Parliamentary Constituencies Bill (Seventh sitting)

Debate between Ben Lake and Chloe Smith

Committee stage & Committee Debate: 7th sitting: House of Commons
Tuesday 30th June 2020 Public Bill Committees

[Chloe Smith]

It was so emphatic that I thought it was another marvellous point coming from my right hon. Friend. Let me meet that noise of approval with another example from the 2018 review about naming constituencies. The commission initially proposed naming two constituencies in alphabetical order: “Colwyn and Conwy” and “Flint and Rhuddlan”. However, the order of these names was reversed in the final recommendations after the commission received advice about

“a Welsh language convention of naming geographic place names from north to south and from west to east.”

I make no comments about the merits of north, south, west or east Wales. The hon. Member for Ceredigion has already done that very capably. I should also note that the Boundary Commission for Wales raises the issue of Welsh language links in the meetings and briefings with the various political parties at the start of any boundary review, and it is open to the parties and members of the public to raise Welsh language links in the extensive consultation carried out during a review.

I hope that I have provided reassurance that the law as drafted already gives the boundary commissions—in this case the Boundary Commission for Wales—all they need to take account of languages and how they contribute to local ties. This is a pressing case in Wales. I hope the examples I have given show that that is already happening in action. On that basis alone, I suggest that the amendment should not be accepted.

However, I will advance one other, perhaps darker and more serious argument than the one the hon. Member for Ceredigion intended, and I certainly do not cast aspersions on him for making those points. I want to highlight a slippery slope that could occur with such an argument. It is right that the legislation does not set out characteristics of people, but sets out characteristics of place. There is an important moral dimension to that. It is easy to foresee a slippery slope, whereby other characteristics of people could be argued for in terms of how constituencies ought to be drawn. Although we have not given him much time yet in our debates, we could think back to Governor Elbridge Gerry in 1812 in Boston who did that. Of course he gave his name to the term “gerrymander”, because he created a constituency that looked like a salamander that had the characteristics of people that he wanted to be seen in one constituency. We should be cautious about the idea of opening up to placing people together because they have a certain characteristic, as opposed to local ties of place, which perhaps give a more respectable way to look at community. I am conscious that the hon. Gentleman certainly did not go that far in making his argument, and I would not want to say that he had done so. I am grateful to him for his thoughtful presentation of the issues, but I hope that the set of arguments I have put both demonstrate how the language is rightly taken into account, and show some of the dangers of going further with the amendment. I urge the hon. Gentleman to withdraw it.

[Ben Lake]

I will keep my remarks brief. As I set out earlier, amendment 1 was a probing amendment and I am pleased with the debate we have had. We have not only highlighted the importance of the language in Wales, but had a bit of a discussion about what constitutes local ties, and how we might try to balance them out. I agree with the Minister that the Boundary Commission for Wales has done sterling work in the conservation of the language and in adopting the Welsh language standards voluntarily. I know from experience in my own part of the world that in the proposed boundary change of 2018—or even before that; I have lost track—the Welsh language was a key consideration that informed the final recommendation. In no way did I try to criticise the work of the boundary commission in tabling the amendment. The boundary commission does very good work. My concern relates to how local ties are balanced in the future, but I accept the point about not only the appropriateness of having the language on the face of the Bill, but the possible unintended consequences for the boundary commissions. With that in mind, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Chloe Smith]

I managed to give some of the principal arguments for clause stand part earlier, so I will not detain the Committee long. If hon. Members can bear to think back to what was said, I explained why clause 6 was important in allowing a fixed picture of local government boundaries to be taken into account, and explained the necessity of fixing that point in time. I also explained the rationale for our inclusion of prospective changes in the Bill. Having heard no further questions or comments on any of those points, I hope that the clause will stand part of the Bill.

Parliamentary Constituencies Bill (Sixth sitting)

Debate between Ben Lake and Chloe Smith

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

[Chloe Smith]

I will address both clause 4 and the amendment in one breath. As currently drafted, the rules governing the boundary reviews provide that there should be between two and five public hearings in each of Wales, Scotland, Northern Ireland and the nine English regions. The amendment would make the number of public hearings a matter of judgment for each of the boundary commissions. I am confident that I understand the argument that the hon. Gentleman made, and I am grateful to him for tabling the amendment in the spirit of improving and prioritising public consultation of the existing framework, which is very important.

My reservation about the amendment is that we need to give the boundary commissions clear rules that are in themselves unimpeachable. As we discussed this morning, there is of course great interest in getting the result right so that it can carry trust and command confidence. To that end, a clear and unambiguous framework is helpful; it would allow the boundary commissions to better preserve both their actual and perceived independence.

By mandating a particular number of hearings, we are saying that the commissions are able to deploy their technical expertise in a legally certain environment in which their independence could not be challenged for the wrong reasons—for example, on the grounds of process, or on grounds such as, “You didn’t do enough hearings here,” “You did too many hearings there,” or, “You didn’t give us a fair voice here and gave somebody else an overly large voice over there.”

I would put the argument at that level: instead of removing it entirely, it is right to maintain that set of guidelines for how many hearings there ought to be, because it allows for there to be a greater degree of public trust around the fairness of the process of the hearings. I hope that argument is enough to engage the interest of the hon. Member for Glasgow East, and to persuade him and the hon. Member for Ceredigion not to press the amendment.

[Ben Lake (Ceredigion) (PC)]

Before the Minister moves on to clause 4, I have a question about amendment 10. Is it fair to say that the Government might be willing to consider extending or increasing the role and number of hearings—setting a higher limit, as opposed to lifting it completely?

[Chloe Smith]

I understand the point that the hon. Gentleman makes. As the witness from the Boundary Commission for Scotland said, there ought to be more hearings. That is a fair argument—perhaps a fairer argument than the one I was seeking to address just now. I note that it is not the one on the amendment paper, so it is perhaps academic for the purposes of the immediate discussion. However, I understand and note the hon. Gentleman’s point. I will discuss the full extent of what we are doing with the public hearings, which might address his point.

We are changing the timing of the public hearings so that they can be better targeted by the boundary commissions. That goes directly to the point that Ms Drummond-May made. With the number of hearings that she had, she had to decide where to hold them in what is, as we all know, a large geographical area that is sparsely populated. Being able to be more flexible about when the hearings take place addresses that point, because after having observed the first round of feedback coming from the first round of consultation, the boundary commissions will be able to say, “Right, we see where that feedback is coming from. We’re going to use the change in timing for the hearings, which will now be in the second round, to meet that feedback where it is coming from.” In effect, it will save somebody such as Ms Drummond-Murray the difficulty of deciding blindly whether to put their hearings in Hawick or Inverness.

This change addresses that point: without necessarily needing to add another hearing, it allows for them to be better targeted. I will explain a little how the clause does that. It makes a change by putting the public hearings later in the consultation process. As I say, the clause allows public hearings to be better targeted to areas where it is clear that there might be the greatest debate over possible different options. From our discussions with the boundary commissions—indeed, the Boundary Commission of Scotland told us this in Committee—we know that it is only once a review gets going that boundary commission staff are able to judge where the feeling is greatest about particular constituencies and proposals. That is where we would want to target the use of public hearings to have the greatest impact on, and responsiveness to, the public, which is a principle that we all agree on.

The trouble with the current legislation is that the public hearings take place close to the start, during the first 12-week consultation process. Bearing in mind that the hearings are events of some scale and inevitably require large venues, which can be hard to find and need to be booked ahead, this could be a particular concern in areas where there is a sparse population. Again, there is a limited number of such venues to choose from. Under the current law, the boundary commissions can therefore find themselves picking locations and having to secure the venues before the review has even begun, to ensure that they can conduct those events. In effect, they are guessing about where the interest is going to come.

The change being made by the clause addresses that issue by allowing the boundary commissions to be better able to consider the responses received, assess where the feeling is greatest, decide where the hearings should be held, and then plan and deliver those hearings for the secondary consultation period. Therefore, to make it possible to implement this change, we are adding time to the secondary consultation period. The clause has the effect of moving four weeks of consultation time from the initial consultation period to the secondary consultation period, to allow that time for public hearings.

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[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.

[Ben Lake]

I appreciate the point that the Minister makes about the practicalities of us getting things right and where we draw the line, but given that we know that in certain areas—I know about some wards in my constituency—only 35% of the eligible electorate are actually registered, that is the figure that would be taken into consideration when favouring boundaries. I echo the point made by the right hon. Member for Elmet and Rothwell—we have to represent everybody. Those individuals who have not registered to vote will perhaps come to us for help and assistance. That is a point we need to explore further.

[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.

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[Ben Lake]

I do not wish to detain the Committee for long. My hon. Friend the Member for Glasgow East explained the rationale behind the amendments and how we want to probe for a bit of debate. This gives me an opportunity to make history, potentially, because I will urge caution about accepting the amendment that I support, in the light of written evidence from Councillor Dick Cole of Cornwall Council, submitted to the Committee after the oral evidence sessions concluded. I would be interested to hear the Minister’s thoughts on his letter, and particularly on the rights of Cornwall as a historic nation. Sir David, you were kind to allow me to tread on unfamiliar territory during the evidence sessions in asking about feelings about a cross-Tamar constituency. Having studied the matter further, I understand that people in Cornwall feel strongly about it, and rightly so.

The Committee’s attention should be drawn in particular to a decision made by the UK Government in 2014, where they recognised the Cornish people through the framework convention for the protection of national minorities. One part of the convention seeks to protect the political integrity of territories associated with groups such as the Cornish people. When the Minister sums up, could she say whether anything can be done as part of the Bill to address such concerns? I note there are a few calls for a boundary commission for Cornwall to be set up. I would be interested in hearing what is possible, because Councillor Cole has raised valid concerns that we should at least look at.

[Chloe Smith]

I am sorry to add to possible confusion, but before the hon. Member sits down, is he referring to amendments 6 and 7 or to amendment 1?

[Ben Lake]

That is a good question. I am talking about amendments 6 and 7 in terms of the ability not to hold too tightly to local government boundaries. Of course, at the moment Cornwall Council is a local government boundary, and the amendments could allow for the Boundary Commission for England to introduce a cross-Tamar constituency, if it deemed that necessary.