Dissolution and Calling of Parliament Bill

Debate between Alec Shelbrooke and Chloe Smith

Committee stage & 3rd reading
Monday 13th September 2021 Commons Chamber

[Chloe Smith]

Absolutely. This is a good opportunity to remind ourselves that we have not necessarily observed a 25 working day timetable. For example, the 2017 election, known to have been rather a long one, was considerably longer than that minimum statutory period. It is important, as my right hon. Friend says, to be as clear as possible on this point.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

Does my hon. Friend feel that the debate on this presents the opportunity for a further piece of work on the period from when a Prime Minister dissolves Parliament to when the 25 days should start? I appreciate that this Bill is not really the appropriate moment for that, but does she agree that there should be further study and work to decide whether the timeframe should be tidied up more before we get to the 25 days?

[Chloe Smith]

I am grateful to my right hon. Friend. Some of what he refers to is not necessarily within a statutory scheme but within, for example, the processes of this House, but he makes a valuable point. We do need to look at the evidence in this area; that will clearly help us. There is already some written work that I would commend to right hon. and hon. Members. They could look at the most recent report of the Association of Electoral Administrators, which said, in July, that less time would be significantly problematic and that there was only so much that could be done at once. It made the point again in written evidence to the Joint Committee, saying that

“it would be catastrophic for everyone involved…if the statutory election period were to be shortened…It would create a significant risk of the election failing and not being delivered and increase the risk of disenfranchising potential electors”.

[Alec Shelbrooke]

Just for clarification on those comments, are the electoral services referring to the 25 working days, not a period leading up to that, and saying that they are confident that they can always achieve their work in the short campaign as defined, not relying on any period of time before the short campaign starts?

--- Later in debate ---

[Chloe Smith]

Again, some incredibly thoughtful points are being put. My hon. Friend is right to observe that the introduction of online registration has enormously sped up how people can register, and he draws me to talk about two things. The first is to acknowledge what needs to be done to ensure that overseas voters can cast their ballots more easily. There is an entire field of working going on there, which we will discuss more in consideration of the Elections Bill—I look forward to seeing him in the debate—but a general point sits in the discussion of these amendments, which is how we ensure voters are getting what they need out of the election process.

[Alec Shelbrooke]

rose—

Elections Bill

Debate between Alec Shelbrooke and Chloe Smith

2nd reading
Tuesday 7th September 2021 Commons Chamber

[Chloe Smith]

It might not have been the intention of the hon. and learned Lady to assist me in making this case, but she does because she allows me to make the critical point that this scheme is underpinned by a free local voter card. I have already mentioned that 98% of people already hold the identification that will be asked for by the scheme. For those who do not, we are making sure there is the free alternative of a local voter card.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

When we cut through the noise, is it not true that the Organisation for Security and Co-operation in Europe said that we cannot have definite security in our elections if we do not have photo ID? Is it also not the case that we are being asked to continue a practice that puts us outside international standards?

[Chloe Smith]

That is exactly the case. Indeed, countries around the world already operate this system with ease, and not only other countries. This policy is already successfully and easily operated inside our own United Kingdom, and we need to learn from the Northern Ireland experience.

Elections: May 2021

Debate between Alec Shelbrooke and Chloe Smith

Wednesday 13th January 2021 Commons Chamber

[Chloe Smith]

Labour Members here today are so keen to paint a picture of delay that they are not seeing the wood for the trees. The point is that a whole set of preparation has already been laid. If the hon. Member were to speak to her colleagues in the Welsh Labour Government, she would know that those colleagues and I have already had extensive discussions about the merits of, for example, early voting. I have also had those conversations with administrators across the relevant area, who do not necessarily share the merits of that argument. I do not think there is a clear case for early voting, because it introduces extra complexity at a time when what voters need is polls delivered safely and easily.

I also take this opportunity to emphasise that I have considered the case for all-postal ballots, which has occasionally been raised in the House, but there are some drawbacks to that—namely, that it would prevent people from being able to exercise their preference of how they vote at elections. As I said at the outset, it is important to help people to take their preferred choice in how they vote. That is why our comprehensive set of preparations gives rise to people being able to apply as early as they wish for a postal vote, and I encourage people to do so; to take advantage of new arrangements for a slightly extended proxy scheme, which makes sure that nobody would be excluded; and, finally, to vote in person if they wish, at which point polling stations will be covid-secure.

[Alec Shelbrooke (Elmet and Rothwell) (Con) [V]]

May I say how delighted I am to see my hon. Friend in her usual robust style with a good grip on her brief? Following on from the previous question, in terms of those who are pushing for a full postal vote election, what would be the lead time to put that in place? I assume that quite a lot would have to be done to make everybody vote by post in this election.

[Chloe Smith]

Yes, there is a lengthy lead time, and it would require a lot to be done. I do not think it is the right thing to do, so I can confirm to the House that any such preparation has not been laid for that.

Parliamentary Constituencies Bill (Sixth sitting)

Debate between Alec Shelbrooke and Chloe Smith

Committee stage & Committee Debate: 6th sitting: House of Commons
Thursday 25th June 2020 Public Bill Committees

[The Minister of State, Cabinet Office (Chloe Smith)]

It is an absolute pleasure, Sir David, to serve under your chairmanship, as it was to serve under Mr Paisley’s this morning. I shall in my remarks cover clauses 1 and 2 stand part, and amendments 2 to 4, and respond where I can to what right hon. and hon. Members have said.

Clause 1 deals with the timing of boundary reviews and the submission of the final reports by the boundary commissions. First, the clause provides for the next boundary review to take place according to a slightly shortened timetable. The clause sets 1 July 2023 as the date by which the four boundary commissions must submit their final reports. That means that they will have two years and seven months from the review date—the formal start of a boundary review—to complete the process and submit their recommendations. Usually, they would have two years and 10 months.

I will deal straight away here with a point raised by the hon. Member for Glasgow East. He mentioned the question raised by Professor Sir John Curtice about why there should be a difference between the period for the immediate next review that for future reviews. I hate to say it, but there is no great conspiracy. It was set out clearly in the pages of the Conservative party manifesto, which I know the hon. Gentleman will have had as his bedside reading day in, day out since 2019. He will know from it that we have made a commitment to repealing the Fixed-term Parliaments Act 2011. There is no secret. That legislation is inadequate and we are committed to repealing it. I will not go into further detail about that in this Committee—you would not want me to, Sir David—but it squarely answers the point. It is no great secret that according to that scheme there should then be the flexibility for the next general election to be called at the right time after July 2023, which is what is in the Bill.

The purpose of clause 1 is to give the best chance of having new constituency boundaries in place ahead of the next general election, whenever that may come. As witnesses such as Mr Peter Stanyon and Mr Chris Williams of the Green party reminded us, once the recommendations of a boundary review have been brought into effect, it takes some time for returning officers to implement the new boundaries, and for all others involved, including political parties, to make the necessary preparations to field candidates and communicate with voters. So we have to allow for that period before new constituencies will be put into use. It is not a fixed amount of time, but, as a general principle, we aspire to ensure that legislation is in place six months before a poll.. That was discussed in the evidence sessions.

As the Committee is aware, it is over a decade since the results of a boundary review have been implemented. Our existing Westminster constituencies are based on electoral data from the very early 2000s. That means that our current constituencies take no account of today’s youngest voters, which is beginning to get ridiculous, nor do they reflect nearly two decades of democratic shift, house building and all the things we want a boundary review to consider. The purpose of the provision in clause 1 is to ensure that the next boundary review, which is due to begin next year, finishes as promptly as possible, without compromising the processes of the boundary commissions, including the extensive public consultation they conduct, which I will make a brief point about. We will discuss public consultation further as we go through the clauses.

The three-month reduction in timetable, in the case referred to in the clause, will be made possible by shortening the sum of the boundary commissions’ internal operational processes. In addition, we propose to shorten the public consultation time for the next boundary review only from 24 to 18 weeks. I will address that in greater detail when we discuss clause 4, where that is laid out. I can say at this point that we have tested the proposition—a timetable of two years and seven months—with stakeholders, including electoral administrators, the parliamentary parties and representatives of other parties. There was a cross-party consensus that in this instance the change is beneficial and the right thing to do.

The second change introduced by clause 1 is to extend the boundary review cycle, moving the review from every five years to every eight. The intention here—my right hon. Friend the Member for Elmet and Rothwell touched on this—is to ensure that parliamentary constituencies are updated sufficiently regularly without the disruption to local communities and their representation that might occur if there was a review every election period.

[Alec Shelbrooke]

Does my hon. Friend agree that, as several colleagues have mentioned, it is really important that the boundary commissions takes notice of what is being said here? Hopefully, they will look at the arguments being made, whatever the outcomes are. It is all about communities and getting it right in the first instance—I refer to the comments made by the right hon. Member for Warley. If they can do that, they can shorten the timeframe and take notice, so communities can stay together.

[Chloe Smith]

That is very important indeed. I am confident that all four of the boundary commissions have been listening closely to the proceedings of the Committee since our evidence sessions, which they joined, and since then in our proceedings clause by clause. I know they will want to take into account comments made by hon. Members across the Committee, including how we can keep communities together and ensure that the public has that strong voice, which was the point I was making with regard to clause 1.

Clause 1 sets out that in future the boundary commissions will submit their final reports to the Speaker of the House of Commons. Mr Speaker is the ex officio chair of the boundary commissions. The reports will go to him rather than to the Secretary of State, as the commissions do now. The Speaker, not the Secretary of State, will lay the reports before Parliament.

We think that is the right change. It underlines the independence of the boundary commissions—a theme we will return to many times. It is right that the chair of those commissions—in other words, Mr Speaker—should receive and lay the reports just as they also currently receive the progress reports made by the boundary commissions. It is also right that the Government’s only role is to implement the recommendations without needing to have any hand in the process by which they are submitted.

In summary, clause 1 makes technical but important changes to the conduct of boundary reviews. It sets the cycle of eight years, establishes the Speaker as the appropriate recipient of the final report and shortens the boundary review timetable in the way that I have explained, to give us and citizens the best chance of knowing that what they have asked for—the general election being conducted on the basis of updated and equal constituencies—will happen. For those reasons, I think the clause should stand part of the Bill.

--- Later in debate ---

[Chloe Smith]

I am happy to do so, Sir David. I thank the hon. Lady for raising this interesting issue, which touches on some of the broader themes that were raised in the witness session, which we may not necessarily come to in the rest of our consideration.

As the hon. Lady explained, this proposal would insert a new clause into rule 5(1) of schedule 2 to the 1986 Act—the factors set I mentioned earlier—to add an additional factor that the commissions may take into consideration. As I understand it, she thinks there ought to be

“data from the Department for Work and Pensions about non-registered voters”

who are eligible to vote, should they choose to register.

We have already discussed, and no doubt will again, the fact that boundary reviews are conducted on the basis of the electorate. That is a major principle. The electorate are defined at paragraph 9(2) of schedule 2 to the 1986 Act as being

“the total number of persons whose names appear on the relevant version of a register of parliamentary electors.”

The register of electors is used, and has always been used, because it is the most up-to-date, verified and accurate source of information we have on those who are eligible to vote. Hon. Members who enjoyed the witness sessions will recall that we had some discussion about what it means to talk in terms of completeness and accuracy. These are the signal terms we use when we talk about the electoral register.

This proposal goes beyond that because it talks about those who are not registered. I understand the desire to catch and reflect those who are eligible to vote but who, for whatever reason, have not registered to do so. However, I have to tell the Committee that there are some significant practical considerations that argue against this proposal, because it does not take them into account.

[Alec Shelbrooke]

I am listening carefully to the debate. Is one of the important points that we represent everybody, as the hon. Member for Lancaster and Fleetwood said? We are using a set of data taken from a set point in time and collected in a set way, but we do not just represent the people on the electoral register. We represent everybody who is in our community, including everybody under the age of 18, who are not on the electoral register. Whether there are more people or not, we are not disenfranchising them from the service they may receive from a Member of Parliament. That is an important distinction.

[Chloe Smith]

Yes, I think that is right; I agree with my right hon. Friend’s characterisation. Certainly, I aspire to that in my work, and I know that will be true across the Committee. The fact of the matter is that when constructing a review, and the framework that sits around it, we need to make a definition somewhere. If we believe in equal constituencies, we have to believe in an ability to find a number to define equality, and that has always been taken to be those who are registered as voters.

[Chloe Smith]

May I put on the record how much I appreciated the illustration the hon. Gentleman made to the Committee earlier about those who have second homes in his constituency? He gave a powerful illustration of the problem at hand for those who have their second homes in his constituency, perhaps in a slightly different direction in income terms from the thinking in this proposal.

Let me come to what is being asked in this proposed measure. My principal, practical point, which I make to the hon. Member for Lancaster and Fleetwood, is that the DWP does not actually have such a dataset. It does not have a dataset that specifically identifies eligible electors who are not registered to vote. In keeping with its purpose and powers, the Department holds data on those who pay tax or are in receipt of a benefit. That will certainly include individuals who are eligible to vote but not registered, and perhaps even the majority of such people—who knows?

My point is that we do not know that. However, those people would not be identifiable as such, because that is not the purpose of the DWP data. To create such a dataset, the Department would need to match its records with the electoral register, eliminate registered electors and generate a fresh, accurate list of those from its first dataset who are not registered but who are eligible to be. That would require a new data-matching process and a new power to share data for that purpose and place a new duty on the DWP. I think that the Committee will understand that I am not in a position today to accept such a new clause and argue that the DWP should proceed in that way. That is not within the scope of the Bill.

[Alec Shelbrooke]

I assume that I am right, although I stand to be corrected, in saying that not all voters who are registered can vote in a general election. There are voters who can vote in a local but not a general election. That is another factor that would have to be taken into account.

[Chloe Smith]

Here we go on the discussion of the franchise, which is a very large discussion, and I think, Sir David, you would rightly suggest we stay off it and remain within the matter in hand; but my right hon. Friend makes the point well that there are a number of different franchises in operation in this country, and there are a number of arguments for other groups to be added to the franchise. There are common arguments that those under 18, or European Union electors, should be added, but they are not in the scope of the Bill before the Committee, and in my opinion that is right. We have the correct data set, identified under the 1986 Act, as amended, and upheld in the Bill .

I hope that hon. Members will agree that the requirement that the new clause would put on the Department for Work and Pensions would not be technically correct or proportionate to its aim. I might add—although it is perhaps unwise as it might reopen the debate that we had about how the boundary commissions use data—that there is a further step that needs to be thought through, about how any such data could be used by the commissions. To use an example that I know hon. Members will appreciate, DWP records are not broken down by electoral ward—the very thing that we just spent some time discussing as the primary building block for parliamentary constituencies. A quite complex matching process would be required. That would take some time and of course doing it would have a price tag attached.

That is not the principal subject that the Committee is considering. I welcome the interest of the hon. Member for Lancaster and Fleetwood in how to include all people in our democratic process—the process represented in the Bill. She is coming from an admirable, principled place in tabling the new clause, and I have great sympathy with it, because I, like her, want as many people as possible to be registered to vote and take part, and to be counted within the purview of the Bill. However, I do not think that the new clause is a correct or proportionate way to achieve the goal.

Parliamentary Constituencies Bill

Debate between Alec Shelbrooke and Chloe Smith

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Tuesday 2nd June 2020 Commons Chamber

[Chloe Smith]

And so do I. And so does every single Member of Parliament in this House if they are working hard for their constituents. I wonder whether the hon. Gentleman mangled his words at the end of his sentence or if he is making a different point, which is that the electoral register ought to be based on everybody whom he helps in his constituency. That could not be so, because that would, for example, put people who are not citizens of this country on the electoral register so I do not think that that is a good argument.

Let me turn to the other key changes in the Bill. It will introduce a longer boundary review cycle, with reviews taking place every eight years. We think an eight-year cycle will provide for the regular updating of constituencies, but without the disruption of constant change. The Bill will slightly shorten the timetable of the next boundary review by three months to two years and seven months. That is a one-off change which gives us the best chance of updated boundaries being in place ahead of the next general election, recognising that political parties, electoral administrators, electors and candidates need to know those boundaries in good time.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

Can my hon. Friend just clarify the eight-year cycle? My concern is that with five-year Parliaments we will eventually end up with boundaries coming into effect a couple of months before an election and we will be unable to get the legal parts in place.

[Chloe Smith]

Yes, I am happy to do that. I think there are two points to that clarification. First, we calculate broadly that an eight-year cycle would give us a likelihood of two elections under one set of boundaries and then a third election on a changed set. It is that I to which referred when I said it gives a balance between change and continuity. It is important for constituents to know who their MP is and to do as they wish to do, which is to hold us all to account. Secondly, we operate very carefully to the Gould principle, which states that we should not make changes to electoral matters less than six months before the relevant election. That is a point of practicality. It is a pragmatic thing. It is something I always have in mind when working on elections with those behind the scenes as the Minister with responsibility for election policy. I can give my hon. Friend and the House an assurance that we want the principle to be in place here. There should always be a clear six months between changes to how elections are run and the running of elections.

--- Later in debate ---

[Chloe Smith]

I think the hon. Gentleman will find that that remains in the legislation that is already in place. I was going to come on to that in just a moment, giving the list of factors that must be taken into account, but I can assure him he will find what he asks for in that list.

[Alec Shelbrooke]

I am grateful to my hon. Friend for giving way. I will listen to what she says next, and I will come on to this in my speech, but I just want to get her view on it. What is the reasoning behind trying to keep the boundaries within one local authority? My constituents, for example, have no idea what the boundaries of my constituency are and whether they are within the boundaries of North Yorkshire County Council, West Yorkshire or Leeds City Council. I want to probe her on why she thinks it is important to stay within local authority boundaries.

[Chloe Smith]

That is not exactly what I have said. What I will make clear in just a second is that there is a list of factors that the boundary commissions must have regard to in the determination. I am not saying that any one of those factors is better than the others, and neither are the boundary commissions. There is a list of factors set out in the existing legislation dating from the 1980s, and we are simply saying that we leave that as it is. He will find the answer to his concern there.

Let me talk about how the proposed constituencies will be brought into effect. It will be done automatically by an Order in Council, without debate or approval by Parliament. I know that this is of some interest to Members. The purpose of this change is to bring certainty to the boundary review process. It is to give confidence that the recommendations of the independent boundary commissions will be brought into effect without interference or delay. There will be no change to the Government’s obligation to give effect to the recommendations of the boundary commissions. In fact, as part of this measure, the Secretary of State’s current ability to amend the Order in Council if rejected by Parliament will be removed. The Executive’s power will, if anything, be reduced.

If this Bill does not proceed today because it is blocked, as Labour Members want to do, they will leave more power in the hands of the Executive. Of course, they used that power—or, should I even say, abused that power—in 1969, when the Labour party intentionally blocked the independent boundary review’s recommendations. We do not think that that is the kind of thing that should happen.

We think that, first and foremost, the boundary commissions are independent organisations. They develop their proposals through a robust and thorough process involving extensive public consultation. It is really important that their impartial recommendations are brought into effect promptly and with certainty. That avoids wasting public time and money, and it ensures the independence of the process. Countries such as Australia, Canada and New Zealand use similar approaches to those proposed in the Bill with no interference.