Dissolution and Calling of Parliament Bill

Debate between Cat Smith and Lloyd Russell-Moyle

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

[Cat Smith]

The Bill does two things: it repeals the Fixed-term Parliaments Act; and reinstates—or attempts to reinstate—the status quo that existed before 2011. The Labour party supports the repeal of the Fixed-term Parliaments Act, which we committed to in our 2019 manifesto, because the Act undermined motions of no-confidence and removed conventions around confidence motions. The concept of fixed terms, however, is not a bad one, and we should not throw the baby out with the bathwater here. When the Act was introduced, the then Prime Minister was clear that it transferred power away from the Prime Minister and to Parliament. By virtue of that, the Bill is clearly a power grab by a Prime Minister who thinks that one rule applies to him and the rest of us can just wish for it.

New clause 2, tabled by my hon. Friend the Member for Rhondda (Chris Bryant), would make Dissolution subject to a vote in the House of Commons. At the heart of the new clause is the question whether a Government should have the power to decide when an election takes place or whether elections should be fixed. The democratic position to take is that terms should be fixed. Indeed, that is what happens in our local councils in England and in the Parliaments in Scotland and Wales. In fact, in most parliamentary democracies, Dissolution is controlled by the legislature with varying degrees of involvement from the Executive.

In the UK, with our strong tradition of parliamentary sovereignty, Parliament should be central to any decision to dissolve, for three main reasons. First, there is the electoral advantage. If only the Prime Minister knows when an election will be held, only the Prime Minister will know when spending limits kick in. That plays to the advantage of the incumbent political party. It is also possible to bury bad news by calling an election before such news hits. If, for instance, there was to be an inquiry on covid and they felt that would be bad news for them, they could choose to go early to avoid negative headlines. Secondly, a vote in Parliament for Dissolution would remove any possibility of dragging the Crown into the politics of the decision. I am sure no Members of the House would like to see Her Majesty dragged into that. Thirdly, it would render the Bill’s ouster clause unnecessary, whether that clause is effective or not. The easiest way to keep the courts out of Dissolution decisions is to leave Dissolution in Parliament’s hands. It is impossible to imagine the crack through which the courts could intervene in a duly recorded decision of the House of Commons on that matter.

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

Does my hon. Friend agree that the new clause is a much more effective way of keeping the courts out? The ouster clause is a bit like a red flag or saying to someone, “Don’t think of an elephant”—they will think of an elephant. It is saying to the courts, “You can’t touch this,” which would be a charter for clever lawyers and clever judges to start to think, “Where can we start to look at this?” rather than using the long-established, age-old way of deciding matters: a vote here in Parliament.

[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.

Parliamentary Constituencies Bill

Debate between Cat Smith and Lloyd Russell-Moyle

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

[Cat Smith]

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

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

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

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

[Cat Smith]

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

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

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

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

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

Parliamentary Constituencies Bill

Debate between Cat Smith and Lloyd Russell-Moyle

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 (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.