Parliamentary Constituencies bill (Third sitting)

Chloe Smith Excerpts

Committee stage & Committee Debate: 3rd sitting: House of Commons
Tuesday 23rd June 2020 Public Bill Committees

[The Chair]

Dr Renwick, would you introduce yourself, please?

Dr Renwick: I am Dr Alan Renwick. I am the deputy director of the constitution unit at University College London and I lead our work on elections and referendums.

[The Minister of State, Cabinet Office (Chloe Smith)]

Q 135 Professor Hazell and Dr Renwick, thank you very much for joining us. You very kindly supplied some written evidence, and I am sure we have all had a chance to look at your recent blogposts—thank you for those. Could you take us through what you see as the independence of the UK boundary review process, which in your written evidence you describe as

“among the best in the world”?

Dr Renwick: Perhaps I can kick off. Thank you, Minister, for that question, and thank you to the Committee for inviting us this morning.

As you say, the boundary commissions in the UK are unusual in international comparison in the degree to which they uphold the principle of independence. They are appointed in a process that, on the whole, upholds that principle. As we said in our submission, we have some concerns that the safeguards should be enhanced, but the process that the commissions follow is independent of Government and of Parliament, as it should be. The principle that should be followed is that those who have a direct interest in the outcome of the review process should not be able to determine the outcome of that process, so it is proper that Parliament sets the overall rules but that the process is then conducted by the independent boundary commissions. Of course, it is also proper that MPs should be able to make submissions to the boundary commissions, as they do, but that the final decisions ought to be made by the commissions.

At present, the reviews are conducted by the boundary commissions, but it is then up to Parliament to decide whether to implement those reviews. It seems to us that that is simply a very clear breach of the principle of independence. There have been three cases now—in 1969, 2013 and 2018—when the review was blocked in one way or another. That is not a desirable outcome. Whether or not partisan or personal interests were involved in those decisions, at the very least the perception is created that they could have been. That is undesirable, and we now have boundaries that at least in England are based on electoral registers from 2000—clearly, they are very out of date.

We have a strong view that it is correct to have automatic implementation of reviews, which already works very well and without any problem in Australia, New Zealand and Canada. It ought to be introduced in the UK as well, alongside better safeguards to ensure that the current independence of the boundary commissions from Government cannot be taken away by Government in the future.

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[The Chair]

That is a splendid idea. Thank you for that suggestion. It will be done sooner rather than later.

I am delighted that Chris Williams is here in person. He is the head of elections and field operations for the Green party. We have until 10.20 am for this session, not as was indicated on the Order Paper. Mr Williams, please briefly introduce yourself.

Chris Williams: I am Chris Williams. I work for the Green party of England and Wales as head of elections and field operations.

[Chloe Smith]

Q Mr Williams, thank you for joining us this morning. I thank all the political parties that have given some technical engagement with the Bill in its development. Please set out what you think of the Bill and any particular characteristics you would point to.

Chris Williams: I can run through our thoughts briefly. Thank you for the involvement we have been invited to have with yourself and civil servants.

We are supportive of the change to 650 MPs. We are also pleased that the electoral register data to be used has moved back to March 2020. A minor improvement would have been to move it to December 2019, but that is still a good move. Changing the future reviews to every eight years is positive.

I have some concerns around how the constituencies will end up looking in terms of representation of the communities that we want to see well represented as part of the system we operate within. The 5% tolerance limit is potentially challenging. We have some concerns around how all this will be perceived in Wales. The last speakers spoke about automaticity. I have commented on perception and the perception that any involvement from the Government could be seen as problematic without the ability for Back Benchers to stop any recommendations once they come back from the commissions.

Finally, if I have understood things correctly, in future reviews, the Bill says the deadline in any year for the commissions to report back to the Government or the Speaker is 1 October. In future, there would not be very long before a general election—just seven months. That does not give a great deal of time for reselection and candidate selection to take place and for smaller parties and independents to get their act together, so to speak. I think moving the date forward to something more like July before a general election would provide a bit of protection there.

[Cat Smith]

Q Mr Williams, thank you for coming to give evidence before the Committee. To push you slightly further on something you have already alluded to, what are your views on the very tight tolerance limit of 5% in the legislation that we will be moving into scrutiny of on Thursday? How does it relate to those community links, and what issues do you think that very tight tolerance will throw up when it comes to the realities for communities?

Chris Williams: That is a good question. I guess I should say—I appreciate it is beyond the scope of this Bill—that the Green party does not support the first-past-the-post system, but one of the benefits of it is the very strong link between Members of Parliament and the communities they represent. If members of a community perceive that their constituency is of a very bizarre make-up, or that they have been stuck together for some convenience, that breaks down that benefit that currently exists with MPs.

Certainly from my experience last time around, when we were seeking 600 constituencies with a 5% tolerance limit, some very bizarre constituencies were put together. I looked at the west midlands make-up in some detail, and some of the constituencies were incredibly bizarre, with an awful lot of complaints. One was effectively a sausage-shaped constituency that was very, very long—I think it was the Birmingham Selly Oak and Halesowen constituency. The only thing that the boundary commission, bless them, could find to operate within the tolerance limit that had a community tie was a canal, but of course if you take that to its extremity, you will end up connecting some places that are very far away from each other. Giving the Commission the flexibility to have a 7.5% variance in extreme circumstances, where it is necessary, would help avoid some of those problems. I can see some real problems in rural areas as well, where I think a greater tolerance would really help.

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[The Chair]

Sir John, your voice is very familiar to us all. Again, at least as Chair, I feel cheated that we cannot see you, but never mind. Just so colleagues realise, you do not have to take the time, but we have until 11.25 am if you so wish.

[Chloe Smith]

Q Thank you very much indeed, Sir David. Could we have anything better than more time with Professor Maclean and Professor Sir John? This really is a treat—thank you both very much for joining us. Given that we have a little more time, I would like to start with a question to each of you, although I am sure your paths may cross over as the session goes on.

Professor McLean, you began in your introduction by referring to the rules having been put right in the earlier Bill and said that you would not change them again. Could you go into a little more detail on that? I am taking you to mean the rules that we find in schedule 2 to the Parliamentary Constituencies Act 1986, which, as you will know, the Bill predominantly leaves unchanged. We—perhaps like you—think that they flexible enough to allow the commissions to do their work, but perhaps you could elaborate on that. If I may, I would then like to ask Sir John a question once Iain has had a chance to speak.

Professor McLean: The rules, as originally drafted in 1986, were mutually contradictory. Rule 1 said that you should not expand the size of the House of Commons, and there was an equality rule, the unintended effect of which, as it was then written, was to tend to increase the size of the House of Commons after each review, for mathematical reasons that I hope I do not have to go into now, although I can.

They are now expired because two things in the 2011 Act fixed that problem. It gave total priority to a fixed number of seats in the House of Commons, and because that overrules everything else in schedule 2 to the 1986 Act, the creeping enlargement of the House of Commons, which some people thought a problem, is no longer a problem. Secondly, within the other rules, the 2011 Act amends the 1986 Act by giving equality of constituency size priority over the other criteria, including local ties and respect for local government boundaries. Once that priority has been set—I am speaking mathematically, not politically—the contradictions in schedule 2 as it originally operated have disappeared.

I have looked at—with some difficulty during lockdown—the text of the Bill and I have it and the explanatory notes in front of me, via a rather dodgy connection to my iPhone. I have looked rather nerdily at the proposed amendments to the vital schedule 2 to the 1986 Act. From my reading—though I am not a lawyer—I would say that they do not upset the changes that were made in 2011 and, therefore, they should be left as they are. I think that will do at the technical level, although the Committee may have further questions.

[Chloe Smith]

Q Thank you very much indeed, Professor McLean. I do not mean to take the role of the Clerk, but I think that I can say that, if it helps, you can take a copy of the Bill and the explanatory notes from the table just behind Mr Efford.

Thank you for that helpful explanation. To clarify it further, do you think that rule 5(1), the list of factors, does a good enough job of providing flexibility to the boundary commissions, given its place in the hierarchy of rules that you have just gone through?

Professor McLean: I may need a moment, Minister; I have just collected paper copies of the documents. Would it be in order to ask you to park that question and ask John in the meantime?

[Chloe Smith]

Of course. I am still driving at schedule 2 to the 1986 Act, which admittedly you do not have there in your papers.

Professor McLean: I have the Bill here; the amendments to schedule 2 to the 1986 Act are at the back, in the schedule to the Bill.

[The Chair]

Shall we go over to Sir John to give you time to absorb it all?

Professor McLean: Okay. I will be ready to answer your question, Minister, when you have asked the next one to Sir John.

[Chloe Smith]

Q Thank you very much indeed.

Sir John, thank you very much for joining us. I wonder whether you might be able to help us with our understanding of the data used for boundary reviews. They are based on electoral registration data; could you give us your views on the adequacy of that?

Professor Sir John Curtice: The short answer is that over the long run, from the various exercises—most recently by the Electoral Commission, and before the commission was created, by the Office for National Statistics—that have looked at the accuracy and completeness of the electoral register, we know that there are inadequacies in the register that have increased over time. Those inaccuracies are also related to certain circumstances such as having recently moved house, living in private accommodation or being unemployed. The Electoral Commission’s most recent report, for the December 2018 registers, said that they were 85% complete, meaning that only 85% of those people who should be on the register are on it, and 89% accurate, meaning that about 11% of entries relate to people who should not be on the register at the place that they are at.

The Bill makes no difference at all for all practical purposes to the rules for redistribution that were passed in the 2011 Act, but that Act places a premium on allocating constituencies with respect to electorates. We know that those electorates are less than perfect; I guess that if we are really now concerned about the mathematical accuracy of boundaries, what we should probably be worrying about is not the rules for redistribution, but ensuring that those rules are implemented more effectively by improving the accuracy of the electoral register. But that is a long-running problem, and I am not trying to argue that it will be easy to resolve.

[Chloe Smith]

Q Indeed; there is always discussion to be had about how we can continue to improve the completeness and accuracy of the registers. Not that I would get into an argument with you about trends over time, but my understanding was that those are rising rather than declining—but as you say, that is a different discussion.

Looking at electoral registration data with its ins and outs, as you have just outlined, is it the right kind of data to base boundaries on—as opposed to census data, for example, or other kinds that you could conceive of being collected?

Professor Sir John Curtice: The problem with census data, obviously, is that it is now nearly 10 years out of date. You might want to argue that the ONS produces a mid-year population estimate over time, but it does not necessarily have the detail required to set up boundaries.

The second problem is that there is a disjuncture between residency and citizenship. If you went in the same direction as the Scottish Government by giving anybody who is permanently resident in the United Kingdom the right to vote, you might want to consider population as a reasonable proxy for that. However, as long as we are going to limit the franchise to British, Irish and Commonwealth citizens, given that this country has a substantial resident non-citizen population, you are probably not going to want to go down the route of using population. That, again, is tied up with the issue of the franchise.

[Chloe Smith]

Q Understood. Thank you for those opening remarks; that is helpful. Maybe Iain has had a chance to think about the other question I left hanging with him.

Professor McLean: Thank you Minister, and thank you Chair, for your forbearance. It is quite a jigsaw puzzle, but on page seven of the Bill are what you call “Minor and consequential amendments”. That is a mistaken heading; one of them is neither minor nor consequential. I will not comment on the addition of the county of Blackpool in paragraph 4 of the schedule; the only material amendment here is in paragraph 4(2): “for ‘596’ substitute ‘646’.” As Members know, that is one of the consequences of keeping the House of Commons’ size at 650. The number 646 appears in the paragraph because of the four reserved constituencies, which are islands exempted from the equality criterion. That is all good. What is not in here are the changes to the schedule of the 1986 Act introduced by the 2011 Act. I was in a position to check that yesterday.

[The Chair]

Order. I am slightly embarrassed, but I have to share with the Committee that the Bill available in the room is the wrong Bill. Quite how that has happened, I do not know. The Clerks will make sure that the right Bill is available for the next sitting. I was completely unaware of that, and unfortunately there is nothing I can do about it, I am afraid. It is a pity. Professor McLean, one of the Committee members will get the right Bill; it is on its way, and everyone will have the copies.

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[The Chair]

My view is that it does not really affect that materially, but I felt that I should place on record the fact that the Bill that we had was not the right one.

[Chloe Smith]

Further to that point of order, Sir David. The Bill we should be talking about is the Parliamentary Constituencies Bill. The incorrect one is the Parliamentary Constituencies (Amendment) Bill, a private Member’s Bill put forward by none other than my hon. Friend the Member for Wellingborough (Mr Bone).

[The Chair]

This is surreal. I thank the Minister for enlightening the Committee. It was an innocent mistake. The hon. Member for the City of Chester has kindly now made sure that we all have the correct Bill. Professor McLean, are you now in a position to respond?

Professor McLean: It turns out that I always was; my document is the correct Bill. To reiterate, for those who are looking at the correct one, paragraph 4 of the schedule to the Bill, “Minor and Consequential Amendments”, addresses schedule 2 to the 1986 Act. That is the one that does all the work. The only material change that is introduced is one of the consequences of keeping the size of the House at 650 Members; after subtracting the four protected constituencies, that is 646. This ensures that the House’s size continues to be fixed absolutely. That removes one of the sources of the incoherence of the schedule as originally drafted.

The other source of the incoherence was that the electoral equality criterion, until the 2011 Act, had no priority over the local ties and local government boundaries criteria. Amendments to the 2011 Act, which is not further changed and is therefore not in front of you here, gave the equality criterion priority over the local ties and local government boundaries criteria. That remains unchanged by the Bill. Ministers and parliamentary drafters have not, therefore, by any mistake reintroduced any of the inconsistencies in the original 1986 Bill. I hope that that is sufficiently clear to Members, but I can expand further if people wish.