Fixed-term Parliaments Bill

Debate between Chris Bryant and Robert Syms

Wednesday 13th July 2011 Commons Chamber

[Chris Bryant]

If the hon. Gentleman does not mind, I will not, as I am keen to conclude my remarks.

The Minister asked whether both Houses should decide. That goes to the heart of the matter. Yes, we believe that both Houses should decide, but if the Minister had wanted to change that, he could have tabled an amendment in lieu of the Lords amendment, which could have said that just as in the provisions on an early general election, there would be a vote in one House—this House. There could have been a vote in this House on whether it was a fixed-term Parliament. The Government’s response tries to bind a future Parliament in an inappropriate way. I think that is a mistake, so we will support the Lords amendment.

[Mr Syms]

It is this House that determines who the Government are. This is the majority House. As we know, the upper House is a hereditary or semi-hereditary Chamber. Even under the proposals for election, it will not be the majority House. It is therefore proper and responsible that this Chamber should determine whether there should be a fixed-term Parliament. That is not the business of the upper House. The decision has to be made in this House.

The only question to debate is whether it is the Prime Minister who makes the decision or the House. Historically, it has been the Prime Minister. We have had a constitutional change. I am a conservative with a small c and I do not generally like change, but one has to acknowledge the fact that in order to command a majority in the House, the measure is part of the deal. That is a good reason for doing it. If that was not part of the deal, one would not necessarily be in government and doing many other good things for the country under our programme.

We all know that Prime Ministers lose the confidence of the House. There are occasions when Prime Ministers are challenged, and one of the things that bolsters unpopular Prime Ministers is the threat of Dissolution. It is up to them. They can throw the cards up in the air and call a Dissolution, even if they lose the confidence of their own party. That has always been one reason why Prime Ministers have stayed in Downing street when there was good reason for moving them out and having a vote of no confidence in a political party.

The other factor, which is one of the different features of modern politics, is that there are now more parties in the House—we have the Greens in this Parliament—more of a fracture in the current political system and more regional parties. It will probably be more difficult in the longer term for a party always to be confident of a majority in the House. My hon. Friend the Member for Stone (Mr Cash) is right. Coalitions may be more a part of the future than some of us who prefer majority government would like to think.

The Government’s position is tailored to that situation, so I will support what they are doing today. Circumstances have changed, and if one has to make a decision, it is better that political parties and the usual channels in the House determine a Dissolution than an unpopular Prime Minister who may have a different agenda from others in the Chamber.

Parliamentary Voting System and Constituencies Bill

Debate between Chris Bryant and Robert Syms

Wednesday 20th October 2010 Commons Chamber

[Chris Bryant]

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.

[Mr Robert Syms (Poole) (Con)]

To be entirely clear, is it Labour party policy that England be under-represented in this House?

[Chris Bryant]

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.

--- Later in debate ---

[Chris Bryant]

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.

[Mr Syms]

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?

[Chris Bryant]

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.

--- Later in debate ---

[Mr Syms]

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.

[Chris Bryant]

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.

[Mr Syms]

But that is principally because of the changes in Scotland, which, incidentally—

[Chris Bryant]

No, it is not.

[Mr Syms]

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.

[Mr Syms]

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.

[Chris Bryant]

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.

[Mr Syms]

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.

Parliamentary Voting System and Constituencies Bill

Debate between Chris Bryant and Robert Syms

Tuesday 19th October 2010 Commons Chamber

[Mr Syms]

I have always supported first past the post, but if I were to argue for any alternative I would go for the German system, which could effectively be used in Scotland or Wales. I think that it is a better, more logical system, which retains the link between Member and constituency. However, that is not what is proposed in amendment 62.

I think that the amendment is sensible because it goes to the root of AV, which is the weighting of votes. Endless weighting of votes makes a system that is meant to be fairer much more unfair, because those who have a first choice are cancelled out. It might be fairer if someone’s second preference were counted as half a vote, or someone’s third preference as a third of a vote, or someone’s fourth preference as a fifth of a vote; but treating the preferences equally produces lowest-common-denominator politics. It means that the least offensive people can win, and that those with the most positive and passionate politics can lose.

[Chris Bryant]

I believe that the hon. Gentleman is opposed to the use of AV, full stop, and will argue for a “no” vote in the referendum. I should have thought, therefore, that it would make more sense for him to ensure, according to a sort of Maoist principle, that the question on the ballot paper is the one that he can most easily attack.

[Mr Syms]

I am not sure that the average voter will be much impressed by having a choice between one to seven or just a supplementary vote. I think they will be utterly confused in the coming referendum, and who wins and who loses may well be in the lap of the gods.

The weighting of votes is the weakest element of AV. I am committed to the coalition agreement and I will vote for the Bill and support the Minister, but I will also participate in the debate and I think that, regardless of whether the amendment of my hon. Friend the Member for Christchurch is a probing amendment, it is a useful contribution to the discussion of the relative merits of the AV system, which does not have many merits.