Parliamentary Constituencies bill (Fourth sitting) Debate
Full Debate: Read Full DebateCat Smith
Main Page: Cat Smith (Labour - Lancaster and Wyre)Department Debates - View all Cat Smith's debates with the Cabinet Office
(4 years, 6 months ago)
Public Bill CommitteesQ
Peter Stanyon: Absolutely. That came from Sir Ron Gould, who did an investigation into—I think, from memory—the Scottish independence referendum, where there had been some very late changes to legislation. Anything can be planned for. With elections, as you all know, the period ahead of the polls becomes very pressurised. A longer lead-in to any significant change—a constituency boundary change would be significant—is welcome, and six months is certainly the minimum that an election administrator would want.
In the case of these boundaries, the fundamental point to bear in mind is that the electoral registers will need to be reshaped and put into their new building blocks. Whatever the case, we have 1 December as the date the revised versions of registers are published. That is often the logical date at which we would want parliamentary constituencies to be reflected in the electoral roll, simply because it means a full change in the register, which helps political parties and candidates. It can be changed later on but, again, that makes it more complicated. The sooner it is said—the Gould principle is six months—makes it far easier for that communication and working across boundaries with different administrators. De-risking the process is far easier if we have that lead-in time.
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Peter Stanyon: If I were to ask for tomorrow, that would be helpful, but I am not sure that is going to happen. In terms of the lead-in periods, we welcome the proposed spring timescale for boundary commissions to submit their reports to the Speaker. An ideal timescale would be elections taking place in May 2023, with preparations for an electoral registration cavass kicking on immediately after those May elections finish. We would then certainly look to have something by early summer at the very latest, so that, over that autumn period, as the canvass takes place, the amendments can be introduced to registers in the time for the revisions to be published on or by 1 December 2023.
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Peter Stanyon: Yes, I did. Ironically, the most accurate register of electors is arguably the register that is published with the additions the month after a major poll. In the case of the December 2019 general election, applications were flooding in, but what happens over the elections process is that people are deleted from the register as a result of returned poll cards information coming through to registration officers. Ironically, it is usually the month after an election, when the updates are made, that we have the most accurate version of the register. You may well see drop-offs from the register because your processing-through information has been returned to registration officers as part of poll cards going out, postal votes for deceased electors being returned, and other such issues.
One of the huge things with regards to the 1 December register is that it is not the most accurate and complete register—any registration officer will tell you that. Since the introduction of individual elector registration, the canvass does not register people any longer; it identifies potential applicants. As a result, whereas prior to individual registration everything took place during the canvass period and the register was as complete as it could be on 1 December, now the canvassing process seeps into January, February and March as it runs towards the traditional May dates. You will see fluctuations in registers that mean that the snapshot taken in December is not necessarily the most complete or accurate register; it is more likely to be among the ones that you mentioned.
The register on 2 March, which is being proposed, would provide a more accurate figure than that provided by the register in December, simply because it has taken account of all the additions that were made through the canvass and that went through as part of rolling registration ahead of the general election, and then cleansed the register as a result of the information gleaned from both the canvass and the fall-out from the general election. I hope that answers your question. I am not sure whether I got everything covered there.
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Peter Stanyon: Yes, certainly. The legislative background is that a local authority must subdivide every constituency in its area into polling districts, and then designate a polling place for polling stations. If there are changes to boundaries within a local authority area, they might not replicate the situation that is currently in place, so there would need to be a review of the provision to ensure that the newly defined constituencies and the building blocks within them are still applicable to the electorate at that stage.
We have just come to the conclusion of the statutory period for polling district review. The next one is due during the period between 1 October 2023 and 31 January 2025, when every single local authority must do this job. If a significant change to constituency boundaries meant that it was sensible to make those changes, there would be an additional layer to be done. Those same polling district boundaries are generally used for local government elections as well. It is about trying to get all the different layers of boundaries together so that the elector is, generally speaking, always going to the same polling station. If there is a combined poll, it is about getting the ballot papers for them in that particular station.
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Andrew Scallan: It depends on how you define prospective, because for us it is our work in hand. We anticipate that 19 reviews covering 3.3 million people will be made before 1 December. Our work programme, at the moment, includes a range of reviews that will not be completed by 1 December. There are around 13 reviews covering 2.1 million people that will be close to completion but will not be ready by 1 December.
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Andrew Scallan: Yes, we think that is exactly the case. It presents the opportunity to challenge; since 2010, there have been three discussions about our orders, but none has been overturned. They are either accepted or overturned, and the 214 that we have done since 2010 have all been approved.
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Andrew Scallan: No. The polling districts are a very useful tool. Our relationship is very different from the parliamentary process. We engage with the local authority, and, as you will know, a feature of our work is forecasting five years from the date of our final recommendations, which is not a feature of the parliamentary boundary commissions’ work. We engage very closely with local authorities and talk through the methodology for doing that forecasting, and the polling districts are a useful building block. When people come to us with proposals, they will often use the existing polling districts to shuffle around, either to create new wards or consolidate thoughts on what ward proposals should be.
Polling districts can change—I know Peter Stanyon was explaining to you the process—but for us it is very rare that we have a change of polling district during our review process. Once we have come up with our new wards, there is the need for new polling districts to be created.
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Andrew Scallan: From my previous life, the reasons for changing polling districts vary a lot. Sometimes councils take a policy that they do not want schools to be used for polling districts, which then requires other public buildings or even locations for temporary buildings to be thought through.
In terms of what goes through our mind, the legislation is clear that we can carry out a range of reviews. Some are periodic, and those are the ones where we try to go around the country, bearing in mind the number of authorities that we deal with. We also include two-tier county councils, which do not feature in the stats that the parliamentary boundary commission will use, but they are nevertheless a feature of our workload. We have periodic reviews, we have those that can be asked for by Ministers, and local authorities can sometimes request a review because they have chosen, for example—perhaps as part of an election manifesto—to reduce the size of the council. We will go in and start the review process, which for us has a series of starting points.
First, what will the council size be? Unlike with the parliamentary boundary commissions, that is a local discussion that takes place, during which we invite local authorities to think about what their governance arrangements should be. A figure is then arrived at, and we use that to divide the forecast electorate to work out what the average number of electors per councillor should be. That sets the ball rolling.
The other features involved will be whether a local authority has one, two or three-member wards, or a mixture of those. In the starting of our process, we invite local authorities and others to put in their suggestions about what the warding arrangements might be using those divisors, because we cannot claim to know every local authority in detail. We invite wide representation for local authority-wide schemes, but also from residents’ groups and community groups, who are only concerned about their own particular patch within their local authority.
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Can I round off my international comparison questions by checking whether New Zealand or any other countries that you are aware of also run with a judge-led process, securing a high level of independence, as we do in this country?
Darren Hughes: That has been a feature in New Zealand, and I know it is in other jurisdictions as well. One of the dilemmas to resolve is whether you draw up a list of positions you want to serve on the commission and to make the decisions—and in that sense you are blind to whoever the postholder happens to be when the review is done—or whether there are particular people who you think have the skills and strength and integrity to run the decision process for that particular round. That is something for the Committee to think about, because if you nominate particular positions, you always know who will be responsible for the decision, seeing as there will not be that final parliamentary vote, and that may have an impact on recruitment decisions, because those extra responsibilities are thought about. Alternatively, if there are particular people deemed appropriate for that time, that might reflect on whether or not it is judge-led, or whether there is some other structure that might be important.
Rounding off on that point, what you have to have at the back of your mind when coming up with these systems is what happens if they fall into the hands of a bad actor or a disruptive actor, or somebody who says, “This is just a bunch of conventions. It’s not really written down anywhere. We can drive a lorry through this.” The UK system is so trusted and has not gone down the Americanised gerrymander system, so that has got to be protected at all costs. That might lead you to want to be a little bit more prescriptive at the beginning, seeing that you are conceding that final vote at the end.
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Darren Hughes: There are so many strong arguments on the threshold question. We would come down in favour of a higher threshold than the plus or minus 5%, to be able to offer some flexibility in that sense. There are two competing ways of looking at this. On the one hand, who are the people for whom communities of interest are important with respect to parliamentary boundaries? The answer is: every single Member of Parliament and all the people who are in that orbit of representation, democratic work and politics. Outside of the campaign periods, the boundaries themselves, for the most part, do not have enduring appeal or identity. It has always struck me that, on a basic thing that people need to do all the time—think about where they are going to rent or buy a property—Zoopla does not make a big thing of telling you what parliamentary constituency you will be in if you move to this particular accommodation, whereas it will talk about the borough, the schools and the other services that are available. It makes sense to, as best as possible, come up with sensible communities for a constituency because the Member of Parliament will need to be doing a lot of important work there. However, I do not think you want to stretch it too far to pretend that people’s connection to a particular constituency is the most important thing. One way of dealing with that might be to look at the threshold question.
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I want to pick up on a couple of points that have been raised. In terms of the 5% electoral quota and splitting communities, going back to the Maori electorates—which I think are arrived at by dividing the South Island’s population by 16 and then applying to the Maori electoral register—they do lead to some splitting of communities and they still stay within the 5% boundary. Is that correct? I am thinking, for example, of Te Tai Tonga, which covers the entire South Island and only part of Wellington.
Darren Hughes: That is mostly right. The number of constituencies for the South Island is set: the population on the census is taken, divided by 16, and that gives you your quota for North Island seats, plus or minus. That number is demand driven by the number of Maori New Zealanders who decide to register on the Maori electorate. For a long time, only about 50% of people did that. It has gone up a lot more in recent times and that is why it has gone from only four seats up to seven, because it is demand driven. It comes off the back of that quota formula that you quote. Therefore—remembering that New Zealand is the same geographic size as the UK—one constituency is the entire South Island plus Wellington in the North Island.
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Gavin Robinson: The particular rule that we can rely on in Northern Ireland is rule 7. That rule is important for us, given the geographical nature of Northern Ireland, with the urban dimensions and restrictiveness of our small part of the United Kingdom. Rule 7 allows us, where there is unreasonable infringement, to go beyond the 5% tolerance. We wish to see that important rule maintained. That is maintained.
We are mildly concerned that the consequence of the judicial review that just emerged from the Court of Appeal may inject a level of chill in the Boundary Commission’s ability to rely on rule 7. It is an important flexibility that it should use, with the need ultimately to demonstrate the rationale for doing so.
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Gavin Robinson: I do not think it compromises the integrity of the Union in the longer term, but I do see that some of the arguments that could be used for retaining 18 seats in Northern Ireland could naturally apply to some of the other devolved Administrations. Fundamentally, the Northern Ireland Act 1998 provides for Assembly constituencies to be contiguous with our parliamentary constituencies. Without elections occurring at the same time, you could have a situation where you have representatives for a parliamentary constituency that no longer exists remaining in the Northern Ireland Assembly. I assume that unless there was some co-ordination between election times and reviews, that anomalous situation could occur, with representation for areas that no longer exist, depending on a boundary change and the configuration at that time. That is important for us.
You cannot really go beyond our boundaries unless you are prepared to go into extraterritorial application or the sea. Land boundaries with Scotland and Wales are obviously a little less constrained, but when you consider the impact on the devolved Administrations, I do think there is an argument that you can extrapolate from Northern Ireland to others.
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Gavin Robinson: I believe it is wrong to move away from parliamentary approval. I see the proposal is to remove the ministerial ability for amendment and to remove the ability for Parliament ultimately to approve the proposals. Parliamentary approval is an important constitutional dimension that should be retained. It is a bulwark against proposals that do not rest well with our body politic, and I do not think the removal from Ministers of the ability to amend is in any way commensurate with the removal of Parliament’s ability to approve the proposals. The Minister will know better than I, but I am unaware of any fundamental use of the Minister’s ability to amend. We are all aware, however, of Parliament’s ability to inject itself and determine one way or another whether proposals should proceed. So we are concerned about the loss of parliamentary approval in the process.
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Gavin Robinson: Arguments can be made for solidifying the number of constituencies in other parts of the United Kingdom, but I do not think there should be any rationale that precludes me from advancing an argument that is important for Northern Ireland on our political context and make-up. On our number of electors, at this moment in time we have sufficient electors for 17.63 constituencies, leading to the 18 constituencies, and we have that additional flexibility on rule 7.
Mr Linden, you are more than capable of advancing arguments that are important for Scotland, as indeed is Mr Lake for Wales. I think it is appropriate that the concerns highlighted about a cyclical reduction that could potentially arise through future reviews—a cyclical reduction or increase of parliamentary boundaries, and the knock-on consequence that would have for devolved Administrations—should be considered more generally, but I will advance the argument on Northern Ireland’s behalf.
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Dr Larner: The Bill has particularly drastic changes and implications for future elections in Wales. The planned change to reduce the number of MPs from 650 to 600 has now obviously been rethought, but proportionally, that does not really make much difference in the reduction for Wales. If we have 600 MPs, there is a planned reduction of around 12 seats. In the new plan to stay at 650, Wales’ seats will drop by eight. Either way, the proportional representation of Wales in the Commons will be around the 5% mark. That is obviously of concern.
Wales is the biggest loser here. At the same time, it is also worth bearing in mind that, in pretty much any set-up, Wales will always be, proportionally, a very small part of the representation in the Commons. It might also be important to consider things such as really strengthening intergovernmental relations between the devolved Administrations and Westminster going forward.
On whether I outrightly support the Bill or disapprove of it, that is slightly more complicated. I will leave my answer at that, if that is okay.
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Dr Larner: That is a very important question, and particularly relevant where I am from, for example, in south Wales. People talk about the valleys as one block, but I can assure you that people from one valley to the next, no matter how small, consider themselves quite different. There is the importance of people feeling that their community is being represented, without being interfered with by what they might see as people from other, different communities.
There is also the important uniqueness of Wales’s being particularly rural in its population. Given the tolerance at the moment, doing some quick maths, at the lower bound of what is being suggested at the moment— around the 69,000 voter mark—depending on which data source you use, there are only either two or four constituencies in Wales larger than that lower bound. That would necessitate really big boundary changes, and we know from some of our research that people like do not like the idea of constituencies being merged in different areas. It is really a balancing act in terms of how much importance you give to that kind of intuitive feeling of, “Oh no, I want boundaries to stay as they are,” versus the idea of fairness in the size of constituencies.
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Dr Larner: Don’t get me wrong, not everyone will feel like this, but there is a certain feeling that yes, the Rhymney valley is very different from the Rhondda. There is that kind of feeling—although, when confronted with anyone from north Wales, you are from the valleys, the whole thing. It changes depending on who you are talking to, of course.
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Dr Larner: Absolutely. There is a lot of very well-backed-up evidence in Wales that Welsh speakers, particularly fluent, first language Welsh speakers, tend to hold slightly different opinions on a whole range of ideas. They see themselves slightly differently from other people; they tend to identify not particularly as British, but more overwhelmingly as Welsh-only, whereas in more English-speaking areas there is more of a mix of Welsh and British identity. I would absolutely say that the ability to speak Welsh is a really important part of some people’s identity.
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Dr Larner: In terms of those who are interested in a solid Welsh representation in the Commons, I would not say that this Bill is particularly good news. On the other hand, if we took a hypothetical situation where the number of Welsh MPs was increased by 10, you would still be looking at a very small proportion of the total representation in the Commons.
Specifically with the Bill, it is tricky to see how that can be fixed. More broadly, if we want to take the nations approach seriously, we need to think about how we do devolution. We need to think about doing that properly in Wales, which has had what my colleague Ed Poole likes to call salami-sliced devolution, as opposed to Scotland. We need proper inter-governmental relations baked into Whitehall processes. Another idea commonly talked about is House of Lords reform. I know that is far beyond the scope of the Bill, but those are the things we need to think and talk about.
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Dr Rossiter: Yes.
Professor Pattie: Absolutely.
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Professor Pattie: I guess we can break that down into two constituent parts. One is whether we should have a principle of priority within the rules, as in the 2011 Act and in the Bill, with some notion of equalisation of electorates being the top criterion rather than the medium criterion, to avoid some of the confusion and tension of the earlier rules. To that extent—Dave may feel differently about this—I would certainly endorse the notion of having an equalisation rule as the top priority.
The second element of this is where to draw the tolerance. Should it be 5%, 1% or 10%? On that point, I think you have a rather more open debate on your hands. Dave referred, when introducing himself, to the work that we did for the McDougall Trust in 2014, looking at the process around the sixth review—the first under the 2011 legislation. In that work, we tried to estimate how much disruption different tolerances would cause in the system—how much breaking of ties and breaking up of existing seats there would be. Inevitably, there will be quite a lot, both in the first review under the new rules and in any subsequent revision. However, on our estimates, if you set the tolerance at around 7%, 8% or 9%, disruption is reduced, and you do a better job of maintaining existing ties and links.
Yes, equalisation is important, but the question is what tolerance you should work to, and how wide you set that tolerance. Our estimates suggested that 8% starts to get you into the compromise zone and makes life a bit easier.
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Dr Rossiter: Yes. I am afraid that it is probably a rather technical point, but it is quite important, in terms of the effect that the rules will have on future reviews. The 2011 Act created the UK quota and laid down the rules for allocations to countries and regions, but if we look at registration statistics over the last 20 years, we can see how those national and regional entitlements vary over time. We know that in an average eight-year period, we would be likely to see about eight changes to either national or English regional entitlements—that is between each pair of reviews. With a fixed Parliament size, that would necessarily mean that four new seats would be created in the UK and four abolished.
In the case of an abolished seat, you will have to redistribute 60-odd thousand electors to neighbouring constituencies. That in itself will take most, if not all, of those neighbours over quota. Any seat over quota will need to lose one or more wards to compensate for the addition. The process continues in this way, much like ripples on a pond, until all seats are within the 5% tolerance. Several of the affected seats will need to become participants in the process, even though they were within quota; they act merely as transit stations.
You can think of the scale of the impact of this process, which is required by the 2011 rules, as inversely proportional to the level of tolerance. As a rule of thumb, which is always useful in such circumstances, dividing 100 by the level of tolerance give you a rough idea of the number of seats that will be affected. By contrast, under the previous rules, which allowed the commissions far more discretion, the process would affect just a handful of seats and would typically be contained within a county. In the fifth review, Cornwall gained a seat, but that had no knock-on effect whatever on Devon. That is simply not possible under the current rules.
If we assume eight changes of entitlement in eight years, and if we take the existing 5% tolerance, the rule of thumb would suggest that, every eight years, 160 seats will require significant and often major change. To that has to be added the 100-plus other seats that have drifted outside what is a much tighter quota than has ever existed before. This is something that I have not heard mentioned as part of what the 2011 Act effectively ensured. The critical point to take away is that the interplay of the rules with such a tight tolerance will effectively guarantee a major redrawing of constituency boundaries at every subsequent review.
Q
Dr Rossiter: Back in 1998, we wrote a proposed new set of rules that would have achieved what I think would have been a rather better way to work—I would say that, wouldn’t I? We felt at the time that the differences between national quotas, and the discrepancies between constituencies across England, were too large. We suggested that a new set of rules could say, “Yes, we’ll have a UK-wide quota, and we will have a target size for Parliament of whatever number of seats you wish.” It is 650 in the present case. We then said that a commission should be restricted to no more than 10% variance around the UK-wide quota, but that it should aim to get constituencies as near to that quota as was practical. That would give commissions the extra latitude that they would need to avoid many of the difficulties that were so evident in the 2013 and 2018 exercises.
At the same time, we would make it clear that electoral equality is a very important thing to aim for, and it should be the goal in all circumstances. I believe that having a degree of flexibility is extremely important, and I fear that not having it will inevitably cause consequences further down the line.
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Professor Pattie: One of the areas that I was quite pleased to see in the Bill was a re-examination of how the inquiry and hearings are held, because that is problematic.
However, there is still a bit of a challenge for the public hearing process, because the areas in which those hearings now operate are just so incredibly large. There was some discussion earlier in your deliberations about ways in which the process might be improved to allow greater flexibility in local discussion. But you must remember that you are talking about entire regions, and about entire countries in Scotland and Wales, and people can turn up at a hearing in one corner of the region or country to talk about a seat in quite another part, and the chances of having a meaningful conversation about those proposals are remarkably small.
I am not sure that I have a clever proposal for you, but I think that is something to worry about; the extent to which those hearings really produce helpful information in all bar a few cases would be a concern that I have. I cannot suggest a fix for you, but if you want to look at something, that is another area that it is worth just having a bit more thought given to it.
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Professor Pattie: Big is the very short answer. This is liable to be one of the most disruptive reviews that we have seen for quite some time. As Dave mentioned earlier, on our estimates you are looking at major disruption again, and again, and again, into the future, especially if you hang on to that 5% tolerance. So, this will be big. Further reviews will also be big, so this will become a feature of the system going forward.
Dr Rossiter: If I can just add to what Charles has said, when we did our 2014 exercise we estimated that approximately half of seats would experience major change at this first review, but we based that on 2010 data, because that was the data that was available at that time. So, we were looking at rectifying changes that had taken place over 10 years, plus the change to the rules. We will now be looking at an exercise that has to rectify the changes over 20 years and I think that we will be looking at something like two thirds to three quarters of seats experiencing very significant change at this coming review.
Contrary to what I think are some of the optimistic views that were expressed earlier in proceedings, I see little chance of county boundaries remaining intact in large parts of the country. I think that most county and unitary authority boundaries will need to be breached. I also think that many more constituencies will be split across local authorities, and vice versa, and many more seats will have orphan wards in them.
Again, looking at this in an historical context, there have not been that many reviews that have had to deal with 20 years of changes, so it is probably not too helpful to concentrate on the disruption this time round; it was always going to be like this. I think that what is much more worthy of consideration in terms of legislation is realising the longer-term implications of it, because the danger is that if these changes are not realised, you only have to go back to the 1954-55 debates in Parliament, when MPs suddenly realised what had happened in the previous legislation and said, “We do not want our constituencies changed on this basis. Why are we having all this change?” Four years later, legislation was introduced to reduce the need to change to meet an arithmetical standard. My fear, obviously, is that that will be repeated.