Parliamentary Voting System and Constituencies Bill

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Wednesday 9th February 2011

(13 years, 10 months ago)

Lords Chamber
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Lord Wallace of Tankerness Portrait The Advocate-General for Scotland (Lord Wallace of Tankerness)
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My Lords, I start by thanking the noble Lord, Lord Pannick, for his amendment. I also thank all those who have contributed to what has been a very good debate. Given the way that the noble Lord, Lord Pannick, presented his amendment, I am sure several constituency associations will be lining up to engage him for various cases when the Boundary Commissions bring forward their proposals. I appreciate not only the manner in which the noble Lord presented the amendment but his willingness to engage. As he recognised in moving the amendment, considerable efforts have been made to see whether the Government and the noble Lord, Lord Pannick, could find common ground.

The effect of the amendment would be to give the four Boundary Commissions discretion to propose constituencies with an extended 15 per cent range—from 92.5 per cent to 107.5 per cent of the United Kingdom’s electoral quota—in the event that the commission considers that exceptional local ties or geographical circumstances make it necessary to create a viable constituency. As my noble friend Lord King indicated, at the heart of this part of the Bill is the principle of seeking equal value—one vote, one value—and doing so in order that the new boundaries can come into effect for the general election to be held in 2015. The Bill before your Lordships’ House is founded on the clear principle that constituencies should contain an equal number of voters. Having given great consideration to the points put forward and the detail, we do not believe that these principles would necessarily be achieved—they would certainly be put at risk—by passing this amendment, so we find that we must resist it.

The principle that constituencies should contain an equal number of voters is not exactly new. The existing legislation—the Parliamentary Constituencies Act 1986—requires the Boundary Commissions to recommend seats that are as near to equal as practicable. The problem with that legislation, as has been mentioned on many occasions during our debates in this House and the other place, is that although it clearly sets the goal of equal constituency sizes, the mutually contradictory rules in the Act result in a wide variation of constituency sizes. That is not an abstract problem. One person, as we have said, should mean one vote. Nor is it just a matter of local representation; the nature of our parliamentary democracy means that one’s vote is one’s stake in who forms the Government of the day. As we have also heard in debates, turnouts will vary but the system should not compromise an elector’s stake in the Parliament long before a ballot has been cast.

That is why the Bill that the Government brought to this House had very few named exceptions to the parity principle—only two constituencies out of 600. The specific exceptions that we made were born of the necessity to guarantee effective representation in constituencies that were not only geographically remote but had no obvious link to a mainland constituency. The same principle informs the geographical size limit, which also has very limited application. I acknowledge that there is a range of views across your Lordships’ House on which specific areas, if any, should have such treatment in the Bill. However, as has been said, the general principle of equality is accepted on all sides of the House. That equality informs the guiding principle in the rules in Clause 11. It is clear that absolute equality is neither desirable nor practicable. That is why the Bill already moves from absolute equality to allow flexibility for the Boundary Commissions to vary seats by 10 per cent between the smallest and the largest. My noble friend Lord Maples made that point. The amendment of the noble Lord, Lord Pannick, would allow a range of more than 11,000 voters between the smallest and the largest.

The figure of 5 per cent, moving as it does from absolute equality, has a rationale. We have made it clear that in our judgment it is the closest to equality that can be achieved while allowing wards to continue being the building blocks of constituencies in most cases in England. For local government reasons the wards in Scotland and Wales are somewhat different. However, the figure seeks to strike the right balance between the principle of “one elector, one vote” and the opportunity for local flexibility. Last night we debated a government amendment that will reinforce the notion that the commission should use wards in this way.

I hope no one can doubt the Government’s commitment to the guiding principle in the Bill: that as far as practically possible there should be equality of treatment between electors. In our view, the only case for exceptions to this principle should be where Parliament has determined that the exception is merited. We have debated, and will return later, to several specific exceptions. That is how we should move forward when we approach these very difficult issues.

The noble Lord, Lord Pannick, fairly pointed out some of the concerns that the Government have rehearsed with him as we have discussed these matters. Our first concern is that, although I understand where the amendment comes from, it breaches the principle of equality of treatment. The Boundary Commissions would be set a clear task by the Bill’s provisions: to propose constituencies that are within the same range of 7,500 electors across the whole of the United Kingdom, subject to the two named exceptions. There is also the exception that has already been voted for by the House. The same rule applies to everybody unless an exception has been explicitly approved by Parliament. That does seem to be an approach that is rooted in some principle.

By contrast, the amendment asks the Boundary Commissions to grant a number of special seats outside the general rule, effectively conferring special status on electors who live there. That could put the Boundary Commissions in a difficult position. Let there be no doubt that the Boundary Commissions would be in an invidious position. A decision about special treatment for one elector has a direct impact on an elector elsewhere. The noble Lord, Lord Pannick, said that the impact would be felt in a next-door constituency, but it does not necessarily follow that it would. This is particularly the case in Scotland, Wales and Northern Ireland, where there is less scope in the number of seats to make adjustments. To take Scotland as a case in point, on the 2009 electorate figures Scotland would have 50 seats plus the two exceptions. Once the commission had proposed a number of smaller seats at 92.5 per cent to take account of the sparsely populated areas in the highlands, the result would be that it would have to allocate larger seats on average elsewhere.

That could already happen to some degree under the Bill; the key difference is that at present under the Bill there is one rule for everyone. In other words, one part of the country’s exception would be another part of the country’s squeeze. There would be less flexibility in another part of the country, which might be some distance away. Under the amendment, the commission would be asked to award greater power to electors in a smaller number of seats outside the norm for the rest of the country. As my noble friend Lord Elton said, that goes against the principle of the value of the vote as set out in the Bill. The noble Lord’s amendment would ask the commissions to trade off the rights of different communities alongside potentially far-away constituencies.

There is a further point, which relates to timing. If these changes were made as a result of representations taken after the first period of consultation, because exceptional circumstances had been identified at the second phase, constituencies that were perfectly happy and content with the original proposals might well find that because a change was made in one or two places the ripple effect meant that what was acceptable first time around would not be acceptable second time around.

I recognise the attempts that have been made in the amendment. Regarding judicial review, on which much has been said in this debate, I agree with the noble Lord that the amendment would send a clear signal to any court considering a judicial review of the Boundary Commission’s decision to exercise flexibility. However, I am concerned less about the verdict of the court than the effect that the amendment might have on the conduct of the boundary review in practice. There might be an effect not only on how the commission balanced the specific factors referred to in the amendment but in the greater subjectivity to which the amendment could lead. The noble Lord’s prediction that a commission may ultimately have the support of the courts, if the matter were put before them, might turn out to be right, but the effect of giving the commission discretion for exceptional circumstances might, in the real world, mean that it felt compelled to use that discretion. The experience of trying to set a high bar to limit the exercise of discretion is not always encouraging. In reality, a procedure sanctioned expressly on the basis that it is intended as exceptional can, and sometimes does, end up becoming common practice.

My noble friend Lord Rennard made an important point on the question of what a viable constituency is. To whom is it viable? Is it viable to the electors or to the Member of Parliament? Also, there are four Boundary Commissions. If each took a different view on what constituted a viable constituency, the danger would be that we could move even further away from trying to achieve the equality that is at the heart of the Bill.

Even unsuccessful judicial reviews will have an impact on resources. I hear and give careful consideration to the points made by noble Lords with considerable experience, including the noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Pannick. I also heard what the noble and learned Lord, Lord Scott of Foscote, said about the opportunity to use litigation and judicial review as a means of stringing things out. On many occasions in our debates, noble Lords have mentioned that it is important that the Boundary Commission proposals are presented to Parliament and passed in good time for the 2015 election to be fought on new boundaries.

I make a further point on the figure of 7.5 per cent on either side of the UK boundary quota. I have already described the Government’s case for a range of 5 per cent on either side. I am not sure what rationale there is for the figure of 7.5 per cent; perhaps it is because it is half way between 5 per cent and 10 per cent. Sometimes compromise is right, but, as I have indicated, strict equality would be zero. Our movement to accepting a 5 per cent variation already allows for some of the geographical considerations and local ties that have been mentioned.

In conclusion, exceptional treatment would not help some of the specific cases that have been debated—for example, in Argyll and Bute. It would not guarantee the sanctity of the Tamar. I recognise and welcome the spirit in which efforts have been made to find common ground on which we could have moved forward. I thank all noble Lords who have sought to help us make progress. However, I hope that I have set out that, in practice, the amendment not only would place the commissions in a difficult position but could breach the principle of equality of treatment that is at the heart of the Bill. There would be a potential risk that the Boundary Commissions’ target of reporting before the next election is fought in 2015 would not be met. I invite the noble and learned Lord to withdraw the amendment.

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16:51

Division 1

Ayes: 275


Labour: 185
Crossbench: 72
Bishops: 3
Independent: 3
Ulster Unionist Party: 2
Liberal Democrat: 1
Plaid Cymru: 1

Noes: 257


Conservative: 164
Liberal Democrat: 74
Crossbench: 11
Bishops: 2
Ulster Unionist Party: 1

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Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
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My Lords, I thank my noble friend Lord Brooke for tabling the amendment and the other noble Lords, including the noble Baroness, who have spoken to it. As my noble friend said, Amendment 22E requires that the area of a special authority, as defined by the Local Government Finance Act 1988, should form part of only one constituency, and the constituency name should refer to that special authority. As he said, in practice, only one authority area satisfies the definition of a special authority, and that is the City of London. As has been explained many times, the number of exceptions in the Bill has deliberately been kept as low as possible. In introducing the Bill, the Government accepted only two seats where there is genuine extreme geography precluding them from being readily combined with other constituencies.

As has been said, we debated an equivalent amendment in Committee moved by the noble Baroness, Lady Hayter of Kentish Town. That made clear the expert knowledge of many noble Lords of the past and present of the City of London, and their connections with it. I certainly would not wish in any way to diminish the rich history of the City, nor the importance which the City has played and continues to play in the life and economy of our nation.

From a practical point of view, I hope that I can offer some reassurance by reminding the House that in the 25 wards in total, the City has approximately 7,000 electors, which is smaller than some individual wards. Although it would be for the Boundary Commission to decide, I suspect that it is unlikely that the City would be split between two constituencies. Nevertheless, I recall the argument made that it is desirable from an economic point of view to have one MP who can say unequivocally that he or she represents the City of London’s interests in Parliament. I certainly valued the opportunity to meet my noble friends Lord Brooke and Lord Jenkin and the noble Baroness, Lady Hayter. They elaborated on the potent arguments that they made in their speeches in Committee, which they have made again today.

I have clearly heard the case that they make. The Government understand the strength of that concern. Although I cannot commit myself to the wording of the amendment, I am happy to tell your Lordships' House that we will take this away and that I fully expect to be able to address the issue when we return to this at Third Reading. I hope that, on that basis, my noble friend will be prepared to withdraw the amendment.

Lord Brooke of Sutton Mandeville Portrait Lord Brooke of Sutton Mandeville
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My Lords, I thank those who have spoken in the debate; I am grateful to them for what they said. Everyone who has the welfare of the City of London at heart will be grateful for what the Minister said. In the light of his response, I beg leave to withdraw the amendment.

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Lord Lipsey Portrait Lord Lipsey
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My Lords, we had a very good debate on the case for keeping the constituency of Brecon and Radnor on 24 January—my, that seems a while ago—at cols. 795-805. The case was supported then not merely from these Benches but from the Cross Benches in remarkable speeches by the noble Baroness, Lady Finlay, and the noble Lord, Lord Elystan-Morgan, who said that it would be a “colossal, monstrous injustice” if that constituency were changed.

The case, in a nutshell, is that this is the largest constituency in England and Wales. It takes one and a half hours on poor roads from one end to the other, but at 58,000 its electorate is well short of the electoral quota. What really makes it different is that it cannot expand south, because that would take away still more voters from the valley constituencies, which are themselves short of electoral quotas. It cannot expand east because constituencies cannot cross country borders. Therefore, it has to go into sparsely populated and unrelated areas, either to the west or to Montgomeryshire, to the north. That argument was strongly put, including again by my noble friend Lady Hayter. I hope that I have the same luck on this amendment as she had on the previous one.

Only one person spoke against that proposition: the noble Lord, Lord McNally, who was not, perhaps, at his formidable best, because he went off to hospital soon after—I hope not as a result of any remarks that I made about him. He has, happily, recovered—he is smiling on the Front Bench now—so I hope that, having thought about it long and hard in his hospital bed, he will now feel able to accept the amendment.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
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My Lords, although in better health than the last time I spoke, I am not sure that I will be able to please the noble Lord any more. When he tabled the equivalent amendment in Committee he argued that the exception was necessary for two reasons: first, there was no logical way in which the existing constituency could expand to allow it to sit within the 10 per cent band of tolerance around the UK electoral quota; and, secondly, there was a challenge of accessibility which would increase if the surface area of the constituency increased. On the first point, we certainly acknowledge that the constituency could not expand to the east, as that would mean crossing the border into England, which is prohibited under the Bill. However, on the other points that he makes about expansion in the other directions, we believe that this is a task best assessed by the Electoral Commission itself, and we will wait to see what it does on this.

That brings me to the noble Lord's argument on geography. In Committee, he said:

“It took me an hour and a half to get to a Labour Party meeting in the south of the county quite recently”.—[Official Report, 24/1/11; col. 797.]

Although I was tempted to use the old joke, “I had a car like that once”, I know—because I visited my late and most lamented friend Lord Livsey in his constituency—that it is an enormous place, as the noble Lord, Lord Lipsey, has acknowledged. However, I do not think that it would be useful to compare exact distances and journey times in various constituencies because one person's enormous place is another person’s back garden. The noble Baroness, Lady Liddell of Coatdyke, reminded us in Committee of some Australian parliamentarians whose constituencies are the size of Portugal. Nevertheless I believe that, in general terms, there is a real distinction in magnitude between a 90-minute car journey that may be undertaken at almost any time of day or night and, say, a 12-hour ferry trip from Shetland to the Scottish mainland which is possible at only a handful of times each day.

Concerning the difficulty of constituencies which cover large surface areas, it is also worth remembering that the Bill takes that into account. The Bill provides for a maximum size of around the largest current constituency area because the Scottish Boundary Commission recommended that this area was manageable for both MP and constituents. As that was the last time that this question was considered at length, and using the independent expertise of the Boundary Commission, this seemed to us the best benchmark to use in our proposals today, and it was also discussed last night.

We are open and ready to be flexible with the noble Lord's proposals where they do not contradict a key principle of the Bill. Keeping preserved constituency exceptions to an absolute minimum is important to support the Bill's fundamental aim—the degree to which votes throughout all four parts of the UK have equal value. Provided that the constituency sits within a 10 per cent band of tolerance as the Bill provides, the Bill allows specific geographical factors to be considered, as is the case today.

I do not in any way dismiss the challenge that the MP and constituents have in a constituency such as Brecon and Radnor. However, we are testing against a high bar: the principle of one elector, one value. Because the bar is set high we feel that it is justified to test these claims thoroughly and reach different conclusions. We recognise the challenges of Brecon and Radnor, but we also take the view that it does not justify exemption when compared with some of the large constituencies of the Highlands. We feel that this position sets up a reasonable balance between being sensitive to local circumstances and allowing votes throughout the United Kingdom to have a more consistent value. I therefore, sadly yet again, ask the noble Lord to withdraw his amendment.

Lord Lipsey Portrait Lord Lipsey
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The very sheep are baaing their dismay at the words they have just heard in their fields in the Brecon Beacons. I beg leave to withdraw the amendment.

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Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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My Lords, I will not detain the House long; many distinguished noble Lords will know Wales and the island of Anglesey much better than I do. It is an island constituency which deserves exemption in much the same way as your Lordships agreed to exempt the Isle of Wight recently. I hope that the Minister will respond positively to my amendment. I beg to move.

Lord McNally Portrait Lord McNally
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My Lords, this is another attempt to except a single constituency; we have already debated a longer list of proposed exemptions. In the case of Anglesey, where geography is concerned, the two road bridges crossing the Menai strait clearly show there is no question of Anglesey being a difficult place to travel to or to travel around for the MP or constituents. We believe that parliamentary constituencies often cross the boundaries of a local authority without taking away all the sense of identity of each community within the constituency. Nor does it take away the ability of an MP to represent various communities with different senses of identity in one constituency.

I understand the noble Lord's motives in moving this amendment, as I do those of other noble Lords who have a particular attachment to a constituency. However, the fact remains the same. If we are to pursue our overall aim of having votes of equal weight we do not want to make the type of exceptions that the noble Lord proposes. I therefore invite him to withdraw the amendment.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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I thank the noble Lord for his response and beg leave to withdraw the amendment.

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Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton
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My Lords, I fear that I disagree with the noble Lord, Lord Newton of Braintree, and agree with the noble Lord, Lord Teverson, who, through the conduct of this sometimes slightly choppy Bill, has consistently carried the hopes of the people of Cornwall on his shoulders. He has spent a lot of time inside and outside the Chamber persuading people that Cornwall should be treated differently. He has persuaded us, strongly supported by the fact that we—and everyone else in this House—have heard forcibly from people who know about Cornwall. We support the noble Lord, Lord Teverson, and this House owes a lot to him.

One person who the noble Lord thought he might have persuaded was the noble Lord the Leader of the House, who said in Committee:

“Of all parts of the country, I think there is a genuine feeling in Cornwall”.

Unfortunately, he later went on to say:

“we reject the argument made in Cornwall because we want clarity and similarity to stretch right across the country”.—[Official Report, 25/1/11; col. 921.]

In this Bill, the Government have understood before they started that certain places required special consideration. The noble Lord, Lord Fowler, persuaded this House that the Isle of Wight should be given special consideration; the noble Lord, Lord Teverson, has done the same service. Please listen to what the people of these places are saying. I very much hope the Government will accede to what the noble Lord, Lord Teverson, has said.

Lord McNally Portrait Lord McNally
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My Lords, I do not have any doubt about the passion, sense of identity and pride that my noble friend Lord Teverson brings to this debate about Cornwall. We are well aware of the broad views of the various political groupings and of the Members of Parliament. Last night I heard the noble Lord, Lord Myners, explaining why he could not be here today but leaving his own views on this on the record. As always, with this, as with a number of the other amendments that we have discussed throughout this Bill and in recent times, we come again to whether a special pleading—I do not say that in any pejorative sense—outweighs the Bill’s objectives of giving equal weight to the votes.

I also understand the argument being put that Cornwall would rather have only four MPs than five if one of them crosses the Tamar. I am not sure whether that is actually in the best interests of the people of Cornwall. I do not really understand the argument that the pride and the identity—the pride in Cornwall’s rich history and the talk of strong community—that we have heard of will be diminished simply because one MP is going to take responsibility outside Cornwall. The answer to my noble friend Lord Newton’s question is that I totally agree that there is no unique argument about river borders and we have not applied that in the Bill.

I recognise the strength of feeling in Cornwall but I cannot agree that Cornwall’s position is similar to the Scottish island constituencies in terms of why the exceptions were accepted. By this, I mean that the Bill originally provided for exceptions on the practical level. Without these exceptions, we would be faced with constituencies that would be impractical for Members and constituents and so would deny effective representation. In other words, the genuinely extreme geography of the dispersed Scottish island groups does not make it possible to combine them with the mainland, for practical reasons. If we look at the Scottish island groups in this way, we do not think it possible to argue the same case for Cornwall.

I recognise the strong sense of identity that many have in Cornwall. I do not agree that parliamentary constituencies can create or destroy that identity. I believe that a parliamentary constituency can cross the boundaries of a local authority, without taking away at all from the sense of identity of each constituent community within that constituency. The fact that a parliamentary constituency might cross boundaries, be it in Ayrshire or Cornwall, in no way takes away from that sense of identity. I repeat; I have heard no argument that convincingly sets out the opposite case.

I know that we have had a lot of fun about Cornwall and Devon. I occasionally have jousts with my noble friend Lord Shutt about the relative merits of Lancashire and Yorkshire. That is part of a long tradition within our United Kingdom but it is very difficult to push those arguments too far. Further, I argue that there is strong evidence to support the case that constituencies can and do exist that contain more than one community with more than one sense of identity. Many Members of the other place represent diverse communities today, from constituents with rural and urban communities to those containing the speakers of dozens of different languages, all of whom have their different cultural identity. Belonging to one constituency does not detract from one or diminish that diversity. I believe that Members of the other place who are in that situation do an excellent job representing the various interests of all their constituents.

Again, I recognise the strength of feeling and pay tribute to the campaign that my noble friend has waged, but I cannot agree that we should depart any further from our objective of greater equality in the value of votes unless the geographical ramifications of doing so might create an impractical constituency. We do not see a sense of local identity and the setting of a parliamentary constituency as an either/or decision. Instead, we seek the best balance between respecting a local objective and a national one. Locally, the opportunity to voice one’s opinion to the Boundary Commission at a public meeting means that those commissions will be able to take local factors into account on a case-by-case basis. Nationally, we want electors to know that their vote counts and has equal weight as much as we possibly can. The Bill, we believe, presents the best balance between those two important principles, so, although I respect his passion, I invite my noble friend to withdraw his amendment.

Lord Teverson Portrait Lord Teverson
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My Lords, I thank my noble friend the Minister for his reply, but I am deeply disappointed by it. Perhaps I might first take up the issue raised by my noble friend Lord Newton of Braintree. I stress again that I am not just talking about physical rivers and saying, “Those are the boundaries”. The Tamar is a symbol of that boundary, rather than the river itself. Other rivers act as boundaries which this Bill does not allow to be crossed. Much of the passage of the Wye, at its south, is the border between Wales and England, and the Bill does not allow that to be crossed. How does Cornwall see itself? Some call it a nation; others see it as a historic nation of the United Kingdom.

I also disagree with the Minister on the importance of this. I stood for South East Cornwall in the 1992 election, and I was blessed with a visit from my noble friend Lord Ashdown. He was going to walk with me and all the media—there was a question of a hung Parliament at the time—down the high street in Saltash. He got off his battle bus and said to the gathered press of the south-west and the nation, “It’s great to be back in Devon”. That is why I never became a Member of the other House. Cornwall really believes in its own destiny, its future and its contribution to the United Kingdom, but it wants its own parliamentary constituencies, and on that basis, I wish to test the opinion of the House.

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17:51

Division 2

Ayes: 221


Labour: 173
Crossbench: 27
Liberal Democrat: 11
Independent: 3
Bishops: 1
Conservative: 1

Noes: 250


Conservative: 150
Liberal Democrat: 61
Crossbench: 31
Ulster Unionist Party: 1

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Lord McAvoy Portrait Lord McAvoy
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My Lords, in the forlorn hope that, as I have not moved three previous amendments, the House will be a little tolerant of me for a couple of minutes, I would like to spend those two minutes moving an amendment about Rutherglen, Cambuslang and Halfway. I have illustrated the arguments for Rutherglen, Cambuslang and Halfway many times before, so I do not intend to repeat them and abuse the patience of the House.

Those areas have been together now for about 100 years. There are close connections and a bond between the historic Royal Burgh of Rutherglen, the Cambuslang community and the former mining area of Halfway. In 1975, there was an attempt by a previous Conservative Government to destroy the communities by moving them into the City of Glasgow. A more enlightened Tory Minister, Allan Stewart, and I got Rutherglen, Cambuslang and Halfway out again. If one starts from the border with blocks of 75,000 or 76,000 people, as the Bill suggests, Cambuslang and Halfway could end up in the lower part of Scotland and Rutherglen could be in the northern part of Scotland; there would be only one way for Rutherglen to go and that would be with the City of Glasgow, which would mean the end of our parliamentary cohesion.

I hope a Liberal Minister replies because that would certainly make it plain to the people of Rutherglen, Cambuslang and Halfway that it is a Liberal Minister who is rejecting the amendment. I beg to move.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
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My Lords, as a coalition Minister, I am more than delighted to reply to the noble Lord’s amendment, which would result in an exception for Rutherglen, Cambuslang and Halfway so that they remained in a constituency which does not cross the boundaries of the South Lanarkshire Council area. The amendment in the Marshalled List brought back memories, as I recall my great aunt and uncle had a Halfway telephone number—I cannot remember the digits, but it was certainly Halfway exchange and, as a child, that always interested me as I wondered where it was halfway between.

I recognise the strength of the communities that the noble Lord used to represent in the other place but, as has been made clear on a number of occasions in Committee and on Report, the Bill as originally drafted had two named exceptions to the principle for a clear and tightly defined set of reasons. Both those exceptions involve remote locations and populations too small to be put in the parity target. The Bill now includes the Isle of Wight, following the vote in Committee on that. I do not think it is possible to argue that extreme geographical considerations apply in South Lanarkshire.

However, I have no doubt that when it comes to the Boundary Commission having regard to the circumstances and the community ties that link Cambuslang, Rutherglen and Halfway, it will be permissible under the rules for the Boundary Commission to take those ties into account and give such regard as it thinks fit to the fact that those communities have had historic links. I have no doubt that, under the public hearing arrangements for which the House voted yesterday, the noble Lord will—I have every certainty—make a very eloquent case when the opportunity for a public hearing comes, assuming that the Boundary Commission does not, in its original proposals, have Cambuslang, Rutherglen and Halfway together.

I think the noble Lord recognises that the case has not been made for an exception to be on the face of the Bill in this respect, but, of course, as I have indicated, community ties is an issue to which the Boundary Commission can have legitimate regard. I ask the noble Lord to withdraw his amendment.

Lord McAvoy Portrait Lord McAvoy
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Obviously, I do not wish the Minister any ill will but I certainly hope that his late auntie and uncle are on his mind tonight when he is trying to get to sleep if he is going to do this to Halfway. I certainly hope that they have a word with him. Halfway is so called because it is halfway between Glasgow and Hamilton—I offer that bit of information to the noble and learned Lord.

The areas I have referred to suffer from the fact that they have had a Labour Member of Parliament for 46 years, and that seems to be a problem; other areas seem to find the circumstances to enable them to get exemptions from the Government. However, I recognise the reality and the bigger picture here in the sense that we will be dealing with different countries in the next amendment. I fully accept that. However, I assure the Minister that, when it comes to the campaign, the fig-leaf of claiming to be a coalition Minister will not do the Liberal Party much good in Rutherglen. I beg leave to withdraw the amendment.

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Lord Kilclooney Portrait Lord Kilclooney
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My Lords, I express my support for this amendment. The three nations within the union that will be most severely hit by this legislation are Wales in particular, Northern Ireland secondly and Scotland. I fully understand the sentiments expressed by the noble Lord, Lord Kinnock. They reflect my own feelings in Northern Ireland. The voices of Scotland, Wales and Northern Ireland are already overwhelmingly outnumbered in the other place, but they will be even more overwhelmingly outnumbered if this legislation goes through, which will cause considerable resentment and misunderstanding. I am sorry to say that I fear that it is a decision that, if taken by the majority who come from England, will damage the United Kingdom.

When we were involved in the discussions on the future of Northern Ireland, we were always told that the majority should be magnanimous to the minority. Here is an occasion where the Conservative and Liberal Democrat majority should be magnanimous to the minorities in Scotland, Wales and Northern Ireland.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
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My Lords, it has been evident from the good debate that we have had that this group of amendments looks at the allocation of seats to nations. Indeed, the amendment moved by the noble and learned Lord, Lord Falconer of Thoroton, could apply to Scotland, Wales and Northern Ireland, although until the previous contribution from the noble Lord, Lord Kilclooney, we focused, understandably, on Wales. From the outset, I should say that I recognise the passion with which these arguments have been put. Amendment 25ZB seeks to ensure that the allocation of seats to any part of the United Kingdom will be within 10 per cent of the current allocation. It provides for an additional allocation of seats, if the Sainte-Lague process set out in rule 9 results in an allocation that reduces the number of seats by more than 10 per cent of the current allocation.

In spite of its name, the process nevertheless recognises the fairest way to allocate seats. The British Academy report explicitly refers to it as such. It is the method that the Electoral Commission uses to allocate seats to European parliamentary regions, and the Government believe that it is the right method to use in allocating seats to parts of the United Kingdom. For those reasons, we have written it into rule 9, so that it will apply in this case.

The proposed amendment would undermine this fairness by putting an artificial floor on the process. The proposed top-up of seats would tamper with the balance struck by the Sainte-Lague method of allocating seats between the constituent parts of the United Kingdom. We do not believe that it can be right to change the result derived from a system recognised, as the British Academy report described it, as,

“the fairest way of making such allocations”.

In practical terms, the amendment would create a reduction in stages for Scotland, Wales and Northern Ireland. When the secretaries of the Boundary Commissions were giving evidence to the Political and Constitutional Reform Committee, their clear advice was that there were advantages in making the reduction in one go. The Government consider that one reducing review would be less disruptive to constituents and Members in the other place than the continuing reductions that this amendment would introduce. I think that I have calculated properly that, under the amendment, in 2015, Wales would move from 30 to 36 and, in 2020, from 36 to 32. Only in 2025 would it would reach the level that would put it on an equal basis with other parts of the United Kingdom.

I reassure noble Lords that we are not proposing less representation for Wales than for other parts of the United Kingdom. This Bill provides that the value of a vote in Wales will be the same as the value of a vote in England, Scotland and Northern Ireland, within a 10 per cent range of tolerance. I do not see how that can be doubted. It is not like putting the Welsh team on to the field at Murrayfield next Saturday with three men less, as the noble Lord, Lord Morgan, suggests. It would be putting them on the field with three men more, if the amendment was agreed. The provisions are fair to the voters in the constituent parts of the union. Of course, there will be a reduction in the number of constituencies in Wales, as in the rest of the UK, but overall the proportion of Welsh seats in Westminster will go from 6 per cent to 5 per cent.

The Government believe that the system proposed in the Bill, whereby seats are allocated to constituent nations in a well recognised and fair process, giving electors equal value across the United Kingdom, is the best way of bringing about fairness in all parts of the United Kingdom.

Amendment 30, introduced by the noble Lord, Lord Touhig, and spoken to by the noble Lord, Lord Anderson of Swansea, would make any boundary change in Wales contingent on the National Assembly for Wales gaining enhanced legislative powers in the referendum held on 3 March. The amendment leaves open the possibility that a key objective of this Bill would not be achieved. Every elector's vote in elections to the other place would not have the same value if this amendment was agreed. As I said about the amendment from the noble and learned Lord, Lord Falconer, we are not proposing less representation for Wales. The value of a vote in Wales will be the same as the value of a vote in England, Scotland and Northern Ireland, within a 10 per cent range of tolerance. I cannot see where the unfairness is to electors in Wales.

Lord Morgan Portrait Lord Morgan
- Hansard - - - Excerpts

I apologise for interrupting the Minister, but may I point out that every single argument that he has used is simply mathematical? He has considered no other aspect of Wales at all, culturally, politically or socially, and he has based that on a very selective reading of the British Academy report.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
- Hansard - - - Excerpts

I do not believe that it is simply mathematical. It relates to the principle of equal value, and one value for one vote. That is not a mathematical concept but a matter of fairness. It is equally wrong to suggest that the provision does not have regard to the cultural and historical matters in Wales. I indicated that to the noble Lord, Lord Elystan-Morgan, in the previous debate. I recognise Wales as a constituent nation of our United Kingdom, but other parts of the United Kingdom have their own historical and cultural importance and ties, as indeed do parts of England as well as England as a whole. What I have not yet heard answered by anyone who has argued the case is why a vote in Swansea should carry more value than a vote in Newcastle, Coleraine or Aberdeen. Each of those other cities have their own importance and distinctiveness, and I have not yet heard an answer to why the citizens of Swansea should have a vote to the United Kingdom Parliament that is worth more than the vote of a citizen in Newcastle, Aberdeen or Coleraine.

Lord Touhig Portrait Lord Touhig
- Hansard - - - Excerpts

I understand the point that the Minister is making, but how does he stand that argument up when his Government are making a deliberate exception for Orkney and Shetland? Their votes will not be equal to the rest of the votes in the United Kingdom.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
- Hansard - - - Excerpts

That case has been argued, and we have had specific debates on that and an amendment from the noble Lord, Lord McAvoy. What we have said—and I think I have said it about three times already, this afternoon and in Committee—is that the Government have put into the Bill two exceptions in places with extreme geographical situations and no ready link to anywhere on the mainland. In the rest of the United Kingdom we are seeking one vote and one value.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
- Hansard - - - Excerpts

Perhaps the noble Lord, Lord Anderson, will tell me, if I let him intervene, why a vote in Swansea should be worth more than a vote in Aberdeen.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
- Hansard - - - Excerpts

Because, historically, there has been a Welsh exception and no exception elsewhere. The Minister is crucifying Wales on a mathematical altar and deliberately reducing the voice of Wales in Westminster.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
- Hansard - - - Excerpts

The simple answer to that is that there was an exception in respect of Scotland under the 1986 Act. I think that the noble Lord, Lord Morgan, mentioned that the 1986 Act said that there would be no fewer than 35 seats; the same Act said that there would be no fewer than 72 Scottish seats. Yet the last Labour Administration repealed that. I do not criticise them for that—indeed, I supported it. The number was reduced by some 18.5 per cent.

Lord Elystan-Morgan Portrait Lord Elystan-Morgan
- Hansard - - - Excerpts

I greatly respect the integrity and ability of the noble and learned Lord, but his whole argument is based, is it not, on the question of equality? He equates equality totally with arithmetical consistency. Is not that a total fallacy?

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
- Hansard - - - Excerpts

This is not down simply to mathematics. The principle at the core of this part of the Bill is to ensure the equality of the ballot, which all of us hold very dear indeed and which is not a purely mathematical thing. One elects one’s representative to sit in the other place and, by doing that, contributes to what the Government of this United Kingdom will be. There is a merit in that vote having equal value in all parts of our United Kingdom.

Lord Howarth of Newport Portrait Lord Howarth of Newport
- Hansard - - - Excerpts

Even on his own basis—that numerical equality is the only thing that really counts—the Minister is under an illusion in supposing that, by achieving numerical equality between constituencies in Swansea and Aberdeen, he necessarily creates votes of equal value. The value of votes will also depend on registration, turnout and marginality in particular constituencies. He is pursuing a chimera in this respect, while at the same time ignoring that the basis of parliamentary representation in the United Kingdom has historically been that constituencies should be expressive of communities. Communities in Swansea and Aberdeen are, of course, of equal value, but the design of their parliamentary representation should reflect their particular characters.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
- Hansard - - - Excerpts

My Lords, we have rehearsed the arguments before about matters such as turnout, on which, I accept, the Government cannot legislate—and turnout will have an effect—but on the morning of the election before anyone has turned out, at least what we are seeking to do gives a greater likelihood of equality before factors such as turnout come into effect. It does not say much for the quality of the value of a vote if, before you have even gone to the polls, an imbalance is already implicit in the system.

Lord Kinnock Portrait Lord Kinnock
- Hansard - - - Excerpts

Does the Minister accept that he can offer what we could call the Swansea-Aberdeen question in the form in which he puts it only because, without an electoral mandate, this Government are proposing to cut the number of seats in the House of Commons at one cut by 50 seats, from 650 to 600? Were it not for that, he could certainly have his equalisation of constituencies, and even a reduction in the number of Welsh seats, without inflicting on Wales or the rest of the country all the difficulties that have rightly been identified in the course of this debate.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
- Hansard - - - Excerpts

My Lords, we have had many debates on the size of the other place, and I think that we voted on it yesterday evening. Certainly, there have been many counterproposals to 600, but 600 is the number in the Bill. We have passed that point in our deliberations. It is what the other place agreed to, and it has not been defeated or changed by any debates or votes in your Lordships' House. With 600, I have not yet heard the argument why Wales should be treated preferably to other parts of the United Kingdom. It cannot be related to devolution because, if we did that, we would have to calibrate different parts of the United Kingdom depending on the different powers that respective Parliaments had.

Lord Morris of Aberavon Portrait Lord Morris of Aberavon
- Hansard - - - Excerpts

Will the Minister put on one side this dogmatic reliance upon simple arithmetic? Why, over decades, have our predecessors agreed that the magic figure of representation to meet the needs of Wales was 35? Is it not a recognition of the need of a small nation to have a voice? If a small nation is incorporated into a larger nation in a union, is there not a case for the voice of the smaller nation to be adequately represented, hence our predecessors’ magic figure of 35?

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
- Hansard - - - Excerpts

My Lords, I would passionately defend a united kingdom, but I do not honestly believe that it is doing service to all parts of the United Kingdom if we say that some part of it needs a hand-up. I believe in each of the constituent parts of our United Kingdom—Scotland, Wales, Northern Ireland and England—having equal status. That is why, when the other place is dealing with issues such as defence or macroeconomic policies, the votes of a person in Wales should carry equal value to those of a person in Scotland, Northern Ireland and England. That is not unfairness or inequality. In fact, to do otherwise would put inequality into the system. I therefore ask the noble and learned Lord to withdraw the amendment.

Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton
- Hansard - - - Excerpts

My Lords, as the noble and learned Lord said, “I have not heard why Wales should be treated differently”. Our amendment simply proposes getting to the same point as everyone else but doing it in a gradual way that does not put the union under strain. Not once did the Minister address that argument. I wish to test the opinion of the House.

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19:01

Division 3

Ayes: 191


Labour: 160
Crossbench: 21
Independent: 3
Bishops: 1
Ulster Unionist Party: 1

Noes: 247


Conservative: 149
Liberal Democrat: 74
Crossbench: 18
Ulster Unionist Party: 1

--- Later in debate ---
Moved by
27A: Clause 11, page 12, line 28, leave out from “of” to end of line 31 and insert “counties and their electoral divisions, districts and their wards, and London boroughs and their wards,”
--- Later in debate ---
Moved by
27C: Clause 11, page 12, line 32, leave out “and county boroughs” and insert “, county boroughs, electoral divisions, communities and community wards”
--- Later in debate ---
Moved by
27D: Clause 11, page 12, line 33, leave out from first “of” to “, and” in line 35 and insert “local government areas and the electoral wards into which they are divided under section 1 of the Local Governance (Scotland) Act 2004”
--- Later in debate ---
Lord McNally Portrait Lord McNally
- Hansard - - - Excerpts

My Lords, the debate has been dominated by realism and cynicism: realism from the noble Lord, Lord Boateng, who said that patronage had oiled the wheels of the Palace of Westminster since time immemorial, and cynicism from the noble and learned Lord, Lord Falconer, who said that he did not trust the Government.

I am grateful to noble Lords for contributing to the debate. I see myself as a transitory Minister but a long-time believer in parliamentary checks and balances on the Executive. There is no difference between us on that. In Committee, we on these Benches outlined two key points that are worth returning to now. First, we are not at all against the spirit of the amendment. Since the Government came to power, they have demonstrated on several occasions that they believe in dispersing power. For example, they moved swiftly in the other place to implement the Wright committee recommendations to establish the Backbench Business Committee, passing control of much more parliamentary time to Back-Benchers and enabling them to elect the chairs and members of Select Committees by taking these decisions away from the Whips, who had such a dead hand on parliamentary democracy for so many years. I am too delicate to name the guilty men at this moment.

Noble Lords, including the noble and learned Lord, Lord Falconer, can be reassured that the Government are not looking to extend their influence. We are not seeking to expand the so-called payroll vote as a proportion of Members in the other place. However, we are not certain that legislating for this is necessary. We have said that we will look at all legislative and non-legislative options for addressing this—and we will—but we need to look at all the ramifications. For example, it might seem an odd consequence if we were to reduce the number of Ministers in one House by increasing the number of Ministers in another—this House. If the business of government demanded a larger number of Ministers who could not sit in the other place, that would be the only alternative. Ultimately, we want to be governed by the principle that the number of Ministers must be a function of need, which is not necessarily related to the number of MPs.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
- Hansard - - - Excerpts

Is the problem not that only a fixed number of Ministers is allowed, and as a result many Ministers in this House are unpaid? Surely that is unfair given the very considerable workload that this House undertakes because the other place does not seem to get round to revising legislation. We are all very appreciative of the Front Bench, but it seems very odd that so many of them should be unpaid so that there can be more paid Ministers in the other place.

Lord McNally Portrait Lord McNally
- Hansard - - - Excerpts

That is a very valid point that could be looked at. Successive Governments have relied on the goodwill of Members of this House to take on considerable duties and responsibilities. Again, I do not rule out looking at those matters. However, now is not the time to legislate on the issue. The reduction in the size of the other place will not come into effect until the next election in 2015. It would be much better to consider these questions closer to the time, when the parliamentary landscape will be much clearer. I assure noble Lords that we are looking at this question, but it does not need to be answered—and it would be wrong to answer it—in the Bill. Therefore, I invite the noble Lord to withdraw his amendment.

I am grateful to the noble Lord, Lord Howarth, for tabling Amendment 27FA. The amendment is similar in principle to that tabled by the noble and learned Lord, Lord Falconer, and the noble Lord, Lord Bach, so I shall be brief in my response. We are sympathetic to the intention of the amendment. The Government are keen to investigate the options for addressing the issue, and keen to hear any thoughts that noble Lords may have. We recognise the noble Lord's desire to limit the payroll vote. However, even with the provisions of the amendment, were the number of parliamentary private secretaries to be increased before a general election, a post-electoral reduction would not introduce the changes that the noble Lord intends. The issue needs further consideration and we cannot commit to making these provisions in the Bill.

We do not wish to see an increase in the payroll vote as a result of the Bill, but now is not the right time to legislate on the issue. The Government believe that it would be better to consider the issues after the change in the political landscape that will be brought about by the Bill has been made clearer. As I said, the issues raised are very real ones about the relationship between the Executive and Parliament, and even in eight months, the Government have established a record that means that the realism of the noble Lord, Lord Boateng, is more appropriate than the cynicism of the noble and learned Lord, Lord Falconer. We will address these matters and I ask the noble and learned Lord to withdraw his amendment.

Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton
- Hansard - - - Excerpts

The noble Lord, Lord McNally, has the respect of the whole House. However, with regard to the two areas to which he referred, the Government’s record over the past eight months has been dismal. The first issue that he mentioned was the Government’s respect for Select Committees, but I have today been shown a letter sent by the Constitution Select Committee of this House, agreed by every single member of that committee, complaining about the fact that the Government did not provide a reply of any sort to their comments on this Bill. The Select Committee said that now that the proceedings are almost over, any reply would be “of no value”. Therefore, the Government are wrong to claim that they have a good record on Select Committees. Secondly, as my noble friend Lord Howarth of Newport said, the Government now have the biggest payroll vote in history.

Therefore, in my view it is misplaced, first, to complain that we should admire the Government for what they have done in those respects over the past eight months, and, secondly, to ask us to trust the Government in relation to delaying the reduction in the size of the Executive proportionate to the reduction in the number of MPs. The noble Lord asked why we should do that now when it would not come into effect until 2015. However, we are legislating now to reduce the number of MPs, and therefore the obvious time to make the change is at the same time. I am completely unclear what further information is required to make a decision about this, the Government having said that they support such a reduction, and so I wish to test the opinion of the House.

--- Later in debate ---
19:39

Division 4

Ayes: 161


Labour: 139
Crossbench: 12
Independent: 3
Conservative: 2
Ulster Unionist Party: 1

Noes: 222


Conservative: 132
Liberal Democrat: 68
Crossbench: 15
Ulster Unionist Party: 1

--- Later in debate ---
Moved by
28A: After Clause 13, insert the following new Clause—
“Review of reduction in number of constituencies
(1) The Minister must make arrangements—
(a) for a committee to carry out a review of the effects of the reduction in the number of constituencies brought about by section 11; (b) for the findings of the review to be published.(2) A majority of the members of the committee are to be Members of the House of Commons.
(3) Arrangements under subsection (1)(a) are to be made no earlier than 1 June 2015 and no later than 30 November 2015.
(4) In this section “the Minister” means the Lord President of the Council or the Secretary of State.”
Lord McNally Portrait Lord McNally
- Hansard - - - Excerpts

My Lords, Amendment 28A provides for a committee to carry out a review investigating the impact of the reduction in the number of MPs from 650 to 600. The arrangements for that would be required to be made between June and November 2015—in other words, directly after the next scheduled general election.

In Committee, many noble Lords asked what the rationale was behind reducing the number of seats in the other place to 600. In response, other noble Lords, including the noble Lords, Lord Wills and Lord Lipsey, proposed setting up an independent or cross-party committee or a Speaker’s Conference, the intention being to consider the size of the other place and to use the various committees’ findings as a basis for determining the size of the House of Commons. We resisted those amendments because we were not persuaded that it was possible to consider the number of factors that some noble Lords suggested and arrive at a golden number that would balance all the considerations and interests. Ultimately, setting the size of the other place is a matter of judgment. We based our judgment on a variety of considerations, including the manifesto commitments of the Conservative Party to reduce the number of MPs. Members of the other place then decided that the reduction should be from 650 to 600.

We also resisted the amendments because the reviews, committees and inquiries would have delayed the boundary review and almost guaranteed that they could not have been completed in time for the next general election, scheduled for May 2015. The result of such a delay would be to use constituencies based on electoral data that would be up to 15 years old. That would fail to achieve a fundamental objective of the Bill: to create more up-to-date and equally sized constituencies and to provide that one vote has equal value throughout the UK. Continuing with the status quo would mean continuing with today's situation, where votes in small constituencies have almost twice the weight of those in larger constituencies.

However, we have listened to the proposals and have sought through the amendment to reflect the spirit of some of the amendments. That is the aim of our post-legislative review of the impact of the reduction of constituencies. Conducting the review under the terms of the amendment would allow practical evidence of the impact of the reduction to be taken into account. We believe that that would be of greater value than a review that could use only hypothetical evidence of what impact the proposed reductions might have. In addition, we have not specified in the Bill detailed terms of reference or factors that the committee should consider. That is to allow the committee flexibility to consider what is necessary and practical in the light of issues such as the time that it has available and the resources at its disposal. I beg to move.

Amendment 28B (to Amendment 28A)

Moved by
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Lord Grocott Portrait Lord Grocott
- Hansard - - - Excerpts

My Lords, I would be grateful if the noble Lord, Lord McNally, would respond on just one point of fact. As we know, one of the major justifications that the Government have offered for the reduction in the number of MPs is—to quote either the Prime Minister or the Deputy Prime Minister—to reduce the costs of democracy. Can the noble Lord confirm to us that among the issues reviewed in five years’ time, according to this amendment, will be an assessment of the savings to the Exchequer from the reduction in the number of Members of the House of Commons, and whether that assessment will weigh those savings against the costs of increasing the size of the House of Lords?

Lord McNally Portrait Lord McNally
- Hansard - - - Excerpts

My Lords, I am grateful for the contribution of the noble Lord, Lord Williamson. I have noticed as this debate has gone on over the days that the comments of the noble and learned Lord, Lord Falconer, have got increasingly strident. However, I am happy to be thought of as one of the old contemptibles in this respect. I think that we are moving closer to what has been the objective all along, as the noble Lord, Lord Williamson, recognised—the urgency of giving the electorate the opportunity of opting for fair votes in fairly drawn constituencies. That has been the thrust of the Bill throughout. That is why we resist these amendments.

As for the question from the noble Lord, Lord Grocott, yes, I fully imagine that a cost-benefit analysis will be included in any post-legislative review—as the noble Lord, Lord Williamson, termed it—that is undertaken. By that time we will also have the full benefit of the reform of this House which my right honourable friend the Deputy Prime Minister will propose in the draft Bill that he will shortly bring forward.

None Portrait Noble Lords
- Hansard -

Ha!

Lord McNally Portrait Lord McNally
- Hansard - - - Excerpts

As I have said before, many of the dynamics of this, and much of the cynicism from the Opposition, will be overtaken by the sheer dynamism of the Government’s reform programme.

If these amendments were accepted, there would be a real risk that the deliberations of the committee and the publication of its review would interfere with, and even potentially undermine, the ongoing boundary review. That could result in fighting the next general election on the basis of unequal constituencies which are based on electoral data that are 15 years out of date. The cynics might even suggest that that has been the motivation behind much of what the Labour Party has been about these last—five months, is it? Secondly, if the review were conducted on the basis of an anticipated reduction of constituencies, the advantage of taking into account what the Bill’s actual effect had been would be lost.

If we put in train the review next month it will be little more than a continuation of the debate that we have had over the past few weeks. Although I know that many noble Lords will be suffering withdrawal symptoms, I think that we should resist this proposal. We have had a very thorough discussion and debate on the reasons that the Government had in mind when they provided for this reduction of the size of the other place. Noble Lords opposite have returned many times to the Government's rationale, probing carefully at each stage of the Bill’s passage through this House.

The culmination of these debates was yesterday, when we debated the proposal for a committee of inquiry moved by the noble Lord, Lord Wills, and the amendment that effectively retained the number of constituencies in the other place moved by the noble and learned Lord, Lord Falconer. Noble Lords tested the opinion of the House on both those amendments and both those amendments were disagreed. Given that, I feel that it is now right that we press on with the boundary review and consider its impact when we have the hard evidence of the impact that it has had. That would have two advantages. First, it would move on from the useful debates that we have had about what might be the case, to see what actually was the case. Secondly, it would allow the aim of the Bill to be achieved, which all sides of the House have said that they are in favour of—that the next election will be based on more equally sized constituencies and the most up-to-date electoral data available. I therefore ask the noble and learned Lord to withdraw his amendment to my amendment.

Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton
- Hansard - - - Excerpts

My Lords, there is force in what the noble Lord says about the rejection yesterday of the amendments on a committee of inquiry. I therefore beg leave to withdraw my amendment.

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Lord McNally Portrait Lord McNally
- Hansard - - - Excerpts

My Lords, I am grateful to all noble Lords for their contributions. Perhaps I should put the statistics given by the noble and learned Lord, Lord Falconer, into place, as I could see a few puzzled faces when he mentioned the figure of £168,000 as the cost per Peer. I thought I saw the noble Lord, Lord McAvoy, take out his pocket calculator to work out why he was getting a fair amount less than £168,000 for attending this place. As newspapers love to bandy around such figures, it is better to put on the record that expenses drawn by most Peers for attending this place average out at about one fifth of that figure. Let us not get canards about—

Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton
- Hansard - - - Excerpts

I completely accept that and I completely accept that £168,000 could not possibly be the costs that an individual Peer draws from the House. I quite understand that, without this correction, people might well have understood that that was what I was saying. However, I was saying that obviously the cost of a Peer is most certainly not simply the expenses that he or she draws but also particular costs such as the provision of a room, heat and support which go up by reference to Peers; and that comes to a lot more. The marginal costs are obviously significantly more than the expenses drawn by individual Peers.

Lord McNally Portrait Lord McNally
- Hansard - - - Excerpts

More and more, the noble and learned Lord reassures me that he was in the MoJ and not the Treasury. I accept that.

I should also like to associate myself with the comments about the quality of newcomers. I really think that the new intake has established itself with authority and that it adds to the strength of the House. As to my own credentials for replying to this debate, before the 1997 election, I was on the Cook-Maclennan committee—the Liberal Democrats and the Labour Party—which discussed reform of this place. Indeed, at one stage in that committee we considered the concept of a great reform Act that would tie all the constitutional reforms into one great Bill. However, we backed off doing that due to the complexity of such a measure.

I should point out right at the beginning that, interestingly, throughout our history there has never been an interdependence in terms of reforming the two Houses. The oft-quoted 1832 Bill was a reform of the House of Commons; it did not touch the House of Lords. The 1911 Bill was a reform of the House of Lords—it did not touch the House of Commons—as was the 1999 Act introduced by the previous Labour Government. Therefore, there is no interdependence in this regard.

I put forward another thought in this interesting debate in relation to the Wakeham commission. I now freely admit that I think we missed an enormous opportunity in not accepting the Wakeham commission’s report. At that time I was a “big bang” reformer who thought that reform could be introduced quickly. I remember saying to the noble Lord, Lord Rodgers of Quarry Bank, that I could not believe that the Labour Government, given the majority that they had, would leave Lords reform on the shelf. I also said, “Wakeham is too timid. Let us wait and they will come forward with a real ‘big bang’ reform”—little did I know. However, as I have said before, there is a lot in the Wakeham report that could be revisited when we consider Lords reform. I also believe that the Steel Bill constituted a missed opportunity on the part of the previous Government. They could have accepted it and it would have been a major step forward.

However, that is in the past. The noble Lord, Lord Forsyth, asked how we could justify enlarging the House of Lords while reducing the size of the other place. The only frank answer to that is, “with great difficulty”. It contrasts with what we are doing in this Bill. However, as I have said, the reason for that in part is the skill with which this House has deflected reform. We are left with a situation where it is difficult, if not impossible, for Peers to resign. We have always had to face the problem that without the ability to resign, and with Peers sitting for life, the composition of this place would be adjusted when Governments changed, and that there would always be a ratcheting upwards unless we addressed more fundamental reform.

However, the illogicality—or the lack of kilter—in what is happening should not be judged as a snapshot but, as I have said before, as part of a moving picture of dynamic reform by the Government, who will bring forward measures. As I explained, the Deputy Prime Minister is chairing a cross-party committee and one of the key issues that it is discussing is the size of the reformed Chamber. We are working to publish a draft Bill for pre-legislative scrutiny early this year.

I understand the variety of views that have been expressed. As one who wants a reform that works, I hope that the pre-legislative scrutiny committee drawn from both Houses will be broad based and will give all sides the chance to put forward their ideas and fears. I am not sure that I have ever accepted the fears about gridlock. Many countries in the world have two elected chambers and manage to work out relationships. I know that many books have been written about the dangers of gridlock developing in the United States and elsewhere but it is possible to work it out. I foresee developments emerging such as a business committee of both Houses which would do that. As I said, I sat on the Cunningham committee. I have always taken the view—the noble Lord, Lord Grocott, and I have debated this—that the relationship between the two Houses and our conventions would hold and would be tested by the two Houses, as they have always been. Therefore, these fears of doom and gloom are much exaggerated.

The Government believe that more can be done to allow Members of this House to leave permanently so that the size of the House can be reduced. The Leaders Group on Members leaving the House, chaired by my noble friend Lord Hunt of Wirral, published its report on 13 January. The Leader of the House has asked the Procedure Committee to come forward with proposals to put these recommendations into effect. I do not think that I would breach any secrets of the Procedure Committee on which my noble friend and I sit by saying that these proposals are on the agenda for our next meeting.

There is a Bill before the other place that seeks to limit the size of this House. The Parliament (Amendment) Bill was introduced by Mr Christopher Chope on 26 October 2010. Although the text of the Bill has not been published, it is clear from its Long Title that it will deal with the number of Peers. The size of this House is an important issue. But determining the size of the other place and this House do not have to be connected to one another in legislation. As I pointed out, they never have been in our history. The Bill aims to deliver concrete improvements to our electoral system as we find it today. Noble Lords will have ample—

Lord Campbell-Savours Portrait Lord Campbell-Savours
- Hansard - - - Excerpts

Will the Minister give us an assurance that the Government will give the Chope Bill time on the Floor of the House?

Lord McNally Portrait Lord McNally
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As such an experienced parliamentarian, the noble Lord knows darn well that I could not possibly give him that guarantee—but that is exactly why he asked that question. Noble Lords will have ample opportunity to discuss this House and all other matters relating to it when the Government's proposals for reforming your Lordships' House are published. As I said, I have great interest in some of these issues and would like to see them pushed forward with a real sense of urgency. In the mean time, I urge my noble friend Lord Forsyth to withdraw the amendment.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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My Lords, I had no intention of pressing the amendment to a vote tonight, but I have to tell my noble friend that he has not addressed the simple question I asked him. Do the Government have a view as to what the limit on the size of this House should be? I get the distinct impression in listening to his explanation of House of Lords reform and the relative sizes of the House of Commons and the House of Lords that the Government are making this up as they go along. If there is a plan for people to be able to leave the House, and if there is a plan for the size of the House, would it not be a good idea to know what the plan is before making additional appointments on such an enormous scale?

I am embarrassed by the praise being heaped upon me by Members opposite. I am in quite enough trouble already without the comments of the noble and learned Lord, Lord Falconer, although I appreciated the kind words of the noble Lord, Lord Low.

I do not enjoy moving an amendment of this kind at all. But I am concerned that not enough thought has been given, as my noble friend Lady O'Cathain pointed out, to the impact on this House of these changes. I am not being overly critical, I hope, of the Deputy Prime Minister, but if he thinks that the current gulf between the voters and Parliament will be solved by making this place larger, altering the nature of the composition of this House and altering the ways in which Parliament functions, I think he is missing what is going on in the country. We are in danger of damaging in this case a well-oiled machine. There is a case for parliamentary reform, but it is more at the other end of the building than at this end.

Because of the response that I have had, it is with considerable regret that I should like to test the opinion of the House.

--- Later in debate ---
20:50

Division 5

Ayes: 136


Labour: 117
Conservative: 8
Crossbench: 7
Ulster Unionist Party: 1
Independent: 1

Noes: 195


Conservative: 111
Liberal Democrat: 63
Crossbench: 13
Ulster Unionist Party: 1