142 Lord Foulkes of Cumnock debates involving the Cabinet Office

Mon 1st Feb 2021
Wed 30th Dec 2020
European Union (Future Relationship) Bill
Lords Chamber

3rd reading & 2nd reading (Hansard) & Committee negatived (Hansard) & 3rd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords & 2nd reading & Committee negatived
Thu 8th Oct 2020
Parliamentary Constituencies Bill
Lords Chamber

Report stage & Report stage (Hansard) & Report stage (Hansard) & Report stage (Hansard): House of Lords
Tue 15th Sep 2020
Parliamentary Constituencies Bill
Grand Committee

Committee stage:Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords

Dunlop Review

Lord Foulkes of Cumnock Excerpts
Monday 1st February 2021

(3 years, 3 months ago)

Lords Chamber
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Asked by
Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock
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To ask Her Majesty’s Government what action they (1) have taken, and (2) plan to take, as a result of the Dunlop Review into UK Government Union capability.

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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My Lords, we have made progress in many of the areas covered by the noble Lord, Lord Dunlop, and we will set out the Government’s response in full when we publish the review, shortly.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op) [V]
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My Lords, does the Minister recall that it was way back on 4 July 2019 that the noble Lord, Lord Dunlop, was asked to produce a report on measures to strengthen and sustain the union? He delivered his report within six months, and the very Minister who is answering this Question told me, in answer to my Question on 19 November last year, that the report and the Government’s response would be published by the end of that year. So how can we have any confidence in his answer today, that it will be published soon? Why are the Government afraid, or unwilling, to publish this report and their response?

Lord True Portrait Lord True (Con)
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My Lords, there is no question of fear—although I always rise to answer the noble Lord with some trepidation. I give the House the best advice I can at the time, and the hope then was to publish by the end of the year. We want to ensure that we provide as full a response to the noble Lord, Lord Dunlop, as possible. As I have told the House before, the key component of that is related to the review of inter-governmental relations, and we are hoping to carry both those strands forward at the same time.

Elections: May 2021

Lord Foulkes of Cumnock Excerpts
Thursday 14th January 2021

(3 years, 3 months ago)

Lords Chamber
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Lord True Portrait Lord True (Con)
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My Lords, characteristically, my noble friend makes an interesting and novel suggestion, which I will certainly ensure is passed on to those involved. But I repeat: we must have a high bar for even a short postponement of democracy, and any such decision would certainly never be taken lightly or rushed into. The Government will continue to work with the electoral community on the matter.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op) [V]
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My Lords, since health conditions are likely to be similar throughout the whole of the United Kingdom in May, and there are parliamentary elections planned for Wales and Scotland, what discussions are Her Majesty’s Government having with the devolved Administrations to make sure that there is a uniform decision throughout the United Kingdom as far as elections are concerned?

Lord True Portrait Lord True (Con)
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As the noble Lord knows, there have been by-elections in Scotland. But it is for the Scottish and Welsh Governments to take decisions around polls which are within their competence. I can assure him that, in line with our approach elsewhere, all three Governments will try to co-ordinate our work, where possible. The UK Government continue to have regular discussions with counterparts in Scotland and Wales on delivering the polls in May.

Essential Services: Large-scale Technology

Lord Foulkes of Cumnock Excerpts
Tuesday 12th January 2021

(3 years, 3 months ago)

Lords Chamber
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Lord True Portrait Lord True (Con)
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My Lords, again, that is a very broad question, but the issues that the noble Lord addresses are extremely important and I take the sense in which he has offered it. Human judgment is, in the end, irreplaceable—your Lordships’ House could never be replaced by an algorithm.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op) [V]
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My Lords, but does the Minister accept that some older people are denied access to vital services because of digital exclusion? Will the Government support means to help increase their access and provide an alternative way of accessing services for those who are unable to access the internet?

Lord True Portrait Lord True (Con)
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My Lords, the noble Lord makes a very important point. Looking at the colour of our hair, he and I should declare an interest in this matter. We need to extend understanding and use of technology, and access to it, but equally I urge all organisations, including banks, to remember that for many people a personal service is not only a matter of choice but a matter of necessity.

EU-UK Trade and Cooperation Agreement

Lord Foulkes of Cumnock Excerpts
Friday 8th January 2021

(3 years, 4 months ago)

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Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op) [V]
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My Lords, having expressed my support for the campaign to rejoin the European Union in our previous debate, today I will deal with just one matter: the role of the devolved Administrations. It is vital for the future of our United Kingdom that we get this right. In doing so, we must state clearly but firmly that negotiation of international treaties is now the responsibility of the United Kingdom Government but, when devolved areas are being discussed in these negotiations, the devolved Administrations must be involved meaningfully.

As part of the review of intergovernmental relations, we need a clear and unambiguous agreement. Ministers from the devolved Administrations should be involved in the appropriate meetings. A new memorandum of understanding must be agreed so that there is little or, preferably, no room for misunderstanding. Now is the time to recognise the legitimate interests of the devolved Administrations and give them a real and effective role where appropriate, while reaffirming the central responsibility of the United Kingdom Government and this Parliament for the whole of the United Kingdom. Other countries, such as the USA and Germany, involve their states and their lander effectively, without challenging the integrity of the country as a whole. If we do not deal with this as a central and urgent part of the agreement, the future of our United Kingdom will be in jeopardy. I hope that the Minister can deal with this in his reply.

European Union (Future Relationship) Bill

Lord Foulkes of Cumnock Excerpts
3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 30th December 2020

(3 years, 4 months ago)

Lords Chamber
Read Full debate European Union (Future Relationship) Act 2020 View all European Union (Future Relationship) Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 30 December 2020 - (30 Dec 2020)
Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op) [V]
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My Lords, I am pleased to follow the noble Lord, Lord Lang, although not his line. Instead, I return to the 1960s and 1970s, when some of us were campaigning for the United Kingdom to join what was then called the Common Market, when it was supported by very few in the Labour Party. Those on the far left described it as a “capitalist conspiracy” and some of us were held back in politics because of our support for Europe.

Thankfully, by the time of the referendum in 1975, more had recognised that the EU was not just a force for peace, but a way of maintaining high environmental, safety and social standards, even when we had a right-wing Government in the United Kingdom. That referendum was won not by the slim majority of the 2016 referendum, but by a margin of two to one. I was pleased to play a part by helping to organise the campaign in Scotland.

But even that convincing majority never silenced the critics—the little Englanders who kept on and on with their anti-EU campaign and many false stories about Europe, which are too numerous to elaborate. Indeed, the current Prime Minister promulgated some of them. All of this resulted in David Cameron, like a rabbit caught in the headlights, conceding a totally unnecessary referendum to try—unsuccessfully, as it turned out—to appease his critics in the Tory party. With a campaign of dubious funding and even more dodgy publicity, they obtained just a slim majority, which took even them by surprise. As a result, they have struggled to negotiate this complicated and inadequate deal, which seeks to unstitch 40 years of really fruitful co-operation.

Today we have the unenviable choice of supporting a poor deal or rejecting it in favour of the even worse option of no deal. So, I will support the Government in this Bill not because I welcome the deal but because it is the less bad option. In doing so, while accepting the deal we are not endorsing it—that is a crucial difference. We also reserve the right to seek to renegotiate, as well as review, and ultimately—in my view—to seek to rejoin the European Union, which I believe will be increasingly successful.

Those who campaigned for decades to have us leave cannot deny us the same right to persuade the British people to think again. For those of us who fought the campaign in the 1970s, and the youngsters I believe will now join us, it is the time now to gird up our loins and prepare to renew the fight to restore our rightful position within the European Union.

Union Capability: Dunlop Review

Lord Foulkes of Cumnock Excerpts
Thursday 19th November 2020

(3 years, 5 months ago)

Lords Chamber
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Asked by
Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock
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To ask Her Majesty’s Government when they expect to publish the report of the Dunlop Review into UK Government Union capability.

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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My Lords, as the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office told the House of Commons Public Administration and Constitutional Affairs Committee on 10 September, the Government intend to publish the Dunlop review before the end of the year.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
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My Lords, does the Minister recall that the noble Lord, Lord Dunlop, was asked to review the strengthening and sustaining of the union? Given the Prime Minister’s gaffe when speaking to northern MPs earlier this week, which fuelled the fires of nationalism, is it not time for the Dunlop report to be published now and for the Prime Minister to act on it?

Public Procurement (Amendment etc.) (EU Exit) Regulations 2020

Lord Foulkes of Cumnock Excerpts
Monday 16th November 2020

(3 years, 5 months ago)

Grand Committee
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Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op) [V]
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My Lords, I am grateful to the Minister for his introduction and for the very helpful Explanatory Memorandum to the regulations, which tells us that the EU regulations have ensured that the

“public procurement market is open and competitive and that suppliers are treated equally and fairly.”

It goes on to say that in most respects that will remain substantially unchanged; any changes will be to correct minor deficiencies. Therefore, I should like to follow up on my noble friend Lord Blunkett’s third point and ask the Minister whether he can explain some recent public procurement decisions in light of this.

Why, for example, was a contract for hand sanitiser given to TAG Energy without competitive tender, especially as that company was reported dormant on 25 February and the contract awarded on 1 March? Why were contracts awarded without tender to Public First and to Topham Guerin, the company that ran the social media campaign for the Tories in the 2019 general election? Was there any tendering before Randox, which employs Owen Paterson MP at over £8,000 a month, was given a £133 million contract for Covid testing? Did Serco, for which the Health Minister Edward Argar used to work, have competition before it was awarded contracts for contact tracing and call centres totalling over £150 million? Finally, although I could ask about many more, did the company of the noble Baroness, Lady Mone—PPE Medpro—face competitors for the contract for 25 million gowns? Was it advertised to any other bidders?

These are just a few of many examples where it seems the proper procedures were not followed. I understand the urgency at the moment, but it is no excuse to say that we are in the middle of a pandemic when lucrative contracts have been given to companies with no experience in that area, many of which seem to have only one thing in common: a link with the Tory party. It is small wonder that the media have again said today that there appears to be a new virus around—“crony-virus”. I look forward to the Minister’s answers to my questions with keen anticipation.

Covid-19 Lockdown: Economic Support

Lord Foulkes of Cumnock Excerpts
Wednesday 4th November 2020

(3 years, 6 months ago)

Lords Chamber
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Lord Agnew of Oulton Portrait Lord Agnew of Oulton (Con)
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My Lords, we will keep all these issues under review. As the right reverend Prelate will probably be aware, we have extended payment holidays on mortgages and certain consumer credit products to take pressure off individuals. In relation to his rental suggestions, we will keep them under review and will keep the House notified.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
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My Lords, yesterday in the Commons, the Chief Secretary to the Treasury responded to repeated questions from all sides of the House about whether the furlough scheme would continue at 80% in Scotland and Wales after 2 December if there was a continued lockdown. He said:

“the Government will always be there to provide support to all parts of the United Kingdom.”—[Official Report, Commons, 3/11/20; col. 166.]

We know that the Government will always be there, but will they provide support at 80% if the lockdown continues beyond 2 December? Will they provide that support not just in Scotland and Wales but in the north of England if the lockdown continues as it is at the moment?

Lord Agnew of Oulton Portrait Lord Agnew of Oulton (Con)
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My Lords, as I am sure the noble Lord knows, we have provided some £14 billion of funding to the devolved authorities. That is important because £1.3 billion was announced on 9 October. It is there to support businesses: in Scotland, for example, we have been able to support nearly 1 million jobs, some 6,500 businesses and 240,000 people in employment. I am aware of no proposal to change the 80% furlough either in England or in Scotland.

Parliamentary Constituencies Bill

Lord Foulkes of Cumnock Excerpts
Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 8th October 2020

(3 years, 7 months ago)

Lords Chamber
Read Full debate Parliamentary Constituencies Act 2020 View all Parliamentary Constituencies Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-R-I Marshalled list for Report - (5 Oct 2020)
Moved by
2: Clause 1, page 1, line 12, leave out “2031” and insert “2033”
Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op) [V]
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My Lords, I also speak to Amendment 3 in my name. Amendment 2, if agreed to, would move the next review, beyond 2023, to 2033 instead of 2031, thus making it a 10-year gap. Amendment 3 would make that a permanent arrangement.

As a former MP, I am acutely aware of the disruption caused by reviews, not just for MPs but for their constituents, councils, councillors, local organisations and many others within the constituency. Others who are going to participate in the debate will confirm and testify to that.

Some Members will recall that in Committee, in discussing amendments giving priority to communities over arithmetic and amendments on the percentage variation—which will be covered again today in the debate on Amendments 12, 13, 14 and 18—we discussed the importance of the linkage between the MP and her or his constituency. Good MPs work in their constituency, very hard: helping individuals at surgeries and in other ways; working with organisations of all kinds; and building up a rapport and an understanding to enable them to represent their constituents at Westminster. An MP is a representative, not simply a member of an electoral college to elect a Prime Minister and thereby a Government, as some of the current special advisers seem to believe.

I know well the excitement, or rather the trauma, of boundary reviews. I was first elected in 1979 and experienced my first review very quickly, in 1983, so I know what it is like. Thankfully I survived, but I have seen many good MPs have their careers ended arbitrarily as a result of a review.

We currently have fixed five-year Parliaments—I know some consideration may be given to that—but previously we had four or five-year Parliaments as normal. If that continues, a review every eight years would mean that most MPs would face a review in every second Parliament, which is not much time for them to settle in and get to know their constituency, their constituents and how to represent them effectively. Time would be taken up by MPs preparing for the next review, perhaps even for selection and reselection—all this just in the Government’s wish to get more arithmetic exactitude.

The Government argue that this makes every person’s vote equal—of equal strength and equal value—but that does not take account of other factors, like marginality. If they really wanted every vote to count, they would be moving towards proportional representation, which I know the noble Lord, Lord Rennard, who is following me, and others would like, but I know the Government do not want that and are not going to move in that direction.

My main argument is to minimise disruption, to increase the accountability of MPs to their constituents and to increase their effectiveness—something that is being sidelined in our parliamentary democracy. I beg to move Amendment 2, and I wish to seek the opinion of the House by Division when we come to that point.

Lord Rennard Portrait Lord Rennard (LD)
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My Lords, the Bill sets out a system for reviewing constituency boundaries which will result in changes much more dramatic than those of any previous reviews ever put in place.

I would like you to imagine the position of a newly elected MP in a general election in 2025. They will have won a seat with new boundaries, but just four years later a new boundary revision process will begin. From 2029 they will be engaged, over a two-year period, in arguments about whether the constituency might exist again, or whether it should be redrawn in a very different form. They will not know the decision of the boundary commissioners until the end of September 2031.

Under these rules, Parliament will no longer have a say over whether the proposals are implemented. The new boundaries will therefore take effect in any general election from February 2032. There will be just four months between the Boundary Commissions’ reports being finalised and their proposals automatically taking effect in any general election. All that is certain is that the proposed constituencies will be very different from those at the previous election.

The problem with eight-yearly reviews, a fixed number of seats in each state or region and very limited flexibility from the quota of electors in each seat is that they will involve major changes to more than 300 constituencies every time. Not many more than 100 constituencies are likely to have unchanged boundaries. This is not a one-off problem but is what will happen with every boundary review in future.

The frequency of reviews involving dramatic changes to boundaries does not make sense if the link between MPs and their constituencies is to be valued. Unfortunately, little consideration was allowed in the other place for the question as to how frequently reviews should take place. Over the past 50 years, we have had 14 general elections. That is an average of one every three and a half years. Therefore, with a boundary review every eight years, and with the rules as proposed, we can expect that only one in five constituencies will exist with the same boundaries for two consecutive general elections.

Somebody winning a seat shortly after a boundary review will know that they will get the chance to fight that same seat just one more time. There will then be a 50% chance that it is reorganised in a major way, and an 80% chance of the boundaries being changed in some way. But somebody winning a seat more than four years after a boundary review will immediately face a 50% chance that the constituency boundaries will change in a major way at the very next election, and an 80% chance that the constituency boundaries will be changed. It may be that some people welcome this kind of disruption to constituencies. Internal selection battles may be a great joy for some people but constantly having to engage in them cannot be good for anyone who wants to serve the people of a constituency or to demonstrate that they could do so in future. Party HQs may welcome frequent reorganisations so that awkward MPs might find themselves forced out and without a seat, while more obliging loyalists could be rewarded with new opportunities.

One of my friends on the Cross Benches, the noble Lord, Lord Alton, was an excellent constituency MP, but he twice found that a constituency that elected him with large majorities was effectively abolished by the boundary review process. Constituents cannot be well served in a system in which constituencies are likely to exist for only two general elections.

The late and much missed Professor Ron Johnston, has been quoted by all sides many times in our debates on the issue of boundary reviews. In Grand Committee, the Minister, referred to his “respect and appreciation” for him. Professor Johnston felt that a constituency should exist for three general elections before its boundaries could be redrawn. The only way in which to make that more likely while keeping boundaries reasonably up to date is to make the reviews every 10 years, not every eight.

--- Later in debate ---
Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, this amendment seeks to change the timings of boundary reviews so that a review would be undertaken every 10 years. Currently under the Bill, a boundary review would take place every eight years. This is a change from the current law. I think many noble Lords have forgotten what the current law is: under it, a review should take place every five years.

The noble Lord, Lord Tyler, and many other noble Lords, in supporting this amendment, said that they wanted a lack of disruption to local communities. Many noble Lords also talked about disruption to Members of Parliament, but I am more interested in local communities. Our aim, as committed to in our manifesto, is to ensure that parliamentary constituencies are updated regularly but without the disruption to local communities and their representation that might occur with the current five-yearly reviews. I, and the Government, agree with the noble Lord, Lord Grocott, on the Opposition Benches, who said at Second Reading:

“Eight years seems to me a sensible compromise, ensuring that constituency electorates are kept reasonably up to date, and in normal times would operate for at least two general elections.”—[Official Report, 27/7/20; col. 82.]


We believe that an eight-year review cycle strikes the right balance between ensuring that our constituencies are based on contemporary data and avoiding the disruption of having a review roughly every time an election occurs. I thank the noble Lord, Lord Tyler, who has a lot of experience, for supporting our view on this.

While we were drafting the Bill, we shared our broad plans for the Bill’s contents with parliamentary parties and electoral administrators. We also discussed a range of technical issues with them. During those meetings, we stated that the move from a five-year to an eight-year review cycle was government policy, but that we would be interested to hear from anyone who disagreed with this idea. I must say to the noble Lord, Lord Lipsey, that there was general acceptance that the eight-year cycle was the right approach.

Parliamentary parties also raised understandable concerns about ensuring that the data used was as up to date as possible. This was particularly notable regarding the use of local government boundary data. I am surprised that nobody has brought that up today, because it was brought up in Committee. The Boundary Commissions take all that data into account when drawing up proposals for constituencies. This was the rationale behind Clause 6, which allows the Boundary Commissions to consider a more up-to-date picture of local government boundaries and allows them to factor that into their proposals where appropriate and relevant.

When we engaged on this measure—I point out to the noble Lord, Lord Lipsey, that it was an engagement—representatives of the parliamentary parties and electoral administrators were supportive of it. They thought that reviews only every 10 years would further undermine the aim of having updated constituencies. It would mean that the data used would be even more out of date, and that over time constituencies would become less reflective of current local government boundaries and demographic changes. The parties also told us that they find it helpful, for campaigning purposes, for up-to-date local government wards to be used in constituencies.

With the longer review cycle of 10 years, the question of interim reviews, which has not been mentioned this afternoon, also arises. The representatives of political parties and the electoral administrators with whom we engaged were against the prospect of introducing interim reviews. Let me explain the chain of reasoning here. Prior to 2011, when general reviews took place every eight to 12 years, interim reviews also took place to consider whether certain constituencies should be updated in between general boundary reviews to take account of local government changes and shifts in population in certain areas. Were we to move to a 10-year review cycle, the rationale for interim reviews would remain strong. Our stakeholders told us clearly—and we agree—that we should not return to this approach. Interim reviews bring further disruption and confusion to constituencies, and uncertainty to sitting MPs. An eight-year cycle removes this problem. It treads the most balanced path between the need for stability and the need for contemporary data.

I will address some of the arguments made in support of the amendment when it was discussed in Grand Committee and which have been repeated this afternoon. Most of the noble Lords who are supporting this amendment—the noble Lords, Lord Foulkes and Lord Blunkett, and the noble and learned Lord, Lord Morris—argued that eight-year reviews would prevent MPs and constituents building a rapport. There is an assumption in that argument that I find problematic. I agree that it is important for representatives to know their constituents well. However, the realities of the electoral cycle surely mean that MPs must be able to build a rapport with constituents in less than five years. If 10 years is needed to establish good relations, that would seem to take for granted that one will be re-elected.

The argument was also made that a constituent might approve, or disapprove, of their MP’s behaviour, but be unable to express their opinion at the ballot box because a boundary review had now made them part of a different constituency. This is not an argument for reviews to take place every 10 years as opposed to every eight or five, or any other length of time, but an argument never to change constituencies. The Government believe that a far more unfair and frustrating situation to be in as a voter is knowing that the vote one is casting is not of equal value to those cast in a neighbouring constituency. I thank my noble friend Lady Pidding, who has a lot of knowledge of this, for her explanation of this issue.

It was argued that a 10-year cycle would enable reviews to take place at a predictable point before each election and thus ensure that the boundaries used for each poll were fully up to date. Some Lords acknowledged that their reasoning assumed that each Parliament would last for five years. However, we should test the strength of that assumption with care. Since 2010, the law has required Parliaments to last five years, notwithstanding certain exceptions, but in that time only one Parliament did last five years. Therefore, even when terms of Parliaments are fixed, a world in which boundary reviews are conducted at a particular point before a general election has proved impossible. Will it be more possible, however, when terms of Parliaments are not fixed? Neat schedules where boundary reviews and election dates align perfectly are attractive in theory, but this has not proved possible in practical terms and is unlikely to in the future.

I agree with my noble friends Lord Taylor and Lord Shrewsbury: we believe that the middle ground proposed in the Bill today is the right way forward. Eight years removes the disruption of a review happening roughly each time an election occurs, but it also ensures that boundaries remain up to date and fair by making sure that not too much time elapses between reviews. I therefore urge the noble Lord to withdraw his amendment.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op) [V]
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My Lords, this has been an interesting debate which has served to convince me that we were absolutely right to move this amendment and to pursue it. However, I would like to congratulate the Government Chief Whip, who has done a good job in mobilising the noble Baroness, Lady Pidding, the noble Earl, Lord Shrewsbury, and above all, the noble Lord, Lord Taylor, his predecessor, to speak against this amendment. The noble Lord, Lord Taylor, says he is surprised at my persistence. As a former Government Chief Whip, he is one of the people who should be least surprised by my persistence, not just on this but on other matters. He said he was surprised because I am normally a radical, and I am making what he sees as a reactionary move. Perhaps he is thinking that there is a Private Member’s Bill along the same lines in the House of Commons, supported by Peter Bone and Sir Christopher Chope. I hope he will look at that; it might convince him to rethink his opposition to my proposal.

It is interesting to note that all the former MPs who have spoken in this debate support this amendment. They have experience on the ground of how these things work, and I am very encouraged by their support. I am grateful to my noble friend Lord Lipsey for finding out that when the Minister, the noble Lord, Lord True, who dealt with this issue in Committee, said that the Government’s proposal was “supported” by all those consulted, that was totally wrong. As the noble Baroness, Lady Scott, confirmed, they “accepted” it, and my noble friend Lord Lipsey pointed out the difference between those two things extremely well.

I am also grateful to my noble friend Lord Blunkett for reminding me of one other important aspect of constituency representation that I had forgotten—the football teams in each Member’s constituency. I had a slight problem there, in that I had both Cumnock Juniors and Auchinleck Talbot in my constituency, and they are bitter rivals. I had to be neutral when they played each other, which was not an easy thing to do. However, I understood the respective supporters and their various interests.

I remind the Minister and the House that up to 2011, Boundary Commissions were instructed to hold reviews every 8 to 12 years. On that basis, 10 years seems to strike a sensible balance. I therefore intend to press my amendment and hope the House will support it as a sensible way forward.

Parliamentary Constituencies Bill

Lord Foulkes of Cumnock Excerpts
Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 15th September 2020

(3 years, 7 months ago)

Grand Committee
Read Full debate Parliamentary Constituencies Act 2020 View all Parliamentary Constituencies Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-III Third marshalled list for Grand Committee - (10 Sep 2020)
Moved by
18: After Clause 5, insert the following new Clause—
“Taking account of local ties
(1) Schedule 2 to the 1986 Act is amended as follows.(2) In rule 2(2) (electorate per constituency), after “4(2),” insert “5(1)(d),”.(3) In rule 5(3) (factors), at the end insert “, except that a constituency does not have to comply with rule 2 if the Boundary Commission considers it reasonable taking into account the factor in paragraph (1)(d).””
Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab)
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My Lords, I am getting increasingly concerned about the form and the forum in which we are considering this matter, which is so important to our democracy. We said in previous debates that the Bill ought to be in Committee on the Floor of the House, and it is not: it is in this Grand Committee. I do not blame the Government in any way for the fact that we are in special arrangements because of Covid-19—it is not their fault—but because of that, we are isolated from reality. If we were considering this normally, there would be much more media coverage of what we were doing. The Scottish media might have been interested in the arguments for 59 constituencies remaining in Scotland, yet none of them has picked it up. We would also have had experts—I recall this well from previous discussions—sitting outside the Committee Room, but they are not allowed in now because of Covid-19. I used to get very useful advice from the Law Society of Scotland about various matters, but we cannot get that now. This is really an opportunity for the Government to squeeze things through, to say, “No, we are not accepting any amendments” and get away with it without any pressure. I fear that that is what is going to happen. It is a great pity, because it means that we are not dealing with some very important issues.

The Minister is obsessed with equal votes. He keeps going on about it; he has said it on so many occasions. I pointed out on a previous occasion that the irony is—and my Liberal Democrat friends jumped up and down with excitement—that if you take what he is arguing to its logical conclusion, you end up with proportional representation, particularly the single transferable vote. My noble friend Lord Lipsey argued very strongly that because some seats in the past were considered safe seats—they are not always, but there are still some significant ones—it is only in a limited number where the vote actually counts. We did not get an answer from the Minister, although I hope we will eventually. My noble friend also mentioned—it has just been mentioned again by my noble friend Lady Hayter—the turnout. I said on the previous occasion that there were also people who were not registered. The truth is that that there are a lot of citizens of this country who, for one reason or another—because they are poor or disadvantaged, for example—are not registered or not able to get out to vote or live in constituencies where their vote does not count. That is a different category. We really need to think about that seriously.

Turning to my Amendment 18, it is back to arithmetic. The amendment fits in with the plus or minus, whether it is 2.5%, 5%, 7.5% or 10%, because that is flexibility. It is all a question of flexibility. I want to compliment the noble Lord, Lord Blencathra. I have great respect for him; I see him at meetings of the Parliamentary Assembly of the Council of Europe and we very often debate things together. He made an eloquent and very elegant speech last Thursday: it was really quite captivating and I enjoyed it. However, as is often the case, the noble Lord was not telling the whole truth and nothing but the truth. I am not saying that he was lying: it was just the way that the argument was put, which was very clever indeed.

As the noble Lord, Lord Blencathra, said, MPs argue a case at Boundary Commissions that is particularly advantageous to them and their party. That is why they go there: I have been to half a dozen or more Boundary Commissions, and I have done that. They can often creatively call on local ties and natural boundaries if their lucky numbers do not come up and they are facing notable boundary changes. However, none of that should diminish the fact that local ties and natural boundaries are very important and should be taken seriously in terms of constituencies.

At present, local ties and arithmetic are dominant in this argument. They theoretically have equal status. In my experience, however—and I am open to contradictory arguments from the noble Lords, Lord Hayward and Lord Rennard, and anyone else who has a lot more experience than I have—by default, arithmetic usually triumphs. I have seen it again and again: the deputy commissioner has said, “No, no, no, I have to go by the numbers. The numbers take precedence over local ties.” That is not beneficial to our representative democracy. Drawing arbitrary lines through communities does nothing to serve the needs of those local communities and ensure proper representation.

The Government ought to be more aware of the inconsistencies and drawbacks in relying on an algorithm, as we saw with the exam results fiasco last month. Surely some lessons might be taken from that in terms of arithmetic—numbers being the god we worship.

Amendment 18 in my name seeks to ensure that community boundaries and community links are given priority over arithmetic—it would make them paramount. Of course the arithmetic has to be taken account of and of course it has to fit in to the plus or minus—whatever percentage we ultimately agree. In that way we can avoid circumstances which result in the creation of artificial boundaries which have limited community coherence. I want to see local ties such as school catchment areas, major highways, major local authority boundaries and natural boundaries such as rivers, lochs—lakes, for the English among us—and mountains given greater priority. This would all be subject to the constituency limit, which, as I and others have argued, should be as flexible as possible.

A plus or minus 10% quota would provide greater flexibility for the Boundary Commission to accommodate these important local ties and natural boundaries. Hopefully it would take account of the particular circumstances in Scotland, Wales and Northern Ireland. What one party gains in one area, it could lose elsewhere if, indeed, there are still old party loyalties. Certainly, in my own country they are not as strong and clear as they used to be. Things are also changing in England, and things will continue to change, so that should be taken into account.

Nevertheless, by taking a community-centred approach, we can create a framework that supports and nurtures strong connections between the Member and her or his constituents. It also provides a more logical and sensible structure to support opportunities for further devolution of power across the United Kingdom, not just in England—I shall be arguing that in a Question next week in the Chamber—but in Scotland, where unfortunately there has been far too much centralisation in Edinburgh following devolution to Edinburgh. There needs to be much greater devolution within Scotland.

I beg to move.

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Lord True Portrait Lord True (Con)
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My Lords, I cannot give the noble Lord enormous hope of a volte-face in the Government’s position. I can say to him and to all members of the Committee on this and other issues that I will read what has been said extremely carefully. It is my duty as a Minister to listen to what colleagues and other noble Lords say here and to reflect on it.

The Government’s position is that of course we want Wales, as all other parts of the United Kingdom, to be well represented. A sense of contact with democracy, which others have referred to in this Committee, is vital. Wales is fortunate in that it has a wonderful, solid tradition of local government out of which some of the greatest politicians in the history of our country have emerged. It has that system of local government and the Senedd with legislative powers over a range of policy areas. It has a strong voice in Westminster, including through the Welsh Affairs Committee, the Welsh Grand Committee and voices on the Benches of this House—we have heard them today—who persuasively make the case for Wales every day.

The Bill does not seek to change any of Wales’s democratic traditions—as if one ever could; we would never wish to do that. It would simply make sure that for UK general elections, wherever a vote is cast across the Union, it will carry the same power in helping to decide who governs our country. That is our position and the one I put to the Committee. Of course, I was not suggesting in any way that the noble Lord, Lord Hain, was guilty of arguing for multi-member constituencies outside this Committee and for micro-activity inside. I think he perhaps knows who I had in mind. I will, of course, reflect and carefully read the wise and heavy words of all those who have spoken. I have no doubt from what I have heard in this Committee that we may well be hearing further discussion of this later in the Bill and on the Floor of the House, where, I agree with the noble Lord, Lord Foulkes, many of us would like to be.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
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My Lords, I am grateful to members of the Committee for supporting my Amendment 18, particularly the noble Lord, Lord Wallace of Saltaire, who stressed the constituency link. It reminded me that when I was in a radical mood, as I was when I was a bit younger, I used to say: “Why do we use this term ‘the honourable Member for Carrick, Cumnock and Doon Valley’? It is very old fashioned”. Someone reminded me that it is a very clear way of reminding people that you represent a constituency. You are not there as George Foulkes, you are there as the honourable member for Carrick, Cumnock and Doon Valley—that is very important. They do not do the same in the Scottish Parliament; they use individual names, as the Chairman—I nearly called you Ian—knows. In fact, Alex Salmond used to call me Lord Foulkes, using “Lord” as a term of abuse —look what happened to him. I am grateful to the noble Lord, Lord Wallace of Saltaire, for his support and for reminding me of that.

I am even more grateful to the noble Lord, Lord Hayward, for pointing out exactly what I was trying to say earlier, that “shall” refers to the arithmetic consideration and “may” to the local links. I wanted to turn it the other way around and I am grateful to him for pointing that out.

My noble friend Lord Hain made a very powerful argument on behalf of Wales. I am almost Welsh—I was born in Oswestry. I remember at Gobowen station an announcement that the steam train would go to Llanymynech and Pant. I thought it would breathe heavily at Pant, but Pant, of course, is a town in Wales, as members of the Committee will know, so I know Wales very well. However, I say to my noble friend Lord Hain: “Don’t make the case for Wales at the expense of the case for Scotland”. I was disappointed that he did that.

I remind him that the largest constituency set out by the Boundary Commission for Scotland was Highland North, which is 65% of the size of the whole of Wales. Scotland represents one-third of the land area of the United Kingdom—sparsity, size and difficulty of getting around apply a fortiori to Scotland more than even to Yorkshire, with no disrespect to the noble Lord, Lord Shutt of Greetland, on my left, and to Wales. Please do not give the Government the opportunity to divide and rule. The case for Scotland is strong; the case for Wales is strong as well.

Finally, I have got to know the Minister a lot better as time goes on and he is a very polite and kind man, but he did say that if conflicts arose between one area and another with people arguing for one constituency, then another might lose out as a result. That is precisely what the Boundary Commission is there to sort out. It has to make these judgments in relation to the representations that it receives. I therefore do not accept his explanation—despite the nice way in which he put it. We will no doubt return to this general and particular issue on Report. In the meantime, I beg leave to withdrawn the amendment.

Amendment 18 withdrawn.