(14 years ago)
Commons ChamberI beg to move amendment No 9, in page 9, leave out lines 13 to 20 and insert—
1A (1) No constituency shall have an electorate more than 5 per cent. above or below the electoral quota for that part of the United Kingdom unless the Boundary Commission concerned believes there to be overriding reasons under the terms of these rules why it should.
(2) No constituency shall have an electorate more than 10 per cent. above or below the electoral quota for that part of the United Kingdom.
(3) In this Schedule “the electoral quota for that part of the United Kingdom” means—
where U is the electorate of that part of the United Kingdom minus the electorate of the areas mentioned in rule 5A and Y is the number of constituencies in that part minus the number of constituencies allocated within that part as a result of the operation of rule 5A.’.
With this it will be convenient to discuss the following:
Amendment 185, page 9, leave out lines 14 and 15 and insert—
(a) no more than 5% above or below the United Kingdom electoral quota unless the Boundary Commission concerned believes there to be exceptional geographic circumstances, and
(b) no more than 15% above or below the United Kingdom electoral quota.’.
Amendment 200, page 9, line 14, leave out ‘United Kingdom electoral quota’ and insert ‘electoral quota for the part of the United Kingdom (England, Wales, Scotland or Northern Ireland) in which the constituency is located’.
Amendment 2, page 9, line 16, after ‘6(2)’, insert ‘, 6A(2)’.
Amendment 201, page 9, line 16, leave out ‘, 6(2) and 7’ and insert ‘and 6(2)’.
Amendment 202, page 9, leave out lines 17 to 20 and insert—
‘(3) In this rule “electoral quota” means—
where U is the electorate of the part of the United Kingdom in which the constituency is located, reduced in the case of Scotland by the electorate of the constituencies mentioned in rule 6, and C is the number of constituencies allocated to that part under rule 8.’.
Amendment 182, page 9, leave out lines 18 to 20 and insert—
where U is the electorate of the United Kingdom minus the electorate of the Council areas mentioned in rule 6 and C is the number of constituencies allocated to these Council areas.’.
Amendment 184, page 9, line 20, at end insert
‘and accordingly the electorate of each part of the United Kingdom shall be treated for the purposes of this rule as reduced by the electorate of those constituencies.’.
Amendment 10, page 9, leave out lines 27 to 34.
Amendment 186, page 9, line 30, leave out from ‘if’ to end of line 34 and insert
‘the Boundary Commission is concerned that unusual geographical considerations, including in particular the size, shape and accessibility of a proposed constituency, would require an unreasonable amount of time to travel round the various communities within it.’.
Amendment 188, page 10, line 2, leave out ‘A Boundary Commission’ and insert
‘The Boundary Commissions for England, Scotland and Wales.’.
Amendment 11, page 10, line 10, at end insert—
‘(1A) A Boundary Commission shall ensure that—
(a) in England, no district or borough ward shall be included in more than one constituency;
(b) in Northern Ireland, no local authority ward shall be included in more than one constituency;
(c) in Wales, no unitary authority ward shall be included in more than one constituency;
(d) in Scotland, regard shall be had to local authority ward boundaries.
(1B) The Boundary Commission for England shall where practicable have regard to the boundaries of counties and London boroughs; and in any case no constituency shall include the whole or part of more than two counties or London boroughs.
(1C) The Boundary Commission for Wales shall where practicable have regard to the boundaries of unitary authorities; and in any case no constituency shall include the whole or part of more than two unitary authorities.’.
Amendment 193, page 10, line 10, at end insert—
‘(1A) The Boundary Commission for Northern Ireland may take into account to such extent as they think fit—
(a) special geographical considerations;
(b) considerations arising from the co-terminosity of parliamentary constituencies and multi-member constituencies for the Northern Ireland Assembly under the Northern Ireland Act 1998;
(c) local government boundaries as they exist on the most recent day of an election for any district council, other than an election to fill a vacancy;
(d) any local ties that would be broken by changes in constituencies;
(e) the inconveniences attendant upon such changes.’.
Amendment 196, page 10, line 10, at end insert—
‘(1A) A Boundary Commission shall have power to specify, in certain specified circumstances set out in subsection (1C) below, that constituencies in areas determined by the Boundary Commission shall be—
(a) wholly within a principal local authority or authorities; or
(b) wholly within well-established historic or geographical boundaries.
(1B) The impact of any decision taken in respect of areas defined under subsection (1A) must not create constituencies within the remainder of the region or nation in which such areas fall which fail to meet the rules in this Schedule.
(1C) The coterminosity of parliamentary constituencies with boundaries as defined in subsection (1A) may be specified when the following support such a proposition—
(a) the principal local authority or authorities within the area proposed;
(b) all sitting Members of Parliament representing constituencies wholly or partially within that area; and
(c) at least two-thirds of all civil parish, community and town councils or parish meetings within that area who make a representation;
and where the Boundary Commission is satisfied, from its own soundings amongst the electorate and the business and voluntary sectors, that such a proposal is widely supported.’.
Amendment 207, page 10, line 16, at end insert—
‘(2A) The Boundary Commission for England shall take into account counties as listed in Schedule 1 to the 1997 Lieutenancies Act in so far as is possible in accordance with rule 2 above.’.
Amendment 12, page 10, line 17, leave out sub-paragraph (3).
Amendment 13, page 10, leave out lines 18 to 24 and insert—
‘Specified areas
5A (1) The following shall be allocated whole numbers of constituencies by whichever Boundary Commission is responsible for them:
(a) Orkney Islands and Shetland Islands council areas;
(b) Comhairle nan Eilean Siar council area;
(c) The Isle of Anglesey county area;
(d) The Isle of Wight county area;
(e) The County of Cornwall and Isles of Scilly council areas.’.
Amendment 183, page 10, leave out lines 18 to 25 and insert—
‘Whole numbers of constituencies
6 (1) The following shall be allocated whole numbers of constituencies by whichever Boundary Commission is responsible for them—
(a) Orkney Islands and Shetland Islands council areas;
(b) Comhairle nan Eilean Siar council area;
(c) the Cyngor Sir Ynys Môn Isle of Anglesey county area;
(d) the Isle of Wight county area;
(e) the County of Cornwall and Isles of Scilly council areas;
(f) the Highland Council area;
(g) the Argyll and Bute Council area.
(2) The number of constituencies to be allocated to each area shall be determined by dividing the electorate of the area or areas concerned by the United Kingdom Electoral Average and rounding to the nearest whole number, unless this would mean that rule 4(1) could not be satisfied, in which case the area concerned will be allocated the smallest number of constituencies required in order to satisfy that rule. Each area must be allocated at least one whole constituency.
(3) In this rule “United Kingdom Electoral Average” means (where E is the electorate of the United Kingdom)—
? | .’. |
The Government’s rhetoric suggests that all parliamentary seats should have exactly the same size of electorate, but that is not what the Bill says. It allows for a variation of up to 5% either way from the national average and creates three special exemptions for Scottish seats, one of which is held by the Scottish National party and the other two of which are held by the Liberals. We are not opposed to those exemptions, although they look dubious in the context of the Bill’s wider attempt to strive for mathematical purity.
Our argument is that although the majority of seats should indeed be within 5% each way, there are more instances than are allowed for in the Bill where the Boundary Commission should be allowed to exercise a degree of discretion, because this country is made up not just of statistics on a map but of living communities with distinct historical, cultural and political identities that need their discrete representation in the House. A system that delivers mathematical perfection may be aseptically clean, and please the tidy utilitarian and the centralist, but it will in countless cases leave voters on the wrong side of a river, a mountain, a county or ward boundary, or cultural divide and, thereby, fail the fundamental tests that we should be setting.
Will those boundaries be readily comprehensible to ordinary voters? Will they match the political and cultural aspirations of the discrete communities of the UK? Will they render Members more or less accessible? Frankly, will they look like common-sense boundaries or seem like crazed contortions devised by a centralised desiccated calculating machine? The Government are not just insisting on their mathematical equation, of course; they are also subordinating any other considerations of whatever kind, such as local authority boundaries, to that calculation. Taken together, those measures will lead to ludicrous anomalies.
Let us consider how some instances would have applied at the last election. Wyre Forest is, quite sensibly, coterminous with its district council, but it would have had 2,131 too many electors for the 5% rule. Likewise, Shrewsbury and Atcham is coterminous with the former district of that name and unchanged after a number of reviews, but it would have had 1,552 too many electors. Bath and North East Somerset council includes two constituencies, Bath and North East Somerset, but it would have had to find 1,886 electors from a neighbouring authority. Even Forest of Dean, comprising the Forest of Dean district council and one ward from Tewkesbury district council, a seat that was completely unchanged at the last review, would have been 383 voters short. That is why we want to change the Bill.
In many cases, it would be impossible to respect county boundaries. At the last election, Cumbria would have had to find 14,296 electors from neighbouring counties in order to make up its six seats. Northumberland would have had to find 22,529 electors for four seats. Warwickshire’s six seats—Kenilworth and Southam, North Warwickshire, Nuneaton, Rugby, Stratford on Avon,and Warwick and Leamington—would have needed to find 7,991 electors.
How many electors would Wales have had to find to make up its full quota of 40 seats, which the hon. Gentleman would like to maintain?
A very large number, but I am not arguing against greater parity, as I hope I have made clear on several occasions during the Bill’s proceedings. However, I am also not in favour of one area of the country having its representation in this House cut by 25%—four times more than any other part of the United Kingdom. That seems to be a swingeing cut, and it will do no good for representation in this House.
The six seats in Oxfordshire would, on average, have been 1,907 electors over the threshold, so approximately 11,000 Oxfordshire electors would have needed to be shed so that they were in a constituency that was shared with a neighbouring county. Indeed, part of the Prime Minister’s own constituency, including the Saxon village of Burford, might have had to be shifted to Gloucestershire. Even Burford priory, the house of civil war Speaker Lenthall, would have had to be summarily moved from Oxfordshire to Gloucestershire.
In Hampshire, because the rules will not allow Isle of Wight to remain a single seat, the county would have been required to provide 40,000 electors from one or perhaps two of its existing seats. Most significantly, the historic county of Cornwall and the Isles of Scilly would have had to find 13,138 electors, or an average of 2,190 per constituency, from Devon to make up the number for six seats. I believe that to be wrong. King Athelstan determined as early as 936 that the east bank of the River Tamar should be the border of Cornwall, and, although it may be true, in the words of the Prime Minister, that the Tamar is not the Amazon, it certainly is the Rubicon—a river not worth crossing.
The same is true of metropolitan areas. Warrington would have had 119 too many electors for two seats—an average of 59 per seat. The five seats in Birmingham, each comprising four wards and with electorates of between 73,731 and 75,563, would have been slightly too large and would have had to shed voters elsewhere. In London, Wandsworth would have had 3,427 electors too few for its three seats, Sutton would have had 1,119 too few electors for its two seats, Barnet would have had 371 too many electors for its three seats, and Enfield would have had 219 too few electors for its three seats.
My hon. Friend is talking about the number of seats within a larger boundary area. I am based in Berkshire, and Slough is very different from the rest of the county. We are one of Berkshire’s unitary authorities. If the number were calculated on the basis of the whole of Berkshire, there would be a serious risk that the community of Slough—which is nothing like the community of Windsor and Maidenhead; that is felt by both communities—would be muddled up. I am worried that in his very powerful peroration he is not sufficiently focusing on the cultural differences between different areas in the same county boundary.
I have not got to my peroration yet—this is just the beginning—but I am grateful to my hon. Friend for her comments. She is absolutely right. My whole argument is that some of the historical boundaries also represent historical cultural identities. We cannot just draw the lines on the map according to the numbers as if people were just statistics: we have to draw them in recognition of the communities and bonds that tie people together.
Does the shadow Minister recognise that this is the self-same argument that was made, probably in this House, some 170 years ago, in the run-up to the Great Reform Act of 1832, to justify the idea of the cultural importance of maintaining all the seats in Cornwall and Suffolk that had existed since time immemorial? It is a nonsensical argument, and we now have to look towards equality. I disagree with him in that I would like to see the three Scottish seats also taken out of this consideration to ensure that we have the proper equalisation of all 650 seats that should exist in the next Parliament.
The hon. Gentleman should not try to misrepresent my argument. I am not arguing in the slightest for tiny seats. I am not even arguing that the people of Rhondda alone have the right to elect in perpetuity, even though they have only 50,000 voters. There should be much greater parity, but we need to be able to balance the needs of parity with the needs of local communities and constituencies of interest that exist around the country. There was no constituency of interest in Old Sarum in 1831 and 1832—the only interest was that of Tory Back Benchers who wanted to ensure that they were still able to dole the seat out to one of their family members. So it is an argument not against Labour but against the Conservatives.
Sheffield will almost certainly be entitled to five constituencies, but with 20 wards it would end up with three constituencies of six wards, which would be too big, and two constituencies of five wards, which would be too small. We would therefore have to split wards in Sheffield or cross the boundaries with Barnsley and Rotherham, which would be tough, as wards in Rotherham are about the same size as those in Sheffield and there are a large number of hills in the way. In the words of Professor Ron Johnston,
“They are going to have to split wards, I have no doubt about this.”
Under these proposals, it is perfectly possible that one of the wards in my constituency, East Ecclesfield, could end up being split into three parts, with one part going into the seat of Wentworth and Dearne, one part into Brightside, and one part into my seat.
My hon. Friend is absolutely right. The wards in some metropolitan areas comprise 15,000 or 20,000 voters. Consequently, if the Government push ahead with their proposed 5% leniency either way rather than the 10% that we are advocating, they will have to split wards. Contrary to what the Deputy Leader of the House said last week, and what the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper) has said, there is not a single ward in England that is split between constituencies—not one. [Interruption.] The latter is chuntering very quietly, but now he is looking at his phone, so I presume he has given up on that point. He can pipe down.
The end result is that it will become impossible for wards to be used as building blocks, as they currently are without exception in England despite the fact that it is not a requirement of the rules. Voters will have to become psephological experts to know who represents them at each level of government—their councillor, their Member of Parliament and their representatives at other tiers in Scotland, Wales or Northern Ireland. Historical communities and towns will be split for negligible benefit, and because of the knock-on effects there will have to be a radical redrawing of virtually every seat in the land.
I will not give way to the hon. Gentleman a third time, if he does not mind. We have very little time for this debate.
My final point is very important. The proposed reduction in the number of Members of Parliament will have the effect of increasing the electoral quota in all four countries, even England, where it will go up from 71,537 to roughly 75,800. Just 204 current constituencies have electorates within 5% of that number. The knock-on effects, however, mean that it is likely that barely a handful of seats will remain untouched. That was confirmed by the heads of the boundary commissions, who told the Select Committee on Political and Constitutional Reform that the change would result in a complete redrawing of constituency boundaries.
Is my hon. Friend aware that because of the totalising nature of the reforms, Professor Johnston said in his evidence to the Political and Constitutional Reform Committee that this was exactly the wrong point at which to abolish public inquiries?
My hon. Friend, who is on the Committee, makes a very valuable point. It was made very clear to the Committee, even in the short time that was allowed it to produce its report, that it would be ludicrous to get rid of public inquiries at this time, when so many changes would be coming up.
The complete redrawing of virtually every seat in the land will mean not just reselections but new selections for candidates around the country. More than one Conservative MP has already told me that the Conservative Whips have made it absolutely clear to them that if they do not toe the line, the party leadership will make it impossible for them to be selected under the new boundaries. What price accountability then? What price new politics, eh?
That is why our amendment 9 would provide that the vast majority of constituencies would indeed fall within the 5% rule, but that the boundary commissions should be allowed a wider degree of latitude where they believe there to be an overriding concern, up to a fixed limit of 10%. That 10% is actually the difference between the constituency of the Parliamentary Secretary and that of the Deputy Leader of the House.
Our amendment 13 would make explicit provision for a whole number of seats for Cornwall and the Scilly Isles, for Anglesey and for the Isle of Wight. Amendment 11 would determine that wards could not be split between constituencies, and amendment 12 would mean that factors such as local boundaries could be considered without subordination to the 5% rule, but not going further than the 10% rule.
This country is not a Rubik’s cube devised by a mathematician, it is a complex jumble of communities. Some live in inconvenient numbers in inconvenient places that cannot be readily and symmetrically delineated in equal numbers. I am not defending the right of the Rhondda or anywhere else to its own seat in perpetuity. We need greater parity, and that will mean the amalgamation of seats in many areas, but let us not create so crude a system that 383 voters have to be found for the Forest of Dean or 59 expelled from Warrington. Let us not create such a centralised system that the idiosyncrasies of the towns, villages, islands and cities of this land cannot find their voice in this House.
I say in a genial way what a pleasure it is to follow the hon. Member for Rhondda (Chris Bryant)—it is a pleasure because, by definition, if I am following him, he must have stopped speaking for once. He has been difficult to avoid over the past two or three weeks in debates on the Bill, and, it seems, everywhere else. I got home on Thursday and there he was in Glasgow on “Question Time”.
Having said that, we have great sympathy with many of the principles that the hon. Gentleman enunciated. I wish to confine my remarks to amendments 182 to 184, which go together. We will seek to press amendment 183 to a vote if the opportunity arises in due course. The amendments are in my name and those of hon. Friends, all of whom are present.
I wish to speak to the amendments to add to the comment that I made when the Deputy Prime Minister made the initial statement about this whole business. I feel that it is incumbent upon me to say a word or two, as my constituency has been put up in lights as some kind of benchmark, albeit that the lighting has been somewhat distorted and much misunderstood. I wish to clarify the matter and refer to the implications that flow from it.
Over the past 27 years, my constituency has been geographically the largest in the United Kingdom. It was the largest when it was formed in 1983, and some 10 years later, at the time of the boundary changes for the 1992 election, it remained the largest and became larger. At the last general election, it remained the largest and became larger yet again. I have looked back at one representation made to the Boundary Commission about that trend and about the sheer size of what became the Ross, Skye and Lochaber constituency, and indeed I made the same point myself at the hearings on the boundary change. Although I did not oppose the proposals to increase the size of the constituency—one never wants to oppose the inclusion of communities where one might find oneself having to go to seek support—I felt that the increase was impractical and would create unique challenges, as I diplomatically put it, for whoever represented the seat.
I shall be quite honest with the House: having represented three such vast constituencies over the course of nearly 30 years now, I can say that the current one is by far the most impractical. It has to be said that the other two were gigantic and posed particular problems, but there comes a point at which geographical impracticality sets in and nobody can do the job of local parliamentary representation effectively. I would say that point has now been reached. It is no exaggeration to say that I can drive for five solid hours within the boundaries of the constituency, simply between point A and point B, to carry out one engagement, and then have to drive five hours back. That is just insane.
The hon. Gentleman begins to make the precise point that I wish to develop, which is that this Bill already accepts the principle that there are geographical areas or communities that are either too disparate or too distinct simply to be left. There is nothing against that principle in the Bill. One could have argued—historically, it would have been easy to do so—for the old Norse principality of Orkney, which included Caithness. We could have gone back to Caithness, Orkney and Shetland. The Government have recognised that certain geographical difficulties make it important to have regard to them when building constituencies.
If the hon. Gentleman will let me first develop my argument, I will happily give way.
We have heard today from both sides of the House a variety of examples of why the two principles have worked in tension against each other for the benefit of the country. My broad argument is about removing that, suggesting an arithmetical figure, and making two exceptions. The exception of size is almost irrelevant, because it would change the constituency of my right hon. Friend the Member for Ross, Skye and Lochaber and mine, and Inverness would probably disappear. In the tension between those two principles, which have been dealt with by the Boundary Commission and through inquiry, we have broadly arrived at a workable set of solutions. Therefore, like the amendment, I urge that we take a similar approach while respecting all the Government’s principles.
The hon. Gentleman is making a splendid case. Some of us believe that his constituency should be called Thurso. He wants us to support his amendment, which we are happy to do, but I hope he recognises that it might be better not to make allowances just for named constituencies, but to allow greater flexibility throughout the country so that wards and communities do not have to be split. He would then have to vote for our amendment.
I am receptive to the hon. Gentleman’s argument. However, if he knew my constituency, he would know that saying it might like to be called Thurso is probably the worst insult that could be delivered to the Royal Borough of Wick and to Wickans. May I put it on record that I am entirely content with Caithness, Sutherland and Easter Ross—or however much of Ross I may end up with?
There is a clear need for the Bill to be amended and if, given the lack of time, we cannot achieve that, I sincerely hope that the other place will take a long, strong and hard look at it. This is the sort of constitutional change that simply must not be allowed to slip through on the back of an electoral pact.
I understand that perfectly.
As well as the two Scottish island constituencies, there are other arbitrary exceptions to the principle of fair votes. However, it is not all about fairness or unfairness. It is about allowing people to be consulted and to have the representation that they want, even if that means keeping a larger constituency. That is why the decision should be made by the independent Boundary Commission, rather than according to the diktat of the Deputy Prime Minister.
My constituency is the largest in the United Kingdom, with 110,000 voters. I am happy to continue to be judged by those people when it comes to whether I represent them effectively. The Deputy Prime Minister paid me the compliment of saying that I was well known as an “outstanding constituency MP”. If that is the case, why is he determined to fix something that is not broken, particularly when his reforms are unwanted by the people who are affected by them?
I must end my speech, because we are running out of time. Let me finally say that it is a terrible thing to have one’s constituency divided. I recognise that that will happen in some cases, but what I do not like is the idea of the constituency being divided and part of it sent to the mainland.
So far this evening, the Government have gained no supporters for their argument. I think that there is a good reason for that. The arguments presented by Members on both sides of the House—including the persuasive argument of the former leader of the Liberal Democrat party, the right hon. Member for Ross, Skye and Lochaber (Mr Kennedy)—can be summed up very simply as “This House does not believe in the Government’s construction of a mathematical exercise in order to create constituencies”. Everyone who has articulated an argument this evening has expressed the belief that, in the case of Cornwall, Scotland, the south Wales valleys or the whole of Wales, we need to ensure that minority voices are heard loud and clear in the House.
I will not, if my hon. Friend does not mind. I know that the Minister needs to be able to reply.
On a point of order, Mr Deputy Speaker. When you called the Front-Bench spokesmen, at least a dozen Labour Members were still waiting to speak. It is clear that not enough time has been allowed for the debate. Can anything be done to enable those Members to put their points on the record?
That is not a point of order. The point about the amount of time allowed for the debate has been taken on board, but that is a decision for the Government rather than the Chair.
My hon. Friend the Member for Cardiff West (Kevin Brennan) knows perfectly well that I entirely agree with him. I note that at least 12 Labour Members have not yet been able to speak, and that is why I will speak very briefly now.
Let me just say this to the Government. The danger is that in their desire to create mathematically perfect constituencies and to allow only 5% of leeway to the boundary commissions, and in creating the exemptions for three seats in Scotland, they will undermine the three Scottish constituencies and make them seem like rotten boroughs. The Government will make the whole country look like a mathematical exercise, and not like anything that recognises the facts of life.
When miners went down the mines in the Rhondda in the 19th and 20th centuries, they had a number stamped on their miners’ lamps. The people of this country do not want to be just numbers on a miner’s lamp. The people of this country want to be recognised for the constituencies and the communities that are represented in it, and it is their voices that should be heard in the House rather than just the statistics with which the Minister agrees.
On a point of order, Mr Deputy Speaker. You said in response to the point of order of my hon. Friend the Member for Cardiff West (Kevin Brennan) that a point about who gets to speak is not a point of order for the Chair. A point about which amendments are selected is, however, a point of order for the Chair. My amendment to this part of the Bill deals with the same kind of special privilege that other Members have addressed in their amendments, but it was not selected. I appreciate that the Chair has a difficult task. However, my point of order is: if this Bill had been taken in full Committee, would not my amendment have been allowed and debated?
I am grateful to the hon. Lady. The Select Committee has done a very good job in raising some important issues.
Amendment 205 would add a stage to the consultation process that the boundary commissions are required to carry out for the purposes of the review. Prior to making recommendations, the commissions would be required to publish online their proposed approach to the application of the rules and factors. A consultation period of eight weeks would follow, and the commissions would be required to take the results into account. We have set a deadline of October 2013 for the commissions to report to allow parties, administrators and electors to adjust to the new boundaries prior to the general election in 2015.
An increase in consultation time of eight weeks could delay the reports, making it harder to prepare for the next general election. In effect, the time added to the process by the amendment would be much greater, as the commissions would have to publicise their proposed approach and assess the representations received before taking the many and complex individual decisions required to put together their recommendations. The Government believe that the right place to debate the approach that the boundary commissions must take is in Parliament. The importance of that is highlighted by the fact that the Bill had its Committee stage on the Floor of the House. The boundary commissions will carry out the review according to Parliament’s wishes, as has always been the case.
In any event, I do not consider that the commissions’ general approach, divorced from the resulting recommendation for particular constituencies, is a subject on which wide consultation is appropriate. It is the effect of the recommendations on a person’s local constituency or local area on which it is important for them to have a say, and the Bill increases the period for them to do so. Consultation on a general approach is likely to lead to many responses that are based not on genuine concern about the approach but on guesswork as to what the effect of that approach might be in a local area. But until the commission has taken all the many individual decisions necessary to formulate its recommendations, it will be impossible to predict the effect on a particular area.
I hope that it will reassure hon. Members that during the previous review the Boundary Commission for England produced a booklet prior to the publication of recommendations which gave information about the review. There was also extensive use of the commissions’ websites to inform interested parties about all aspects of the review.
Amendment 206 proposes a new set of publicity and consultation rules under clause 10. I hope to reassure hon. Members who tabled the amendment that it is not necessary as it reflects the practice that the boundary commissions are likely to follow in any event. The boundary commissions made extensive use of the internet in publicising the last general review and, although it is for them to decide, I am confident they will do likewise this time. The information that they published at the time of their recommendations included the electorate figures mentioned in the amendment.
I believe that it is important to allow the boundary commissions discretion to present their recommendations and relevant accompanying information as they think best, taking into account the particular circumstances with which they are dealing and the changing way in which people obtain information and communicate. On that basis, while I do not disagree with the principle underlying the amendment, I do not agree that it is desirable for the Bill to particularise the commissions’ practice in legislation to the extent that the amendment proposes.
The amendment would also expressly allow representations to be made by people within or outside the affected constituency. That is presently the case, and the Bill does not change that. New section 5(1)(b) of the Parliamentary Constituencies Act 1986 follows the existing section 5(2) in that respect. The boundary commissions are likely to publish recommendations for a number of constituencies together as a scheme, and the proposals for one constituency will undoubtedly affect those for others. It is important that interested parties both from within a proposed constituency and from neighbouring constituencies may make representations to the commissions for alternative schemes that work within the rules, and the Bill does not prevent that from happening. While I understand the concerns of the hon. Member for Epping Forest, it is not necessary for the wording that appears in the amendment to be in the Bill. On that basis, I hope that she will feel able to withdraw the amendment.
I now turn to more general points about local inquiries. It was interesting to listen to the right hon. Member for Tooting (Sadiq Khan) outline the Opposition’s case. I am glad that in this evening’s debate, we have not heard local inquiries described as appeals, because of course they are not. They are part of the process of information gathering, listening to the views of local people and weighing them up as part of the due process.
The process suggested in the Bill maintains that principle. Indeed, it actually extends it. It is vital that the boundary commissions fully consult all interested parties on proposals for changes to constituency boundaries. We all accept that. Local people in particular must be able to have their say. However, the Government believe that it would be a mistake to imagine that local inquiries achieve that objective, and there is independent support for that view. The Bill abolishes them for three major reasons. First, we simply must speed up reviews.
I am telling the hon. Gentleman why, if he will just listen.
The boundaries in force in England for the first time at the general election in May were based on electoral register data that were 10 years out of date. I do not think that is acceptable, and nor should Opposition Members.
(14 years ago)
Commons ChamberMy hon. Friend has raised an issue that is important to the House as a whole. In the 1997 Parliament, when I was shadow Leader of the House, occupying the position now occupied by the right hon. Member for Leeds Central (Hilary Benn), I put my name to timetable motions when we, as an Opposition, were satisfied they provided a sensible way of dealing with a Bill. That got rid of some of the problems identified by my hon. Friend. I hope that, given a new and, I am sure, reforming shadow Leader of the House, we can have sensible discussions about whether we can achieve consensus in relation to at least some Bills, so that we can make the best possible use of the time that is available for the House to deal with important Bills.
The Leader of the House is a tall man, but we should all look up to him even more if he were not to resort to sharp practice to get the Bill through next week. As was pointed out by my right hon. Friend the Member for Leeds Central (Hilary Benn), the Government have tabled 28 pages of amendments for debate on Monday, not a single one of which was called for during earlier debates on the Bill or by any Back Bencher. Many of those amendments refer directly to the Scottish Parliament (Elections etc.) Order 2010, which will not have been debated by Monday. Does that not constitute gross presumption of what the House may choose to do in the future, and does it not put the cart before the horse?
The hon. Gentleman said that I was a tall man; I say to the hon. Gentleman that he is, at times, a verbose man.
We have provided five days for the Committee stage of the Parliamentary Voting System and Constituencies Bill, and two days for Report. I consider that to be a generous provision, and much of that time so far has been spent by the hon. Gentleman speaking at length from the Dispatch Box. [Interruption.] Moreover, some of the time was not used last week when the House rose early. The House has been given adequate notice of the issues on the Order Paper, and we shall have ample time next Monday and Tuesday to deal with the amendments that have been tabled. [Interruption.]
(14 years, 1 month ago)
Commons ChamberMy hon. Friend will not be surprised to know that I entirely agree with him on that point. The Backbench Business Committee has made a good start in ensuring that important matters are brought before the House in a timely way. My greatest regret is the fact that the previous Government took so long to accede to the very reasonable request from the Wright Committee and many Members on both sides of the House to make that happen.
I warmly congratulate the Government on introducing the Backbench Business Committee, but can the Deputy Leader of the House guarantee that in future—as there always was in the past—there will be a European affairs debate before a European Council meeting and a full statement from the Prime Minister afterwards? This week, a European Council meeting will decide things such as our relationship with Russia and whether there should be Europe-wide regulation of the financial services industry, but the House will have not a single debate on it.
I can only say to the hon. Gentleman that the arrangement of statements is, of course, a matter for the Government. Other debates, as the Wright Committee clearly sets out, are a matter for the Backbench Business Committee. I am sure that his comments were heard by the Committee.
(14 years, 1 month ago)
Commons ChamberI welcome you back to the Chair, Ms Primarolo, and to the consideration of clause 8. I am delighted that we can continue debating amendment 127. Of course, we would not have been able to do this if the Opposition’s attempt to prevent us from doing so, when we dealt with the timetable motion yesterday, had succeeded. When I was last speaking to this group of amendments, we were having a brief exchange on the matter of Wales. I do not want to continue that exchange, because we need the opportunity to discuss the much more important issues relating to Wales and the other parts of the United Kingdom under clause 9, which I hope we will reach shortly.
I was also considering the amendments proposed by the hon. Member for Rhondda (Chris Bryant). One of the great advantages of having an overnight break is that we can look back at the Official Report and read what the protagonists have said. I looked back through the report of the 50 minutes that the hon. Gentleman took in proposing his amendments and found that he did not, as I had suspected, mention them once during those 50 minutes. We know not from him what the content of the amendments is. So I propose to move on from the hon. Gentleman to the right hon. and hon. Members who contributed something positive to the debate.
Much of what we heard was about registration and the fact—it is a fact—that many people do not appear on the electoral register. The hon. Member for Blackley and Broughton (Graham Stringer)—I am glad to see him in his place—made clear his view on that, and said, I think, that we were moving to a system whereby 3.5 million people are not on the register. I disagree with him about that. We are not moving to a system whereby 3.5 million people are not on the register; we are already at that stage, and have been for a very long time. The disgrace is that we have been so unsuccessful in dealing with the parts of the country where registration is insufficient.
My hon. Friend the Member for St Ives (Andrew George) set out some of the reasons why we will never achieve 100% registration, given the difficulties involved. He is absolutely right, and I do not disagree with his analysis in any way. That is why the Government are introducing proposals at least to help the process and get as many people as possible on to the register.
The difficulties that we have with the amendments fall into two groups. They would change the basis on which boundary reviews are effected, moving away from the number of registered electors to some other basis, whether an estimate of eligible electors or an estimate of population. Alternatively, they suggest that we delay the process and make it longer, by a variety of mechanisms. I do not believe that that is the right way forward. The proper course of action is to ensure that the register is as accurate as possible. As I have said, the Government are taking action to improve the registration system.
Amendment 125 would require the boundary commissions to use an estimate of eligible electors, to be provided by the Office for National Statistics. The ONS does not at present make any estimate of eligible electors. Census data are available, but a census is carried out only once a decade, does not cover eligibility to vote and may contain inaccuracies. Indeed, in evidence to the Political and Constitutional Reform Committee, the secretary of the Boundary Commission for Scotland said that there would be “significant practical problems” with using population rather than registered electorate for the purposes of the boundary review. It was mentioned that the electoral register is published annually, whereas the census, which does not record whether a person is eligible to vote, is published every 10 years.
Delaying the boundary reviews would simply make the information on which they are based more inaccurate. The general election held last May was based on electoral registration data 10 years out of date. That cannot be right, and that is my difficulty with amendments 341 and 342, tabled by my hon. Friend the Member for Leeds North West (Greg Mulholland). Those amendments would not only delay the initial review, but halve the frequency of such reviews, by requiring the boundary commissions to report before 1 October 2018, instead of 2013, and every 10th year after that, instead of every fifth year. That would simply make an unacceptable situation worse.
The Government’s proposals build on the existing arrangements for boundary reviews, which have been based on the electoral register for decades. It is right that we take action in support of complete and accurate registers, and the Government are taking that action. On that basis, I urge right hon. and hon. Members not to press their amendments.
We have had 51 speakers—or rather, 52, counting the Deputy Leader of the House, who has just spoken. Despite his rather petulant and “ad hominate” speech last night, we have none the less had a good debate. He did, however, correctly excoriate me for not fully adumbrating the amendments that we tabled. That was partly because I took 31 interventions, more than half of which were from Government Members, but perhaps it would be of assistance if I were now to explain precisely why our two amendments are important.
The Deputy Leader of the House was quite right last night to say that our two amendments, 127 and 135, which refer to different parts of the Bill, are not necessarily readily comprehensible at first sight—partly because one refers to clause 8 and the other to clause 16. Both appear at different points in the amendment paper. Consequently, Members will have to turn to pages 429 and 445 to find them.
Amendment 127 would include in clause 8 the words
“within twelve months of part 2 of the…Act…coming into force in accordance with section 16(2) thereof’.”
In other words, the Boundary Commission would produce its report within 12 months of an addition to clause 16(2), which we would insert through amendment 135, stating,
“after the referendum on the determination of powers devolved to the National Assembly for Wales under the terms of the Government of Wales Act 2006”.
The Deputy Leader of the House rightly told me off last night for not explaining precisely why we believe that that is important. As I tried to say in yesterday’s debate, historically, we have constructed Parliament in this country by determination according to the four different constituent parts of the Union. That has included the representation that each part requires in order for the Union to be solid and hold together, which is precisely what happened in the 1536 Act of Union, the 1707 Act of Union and the 1801 Act of Union. With all three, the first thing determined was how much representation there should be from Wales, Scotland and Ireland. Obviously, that was subsequently changed with the creation of the Irish Free State.
The further change to Scottish representation occurred when we introduced devolution, so, following the Scotland Act 1998, it was agreed that because a variety of powers would be given to the Scottish Parliament, it was right and proper for the number of seats that Scotland accounted for in the Westminster Parliament to be reduced.
The first referendum in Wales on devolution brought about the creation of the National Assembly for Wales, which does not have law-making powers or enjoy any powers over crime, justice or policing, so it is a somewhat different body from the Scottish Parliament. However, there is a proposition that follows on from the Wales Act 2006, and it will be tested in a referendum, which the Government have said will take place in the first quarter of next year, but for which as yet no date has been set. The Welsh Assembly Government have requested that it should be on 3 March, but the Secretary of State for Wales has not yet assented to that. We do not know whether a date has been agreed or whether the referendum will proceed. The date of 3 March may well be problematic, as—how can I put it?—it sometimes rains in Wales in March. Sometimes we have fairly excessive conditions in large parts of Wales at the beginning of March, so the date may well end up being inappropriate.
However, be that as it may, we need to be assured of what powers the Welsh Assembly will have if we are then to have a coherent Union-based understanding of how much representation there should be from Wales in the Parliament of the United Kingdom of Great Britain and Northern Ireland. That is why we have tabled the two amendments, and I shall press them to a Division, because I have not heard anything from the Deputy Leader of the House to alter my opinion that we should proceed on a Union-based understanding of how we create this House, not on a purely mathematically based assumption.
Further to that point, does my hon. Friend recognise that because of the arithmetical formula, the Bill will ensure not just that boundaries will change every five years, but that the number of seats allocated to each Boundary Commission could change? The number of seats in Northern Ireland could go up in one review and down in another, and that in turn would affect the seats in the Northern Ireland Assembly, because the constituencies of the Assembly and of Parliament are absolutely coterminous. The proposal will create havoc.
The seats in the Welsh Assembly are coterminous with those for this Parliament at the moment, although there is a provision later in the Bill to change that through decoupling. That is something that we must analyse. My hon. Friend is right that there may be a change in the number of seats between each segment. If there is a boundary review every five years, there might well be a change in the number of seats, and in the end I am not sure whether that is likely to lead to a more stable constitutional settlement between the four constituent parts of the Union.
There are those who like to think that there is just the Union, not any constituent parts, and there are those who want to think that there are just the constituent parts—which should not be constituent parts but independent. However, I believe that they are constituent parts of the whole, and I say gently to Ministers that the way in which they are proceeding in relation to some parts of the Union is not likely to aid the Unionist cause. It will be detrimental.
We do not say that the provision in our amendments should be introduced solely if the referendum is successful in granting further powers to the Assembly.
To be entirely clear, is it Labour party policy that England be under-represented in this House?
No, it is not Labour party policy that anywhere be under-represented. We believe, as I said yesterday evening, that it is important to achieve greater equalisation of the number of voters in each electorate, but that should not be a purely mathematical exercise. Where there are overriding concerns, those should be brought into play. Indeed, the Government agree to some degree, because they have created a degree of exception for Northern Ireland and a completely different set of exemptions for two seats in Scotland, which, according to the Government’s interpretation of the situation—and, I presume therefore, the hon. Gentleman’s—will effectively create two rotten boroughs in Scotland. We think that if we are going to make exemptions, we should make a broader set of exemptions, rather than just those two.
To correct not only my hon. Friend but myself, I should say that I am reliably informed that three seats are involved. There is another seat; there is a rule that applies only to that seat on geographical grounds. That does not apply in Wales, where, as I am sure my hon. Friend will agree, a seat could well stretch from one side to the other if the population density was low.
My hon. Friend is right to correct me. I accept the admonition that three seats are being created in this way. I do not think it inappropriate for those seats to exist. But the logic of the Government’s argument—that there should be complete mathematical purity—leads one to suppose that they can only think that they are creating three rotten boroughs.
I detected a form of back-pedalling in the hon. Gentleman’s answer to the hon. Member for Alyn and Deeside (Mark Tami). I assume that he is not saying that Labour’s policy is that the islands of Scotland are rotten in some way.
No. The hon. Gentleman knows that personally I have a great affection for the islands; indeed, many of my ancestors came from Lewis. But that is not the point. I am not trying to say that Scotland is in any shape rotten; I am merely trying to say that there is an illogicality in the argument that the Government are presenting. They are trying to say that we should have mathematical purity everywhere—except where we should not have it. I am trying to say that we should strive towards broad equality of representation in each of the seats. However, other considerations need to be brought to mind, and that should apply not only to the seats that I mentioned, but to some others as well.
I want some clarification. Does the hon. Gentleman agree with the sensible exceptions that have been made for Na h-Eileanan an Iar and Orkney and Shetland? Yes or no?
Yes, I do. As the hon. Gentleman knows perfectly well, we have tabled amendments that would include his seat, but also include others. He is a sage man and I know that he would want to pursue the logic of the creation of his own seat so as to make exactly the same exemptions in some other cases where there are overriding concerns—in the Isle of Wight, for instance. That is the nature of the amendment that we have tabled elsewhere.
Could we put it this way? Given that the Government have already conceded that there are exceptions to the numerical rule, would it not be better to give the judgment to the Boundary Commission, which could not be perceived to have any vested interest? It could make the judgment on where exceptions should and should not apply, rather than the Government laying that out in the Bill.
The hon. Lady speaks with almost as much sagacity as the hon. Member for Na h-Eileanan an Iar (Mr MacNeil). I agree with her that there is no logic to how the exceptions have been laid out. The Boundary Commissions should be given a certain latitude while striving towards a greater equalisation of the number of electors in each constituency.
Does my hon. Friend find it surprising that the Bill comes from a party that is meant to be committed to the Union and that that party’s parliamentary colleagues will be involving themselves in the destruction of the historic Duchy of Cornwall along the same lines?
My hon. and historical Friend is absolutely right. That adds to my argument, and to arguments that I shall hope to adduce later. As I said, there need to be some exemptions where there are overriding geographical, political or cultural issues that need to be resolved.
One of the overriding political issues is the bonding together of the Union, which historically has taken into consideration the existing political structures in Wales, Northern Ireland and Scotland. That is why we have tabled amendments 127 and 135, which would mean that the Boundary Commission would not be able to proceed until the referendum had happened in Wales. In that way, we would know that there was a settled view about what powers the National Assembly for Wales would have.
There are other amendments in this group. In particular, the hon. Member for Leeds North West (Greg Mulholland) has tabled amendments 341 and 342, either of which I would be happy to support; I very much hope that he will press one of them to a Division.
The hon. Gentleman made an important point in his contribution to the debate when he said that we have only just had a boundary review and we are to have another by 2013, which seems rather a fruitless exercise. He is absolutely right; it would be better if we did things on a longer time scale, and towards 2018. That point relates to his amendment 341. His amendment 342 would mean that instead of having reviews every five years, we should have them every 10 years. I say to hon. Members who are hard and fast in their view that we should have a full boundary review, every five years, on the basis of purely mathematical, arithmetical equations, that that would put every single parliamentary seat in doubt every single time. It may not be that every single one is changed every time, but a large number probably would be. The danger is that that gives rise to a conflict when an hon. Member knows the seat that they will be fighting at the next general election and they want to get in touch with the voters in that seat not as an MP but as a candidate. That is likely to lead to a considerable number of unfortunate circumstances in the way that Parliament behaves. It was difficult enough in the last general election, when the Speaker and the courts had to intervene in two cases in London where boundaries had been redrawn and MPs wished to be able to correspond not as an MP but as a candidate, and the sitting MP objected to that intervention.
Does the shadow Minister agree that over, say, a 20-year period of four Parliaments one community could find itself in four different constituencies and have four different MPs, not because an MP is deposed but because the constituency boundaries are being changed to ensure that all the arithmetical figures stack up? That breaks the strong and important link between the constituency MP and the local electorate.
Absolutely. Particularly in many rural areas where the difference between reaching the mathematical perfect number and not reaching it might be 1,500 or 3,000 votes, a medium-sized village or small town might have to be divided in half, or a river might run across the constituency and new polling districts might have to be created. A whole series of different issues might mean that the individual voter ultimately ends up being less confident about knowing who their political representative is.
The hon. Member for Epping Forest (Mrs Laing), who knows that I have a great respect for her—I waited until she took her seat before referring to her—made several points, one of which related to the fact that we should not be redrawing the seats for our own convenience. She is absolutely right. We should, however, ensure that the political boundaries for constituencies are for the convenience of our electors. Our electors do not think in terms of lines on a map but in terms of political communities, cultural connections and social connections, and where the roads go and do not go. If one is to bind together little bits of geography just because they sort out a perfect map according to mathematical excellence, one might assist the convenience of the Boundary Commission, but one will not necessarily assist the convenience of voters, who want to know and understand who their Member of Parliament is—and it is better that they do. I know that there are split wards, but it would be better if there were not.
My hon. Friend suggested that there would be changes every five years but that that might not affect every constituency. Does he agree that, for example, a constituency in the south that grew because of population changes and migration would necessarily have a nudging effect on contiguous boundaries and a domino effect all the way up the country, and that because it is likely that virtually every seat will change every five years during the 20-year period that my hon. Friend the Member for Sedgefield (Phil Wilson) mentioned, one’s constituency might move around the country? [Interruption.]
Members on both sides are laughing because my hon. Friend has of course moved around the country himself, so I will assist by saying that I know that the people of Wales welcome him back to his home town.
My hon. Friend is absolutely right to say that where there are significant changes in the population there will not only be effects for one constituency but potentially nudge-on effects for many others, which may move from one county council or one borough to another. In part, we have to accept this. Rhondda used to have two parliamentary seats, Rhondda East and Rhondda West, and then we moved down to one parliamentary seat because the population fell dramatically. I do not believe that the boundaries of parliamentary constituencies in Wales or anywhere else should be written in stone—of course we have to move with the population flows. However, if we move forward precisely like this, without any kind of exemption, one constituency in Wales will represent at least a third of the geographical area of Wales. That would be unacceptable. It would cover several counties, which are unitary authorities in Wales, and would include areas that are, and feel themselves to be, virtually in England, and a large part of Wales that is fiercely proud of its Welsh language heritage. That would be an inappropriate direction in which to move.
Does my hon. Friend agree with what the women’s institute has written? As I am sure all hon. Members know, anyone who dares to suggest that the women’s institute is party political will have their come-uppance, but it has expressed great concern about the effect that the changes will have on rural communities, because natural geographical boundaries will be cut up.
Tony Blair learned that one should not really mess with the women’s institute, and I have no intention of doing so, but my hon. Friend is absolutely right. Large parts of her constituency are very rural, and chunks of mine are semi-rural—everybody in the Rhondda lives within about 200 metres of a farm. Surely the point is that overriding concerns must be able to trump mathematical perfection, not entirely but to a degree. The Government have already accepted that in relation to three constituencies, but it should apply more widely.
My hon. Friend the Member for Blackley and Broughton (Graham Stringer) has tabled amendment 38, which refers to registration. A lot of Members talked about under-registration yesterday afternoon, and the Deputy Leader of the House has just mentioned it. I am glad he accepts that some 3.5 million people are not on the register and should be. I make no pretence that we got it right when we were in government. Indeed, some of us—particularly one of my hon. Friends, who is probably about to intervene on me—quite rightly argued aggressively in the last Parliament that many people are under-represented on the register. The danger is that they will therefore be under-represented in Parliament and their concerns will not be taken on board.
My hon. Friend says that we did not do as much as we could have done, and I agree, but we did do some things in the past 13 years. In the Electoral Administration Act 2006, we examined what electoral registration officers were doing and measured them in 26 fields. That process was long and slow, but now we are beginning to examine what they achieved so that we can fine-tune the process. However, the current proposals are being rushed through.
We also listened to the then Opposition. When they wanted individual registration, we opposed it at first but then said that because of political balance we would introduce it. We said that it would happen in 2015 and that we would put measures in place to increase registration over the five years until then. All that bipartisanship has been shattered by the governing parties for party political gain and to pursue a little English coup.
Order. I think that intervention was a bit long.
But it was very good, Mr Hood, and spot on. I hope that some coalition Members accept that when we were in government, we tried to co-operate on electoral registration. When the hon. Member for Epping Forest spoke for her party on the matter, she did so very effectively and we tried to co-operate and reach agreement when we could. We agreed that we would move towards individual registration, but I am concerned that the new Government’s message about registration is, “Yes, we want everybody to register, but it doesn’t really matter if you don’t. We’re going to get rid of the fine for somebody who does not send in their form, and registering is almost entirely optional.” That is a shame, because as I tried to say in a debate that the hon. Lady secured in Westminster Hall earlier today, we sometimes take our democracy for granted all too easily.
My hon. Friend is right to point to the Bill’s partisan nature. Did he hear anything from the Chancellor about allocating extra resources to increasing electoral registration in December, or perhaps for the wonderful democracy festival that the hon. Member for Bermondsey and Old Southwark (Simon Hughes) talked about?
No—I heard exactly the opposite. I think that there was a reference to a 7% cut in local authority funding every year for the next four years. My concern is that, because all too often we take democracy for granted, when local councillors have to decide whether to spend £100,000 on keeping a swimming pool open or on a really good door-to-door canvas to ensure that everybody is registered, they tend to keep the swimming pool open. Although I fully understand such decisions, which will be difficult for many councillors in the next four years, unless one values democracy and spends money on it, one does not get a proper representative democracy. That is why Labour Members believe that amendment 38 is important. Unless the Electoral Commission is satisfied that there is proper registration and that proper measures are being taken to ensure full registration of all eligible voters in this country—and for dealing with those who are on the register but should not be—the Boundary Commission should not be able to produce its report.
My hon. Friend the Member for Swansea West (Geraint Davies) tabled amendment 125, which refers to the census. Earlier, the Deputy Leader of the House said that he did not agree with the amendment because the census happened every 10 years, which might have led one to believe that there would not be one for 10 years, but of course, one will be held next year. The information may not be available immediately, but surely it would be bizarre if we found that the number of those eligible to vote in individual areas of the country was dramatically higher than those registered to vote, and that those areas were significantly unfairly under-represented in the House because the Government chose to proceed on only one element.
My amendment would provide for the Office for National Statistics to conduct an assessment of the number of eligible voters. It would use the register of voters alongside the census and other data sources to get the best estimate. It might not be perfect, but it would be better than the current suggestion.
Precisely. That is one of the things that the Boundary Commission should consider.
One other issue was mentioned in yesterday’s debate. I am sorry to refer to the hon. Member for Epping Forest for a third time, but she got rather cross with me in yesterday evening’s debate, so I merely wish to respond to one of her comments. She said that the point about the number of Members of Parliament in a particular area and the casework that they took on was not a matter of substance. Various hon. Friends suggested that some of those who are not eligible to vote often provide much of the casework in a constituency. Consequently, there is an argument about the role of the Member of Parliament, which should be considered before reaching the precise matter of how the boundaries are drawn. The hon. Lady said that it would be good if we reduced the number of Members of Parliament and achieved equalisation of the electorate in each constituency, and that if a problem remained with casework, we could give Members of Parliament more staff. [Interruption.] I think that the hon. Member for Brecon and Radnorshire (Roger Williams) says, “Hear, hear” because he wants more staff to work for him.
I am concerned about the hon. Lady’s view because the role of a Member of Parliament has completely changed since the days of Stafford Cripps, and casework is an essential part of the job. Simply hiving it off to a member of staff, without the Member of Parliament’s being directly involved, distances Members of Parliament from the real life that goes on around them. Simply replacing Members of Parliament with paid staff is not the right route.
I am keen to press our amendments to a Division. I hope that hon. Members will agree that mathematical excellence is not the only way in which one should proceed towards creating new boundaries for the House of Commons, and that other considerations need to be borne in mind. I hope that I can rely on the Committee’s good sense.
On a point of order, Mr Hood. I should like to press amendment 38 to a Division. What is the appropriate time to move it, if I am allowed so to do?
Now that the hon. Gentleman has given notice that he wishes to press his amendment to a Division, I will invite him formerly to move it when the Division on amendment 127 is over.
Further to that point of order, Mr Hood. Does that also apply to amendment 341 or 342?
Yes, certainly.
Question put, That the amendment be made.
I beg to move amendment 234, page 7, line 17, at end insert—
‘(5AA) The draft of an Order in Council laid under subsection (5A) above may only give effect to the recommendations contained in all four reports under subsection (1) above with modifications, where those modifications have been made with the agreement of the Boundary Commissions.’.
This amendment has been tabled in the names of members of the Select Committee on Political and Constitutional Reform. The Chairman of the Select Committee, the hon. Member for Nottingham North (Mr Allen), is sadly unable to be in here this afternoon and so I have undertaken to move the amendment on behalf of his Committee.
The Select Committee, as the Committee well knows, carried out a necessarily brief and swift but in-depth consideration of the Bill. In order to try to be helpful to the House and the Minister, we tabled several amendments that we believed ought to be considered and that we hope will improve the Bill. The purpose of amendment 234 is to reflect paragraph 139 of the Select Committee’s recently published report, which states that
“the power of the Executive to depart from the recommendations of an independent statutory body should have clear statutory limits to prevent abuse for partisan advantage.”
I am sure the Committee will agree that that is a matter that ought to be drawn to the attention of the Minister and of hon. Members.
I ask the Minister where the justification lies for the Government’s retaining such a wide-ranging power to depart from the Boundary Commissions’ recommendations. Although I would assert that I have every confidence—as does the Select Committee—that the current Government would always act in this matter in an honourable, straightforward and democratic way, may I nevertheless ask the Minister on behalf of the Select Committee what safeguards exist against any future Government’s misusing such a power to their partisan advantage. It would be helpful if the Minister would consider those questions, and I am sure that the Committee will be eager to know the answers.
First, let me briefly comment on the fact that before you took the Chair, Mr Hoyle, we had a former miner in the Chair and two Tellers who were also former miners, so, as the MP for the Rhondda I felt quite at home. But that has absolutely nothing to do with the amendment, I am afraid.
The amendment has been charmingly moved by the hon. Member for Epping Forest (Mrs Laing), who is absolutely right. This is an issue that I have tried to raise on several occasions—
Not so charmingly.
The Minister says that not so charmingly himself, so the favour goes back to him.
Under the clause, new subsection (5A) would read:
“As soon as may be after the submission of all four reports under subsection (1) above that are required by subsection (2) above to be submitted before a particular date, the Secretary of State shall lay before Parliament the draft of an Order in Council for giving effect, with or without modifications, to the recommendations contained in them.”
So the Boundary Commission will bring forth its report, there will be no public inquiry and the Minister will then bring forward the boundaries with or without modifications. It is the phrase “with or without modifications” that I have difficulty with, and clearly the Select Committee does too.
The hon. Lady mentioned that her Committee had to do its business very swiftly. Indeed, I think it had only five days in which to undertake a whole inquiry. That is one reason why I believe the Bill is being taken through with undue haste. A substantial number of amendments have been tabled and will be considered on Monday, but we already know that some of them are inaccurate and will be modified when the Government bring forward territorial statutory instruments in relation to Wales, Northern Ireland and Scotland. I very much hope that the Minister will enlighten us as to whether those statutory instruments will be subject to the affirmative or negative procedure. [Interruption.] That is not what will happen on Monday because the measures are not going to be debated next Monday at all, contrary to what the Deputy Leader of the House has just said from a sedentary position.
The Government believe that we should retain in present legislation the phrase “with or without modifications”. That is a pretty broad power.
With previous boundary reviews, there have sometimes been attempts at judicial review of elements of what the Boundary Commission has done. Most of them have been rejected, but we have to consider that that is a possibility and that minor modification might be required—or does the hon. Gentleman think that will not happen?
The hon. Gentleman makes an important point about the due process that needs to be gone through. I believe that we need a due process in relation to the Boundary Commission, because it might proceed incorrectly according to the rules that are laid down for it, it might proceed in a partisan manner or it might not consider all the factors that need to be considered. That is why we have heretofore always had a system of public inquiry, and not just written reports being sent in. That is essential for there to be utter confidence in the process that the commission goes through. He is absolutely right that there is also, sometimes, a process of judicial review. I suspect that if the Government push through the Bill in the partisan way that they are doing, without any provision for public inquiry, the likelihood of a judicial review being sought in many constituencies in the land will be very high indeed.
The hon. Gentleman might say that that is a good reason why the Minister needs even more power to draw constituency boundaries as he thinks fit. Unless the Government can be shifted from this view—whether that happens in this House or in the other House—we shall almost inexorably end up with no due process, other than the recourse that people might have to the courts.
The Minister will probably tell us that the Government need this power because apostrophes and commas are sometimes put in the wrong place and there are inadvertent errors. That is why the amendment, which was tabled by several members of the Political and Constitutional Reform Committee, is perfect: it simply says that the Minister, if he or she wishes to make any modification, must return to the Boundary Commission and ask, “Are you okay with this amendment?” If Ministers were in a conciliatory, cross-party mood, they would accept the amendment.
I fully understand that the precise wording they propose is that of the current legislation. That is fine when due process can go on after the boundary commissions have done their work—for example, public inquiries, where the public can have their say on the boundary commissions’ proposals. Where that does not happen—that is the intention of the Bill, although it is something that we shall return to later—it is important that there is a bind on Ministers, so that they are not entirely free to dream up any kind of modification that they might want; otherwise, strictly speaking in law, I guess that Ministers would be perfectly at liberty, if they felt that the boundary commission had got something slightly wrong and representations were made to Ministers, to make such modifications as they thought fit.
I do not know whether my hon. Friend is familiar with the situation in the United States, where there is no boundary commission and state legislators draw up in a partisan, political way each state’s congressional districts. Does he agree that we are starting down a slippery slope and that we will end up with a partisan political set of redistricting—to use the American phrase—if the boundary commission’s authority is not protected?
That will happen not just if we do not have the boundary commission’s public inquiry process, but if this element of the Bill remains without the amendment. My hon. Friend is absolutely right. In the United States of America, because there is a redrawing each time, there are many instances where the incumbents effectively draw boundaries to protect themselves. Therefore, two Hispanic communities that might be thought to vote Democrat could be linked, because boundaries must be contiguous, by a single side of a road, thus creating bizarrely shaped constituencies. That is why, as I am sure hon. Members know, one of the congressional districts in Massachusetts that was drawn up by Governor Elbridge Gerry in the 19th century was shaped like a salamander—hence the term “gerrymander”. In fact, it looked more like an eagle than a salamander.
This provision, as constructed in the Bill, will specifically allow Ministers to gerrymander. It is entirely partisan. It will allow Ministers—indeed, it encourages them—to be partisan. [Interruption.] The Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper), says from a sedentary position what I have already said. He says, “We aren’t changing anything.” He says, as I have said, that the provision is in the existing legislation—it is—but if he would just listen to the end of the paragraph, he would understand and learn that, in fact, the difference between the legislation that he is advancing and the existing legislation is that he will allow no due process. There will be no public inquiries. Consequently, I do not think that the electorate will have confidence in the way the commission draws up boundaries and, thereafter, in the way that Ministers are allowed by their legislation to make such modifications as they see fit.
The Minister may be able to satisfy my concerns by saying that there is legal provision to prevent a member of the Government from doing anything that the Boundary Commission disagrees with, but I do not think he will be able to, because I cannot see where the Bill or any Act makes such a provision. That is why we wholeheartedly support the amendment presented by the hon. Member for Epping Forest. We believe intrinsically that it is one of the most important amendments to the Bill, and I do not know whether she intends to press it to a Division, but if she does not we certainly shall.
These are minor amendments to clarify the position on ministerial responsibilities in relation to the constituencies provisions of the Bill. Responsibility for elections law, including parliamentary constituencies, is now exercisable by the Lord President and the Secretary of State, as my right hon. Friend the Deputy Prime Minister, as Lord President of the Council, now has responsibility for political and constitutional reform. That was effected by the Lord President of the Council Order 2010, which provides that functions under various Acts, including the Parliamentary Constituencies Act 1986, are exercisable concurrently by the Lord President and the Secretary of State. In the case of that Act, “the Secretary of State” includes the Secretaries of State for Scotland, Wales and Northern Ireland, who retain functions relating to boundary commissions in their parts of the United Kingdom.
The order states that references to the 1986 Act include references to it as amended by any enactment already made but not yet in force. It is arguable that that implies that such a reference does not include a reference to that Act as amended by a subsequent enactment. The amendment therefore provides that the reference to the 1986 Act in the order is to be read as a reference to the Act as amended by the Bill.
Amendments 163 to 167 are to clause 11 on the relationship between the changes to parliamentary constituencies and the constituencies of the National Assembly for Wales. They make similar changes to those in the Lord President of the Council Order 2010, so that the clause refers to both the Secretary of State and the Lord President of the Council, and not just to the Secretary of State. That is done in the same way as in part 1 of the Bill, which provides that the Minister means the Lord President or the Secretary of State. I hope that that is perfectly clear to the Committee.
These amendments seem perfectly sensible and we have no problem with them. We hope that they will go forward immediately.
Amendment 162 agreed to.
Question put forthwith (Standing Order No. 68), That the clause, as amended, stand part of the Bill.
I welcome your opinion, but you cannot discuss amendments that have not been selected.
Clause 9
Number and distribution of seats
I beg to move amendment 364, page 7, leave out lines 27 and 28 and insert—
‘UK Electoral quota
1 The UK Electoral Quota shall be defined as the total electorate of the United Kingdom on the designated enumeration day divided by 650.’.
With this it will be convenient to discuss the following:
Amendment 41, page 7, line 28, leave out ‘600’ and insert
‘gradually reduced to 600 in accordance with the terms of rule 1A.
1A (1) In each periodic report submitted by a Boundary Commission under section 3(2), the overall number of constituencies in each part of the United Kingdom shall be no more than in the previous report.
(2) The Boundary Commissions shall meet at the outset of each periodic review to determine the overall number of constituencies in the United Kingdom, and the number to be allocated to each of the four parts of the United Kingdom by each Commission, in accordance with rule 8.
(3) The Boundary Commissions shall ensure that the overall number of constituencies in the United Kingdom is reduced in each succeeding periodic report to no more than 600 by 2029 in their fourth/fifth periodic reports.’.
Amendment 67, page 7, line 28, leave out ‘600’ and insert ‘585’.
Amendment 74, page 7, line 28, leave out ‘600’ and insert ‘500’.
Amendment 227, page 7, line 28, leave out ‘600’ and insert—
‘no fewer than 588 and no more than 612’.
Amendment 259, page 7, line 28, leave out ‘600’ and insert ‘650’.
Amendment 42, page 7, leave out lines 35 to 37 and insert—
‘U/T where U is the electorate of the United Kingdom minus the electorate of the constituencies mentioned in rule 6 and T is the overall number of constituencies in the United Kingdom determined by the Boundary Commissions under rule 1A above.’.
Amendment 68, page 7, line 35, leave out ‘U/598’ and insert ‘U/583’.
Amendment 75, page 7, line 35, leave out ‘U/598’ and insert ‘U/498’.
Amendment 260, page 7, line 35, leave out ‘U/598’ and insert ‘U/648’.
Amendment 228, page 9, line 40, at end insert—
‘Variation in number of constituencies
8A (8) A Boundary Commission shall have power to recommend that the number of constituencies in the relevant part of the United Kingdom should be greater or smaller than the number determined in accordance with the allocation method set out in rule 8.
(9) The number so recommended must be no less than 98 per cent. and no more than 102 per cent. of the number so determined.’.
Amendment 364 would replace the first subsection of clause 9, which states that the number of constituencies in the United Kingdom shall be 600, with the proposal:
“The UK Electoral Quota shall be defined as the total electorate of the United Kingdom on the designated enumeration day divided by 650.”
I am sure that all hon. Members will note that 650 is the present number of Members of Parliament, as opposed to the 600 that the Bill proposes. I am opposed for a series of reasons to the Government’s proposal to change the number of seats and to fix it at 600. First, they are rigging the number of seats. The 600 seats figure did not appear in any party’s manifesto. The Liberal Democrats mentioned 500 MPs in their manifesto, while the Conservatives had a manifesto commitment to reduce the number of seats by 10%, which would have taken the number down to 585. Neither of those figures is in front of us. Why might that possibly be? If those two parties were doing a deal, it would be reasonable to assume that we would end somewhere between the 500 seats mentioned in one manifesto and the 585 mentioned in the other. In fact, they have gone for a completely new figure, which seems to have been plucked out of the air.
Does the hon. Gentleman accept the possibility that the compromise arrived at might not have been one between us and the Liberals, but among us, the Liberals and the Labour minority that wanted 650 seats?
Well, I would have been absolutely delighted if any process of consultation with Labour Members had taken place on the issue of the size of Parliament. Such a process has always taken place in the past and if it had done so this time, I would have ardently supported the Bill. However, absolutely no consultation has taken place. The number has not been plucked out of the air—it is a partisan number, arrived at solely to rig the electorate so that the Government will win general elections in the future.
Does the shadow Minister have any evidence whatever to back up his allegation?
All the hon. Gentleman need do is look at the figures produced by many bodies, which make it abundantly clear.
Given that this is indeed a partisan figure plucked out of the air, which appeared in neither of the governing parties’ manifestos, does my hon. Friend think that the Salisbury convention will apply in the other place? This provision has not been mandated by the people, so, under the Salisbury principle, it should not necessarily pass through the other place.
I hope that the House of Lords will look at this sort of measure. Historically, it has always looked at measures coming from the House of Commons, where the Government enjoy a majority by definition. Where the Lords have thought that legislation was calculated for partisan advantage, they have sought to look at it very closely. On many occasions in the past they have sought to change such legislation and make the House of Commons think again. As to the Salisbury convention, one problem is that it is difficult for the Lords to work out what counts as having been in a manifesto, given that two of them are now relevant. However, the number of seats specified in the clause did not appear in either manifesto, so this does present a problem.
There is a further problem. In recent years, it has been unusual for the Government to enjoy a majority in both this House and the other place. By virtue of the fact that there are now two parties in government, there should ostensibly be a majority in the House of Lords. I am very confident, however, about their lordships’ capacity for independence of mind, regardless of the whipping arrangements.
The other reason why I believe the system is being rigged, which is why I am opposed to the reduction from 650 to 600 seats, is on account of the double whammy that will apply to some parts of the United Kingdom. I am sorry if hon. Members feel I talk too much about Wales—I was about to say that I make no apology for saying that, but I have already apologised. My point is that Wales faces a double whammy. If the number of parliamentary seats had to be reduced, I would have thought that no single part of the country—particularly a constituent element of the Union—should be so disproportionately affected in one fell swoop. Reducing the number of parliamentary seats in Wales by 25%, while no other part of the United Kingdom is to suffer such an immediate cut, will be detrimental to the relationship between Wales and the rest of the United Kingdom and will merely inflame the thoughts of nationalism that already exist in Wales.
Did not the last Labour Government reduce the number of seats in Scotland, while making no changes anywhere else in the United Kingdom?
The hon. Gentleman knows perfectly well that the number of seats in Scotland was reduced as a result of lengthy consultation there, not just of political parties but of the whole of society. There was a long convention that lasted for several years before the 1997 general election, which led to the Scotland Act 1998, the referendum, the creation of the Scottish Parliament—of which we are very proud—and, in exchange for that, a reduction in the number of seats in Scotland. The hon. Gentleman has just voted against a measure that would have prevented the Boundary Commission from reporting until after a referendum had been held in Wales on the powers that should be available to the Welsh Assembly. There is an inconsistency in what he is arguing.
The hon. Gentleman speaks of inconsistency. Is it not ironic that he should use the word “disproportionate” to describe what would happen in Wales as a result of the Bill, given that what would actually happen is that proportionate weight would be given to Welsh votes, as to the votes of any other electors in United Kingdom?
As I tried to argue earlier and will argue again, that simply is not the way in which, historically, we have put together the Parliament of the United Kingdom of Great Britain and Northern Ireland. I think that that is an important principle. If one is a Unionist—
Just one moment.
I know that the constituency of the hon. Member for Corby (Ms Bagshawe) contains many people with Scottish ancestry, but I do not think that she is entirely versed in the dangers of nationalism that exist in Scotland and Wales. I merely say to her, in a gentle way, that if she really wants to maintain the strength of the Union, we ought to proceed differently.
I agree with what the shadow Minister is trying to achieve, and, if the Committee divides on the amendment, I shall vote against the reduction. However, for two reasons, I am not sure that he is making a terribly good case.
We have discussed what happened in Scotland in 2005. There was not a great Unionist upsurge there when there was a 20% reduction in the number of seats specifically in Scotland and in no other part of the United Kingdom. Does the hon. Gentleman not recognise that his is not a terribly strong argument?
The Welsh position has been maintained since we drew up the constituencies. There were 38 protected constituencies there until 1983, and 40 thereafter. The position of Wales has been protected, and it is massively over-represented. That is the reason for the move to equalise the size of electorates, which I also fully support.
This is what I meant by the double- whammy element. Wales is caught both by the equalisation of the number of seats—we are not debating that now, but we will when we deal with the next set of amendments—and by the reduction in the number of seats. The net effect for Wales is that the number of seats will be cut by a quarter.
That presents some specific problems for Wales. It has already proved impossible for the present Government to ensure that the Secretary of State for Wales represents a Welsh seat—although I admit that she is Welsh—and it will become increasingly difficult to do so in the future. Because Wales, unlike Scotland, has never had a separate legal system, the Welsh Affairs Committee has to do a large amount of work, and that will continue. I think that it will be difficult to meet those needs with only 30 seats.
I am not arguing for the status quo in the number of Welsh seats. I am merely trying to present an argument, and I am sorry that it does not appeal to the hon. Gentleman. I hope that further elements of my speech will appeal to him more.
No one is a more ardent Unionist than I am, and I fully understand what the hon. Gentleman is saying about Wales, but he must look at the arithmetic, which is inescapable. There will be a larger reduction in the number of seats in Wales than, proportionately, in the rest of the United Kingdom because, at present, the people of Wales are over-represented in the House, as well as having a devolved Assembly, or Parliament, of their own. The hon. Gentleman cannot argue that it is right for the people of Wales to have smaller constituencies and more Members of Parliament in the House of Commons than the people of most of England and Scotland. That simply does not make sense.
As the hon. Lady knows, there are differences between Wales and Scotland: Scotland has a Parliament which also has powers over crime and justice, which Wales does not have; Scotland has a completely different legal system, which Wales does not have; and it raises taxes, which Wales cannot do. It is a very different system, therefore.
Let me reiterate yet again that I am not saying that we want to hold to the status quo, but I think there will be a danger for the Unionist argument in Wales if we move forward in one fell swoop from having 40 seats to there being only 29 or 30. That would create problems for the future. Let me also say that I hope that Welsh Members work sufficiently hard that they provide value for the House, even though the hon. Lady thinks there are too many of us.
The Deputy Prime Minister keeps going on about this being the greatest constitutional reform legislation since 1832. The 1832 Act went on to equalise the size of constituencies but left the number of constituencies at 658; it did not reduce them at all. I believe the current Government want to reduce the number of seats in order to gerrymander the whole electoral system so that we do not have a Labour Government in the future.
My hon. Friend is absolutely right, except in one respect: the 1832 Act did not equalise the seats at all. In 1867, there was a discussion about equalising seats but that was decided against. The argument that was used then, and which has been used consistently in the past, is that it is more important for Members to represent communities than it is for there to be precisely numerically equal seats. Obviously that was, in part, because of the nature of the franchise at the time.
I am listening carefully to the case that the hon. Gentleman is making. He seems to be saying that he is quite prepared to see the number of seats reduced from 40. Will the hon. Gentleman give us some idea as to what figure he is prepared to see, therefore? It would be interesting to know exactly what figure the Opposition have in mind.
Several amendments in the next group refer to how one might make provision specifically for Wales, but there are other places we would like to make provision for, such as Cornwall and the Isle of Wight, rather than just the three areas the Bill covers. At present, however, I am specifically addressing the proposal to reduce the total number of seats from 650 to 600.
I will give way to the hon. Gentleman, but I hope shortly to be able to come on to some of the arguments that he likes more than those I am addressing at present.
Given that the hon. Gentleman’s concern is that this move would lead to an increase in Welsh nationalism, will he reflect on the fact that, prior to 1997, the rationale for having a Scottish Parliament was that that would somehow snuff out Scottish nationalism? The idea was not that there should be an Administration run by Scottish nationalists within eight years of the setting up of the Scottish Parliament. Therefore, the notion that not reducing the number of seats will be in the interests of those who do not want to see an increase in nationalism has not been borne out by the facts.
That was never my argument in favour of devolution in Scotland or Wales. My argument in favour of devolution was simply that it is better to devolve responsibility for issues that most directly affect people to the people who are most directly affected. That is why I thought it was right to establish the Scottish Parliament and the Welsh Assembly. I very much hope we will be snuffing out nationalism in Scotland come next May however, and I hope that the hon. Gentleman agrees with me on that.
There is one other reason why I think the diminution in the number of seats from 650 to 600 is a mistake, which is to do with the number of Ministers. At present, the law allows that there should be 95 Ministers, paid or unpaid, sitting in the House of Commons, and if there are any more, they are barred from sitting in the Commons. That is an important principle. The Executive, who—unusually compared with other such systems around the world—exclusively sit in Parliament, should be limited, as should the Prime Minister’s patronage. If we reduce the number of seats from 650 to 600 and do not change the number of Ministers, the proportion of Parliament—the legislature—that represents the Executive will grow.
I hope that we will be moving in the opposite direction, although part of me is being somewhat hypocritical because I was an unpaid Minister for a while when I held the post that the Deputy Leader of the House now holds. The advent of so many unpaid Ministers is a shame and the number of Parliamentary Private Secretaries has also increased dramatically in recent years. Prime Ministers have sought to find other ways of extending patronage by making people vice-chair of a committee or by all sorts of other means. That is wrong, because we should be limiting the power of patronage within the legislature, so that the legislature can do a better job—I argued that when Labour was in government and I am arguing it now. That is why reducing the number of seats from 650 to 600 without reducing the number of Ministers is a mistake.
Have we not now reached the crucial, salient point, which is that even in recent times Parliament has set not an absolute number, but a target—I believe that the last one was 613—for the Boundary Commission, so that an independent boundary commission, taking into account other criteria, can then set the boundaries? Is not the fundamental difference that this rather irregular Bill attempts to create an arbitrary number without building in that flexibility for an independent body to set this coherently?
My hon. Friend is absolutely right. This approach runs against the grain of how we have always done things in this House; the proposition has always been that representation in the British Parliament should be based on the communities that exist. There has been a recognition, first, that the shires needed representation. Irrespective of whether they were large or small, the shires always had exactly the same number of seats—at first they had two, then four for a while, then two again and briefly three. It was then said that towns had to be represented and the row was then about which towns genuinely represented communities. The big change in the 1832 Act was that this House said that we could not have rotten boroughs where, to all intents and purposes, there were no electors and the seat was granted by the landlord to whomever he thought fit, and instead we had to ensure that where there were genuine communities, they should have representation, with large communities having two seats and smaller communities having one.
In addition, specifically at the moments of union, this House decided that the communities involved needed representation. So under the Act of Union in 1536, when Wales was brought in, 44 Members of Parliament were allowed for Wales—it took them six years to get here, but they were here by 1542. After the Union with England Act 1707, Scotland had 45 Members—that was increased to 53 by the 1832 Act. Following the Act of Union (Ireland) 1800, Ireland had 100 Members, a number that subsequently increased to 105, reduced to 103 and was reformed again in the 20th century with the creation of the Irish Free State.
It is also important that we do not fix the number at 600 because of the way in which the Government have crafted their Bill. It rightly allows a certain flexibility, because the electorate of any constituency may be between 95% and 105% of the aimed-at electorate across the country.
Now, let us leave aside the question of whether it is right or wrong to be precise in one’s mathematics and whether a further provision should allow the Boundary Commission to say that where there is an overriding further concern, such as a geographical, cultural or political concern, further leniency or flexibility should be allowed. What happens if the Boundary Commission, when it starts its process in the south of England and works up through the country or, in the case of Wales, starts in the south and goes north—or starts in the north and goes south—decides that the first 20 constituencies are best representing 95% of the quota? Does it then have to start filling in some 105% of that quota? The danger is that it will end up having to start all over again. Every time there is a new Boundary Commission, it will have to start all over again, because there will be knock-on effects from one constituency to another.
That is why I think it is wrong to fix the number at 600. If hon. Members think there should be a precise equation between the electorate in constituencies, it would be better to say that every constituency should be roughly 75,000 electors, give or take 5% or 10%. The Boundary Commission could then conclude how many seats there should be as a result of that to meet the two requirements—first, getting close to the 75,000 and, secondly, any other overriding concerns.
Does not the figure of 600 point to the fundamental problem with the Bill, which is that it is spatchcocked with the demand for the referendum on the one hand and the reduction in the number of seats on the other? That means that no thought has been given to the role and function of a Member of Parliament, what we want from Members of Parliament and how many should fulfil that function. Instead, this has all been pooled together and pulled out of the air and that is why the Government are going to have problems.
I very much agree. One subject that I want to mention is precisely what the job of a Member of Parliament is in the modern era. That has obviously changed in the past 50 years and I pay tribute to the Liberal Democrats, because the kind of pavement politics that they advocated strongly—through which they won a number of seats in the ’80s and ’90s—is one thing that has changed the nature of an MP’s job today. My hon. Friend is right, and I do not think that there has been any consideration of that matter at all.
I welcome what my hon. Friend said about the balance between the Executive and the legislature. Judging from some of the nodding of heads, other Members did too. However, does he agree with the Deputy Prime Minister, who said to the Political and Constitutional Reform Committee in July:
“I think we have executive dominance; we have one of the most executive-led forms of government anywhere in the western world”?
I am not sure whether Nick agrees with Nick now, but does my hon. Friend?
Yes, that is true because of the structure we have in this country. Sometimes Members talk of checks and balances, which is really an import from the American system where the constitution was expressly written so as to have checks and balances. Incidentally, one of those checks and balances in the American system was that each state should have two Senators regardless of the number of people living in it. For instance, Rhode Island is tiny compared with California, which is larger economically, politically and in every other sense than a large number of countries in the world, but the two states only get two Senators in the Senate. In the British system, we do not have quite the same checks and balances—particularly if the House of Lords is dominated by a coalition in which two parties manage effectively to have control of both Houses, of the Executive and of the legislature.
I do praise some of the things that the Government have done since they took office, such as setting up the Backbench Business Committee. I hope that the whole of business could be handed over to a business committee, because I think that the role of the legislature needs to be reinforced so that the Executive is held better to account.
Various arguments have been advanced for cutting the number of MPs from 650 to 600, one of which makes international comparisons. I have heard the Deputy Prime Minister use that argument several times but it is completely fallacious. It is wrong to compare the British Parliament with the Spanish Parliament, for example, because the vast majority of Spain’s Ministers do not sit in the Spanish Parliament. The Executive are not created out of the Parliament. Similarly, in other countries—the United States being the most obvious example—the Executive do not spring from the legislature, so there are not 95 people who automatically have a second job as a Minister or a Parliamentary Private Secretary. That comparison is therefore inappropriate.
If we are to make any kind of comparison, we must bear in mind differences in the level of devolution or federalisation from one country to another. Comparing the United Kingdom with Germany, for example, is inappropriate because the Länder has far more significant powers than any local authority in England and more powers than the Welsh Assembly.
Does the hon. Gentleman agree that one of the checks is for the Government to allow ample time for all clauses in a Bill to be discussed? They have clearly done that on this occasion, but we will not get to relevant Welsh issues because he has spent the past half hour speaking.
Bearing in mind what the hon. Gentleman used to say when he was in opposition, I should have thought that he would support the scrutiny of legislation—and one has to talk to scrutinise legislation. No, we have not had enough time to scrutinise the Bill because there are four clauses and some schedules on which we have not had any debate at all. In addition, the Government have tabled 100 pages of amendments that we are going to debate on Monday, which means that we will not be able to debate issues such as the one that he is interested in—cutting the number of Ministers. I shall not take any lectures from him on how long one should speak in the House or on how much scrutiny there should be.
The Minister has clearly lost his marbles—it was because it did not give us enough time. The way in which the Government have behaved over this Bill has been an absolute shoddy mistake. They have consistently refused to provide enough time for us to debate the issues. [Interruption.] No, we did not vote against more time—we voted against the programme motion and we will continue to vote against such programme motions because we want to be able to do this job properly.
Does the hon. Gentleman agree that, given the lack of pre-legislative scrutiny and the lack of cross-party consensus or discussions that are usual with this type of Bill, it is even more important to have the necessary debates and to spend time on the Bill at this stage? I am sure that the hon. Member for Monmouth (David T. C. Davies) would be arguing for that if he were in opposition.
There has been absolutely no pre-legislative scrutiny. This has not been adumbrated in anybody’s manifesto and it has not been available for anybody to consider in public. There has been no public consultation and no consultation between political parties. Of course, therefore, there should be provision for each clause to be considered for at least one day on the Floor of the House, as this is a major constitutional Bill. I am sorry if Government Members are arguing the exact opposite of what they used to, but my point remains—international comparisons are inappropriate.
The Deputy Prime Minister has also sought to suggest that we have far too many Members of Parliament because other countries have far fewer, but the local population per elected member at local authority level in other countries is very different: in France it is 118 and in Germany it is 350, whereas in the United Kingdom it is 2,603. We have to look at the whole set of elected officials if we are to have a real impression of whether we have too many or too few Members of Parliament. I suspect that most voters in this country quite like having a local Member of Parliament who sits in the House. Of course, if one asks the public, particularly if one does so via the Daily Express or the Daily Mail, “Are there too many Members of Parliament?” they will all answer, “Yes,” but if one asks them, “Should your town not have a Member of Parliament?” or, “Should your town be combined with another town?” they would probably answer, “No, I would prefer to have a local constituency Member of Parliament whose name I know, who is accessible and whose constituency surgery I can get to.”
As someone who is fairly new to the House and who is listening to the hon. Gentleman and trying to understand exactly what the Opposition want, I should like to ask him a question. He suggests that there should be a day’s debate on every clause. The last clause simply deals with the short title. Is he suggesting that there should be a day’s debate on the short title?
No. I think that that is a slightly facetious point, but we should have a day to debate a clause that will reduce the number of Members of Parliament from 650 to 600, and rejig the boundaries in a way completely different from anything in the past, without any public consultation, without the proposal appearing in any public manifesto, and without any consultation across the parties. None the less, the hon. Gentleman makes an absolutely fair point: some clauses do not need a whole day’s debate.
I thank the hon. Gentleman for giving way, although I do not want to extend the debate for too long. He must know perfectly well that two manifestos said that the number of MPs would be reduced and that the reduction now proposed is a much smaller one, which should be something that he could support.
No. I am not sure whether the hon. Gentleman was present at the beginning of my comments—he was doubtless opposing the Government’s measures on S4C—but as I now apparently have to rehearse the argument for him, I can tell him that I was making the point that the number has been arrived at for entirely partisan reasons. It is not the number that was in the Liberal Democrat manifesto, nor the one that was in the Conservative manifesto.
Yes, it is higher than both those figures, because it manages to reach a level that hits the number of Labour seats but not the number of Liberal Democrat seats. That is why the number has been chosen, and that is why I oppose it.
I want to calm things down a bit, and take the hon. Gentleman back to the technical point that he made before. He asked what would happen if the Boundary Commission dealt with a whole pile of seats first, got to about 95% and was perfectly satisfied, and then found, because it had to stick to the number 600, that it got into real difficulty and did some very odd things later on. If that was an issue for the Boundary Commission, we might think that some advice would have been given on it. Has he asked the Boundary Commission what its advice is on that point?
The Boundary Commission will do what it is told to do. If the law of the land changes, the Boundary Commission’s powers and duties are determined by that legislation and it will do what it is required to do.
No, I am not saying that the task is insuperable. Of course it would be possible to draw up the constituencies in the way proposed, but why should one constituency then end up with 95% of the average electorate and another with 105%? [Interruption.] The Deputy Leader of the House keeps on referring to the Rhondda. He obviously has some desire either to do down the people of the Rhondda or to visit the Rhondda, but I am not extending an invitation to him.
I wonder why the hon. Gentleman believes that the difference between 95% and 105% is a gross intrusion, yet that the difference between my constituency with its 82,000 possible voters, and his constituency with its 52,000, is perfectly all right and needs to be preserved.
The hon. Gentleman should not misrepresent what I have said. He knows perfectly well that I have never said that there should be a divergence between his constituency with 82,000 possible voters, and mine with 51,000. I am wholeheartedly in favour of greater equalisation. I have argued that for a long time, and the Labour party and its predecessors, going way back to the Chartists in the 1840s, argued for greater equalisation of seat sizes. But if we are to move towards equalisation do we add, on top of that, the idea of a fixed number of seats? That is what I am querying.
I have listened to the hon. Gentleman’s argument against 600 seats, but I do not think that I understand his argument for 650 seats, other than that it would give the Labour party an advantage. Is that a partisan argument?
Actually, staying at 650 gives the Conservative party more of an advantage.
I was about to argue that we should not cut the number of seats. I would prefer a situation in which we did not fix the total at any particular number: that is why we have framed our amendment as we have. In addition, it is important not to cut the number of Members.
Is not the solution, as the Political and Constitutional Reform Committee has heard, to discuss what the nature of a Member is, to seek an optimum number of Members and then to introduce a rolling programme that moves towards that number, rather than an overnight slashing from 650 to 600 for nakedly partisan reasons?
That is wholly my view. That solution gets around the problems, to which I have referred, for the parts of the Union that are more dramatically affected than others, and it would be entirely in keeping with the tradition of this House, which is that we proceed by evolution rather than revolution.
I could understand the argument for reducing the number of seats from 650 to 600 if over the past 50 years the number of seats had dramatically increased in relation to the electorate. In actual fact, however, the number of seats has grown by 3% and the number of voters has increased by 25%, so if hon. Members were being honest they would say, “As we agree that the number of seats should go with the number of voters, we should argue for more seats, rather than fewer.”
In addition, the job has completely and utterly changed over the past few years. In a previous debate, for which not all hon. Members were present, the hon. Member for Epping Forest (Mrs Laing) referred to casework, which is a concept in modern politics—
Indeed. As my hon. Friend says, she referred to it as social work.
I have always believed that the job of a modern Member is very different from that of somebody 40 or even 30 years ago. For a start, the advent of 24-hour news, e-mails, which arrive at 3 o’clock in the morning, mobile telephony and all the rest of it has meant that the electorate expect us to be available far more and to return their phone calls, messages, e-mails and letters far more frequently.
The number of letters on a policy issue that a Member would have received in the 1960s in any one week would have been fewer than 10. Today, I guess that most Members receive in excess of 250 letters a week on policy issues or on an individual casework issue. If we want fewer Members, but our answer to that is to give them more members of staff, thereby increasing their expenses, we will actually deracinate Members from the communities that they serve. We will make them less accessible to voters, and that is why I believe it is wrong to cut the number of Members.
Order. The hon. Gentleman is making an intervention, not a speech, and I think that the hon. Member for Rhondda (Chris Bryant) has got the gist of the point.
I do not need to be picked up on that. I am not commenting at all on whether interventions are good or not; I simply point out that the convention of the House is that they should be relatively brief. That is all.
Frankly, that is not a point of order. The programme motion has been agreed by the House and Members are proceeding through the Bill, discussing what they consider to be important. As long as they remain in order, they can do so. I am sure that the hon. Gentleman is grateful for having put his point on the record. Perhaps we can now return to amendment 364.
My hon. Friend the Member for Bassetlaw (John Mann) made a good point about how seats might be doled out in the different parts of the Union. It is interesting to analyse what might happen to Sheffield: it would be quite difficult to construct a Liberal Democrat seat for Sheffield, Hallam that would survive—so there is a silver lining somewhere in the legislation.
Some communities will end up without their own representation if we cut the number of seats from 650 to 600 and insist on mathematical perfection. That is a problem.
Who knows what ambitions the Deputy Prime Minister has? Perhaps he will be looking not for a Liberal Democrat seat but for another kind of seat, come the next general election.
My hon. Friend the Member for Bassetlaw excoriated me for having only 250 pieces of communication. I meant 250 letters a week; the letter, of course, is almost something from the past these days. The vast majority of the correspondence from my constituency comes in the form of a telephone call, text message, Facebook message or through some other means.
Most members of the public expect a reply from the MP, not from some flunky or somebody working in the office for free. [Interruption.] The hon. Member for Bristol West (Stephen Williams) is picking me up on the word “flunky”. There are no flunkies working in my office—nor, for that matter, do I ever use staff who have offered to work for free. It is one of the shames of this Parliament that so many MPs should have to survive on the free staffing provided by interns. We ought to be moving towards having paid staff.
Another argument that I would adduce in favour of not cutting the numbers from 650 to 600 is that over the past 50 years Parliament has become more and more the place where career politicians intend to come, stay and make their livelihood. Many people have a much more diverse history than just having worked as a special adviser or for a political party before coming here. The hon. Member for Totnes (Dr Wollaston) is a former GP; in fact, I think that she still serves as one. As we know, the hon. Member for Corby (Ms Bagshawe) is an author—and, of course, a former member of the Labour party. She has a diverse career behind her.
I am not sure whether the hon. Lady is referring to her literature or her former party membership.
This Parliament has survived because of some of the mavericks and eccentrics, and the diversity of Members that it has managed to bring in here. If we reduce the numbers from 650 to 600, it will be the mavericks and the independents who will be disappearing and we will have more of the party political placepeople. That is a problem. [Interruption.] The hon. Member for Rochford and Southend East (James Duddridge) is saying, rather unkindly, that I am such a placeman. [Interruption.] The Minister is trying to help by asking me what I think I am. I do not think that this clause is where we go into what I think I am: the meaning of life would be a bit too complicated, and it would go a little wide of the debate, Ms Primarolo.
If an electorate of 85,000 is reduced to 75,000, how does that make it more difficult for a constituent to contact his MP? Surely every MP should be equally available to their constituents.
The hon. Gentleman represents an area in Wales part of which, I guess, may end up in a constituency that is very large.
That did not make it better, and it was larger in an era when the expectations of a Member of Parliament to be present and available were much reduced. There was a time when MPs, when they visited their constituencies—once a year—were greeted with a brass band. That is not true today. [Interruption.] It is certainly not true for me, and I can see that it is not true for anybody else either.
I have read the hon. Gentleman’s book, and I think that he is referring to Stafford Cripps, who was greeted by a brass band when he arrived at Bristol Temple Meads. The Member who currently represents Bristol Temple Meads is certainly not greeted in that way.
The hon. Gentleman is right: I am referring to Stafford Cripps. The book is not one that is available in all good bookshops, but there is a copy in the Library should any hon. Member wish to read it.
I want to end with the words of Jim Callaghan, a former Prime Minister and a Member who represented south Wales:
“Constituencies are not merely areas bounded by a line on a map; they are living communities with a unity, a history and a personality of their own.”—[Official Report, 19 June 1969; Vol. 785, c. 742.]
That has always been how we have done things in this House and in this country, and I believe that it is how we should continue to do them in future. That is why I have moved this amendment, and why I hope that we will not reduce the number of seats from 650 to a fixed number of 600.
I must confess that I totally accept the need to equalise electorates, which is why I have tabled amendments in a later group, which I suspect we will not get to, suggesting that we leave out of the Bill the gerrymandering—there is no other word to use—of three Scottish seats. That has occurred through a limit of 13,000 sq km being plucked out of the sky to allow Ross, Skye and Lochaber, and probably also Caithness, Sutherland and Easter Ross, to be seen as exceptional. If we equalise constituencies it could be regrettable for such communities, but we want electorates of a similar size.
In fairness to the hon. Member for Rhondda (Chris Bryant), I think that equal constituencies will mean that we divide the country up into 10 or 15 different areas, from which we can draw up the 600 seats, rather than suddenly realising when we get to the middle of Scotland that we are 10 or 15 seats short. I fully accept the need to equalise electorates, and it is greatly to be regretted that we are not doing that for all seats. It seems that a rather grubby little compromise has been put in place. In the modern, technological era, I disagree with the idea that the Western Isles and Orkney and Shetland, the two smallest seats in the UK, should be protected. Orkney and Shetland was part of the Wick Burghs constituency at one time during the last century, and the Western Isles were part of the Ross and Cromarty and Inverness-shire constituencies. It is a bogus argument that those constituencies somehow have great historical relevance.
That is absolutely right and I agree absolutely with my hon. Friend. The real problem with the British constitution is that we do not have one. The constitution in this country is what the Government can get away with. If they can get away with clause 9, which weakens democracy and the Commons and strengthens the Executive, they can get away with more or less anything, with the willing concurrence of the supine Liberals, who are supporting a measure that will weaken them—hopefully—for their own execution.
There is no mystique to how I arrived at the figure of 650 for amendment 259. I just put it in. That is the number of MPs now and the Commons will function efficiently with it. There used to be 700 MPs in the 19th century when the Irish were here. They had to fit in a Chamber the size of this one, which seats about 420—fortunately, most of them did not come—but 650 is a good working total, which is why I chose it.
The consequence of having 600 MPs, as proposed in clause 9, is that the redistribution will be more brutal and more massive. It will be a blitzkrieg of a redistribution, but there will be no democratic controls on it. The scale of the redistribution is determined by the size of the House.
I just wanted to correct a fact that my hon. Friend gave. He said that there were 700 Members in the 19th century owing to the Irish, but in fact, the only time that there were more than 700 Members was from 1918 to 1922. That redistribution was brought about by the Liberals.
I am grateful for my hon. Friend’s intervention. I took history at university, but my thesis was on the Whig party in opposition from 1812 to 1830, which was very good preparation for being in the Labour party in the 1980s and 1990s. I did not get as far as the Irish settlement of 1922, and I always regret that. I shall go to him for some tutorials. He is obviously better informed than I am.
I arrived at the figure of 650 because that seems to work well, and I do not want a reduction. As my hon. Friend the Member for Blackley and Broughton (Graham Stringer) pointed out, a reduction in the number of MPs and a smaller House will make the Executive proportionately stronger. I would like to see some proposals from the Government to reduce the number of Executive appointments. There are more than 100, which means that they have a huge bought vote in the House to overrule the wishes of the Members. I want Members to be stronger and the Executive to be weaker, but this measure will have the opposite effect.
I absolutely agree with my hon. Friend. There has been a lot of damaging criticism and abuse of MPs as a result of the revelations in The Daily Telegraph last year, and some of that was, frankly, scandalous. It has lowered us in the public’s estimation, but people still turn to us. They need us for all the problems that they come up against. We are the defenders of last resort. We are the ombudsmen for our constituents.
But is it not also true that, especially for some of the most vulnerable people in some of the most vulnerable communities, we are the only advocates they can afford, whether we are advocating their cause here or, for example, at their bank? We represent them in all kinds of circumstances that no one would have conceived of as part of the job 50 years ago.
In that case, will the hon. Lady explain why somebody might have said this at the Oxfordshire boundary inquiry in 2003:
“Somebody might take the view that…there are already too many Members of Parliament at Westminster. They may take the view, depending on what happens in the European constitution, that Westminster has less to do, with less MPs – I certainly hope that is not the case”?
That was the right hon. Member for Witney (Mr Cameron).
I am sure that my right hon. Friend meant what he said. I do not disagree with him—what he said is fine. The hon. Gentleman is forgetting that we are talking about an evolving political situation and an evolving world. As other hon. Members have said, the whole situation is evolving, which is why it is time for the House to look at itself, count its numbers and consider what is right.
The hon. Member for Great Grimsby (Austin Mitchell) and I had an exchange yesterday on alphabetical preferences on ballot papers, which is relevant to the proposal for 600 MPs. I am no longer concerned about alphabetical preferences. Since yesterday, when he said that he could call himself A1 Austin and I could call myself Mrs Aardvark, I am pleased to tell him that I have received, by e-mail, a proposal of marriage from a Mr Aaron Aardvark. I had to decline that kind proposal because I could not possibly involve the poor gentleman in the expense of marrying me in order to improve my electoral prospects. That would be gerrymandering and manipulation of the system beyond the call of duty. However, it was a helpful discussion.
The real principle before us this evening is one vote, one value. That is what democracy is all about. Every Member who is elected to this House should be elected by an equal number of voters, at least potentially—[Interruption.] Of course we have a tolerance level of 5%.
Most Parliaments set their own size—that is part of most constitutions—but two that do not are the UK Parliament and the Bundestag in Germany. The reason the Bundestag does not do so is that it has a list system to compensate the first-past-the-post Members, and when the German electoral commission looks at the arithmetic division of the proportional votes, to ensure that they are proportionate, it can adjust the size of the Bundestag, sometimes by up to a dozen seats. However, the history of this country is that, by and large, we have allowed the Boundary Commission to go out and draw up the boundaries, and then to come back with numbers. However, what happens is that there is creep. Every time we have a boundary commission, the numbers go up. [Interruption.] No, they do, with one exception, which is when the numbers for Scotland are reduced. On the whole, however, the numbers creep up. Therefore, with this Bill, we are being asked to give guidance to the Boundary Commission, so that it can go away and then come back with a report.
How can the hon. Gentleman explain, then, the fact that there were 659 MPs in the previous Parliament, while there are 650 in this Parliament? What he is saying is patently untrue.
It is; it happened because of the Scottish reduction. The reality is that we need to build a slight reduction into the system, otherwise we will have a constant creep-up of the numbers. Is it very much more difficult to represent 76,000 electors than it is to represent 69,000? I do not think that it is terribly difficult—we have the staff and the commitment to do it. All that we are talking about is drawing up fair boundaries, with a modest reduction in the House, which is not going to make a major difference to most people in this House, except in Wales.
The problem with Wales is over-representation. There have been changes in Northern Ireland, where the number of seats was increased because the constituencies were very large, as well as in Scotland and England; Wales is the one part of the Union that is out of line. I understand the pain and difficulty that the proposals will cause in Wales, because there will be quite a radical change there, but throughout most of the UK, it will be a very modest change indeed.
The hon. Gentleman makes a good point. For historic reasons, it will depend on where any such changes might be made. This is one of the arguments that he will be able to put to the Boundary Commission when it brings forward its proposals—[Interruption.] Yes, he will; people will still have the capacity to make representations to the commission on the reports on the constituencies.
I am sorry, but the hon. Gentleman is wrong. People will be able to make representations only in writing, and they will not know what representations other people have made. They will not be able to inform their arguments through debate. Consequently, we shall not have the fullness of the public inquiry process that we have at the moment. With such radical changes being proposed for the whole of the country, surely it would make sense to maintain public inquiries.
I do not agree with the hon. Gentleman. The system that is being brought in will provide for a 12-week period in which people will be allowed to make representations—[Interruption.] Twelve weeks is a long time. If there is real concern about crossing a county boundary, I am sure that parish councils, local authorities, MPs and councillors will be able to make full representations in that time, and that the Boundary Commission will be able to hear them and come to a decision.
It is difficult to maintain a process based on the equalisation of seats, and then to sustain the case that an island, which I accept has very particular characteristics of its own and is very large, but which, unlike Orkney and Shetland and Na h-Eileanan an Iar, is within near reach of mainland Britain, should be treated as an exception. However, the hon. Gentleman will continue to make that case, and I understand exactly why he wishes to do so. I know that he speaks for many of his constituents, although not all, and I am sure that he accepts that some of his constituents feel very strongly that the Isle of Wight has natural economic links with areas of mainland Hampshire, and that a parliamentary linkage could be of benefit. But of course, he represents 100,000 electors, and does so very well—
I am addressing the Chair, and the Chair is seated at the Table, not on the Opposition Benches.
As I say, the hon. Member for Isle of Wight (Mr Turner) needs to continue to press his case. We shall listen to the arguments that he makes, but we shall also try to maintain the principle of a common—[Interruption]
Order. If hon. Members can be quieter, the entire Committee will be able to hear what Mr Heath is saying, so please calm down. We have only another 11 minutes left, as hon. Members know, before we need to move on.
(14 years, 1 month ago)
Commons ChamberI am grateful to the Deputy Leader of the House for what he said. I am trying to wrap it up, but of course we must hear from Chris Bryant.
Further to that point of order, Mr Speaker. I think the Deputy Leader of the House is somewhat mistaken in his interpretation of what happened yesterday evening. I think there was a clear desire by many hon. Members not just to debate the particular issue of thresholds but actually to debate clause 6, which has not been debated at all in any shape or form in this House. [Interruption.] The Parliamentary Secretary is saying from a sedentary position that I was wasting time. I profoundly object to the fact that when we choose to scrutinise his legislation, he is calling into question my good faith.
The truth of the matter is that the Government did not provide enough time for the debate. In addition, the Deputy Leader of the House last night, when he suggested to me that he was bringing forward this new motion, said that it was because all the rest of the stuff that we were going to debate tomorrow was a pile of dross and did not need very much analysis. I hope that there will be a process of ensuring that the House of Lords is made fully aware of the fact that today’s programme motion makes absolutely no difference to whether or not yesterday we had any opportunity to consider the three clauses and three schedules that were before the House.
I certainly cannot go into all of that. Suffice it to say that I think the point that the hon. Gentleman has just made constitutes a self-fulfilling prophecy; in so far as he is concerned that the other place should be aware of his interpretation of last night’s events, he has made it aware of his interpretation by what he has just said. It is on the record and I am sure it will be studied carefully there and elsewhere.
I am grateful to the hon. Member for Stone (Mr Cash) for giving me notice of his point of order. It is not for me to rule on what has happened in Committee of the Whole House. On the wider issue he raises, it is not unprecedented—the hon. Gentleman has been a Member of the House since 1984, so he will testify to the truth of this—for a Minister to move a Back-Bench amendment, even if he or she does not wish to vote for it. As the First Deputy Chairman said last night:
“What the Government propose is orderly under Standing Order No. 83D(2)”—[Official Report, 18 October 2010; Vol. 516, c. 767.],
although it is, as some hon. Members have observed—including, today, the hon. Gentleman—somewhat unusual. I am sure that hon. Members will also have noted the opportunities open to them, as has been remarked, on Report. Members present will certainly have noted what the Deputy Leader of the House has just said.
I hope that is helpful; I am not keen to take, and indeed I am keen not to take, further points of order on that matter, but I think we have a point of order from Mr. Andrew Rosindell.
(14 years, 2 months ago)
Commons ChamberThe hon. Gentleman’s question is tied up with the CSR and the resources that will be available to the Secretary of State for Transport. However, I will convey to the Department his strong bid for continuing investment in light rail in Nottingham.
May we have a debate on Foreign Office finances before the comprehensive spending review is announced? In June the Foreign Secretary announced that there would be £55 million of Foreign Office cuts in the current financial year, and in a written ministerial statement he set out where £18 million of those cuts would be found. However, he has not told us the rest of the story. Will the BBC World Service be cut in the current financial year? Will the British Council be cut in the current financial year? Or—as has been suggested—has the Foreign Office budget received a £37 million bung from the Department for International Development, which would directly contradict what the Leader of the House said earlier about the DIFD budget being protected?
The hon. Gentleman says that we have not told the rest of the story. The people who did not tell the rest of the story were Labour Members, who went into the last election committed to a reduction of some 20% in public expenditure, while giving no indication whatsoever of where those cuts would come from. Until there is some honesty from Labour Members about how they would have confronted the legacy that they have left us, they will have absolutely no credibility on the issue.
(14 years, 2 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I shall let the Leader of the House into a secret: when we were in government, we did not introduce perfect legislation all the time. Just about the only thing that managed to make us drop particular bits of Bills or individual clauses or bring in and support amendments was the fact that we might lose the whole Bill because the end of the Session was coming along. In all honesty, I think that although it might be absolutely right to have proper annual Sessions when we go over to a fixed-term Parliament, having one two-year Session is a problem and he ought to reconsider.
I am grateful for the admission at the beginning of the hon. Gentleman’s remarks that the last Government did not get everything right. One mistake we are determined not to make is that of giving inadequate time to the House of Commons to debate serious Bills. We are proposing more days in the current Session in order to give longer time for the consideration of the Bills that we have introduced. He also totally overlooked the provision, which all Governments have if they find that they are reaching the problems that he has just outlined, of carrying over Bills.
(14 years, 2 months ago)
Commons ChamberI beg to move,
That the matter of hacking of honourable and right honourable Members’ mobile phones be referred to the Committee on Standards and Privileges.
The vast majority of those who had their phones hacked were not MPs, but of necessity this motion deals solely with the hacking of MPs’ phones. That is not because we are in any sense more important than anyone else—it is a scandal that the royal princes, footballers, actors and, in many cases, ordinary members of the public had their phone messages intercepted and interfered with. While I passionately believe in the freedom of the press, and agree that investigative journalism is an important and proud tradition in this country, illegal hacking, suborning police officers and obtaining information by illegal means do not enhance our democracy. In fact, they undermine it.
This motion is exclusively about this House because I contend that it is a contempt of Parliament and a severe breach of parliamentary privilege to intercept the mobile phone messages of elected Members, to tap their phones, to bug their conversations, to intercept their e-mails or to seek to do so.
There are those who would want to play this down. People have said to me, “After all, what’s the fuss about a few phone messages?” I ask hon. Members what the last phone message was that they had left on their answer phone. It might have been a soppy, sentimental message from their wife or partner, but it might have been something far more significant. It might have been a Minister ringing about a piece of legislation—in parliamentary language, a proceeding in Parliament. It might have been the Home Secretary or the Secretary of State for Northern Ireland ringing about a highly sensitive matter and leaving a message. Or it might have been a constituent ringing their elected Member of Parliament, leaving a message and asking them to return a call about something that was highly confidential to them.
The House has rightly been very angry in the past when it has been felt that the right of an MP to speak without let, hindrance or interception, which stems in essence from the Bill of Rights 1689, has been violated. It took action on several occasions in the 18th century, on many occasions in the 19th century and on more than 15 occasions in the 20th century. It is for that reason that we have a secure doctrine—the Wilson doctrine—that MPs will not be bugged by the security services, and I am sure that were there any information that MPs had been bugged by the security services, many hon. Members would be on their feet to condemn it.
The reason this reference is necessary now is simple. The Culture, Media and Sport Committee, which is admirably chaired by the hon. Member for Maldon (Mr Whittingdale)—he should probably be the right hon. Member for Maldon, and for all I know he might be the right hon. Member—produced an excellent report on the wider issue. Since then, however, there has been new information. First, several MPs, including myself, have contacted the Met and have discovered that we were the subjects of Glenn Mulcaire’s investigations. In the words of the Metropolitan police, we were persons of interest to Mr Mulcaire. I am sorry to say that in very few, if any, of those cases have the police pursued any lines of investigation.
I commend the hon. Gentleman on bringing this debate forward and on seeking to have the matter referred to the Standards and Privileges Committee. Is he aware that the Information Commissioner published a report, “What Price Privacy Now?”, in December 2006, in which he unveiled the solid evidence that illegal information had been supplied to 305 named journalists working for a variety of newspapers, and does he agree that, if the Press Complaints Commission had any gumption or mettle, and was capable of investigating this sort of issue, we would not need to refer this matter to the Select Committee? Indeed, the Information Commissioner said that
“the Press Complaints Commission (and its associated Code of Practice Committee of Editors) should take a much stronger line to tackle any involvement by the press in the illegal trade in personal information”.
The hon. Gentleman is right. If hon. Members have not had an opportunity to read the Information Commissioner’s report, I urge them to do so. It is quite astounding. It lists the number of transactions positively identified: the Daily Mail, 952; the Sunday People, 802; the Daily Mirror, 681; The Mail on Sunday, 266; the News of the World, 182; and so on. It is an absolutely devastating report, and my concern is that the PCC has done nothing, and hardly anyone else has done anything. It is time that the House took responsibility for what areas we can.
The House has rightly been angered about this issue. The Culture, Media and Sport Committee produced a report, but there is more information. I suspect that, so far, we have seen only the tip of the iceberg in relation to right hon. and hon. Members, and that the hacking extended not just to Liberal Democrat and Labour MPs but to a large number of Conservative Members. I urge every right hon. and hon. Member who has any suspicion that they might have been a person of interest to Mr Mulcaire, which probably includes the vast majority of us, to write to the Met asking whether they were included, because Assistant Commissioner Yates made it clear the other day, in evidence to another Select Committee, that he has not been notifying Members. We have to do the work ourselves.
Does my hon. Friend agree that the Standards and Privileges Committee should look in particular at why the police did not approach Members named in the information they had in order to acquire more evidence from those Members, who were unaware—and still are unaware, in many cases—that their names were on the list? Is that not a hugely important issue that the Committee should investigate?
My hon. Friend is right. If somebody went to the police and alleged that somebody was stalking them, and the police visited the stalker’s house and found not only photographs of, and personal details about, the person who made the allegation, but photographs of another 20 people, I presume and hope that the police would go to those other 20 people and inform them that their personal situation had been compromised and that they had been the subjects of that person’s activities. The police should have engaged in precisely the same duty of care towards not just right hon. and hon. Members, but any member of the public who had been the subject of Mr Mulcaire’s attention.
There is a second piece of new information. Two former members of staff at the News of the World have said that the hacking was far more extensive than so far revealed. Indeed, today, Paul McMullan, a former features executive and member of the News of the World’s investigations team, has said that he personally commissioned several hundred illegal acts, and that the use of illegal techniques at the newspaper was absolutely no secret.
Thirdly, although it has been stated that the case was an isolated bad apple, the Information Commissioner, as the hon. Member for Mid Sussex (Nicholas Soames) has mentioned, has suggested that the unlawful trade in confidential personal information is extensive across the media, citing more than 1,000 transactions positively identified by a large number of newspapers. Looking through the list, it seems that the only newspaper that is not included is the Rhondda Leader.
Why refer the matter to the Standards and Privileges Committee? First, because it is the senior Committee of the House. Secondly, because, by referring it to the Committee, it will have the support and full authority of the whole House—nobody can gainsay it. When the matter of the arrest of the hon. Member for Ashford (Damian Green) was referred to a specially created committee of privileges, that committee resolved that such an instance should be referred not to a special committee, but to the Standards and Privileges Committee.
I see that the right hon. and learned Gentleman who chaired that committee is nodding his assent.
I welcome the Speaker’s decision, in the best traditions of the House, to allow this debate, so that all Members of the House can defend the rights of all Members to carry out their duties without having their phones hacked into. Does my hon. Friend share my hope that there will be full co-operation from Downing street, not least because the lesson of Watergate is that the cover-up is worse than the crime?
My hon. Friend is right. One of the reasons for referring the matter to the Standards and Privileges Committee is that it carries the authority of the whole House, and I hope that that would mean that every right hon. and hon. Member, including those at Downing street, would want to co-operate.
I see the Leader of the House nodding his assent. I am sure that it would be true.
I urge the Committee to use all the powers at its disposal, including the power to summon any person it wishes and to require them to attend, because some people refused to attend the previous inquiry held by the Culture, Media and Sport Committee. If necessary, it should issue warrants to require witnesses to attend, and if they still refuse, it should use the offices of the Serjeant at Arms. Likewise, it should be free to use its power to require a witness to answer a question under pain of admonishment by the House. We should not accept it when witnesses simply refuse to give a straight answer to a straight question. That should not be standard practice, which it is becoming. The House should become far more carnivorous.
Given that some of the issues we are dealing with are matters of privacy, and we would not want to invade the privacy of those who have already had their phones hacked, the Committee should feel free to take some of its evidence in private if necessary. It should not shy away from recommending motions to the House enforcing its decisions, if it feels it appropriate to do so. Those decisions could include barring a person or persons from the precinct of Parliament, withdrawing a pass from any pass holder or a group of pass holders, or calling somebody to the Bar of the House for admonishment by the House.
It is for the Committee to decide precisely how it conducts its inquiry. Indeed, it should be free to decide the timing of its inquiry and report, how best it interacts with other Select Committees and, importantly, how best it avoids conflicting with any ongoing police investigation. I hope that there is an ongoing police investigation, because from what I have heard so far from the police, I have no confidence that there is a full police investigation into every avenue, searching for evidence. I would particularly abhor the fact that the police seem to have developed a new theology, whereby it is for the victim to discover and provide the evidence, rather than for the police to engage in an investigation to find it.
I suggest that the Committee might look at the following areas. How many MPs, including Ministers, Opposition spokespeople and Back Benchers of all parties, were the subject of investigation by Glenn Mulcaire—or, in the police’s words, a “person of interest” to Mr Mulcaire? Did they include serving Government Members or people who are now in senior Government positions? Was the hacking limited to the News of the World or did it include other newspapers? Were the security services notified of the hacking of Ministers’ and others’ phones? Are there any further security measures that this House should take to protect Members’ correspondence? Did the Met fully perform its duty of care towards the House by contacting all Members whose names and phone numbers were included in the material secured when it raided Mr Mulcaire’s offices?
Have any witnesses who have already given evidence to the Culture, Media and Sport Committee on the matter lied to the House? Should the interception or attempted interception of right hon. and hon. Members’ phone messages or e-mails be considered an explicit breach of privilege? Should the House adopt a new resolution defining privilege in the modern era to include modern technology? Should the law be changed to strengthen further the provisions against the hacking of the phones of MPs and members of the public? What action should be taken by the House against those who have lied to it, breached its privilege or shown contempt to it?
I hope that Members in all parts of the House will support the motion. This issue is not about one man or the one hon. Member whose case has already been to court. It is, however, about what kind of investigative journalism we want in this country—searching, yes; critical, caustic, aggressive and cynical, maybe; but not illegal. It is about whether this House will be supine when its Members’ phones are hacked, or whether it will take action when the democratic rights of MPs to do their job without illegal let, hindrance or interception has been traduced. We have taken action before as a House; we should take action today.
(14 years, 4 months ago)
Commons ChamberIt is a great shame that the hon. Member for Southend West (Mr Amess) is not in his place, as I would like to correct something he said earlier. He referred to a much-quoted sentence when he said that this Parliament was the “mother of all Parliaments”. In fact, this was originally said by the Liberal John Bright, but when he said it, he was not referring to this Parliament as being the mother of all Parliaments, but saying that England was the mother of Parliament. He, like many Liberals, was wrong as well, because the longest-standing Parliament was not this country’s, but the Icelandic Althingi, which first sat in 929. We should at times be a bit more careful about our history.
That brings me to the first issue I want to raise, which relates to the pernicious and now-published Parliamentary Voting System and Constituencies Bill. It is pernicious because, for a start, it shackles together two issues that have no proper right to be in the same Bill. If they have to be in the same Bill, they should be in the other published Bill that provides for fixed-term Parliaments; it would then be a general constitutional reform Bill. Indeed, elements of the Parliamentary Voting System and Constituencies Bill presume that the other Bill is going to be carried, so there is an argument for putting all three issues together, but not just two.
The Bill is also pernicious because it will increase the power of patronage in this House. Cutting the number of seats from 650 to 600 without cutting the number of Ministers will increase the role that patronage plays in this House. I note in passing that the Liberals have decided to add yet more patronage by creating these rather strange Liberal Whips. The tentacles of patronage needed to keep this coalition together are, as I say, pernicious.
The most pernicious element of all relates to the process that the Bill presumes will happen. Accordingly, the Boundary Commissions will draw up reports for Scotland, Wales, Northern Ireland and England. They will send them to the Secretary of State who will then— I am not joking, but the legislation might be—
“lay…before Parliament…the draft of an Order in Council for giving effect with or without modifications”
to the recommendations. In other words, the Secretary of State can draw up precisely what the constituency boundaries look like and this House will not be able to amend it because it will be an Order in Council. All we could do is vote for or against it. That is indeed pernicious.
The Deputy Prime Minister has referred on television and radio to the coalition introducing the best reforms since the Great Reform Act of 1832. This is not a great reform Bill: it is a great patronage Bill; it is a great gerrymandering Bill; it is a great partisan shenanigans Bill—and it is also, incidentally, the great rotten boroughs for Liberals in Scotland Bill. In case anyone is not certain, I am wholly opposed to it.
The second issue I want to discuss is S4C, although I understand that this may not be a matter of scintillating interest to everyone in the House. We heard over the weekend that the Government are going to cut the funding for S4C by 6% every year for the next four years. This has not, of course, been announced to the House, but I understand that S4C has been told about it. The funding of S4C is laid down in statute. In order to change its funding—I think it would be a big mistake to take £24 million out of the Welsh broadcasting economy—the Government would introduce primary legislation, unless they are doing some kind of dodgy deal in the background which they are not prepared to tell us about in the House.
I urge the Deputy Leader of the House to reply to each of the issues that I am raising, or to ensure that Ministers do so. I believe that, as we move into a fully digital era, the existence of S4C is all the more important for my constituents. It enables them to see Welsh coverage on television, not only in the Welsh language but, increasingly, in the English language.
I also urge the Deputy Leader of the House to consider the issue of the funding of the BBC. Many people in this country believe that the BBC is one of the greatest institutions that Britain has ever given to our society and to the world. We all have our complaints about individual journalists—about their being biased, or not biased—but the honest truth is that around the world, the BBC and the World Service are well respected and admired. Let me say to the Government that anyone in any other country would be astounded at the thought that we would cut the funding of the BBC by any significant amount.
My hon. Friend is making an extremely good speech. I particularly approve of his comments about the BBC. Does he agree that the BBC could provide a service for my constituents in Harrow by investigating the circumstances in which ColArt, which runs a factory in my constituency employing some 200 people, wants to shift manufacturing operations from Wealdstone to France, thus putting at risk the jobs of many of my constituents? Is that not a subject that the BBC could usefully investigate?
I congratulate my hon. Friend on the phenomenal sagacity and dexterity that he has just shown. Obviously there should be at least an investigative programme by the likes of “Panorama”—if it has any time to spare between investigations of the shenanigans in the Liberal party.
The serious point I am making is that cutting the BBC licence fee has absolutely nothing to do with cutting the deficit, and that, through its investment in all the creative industries, the BBC plays a vital role in many other parts of our British national identity.
That brings me to my next point. One of our actions as a Government of which I am particularly proud was our introduction of the artist’s resale right in the United Kingdom, which has benefited 1,827 artists—although it may be a bit more since this morning. Ten million pounds have gone to those artists. It is mostly the smaller names rather than the very famous people who are receiving the money, but an investment is also being made in the important artistic community in this country. The British art market put out a rumour that our action would destroy it, but in fact the market has risen by roughly 23% year on year since 2003. I urge the Government to ensure that the right applies not only to living artists but to the estates and families of artists who have died, because they are often the people who maintain the heritage of those artists.
Finally, I want to raise another issue relating to south Wales. The defence training academy at St Athan will dramatically improve the quality of training that we give our armed forces. It will provide between 5,000 and 6,000 jobs in south Wales, and should therefore be seen not as an optional add-on, but as essential to our defence of the realm.
(14 years, 4 months ago)
Commons ChamberI know that a number of hon. Members share the hon. Gentleman’s view. Ironically, perhaps, the concerns about early-day motions are expressed in early-day motion 432, which sets out a similar view to his. The problem is that many of our constituents are led to believe by campaigning organisations that EDMs have an efficacy well beyond what we in the House know to be the case. The matter will have to be considered by the House authorities and Committees, but he makes an important point.
Early-day motions are an important way for the House, and particularly Back Benchers, to show interest, concern and dedication to a particular cause. I urge the hon. Gentleman not to make it more difficult for Members to sign early-day motions—I know that there are difficulties deciding which to sign and which not to sign—but to make it easier. Currently, we can table a question online, but we cannot add our name to an early-day motion online. Surely that facility could be introduced.
In the past financial year, a total of 2,531 EDMs were tabled, with 120,158 names added. Clearly, the obstacles are not insuperable, but the hon. Gentleman raises an important point, which he has raised with me previously and which I have taken up with the House authorities. I hope that we will soon make progress on the matter.
That is an interesting point. In 2007 the Procedure Committee said there should be no electronic tabling of EDMs without stronger authentication than that in place for questions.
My hon. Friend asks why. The Procedure Committee said there should not be such electronic tabling unless
“significantly stronger authentication than is currently required for parliamentary questions can be guaranteed”.
The Procedure Committee went on to say that it cannot therefore
“recommend the introduction of e-tabling for EDMs.”
I am happy to answer the hon. Gentleman’s question, and my hon. Friend’s question from a sedentary position.