Parliamentary Voting System and Constituencies Bill

Baroness Primarolo Excerpts

Monday 1st November 2010 Commons Chamber

[Mrs Laing]

I beg to move amendment 205, page 12, line 21, at end insert—

‘(A1) In relation to a report under section 3(1) that a Boundary Commission is required by section 3(2) to submit before 1 October 2013—

(a) a Boundary Commission shall make information available via their website, and if they see fit by other means, on their proposed general approach to the application of Schedule 2;

(b) representations with respect to this proposed general approach may be made to the Commission during a specified period of eight weeks; and

(c) the Commission shall take into consideration any such representations duly made prior to the provisional determination of any recommendations affecting any constituency.

(A2) A Boundary Commission’s “proposed general approach” shall include, but need not be limited to—

(a) the processes by which they intend to seek to ensure the application of rule 2, and in the case of the Boundary Commission for Northern Ireland of rule 7, including the circumstances in which they will consider recommending that wards, electoral areas and divisions should be divided between two or more constituencies, and the information on which they intend to rely in determining how to carry out such a division, and

(b) the extent to which they intend to take into account each of the factors described in rule 5(1), and in the case of the Boundary Commission for England of rule 5(2).’.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

Amendment 206, page 12, leave out lines 22 to 34 and insert—

‘(1) Where a Boundary Commission has provisionally determined to make recommendations affecting any constituency—

(a) they shall take such steps as they see fit to inform people in the constituency of the effect of the proposed recommendations and that a copy of the recommendations is open to inspection at a specified place within the constituency,

(b) they shall make available via their website, and if they see fit by other means, copies of their proposed recommendations and information on their effect, together with such information as they have on the number of the electorate in every sub-division of every ward, electoral division and electoral area in England, Scotland, Wales or Northern Ireland, and

(c) representations with respect to the proposed recommendations may be made to the Commission by people whether in or outside any given constituency during a specified period of 12 weeks, and the Commission shall take into consideration any such representations duly made.’.

Amendment 15, page 12, leave out lines 35 to 41 and insert—

‘(1A) A Boundary Commission may cause a local inquiry to be held for the purposes of a report under this Act where, on publication of a recommendation of a Boundary Commission for the alteration of any constituency, the Commission receives any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering one hundred or more.

(1B) Where a local inquiry was held in respect of the constituencies before the publication of the notice mentioned in subsection (1) above, that subsection shall not apply if the Commission, after considering the matters discussed at the local inquiry, the nature of the representations received on the publication of the notice and any other relevant circumstances, is of an opinion that a further local inquiry would not be justified.

(1C) In subsection (1A) above, “interested authority” and “elector” respectively mean, in relation to any recommendation, a local authority whose area is wholly or partly comprised in the constituencies affected by the recommendation, and a parliamentary elector for any of those constituencies.’.

Amendment 209, page 12, leave out lines 35 and 36.

Amendment 194, page 12, line 35, after ‘(2)’, insert ‘Subject to subsection (2A) below’.

Amendment 195, page 12, line 36, at end insert—

‘(2A) The Boundary Commission for Northern Ireland shall cause a public inquiry to be held for the purposes of a report under this Act covering the whole of Northern Ireland, where any representation objecting to a report has been received from the council of a district in Northern Ireland or from a body of parliamentary electors in Northern Ireland numbering one hundred or more from two or more constituencies.’.

Amendment 210, page 12, leave out line 41.

[Mrs Laing]

I am glad that we are going to be able to debate all these amendments in this one debate. It is unfortunate that the hon. Member for Nottingham North (Mr Allen), the Chairman of the Political and Constitutional Reform Committee, cannot be present, as he would have relished the opportunity to speak to these amendments on behalf of our Committee. I am pleased to see that other members of the Committee are in the Chamber, however, and they may wish to echo those sentiments. In the absence of the Chairman, I shall speak to amendments 205 and 206, which arise from the Committee’s report on the Bill—the nearest that we got to pre-legislative scrutiny.

The purpose of amendments 205 and 206 is to ensure that consultation by the boundary commissions is as meaningful as possible. Amendment 205 would require them to hold a one-off, short consultation on how they intended to approach the division of England, Scotland, Wales and Northern Ireland into constituencies before the first review—the 2011 to 2013 review—took place. It would allow people to give their views on the extent to which, for example, county boundaries should be crossed and which ward sub-division might be desirable and, where wards are sub-divided, on the kinds of sub-division to be used. The Committee has asked the House simply to consider whether amendment 205 would—we hope that it would—increase the perceived legitimacy of the boundary commissions’ decisions, and reduce the likelihood of local frustration and the possibility of legal challenge to their recommendations.

Amendment 206 is intended to improve the quality of the consultations that the boundary commissions conduct under each proposed future review. As the Committee said in its report:

“The legitimacy of the next boundary review in the eyes of the public is likely to be strongly influenced by their ability to participate effectively.”

The amendment would allow people to make representations to the commissions on constituencies other than the one in which they live, and it would require information on the number of electors within sub-ward divisions of constituencies to be made available nationwide. I appreciate that the Government are working to a very tight timetable and we do not have very much time for debate this evening. Members wish to raise important matters, so I shall be as brief as I can.

The purpose of the amendments is to ensure that people have, first, the information about their locality that they need to make to the boundary commission a proposal that keeps within the rules, and, secondly, the right to make recommendations about constituencies other than the one in which they live so that that they are not prevented from making suggestions about their locality that would otherwise take their constituency outside the range of the 5% flexibility permitted. I appreciate that I have truncated the case, for the reasons that I have set out, but I am sure that hon. Members who are interested in the matter and, certainly, Ministers will already have read the Select Committee’s report and fully appreciate the importance of the points that I have put to the House.

The Government may not wish to accept the amendments, but they are intended entirely to be helpful and constructive. The Committee took a cross-party position, and the amendments are not political. Given the timetable to which the Government are working, however, they may not wish to consider these matters. If the Minister is not prepared to accept the Committee’s amendments, how will the boundary commissions ensure that consultation with local people is meaningful, and that the mass of the new rules is not so constructed that local feeling on constituency boundaries cannot be taken into account?

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[Mrs Laing]

Well if he has, he has: I am sorry that I did not notice. [Interruption.] I have said on more than one occasion—

[Madam Deputy Speaker]

Order. I know that people have strong views on this, but, Mr Tami, it would help if you proceeded by intervention rather than by shouting across the Chamber: it is very distracting. Thank you very much.

[Mrs Laing]

Thank you for your protection, Madam Deputy Speaker. Regardless of where the hon. Gentleman has been, he can have this argument with the Government, but he cannot have it with me, because I have said on more than one occasion—and I will say it again, but it does not really matter, because nobody listens to what I say—

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[Sadiq Khan]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. As the right hon. Gentleman rises to answer that intervention, may I remind him that he is supposed to be addressing his remarks to the Chair, and not to have his back to the Chair?

[Sadiq Khan]

It is with pleasure that I address the Chair, Madam Deputy Speaker. May I tell my hon. Friend that one of the important things about an oral inquiry is the fact that such points can be teased out. The ability of the assistant commissioner to tease out and uncover points is hindered by written submissions. My hon. Friend raises a serious point.

The tradition of boundary reviews is that they tend to be politically uncontentious. All those with an interest—political parties, local authorities, community organisations and individuals—have the opportunity to participate. The commissioners adopt the recommendations of assistant commissioners only because they believe them to be improvements on the proposals. Such recommendations come not from the political parties, but from the assistant commissioner after he or she has heard evidence from the community. Political parties are part of that community—I am proud to be part of that community— and the same judgments are unlikely to be reached based solely on a written consultation. The inquiry allows all those with an interest to comment not only on the commissioner’s proposals but on those of others, so that all counter-proposals are tested in the same way. Such transparency and engagement is what gives legitimacy to the boundary review process. This Bill, with clause 15 left unchanged, would remove the opportunity for the public to have a meaningful say over the reform process and would replace a transparent system with an opaque one.

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[Mrs Laing]

I rise to defend myself, because that is not at all what I said. On the contrary, communities and local traditions are very important. It is important to have a parish council representing a village and to have Cornishmen feeling Cornish and caring about Cornwall—nobody is changing Cornwall. It is very important to respect local history and the feelings of local communities. That is not reflected in the boundaries of parliamentary constituencies. There are many other ways in which those traditions and communities are respected, observed and upheld. It is not in the boundaries of parliamentary constituencies—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Interventions should be short, not a second speech.

[Mark Durkan]

Thank you, Madam Deputy Speaker. I take no responsibility for the possibility that the boundaries of interventions were exceeded there.

I would take the hon. Lady’s point if she had said that in her speech, but that was not the attitude she conveyed. Then, it was the numerical imperative that was going to achieve an equality that she believed overrode every other possible consideration, including those that she has just outlined. Boundary commissions have been able to ensure that these sorts of local considerations are brought to bear on the construct of parliamentary constituencies. In future, after this Bill, however, that is going to be hard.

I do not accept that we should lose the ability to have local inquiries in general as part of electoral reform, but my fall-back amendments are designed to protect the particular circumstances of Northern Ireland, where, as I said when speaking to earlier amendments, it needs to be borne in mind that the parliamentary constituencies are, by statute, also the constituencies for the Northern Ireland Assembly. Many of the issues that will come up as matters of local contention and perhaps even party political controversy will pertain as much to the Assembly constituencies as to other constituencies. Of course, the Northern Ireland Assembly is elected on the basis of proportional representation, which is meant to be about giving equal weight to votes, including those of minorities in particular Northern Ireland constituencies. That is part of the agreement. We want to ensure that, rather than decisions in Northern Ireland being driven by robotic computer-generated arithmetic suggesting boundaries that will secure the numbers that fit, a local regional inquiry can take account of the different interests—not just party interests, but civic and local community interests.