whom I congratulate on dealing with the last amendment—he was rather given it beyond the last moment—will find it in his heart to support what the noble Lords, Lord Tyler and Lord Rennard, have proposed. However, I also hope that he will address the issue that the amendment goes only so far and that it is only if we add more discretion—5 per cent to 10 per cent—that we make it meaningful. It is important to take into account what has been said in these debates quite widely across the House—that it is not a good idea to have a constantly changing constituency with a constantly uncertain Member of Parliament.
Lord Wallace of Tankerness
My Lords, this amendment proposed by my noble friend—in a way that, I am sure, if I may take the words of the noble and learned Lord, Lord Falconer, he genuinely thinks will improve the Bill—would add existing constituency boundaries to the list of factors in rule 5 that the Boundary Commissions may take into account when drawing up their recommendations for new constituency boundaries. I think that it is a perfectly reasonable proposal and we certainly agree with noble Lords that this would aid the Boundary Commissions in drawing up their recommendations, not only in the first boundary review but obviously in the subsequent ones as well. As has been said, it is the case that, particularly in the first review, the Boundary Commissions expect that there will be a considerable change owing to the reduction in the number of seats from 650 to 600. Nevertheless, I believe that this amendment will allow for the merits of existing boundaries to be taken into account where appropriate, thereby ensuring that the boundary commissioners do not have to start with a blank page. Therefore, the Government are content to accept this amendment.