Electoral Registration and Administration Bill

Lord Lansley Excerpts

Tuesday 29th January 2013 Commons Chamber

[The Leader of the House of Commons (Mr Andrew Lansley)]

I beg to move, That this House disagrees with Lords amendment 5.

[Mr Speaker]

With this it will be convenient to take Lords amendment 23 and Government amendments (a) and (b) in lieu.

[Mr Lansley]

Lords amendments 5 and 23 on the boundary review were inserted into the Bill in the Lords, despite being outside the scope of the Bill. This was clearly done with the intention of preventing the implementation of the boundary review, which was agreed by this Parliament in the Parliamentary Voting System and Constituencies Act 2011.

The effect of Government amendments (a) and (b) in lieu would be to provide for the boundary review to proceed and for the Boundary Commission’s recommendations to come into force, taking effect at the next general election, without a requirement for any further vote in either House of Parliament.

I move this motion as Leader of the House in order to facilitate the debate. In the first instance, Members of this House will decide whether to disagree with the Lords in their amendment, the effect of which would be to put off the boundary review until 2018. If Members approve that motion, we would then go on to vote on whether instead the current boundary review should go ahead without further interference.

[Michael Fabricant (Lichfield) (Con)]

May I say how disappointed I am that it is not the Deputy Prime Minister who is moving the motion? I will have to ask my right hon. Friend the question instead. Is he aware that in 2010 in this Chamber the Deputy Prime Minister made it very clear that the boundary review would be established on the simple principle of fairness, with all votes being of equal worth? Do the Lib Dems not do principle on the 29th of the month, or is it just on Tuesdays?

[Mr Lansley]

My hon. Friend makes his point very well. I will come on to the substance of the issue, but if he will forgive me and the House will bear with me, I wish first to make certain that hon. Members understand the structure of the debate and what the implications of each vote might be.

If the motion to disagree with the Lords in their amendment were agreed, we would go on to vote on the Government amendments in lieu, which would have the effect of proceeding with the boundary review without further votes in Parliament. If, however, hon. Members vote against the motion to disagree, the Lords amendments will be held to have been agreed with, and no further votes will take place on this group. There are therefore three potential outcomes: to agree with the Lords; to disagree and put the Bill back as it was when it left this House; or to settle the boundaries review issue now through the amendments in lieu.

I should make it clear to the House that while as Leader of the House I am enabling the debate, I will also set out my view and that of my party. In doing so, I will not be setting out formally the view of the Government, as there is not a settled coalition view. Accordingly, and as happened in the Lords, collective ministerial responsibility has been set aside for this debate.

[Mr Peter Bone (Wellingborough) (Con)]

I do not quite understand what the Leader of the House has said. On 6 September 2010, the Parliamentary Voting System and Constituencies Bill received its Second Reading, and the Deputy Prime Minister—Nick Clegg, as he is listed in Hansard—voted for it, and Mr Peter Bone voted against it. On Third Reading, on 20 November 2010, Mr Clegg again voted for it and Mr Bone voted against it. Surely it must be the settled view of the Government? It has gone through all its stages: how can it not be the settled view of the Government?

[Mr Lansley]

My hon. Friend will recall very well that that Bill was the Government’s view and the Government’s policy, and the House agreed with that Government Bill. The issue is these Lords amendments, and as I told the House, the ministerial code explicitly allows for ministerial responsibility to be set aside in particular circumstances, and it has been set aside in relation to the debate and votes on this particular point.

[Mark Reckless (Rochester and Strood) (Con)]

Does the ministerial code not also say that Ministers must abide by the coalition agreement in the same way as they must abide by international law?

[Mr Lansley]

No, I am afraid that my hon. Friend is not correct in that respect. The coalition agreement is clearly a relevant issue, but it is not encapsulated in the ministerial code. The code is very clear—he will no doubt be familiar with it—and makes clear the requirements for Ministers to accept the obligations of ministerial collective responsibility save when it is explicitly set aside. I am simply making it clear that collective ministerial responsibility has been set aside in relation to this debate and for these purposes.

[Mr Christopher Chope (Christchurch) (Con)]

My right hon. Friend has answered questions about ministerial responsibility in front of a Select Committee. Can he tell us who set aside collective responsibility and, if it was the Prime Minister, why he did so?

[Mr Lansley]

My hon. Friend will be aware that the Prime Minister has responsibility for the ministerial code. Indeed, when ministerial collective responsibility is explicitly set aside, it is the Prime Minister who makes that decision. He is clearly doing it, as the House will understand, in the context of coalition government. As we know, that can give rise to occasions where there is not a collective view, and where by extension it is therefore not possible for a collective view to be the subject of collective ministerial responsibility. Let me turn to the substance of the issues.

[Mrs Eleanor Laing (Epping Forest) (Con)]

Will my right hon. Friend give way?

[Mr Lansley]

No; I will give way in a moment. Let me turn to the substance of the issues.

Parliament agreed less than two years ago to a boundary review, and it did so for good reasons. There are major disparities in the size of constituencies. In England, East Ham has 92,000 voters; Wirral West has just 55,000. The differences are even greater in respect of other nations: Arfon in Wales has an electorate of just 41,000. This means that some votes count much more than others, and the principle of greater equality in the value of each vote is at the heart of this new boundary review. Votes should carry much more equal weight across the country in electing Members to this House and in deciding a future Government. If the current review were not to happen, in England the next general election would be based on the register of February 2000, with all the consequent disparities and inequalities which have been exacerbated since then. It would be 15 years out of date.

[Mr Jack Straw (Blackburn) (Lab)]

Does the right hon. Gentleman accept that he is being just a tad disingenuous in claiming—

--- Later in debate ---

[Mr Straw]

Would the Leader of the House accept that he has put only a part of his argument when he justifies the measure on the grounds of seeking equality of electorates? That principle is agreed across the Chamber. The objection to the 2011 Act was that it was a wholly partisan measure, breaking a clear convention that this kind of measure be agreed across the parties, to arbitrarily reduce the number of MPs from 650 to 600. That is the real reason.

[Mr Lansley]

Well, Mr Speaker, that was a long time to be sitting down. I think the right hon. Gentleman knows me well enough to know that I am on occasions wrong, but I endeavour never to be disingenuous. On this occasion I am not wrong either. One could equally argue that it was a partisan effort on the part of the Opposition to frustrate the intention of the House to bring equality and fairness into the franchise when the Parliamentary Voting System and Constituencies Act 2011 was passed. None the less, my point is simply that Parliament voted on that legislation, which has been enacted. That was done on the principle of equality and fairness and the Boundary Commission has proceeded on that basis. Not now proceeding with the review would leave all the inequalities in constituencies, between constituencies and between voters that go all the way back to February 2000.

[Mark Reckless]

My right hon. Friend says that he is not wrong, but he stated that the ministerial code contains no reference to the coalition agreement. Paragraph 1.2 states:

“The Ministerial Code should be read alongside the Coalition agreement”.

If that is the case, why is the Deputy Prime Minister being allowed to break it?

[Mr Lansley]

My hon. Friend has the advantage of me, but the ministerial code explicitly states the circumstances in which ministerial collective responsibility can be set aside. That is for the Prime Minister to decide, notwithstanding either the coalition agreement or the ministerial code.

Returning to the review, Members of this House must be aware that not only is the principle of equality and fairness relevant, but the review will have the effect of bringing down the number of Members here from 650 to 600, cutting the cost of politics by £13.5 million a year. As we are cutting back on administration and costs across the whole of the public services, it is only right that we apply the same principles to ourselves.

[Chris Ruane (Vale of Clwyd) (Lab)]

On inequality, how equal is it to reduce the number of MPs from 650 to 600 and increase the number of Members of the House of Lords by an extra 125 since 2010? Where is the equity in that?

[Mr Lansley]

The hon. Gentleman and Opposition Members know perfectly well that if they had supported a programme motion on House of Lords reform, we would have been able to reform the House of Lords and reduce the number of Members in the Lords. But no, they did not do that.

[Chris Bryant (Rhondda) (Lab)]

Will the Leader of the House give way?

[Mr Lansley]

I always regret it, but I will give way to the hon. Gentleman.

[Chris Bryant]

So charmingly done. The right hon. Gentleman said that he was going to cut the cost of politics, yet the average cost of a completely unelected new peer is £150,000 a year. How many extra peers will he be appointing before the next general election? We have already seen the fastest appointment of peers of any Government in history.

[Mr Lansley]

We always made it clear on the Government Benches that if the House of Lords remained unreformed it would be necessary to enable it to better reflect the character of the outcome of the preceding general election. I will not reiterate the point I made to the hon. Member for Vale of Clwyd (Chris Ruane), but if the Opposition had supported House of Lords reform we would have been able to deal with that.

[Mr Kevan Jones (North Durham) (Lab)]

Will the right hon. Gentleman give way?

[Mr Lansley]

No, I am going to make more progress—this is only a two-hour debate.

I am asking the House to maintain the boundary review. As my hon. Friend the Member for Lichfield (Michael Fabricant) reminded us earlier, it was my right hon. Friend the Deputy Prime Minister who said, quite rightly, on Third Reading of the Bill that became the Parliamentary Voting System and Constituencies Act 2011:

“Fairness demands constituencies that are basically equal in size…there can be no justification for maintaining the current inequality between constituencies and voters across the country.”—[Official Report, 2 November 2010; Vol. 517, c. 864.]

I have heard no argument that changes that, nor any justification from the Lords to seek to do so.

[Harriett Baldwin (West Worcestershire) (Con)]

I thank the Leader of the House for giving way. He rightly emphasises that the coalition agreement is an important document, but could he also remind the House that manifestos are important, and will he inform us all of the Liberal Democrat manifesto pledge on reducing the number of MPs?

[Mr Lansley]

Again, my hon. Friend has the advantage of me, as I do not have the Liberal Democrat manifesto to hand. I will say from the Dispatch Box that the coalition agreement is important and that it set out our shared objective to introduce a Bill that included provision for the introduction of the alternative vote in the event of a positive result in a referendum—there was not such a positive result—as well as the creation of fewer and more equal-sized constituencies. The Parliamentary Voting System and Constituencies Act 2011 is therefore entirely part of the commitment made in the coalition agreement.

[James Duddridge (Rochford and Southend East) (Con)]

When I entered the House, a colleague advised me to carry in my top pocket a couple of good jokes for speeches. I will read one from the Liberal Democrats’ manifesto, which sadly my right hon. Friend does not have to hand. It is quite clear:

“we will be able to reduce the number of MPs by 150”—

full stop, end of quote. Why then are they not doing it? This would have been a good first step.

--- Later in debate ---

[Mr Lansley]

My hon. Friend makes an important point. If I may, I put it to my hon. and right hon. Friends on the Liberal Democrat Benches that they might like to explain their reasoning to my hon. Friend later in this debate.

[Mrs Laing]

I thank my right hon. Friend for giving way. I hope it may be helpful to him and the House to know that his colleague the Deputy Prime Minister gave evidence to the Select Committee on Political and Constitutional Reform on 19 April and 13 December last year, and I asked him the exact questions that Members have been asking in the last few minutes. He made it clear to the Committee that he still agreed with what he said at the Dispatch Box on Second Reading: that we have to put right what he called

“the broken scales of our democracy”—[Official Report, 6 December 2010; Vol. 515, c. 36.]

However, he also made it clear that although he considers the current system to be unfair, he is absolutely certain that that unfairness should continue until after the next general election. That is his position.

[Mr Lansley]

I am sure the House is grateful to my hon. Friend for informing it about the discussions in the Political and Constitutional Reform Committee. From my point of view, I know the Deputy Prime Minister’s commitment to constitutional reform. I think the boundaries review and the introduction of greater equality and fairness in constituencies and between voters is an important constitutional reform, and I hope he would want to see it put through before the next election.

[Henry Smith (Crawley) (Con)]

Will my right hon. Friend give way?

[Mr Lansley]

I will carry on for a moment, if I may.

Some argue that the boundaries review may spend further money this year and then not be approved—that argument was adduced in the Lords. One might equally say that several millions have been spent and the process should be completed. Either way, the amendments in lieu, if passed today, would settle that question. They would bring the review into effect without any further political interference, which, given the independent character of the review, has merit in any case.

[Toby Perkins (Chesterfield) (Lab)]

Will the Leader of the House give way?

[Mr Lansley]

I will, and then I will give way to my hon. Friend the Member for Crawley (Henry Smith).

[Toby Perkins]

I am grateful to the Leader of the House. It is undoubtedly true that the question could be settled one way or another today. However, given that the Liberal Democrats are clear that they will not support him, is not the most sensible thing for the House to finish this and not waste any more money on it, rather than continue with the process when it has already been made clear that what was a very political initial manoeuvre is now doomed to fail?

[Mr Lansley]

I am rather disappointed that the hon. Gentleman thinks that my modest rhetoric might have no impact on my hon. Friends on the Liberal Democrat Benches. Surely that is the whole point of this debate and, in particular, of my colleagues and I tabling the amendments in lieu—precisely because it would be in the interests of this House to settle the matter today. It would be in the interests of this House, not least in its relationship with their lordships, to say, “We have settled it today. The boundaries review should be completed, as we legislated for it to happen, and there should be no more interference by either House, for any reason or any party.” There is an independent review; it should be completed. Before we come to the amendments in lieu, however, we first have to decide whether the Lords were right to amend the Bill as they did.

[James Duddridge]

rose—

[Mr Lansley]

Let me make this point, if I may. Let me put it plainly: I believe that what was done in the Lords was an abuse of the parliamentary process. We sent them a Bill concerning electoral registration; they inserted a provision outside the scope of the Bill. This is the first time that that has been done, and it was done contrary to the advice of their Clerks, who ruled that the amendment was not relevant to the Bill. It is also significant to note that the Cross Benchers in the Lords voted by two to one against inserting the boundaries amendment.

[Steve Baker (Wycombe) (Con)]

I am not in the least surprised that the forces of reaction still come from the other place, but does my right hon. Friend share my astonishment that now the forces of reaction are the party opposite and the party below the Aisle, on the Liberal Democrat Benches?

[Mr Lansley]

Yes, my hon. Friend makes an important point. I might say that the argument was put to the Members of the other House that in agreeing such an amendment, the Lords are seeking directly and dramatically to intervene in the structure of elections to this House. As my noble Friend Lord Strathclyde told peers in another place:

“How odd it would be if this unelected House…should have the temerity to tell the elected House how to proceed on its…election”.—[Official Report, House of Lords, 15 November 2010; Vol. 722, c. 568.]

How often did Opposition Members complain when they were in government if the unelected House sought to overrule the elected House? Let them contemplate this: how much stronger is that complaint, which I heard them make, when the view of this House is overruled in relation to the franchise to this House?

[Pete Wishart (Perth and North Perthshire) (SNP)]

May I remind the Leader of the House that those of us on the SNP Benches were never in government? He will have no comfort from the Scottish National party. We will be voting against the Government’s proposals, even though the new boundaries would be to our advantage. Can he explain why the Conservatives are selecting candidates on the current boundaries, not the new boundaries?

[Mr Lansley]

I am very disappointed in what the hon. Gentleman says, because I would hope that Members of this House would attach immense weight to the primacy of this House in determining the franchise for this House and reject a move by the unelected House to seek to interfere with the previously settled will of this House.

[Andrea Leadsom (South Northamptonshire) (Con)]

Although Members in the other House might not care what voters think, because they do not have to face them, surely other colleagues in this House must care that all their electors would like the cost of Parliament reduced and for all votes to count as much as each other.

[Mr Lansley]

My hon. Friend makes a good point well. Anybody who votes to agree with the Lords or not to disagree with them on this amendment will, I fear, have to explain to their electorate why they are not reducing the cost of politics when we are asking the public services generally to do that.

In what is colloquially known as the Hart-Rennard amendment we have not only an abuse of parliamentary process, but a democratic travesty. The unelected House is seeking to frustrate the precisely expressed will of this Parliament—not a previous Parliament—to deny fairness and equality in the franchise and fundamentally to manipulate the basis on which this House is to be elected.

[Mr Kevan Jones]

Can the right hon. Gentleman explain why this Government have appointed 125 new peers since 2010? Contrary to what my hon. Friend the Member for Rhondda (Chris Bryant) said, the average cost is £130,000 a year, which adds an extra £16,250,000 a year to the cost of politics, or £81,250,000 over five years.

[Mr Lansley]

Leaving aside the fact that some of the figures that the hon. Gentleman quotes were from the resignation honours back in 2010, I would say that he heard what I said about House of Lords reform. If he and his colleagues had supported the programme motion, we would be in a completely different place in the House of Lords.

[Several hon. Members]

rose—

[Mr Lansley]

There is limited time for this debate and I need to conclude my speech.

I urge Members to recognise that democrats in all parts of this House should reject the Lords amendment. Even those who object to the boundaries reviews, whether for party, personal or other reasons, should reject the way in which the Lords have amended the Bill. In doing so, they would still have the option of voting for or against the review, in the subsequent vote on the amendment in lieu or, if it is rejected, in October when the boundaries reports come before the House for approval.

[Jesse Norman (Hereford and South Herefordshire) (Con)]

rose—

[Paul Uppal (Wolverhampton South West) (Con)]

rose—

[Mr Lansley]

I will give way finally to my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman) and then my hon. Friend the Member for Wolverhampton South West (Paul Uppal).

[Jesse Norman]

I am very grateful to the Leader of the House for giving way. I can only sympathise with his travails over the abuse of powers on this issue by the House of Lords. Can he imagine how much worse it would have been if the House of Lords had been elected?

[Mr Lansley]

My hon. Friend is inviting me to engage with a series of hypothetical situations. I will resist the temptation.

All four boundary commissions have completed their consultations and are finalising—

[Mr Straw]

rose—

[Karl Turner (Kingston upon Hull East) (Lab)]

Give way!

[Mr Lansley]

I will, but I have given way to the right hon. Gentleman before and it took about five minutes.

[Mr Straw]

Could the Leader of the House now answer the clear question put by the hon. Member for Perth and North Perthshire (Pete Wishart): why is the Conservative party selecting candidates on the existing boundaries, not those in the new Act?

[Mr Lansley]

As Leader of the House, I am answering for my party and for the Government—[Interruption.] My party will live very happily with the outcome of the boundary commissions’ review, I can tell you that. The boundary commissions are finalising their recommendations. They are doing that because this Parliament voted for that measure. This concerns a fundamental feature of our democracy—namely, the basis on which we are elected to this House.

[Paul Uppal]

On that point of principle about the democratic deficit, is there not an irony in the fact that Labour and Liberal Democrat Members are often inspired by the Chartists, who voted for equal-sized constituencies? There is a perverse relationship today, in that those Members are going to go through the Lobby and vote to retain the disconnect and the democratic deficit.

[Mr Lansley]

I was right to give way to my hon. Friend; he has made a good point. That votes should be of equal value is a fundamental principle that we should seek. We voted for that in legislation earlier in this Parliament, and it is now our task to see it through. This must be fair, equitable and democratic. It is wholly wrong that these measures should be overturned by an unprecedented device in the other House. I therefore ask Members across the House to disagree with the Lords. Having done that, we can go on to decide whether positively to settle the boundaries today by voting for the amendment in lieu or to let the proposal come back as planned on the basis of the boundary commissions’ reports later this year. In the interests of democracy and equality, I urge the House to disagree with the Lords in their amendment.

[Sadiq Khan (Tooting) (Lab)]

May I first congratulate—

--- Later in debate ---

[Sadiq Khan]

I can reassure the hon. Lady that I am just warming up. If, during the course of my speech, I have not addressed the points she raises, she can intervene again later, once I am in full flow.

[Mr Lansley]

The right hon. Gentleman is trying to make a link between the electoral register and the Electoral Registration and Administration Bill and the boundaries review—but that is a completely false connection. The 2015 election will be based on a register in its current form, not on individual electoral registration, either way—whether done through the boundaries review as planned or whether done without it. The Bill does not impact on that.

[Sadiq Khan]

The Leader of the House must be a fantastic poker player, as he said that with a straight face. I will give him a mini-lecture on why he is so wrong, on this issue as well, in a few moments. If he is still not persuaded, he can intervene and explain it to me again.

I have explained why we have sought to amend the Bill—both in this Chamber and in the other place—to include further mechanisms for maximising voter registration, particularly for the harder-to-reach sections of our communities. The importance of doing all in our power to avoid a sharp drop-off in registration levels was brought home by the experience of Northern Ireland, recently re-emphasised in the Electoral Commission report.

We know that those most likely to fall off the register are not sprinkled uniformly across the country. Each constituency does not have its equal share of missing voters. Instead, it is generally accepted that the missing eligible voters are likely to be from black, Asian and ethnic minority communities, the more transient residents who live in rented accommodation such as students and young people, the elderly and the disabled and those in more deprived communities. The Leader of the House and his Back Benchers talked about equality and fairness, but the Electoral Commission has reported that

“under-registration is notably higher than average among 17-24 year olds (56% not registered), private sector tenants (49%) and black and minority ethnic British residents (31%)”.

It also found that

“the highest concentrations of under-registration are most likely to be found in metropolitan areas, smaller towns and cities with large student populations, and coastal areas with significant population turnover and high levels of social deprivation.”

These millions missing from the register would not count in the calculations for the setting of parliamentary boundaries. Any boundaries produced would be skewed and would be open to questions about their legitimacy. That should worry us all.