Elections Bill (Ninth sitting)

Debate between Cat Smith and Alec Shelbrooke

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Kemi Badenoch]

Yes, I have just referred to that. However, within the UK, there are many who do not pay tax who can still vote. That is my point: the principle is not used universally at the moment. Many of the people who they are claiming do not pay tax actually quite often do. A classic example is full-time students, who do not pay tax but are allowed to vote.

The hon. Member for Lancaster and Fleetwood asked whether the Government have an indication of how many people we are talking about enfranchising. I do not have that information at my fingertips, but I can write to her on that specific point.

On the funding of electoral registration officers, the new burdens doctrine applies. We will not ask people to do things for which they do not have the resources.

The House has debated votes for 16 and 17-year-olds exhaustively. The fact is that 16 and 17-year-olds will eventually get the right to vote. The clause is a completely different issue, and we should not muddle them up. Based on those answers, I hope the hon. Lady feels we have had a sufficient debate and agrees to withdraw her probing amendment. We can have discussions on what else we can do to tighten up the franchise.

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

It is a pleasure to serve under your chairmanship, Ms Ali. I was not going to comment on the amendment. However, while I have great regard for the shadow Minister, as she knows, I was disappointed in the route her speech went down by trying to make the issue about political donations. There is a system in this country for how our political parties are funded, and it is a cheap kick-around to try to say that our system is being corrupted. Donations to the Conservative party are declared through the official lines. Some of the examples the hon. Lady gave would still be eligible to make donations under existing legislation.

I make that point because this clause offered the possibility for some probing amendments to try to expand this issue, because it does need a great deal of thought. I am disappointed because the amendment is perhaps not clean enough to go down that road. However, I think that we are doing all of us in this House a disservice when we try to link a political issue to extending the franchise and the reasons behind that.

The Committee may recall that my right hon. Friend the Member for North Thanet (Sir Roger Gale) gave the example of Harry Shindler and that question is the driving force behind why he feels, despite being a Labour party member, that it is important to try to extend the franchise. Within the thinking—I say this as a former vice-chairman of the Conservative party, the international chairman of the Conservative party—at no time in any of the discussions about the idea was it linked to trying to bring in further funding from abroad.

We can get into a real political knockabout on political funding. We can talk about union funding; we can talk about the lack of tax returns from Unite the union. We can have that knockabout. What I have found over the years is that, yes, political funding can be a problematic thing, and it can be kicked about, but it is still a better position to have it than to have state funding for political parties, whereby people have their taxation used to fund a whole bunch of political parties whose political beliefs are nowhere near their own.

When we probe the clause, I make the plea that we should move away from trying to make out that there is some kind of corruption behind it, and stick to the arguments that many have made over a great period of time. I am sure that there are varying views in my party, even though there was a very clean line in the manifesto on this issue, about how things should go ahead and the implications, including about somebody who has basically absented themselves from this country for a long time—these are issues that are to be debated.

I put on the record my disappointment about how the amendment has been drafted and that it has been brought down to an issue that I do not think does anybody in this House a service—that is, when we try to paint the picture that there is something corrupt underlying legislation. My plea to the shadow Minister, when she sums up, is that she speak more to the amendments, because I am genuinely interested in them, although I do not think they are quite clean enough. My plea would be that we should please not bring this down to a level of, “This is just so you can expand your political funding”.

[Cat Smith]

I thank the right hon. Gentleman for his contribution. We always have very interesting to-ing and fro-ing in these Committees, as we both have a keen interest in elections and constitutional matters.

I will specifically address amendment 79. I am conscious not to stray too much into wider discussion of the clause, because we are debating the amendment. I am quite pleased with some of the reactions to it from the Government Benches, in exploring the options—not all of them. It would have been nice to have had a little more pre-legislative scrutiny, and maybe a draft Bill, because I think there was common ground on some of these issues.

I am keen not to stray too much into discussing political donations right now, but I am aware that I did set out my broad response to clause 10 to put amendment 79 into context. There is one very easy way of clearing up the matter, which would be basically not to have political donations attached to it, because then of course there would not be a debate at all.

I very much welcome the Minister saying that there was nothing wrong with the suggestion by the hon. Member for Glasgow North that there might be some Government assessment of tax intake from the voters who are likely to be enfranchised by this legislation. I certainly look forward to seeing such an assessment and I also look forward to her writing to me with the estimated number of overseas electors that the Department feels are likely to be enfranchised by the changes that clause 10 makes.

In that spirit, I beg to ask leave to withdraw my amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

[Cat Smith]

I beg to move amendment 84, in clause 10, page 16, line 15, at end insert—

“1CA Closing date for electoral registration applications by overseas electors

(1) The Representation of the People (England and Wales) Regulations 2001 are amended in accordance with subsections (2) and (3).

(2) In regulation 56, after paragraph (7), insert—

‘(8) This regulation does not apply to applications by overseas electors.’

(3) After regulation 56 insert—

‘56A Closing date for electoral registration applications by overseas electors

(1) The provisions in this regulation relate to applications to vote by post or proxy by overseas electors in parliamentary elections.

(2) An application by an overseas elector under paragraph 3(6) or (7) of Schedule 4 shall be disregarded for the purposes of a particular parliamentary election and an application under paragraph 4(3) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eighteenth day before the date of the poll at that election.

(3) An application under paragraph 3(1) or (2), or 6(7) or 7(4) of Schedule 4 shall be disregarded for the purposes of a particular parliamentary election if it is received by the registration officer after 5 p.m. on the thirteenth day before the date of the poll at that election.

(4) An application under paragraph 4(1) or (2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the thirteenth day before the date of the poll at the election for which it is made.

(5) An application under paragraph 7(7) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eighteenth day before the date of the poll at the election for which it is made.

(6) An application under—

(a) paragraph 3(5)(a) of Schedule 4 by an elector to be removed from the record kept under paragraph 3(4) of that Schedule, or

(b) paragraph 7(9)(a) of Schedule 4 by a proxy to be removed from the record kept under paragraph 7(6) of that Schedule,

and a notice under paragraph 6(10) of that Schedule by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular parliamentary election if it is received by the registration officer after—

(i) 5 p.m. on the eighteenth day before the date of the poll at that election in the case of an application by an elector who is entitled to vote by post to be removed from the record kept under paragraph 3(4) of Schedule 4, and

(ii) 5 p.m. on the thirteenth day before the date of the poll at that election in any other case.

(7) In computing a period of days for the purposes of this regulation, the same rules shall apply as in regulation 56.’

(4) The Secretary of State must, by regulations, amend—

(a) the Representation of the People (Scotland) Regulations 2001, and

(b) the Representation of the People (Northern Ireland) Regulations

so that each closing date in Scotland and Northern Ireland for electoral registration applications by overseas electors moves back by seven days in keeping with the amendments made for England under subsections (2) and (3).”

This amendment pushes back the deadlines to register to vote for overseas voters by 1 week to allow electoral administrators more time to process applications.

Amendment 84 would push back the deadline for overseas electors to register to vote by one week, allowing electoral administrators more time to process applications. The timescale for registration deadlines does not work, as we heard in evidence, and the amendment seeks to improve that situation.

The single biggest concern I hear from overseas voters is that they do not receive their postal vote in time and so are not able to return it in time for their vote to count. Concern has already been raised with the Committee by the sector and more widely about the timescale for postal ballots for overseas voters to go out, which of course is not easy when postal systems globally are so varied. In many ways, there is currently simply insufficient time for an ERO to register and process overseas electors’ last-minute postal vote applications and to send them so that they can be returned in a timely manner. I seek a practical solution for this issue.

[Alec Shelbrooke]

This may purely be my misunderstanding of the amendment, so I stand to be corrected, but would the consequence of the amendment be to extend the election period beyond 25 days?

[Cat Smith]

I do not believe that it would; perhaps I have misunderstood the right hon. Gentleman’s intervention. The amendment would make overseas electors’ deadline to register as an elector in a constituency a week earlier than that for domestic voters so that EROs would be able to prioritise getting those postal votes out. In the evidence sessions, I was struck by what EROs were saying. An overseas elector currently has the same deadline to register to vote as a domestic voter. If EROs send a ballot paper to a postal voter in Lancaster who registered on the deadline day, we can be quite confident that our postal system is robust enough that the ballot paper could reach the voter and that the voter could return it. However, when it is going to the other side of the world, we know that they could not. Allowing that extra week would ensure that overseas voters’ votes are more likely to count when they cast their ballots, rather than so many, as currently, being disenfranchised because postal systems do not allow their ballot paper to get back in time.

[Alec Shelbrooke]

I understand the point that the hon. Lady is making. What I am unclear about is what happens if the registration deadline is moved further into the election. I am not sure where the hon. Lady is going, because she is talking about the time to return the mail, so we are talking about registration and then the ballot being sent out and coming back. Is there confidence in the timeframe for the ballot itself to come back, if we are talking about delays in the timeframe, or do we need to add more time to the overall short campaign as a consequence of the amendment? I could be entirely wrong on all of this, which is why I am probing the hon. Lady on the amendment.

[Cat Smith]

If I understand the right hon. Gentleman correctly, I think we have identified the same issue, and I am going to go out on a limb here and say that we probably agree it is a problem that so many of these electors’ ballots are not returned. My proposed solution—I would be very keen to hear solutions from any member of this Committee; I do not believe any one of us has a monopoly on knowledge or innovation—is that allowing EROs an extra week on the UK end, at the start of the process of issuing a postal ballot to an overseas elector, would increase the chances of many of these ballot papers being returned in time. I do not see the amendment as changing the electoral timetable for domestic voters or the wider election, which I think is what the right hon. Gentleman is asking.

I hope that the exchange that I and the right hon. Gentleman have just had has not confused the Committee too much. My intention is to give EROs the extra time that they will need to register overseas electors, which takes longer than registering a domestic elector. The aim is for them to be able to issue, post and have returned a postal voting form from overseas electors, thereby ensuring that fewer overseas electors are disenfranchised in future elections.

Elections Bill (Seventh sitting)

Debate between Cat Smith and Alec Shelbrooke

Committee stage
Tuesday 19th October 2021 Public Bill Committees

[Cat Smith]

I had not intended to give a speech, but I want to raise the point that when we look at international comparisons, it is important to find countries that reflect our country. The reason America is used as an example is that the United States does not have a national, free, state-issued ID card, unlike the Netherlands, which the right hon. Member for Elmet and Rothwell used as an example just now, where there is a state ID card, issued by the state, for free, to every citizen. Although he is indeed correct that America is on the other side of the Atlantic—I thank him for that geography lesson—it is used as an example because it has a similar policy around state ID cards.

[Alec Shelbrooke]

Will the hon. Lady give way?

Elections Bill (Fifth sitting)

Debate between Cat Smith and Alec Shelbrooke

Committee stage
Wednesday 22nd September 2021 Public Bill Committees

[Cat Smith]

Sorry, Sir Edward. We do get very lively when we are debating democracy and elections, and whether truths are told in referendum campaigns, but I will not stray into that territory with the hon. Member for Glasgow North.

Never in British history has an election been undermined due to mass fraud, so I find the idea of spending millions of pounds to fix a problem that barely exists to be an obscene use of taxpayers’ money. I would like to see the Minister strengthen our democratic integrity by encouraging voter participation. Millions of people in this country are missing from the electoral roll. Regardless of whether they have the right voter ID, we do not have a process in this country of automatic electoral registration. We know fine well who is entitled to vote. We know huge amounts of detail from Department for Work and Pensions and Driver and Vehicle Licensing Agency records, and we make no effort to use that information to bring in a system of automatic voter registration to ensure our electoral rolls are as accurate as possible so that people have no barriers to participating in democracy.

I love elections. I am a democrat and I absolutely think democracy is a brilliant system, but it pains me that millions of our fellow citizens are not registered correctly, and there is nothing in the Bill that makes it easier for that to be brought in any kind of automatic way or to use big Government data in other ways to encourage participation. There is nothing about how we could engage with groups with disproportionately lower voter turnout, such as young voters. There is nothing about investing in our young people or schools to encourage young people to take part in democracy. I am a big supporter of extending the franchise to 16 and 17-year-olds, but I will not stray too far into that because it is not part of clause 1.

There is so much that the Bill could have done to extend democracy and encourage more people to take part. Instead, it puts up expensive barriers that cost taxpayers money and make it harder for legitimate voters to participate in our elections. I feel disappointed because when the Elections Bill was mooted, I thought the Treasury Bench had finally heard my repeated calls about the Law Commission’s report about solidifying our election law into a single cohesive piece of legislation that could modernise our democracy for the 21st century.

Instead, we get a Bill that is basically an attempt at voter suppression. It comes straight from the Trumpian Republican playbook from the US. Republican states are requiring photo ID at polling stations because they know it makes it easier for them to win elections. There is nothing in the Bill that says how accessing that voter ID will work. If we look to the US, we see that in some Republican states a gun licence is okay, but a student ID is not. I wonder what the political motivation for things such as that are. I would argue that the types of ID included in clause 1 of the Bill are totally—

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

On a point of order, Sir Edward. Does the Bill relate to the American election system?

[The Chair]

No, but I have heard nothing yet from the hon. Lady that is out of order. However, she has made her point. You can make a point powerfully; you do not have to keep repeating it. But she is in order so far.

[Cat Smith]

Thank you, Sir Edward.

Millions of people cannot afford the privilege of carrying photo ID. Passports and driving licences cost money, so I would argue that this measure is a paywall to democracy. In all, 3.5 million citizens, which is 7.5% of the electorate, do not have access to any form of ID. Also, in the Windrush scandal we saw how members of some communities can struggle to provide official documentation and the severe consequences that that can have; that was backed up by evidence that this Committee heard from witnesses.

It is incredibly disappointing that the Government have continued to plough on with photo ID plans, seemingly turning a blind eye to the millions of people who they appear to be disenfranchising. The simple truth is that instead of holding water, the Government’s arguments in favour of photo ID contain more holes than a leaky sponge.

Today, we are considering clause 1, which—frankly—tarnishes our reputation as a leading democracy across the world. I make no apology for saying that it takes a leaf out of the Republican party playbook. So we will vote against it in the stand part debate.

[Alec Shelbrooke]

It is a pleasure to serve under your chairmanship, Sir Edward, and my—what a lively start we have got off to!

I intend to speak to the principle of the Bill, because we will come to amendments later. Despite my point of order, it is interesting that the American electoral system keeps being referred to, because it speaks to the wider issue of faith in elections. We have seen some disgraceful activity by the former President in America, which leads to an undermining of the basis of democracy.

There is no doubt that electoral fraud has taken place in this country, and I struggle to think of another crime that we would be willing to say we do not need to do anything about. I struggle to think of another crime where we say to the victims, “Well, it wasn’t many of you, so we’re not going to bother with it”. There is a very important principle about where we stand in this place.

Dissolution and Calling of Parliament Bill

Debate between Cat Smith and Alec Shelbrooke

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

[Cat Smith]

I agree. In fact, it is probably like dealing with a toddler: if we tell them not to do something, we know fine well that they will do it.

[Alec Shelbrooke]

I will not debate the points of politics with the hon. Lady. On her comments about using Parliament for Dissolution, we have had all of that. There are probably few Members of the public watching us in the Chamber tonight, but they certainly watched what happened in 2019. Surely when we have a Chamber in stalemate, the Government should be able to resign. She will recall how her then leader stood on Parliament Square to say that the Government should resign but then came in here and stopped them from resigning, which was incredible. Surely when Parliament is deadlocked, as it was then, the Government should be able to resign and that should just happen, not be stopped by Parliament.

[Chris Bryant]

They should do it today.

Elections Bill

Debate between Cat Smith and Alec Shelbrooke

2nd reading
Tuesday 7th September 2021 Commons Chamber

[Cat Smith]

The right hon. Member for Elmet and Rothwell (Alec Shelbrooke) has been trying to get in for some time; I will give way to him.

[Alec Shelbrooke]

I am most grateful to the hon. Lady; she is always extremely generous. Does she completely disregard the recommendations of the OSCE that identification at ballots is an important part of the security of the ballot? That is an internationally recommended part of the electoral process. Does she completely dismiss that recommendation?

[Cat Smith]

It is a pleasure to see the right hon. Member in his place, and it is always a pleasure to debate these issues with him in very many forums. The OSCE recommendations are designed to give broad brushstrokes around the global issues of democracy. It is true that some countries require ID at polling stations, but they are countries with a national ID card. We do not have a national ID card in this country. It is not part of our culture and I would certainly oppose it, were it proposed. In fact, I believe that the Prime Minister said that if he were ever asked to produce an ID card, he would eat it. I think there is probably consensus that we are not seeking a national ID card, which is why it is so surprising that this piece of legislation requires ID to exercise the basic fundamental human right of voting in a democratic country.

Dissolution and Calling of Parliament Bill

Debate between Cat Smith and Alec Shelbrooke

2nd reading
Tuesday 6th July 2021 Commons Chamber

[Cat Smith]

I will let other parties answer for their own actions. I certainly do not seek to speak for them. I think it would be a misinterpretation to say that the Act was purely for the purpose of holding the coalition together. I think that was a huge reason for support in certain parts of the then Government, but actually it was an idea that had been batted around in politics long before then. Indeed, I believe it had been a matter for various private Members’ Bills before the coalition Government came into office. It was certainly not an idea that was just thought up to hold the coalition together.

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

I look forward to sparring with the hon. Lady on another constitutional Bill. Just to come back to the point she made about trying to set the date of the last election, she may recall that, 24 hours before the one-line Bill was passed, the Fixed-term Parliaments Act failed again to cause the election. The one-line Bill was put through and the irony was that it was by a two-thirds vote of the House. That undermines the FTPA because it shows it was just being used to play games.

[Cat Smith]

It is a pleasure to see the right hon. Gentleman in his place and I, too, look forward to sparring with him again on constitutional matters. I do not disagree with that. I am certainly not stood here to mount a defence of the FTPA. I was outlining some ways in which I felt the Act did work, but I am also highlighting huge flaws in the Act. Indeed, there is a reason why, in the Labour manifesto of December 2019, we said we would repeal it. The point he raises about the Prime Minister being able to control the date of the election is a huge reason why the Act is flawed. However, I am arguing that the principle of having fixed terms in itself is not necessarily a bad principle; it is a very pro-democracy principle.

--- Later in debate ---

[Cat Smith]

If I may, I will make a little progress. I am conscious of time.

I want to say a few words about comparisons, because it is always important to compare this House and how we do things with other countries and other parts of the United Kingdom. It is about the principle of who has the power to decide when an election takes place, or whether it should be fixed.

The Opposition believe that the democratic position to take, as a starting principle, is that these things should be fixed. Indeed, that is already the case for the Scottish Parliament, the Senedd Cymru and the Northern Ireland Parliament, as well as for our local councils in England and English elected Mayors. We know, and the voters know, when those institutions and individuals will be up for re-election, when they can re-elect them to do their job or reject them if they disagree.

The only question mark lies over this House and when this House goes to the people and the country. We are out of step even within our United Kingdom. In most parliamentary democracies, Dissolution is controlled by the legislature, with varying degrees of involvement from the Executive. I would argue that is good for democracy and, of course, for planning legislation and passing the Government’s manifesto, which the people would have voted for. It helps civil servants to work and plan with politicians, and it helps our electoral administrators, who have frankly been put under an awful lot of pressure in recent years. It helps us as political campaigners to know when a long campaign spend will start, because if we know when an election is called, we know when the spending limits can start kicking in. It is also good, most importantly, for voters to know when they can either re-elect or reject a politician.

The UK has a strong tradition of parliamentary sovereignty, and I believe that Parliament should be central to any decision to dissolve.

[Alec Shelbrooke]

I just want to probe the hon. Lady’s point about when to hold elections. Is she saying that there could be a period of time when the Opposition would not want to fight an election?

[Cat Smith]

Of course, in most circumstances an Opposition will want to have an election. If the right hon. Gentleman is referring to the 2019 situation, that was not about not wanting to have an election; it was about not wanting a situation in which the Government could take the country out of the European Union with no deal. That was the sticking point, and that was the issue with the date. In most situations, an Opposition would always want an election. Indeed, I can say quite confidently that I would do a darn sight better job than the right hon. Member for Surrey Heath (Michael Gove), but he knows that.

Parliamentary Constituencies Bill (Seventh sitting)

Debate between Cat Smith and Alec Shelbrooke

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

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

It is a pleasure to serve under your chairmanship, Mr Paisley. I rise to support the arguments made by the hon. Member for Ceredigion about the ties that are the Welsh language. I do not think it is possible to overstate the fact that the Welsh language is a cornerstone of Welsh identity. Although in the past we have seen a decline in the Welsh language, that is now reversing with the Welsh Government’s target of 1 million Welsh speakers by 2050. The hon. Gentleman’s arguments may one day become quite irrelevant if Wales is entirely full of Welsh speakers.

We have previously referred to the Council of Europe’s Venice commission, which recommends that boundaries be drawn

“without detriment to national minorities”.

Welsh language speakers are a national minority who require protection within this legislation. Welsh language ties are an important part of identity, and I would like the Minister to provide some clarity about the use of the Welsh language as a factor in the commission’s decisions. Language is an indicator of local ties. Although I do not speak Welsh myself—dwi ddim yn gallu siarad Cymraeg—and my life is probably all the poorer for it, I recognise the importance of the Welsh language to the Welsh identity, as does the Labour party. I therefore congratulate the hon. Member for Ceredigion on having tabled this amendment.

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

It is a pleasure to serve under your chairmanship again, Mr Paisley. I congratulate the hon. Member for Ceredigion on having tabled this probing amendment, because our whole debate about clause 6 has emphasised the point about local ties and local communities. We must use this Committee to emphasise to the boundary commissions that although we do not necessarily need to legislate—the hon. Member for Ceredigion presented this amendment as a probing amendment, to spark that debate—we are discussing a very important section of this Bill, as I said last week, and it is incumbent on the boundary commissions to take notice of what has been said.

Rule 5 in the 1986 Act is exceptionally important. One can only draw on one’s local experience, so I come back to Leeds, because that is my area; it is where I live in Yorkshire, but there is a world of difference between inner Leeds and outer Leeds. The communities are very different. I have made reference to the long-serving previous Member for Leeds East, George Mudie, who was horrified at the thought of such different communities coming into an area that he had represented for so long. I hope that when the boundary commissions do the reviews, they take real notice of the debates about clause 6. Intelligent and sensible points have been made by Committee members on both sides of the Committee during this debate, which should act as the key guidance. Rather than us putting things on the face of the Bill, the commissions should consider the over-driving will and well-thought-out arguments in all the areas we have debated.

Again, I congratulate the hon. Gentleman on having tabled a thought-provoking and important probing amendment to this Bill, because it is important that we probe all of its aspects. Everything that has been said during this debate—even on the comical side, such as the hon. Member for Lancaster and Fleetwood, on the other side of the Pennines, and I joshing last week about the wars of the roses—shows the importance of local identities and how they are put together. That is a very important aspect, and I hope the boundary commissions will take notice of it when they are drawing up their first draft.

Parliamentary Constituencies Bill (Eighth sitting)

Debate between Cat Smith and Alec Shelbrooke

Committee stage & Committee Debate: 8th sitting: House of Commons
Tuesday 30th June 2020 Public Bill Committees

[Cat Smith]

My hon. Friend makes a good and articulate point with his own local geography. Indeed, if constituents are perhaps struggling to see the identity of the communities around them, that may lead to people feeling disconnected from what their local MP is doing, because they are not perceived to be a local MP. Constituents may feel that the MP represents a different area, because of the size of some of those constituencies.

My example, also from Wales, is the constituency of Aberavon. The previous boundary review, which was on the 5% variants, proposed to cut through the heart of Port Talbot, separating the town’s shopping centre from its high street and cutting the steel works off from the housing estate that was built for its workforce. I spoke to my hon. Friend the Member for Aberavon (Stephen Kinnock) just before we came into the Committee this afternoon. He recalled that when he told his constituents about what the commission had proposed for his community, they fell about laughing and struggled to believe that this was actually true. It was incomprehensible to them that this proposal to split their community down the middle would come from the boundary commission.

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

For my own clarity, was that on the 600 proposal?

[Cat Smith]

It was. Obviously, the proposals that come out of this boundary review will look different because of the 650 figure. The tight 5% quota, however, still gives the commissioners a great deal of trouble in trying to keep those communities together, to ensure that people can believe that the constituency they are in represents a community.

Parliamentary Constituencies Bill (Sixth sitting)

Debate between Cat Smith and Alec Shelbrooke

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

[Cat Smith]

I thank the honourable Yorkshireman for giving way. [Laughter.] On that point, the case has been made by Cornish people that they do not wish to see a seat cross the Cornish-Devon border; I think that view is clear and unanimous in Cornwall. I support Cornish people in that. As a Lancashire lass, I would be very disappointed to see a constituency drawn up that crossed into the white rose county from my red rose county.

[Alec Shelbrooke]

I am most grateful to the hon. Lady for that intervention. I have often said that if God had wanted Yorkshire and Lancashire to meet, he would not have put a huge lump of granite between us.

However, there is an important point here, namely that the arbitrary nature of local authority boundaries is a strange thing. In 1974, Leeds was the only authority that got bigger; all the other authorities got smaller but the Leeds metropolitan authority swept way out of what had been the Leeds City Council area and took in areas such as Pudsey, West Riding Council and all those areas.

My constituents generally do not consider themselves to be part of Leeds. However, I am a Leeds city MP, in a county constituency and a borough constituency, which gives some idea of how that is defined in the geography of election expenses. Equally, I remember a particular opponent in one of the elections who was trying to establish their credibility to stand in the area. They went to certain parts of my constituency waving the flag about what a strong Leeds Rhinos fan they were, in rugby league. I am not a rugby league fan, and am clear that I am not, but I do know that in the areas that said opponent was talking about being a Leeds Rhinos fan, the people were all Castleford Tigers fans, so I was quite pleased with that bit of electioneering.

Parliamentary Constituencies bill (Fourth sitting)

Debate between Cat Smith and Alec Shelbrooke

Committee stage & Committee Debate: 4th sitting: House of Commons
Tuesday 23rd June 2020 Public Bill Committees

[Cat Smith]

Q On registers and their accuracy and completeness, we know that no electoral register is either 100% accurate or 100% complete. Obviously, there is a discrepancy between the numbers in the December 2019 register and those in the March 2020 register. Can you say something about that? We have heard different figures, but the difference between the number of people on the December 2019 register, at the time of the general election, and the number on the March 2020 register may be in the hundreds of thousands. People will have fallen off the register between December and March, so could you explain why that might be? [Interruption.] Did you hear the end of my question, Peter? I was just finishing when the bell started.

Peter Stanyon: Yes, I did. Ironically, the most accurate register of electors is arguably the register that is published with the additions the month after a major poll. In the case of the December 2019 general election, applications were flooding in, but what happens over the elections process is that people are deleted from the register as a result of returned poll cards information coming through to registration officers. Ironically, it is usually the month after an election, when the updates are made, that we have the most accurate version of the register. You may well see drop-offs from the register because your processing-through information has been returned to registration officers as part of poll cards going out, postal votes for deceased electors being returned, and other such issues.

One of the huge things with regards to the 1 December register is that it is not the most accurate and complete register—any registration officer will tell you that. Since the introduction of individual elector registration, the canvass does not register people any longer; it identifies potential applicants. As a result, whereas prior to individual registration everything took place during the canvass period and the register was as complete as it could be on 1 December, now the canvassing process seeps into January, February and March as it runs towards the traditional May dates. You will see fluctuations in registers that mean that the snapshot taken in December is not necessarily the most complete or accurate register; it is more likely to be among the ones that you mentioned.

The register on 2 March, which is being proposed, would provide a more accurate figure than that provided by the register in December, simply because it has taken account of all the additions that were made through the canvass and that went through as part of rolling registration ahead of the general election, and then cleansed the register as a result of the information gleaned from both the canvass and the fall-out from the general election. I hope that answers your question. I am not sure whether I got everything covered there.

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

Q Peter, I wonder whether you can describe polling districts and polling stations in more detail. You took me slightly by surprise. You said that when you have constituency boundary changes, you then have to do a review of polling stations and polling districts. I am slightly unclear about what that means and why that is. Is it because you might have a split polling district, or is it just par for the course? Can you give us more detail on that part of your statement? How does it play into constituency changes?

Peter Stanyon: Yes, certainly. The legislative background is that a local authority must subdivide every constituency in its area into polling districts, and then designate a polling place for polling stations. If there are changes to boundaries within a local authority area, they might not replicate the situation that is currently in place, so there would need to be a review of the provision to ensure that the newly defined constituencies and the building blocks within them are still applicable to the electorate at that stage.

We have just come to the conclusion of the statutory period for polling district review. The next one is due during the period between 1 October 2023 and 31 January 2025, when every single local authority must do this job. If a significant change to constituency boundaries meant that it was sensible to make those changes, there would be an additional layer to be done. Those same polling district boundaries are generally used for local government elections as well. It is about trying to get all the different layers of boundaries together so that the elector is, generally speaking, always going to the same polling station. If there is a combined poll, it is about getting the ballot papers for them in that particular station.

--- Later in debate ---

[Cat Smith]

Q I think you would argue that the local government boundary reviews are done in a robust and fair way. That obviously decides the electoral wards for local government, but it is not the same process for polling districts. Do you have any concerns about the idea of using polling districts as a potential building block for parliamentary constituencies?

Andrew Scallan: No. The polling districts are a very useful tool. Our relationship is very different from the parliamentary process. We engage with the local authority, and, as you will know, a feature of our work is forecasting five years from the date of our final recommendations, which is not a feature of the parliamentary boundary commissions’ work. We engage very closely with local authorities and talk through the methodology for doing that forecasting, and the polling districts are a useful building block. When people come to us with proposals, they will often use the existing polling districts to shuffle around, either to create new wards or consolidate thoughts on what ward proposals should be.

Polling districts can change—I know Peter Stanyon was explaining to you the process—but for us it is very rare that we have a change of polling district during our review process. Once we have come up with our new wards, there is the need for new polling districts to be created.

[Alec Shelbrooke]

Q Before I move on to other things, what causes a polling district change? I think you have touched on some areas. What governs your construction of a ward? Why do you do your ward reviews, and what are you looking at when you construct new ward boundaries?

Andrew Scallan: From my previous life, the reasons for changing polling districts vary a lot. Sometimes councils take a policy that they do not want schools to be used for polling districts, which then requires other public buildings or even locations for temporary buildings to be thought through.

In terms of what goes through our mind, the legislation is clear that we can carry out a range of reviews. Some are periodic, and those are the ones where we try to go around the country, bearing in mind the number of authorities that we deal with. We also include two-tier county councils, which do not feature in the stats that the parliamentary boundary commission will use, but they are nevertheless a feature of our workload. We have periodic reviews, we have those that can be asked for by Ministers, and local authorities can sometimes request a review because they have chosen, for example—perhaps as part of an election manifesto—to reduce the size of the council. We will go in and start the review process, which for us has a series of starting points.

First, what will the council size be? Unlike with the parliamentary boundary commissions, that is a local discussion that takes place, during which we invite local authorities to think about what their governance arrangements should be. A figure is then arrived at, and we use that to divide the forecast electorate to work out what the average number of electors per councillor should be. That sets the ball rolling.

The other features involved will be whether a local authority has one, two or three-member wards, or a mixture of those. In the starting of our process, we invite local authorities and others to put in their suggestions about what the warding arrangements might be using those divisors, because we cannot claim to know every local authority in detail. We invite wide representation for local authority-wide schemes, but also from residents’ groups and community groups, who are only concerned about their own particular patch within their local authority.

Parliamentary Constituencies Bill

Debate between Cat Smith and Alec Shelbrooke

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

[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.