Elections Bill

Debate between Cat Smith and Nigel Evans

Report stage
Monday 17th January 2022 Commons Chamber

[Cat Smith]

I completely agree with my hon. Friend. This should have been a Bill to solidify and make our electoral laws more simple and straightforward, but it actually adds an extra layer of complexity.

Criminalising political protest through the Police, Crime, Sentencing and Courts Bill, removing the 15-year rule, which opens our democracy to foreign money, and gagging unions and charities from campaigning in elections while making it easier for foreign money to flood our political systems demonstrate a pattern of behaviour from this Government that is undermining democracy in this country.

I believe that the Minister is a good person, and that the previous Minister is a good person. When the previous Minister gave evidence to PACAC, she made it clear that she would not give political direction to the Electoral Commission, but she was not the Minister forever, and the Minister who sits here today will not be the Minister forever. The Conservatives will not be in government forever. We need to ensure that when we in this House legislate, we prepare for the worst-case scenario. If a fascist or far-right party got control, and we had set up structures that allowed it to ride roughshod over our democracy, could we honestly say that we had done a good job? I do not think so.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call John McDonnell. There will be no time limit, but he must resume his seat no later than 8.55.

Dissolution and Calling of Parliament Bill

Debate between Cat Smith and Nigel Evans

2nd reading
Tuesday 6th July 2021 Commons Chamber

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

With the leave of the House, I shall make some closing remarks on behalf of the Opposition. As the Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), is now at the Dispatch Box, let me begin by welcoming her back. I am sure she has heard all the comments made by colleagues this afternoon and hope she feels appreciated. I agree with what the right hon. Member for Basingstoke (Mrs Miller) said: it almost feels like the Minister has never been away. As her opposite number, I can say that she has never been more than a text message or Microsoft Teams call away. I know that it must have been quite challenging at times, but it is a credit to her, her strength and her strength of character that she has continued to do the job in the way she has through an incredibly challenging time personally. Now that she is back, she is not going to be easing her way back into it, because we have not only this chunky piece of legislation before us but the Elections Bill to come.

This is probably a good opportunity for me not only to welcome the new SNP spokesperson on election matters, the hon. Member for Argyll and Bute (Brendan O’Hara), who made an incredibly passionate speech, but to pay tribute to his predecessor, the hon. Member for Glasgow East (David Linden), who was a pleasure to work with and a fully signed up constitutional geek, unlike the hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie), apparently—he claims not to be but I am sure that we can convince him otherwise.

This was a very good debate and I wish to make a few comments about what was said. I referred just a moment ago to the hon. Member for Argyll and Bute, who made a strong case for the argument that this legislation is a huge power grab by the Executive. Indeed, I agree with him that clause 3 looks very much like the Government are still smarting from the 2019 court judgment on the Prorogation that never was. I reach out to my SNP colleague and suggest to those on the Government Benches that one way to solve the perceived problem that the Government have, and the reason for clause 3 being in the Bill, could be a parliamentary vote on Dissolution, which would pave a way forward.

Alongside many other Members, the right hon. Member for Scarborough and Whitby (Mr Goodwill) raised the issue of shortening the election period. Indeed, election periods have got much longer—although in the most recent election, of course, the days were much shorter. I urge all colleagues to listen to their local electoral administrators, because there are significant challenges in running elections for those who are behind the scenes, not just for us who are campaigning. One of the biggest challenges we have is the processing of electoral enrolments. I suggest to the Minister that we could look again—perhaps it could be included in the Elections Bill—at a process of automatic voter registration, which would include everybody who was entitled to vote on the electoral roll and save an awful lot of time. Perhaps that would give us the freedom to shorten the election period without putting additional pressure on electoral administrators.

My hon. Friend the Member for Rhondda (Chris Bryant) made many salient points in the debate, but ultimately he called for a level playing field, which is a concern that runs right across those of us have concerns about the Bill.

I have sparred with the right hon. Member for Elmet and Rothwell (Alec Shelbrooke) on many other constitutional and electoral matters over the years—it is always a pleasure—but I very much agreed with him when he was talking about the threats to democracy and democratic systems globally, including his point about the United States of America. However, I disagreed with his analysis of the 2017-19 Parliament, which was echoed by some of his colleagues. I think we are unfairly blaming the Fixed-term Parliaments Act as the sole cause of the difficulties that the Government had at that time. If I close my eyes and imagine that that Act was not in place in the 2017-19 Parliament, I do not see that the political path would have been much smoother for the Government, so it is unfair to blame solely that Act for the Prime Minister’s difficulties at that time. When we legislate, we should be careful not to base everything on recent political experience. Indeed, we are legislating for constitutional matters that should not only secure as broad a consensus as we can across the House but stand the test of time. We should not base everything on the specific and unique circumstances in that Parliament.

I thank the right hon. Member for Orkney and Shetland (Mr Carmichael) for reminding us that he is, of course, one of the remaining veterans of the coalition Government. He referred to the Fixed-term Parliaments Act as a “necessary modernisation” and I agree with him. That is certainly borne out as true if we look across similar parliamentary democracies across Europe and the western world; we would be out of step by reverting to the old way of doing things—indeed, to do so is arguably a regressive step. He warned that the party that is in government today is not necessarily going to be in government forever and that those on the Opposition Benches might one day be in government. We should all be careful what we wish for and consider the fair and level playing field that we all seek to achieve.

I really enjoyed the contributions made by many Members. The hon. Member for Newcastle-under-Lyme (Aaron Bell) had an awful lot to say, but his take-down of the ridiculous situation of having a super majority in the Fixed-term Parliaments Act was very succinct. Indeed, it was total nonsense that there was any super-majority in the legislation in the first place. I certainly do not think that the hon. Member for Totnes (Anthony Mangnall) built any bridges with his Liberal Democrat colleagues in his contribution.

The Bill before us does two things: it repeals the Fixed-term Parliaments Act 2011 and reinstates the status quo as if the past 10 years did not happen at all. On the first of those matters, the official Opposition absolutely agree with the Government that the Fixed-term Parliaments Act 2011 should be repealed. However, the Government have some way to go to have our confidence that this Bill is worthy of our support. We certainly cannot wish to drag our monarch into politics. We should ensure that Parliament has a central role to play in the process, as is right in any modern democracy, and certainly has a say over Dissolution.

I say to the Minister that if this was a Bill in isolation, that would be one matter, but there is a pattern of behaviour and a pattern of legislation coming out of this Government when it comes to constitutional and election matters. The attacks on the Electoral Commission from members of her party, the attacks on judicial review, and making it harder to vote by requiring ID at polling stations when there is very little problem to solve shows a pattern of behaviour that does cause concern. So much of our politics and parliamentary procedures rely on people being, as my hon. Friend the Member for Rhondda said, good guys—and women, of course. If that is broken then everything else will fray at the edges.

Ultimately, this Bill is about where power lies. I would certainly argue that power should lie with the people, but this is a power grab by the Executive against the legislature. The Bill as it currently stands needs an awful lot of work if it is to have our confidence.

[Mr Deputy Speaker (Mr Nigel Evans)]

Minister, we have already had many messages from within the Chamber welcoming you back to the place where you rightfully belong. May I say on behalf of every Member of Parliament that it brings us great joy to see you back here in Parliament?

Covid-19 Update

Debate between Cat Smith and Nigel Evans

Monday 5th October 2020 Commons Chamber

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

On Friday, I and my constituents learned via local media and press reports that there are Government plans to close the hospitals in Lancaster and Preston, with plans to replace them with a super-hospital, which would have obvious implications for other Lancashire hospitals, such as Chorley and Blackpool Victoria. Closing two hospitals in Lancashire to build one super-hospital does not make it easier for my constituents or the people of Lancashire to access vital medical care. Does the Secretary of State believe, as I do, that the next time we hear a Minister talk about building 40 new hospitals, it should come with a health warning that that also means closing 80 hospitals?

[Mr Deputy Speaker]

Order. Before I invite the Secretary of State to answer that—I will give some flexibility—please make sure that your questions relate to the statement that has just been given.

Parliamentary Constituencies Bill

Debate between Cat Smith and Nigel Evans

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

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

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

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to consider the following:

New clause 2—Allocation of constituencies—

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

(2) After rule 8(5) insert—

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

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

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

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

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

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

New clause 3—Definition of “electorate”—

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

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

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

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

[Cat Smith]

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

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

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

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

Proportional Representation: House of Commons

Debate between Cat Smith and Nigel Evans

Tuesday 23rd April 2019 Westminster Hall

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

I welcome the Under-Secretary of State for Wales, the hon. Member for Torbay (Kevin Foster), to his new position, and wish the Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Chloe Smith) all the best on her maternity leave. I am sure that he will ably cover her post.

Before addressing proportional representation, I want to highlight the feeling, which has come up in the debate, that the current political system is in need of change. The Minister will be getting to grips with the brief, but he will be well aware that our electoral laws are out of date and need looking at as a matter of urgency. Millions of people are missing from the electoral roll, dark money is influencing politics and public trust is at an all-time low.

This debate is about proportional representation. It is important to acknowledge that, as with every electoral system, there are pros and cons to first past the post. Simplicity is the key benefit of first past the post, because it gives the electorate one vote for the candidate or party they support. The other great benefit is the constituency link. As Member of Parliament for Lancaster and Fleetwood, when I go out and speak to my constituents, as I did over Easter, many of them greet me by name—they know me. I do not think they have the same relationship with their MEPs, whom they probably could not name and would not recognise if they fell over them in the queue for the bus.

I have outlined the advantages, but there are cons to first past the post, which have been outlined by many speakers in this debate. The current voting system has been under growing scrutiny. A traditional argument in favour of first past the post was that it had a history of returning stable single-party Governments. That has been well and truly debunked since 2010. Analysis of the 2017 general election also demonstrates the limitations of our voting system. That election saw a rise in marginal seats: 11 seats were won by fewer than 100 votes. Analysis by the Electoral Reform Society found that less than 0.0017% of voters choosing differently would have given the Conservative party a majority.

Moving on to proportional voting systems, proportional representation has a number of good arguments in its favour. It is right for Parliament to reflect the political will of the people—who would not argue that a country should have a Parliament that looks like the politics of its people. I do not think that anyone can disagree with that principle. A proportional voting system would give voters the opportunity to vote for people they believe in, rather than voting tactically to stop the party that they like least.

I am sure that every political party taking part in this debate has at some point or another said to a voter, “Please support me, because if you don’t support me the other guy will get in.” As well as smaller parties standing aside in some seats at the last general election, the Electoral Reform Society estimates that 6.5 million people voted tactically. As I said, they were voting for parties that were not necessarily their first choice in order to stop the party that they perceived to be more likely to win in their area.

PR is of course well established in the UK. There are forms of it in Wales, Scotland, Northern Ireland and here in London, for the Assembly elections. They all use proportional systems, which means that most voters in this country at some point have used more than one electoral system. In Scotland, where STV is used in local government elections, voters have demonstrated that they are capable of using more than one system and more complex systems than first past the post. Finally, all the UK-based proportional systems—except for the closed lists used in European elections—have the strong constituency basis that is incredibly important for any voting system.

Personally, I am on the record supporting PR. However, a major constitutional change such as this must have the support of the public. For example, in the 2011 AV referendum, to which I am sure the Minister will refer in his speech, 32% of voters supported AV, but the vast majority rejected it. AV is not, however, a form of proportional representation, and public opinion may well have changed since then. What has not changed is that our democracy is still fundamentally broken. I do not believe that changing our voting system alone is some magic wand that will fix the problems or mend the disconnect felt by so many voters in this country.

Millions of people across the UK feel that politics does not work for them, and it is not hard to see why. Communities are often affected by decisions over which they have no say or, even when they think they have a say, a Government can come in to override it, as in Lancashire in the case of fracking. Many people feel that what goes on in Westminster is a world away from the reality of their lives. Research published by the Hansard Society found that the UK public are increasingly disenchanted with the system of governing.

To move on to Labour’s position, Labour is committed to root-and-branch transformation of the archaic political structures and cultures of this country which work for the few and not the many. At the last general election, our manifesto committed to establishing a constitutional convention to examine and advise on reforming the way in which Britain works at a fundamental level. We will consult on the convention’s forms and terms of reference, and invite recommendations on extending democracy. The convention will bring together individuals and organisations from across civil society, and will act as the driving force behind our democratic agenda.

As well as looking at different voting systems, the convention will look at extending democracy locally, regionally and nationally, and will consider the option of a more federalised country. Of course, a constitutional convention could look at other issues to do with democratic accountability, including whether MPs who change parties and cross the Floor should face by-elections. This is about where power and sovereignty lie in politics, in the economy and in the justice system, as well as in our communities. The convention will build a popular mandate for the deep-seated political change that this country needs.

As I said, it is important that we look at different voting systems as part of a wider package of constitutional and electoral reforms, to address the growing democratic deficit across Britain. That is the change that we must see.

[Mr Nigel Evans (in the Chair)]

In welcoming the Minister to his place, I ask him to leave at least one minute for the proposer, Angela Smith.