Parliamentary Constituencies Bill

Cat Smith Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 14th July 2020 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to consider the following:

New clause 2—Allocation of constituencies—

‘(1) Rule 8 of Schedule 2 to the 1986 Act (the allocation method) is amended as follows.

(2) After rule 8(5) insert—

“(6) Notwithstanding the allocation of constituencies according to the allocation method set out in rule 8(2)(5), there must be a minimum allocation of constituencies as follows—

(a) Wales must be allocated at least 40 constituencies (including the protected constituency);

(b) Scotland must be allocated at least 59 constituencies (including the two protected constituencies);

(c) Northern Ireland must be allocated at least 18 constituencies; and

(d) the allocation of constituencies must be adjusted accordingly.”’

This new clause seeks to protect representation in the devolved nations by securing a minimum number of constituencies in each of the devolved nations.

New clause 3—Definition of “electorate”—

‘In rule 9(2) of Schedule 2 to the 1986 Act, for “whose names appear on the relevant version of a register of parliamentary electors” substitute “who are estimated by the Electoral Commission to be eligible to vote in an election, were they to register”’.

This new clause would change the definition of ‘electorate’ to include all potential electors, both those who are on an electoral roll and those who are not.

Amendment 1, page 2, line 19, leave out clause 2.

This amendment aims to maintain the status quo of parliamentary oversight within the boundary review process.

[Cat Smith]

It is a pleasure to speak again on the Bill, as it gives me the opportunity to put on the record the Labour party’s support for the boundary review in time for the next general election. I would like to start by thanking all the right hon. and hon. Members who served on the Bill Committee—in particular my hon. Friend the Member for City of Chester (Christian Matheson), who regrets that he cannot be with us this afternoon.

Our current constituencies were drawn up on electorate data that is now nearly two decades old; we cannot go into the next election with constituencies based on data that will, by then, be a quarter of a century out of date. Our country and our communities look very different, and the review will take into account new electors as well as significant demographic shifts. A review is urgently needed, and the Opposition do not stand in the way of that.

Throughout the Bill’s passage, we have worked constructively to improve it for the good of our democracy, and there have been areas of distinct improvement along the way. The size of the House of Commons has varied massively over the centuries. The largest Commons, in 1918, came in at 707 MPs—they really would have struggled with the social distancing measures we are adhering to. However, certainly in the last two centuries, we have not dropped below 615 MPs. Reducing the number of MPs while maintaining the size of the Executive was always an affront to democracy, and I welcome the Minister’s U-turn on that matter. Given our departure from the European Union and this Government’s chaotic handling of the current pandemic, it is clear that there will be plenty of work for 650 MPs.

We supported and welcomed the amendment in Committee to use the March 2020 register for the new boundary review. It is important that we use the most accurate snapshot of our country to draw up our electoral boundaries. The inclusion of Ynys Môn as a protected constituency is something that the Labour party has long campaigned for, although I was surprised to see the Minister support it in Committee, given her party’s previous firm opposition to it. But then I remembered that the Tories may have an alternative motivation for suddenly recognising the island’s unique status. I welcome that recognition all the same.

--- Later in debate ---

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

I have been listening intently to what the hon. Lady has been saying, and at the very beginning of her speech she lamented the fact that it has been so long since we implemented the recommendations of a boundary review. The explanatory note to amendment 1, to which she is now speaking, says that the amendment

“aims to maintain the status quo”.

Does what she said not prove that the status quo has not been working, hence why we have brought forward this Bill?

[Cat Smith]

Quite the opposite: I am arguing that under the status quo the only blockage to the passing of a boundary review has been the Government, and they would, under this Bill, still have the power to put up the same block as they have the past two times that a boundary review has failed to go through this House. It is worth noting that if it was not for parliamentary oversight, we would have a 600-seat Parliament today. Perhaps that is an example of parliamentary scrutiny at its best.

[John Spellar (Warley) (Lab)]

My hon. Friend is getting to the nub of the issue. The reason why the Government failed to put the past two boundary commission reviews to the House of Commons was that their stubbornness in sticking to 600 seats meant that they would not be carried. The fault lay with the Prime Minister rather than with the House of Commons. That is the real problem.

[Cat Smith]

My right hon. Friend made some thoughtful and interesting contributions in Committee and continues to do so on Report. The points he raised are entirely correct. The Government would do away with Parliament’s role in the process—a role that Parliament has always had. In short, the Bill removes the power from Parliament and hands it to the Executive. The Government’s justification for the change simply does not stack up. The Minister says that her Government are removing Parliament from the process to prevent delay and interference from MPs, but according to Professor Sir John Curtice—and who are we to challenge him?—delay and interference by the Executive will still be “perfectly possible”.

[Mrs Maria Miller (Basingstoke) (Con)]

I apologise for interrupting the shadow Minister’s train of thought, but she keeps repeating this “fact”, which is not a fact at all. The Bill actually takes away power from the Executive; it does not give the Executive more power, because it removes the reserve powers of Government to amend the boundaries. The hon. Lady needs to set the record straight; otherwise, she risks misinterpreting the Bill for a wider audience.

[Cat Smith]

I thank the right hon. Lady for her intervention, but I am afraid that I quite simply disagree. This Bill takes power away from the whole of Parliament and hands it to the Executive. After all, they are the ones who can table primary legislation and choose to bring forward or not to bring forward the report for a vote. The power has been in their hands, which is why we are in the mess that we are in today with boundaries that are 20 years out of date, and looking to be a quarter of a century out of date by the next election if we do not make progress with this Bill.

In her speech on Second Reading, the Minister stated that the removal of parliamentary oversight and approval would quicken the process, thereby avoiding wasting public time and money. If she is so concerned about wasting public time and money, why did she allow the commissioners to carry on with their sixth periodic review and then not bring it to Parliament for a vote?

New clause 1, which stands in my name and in the name of the Leader of the Opposition, is a pragmatic and constructive amendment. I very much hope that Members will consider supporting it. It seeks to alleviate the inevitable break-up of communities resulting from the too narrow 5% quota. While the commissioners should always aim to hit electoral quota, in some particularly challenging cases this new clause would allow them to have a greater flexibility of 7.5%. This 5% variance from electoral quota was first introduced at the sixth periodic review, and it was introduced alongside reducing the number of constituencies to 600. That is important because, at 600 constituencies, a 5% variance is approximately 4,000 electors either side of quota, but at 650 constituencies, which is what we have before us today, a 5% variance narrows and is approximately just 3,500 electors either side of quota, making it even more difficult to keep wards whole and communities together. The 5% variance needs to be adjusted in line with the number of constituencies. When we consider that the average urban ward in England is around 8,000 electors, we can appreciate the significance of needing at least 4,000 electors either side of quota to prevent the breaking up of wards and communities.

[Chris Elmore (Ogmore) (Lab)]

A further point about the need for this 7.5% is that it would particularly help seats in Wales, where the geography of seats, including my own, covers three or four valley communities. The extra flex would allow communities to stay together, especially where the physical geography means that people cannot travel from one valley to another without going up and down the other. These sorts of changes, therefore, really do make a difference in lots of rural and ex-industrial communities that have, shall we say, not-flat land masses.

[Cat Smith]

My hon. Friend makes a very good point about the particular geography in the Welsh valleys where the mountains prevent communities being drawn across those mountain ranges when there are issues with the transport links.

[Andrew Rosindell (Romford) (Con)]

The hon. Lady talks about keeping communities together and about breaking up wards. Why does it matter if a ward is broken up? Surely communities are created through small building blocks. By discarding this almost obsession the Boundary Commission has had with entire wards, huge changes could be avoided and communities could stay together. Will she not support the idea that smaller building blocks are the way to create better constituencies that are community based, rather than artificial communities based on entire wards?

[Cat Smith]

I would argue that the wards, which are obviously drawn by the Local Government Boundary Commission, do actually reflect communities to a great extent. If we are to go down the path of splitting wards, we will end up with the ridiculous situation, like we did at the previous review, where constituencies such as Port Talbot had a shopping centre in one constituency and the high street in another constituency. My new clause seeks to minimise the chances of such ridiculous situations occurring again. Under the current Bill, the Commission will struggle to respect the factors laid out in rule five, which, of course, Members will know, are the existing constituencies, local government boundaries, local ties and geography.

During the evidence sessions of this Bill, the secretariat for the Boundary Commission for England spoke about the difficulties caused by this small tolerance, which makes it

“much harder to have regard to the other factors…such as the importance of not breaking local ties, and having regard to local authority boundaries and features of natural geography.”

He said:

“Basically, the smaller you make the tolerance, the fewer options we have…The larger you make it, the more options we have and the more flexibility…to have regard to the other factors”.––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 7, Q3.]

So while the Government keep saying the boundary commissions will listen to the views of communities in the drawing of the boundaries, some communities will literally be wasting their time putting forward those arguments if the restrictive quota will mathematically prevent the commissioners from respecting their views and the community ties.

[Mike Wood (Dudley South) (Con)]

The hon. Lady raises the case of Port Talbot in a previous review. Does she not accept that this was actually one of the reasons why it should be easier for the boundary commissions to split wards, because the whole point of the Port Talbot proposals was that they have to come to those combinations because they are working with entire wards?

[Cat Smith]

I think in the case of Port Talbot it was the 5% quota that meant that that decision had to be reached. When we are talking about quotas, we know that internationally a larger quota is used and promoted as best practice for securing fair representation. Indeed, the Council of Europe’s Venice Commission’s code of good practice in electoral matters recommends allowing a standard permissible tolerance of an average of plus or minus 10%.

As the Minister knows, there is a consensus amongst respected experts such as David Rosser and Professor Charles Pattie who agree that the 5% rule causes significant disruption to community boundaries.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

We have heard from the other side a suggestion that we should use polling districts as the building blocks, not wards, but is there not a problem with deviating from wards? Wards are agreed by an independent commission, whereas polling districts are decided based on the location of the local church hall for use as the polling station. Surely we need independent commissions that create the building blocks of wards that then form the building blocks of constituencies. The only way to do that is with the 10% or 7.5% variance.

[Cat Smith]

My hon. Friend makes an important point about the legal standing of polling districts. Wards that are drawn up by the local government boundary commission have that independence in terms of the boundaries that they represent, whereas polling districts are for administration of elections done by local councils and, as he says, can be decided basically on their proximity to a church hall.

My hon. Friend the Member for Ogmore (Chris Elmore) mentioned Wales earlier, and this restrictive quota will disproportionately impact Wales. I know that many more Welsh colleagues will express their concern about the geographical challenges that the quota will throw up in Wales. With mountains and valleys dividing communities, the task of creating constituencies that make sense to those communities becomes extremely difficult.

I shall conclude by highlighting the fatal flaw in the Government’s arguments on the 5% quota. Throughout the Bill’s progress, the Minister has argued that a robust boundary review with a 5% quota will magically ensure that every vote carries the same weight. But the Government’s central argument turns on the ludicrous suggestion that the 5% quota will achieve parity of representation for all electors across the United Kingdom. On what planet does every vote count equally in this country? Leaving aside the fact that there are so-called safe seats, which effectively disenfranchise huge swathes of the population at every election, it simply is not true that every vote would count equally as a result of the Bill. At any given election, in the region of 9 million eligible voters are incorrectly registered and lose out on their chance to vote, and millions more will join them with the Government’s voter ID plan set to lock more people out of democracy simply for not having the right form of ID.

The new boundaries will not be based on the reality of the British electorate, with millions of eligible voters missing from the register, so can the Minister stop rolling out the line that somehow a 5% quota will revolutionise our electoral system and suddenly make every vote count equally? The truth is that she knows exactly what measures will make our electoral system more equal, because 11 months ago the Electoral Commission made clear recommendations, including encouraging the introduction of automatic voter registration. The Government still have not responded to those recommendations, meaning that the electoral register to be used as the basis for these boundaries is incomplete and patchy at best. When will the Government start to prioritise democratic engagement?

It is clear that the Government’s central argument about making every vote count falls at the first hurdle and that their secondary argument about the removal of Parliament’s role preventing delays to the process just does not hold water. As Professor Sir John Curtice pointed out, the Government can easily delay the process. The Labour party fundamentally rejects the Government’s attempt to end parliamentary approval for new constituency boundaries, and we ask that Members think hard and long about the impact of removing Parliament from the process. In its current form, this Bill is an insult to the House.

--- Later in debate ---

[Chloe Smith]

I agree with my right hon. Friend. He knows that the Conservative party and the Government are absolutely committed to strengthening our Union and we do not believe that that would be achieved through new clause 2, which would undermine in many ways what ought to be an equality in the assessment of the voices in the Union and an equality between citizens that can be enjoyed across the nation.

I absolutely recognise the wider debate about what our nations and our Union consist of, although the hon. Member for Glasgow East would love to have nothing more to do with that debate—he would love to be nowhere near here today, and that breaks my heart. As much as I may say that I would love to see the back of him, of course I would not. I cannot wait to spend even more time discussing exactly this point with him and with anybody else who would like to join me in the debate about how to strengthen our Union, how to maintain excellent intergovernmental relations, how to help our nations work best together and how to help people across the nation to be as prosperous as they can. But new clause 2 is not the place to do that.

I thank the hon. Member for North East Fife (Wendy Chamberlain) for tabling new clause 3. She was honest and sincere about what she is seeking to do with the amendment, which is to open up a valuable broader debate. I will talk a little about why the new clause would not quite do what is right, but let me say that the hon. Member’s instincts are admirable. We should all share the goal of being able to do the utmost for our constituents, whether they are registered to vote or not. Furthermore, we should all share the goal of wanting as many people on our electoral registers as possible. That is notwithstanding the fact that the Government believe that it is an important principle that our constituencies are based on the electoral registers.

On what we are doing to ensure that the registers are as accurate and complete as possible, the introduction of online registration has made it simpler and faster for people to register to vote; it takes as little as five minutes. This benefits everybody, including anybody who may previously have found it harder to make an application to register. We have developed a range of resources to promote engagement with our democracy and to encourage people to register to vote, all of which are available on gov.uk and are aimed widely—at registration officers, civil society groups, teachers and more.

We are also in the process of implementing changes to the annual canvass of all residential properties in Great Britain, which will improve its efficiency greatly and will allow officers to focus their efforts on those who they may traditionally have found harder to get to register. That is important for accuracy and completeness. Since the introduction of individual electoral registration, the registers in Great Britain are as complete and more accurate than before; that is an important base of the record.

I share the intentions of the hon. Member for North East Fife of wanting to see more people registered and to see us listening to all in our community, so let me turn to why new clause 3 would not necessarily work as well as might be wished. Its core problem is that it deals with estimates and moves away from facts. It asks the Electoral Commission to do a very large job of estimation when, in fact, we already have firm data that the process can be based on. It would be a huge and unnecessary task to set off, bringing further elements of risk and challenge to the work of the Boundary Commissions.

The work of the Boundary Commissions should be based on those who have registered as electors. That principle counts those who want to have their views represented in Parliament. That is what a Member of Parliament is for and that is what voting for Parliament is for. It is a good principle that that is the basis on which we work, and it is not new, having been the case since 1944.

We should encourage more people to register to vote. I think the new clause does a slightly different thing. I welcome the fact that the hon. Lady referred to it as a probing amendment, and I hope she will not press it to a Division. Before I move on, I welcome her support for our overseas voters. She will know that there is much work to do to enable more overseas voters to register The Government are committed, as I hope she is, to ending the injustice of the abrupt disenfranchisement that they face after 15 years overseas.

Finally, I cannot support the intention of amendment 1. The effect of clause 2, which amendment 1 would remove, is to bring much-needed certainty to the boundary review process. It gives confidence that the recommendations of the independent boundary commissions will be brought into effect without interference or delay. They develop their proposal through a robust process that lasts over a two to three-year period with extensive public consultation. Those impartial recommendations ought to be brought into effect promptly without any further wastage of public money and without any question of their independence. Clause 2 provides for that, and it does so by a very normal mechanism.

I just want to pick up one point that was made. The hon. Member for Lancaster and Fleetwood tried to go to town on the nature of an Order in Council. Let me break it to her, in case she is not aware, that the last Labour Government used more than 300 of them between 1997 and 2010. They are a normal constitutional legislative instrument. They should be recognised as being part of the status quo. She is either misreading the Bill or wilfully misrepresenting it—I do not know which. She did so in Committee, and she is doing so again today.

The Order in Council is not the villain that the hon. Lady makes it out to be, and nor is there an increase in powers in the Bill for the Executive. The opposite is the case. Countries such as Australia, Canada and New Zealand use similar approaches. A string of respected academics voiced their support for this change during Committee when giving evidence. Memorably, one in particular said:

“It is probably better that MPs set the terms of the exercise for the Boundary Commission behind a veil of ignorance…without knowing exactly what the particular outcomes would be for them as individual MPs.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 57, Q117.]

The Government believe that clause 2 is an important and principled change. It will ensure that expert recommendations are brought into effect independently with no further delay.

It provides a better outcome for people, and I urge the hon. Lady not to press the amendment to a Division.

[Cat Smith]

I did not think it was possible to have as much fun as we had in Committee, but this afternoon has perhaps run it quite close. Of course, there is no comparison between three hours and four days. I put on record my thanks to the members of the Committee who have also made contributions to today’s debate.

The Labour party supports the democratic principles of the boundary review. We recognise that this review is urgently needed, given the out-of-date boundaries we currently have. The idea of constituencies being of broadly equal size and the idea of constituencies also taking account of local community ties are not mutually exclusive, and I urge Members to support that amendment. Labour’s new clause would provide for the flexibility needed to create constituencies that communities can have confidence in and identify with.

Most critically, I encourage Members across the House to support amendment 1. The Government must not use the Bill to strengthen their own power at the expense of parliamentary power. It is an insult to this House, and it sets a dangerous precedent for future legislation.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Cat Smith]

I will keep my comments brief, as I covered the Labour party’s stance in my speech on Report. I put on the record that I am disappointed that the Government rejected the new clause and amendment that would have improved the Bill. The process of requiring MPs to vote on the final report from the commission is an important safety net, without which we would have just 600 MPs today.

We do not seek to delay the progress of the Bill. As I said in my opening remarks, we need new boundaries at the next election; the data on which our constituencies are built looks to be a quarter of a century old. We certainly hope their lordships will look again at clause 2, as we still have significant concerns about the Government’s approach to that matter.

With that, I draw my remarks to a close. I thank Committee members for their useful contributions and for how much fun I had taking the Bill through the House on behalf of the Opposition.