Non-Domestic Rating (Public Lavatories) Bill [HL]

Lord Fowler Excerpts

1st reading (Hansard): House of Lords
Tuesday 18th June 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, as a matter of convenience for the House, I beg to move that the Bill be read a first time.

[The Lord Speaker (Lord Fowler)]

My Lords, the Question is that this important Bill be now read a first time.

The Bill was introduced by Lord Bourne of Aberystwyth, read a first time and ordered to be printed.

Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019

Lord Fowler Excerpts

Wednesday 20th February 2019 Lords Chamber

[Lord Liddle]

My Lords, perhaps I may make a brief intervention.

[The Lord Speaker (Lord Fowler)]

My Lords, the Minister’s Motion to move the Motions en bloc has been objected to.

[Lord Liddle]

No, I—

[The Lord Speaker]

You have objected to it, even if you do not know it. The Minister should now move the first Motion on its own.

Wales Bill

Lord Fowler Excerpts

Monday 7th November 2016 Lords Chamber

[The Lord Speaker (Lord Fowler)]

The question is that Amendment 35A be agreed to.

Amendment 35A agreed.

Parliamentary Voting System and Constituencies Bill

Lord Fowler Excerpts

Wednesday 16th February 2011 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, during the passage of the Bill through your Lordships’ House there was a very important Committee debate on the Isle of Wight. As I indicated on behalf of the Government at that time, the fundamental principle underpinning the Bill is that one elector should mean one vote. At that stage the Bill was subject to only two exceptions. It was our view that a cross-Solent constituency, comprising part of the Isle of Wight and part of the mainland, was practicable as the island does not have the challenging geography of the other preserved constituencies. However, the arguments made in that debate, not least by my noble friend Lord Fowler, carried the day in this House. It did so by some margin and with considerable cross-party and Cross-Bench support. This undoubtedly gave us reason to reflect, and we have come to the view that the case against a cross-Solent constituency is persuasive.

That was the objective of the amendment proposed by my noble friends Lord Fowler and Lord Oakeshott. However, their amendment left open the question of whether there should be one seat or two on the island. That was left up to the Boundary Commission for England. There are practical reasons why we have reservations about that. The noble Lords’ amendment did not provide the Boundary Commission for England with any instruction on how it should determine the number of seats to be allocated to the Isle of Wight. Nor was any consequential amendment tabled to deal with the matter. The Government consider that if an exception is to be made for the Isle of Wight, it would be consistent and fair for it to be made on the same basis as for the other preserved constituencies in the Bill.

The amendments passed by the other place following a Division provide certainty for the commission by requiring that the island has two seats, and by taking those constituencies outside the formulae for the allocation of seats to parts of the United Kingdom and the calculation of the electoral quota elsewhere in the Bill. Two seats of around 55,000 electors each would be much closer to the electoral quota than one seat of around 110,000. That is consistent with the underlying principle of equality. Furthermore, I understand that the population of the Isle of Wight looks set to increase. Two seats would be likely to move closer to the quota, whereas one seat would move further away from it. It is practical and, as the honourable Member for the Isle of Wight in the other place confirmed in his speech yesterday, it respects the wishes of those who mounted a vocal and, as we have seen, effective campaign to prevent a cross-Solent constituency. I beg to move.

[Lord Fowler]

My Lords, I will be brief. I thank the Government for listening to what the House of Lords said on my amendment and for the decision that they have taken. My amendment was special in that we were dealing with an island that has only ferries connecting it to the mainland. I said in moving the amendment that it would allow there to be one or two constituencies on the Isle of Wight. The Government have decided to be specific and make two, and that is the right decision.

The only other options would have been to have one massive constituency on the Isle of Wight or, alternatively, a cross-Solent constituency. That cross-Solent constituency would have meant there being one constituency on the Isle of Wight itself, with the remaining 35,000 electors put together with part of, say, Portsmouth on the mainland. It would be divided by 10 miles of the Solent, with expensive ferries being the only means of communication. The constituency would be partly on the mainland and partly on the island. It is all very well to talk about community but the natural centre of that constituency would have been in the middle of the sea. There is no doubt that such a solution was rejected decisively by the people of the Isle of Wight. Eighteen thousand people signed a petition against it. The councils were against it, as were all the parties—the Liberal Democrats, Labour and the Conservatives.

In our previous debate the Minister suggested, without overstating his case, that there were some who had written in support of a cross-Solent solution. Very courteously, as always, he offered to investigate how many had done so. Unfortunately his reply was not entirely convincing. In his letter of 7 February, he said:

“You asked how many representations received about the Isle of Wight were in favour of the Bill’s original proposals and how many were against. The Cabinet Office does not record correspondence in a way that would enable us to readily identify whether the authors were for or against particular issues”.

Perhaps that is just as well in the Minister’s case, although it raises a few questions about the value of writing to the Cabinet Office on any issue. To be fair, the Minister went on to say that he,

“was not seeking to claim that there were an equal number of representations received both for and against the Bill’s proposals”.

The Minister was absolutely right. I congratulate him and the Government on reaching the decision that they have.

It has been a very long process but the Government have listened at the highest level and the Commons has decided. I thank all those concerned with this campaign, particularly the excellent Member of Parliament for the Isle of Wight, Andrew Turner, who has worked long and hard to achieve this outcome. No one could have done more. I also thank my supporters in the vote on 19 January from around the House—from all parties and the Cross Benches—including those who found pressing engagements when the vote was called and abstained. I thank the opposition Front Bench; it is the first time in my political career that Labour Whips have provided Tellers for any Motion or piece of legislation that I have introduced over the past 40 years.

I make just one further comment. Given the progress of the Isle of Wight debate, no one can be happy with the heavy timetabling in the other place. I know that it is inherited from the previous Government but it prevented the island’s MP putting the issue to the vote before it came to the Lords, and virtually prevented him making a speech. I hope that the Government will now look anew at that procedure. Having said that, this amendment, which the Lords have carried and the Government have accepted, seems to me to carry out the traditional function of asking the Commons and the Government to think again. They have done so and I congratulate them on their good sense and on the outcome.

Parliamentary Voting System and Constituencies Bill

Lord Fowler Excerpts

Wednesday 19th January 2011 Lords Chamber

Moved by

[Lord Fowler]

66: Clause 11, page 9, line 23, after “6(2)” insert “, 6A(2)”

[Lord Fowler]

My Lords, I shall also speak to Amendment 89, which deals specifically with the Isle of Wight. I am extremely grateful to the noble Lord, Lord Bach, for the action that he has taken, which enables this amendment to be debated earlier. I hope that I can bring the Committee on to a happier and more consensual road than during the past hour.

Perhaps I may say gently to the noble Lord, Lord Anderson, that I do not consider the Isle of Wight, a sprat of an issue, to use his phrase. It has support from all parts of the House, very much including his own party.

[Lord Anderson of Swansea]

I wholly accept that the Isle of Wight deserves to be treated in the way in which the noble Lord wants. I also accept that the same principles should apply to other areas, such as Ynys Môn in Wales. My position was that if that was to be the only concession the Government made, it would be insufficient to show the spirit, which they should show, of give and take.

[Lord Fowler]

Having started and tried to get consensus, I shall not continue to debate with the noble Lord, because I am obviously not doing very well at it. It was the word “sprat” that offended me.

Few issues in politics—many of us who have been in the other place will understand this—are more important or sensitive than constituency boundaries. I speak with some experience on this. My first constituency was not Sutton Coldfield but Nottingham South. Sadly, when I entered the other place in 1970 for my first Queen’s Speech, it was to hear that the boundary review was to be implemented and that, as a result of that, my seat was to be abolished. It is not exactly what you hope and expect to hear on your first day in Parliament. Things could only get better.

The seat was being abolished because the Boundary Commission thought it wrong to have a constituency that crossed the river at Trent Bridge, going from the city to the county at West Bridgford. That was in spite of the fact that it took only a couple of minutes to walk over the bridge, there was no toll on the bridge and you certainly did not need a ferry to make the crossing.

When it comes to the Isle of Wight, of which I have been a resident for more than 25 years, the theory is exactly the opposite. The consequence of what is being proposed in the Bill is that a new constituency would be formed that would be partly on the mainland and partly on the Isle of Wight, in spite of the fact the two parts would be eight to 10 miles apart, over a stretch of sea and with expensive ferries being the only means of communication. It is claimed that there must be this kind of new constituency because it is essential that all constituencies should have electorates of around 76,000, when the Isle of Wight has 110,000. No exceptions are possible, except the two in the Bill both concerning island constituencies and where the electorates are not abnormally high but abnormally low.

My amendment would allow there to be one or two constituencies on the Isle of Wight. Most importantly, it follows the amendment put down in the other place by Andrew Turner, the excellent Member of Parliament for the island who was elected on a manifesto that promised opposition to a cross-Solent constituency. You might think that his amendment would have been carefully considered in the other place, but you would be absolutely wrong. Due to the timetabling arrangements in the other place, which perhaps underlines a little the debate that has gone before, he was allowed no time at all in Committee, four minutes on Report and no opportunity to bring the proposition to a vote.

I cannot believe that this is a sensible way of governing this country. If nothing else, this amendment gives the other place the opportunity at least to consider the proposition concerning the Isle of Wight. I emphasise that the proposition is supported by every political party on the island; we speak as one on this. It would be the first time since the Reform Act 1832 that the unity of the Isle of Wight in parliamentary terms would be destroyed. It would be a bad deal for the island and for whatever area of the mainland forms part of the proposed new constituency.

There are several practical reasons why the proposal is not in the public interest. The most basic point is that however you put together a new, divided constituency, no one believes that you can create a community, yet all the political parties in this country talk at some length about the importance of building communities. This proposal goes smack against that objective. If a new constituency was created out of part of Portsmouth and the east of the Isle of Wight, the travel difficulties involved in moving between one part and the other would be both immense and expensive. We are not talking about walking over Trent Bridge but about having to take a ferry or a hovercraft. A return journey by car ferry is likely to cost £50, and it could cost £100. A trip by hovercraft is less expensive but presents the problem of how to get about on the other side. The bus service tries hard but everyone would concede that it does not meet all the needs of the public. The internal rail service is typified by the provision of antique, cast-off London Transport carriages, as everyone who has been to the Isle of Wight knows. None of this is a recipe for free and easy movement in the new constituency or in a community.

Nor are the interests of the island and the mainland necessarily the same. For example, on another part of the island, the islanders want an improved ferry service from Yarmouth to Lymington, but they are strongly opposed by the mainland Lymington River Association, which wants nothing of the kind. There is no community of interest.

There has been no consultation with the people on the island about this proposal. Had there been, the Government would have discovered that all three political parties are opposed to a cross-Solent constituency—as are the county council, including the independents, the other councils on the island and, overwhelmingly, the public, 18,000 of whom have signed a petition against the proposal, which was collected in literally only a couple of weeks. Obviously it is not as easy to gauge the view of the public on the mainland because we do not know what part of the mainland the new constituency is meant to tie up with. However, if we are talking about Portsmouth, Southampton or somewhere else, I guess that there would not be overwhelming support for the proposition.

Two points in particular need to be borne in mind. First, given the electoral size of the island constituencies that are made exceptions to the 76,000 size rule in the Bill—Orkney and Shetland and what used to be the Western Isles; Orkney and Shetland has 33,000 constituents and the other constituency has 22,000—if there was only one constituency on the Isle of the Wight, the difference from the standard would not be anything like as great as that, and the same would be true if there were two constituencies.

However, a second and perhaps even more fundamental point is that the Boundary Commission looked at the proposition of a cross-Solent constituency in 2007, using figures from 2000. The electorate in 2000 was, even then, 103,000—33 per cent larger than the average—and the commission considered severing part of the island and putting it with a mainland constituency. However, it concluded that to do so would,

“disregard the historical and unique geographical situation”.

It found that it would,

“create confusion and a feeling of loss of identity”,

among the island’s electorate. It also stated that,

“communications would be difficult both for the electorate and the Member of Parliament”.

I am sad to say that, despite that conclusive and independent thumbs down, the Government have persisted with this proposal.

--- Later in debate ---

[Lord Wallace of Tankerness]

My Lords, by my calculation this has been a debate in which 18 noble Lords have taken part and have made some compelling arguments for the case put forward by my noble friend Lord Fowler. While trying to use some of the skill that the noble Lord, Lord Bach, referred to—I will probably need it—I reply to this debate as someone who has a distinct sense of community, and a number of contributors to the debate referred to Members of Parliament and their community, not least because I represented an islands community.

I am acutely conscious that the islands community which I represented is one of the exceptions in Rule 6. When the right reverend Prelate the Bishop of Wakefield commented about someone having phoned up and being told, “No, he’s on the island”, it brought to mind my first ever visit to Orkney when I went as a prospective candidate. Talking to some people, I said something about the mainland—meaning that landmass south of the Pentland Firth. I was taken aside and told, “That’s not the mainland, that’s Scotland. We are on the Mainland”. That was a valuable lesson, which I learnt, so what I say here is against that background.

I am acutely conscious that residents in the Isle of Wight have been taking a very keen interest in the provisions set out in the Bill. A range of views has been expressed in correspondence to the Government, and I understand that those views were made known to my honourable friend the Minister for Political and Constitutional Reform when he visited the island on 1 October. I know that he takes an acute interest in the Official Report on the proceedings in this House, so he will no doubt see what has been said in this debate.

As has been made clear, the amendments tabled by my noble friends Lord Fowler and Lord Oakeshott would prevent the constituencies being shared between the Isle of Wight and the mainland and allow the Isle of Wight constituency, or constituencies, to be outside the 5 per cent parity rule. I readily acknowledge the strength of feeling that has been expressed in this debate—it has been expressed by many on this matter: by the Member of Parliament, Andrew Turner, by the council and by the political parties—but I also believe that it is practical to have a constituency representing part of the island and part of the mainland and for that to be done. While I am not in any way trying to suggest that the letters have been in equal number, it is important to put on the record that there has indeed been correspondence to the Government from people resident on the Isle of Wight indicating that they do not necessarily support the OneWight campaign.

[Lord Fowler]

I wonder whether the Minister might give us some indication of in what proportion those letters of support have come.

[Lord Wallace of Tankerness]

I cannot, at the moment, but I clearly conceded that I am not suggesting, and I would not wish to suggest for a moment, that it has been equal. When people actually make their views known, it is perhaps easy to suggest that there is no one there. It is important that that is recognised.

--- Later in debate ---

[Lord Wallace of Tankerness]

I apologise very much if I have confused the noble Lord, because my point was that I have not actually conceded that it should be a unique example. I think that that has been recognised. However, the Government recognise the considerable interest and concern which the impact of a boundary review could have on the Isle of Wight under the proposals in the Bill. The Government have, nevertheless, been consistently clear that there are not compelling reasons such as those that apply in the two exceptions to make an exception for the Isle of Wight. My ministerial colleagues in the other place have indeed met with representatives from the Isle of Wight. My noble friend Lord Fowler asked whether I would be willing to meet him. I would certainly be very happy to do so to discuss this matter further, but I am afraid that I cannot go further than that.

[Lord Fowler]

Is the Minister seriously saying that all he is prepared to give is to meet me and that he is not prepared to consider changing the Bill or having any alteration to the Bill?

[Lord Wallace of Tankerness]

My Lords, I have made it very clear what the Government’s position is. Obviously, I would not ask my noble friend to come in for a meeting as a waste of time but I hope that he will take up the offer of a meeting.

[Lord Wallace of Tankerness]

My Lords, I do not wish to suggest that by doing so the Government are about to change their mind. Equally, I would not ask the noble Lord to come in for a waste of time. As I indicated in my opening remarks, this debate will be read by my honourable friend in the other place. I have indicated a willingness to meet the noble Lord and would not ask him to waste his time by having such a meeting. I hope that he would be willing to take up that offer.

[Lord Fowler]

On the point made by the noble Lord, Lord Crickhowell, in the debate that ended yesterday, the Minister is not making the same guarantee to me that he made to the noble and learned Lord, Lord Falconer, on the amendment that was passed. That is the fact of the matter. I am always interested to talk and to have a meeting—I am sure that it would not be a waste of time—but, to be frank, I do not think that that goes far enough as an assurance to this House.

--- Later in debate ---

[Lord Wallace of Tankerness]

I hear that point. I have heard more compelling, stronger arguments than that, but it is a point of view. I would not have thought that it would necessarily cause a rift within the union, but other arguments, not at least in terms of community, have added weight to the case for this amendment.

[Lord Fowler]

My Lords, I confess that I am disappointed by the noble and learned Lord’s response. I do not think that it goes as far as the commitment that was given yesterday to the noble and learned Lord, Lord Falconer. I said that my hope was the Minister will today give a commitment that the Government will look at this again and that they will consider the arguments that I have put—and, doubtless, others will put—in the debate.

Incidentally, the noble and learned Lord referred to 18 speakers. He is quite right—17 speakers supported me. Only one did not. I hope that we can have a sensible commitment to take things further on Report. I do not think, frankly, that I have any alternative, because the one thing I can do is to underline to the Government just how strongly people feel on this. I found the Minister’s argument on the substance of this case to be not all convincing.

I thank everyone for taking part in the debate—all 18, even my noble friend—but I feel that I have no alternative but to test the opinion of the House.