Parliamentary Constituencies bill (Second sitting)
Cat Smith ExcerptsThursday 18th June 2020
(4 years, 6 months ago)
Public Bill CommitteesRead Full debate Parliamentary Constituencies Act 2020 View all Parliamentary Constituencies Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Notices of Amendments as at 16 June 2020 - (17 Jun 2020)
The Chair
We will now make our way around the group leaders, unless I signal otherwise. If anyone else wishes to speak, just catch my eye.
Cat Smith (Lancaster and Fleetwood) (Lab)
Thank you, Roger, for coming to give evidence. Are there any specific circumstances in which electoral quota could be relaxed in order to avoid splitting an electoral ward? For example, even though the vast majority of seats were within the 5%, if in one or two very localised examples a 6% variance would prevent a ward splitting, would you find that preferable?
Roger Pratt: No, I would not: I think we have to stick to the quota. There are already exceptions in the Bill—four constituencies are clearly protected, Northern Ireland has special rules for the quota and there are rules about the area of a constituency, which in effect affects only northern Scotland. Those exceptions are in the Bill. Otherwise, it is right to have the 5% tolerance and, within the 5% tolerance, we can get constituencies that meet quota but also respect communities.
The best opportunity, as was said in the report by Mr Pattie and others, is split wards, which make a considerable difference. Splitting wards is the opportunity to make sure that constituencies are in the right place in terms of communities. I know you are to speak to Mr Pattie later—very sadly, Ron Johnston died recently—but, just so you know, in their report, they said:
“The Boundary Commissions for Northern Ireland, Scotland and Wales were prepared to split wards where they considered that sensible; the Boundary Commission for England was extremely reluctant to do so, and many of the problems that emerged in its recommendations resulted from this.”
They went on:
“With ward-splitting, it is possible to have substantially more unchanged constituencies—and, as a corollary, substantially fewer undergoing major change—especially with the tighter tolerances. The advantages are particularly pronounced at lower tolerances with 650 seats but, as the tolerance is relaxed, ward-splitting is needed in fewer areas”.
So I believe in ward splitting, rather than in relaxing the tolerance.
The 5% tolerance—10%, either way—is right. Otherwise, we could have one constituency that is 67,000 next to another that is 78,000, so ward splitting is right. There are those few exceptions in the Bill, as is correct.
Cat Smith
One of those exceptions would be the Isle of Wight, which looks set to get two MPs under the Bill. On current figures, that would come in at about 55,000 electors in each, which is about the size of many Welsh constituencies, in particular if we look at the Welsh valleys and their geography, where mountains divide communities. How do you explain the difference between those geographical features that make the Isle of Wight the exception but not necessarily the Welsh valleys?
Roger Pratt: The Welsh valleys—I actually live in one, so I have some experience of this—are totally different from the Isle of Wight. You suggested that the Isle of Wight had similarities with the Welsh valleys, but the Isle of Wight is an island without any direct link to the mainland; all the Welsh valleys have links to the rest of Wales, and so on. It is not sensible to link the Welsh valleys with the Isle of Wight.
The treatment of the Welsh valleys is absolutely right. Unfortunately, Wales will take a hit—one has to say that—but the position is that just before 2005, Scotland was required to reduce the number of seats to the English quota. They were required to use the English quota prior to 2005 with the Scottish Parliament. That was not required in Wales with the Welsh Assembly—Wales now has a Welsh Parliament—but unfortunately that means that Wales will take a hit.
However, I think it is right that my vote in Monmouthshire should equal a vote in another part of the country. Monmouthshire is one of the largest, but my doctor’s surgery is in Blaenau Gwent, one of the Welsh valleys to which you refer. Is it right that Blaenau Gwent has 50,736 electors whereas just over the Severn bridge in Bristol West, they have 99,253? I do not think that is right, and Wales will take a hit—there is no doubt about that. However, it is right that you have a standard quota throughout the United Kingdom. That is fair and that is equal.
Cat Smith
My final question. We have the representative of the Conservative and Unionist party before us, and you have acknowledged that Wales looks set to take a hit. It looks to be the most badly affected of all the nations of the United Kingdom in the review. What assessment do you make about the integrity of the Union in terms of the consequences of this boundary review and Welsh voices in this place?
Roger Pratt: I think the Union is intact. The whole of the Union will have the same quota. It is absolutely right that everywhere in the United Kingdom has a quota and so every person in the United Kingdom has the same representation. The difference in Scotland and Wales is that they have a Scottish Parliament and a Welsh Parliament. They still have equal representation in the UK Parliament, which I think is absolutely right, but clearly the Members for Glasgow East and Ceredigion do not have responsibility in this place for health and education, whereas all the other Members on the Committee do.
Scotland has a slight advantage over the rest of the United Kingdom, quite rightly in terms of the Western Isles and Orkney and Shetland. I fully support that. However, it means that—slightly—Scotland has an advantage over the rest of the United Kingdom because those are very small seats. I do not object to that in any way. The Union is intact because everybody’s vote counts equally whatever part of the United Kingdom they come from.
David Linden (Glasgow East) (SNP)
Q
Roger Pratt: Correct, yes. I am fully supportive of 650.
Chloe Smith
Q
Tom Adams: That is true, but if a Labour Government were proposing this Bill, there might be slightly different thresholds, for example, so clearly the Government still have quite a lot of influence over what is put in the Bill in terms of these boundaries, which obviously will persist for at least—possibly—two general elections. That is why I think it is right that it does come back to Parliament at the end.
Cat Smith
Q
Tom Adams: Broadly, yes, having a constituency that varies by 5.5% from the quota makes more sense than having a split ward or, indeed, an orphan ward added to a constituency, where you have one ward from a different local authority. I think that makes more sense from the perspective of maintaining community ties and having constituencies that the public understand and have trust in. It is a question of having some flexibility in specific areas. Obviously, some wards in the country are very, very large in terms of electors, particularly in the west midlands, where some wards in Birmingham have 20,000. That obviously makes it very hard, in those areas, to come up with arrangements, so having additional flexibility on the 5% figure would make that easier. The same applies to some bits of Wales, for example, where the geography obviously makes it much more challenging.
Cat Smith
Q
Tom Adams: Yes, I think wards should be the building blocks for this. Obviously, where a decision is taken to split a ward, if that is absolutely necessary, it should be along the existing polling district lines, but as you say, polling districts do not have a clear legal status. Councils can amend them, basically, as and when they want. There is not a clear process for how that happens in the same way as there is for how wards are done by the Local Government Boundary Commission. Polling districts are at the discretion of the councils, and although in some areas they are based on parishes, in many others they change quite frequently.
We saw, for example, in the general election some councils that created polling districts just for the purposes of helping them to administer the general election, and then they got rid of them afterwards again. Things like that make it very hard to have a consistent process that is based on using polling district boundaries. Using wards would be much preferable, and avoiding splitting where possible; and where that is necessary, that is when you can use the polling district boundaries to do that. I do not think polling districts should be the primary building block for this process.
Cat Smith
Q
Tom Adams: I very much welcome the move from December 2020 to March 2020. Obviously, the Minister will be aware that we have raised significant concerns about this, in the earlier engagement with political parties. We still have some concerns about the impact of people dropping off the register even between 12 December 2019 and March. Obviously that will be less significant compared with December 2020, but just in our rough estimations looking at it now, it does look likely that a few hundred thousand people will have dropped off the register in that time, because obviously there are areas where people move a lot and there is high turnover of population.
On 12 December there was a general election, so that register will be the most complete a register is going to be. To my mind, it makes sense to use that one, although obviously I strongly welcome the use of 2 March as compared with December 2020, when I think the impact on the annual canvass of coronavirus will have been quite significant. I think the 12 December one would be better: it will be more complete and a better representation of the actual electorates in these places. But 2 March is certainly preferred to December 2020.
David Linden
Q
Tom Adams: Obviously, the commissions did publish the numbers on this, but broadly, there is likely to be a loss of three seats for Scotland and a loss of eight seats for Wales. Obviously, that might change slightly, depending on exactly which register you use, but it is going to be in that region of change.
Chloe Smith
Thank you very much. I am happy to leave that line of questioning there and allow other colleagues to come in.
Cat Smith
Q
Dave McCobb: Thanks very much. Our primary concern is about the restrictiveness of the 5% threshold in terms of equalising the electorates in constituencies. There have been widespread reports of the degree of under-registration of electors in many parts of the country and of the number of people who are not correctly registered. Setting a very restrictive threshold at 5% reduces the commission’s flexibility to recognise that significant under-registration is likely in some parts of the country.
It also means that constituencies could be constructed incredibly arbitrarily. In the previous round of the review —the proposals that were ultimately never implemented— many constituencies were constructed that really bore no reference to identifiable communities with which people who lived there would identify. That impacted cities in England particularly, where, due to the size of local government wards, the number of wards that needed to be added together could not be done within local authority boundaries. So very arbitrary constituencies were constructed including chunks of some local authorities, and they really bore no reference to communities that people would identify with. That could be eliminated by having a higher threshold of 10%, for example. That would be the No. 1 concern about the proposals as they are currently outlined.
David Linden
Q
Dave McCobb: I have not personally, no. That would be done by a colleague who is not currently in work. In terms of the overall distribution of seats between the four nations, that is something that I would not want to comment on until we actually see the registered totals that will be published for the electoral register that will be used for this.
I would like to bring it back to the 5% threshold. When I have been involved in cross-party talks on this, colleagues from the SNP have rightly raised concerns that the 5% threshold would require the creation of some geographically enormous constituencies in the highlands of Scotland and potentially in other parts of rural England and Wales.
Anyone who knows otherwise may correct me if I am wrong, but someone once told me that the constituency of Brecon and Radnorshire is larger than Luxembourg. It would require a constituency that is already that geographically large—the same applies to parts of the highlands of Scotland, too—to be 25-30% bigger to meet the 5% threshold. That is likely to make it very difficult to represent or campaign in a constituency on that scale.
The Chair
Talk about getting your retaliation in last, there, Scott.
Scott Martin: I am sure Mr Linden will be invited to the celebration of his unemployment.
Cat Smith
Q
Scott Martin: I suppose our view on the integrity of the Union may be different from that of other political parties that are represented there. I suspect that it may be two rather than three seats that will be lost, with the current formulas. It rather depends, I think. The numbers we have so far do not include attainers. By my calculation, the percentage of attainers in Scotland is roughly 0.957%, whereas in England it is 0.644%. When the attainers are added in, it may be that Scotland will only lose two seats, rather than three. However, as people have identified, we will not know that until all the final figures are collated after March. I suspect the reason why there are more attainers in Scotland will be questions of life expectancy. Also, because we have voting at 16 in Scotland, it is likely that we manage to get more people on as attainers than other parts of the UK.
Cat Smith
Q
Scott Martin: I certainly think that work could be done on changing the variance, which is effectively half the gains I talked about as a permissible departure in relation to the Venice Commission “Code of Good Practice in Electoral Matters”. The question of wards is rather different in Scotland than in England. Parliamentary constituencies in Scotland are based on wards, with no ward splitting. Of course, before the 2007 Scottish Parliament and local government elections in Scotland, we moved to three or four-member wards. The consequence is that you cannot get sensible constituencies without splitting wards, particularly with the hard limit put in place as a result of the Fixed-term Parliaments Act 2011. It is a rather different situation in Scotland, for practical reasons, as a consequence of the size of wards we have.
David Linden
Q
I want to ask about parliamentary approval. You will note that in the Bill, Parliament’s approval role is being removed. Can you share your view on that?
Scott Martin: That is, in a sense, a highly political question. Do you want politicised districting—everyone has difficulty with that word—or independent districting? Do you want the model they have in the United States, where the word “gerrymander” comes from? The logic is that if you have an independent commission model, which we have had here since the commissions were put on a permanent footing, the ability for political interference is minimised. Automaticity, as it has been described, is a sensible approach to take on that—although clearly, as we have seen from a variety of reviews, including the last two, ultimately, if Parliament wants to stop a review, or wants to proceed or another basis, that can happen, but unless we move to having a written constitution, which I would obviously support, that is not something that we can legislate for.
Cat Smith
Q
Geraint Day: We do not believe that Wales should lose any MPs. The previous review, which would have reduced the number to 600, has in effect been scrapped, and the number has gone back to 650, yet Wales is losing Members of Parliament and England is gaining Members of Parliament. That seems like a strange place to be. It will appear very strange to the Welsh electorate when they look at this and say, “Where is the UK headed? Is it becoming more and more England-dominant?” We believe that would be incorrect, and that Wales should keep the same level of representation.
Cat Smith
Q
Geraint Day: Absolutely. The figure of 7.5% that has been suggested would help. I think it would still leave challenges, but it would certainly reduce the negative impact of the suggestion.
This is not just about the south Wales valleys, although it is interesting that in the last review, the first proposal from the Boundary Commission about the Rhondda constituency was to include part of Cynon Valley in it. To get there, you have to cross over the Rhigos mountain, which features heavily on winter travel reports on Radio Wales when the mountain road is closed because of bad weather. That is a common occurrence in Wales, due to its geography, and not just south Wales; it happens even more in the north, where you have the mountain ranges of Snowdonia and the Clwydian hills. They are big barriers to building constituencies, and taking a ward on the other side of a mountain away from its natural community has a big impact and is very unpopular with the local electorate.
A larger variance—7.5%, or something akin to it—would allow greater flexibility for the Boundary Commission. It must be said that the commission generally does a good job and is very open to other suggestions, but has its hands tied by the 5% rule. Giving it extra freedom to determine the best fit is a very sensible suggestion.
Ben Lake
Q
Geraint Day: The biggest difference in local ties between Wales and England is the Welsh language. A large percentage of Welsh language speakers are down the west coast, but they are also in some of the upland areas in north and south Wales. Local ties do not necessarily go down the same route as that. The Boundary Commission is looking at geographical ties—shopping centres, travel-to-work areas and those types of things—whereas at times the Welsh language communities do not fit into that local-tie element.
In the past, the Boundary Commission has made attempts to address this; where it has originally proposed splitting Welsh language communities, it has made efforts to put them back together. However, I suggest that it would be better to specifically state that in the Bill, rather than just lump it in with “local ties”. If you look at the Welsh Government’s planning process and the advice it gives to local government about local development plans, those plans are required to have a language impact assessment, a requirement that originates from the Welsh Language (Wales) Measure 2011. The way the Boundary Commission operates is perfectly bilingual and it deserves great praise for the way it operates. However, it is not required under the current local ties rule to specifically consider the impact on the Welsh language. I think that should be included as a specific item in the Bill.
Chloe Smith
I salute the crystal clarity of your thinking and the way you have put it to us. Thank you.
Cat Smith
My question is about devolution, which looks very different in different parts of the United Kingdom. It looks a certain way in Wales and, even within England, there are huge variations. To what extent do you think that the Senedd boundaries should be taken into consideration, as opposed to ward boundaries? What do you think makes the best building blocks for Welsh constituencies that truly represent the communities and keep the communities together, while obviously striving to have constituencies as equal as practically possible?
Professor Wyn Jones: Thank you for the question. One of the things we tend to focus on, especially in these kinds of conversations, is the relative number of MPs from each of the constituent nations, but I think it is important to point out that within Wales, the boundaries are now so out of date that we have very large differences in constituency sizes in Wales.
If you take Arfon at one end of the spectrum and Cardiff South and Penarth at the other, there are very large differences in terms of size. To the extent that the boundaries of the Senedd, or parts of the Senedd electoral system, remain tied to those of Westminster, having relatively equal constituency sizes for Westminster will probably make the Senedd electoral system a little bit fairer, too. We miss the fact that the differences within Wales are now very substantial indeed.
If you will permit me to widen the optic a bit, you are right to say that we have distinct dispensations for Scotland, Wales and Northern Ireland. They now look more alike than they did in 1999, but they are still different. England has an incredibly complex—I would say pathologically complex—internal devolution system. My view is that that should be separated out from the issue of representation in Westminster.
There is room, I think, for variation within the state, but in terms of representation in the House of Commons, it seems to make sense to have a kind of equality, not least because I have never heard a good justification for the level of variation that we have. As I said earlier, why should Wales have 6% of MPs when we have 5% of the population? Why not 8% or 10%? There is no obvious logic to the current system. Equality makes more sense.
Cat Smith
Q
Professor Wyn Jones: I think we all recognise that commissioners always have a terribly difficult job to do, because there will be particular communities that feel a sense of association with some communities and less so with others.
Assuming this legislation reaches the statute book, the challenge for the Welsh commissioners is particularly daunting, because Wales would see the biggest level of change. That will be an enormous challenge, and there will be communities in Wales that feel that the changes being imposed are unwelcome; there is no doubt about that. I am an Anglesey boy, an Ynys Môn boy—I can well foresee that people at home will be extremely unhappy. I am sure that there will be different valleys and different communities thinking, “Well, we don’t really have much in common with the people over the other side of the ridge”, and so on and so forth.
So the challenge will be substantial. I think that my predecessor on this call, Geraint Day, pointed to a recent example around Ceredigion, where people felt that the commissioners had got it wrong, and fair play to the commissioners—they went back and changed things in a way that was regarded as being more acceptable. And I have no doubt that there will be lots of that.
David Linden
Q
Professor Wyn Jones: I do not really have that level of insight into the minds of the people involved. All I would say is that I spoke to Conservative MPs in Wales about this—I spoke to many of them because, as you probably have guessed, my views about this issue are not always particularly popular among Welsh MPs, and several of them were very keen to put me right. But it was very clear from a very early point that the reduction from 650 was not politically viable and that the Conservatives would have real issues, in terms of whipping their own MPs to support it.
It was certainly made clear to me very early on that, in all likelihood, the last attempt at reform would fail and that we would be coming back to this issue, and that we would be coming back to it with 650 MPs as the aim. And the people who I spoke to at that time were correct.
Oral Answers to Questions
Cat Smith Excerpts(4 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Chloe Smith
Yes, that is exactly what they will do. That range in constituency sizes is unacceptable, and the Parliamentary Constituencies Bill will achieve not only updated but equal constituencies and fair votes. A vote cast in any part of Manchester should be just as good as one cast anywhere else in that city or the UK.
Cat Smith (Lancaster and Fleetwood) (Lab)
As a result of the Bill, England looks set to increase its number of constituencies at the expense of Scotland and Wales. What action are the Government taking to prevent the weakening of Scottish and Welsh voices in this place and to both strengthen and defend the Union?
Chloe Smith
There is an awful lot of action on those scores. The boundaries Bill does an important thing first—paying equal respect to all nations of our United Kingdom—because we on the Government side believe in the Union. We believe it is incredibly important, and we believe that people’s voices ought to be equal between and within the countries of our United Kingdom.
Cat Smith
It is interesting that the Minister talks about the importance of equality and ensuring that every vote counts equally when her Government is pushing a policy that could see some votes count more equally than others. In the light of the Windrush scandal, where we discovered that some communities find it harder to access proof of identification than others, in the days following the Black Lives Matter protests, and knowing that, for instance, 76% of the white population hold a driving licence compared with 52% of black people, if she really wants to ensure that every vote counts equally, will she ask herself: why continue with these discriminatory policies?
Chloe Smith
Because they are not discriminatory. The hon. Lady sees evils where they do not exist. Everyone on the Government side of the House, and I hope everyone in the House, agrees that black lives matter. She is wrong and has been wrong every time she has tried to run that argument about voter identification. It is a reasonable thing that many other countries do, and it will improve the security of our voting. The evidence shows there is no impact on any particular demographic group.
Parliamentary Constituencies Bill
Cat Smith ExcerptsTuesday 2nd June 2020
(4 years, 6 months ago)
Commons ChamberRead Full debate Parliamentary Constituencies Act 2020 View all Parliamentary Constituencies Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts
Cat Smith (Lancaster and Fleetwood) (Lab)
I beg to move an amendment, to leave out from “That” to the end of the Question and add:
“this House whilst supporting the retention of 650 parliamentary constituencies declines to give a Second Reading to the Parliamentary Constituencies Bill because the Bill would disproportionately and undemocratically concentrate power over constituency sizes and boundaries in the hands of the executive, because the Bill fails to create a more flexible electoral quota allowing greater consideration to be given to local ties and community connections when drawing constituency boundaries, and because the proposed numeration date for the boundary review of 1 December 2020 risks boundaries being based on an incomplete register owing to the impact of the covid-19 pandemic on the preparation of electoral registers.”
Every single one of us in the House today represents a constituency that has been drawn up based on the electorate data of nearly two decades ago. Twenty years ago, our country and our communities looked very different. Some of our communities have grown and others have seen population decline. Indeed, in that time, 2 million more electors have come on to the electoral roll and it is time we counted them when it comes to the constituencies we represent.
We hope that the review can be completed before the next general election and that there will be no further delay. After two shelved boundary reviews, the public will not want more taxpayers’ money to be wasted on a review that does not see the light of day. We need a boundary review, and the Opposition stand ready to work with the Government on that if it is fair and the rules are not inserted or omitted on the basis of any perceived political advantage for any party.
The Bill must proceed with the aim of delivering a fair and democratic review. We want the new boundaries to reflect the country as it is today and ensure that all communities get fair representation. Those boundaries must also take into consideration local ties and identities.
I welcome the Government’s decision to reverse their previous position of reducing the number of MPs to 600. As we have left the European Union and the work of the UK’s 73 MEPs falls to this House, it would have piled a heavier workload on to fewer shoulders. More importantly, it would have handed further power to the Executive, because reducing the number of MPs while refusing to cut the size of the Government payroll would create a dangerous level of Executive dominance at the expense of Parliament and our democracy.
Welcoming the return to proposing 650 MPs brings me to the last two wasted reviews on the 600 figure. With two abandoned reviews, we are in a farcical situation with boundaries. While Tory Ministers argued with their Back Benchers, public resources flooded down the drain. Millions of pounds of taxpayers’ money has been wasted. The unfinished 2013 review cost British taxpayers £7 million. It wasted the time and expertise of the boundary commissioners in working towards a target that was destined to be scrapped, and the 2018 review was equally wasteful. In a written question, the Government estimated the cost at £8 million. The Government have not provided a recent figure on that, but I have given the Minister the opportunity to do so by tabling a written parliamentary question asking just that.
However, one of the biggest concerns that the Opposition has about the Bill is the Government’s decision to end parliamentary oversight of the process. It is yet another attempt to diminish scrutiny over executive power. Parliamentary oversight is fundamental to the democratic passing of a Bill, and this Bill is no different. The Minister says that it is to stop MPs blocking new boundaries, but in the last Parliament it was her Government who never tabled that review for a vote, so we will never know the outcome of a vote that never took place.
The process of needing MPs to vote for the final report from the commission is an important safety net, because without it we would now have just 600 MPs here today. When the Government wanted to go back to 650, it was that safety net that allowed them to do so and make that happen, but removing parliamentary scrutiny is worrying for the future integrity of our democracy. This loophole allows a power grab, with no parliamentary backstop to limit the dominance of the Executive. The Government have not shown any regard for the primacy of Parliament. Indeed, the unlawful prorogation of Parliament is a case in point.
I note the remarks that the Minister made about the enumeration date in the Bill of December 2020. I am glad that she is looking at this, and I look forward to her update to the House, because after 20 years of delay, the boundaries must reflect the electorate with the best possible accuracy. I urge her to consider ditching the 1 December 2020 register in light of the unprecedented covid-19 crisis that we are currently living through. Our councils are working flat out to support our communities at the present time, and to ask them to undertake an annual canvass at a time of social distancing when they have stretched capacity risks that register being patchy at best. So I welcome the Minister’s remarks and put on record my thanks for the hard work that all our councils are doing in supporting some of our most vulnerable residents at this time.
Lloyd Russell-Moyle
Does my hon. Friend agree that there may be a case to always link the register to the last general election? We know that that is a credible register. Other crises might come up in the future, and the Government will always have to be changing, whereas if the register is always based on the last election we will know that it is based on a mandate that people have exercised.
Cat Smith
I thank my hon. Friend for that very sensible point. What he notes, of course, is that we see a spike in voter registration when we have a general or a local election. Of course, this year there are no elections because of the coronavirus crisis, but just six months ago we had a general election in this country and we know that the December 2019 register is incredibly accurate because we saw a spike in voter registration.
We are also aware that electoral registration officers are already expressing concern about the impacts that coronavirus will have on the December 2020 registers, and the prevailing opinion is that the annual canvass is likely to be impacted in some significant way. I urge the Minister to favour using the very recent general election data of December 2019. The Office for National Statistics released that data just last week, and we saw more than 1 million people register between December 2018 and December 2019, indicating that the December 2019 register is much more accurate than the December 2020 register will potentially be.
The fact that the data was published last week demonstrates the lag in collating that data. So if, for example, the Government were to continue to use the December 2020 register, commissioners would probably be waiting until May 2021 before they had collected that data from EROs and could get on with their work. Let us help the boundary commissioners begin their important work as soon as possible by using the data published last week, which we already have, relating to December 2019 and the general election.
Ian Paisley (North Antrim) (DUP)
Does the hon. Member accept that one of the key issues is to ensure that the electoral officers are properly sourced, supplied and located across the various constituencies? One of the problems in the last election was that because there had been a refurbishment and, indeed, a reduction in the number of election officers, there were errors in sending out people’s polling cards and some people did not know who in their household could vote. Does she agree that this is a good opportunity to ensure that electoral officers are properly supplied and in the right locations?
Cat Smith
I thank the hon. Member for giving me the opportunity to put on record my concerns about the overstretched nature of electoral returning officers in our councils right across the country. Cuts to local government have not protected electoral returning officers and the resources that they are working with.
Turning to the issue of the electoral quota, I know that Members across the House will want to highlight their concerns about the impact of this boundary review on communities in their constituencies. Community has never been stronger than during these troubling months. Right across the country, we are seeing communities come together to support vulnerable people, and now more than ever, community connections must be valued and respected. However, the restrictive 5% quota tolerance in the Bill flies in the face of protecting community ties. I know that many of my Welsh colleagues are planning to speak this afternoon, and they will highlight some of the geographical challenges the quota throws up—by which I mean mountains dividing constituencies. In Devon and Cornwall, the Government have repeatedly ignored the historic and proud identities of those counties. Boundaries based on strict numbers that ignore identities do not carry community support, as we have seen with the so-called Devonwall seats in the last review. Will the Minister ensure that there is no Devonwall seat in this Bill? I suspect that Cornish MPs might want to table an amendment to protect Cornish identity. If they were to do so, would the Minister back them?
As the Minister knows, there is consensus among respected experts such as Ron Johnston, David Rosser and Charles Pattie, who agree that the 5% rule causes significant disruption to community boundaries. Indeed, they concluded that the substantial disruption on the map of constituencies in the aborted sixth review was not entirely the result of the reduction of the number of MPs from 650 to 600; their report showed in detail that disruption was caused by the introduction of the uniform national quota and the 5% tolerance. I commend to the Minister the private Member’s Bill introduced by the hon. Member for Wellingborough (Mr Bone), which suggests a 7.5% quota. Communities across the UK will be more representative if a wider quota is introduced. Why is the Minister refusing to accept the evidence and introduce a quota that would be better for everyone?
John Penrose (Weston-super-Mare) (Con)
Is this not an example of the prayer of St Augustine—grant me chastity and continence, but just not yet? If we are going to do this, let us do it right and let us do it now. The hon. Lady is making an argument for perpetuating inequity.
Cat Smith
I completely dispute the hon. Member’s argument; that is absolutely not the case. I am very keen that the Government should be able to get on with this boundary review. I want new boundaries to be in place ahead of the next general election, because at the moment we stand in this House representing constituencies based on data that is two decades old. We should absolutely move on from the status quo, but I am saying that we should ask for a quota of 7.5%, because we could then keep community ties together and represent constituencies that actually look like the communities we stand here and claim to represent.
Alec Shelbrooke
The hon. Lady has come on to the 5%, rather than moving on from that, but the OSCE standard around the world states that there should be a variance of no more than 10% from constituency to constituency if there is to be a fair election. Would the hon. Lady like to develop her argument in relation to that international standard?
Cat Smith
The Opposition recognise the need for constituencies to be broadly as equal as possible, but anyone who stands up in this House and says that they truly believe that all constituencies should be equal should look at the data from December 2019. If we were to take that data on how the electorate looked and say that every constituency had to be exactly equal, every constituency would have to have an electorate of 72,613. Not 72,614 or 72,612—those figures would be outside the quota. There will always need to be a variance, and it is a question of striking a balance between having constituencies that are broadly equal and constituencies that represent their community ties.
Gareth Johnson (Dartford) (Con)
The amendment does not mention 7.5%. If that is Labour party policy, would it not lead to a situation where there could be two constituencies side by side with a 15% difference in their numbers, thereby totally undermining the argument that every vote should have equal weight?
Cat Smith
The 7.5% I drew attention to is in the private Member’s Bill promoted by the hon. Member for Wellingborough (Mr Bone), so if the hon. Member for Dartford (Gareth Johnson) wants to know where the figure comes from, I suggest he speaks to his hon. Friend.
I am conscious that you want to get all Back Benchers into this debate, Madam Deputy Speaker. There are many aspects of the Bill that make sense and that we welcome—for example, giving the boundary commissioners more flexibility to use local government and ward boundaries that are yet to come into force. We also welcome the move to hold reviews every eight years. The longer cycle will limit the disruption caused to parliamentary constituencies, potentially resulting in savings, but ensuring that MPs remain accountable to their constituents, so that we are not elected to this place and our constituents are never given a chance to hold us to account in a further election.
I look forward to hearing the contributions from all Members to this important debate. It is time for a democratic boundary review, and the Labour party will not stand in the way of that. However, the Bill must not strengthen the power of the Executive at the expense of Parliament. I hope the Minister will consider changing the numeration date, given the extraordinary circumstances of covid-19.
Census
Cat Smith Excerpts(4 years, 7 months ago)
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Cat Smith (Lancaster and Fleetwood) (Lab) [V]
It is a pleasure to speak for the Opposition Front Bench, supporting changes to make a more inclusive census that is fit for the 21st century.
The census is an important tool for taking a snapshot of the country as it is today, useful for Government planning now and precious to the historians of the future, who will use this vast record of how we live our lives. Perhaps the most telling way in which this is a 21st-century census is the ambition that the majority of respondents will complete the census online. For many, this will make completing the census easier and collating the data faster. However, I urge the Minister not to forget those who are still digitally excluded.
This legislation will introduce new voluntary questions about gender identity and sexual orientation, allowing as yet unknown numbers of lesbian, gay and bisexual citizens, as well as those who have transitioned their gender identity, the chance to be recognised in official statistics. This is a huge step forward for the lesbian, gay, bisexual and trans people of this country. It is not only symbolically important, but practically necessary. Information derived from the census helps to inform policy, plan services and distribute resources effectively to local government and health authorities. By building a clear picture of LGBT communities, resources can be targeted more effectively. I am proud of the progress that we are making on LGBT equality, which started under the previous Labour Government, by repealing the discriminatory section 28, introducing civil partnerships and equalising the age of consent. We are now seeing an LGBT-inclusive census for 2021.
Labour is proud to support the LGBT community, and our support has never wavered. Although this is not personally the Minister’s responsibility, I cannot give up the opportunity to remind her that we are still waiting for her Government to publish the results of their consultation on reform of the outdated Gender Recognition Act 2004. I am sure that the House and the LGBT community, who will be following the progress made on the census today, would really appreciate an update from the Government for their reason in delaying reform of that Act.
With regard to statistics, the LGBT community is currently a hidden population. Although we do not have accurate data about the size of the community, we do know that it has been hit hard by a decade of Tory austerity, preventing the development of truly specialist LGBT services, and we know that homophobic and transphobic hate crimes are on the rise. Since 2014, offences against gay, lesbian and bisexual people have doubled, while offences against trans people have trebled. This analysis was released after two women were attacked on a bus in London last year for refusing to kiss in front of a group of men. That is just one example of LGBT hate crime that was recorded.
The position of LGBT homeless people warrants particular attention in this discussion, not least given the shocking statistic that up to 24% of the youth homeless population are from the LGBT community. I pay tribute to the Albert Kennedy Trust for its continued work in this area, but the unprecedented rise in homelessness under this Government is a national shame. I ask the Minister whether, when the census data eventually exposes the size of this community, which has been neglected for so long, the Government will finally provide the specialist LGBT services that are so desperately needed, including support for those who are homeless?
The Labour party fully supports the inclusion of a new question about armed forces personnel and veterans in the census. This will ensure that charities, public bodies and service providers will be able to meet the needs of this community. It is right and proper that those who have stood up and served our country are recognised and supported when they return to civilian life. Referring back to my earlier points on homelessness, it is a scandal that so many veterans find themselves street homeless.
If minority groups are represented in the census, they will have a better chance of receiving the resources they need. That is why we warmly welcome the inclusion of the Roma community in the 2021 census. The Roma are among the most disadvantaged people in the country and have poorer outcomes in key areas such as health and education. The community has faced overt discrimination and abuse for generations. Data about this community will hopefully lead to better resource allocation.
Last year, the Women and Equalities Committee released an eye-opening report, making a damning critique of the progress made in addressing inequalities faced by Gypsy, Roma and Traveller communities. I challenge the Government to do more to improve the outcomes in education and health and to tackle discrimination and hate crime, as well as violence against women and girls. Today’s inclusion of Roma in the next census is an important step in that, but will the Minister say more about what she hopes the Government will do, or what she believes they have done, to develop a clear and effective plan to support Gypsy, Roma and Traveller communities?
I know that my hon. Friend the Member for Bedford (Mohammad Yasin), my right hon. Friend the Member for Warley (John Spellar) and my hon. Friend the Member for Warwick and Leamington (Matt Western) hope to speak in this debate about the issues raised by the Sikh communities that they represent in this place. They will express how their constituents want to see the campaign for the inclusion of a Sikh tick box in the ethnic identity question raised in our discussions this afternoon. There is no doubt that policy decisions have overlooked the Sikh community in our country. Up-to-date statistics are few and far between, but the UK Sikh survey in 2016 found that almost one in five Sikhs had encountered discrimination in public places over a year, with Sikhs who wear religious iconography or clothing most likely to experience abuse. The report stated that the Government had
“systematically failed the minority Sikh community by not adequately responding to the disproportionate impact of racism and hate crime targeting Sikhs since 9/11.”
A freedom of information request submitted by the Network of Sikh Organisations revealed that 28% of victims recorded under the Islamophobic hate crime category during 2015 were in fact non-Muslims. Indeed, in 2018 we saw a Sikh visitor to our Parliament racially attacked, with his turban ripped off while queuing for the security checks to enter Parliament. A lack of accurate data can mean that such anti-Sikh hate crimes are perhaps neglected, because many are inaccurately recorded. Indeed, evidence suggests that the census has historically underestimated the Sikh community in the UK. For example, Sikhs are believed to constitute just 1% of the London population, yet account for 5% of deaths among homeless men. Either the Sikh population is higher than estimated, or the Sikh community has been disproportionately affected by homelessness. That point is especially pertinent in the context of the disproportionate impact of the coronavirus pandemic on minority communities, including health and social care workers.
How does the Minister plan to address such inequalities while we lack the accurate data needed on the Sikh community? Does she recognise that the chronic statistical under-reporting of communities such as the Sikh community could allow discrimination to go unnoticed? Currently, only data collected under the ethnicity question in the census is used by public bodies for resource allocation and service planning decisions. We know that data collected under the optional question of religion would be more accurate in reflecting the Sikh community. The religion question should not be made compulsory, but what action could be taken to ensure that the census data collected on religion could be used by public bodies in the same way that data on ethnic groups is handled?
Lastly, will the Minister outline what action the Government are taking to ensure that the Sikh community does not remain statistically invisible to law and policy makers? It is clearer now more than ever that minority groups can no longer be left invisible to those responsible for making public policy decisions.
We do not want to see delay in the census, and we support the important changes in the legislation. I look forward to hearing the Minister’s responses in her closing remarks.
Madam Deputy Speaker (Dame Rosie Winterton)
I am now introducing a time limit of five minutes. I advise hon. Members who are speaking virtually to have a timing device visible.
Ministerial Code
Cat Smith Excerpts(4 years, 9 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Michael Gove
There are well-laid-out procedures for the role of Secretaries of State in the appointment of permanent secretaries. We have a superb cadre of permanent secretaries and senior civil servants, who I know will maintain the very high standards that characterise the work of our civil service.
Cat Smith (Lancaster and Fleetwood) (Lab)
Is it Government policy to comply with the rulings of the courts?
Oral Answers to Questions
Cat Smith Excerpts(4 years, 9 months ago)
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Chloe Smith
First, it is right to pay tribute to the contribution to this country that EU citizens make, have made and will continue to make in the future. As my right hon. Friend the Chancellor of the Duchy of Lancaster and other Ministers have set out, we welcome that contribution to the life of our nation, and we are making the settled status scheme available in order to further it. However, as far as we are aware, no other EU member state currently allows non-nationals to vote in national elections—besides Ireland, which has a long-standing bilateral agreement with the UK—so we think our approach is reasonable.
Cat Smith (Lancaster and Fleetwood) (Lab)
The Minister acknowledges the contribution that EU citizens have made here in Britain. Of course, during the transition, EU citizens currently have the right to vote and stand for election at local level. Many EU nationals are currently serving as local councillors up and down the country for all political parties. What commitment can she make that EU nationals who currently serve in local government as locally elected councillors will be able to complete their term of office? Can she give them any guidance on whether they will be able to seek re-election and whether the communities they serve will be able to re-elect them?
Chloe Smith
I am absolutely confident that the hon. Lady is a close reader of all parliamentary questions that are answered in this House, and she will know that we have already answered that question on the record. Those who are elected to office will be able to serve their full term, including those elected before 2020. As I say, I am repeating my answer to an earlier parliamentary questions so the House is clear that EU citizens will be able to vote and stand in the May elections.
Michael Gove
I thank my hon. Friend for asking that question. The truth is that our United Kingdom is proof positive that a union of nations is stronger together, and it is important that we ensure that the benefits of our Union are spread equally. That means making sure that public sector jobs are deployed effectively in Northern Ireland, Wales and Scotland. It also means that the strength of our Exchequer is the foundation that our economy provides for human flourishing across these islands. All these things are reflective of the strength of our Union, the single most successful political union and enterprise that anyone has seen on this earth, and that is why it is so important that we fight for it from Fermanagh to Forfar and to every part of England and Wales as well.
Cat Smith (Lancaster and Fleetwood) (Lab)
Why is the Secretary of State scared of 16 and 17-year-olds?
Michael Gove
As the father of a 16 and a 17-year-old, I can assure the hon. Lady that I am not in the least scared of them.
Draft Police and Crime Commissioner Elections (Amendment) Order 2020
Cat Smith Excerpts(4 years, 9 months ago)
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Cat Smith (Lancaster and Fleetwood) (Lab)
It is a pleasure to serve under your chairmanship, Sir Gary. Let me start, as I think I did the last time we scrutinised a similar instrument, by noting that this House of Commons is the most diverse yet in terms of gender, race and sexual orientation. I am sure the whole Committee welcomes that progress but also acknowledges that we have an awfully long way still to go—as, of course, does the Prime Minister, whose new Cabinet seems to have fewer women in it than his first and is two thirds privately educated.
It is clear that progress on the participation of disabled people in our political process has stalled. In fact, we may be going backwards. In the immediate aftermath of the 2019 general election, disability campaigners pointed out that there appear to be fewer disabled MPs than there were in the previous Parliament, with just five disabled MPs in this Parliament. We must be mindful, of course, that some MPs may have chosen not to make public their disability, but that is a concerning backward slide none the less.
We are here to consider the matter of encouraging the participation of disabled people in politics, and we must not lose sight of the bigger picture when discussing the merits of the draft order. Tracey Lazard of Inclusion London said:
“The lack of representation of our communities in parliament is shocking but not a surprise—it’s another symptom of our continued marginalisation and exclusion.
We begin to change this by removing the barriers and addressing the material factors that stop Deaf and disabled candidates”
participating in politics.
I am pleased to say that the draft order removes one barrier. Election expenses incurred and attributable to a candidate’s disability should never count towards their electoral spending limits. That is common sense, and the draft order, in applying to police and crime commissioner elections an exemption that already applies to the other elections the Minister set out, does the right thing. Disabled candidates should never be penalised simply because they have a disability.
However, I gently remind the Minister once more that the Electoral Commission continues to recommend that legislation—secondary as well as primary—should be clear at least six months ahead of an election at which it is intended to be complied with. The explanatory memorandum states:
“It is envisaged that the instrument will come into force…before the Police and Crime Commissioner elections in May 2020.”
That is, of course, just a few months—10 weeks—away. Although it is unlikely that the draft order will create significant reporting problems for disabled candidates, does the Minister acknowledge the good sense of the Electoral Commission’s recommendation that changes should be made clear at least six months in advance?
John Spellar
Although election day may be 10 weeks away, a considerable number of people in many parts of the country—particularly where there are high levels of postal votes—will receive their postal votes some three or four weeks earlier.
Cat Smith
My right hon. Friend is absolutely correct; I cannot argue with his logic at all. These elections are far sooner than many of us might think.
Legislation should be clear at least six months in advance, so this is clearly very late in the day to make changes. What conversations has the Minister had with the Electoral Commission regarding support for disabled candidates who claim the financial exemption provided for by the draft order?
While Labour Members are happy to support the draft order, we believe that there are many more barriers to remove before disabled people can participate equally in politics. I suspect the Minister knows what I am about to say—we have had this discussion before—but it is imperative to recognise the huge financial barriers that penalise disabled candidates. The support provided by the Government to mitigate that is completely insufficient, and we know why.
The Conservative Government’s decision to cancel the access to elected office fund was completely unjustified and severely damaging. The Government’s own evaluation highlighted the fund’s positive impact on disabled candidates, enabling many to stand for election, and noted that the Geneva-based Zero Project selected the fund as one of the top global innovative policies to support and encourage political participation by people with a disability. Despite that, the Government repeatedly refused to listen to disability campaigners who rightly called for the fund’s reinstatement, which the Labour party fully supports, as does the Equality and Human Rights Commission. The EHRC said:
“The UK Government should reopen the Access to Elected Office Fund in England, and work with the Scottish and Welsh Governments to explore options for making the scheme, or similar funds, available across Great Britain.”
Does the Minister agree that the access to elected office fund was a success, and that its abolition has weakened the support available to disabled candidates? Will she do the right thing and work with disability campaigners and the Scottish and Welsh Governments to reopen the fund? The current approach simply is not working. The funds recently provided by the Government to support disabled candidates have been inadequate. The EnAble fund for elected office, launched in 2018, was intended to support disabled people seeking election in the May 2019 local elections and the May 2020 police and crime commissioner elections, yet the fund ends in just over a month, on 31 March. It is not a long-term solution to the substantial under-representation of disabled people in public life, and there is considerable confusion among disability campaigners as to what Government support, if any, will be available after it ends.
Whatever happens, the Labour party will do all we can to support disabled candidates. However, in the absence of long-term Government support, many smaller and financially precarious parties will struggle to provide the necessary financial assistance, and the case against disabled people standing as independent candidates speaks for itself. The Government have in effect insisted that it is the responsibility of political parties to meet the disability-related costs of their candidates, and as a consequence many general election candidates were forced to pay those extra costs themselves.
When it comes to encouraging the participation of disabled people in politics, the Government cannot continue to offload the responsibility on to political parties alone. That will not lead to the progress that we so desperately need. I commend the Government for the draft order, which we support, but I implore them to restore the access to elected office fund and to provide proper support for disabled candidates, now and in the long term.
The Chair
Thank you. I have been quite lenient in allowing the hon. Lady to—very skilfully—go slightly wider than the draft order. However, I think it was relevant, and I am therefore quite happy for the Minister to touch on some of those wider issues.
Oral Answers to Questions
Cat Smith Excerpts(4 years, 10 months ago)
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Will Quince
I thank my right hon. Friend and recognise his huge expertise in this area. The Scottish Government, and indeed this Government, want to address these issues, and I am committed to working with my counterparts in the Scottish Government to tackle child poverty and poverty in all its forms.
Cat Smith (Lancaster and Fleetwood) (Lab)
Christian Matheson (City of Chester) (Lab)
The Secretary of State for Scotland (Mr Alister Jack)
My Department has regular engagement with colleagues in the Department for Business, Energy and Industrial Strategy on a range of issues relevant to Scotland, including the renewable energy sector.
Mr Jack
The hon. Lady is right; we have an advantage with that and with our wind speeds, mountains and hydro schemes. The Government are supporting technology. Wave and tidal technology is being investigated in universities, and we are completely behind that, should it prove to work.
Oral Answers to Questions
Cat Smith Excerpts(4 years, 10 months ago)
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Michael Gove
It was one of the joys of my previous job as Environment Secretary to visit farmers in North Devon. Theirs is some of the finest produce in the United Kingdom, and as we leave the European Union there will be an opportunity for us, on a global stage, to ensure that that Devonian produce reaches all the customers that it deserves to reach.
Cat Smith (Lancaster and Fleetwood) (Lab)
What plans have the Government to bring the House of Lords into the 21st century? If, as I suspect, the answer is none, may I remind the Chancellor of the Duchy of Lancaster that it was the House of Lancaster that won the Wars of the Roses, and may I suggest, if the Government are looking to relocate their lordships, that we have a fine mediaeval castle in the city of Lancaster which has recently been vacated by the Ministry of Justice?
Michael Gove
I yield to no one in my admiration for the Duchy of Lancaster. I recognise that as the Government decide where agencies of both Government and Parliament should go we should think fondly of the north-west as well as Yorkshire and the north-east, but I cannot help saying to the hon. Lady that when she talks about fratricidal conflict in mediaeval times, when people were putting each other to the sword, she reminds me of nothing so much as the deputy leadership contest of the Labour party.
Early Parliamentary General Election Bill
Cat Smith ExcerptsTuesday 29th October 2019
(5 years, 1 month ago)
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Cat Smith (Lancaster and Fleetwood) (Lab)
This Government are in complete disarray. After yesterday’s vote, we now have a Prime Minister who has suffered 10 embarrassing defeats in this House and two historic court rulings against him. He has shown his utter incompetence as Prime Minister.
The Prime Minister came to office promising to deliver Brexit by 31 October, accompanied with the usual sensationalist language about dying in a ditch that we have come to expect from him. It has been clear for some time that this was never a realistic proposition. Sadly, rather than accepting the reality, fronting up and admitting to making an irresponsible pledge, he chose simply to break his promise, costing the taxpayer over £100 million in advertising, not to mention the production and destruction of 10,000 commemorative 50p coins in the process—things are literally in meltdown.
To this day, the Prime Minister continues to try to deflect the blame for breaking his word on to anyone he can think of. I would call it the politics of the schoolyard but frankly at Parkview School we were better behaved than this, and I believe the vast majority of our children and young people would behave more honourably in similar circumstances.
It is clear that a general election is needed because this Government have lost the trust of our country, because we know the damage a no-deal Brexit will do to jobs and industries all across this country, and we cannot trust the Prime Minister to be true to his word. We have consistently said that we will support a general election once no deal is absolutely off the table, and when the date for the election can be fixed in law. We have now reached that point.
Cat Smith
I will not give way; time is very limited.
The purpose of a general election is to let the people decide the future of our country. It therefore must be conducted in a way that is accessible to as many people as possible. We will therefore be supporting amendments that achieve this.
Students should not be disenfranchised by an election date which will not allow them to vote at their term-time address. This is the address where they live for the majority of the year and where they rightly should be able to vote. That is why our preference is for an election on 9 December.
But we can do better than this. Let us seize this historic opportunity to extend the franchise to some of those most likely to be affected by the outcomes of the general election: 16 and 17-year-olds and EU nationals, who we already give votes to for all other elections anyway. We are now in the inconsistent and unsustainable position where 16 and 17-year-olds living in Wales and Scotland can vote in local elections, but their English and Northern Irish counterparts cannot. It is also fundamentally wrong that many millions of EU citizens who live in this country, have their families in this country and contribute to our country and are deeply affected by the developments in this Parliament are currently denied a vote in Westminster elections, and in the most important general election for a generation. We have accepted the argument that they are affected by the decisions taken at local government elections, which is why we give them the vote in those elections, and there is no sensible reason why they should be denied this right in general elections.
The next general election will be a defining moment for our country, as we have suffered almost a decade of relentless Tory cuts that have pushed our public services into crisis: the NHS is in crisis, local schools are starved of funding and adult social care is on its knees. We need change.
Labour will put forward the most radical, hopeful, people-focused programme in modern times: a once-in-a-generation chance to rebuild and transform our country. We will put control of Brexit back in the hands of the people, with a real choice between a sensible leave deal or remain. Labour is the only party that can and will let the people decide on Brexit. We will tackle the climate emergency with a green new deal, bringing net zero emissions targets forward and providing renewable industries with the investment and support they need, including banning fracking in the UK once and for all. It is time for change. Labour will end austerity and build an economy that works for all, with a real living wage, proper collective bargaining and four new bank holidays. I look forward to making these positive arguments to the country in the weeks ahead.