(3 years, 11 months ago)
Grand CommitteeMy Lords, I endorse what the noble Lord, Lord Grocott, has just said about the use of Grand Committee for this stage of a very important constitutional Bill.
I have listened with great interest to the arguments of the noble Baroness and the noble Lord for these changes to the Bill. The noble Baroness’s most formidable reflection on the previous legislation reinforces our concern for careful parliamentary scrutiny of the Bill, not of the eventual recommendations of the commission. I can best sum up the current view of my Liberal Democrat colleagues in both Houses on these amendments, and the opposition to Clauses 2 and 3, as sceptical and unconvinced. The Labour Party has got to persuade your Lordships’ House that the proper last word, however limited, on constituency boundary changes should be left to the Government of the day—after all, that is what is being said here: the party with a current majority in the House of Commons—rather than trust the independence and integrity of the non-partisan statutory bodies tasked with this delicate democratic exercise.
Quite apart from the element of MPs “marking their own homework”, in the colloquial phrase, this does not sound very realistic. If the suggestion is that it would not work like that, the recent experience of No. 10’s approach to constitutional convention and propriety, to which the noble Baroness referred, would surely suggest otherwise. Just look at the outrageous attack on the Electoral Commission. Even the timing of the tabling for approval by Parliament could become highly politicised. Crafty delaying tactics could be employed, as we will be discussing shortly.
We were delighted to be supported in these views by the forthright report last week of the Constitution Committee of your Lordships’ House, to which reference has been made. I want to read out the first two, key findings:
“The removal of Parliament’s power to block Boundary Commission recommendations is constitutionally appropriate and therefore welcome … automatic implementation of Boundary Commission recommendations will only protect against undue political influence if they are themselves genuinely independent.”
Amen to both. I note that the current chair of that formidable, important and highly respected Select Committee is the noble friend of the noble Baroness, Lady Hayter, and the noble Lord, Lord Grocott: the noble Baroness, Lady Taylor of Bolton. I know from my experience of working with her in the other House when she was Leader of the House and then Chief Whip that she does not suffer fools gladly. I therefore highly respect the conclusion that the committee has come to under her chairmanship. We wholeheartedly endorse those recommendations.
As long as the commissions are permitted to undertake this important job without fear or favour by the Government of the day, or anyone else for that matter, they should surely be given every encouragement to get on with it. As long as each of the four Boundary Commissions is given a truly appropriate operational framework by this legislation, it would be both constitutionally preferable and a great deal more practical to leave the responsibilities as set out in the Bill.
However, that surely requires the Government to see sense on the danger posed by the very tight straitjacket permitting the commissions only a 5% variance on the constituency electorate norm. We will come back to this core concern later. For the time being, I ask the Minister to note that no fewer than 20 Peers who spoke at Second Reading, from all sides of the House, expressed concern about those restrictions. If the Government prove obdurate on this issue, we may have to reconsider our attitude on Report, but for the time being we are not persuaded to support this group of amendments.
My Lords, parliamentary boundaries seem to have been at the heart of my political life. Legislation concerning alteration of constituency boundaries has always been a challenge for constituencies, as close friendships are formed and jealously guarded, but it is always in the knowledge that boundary review adjustments can frequently be made and even new constituencies created—I live in one myself: Kenilworth and Southam, which was new in 2010 and sends councillors to three different councils.
It was in the run-up to the 1970 election that I first came upon boundary reviews. I had just become a senior officer in the constituency and wanted to make sure that we did everything correctly. Ever since then, I seem to have been around when reviews have come up. However, opposition parties—obviously, under different Administrations—have by clever ruses thwarted efforts to give the country proper representation. The last occasion was in 2013, when Sir Nick Clegg and his party’s gerrymandering altered the date of implementation to 2018. Now we are left with constituencies ranging in size from 21,200 to 111,400. It is monstrous that we are working from registers that are 20 years old.
Development has changed the landscape in the past 20 years, so it is essential that the review takes place as soon as possible. We must ensure that, once the report has been published, it cannot be held back in any way. The country must not be defrauded again. There must be automaticity so that the Bill is enacted as soon as possible. I would be happy for the report to be sent to both the Secretary of State and the Speaker simultaneously—after all, a highly charged Speaker could withhold it for any period if it were left to him or her alone. I just hope and pray that this Bill will finally give the people of this country, before the next election, the fair and automatic changes that have been needed for so many years.