Parliamentary Voting System and Constituencies Bill

Lord Anderson of Swansea Excerpts

Monday 17th January 2011 Lords Chamber

[Lord Soley]

I said a number of times, as I did in my last speech, that I am not sure whether the Tory Party would gain as much as it thinks, but it clearly thinks that it is going to gain. They are saying it over and over again. Does he deny there is evidence of that? It is also in the speeches. David Cameron said in 2009, “We are unfairly treated”, so what is he saying? Do your Lordships think that he really has not asked his party workers to work it out? Of course he has.

[Lord Anderson of Swansea]

Surely, even if were not to turn out that way, the very process raises the question. It will be a tainted process and people will suspect it as such.

[Lord Soley]

The point I made earlier is that if a major party is left out of the arrangements for deciding the size of the legislature, there will be trouble. I give way to my noble friend, who has great experience of this sort of thing.

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[Lord Lipsey]

I defer absolutely to my noble friend. Indeed, I was quailing in my seat at the thought of the intervention he might make, which might have sent me back to the classroom on this matter.

[Lord Anderson of Swansea]

On the Speaker’s Conferences, I genuinely am ignorant about this one question. To what extent was there a clear remit to each of these Speaker’s Conferences? From this debate, it is rather important that there should be flexibility and that a number of principles should be put to the Speaker’s Conference to decide. Has it been the practice to give a very broad remit or to set out in extenso the various principles on which the Speaker’s Conference should decide? Since my noble friend has devoted all of one Sunday to the study of this subject, I am sure he can enlighten us.

[Lord Lipsey]

Noble Lords will find that a range of experiences are set out in a Speaker’s Conference Standard Note, House of Commons document, SN/PC/04426, which has in it most of the knowledge that I have tried to impart. In some ways we should learn from the shortcomings of past Speaker’s Conferences in setting up this new one. They have tended to be rather big, often having 27 members. Not all of them have included Members of this House. For very good reasons I am sure that this time we would want to include Members of this House this time. In particular—this deals with the point that the Government might make against them—this one will need a speedy timetable as it is no part of the purpose of this side of the House to delay a decision or to make it impossible to introduce these changes for the next general election, if that is the desire of Parliament. Indeed, it would speed the passage of this bit of the legislation through this House if there was such a speedy conference. I really do not think this issue is so complicated that two or three months of hard work would not get us a good verdict which would enable the whole process to go forward on a sound basis of consensus, and therefore to endure.

The Government have rushed us into a bad place and now they are complaining that we are rushing willingly into that place. The figure they have come up with may be right, but if it is right it is by sheer fluke, not by plan or consideration. This House, of the parliamentary Houses, stands for a reasoned approach to public policy, and in particular to public policy on our constitution. I therefore commend this amendment to the House.

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[Baroness Hayter of Kentish Town]

It is the decision-making that I am interested in, but it seems to me that we need an independent committee that can go out to hear those views before it makes its recommendations. We need to decide how many electors can effectively be represented by a Member in the other place and not how many electors an MP can represent. Let us look at it the other way round: how many electors can effectively be represented by a Member of the other place? That means talking to those voters and asking them how they see the need for such direct communication with their representative, how they want to feel represented and how they want to be consulted.

[Lord Anderson of Swansea]

I think that my noble friend is arguing both for an independent group and for a Speaker’s Conference, because either, in their different ways, could achieve her aim. A Speaker’s Conference could commission public opinion surveys and would have the benefit of having Members of Parliament who could give the view from the front line. That would have a more valuable conclusion. I do not see why my noble friend is arguing against a Speaker’s Conference, which could do very much as she is suggesting.

[Baroness Hayter of Kentish Town]

If I may say so, I think that that is the voice of the trade union of former Members of the other House, as opposed to those of us who have never been there.

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[Lord Goldsmith]

I entirely agree with the noble Lord and I apologise for not realising that he wanted to intervene. The point that he makes is that part of the point of the relationship between the Executive and the legislature—the Executive and Back-Benchers—is precisely that Back-Benchers and Parliament as a whole can keep Ministers to account. If you get an imbalance, where the Executive stays the same but the number of Back-Benchers reduces by 10 per cent or thereabouts, that ability for accountability disappears.

I come back to the question raised by the Leader of the House—why is this relevant to this amendment? It is relevant to this amendment—to both amendments—because both talk about the need for assessing on a rational basis what the right position should be. I do not see, given how important is the relationship between the Executive and the rest of the legislature, how we can address the issue without dealing with the number of Back-Benchers compared to the size of the Executive. An independent commission could look at the question and make recommendation; so, indeed, no doubt, could a Speaker’s Conference. Either of the amendments has the benefit of that assessment.

[Lord Anderson of Swansea]

Does my noble and learned friend accept that, when he talks about the members of the Executive as a whole, he should include not only the Government, but also Parliamentary Private Secretaries, the numbers of whom have proliferated and who feel themselves equally to be within the big tent of government?

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[Lord Davies of Stamford]

I am grateful for my noble friend’s support. That, indeed, is the right answer to the noble Lord, Lord Renton. In practice we have accepted these decisions. Part of the consensus on which British politics has been based is that we do not interfere with the Boundary Commission. We let it get on with its job, and we respect its decisions and its independence. It is deeply conscious of its responsibility in the light of the trust placed in it by Parliament and the public. When it has concluded its work, we accept the umpire’s decision. That is in the best British tradition, if I may say so.

[Lord Anderson of Swansea]

Is not the problem with what the noble Lord, Lord Renton is saying that he is arguing that the majority in the other place should be sufficient for the time being? That majority might change after an election. I can imagine the roars of disapproval at that new majority if we in opposition became the majority, and the roars of opposition from the other side. After a change of government, we would have as much legitimacy in changing the numbers as the current majority has if there were no interposition of some independent body, whether it be a Speaker’s Conference or some other form of independent commission.

[Lord Davies of Stamford]

I very much hear what my noble friend says. Of course, he has said similar things in the debate this evening, and he said them very well. I repeat that I was saddened and surprised to hear the noble Lord, Lord Renton, take the line that he took. I know he is very conscious of the history of this country and the history of the world. He just has to look at the history of other European countries over the past 100 years to see the terrible things that arise when Governments allow themselves to use a momentary parliamentary majority to change the rules of the game and change the constitution of the country. That is a very dangerous road to go down. If you compare the degree of legitimacy, public support and stability that we have enjoyed in this country for centuries with some of the histories of countries whose parliaments have not had that sense of moderation, limit and self denial in the exploitation of the momentary majority, I think you conclude that we have been very blessed by those traditions. It would be a very sad day if we were to overthrow those traditions and go down the road which the Government appear to be leading us tonight.

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[Baroness Farrington of Ribbleton]

Although the noble Lord, Lord Strathclyde, is no longer in his place, I am certain that the noble Lord, Lord McNally, will be aware that the answer to my question about when a Government last sought to control the absolute number of constituencies in the other place was 1832, which is a long time ago. I hope that the noble Lord, Lord McNally, will accept that there could have been an element of gerrymandering then and now.

[Lord Anderson of Swansea]

My Lords, my noble friend has made a persuasive case that has drawn on her personal experience in a very effective way, but I am not, in fact, persuaded because I do not see what is the magic about the number 630 as against, say, 625 or 635. In my judgment, the exact number should be left to the work of the boundary commissioners, who should be given fairly strict criteria on which to work. That should be the way in which we reach a particular number.

Before going further along the approach that I would favour, I want to make one or two preliminary remarks. First, we are in some interesting and, indeed, unprecedented times. The political scientists among us—I think I saw the noble Lord, Lord Norton of Louth, here, but he may not be in his seat—must be salivating at the way in which we are making precedents. The closure was moved and it may well be that the noble Lord, Lord Trefgarne, and other noble Lords intend to move further closures. That is unprecedented, but it may well be that we are moving along the route of virtual guillotines, as they have in the other place. That would put a very different complexion on the spirit of debates in this House. I suspect that the noble Lord, Lord Norton of Louth, will be rather like Max Boyce—whose name was mentioned by, I think, my noble friend Lord Kinnock—who used to go around great rugby games in Wales and say, “I was there”. When he is lecturing to his students about this great new precedent, the noble Lord, Lord Norton of Louth, can say, “I was there”. He has probably gone home by now, but at least he was there at the relevant time. When the closure was moved—which could, as I say, be analogous to a guillotine—and the noble Lord, Lord Trefgarne, heard the Lord Speaker read out that that could happen only “in exceptional circumstances”, I was reminded of Alice in Wonderland, where “words mean what I want them to mean”. Clearly, in his vocabulary, “exceptional” is a very flexible word indeed. We are moving in this very interesting way.

Secondly, I just want to comment on the intervention made by the noble Lord, Lord Strathclyde. Given that we had had a debate of about two hours and 45 minutes, it is normal and courteous at the end of such a lengthy debate for the speaker from the government Front Bench to give due weight to the contributions that have been made, but we had just a few minutes for that. Some might have thought that that was arrogant, but I was prepared to give the noble Lord the benefit of the doubt and assume that that was just an hors d’oeuvre—a little taster on the way—and that far more debate would be allowed, to which he would give a second and far more substantive reply. But, no, he colluded with the noble Lord, Lord Trefgarne, in truncating the debate at that stage. Again, that is closer to arrogance.

Finally, I think that the reason that the magic figure of 600 has been raised is due to the inflexibility that has come about as a result of the coalition. A deal has been done in a smoke-filled room—although perhaps we no longer have smoke-filled rooms—and neither party to the coalition is prepared to move one iota away from that. Clearly, that inflexibility may change. Who knows what will happen to the Liberal Party over the next four or five years? Will there be a formal merger of the two parties? In the recent Oldham East and Saddleworth by-election, there were hints that one party might make way for the other or at least tell its supporters to support, as best they can, the candidate who has the better chance. Indeed, we do not know in which party Mr Clegg will be by 2015. Things are moving along, anyway, and that may well be the reason for this inflexibility.

I personally am not convinced of the case for 630. I do not know what the right number is—I am prepared to leave that to the wisdom of the Boundary Commission—but I know that any number that is chosen will have party-political consequences. If there are party-political consequences to 600, there will also be party-political consequences to 630 and to 500. In deciding on the numbers, or indeed on the approach, a Government can move in one of two ways. They can make up their own mind and bring down some figure as if on a tablet of stone, like Moses from the mountain, and say, “That is the number that we insist upon”. The problem with that is that the Government’s decision will be tainted. If we accept—as I think everyone should—that any number will have party-political consequences, people will believe that the number that the Government have chosen is the number that the Government think is to their party advantage. However, being an innocent in politics, I am sure that the Government had before them a little notice saying, “The national interest”, and that, in their judgment, the number 600 accords exactly with the national interest. However, the public and the chattering classes may be a little more sceptical than I am.

If one is serious about the numbers, surely one must adopt another device that, in so far as is practicable in the circumstances, enjoys the greatest amount of political support. Otherwise, what will happen is that, just as one Government can choose a number that—rightly or wrongly—the public believe is in the party interest of that Government, so another Government could come along and say, “We will alter the rules for our political advantage”. Surely that is wrong. It is wrong that any number should be considered to be based on partisan grounds. The only way of ensuring that the figure is believed to be legitimate and of ensuring that it has staying power in the longer term is for the Government not to impose a number but to bring in some system whereby there is an independent assessment.

Therefore, however persuasive my noble friend has been—she made a very good and plausible case—I think that her magic figure of 630, although it would be more acceptable because it would provide greater flexibility and a greater opportunity for the boundary commissioners to take account of localism and time boundaries and all the other important matters, would still lead to inflexibility. My judgment is that the boundary commissioners, subject to strict rules, should be given as much flexibility as possible to take account of all relevant criteria.

[Lord Winston]

My noble friend Lord Anderson was so quick on his feet that I did not have a chance to ask my noble friend a point that is directly related and relevant to the amendment that she has moved. I should like to ask her now, if I may. Noble Lords opposite know that I never give long speeches and I always try to speak to the point of a debate when I join it. I should like my noble friend to clarify how she arrives at the figure of 630. I genuinely do not understand why it is not, for example, 625 or 635. It would be very helpful to have the mathematics behind what she is proposing. I do not have a view about how big the House of Commons should be. I am inclined to believe that the number probably should be reduced but I do not understand how she has arrived at the figure that she is proposing.

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[Lord Howarth of Newport]

I completely agree with my noble friend. I have said that I do not think it is appropriate for Governments or politicians to fix the size of the House of Commons. That should emerge from the deliberations of the Boundary Commissions, themselves informed by the criteria that a Speaker’s Conference or some other independent body has formulated and proposed for discussion and debate in the country and upon which I hope we could reach consensus.

As I say, I am anxious to conclude my speech, but I just want to say something about immigration. I was mentioning that Mr Greg Hands, the Member of Parliament for Hammersmith and Fulham, stated in 2007 that he had between 700 and 800 unresolved immigration cases in his constituency case load. It is immense. We are now seeing a tighter cap on immigration brought in by the coalition Government, so that it can only be expected that this pot will boil even more vigorously and fiercely than it has in the past and that Members of Parliament will be very busy with that. Of course, they are going to be busy dealing with the crisis about student debt and, very possibly, with bankrupt universities in their constituencies.

[Lord Anderson of Swansea]

My noble friend has given some examples of the increased workload on Members of Parliament: for example, the fact that with increased boundary changes there will also be a degree of internecine strife between Members of Parliament who will fear that a neighbour, perhaps of the same party, will seek to oppose them in future boundary revisions. Is he also aware that it is increasingly difficult to find Members of Parliament to be members of Select Committees? We pride ourselves on our Select Committees, but even the Foreign Affairs Committee—which I had the honour to chair over two Parliaments and which was, along with the Treasury Committee, probably the most prestigious and sought-after committee—frequently did not have more than two-thirds of its members present. That problem is surely likely to increase.

[Lord Howarth of Newport]

My noble friend Lord Anderson of Swansea must not tempt me to repeat myself. We must not repeat ourselves in these debates because there are many substantive issues that we need to look at. However, I suggested in some observations in an earlier debate that there was a problem in finding all the people needed to be members of the important committees in another place.

[Lord Anderson of Swansea]

I was not talking about finding people to be members but getting them to attend.

[Lord Howarth of Newport]

I had the temerity to touch on that, too, but I did not have time—because I did not wish to detain the House—to talk about the importance of finding people to serve on the Council of Europe and the NATO General Assembly, and for all the other important responsibilities that Members of the House of Commons, between them, all carry.

My noble friend touched on the possibility of internecine strife developing between existing Members, who might find themselves in some contest for the nomination for a future constituency. I will give way in a second. I do not think that in the Labour Party people would be so uncomradely as to engage in that, but who can say what might happen among the Members of Parliament of the parties opposite?