Parliamentary Constituencies Bill

Baroness Henig Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 10th September 2020 Grand Committee

Relevant document: 13th Report from the Constitution Committee

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

My Lords, the Hybrid Grand Committee will now begin. Some Members are here in person, respecting social distancing, others are participating remotely, but all Members will be treated equally. I must ask Members in the Room to wear a face covering, except when seated at their desk, to speak sitting down and to wipe down their desk, chair and any other touch points before and after use. If the capacity of the Committee Room is exceeded, or other safety requirements are breached, I will immediately adjourn the Committee. If there is a Division in the House, the Committee will adjourn for five minutes.

A list of participants for today’s proceedings has been published by the Government Whips Office, as have lists of Members who have put their names to the amendments, or expressed an interest in speaking, on each group. I will call Members to speak in the order listed. Members are not permitted to intervene spontaneously; the Chair calls each speaker. Interventions during speeches or “before the noble Lord sits down” are not permitted. During the debate on each group I will invite Members, including Members in the Grand Committee Room, to email the clerk if they wish to speak after the Minister, using the Grand Committee address. I will call Members to speak in order of request and will call the Minister to reply each time. The groupings are binding and it will not be possible to de-group an amendment for separate debate. A Member intending to move formally an amendment already debated should have given notice in the debate.

Leave should be given to withdraw amendments. When putting the Question, I will collect voices in the Grand Committee Room only. I remind Members that Divisions cannot take place in Grand Committee. It takes unanimity to amend the Bill, so if a single voice says “Not Content”, an amendment is negatived, and if a single voice says “Content”, a clause stands part. If a Member taking part remotely intends to oppose an amendment expected to be agreed to, they should make this clear when speaking on the group. We will now begin.

It is currently intended that we will take a break at 5 pm for 15 minutes. There has been some suggestion that not all Members are happy with this. I suggest, therefore, that the three Whips get together at some point to decide whether they wish to have this break. It being a Thursday, I can understand that people might have different feelings about it.

Amendment 12

Moved by

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[Lord Janvrin (CB) [V]]

I will speak briefly in support of the amendment introduced by the noble and learned Lord, Lord Thomas. As was discussed on Tuesday, the Bill introduces automaticity into the implementation of new constituency boundaries following a boundary review. This is a move which I support. This amendment is a further step to ensure that the review process is, and is seen to be, totally impartial. Its aim is to strengthen the independence of the Boundary Commissions themselves by setting out how the appointments of their members can be made independently and without the possibility of political interference. The importance of this was underlined by the Constitution Committee and the arguments in favour of this additional clause have just been well set out by the noble and learned Lord, Lord Thomas.

I simply add that I hope there will be no temptation to argue that this amendment is unnecessary. If the Minister does take that line when he replies, he would be saying in effect that we can trust the present appointments system. I ask him to reflect on this in the context of the level of public trust in politics today, which was touched on in our debate on Tuesday. When winding up the Second Reading debate earlier this year, the Minister said that the Boundary Commissions

“are independent and neutral; they must and will remain so”.—[Official Report, 27/7/20; col. 96.]

This amendment will surely assist the Government in meeting this worthy pledge.

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

Lord Liddle. No? We will move on to the noble and learned Lord, Lord Morris of Aberavon.

[Lord Morris of Aberavon (Lab) [V]]

My Lords, it is a pleasure to support the noble and learned Lord, Lord Thomas. As Welsh Secretary, I ran a mile whenever I thought there was a conflict of interest. It is for others to judge whether I succeeded. It goes without saying that I did the same as Attorney-General. The spirit and meaning of this amendment is that the office of Lord Chancellor has been changed. It certainly gives the appearance of being a more political office. I will make no comment on his statutory duty to maintain the rule of law in the present circumstances, but it is important to distance the appointment of the Boundary Commission from a perception of closeness to party interests. The machinery—the bread and butter—of general elections is the make-up of constituencies. This is what the Bill does, with disastrous consequences for the representation of Welsh electors. A judicial method of appointment removes the semblance of political interests.

As Welsh Secretary, I had experience of a parallel matter. In what I would call my vice-regal role, it was my duty to appoint the chairman of the Local Government Boundary Commission and, I believe, its members. I presume that this duty went, on devolution, to the Assembly and it is too late to amend it, but it is important so far as England is concerned. The same argument—the need to distance decision-making from a politician—applies to this kind of appointment and the Boundary Commission itself. On assuming office, I inherited the proposed appointment of the Local Government Boundary Commission chairman from my Conservative predecessor. I was not satisfied with the proposed appointment.

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[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

I have received a request to speak after the Minister from the noble Baroness, Lady Hayter of Kentish Town.

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Amendment 12 withdrawn.

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

We now come to the group consisting of Amendment 13. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.

Clause 5: Number of parliamentary constituencies

Amendment 13

Moved by