Parliamentary Voting System and Constituencies Bill

David Heath Excerpts

Monday 1st November 2010 Commons Chamber

[Mr Deputy Speaker]

Order. We are not going to push this any further. I have made a ruling, I stand by that ruling and the Member must accept it. I call Mr Heath.

[The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)]

This large group of amendments reflects a range of views about representation in the nations and the way in which the boundary commissions should go about the task of drawing up constituency boundaries.

Let me start with a simple statement of principle. In a single-Member constituency system, there must be broad equality in constituency size so that one elector means one vote between, as well as within, constituencies. I do not think that is a particularly controversial remark. The hon. Member for Rhondda (Chris Bryant) calls it an attitude that is “crazed” and “desiccated”—it is interesting that one can be both simultaneously—but I do not accept that. My concern about the amendments in this group is that they would all compromise on equality for a range of motivations, some entirely understandable, others less so.

The amendments seek to make exceptions for, variously, the Isle of Wight, Cornwall, Ynys Môn and the highlands of Scotland, and we recognise the pride and sense of history that underpins each of these claims for special treatment. The Minister with responsibility for political and constitutional reform, the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), visited the Isle of Wight on 1 October and Ministers at the highest possible level have met campaigners from Cornwall to hear their arguments. However, it is not the case that the only argument that was made was in favour of the status quo; I think the hon. Member for Isle of Wight (Mr Turner) recognised that in a previous debate. For example, a cross-Solent constituency might have advantages. The Isle of Wight council has recently made a submission to the Government to create a Solent local enterprise partnership covering the economic area of south Hampshire and the Isle of Wight. Where appropriate, therefore, the island is clearly willing to develop its long-term interests in conjunction with its mainland neighbours. There are a number of shared opportunities between the island and the mainland and I believe this willingness to engage could also be demonstrated in a cross-Solent constituency.

[Ian Murray (Edinburgh South) (Lab)]

Had the Government allocated enough time for us to debate this topic this evening, the hon. Gentleman would have heard a cross-section of views not only from Wales, Devon, Cornwall and colleagues from Northern Ireland and Scotland, but from the whole country, expressing concern about communities being split up and boundaries being drawn on the basis of strange anomalies or purely in accordance with mathematics. In fact, the Government are in danger of ensuring that people such as those mentioned by colleagues are under-represented in the House, not over-represented.

[Mr Deputy Speaker]

Order. That was a long intervention.

[Mr Heath]

I simply do not understand this argument that having equal constituencies with a margin of plus or minus 5% represents an outrageous innovation that is anti-democratic. That is simply not the case.

[Several hon. Members]

rose—

[Mr Heath]

Let me make some progress, as we have very little time.

More fundamentally, it is the duty of each MP to represent all constituents no matter whereabouts in the constituency they live. I understand the views of my colleagues from Cornwall—my hon. Friends the Members for St Ives (Andrew George) and for North Cornwall (Dan Rogerson)—but I simply do not accept that Cornwall will be any the less “Cornwall” if it is represented by a Member who also represents part of Devon. I believe a Member of Parliament who is doing their job can represent constituents on either side of the Tamar equally.

[Several hon. Members]

rose—

[Mr Heath]

I have not got time to give way, I am afraid.

I also want—[Interruption.] I also want to make it plain that my right hon. Friend the Member for Ross, Skye and Lochaber (Mr Kennedy) made—[Interruption.]

[Mr Deputy Speaker]

Order. The hon. Member has said he will give way a little later. Let us be a little more patient. People want to hear what is being said. [Interruption.] I am sure the hon. Member can see behind him, Mr Bryant; he does not need any assistance.

[Mr Heath]

I am most grateful, Mr Deputy Speaker. I am trying to cover quite a lot of ground for colleagues in a relatively short period.

I wanted to address the issues raised by my right hon. Friend the Member for Ross, Skye and Lochaber and my hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso)—and I know that if my hon. Friend the Member for Argyll and Bute (Mr Reid) been able to contribute to the debate he would have said very much the same thing about the highlands of Scotland. [Interruption.] May I correct the hon. Member for Rhondda? He kept on saying that there are three exceptions in the Bill, but there are not three exceptions; there are two exceptions and they are, for very clear reasons, for the two island constituencies where contacts are very difficult. I think my hon. Friend the Member for Argyll and Bute can make a very strong case for his own constituency as well, but I do not accept that having a maximum size—which it has been said is the size of Belgium—is unreasonable for the Scottish Members representing highland constituencies.

The hon. Member for Foyle (Mark Durkan) made a very important point on Northern Ireland. I expected him to make the connection between parliamentary constituencies and Assembly constituencies. Instead, he concentrated on the quota and the Sainte-Laguë formula, and he raises an important point that we need to look at. I want to make absolutely sure that the system is fair to all parts of the United Kingdom, and I will certainly look at that point.

I find it very difficult to understand the argument that the Welsh constituencies are badly treated by being treated the same as other constituencies, such as those on my side of the Bristol channel. I do not know whether changing the name of Somerset to Gwlad yr Haf would have the desired effect of giving us twice as many representatives, but I do not accept that people in the west country should be disadvantaged in that way. [Interruption.] No, what is patronising is to pretend that we cannot go from one part of a constituency to the other because there is a hill or a river in the way. That is nonsense.

I briefly want to address the effect of Government amendments in this group, which are technical in nature. Amendments 220 and 221 allow the boundary commissions to use the most up-to-date register in areas where publication is delayed. If these amendments are not agreed to, in some areas the boundary commissions would have to use the register before the results of the annual canvass were included in it. I therefore hope we can all agree that the amendments must be made.

Amendment 21 makes consequential amendments to other legislation that refers to particular constituencies by name. We need to make that other legislation consistent with the new rules for constituencies in the Bill.

I hope the House will be able to support the Government amendments, and will reject the other amendments if they are pressed to a Division, as I believe they introduce inequalities—and inappropriate inequalities at that—that I personally cannot accept.

Question put, That the amendment be made.

--- Later in debate ---

[Sadiq Khan]

With respect, may I tell the hon. Lady why she is wrong? My hon. Friends’ constituents will have their lives changed because they will have to deal with different people as a result of the boundary changes. Those changes will be made not to make things more efficient, or to save money, but because the system has, for partisan reasons, been based just on numbers. An MP’s ability to do his or her constituency a service will be affected. More importantly, however, a constituent’s ability to contact the person he or she needs to contact to improve things will also be affected.

[Mr Heath]

I find it extraordinary that we have these complaints from Members representing small constituencies. They say that it is quite impossible to do something that is normal for half the House. I have three local authorities in my constituency. That is normal on our side of the Bristol channel, but it is apparently impossible on the Welsh side.

[Sadiq Khan]

If the Minister is so confident in his arguments, why does he not allow the public to make objections and to have a local public inquiry, rather than a bureaucrat in a quango taking only written submissions before reaching a view? The Minister has to answer that question.

Another possible outcome of the proposed consultation is legal challenge by political parties, or local cross-party or apolitical campaign groups, such as Keep Cornwall Whole. Boundary commission decisions could be subject to judicial review. It is worth noting that only one judicial review resulted from the previous boundary review, but in evidence to the Political and Constitutional Reform Committee, Professor Ron Johnston, who is an expert on such matters, said:

“I can well see people using it”—

judicial review—as a means of addressing

“the issues that they think they are not able to address because they are not having public inquiries.”

Excluding those cases when the only change was the name of the constituency, in the fifth periodic review of boundaries 27% of English constituencies were altered by one degree or another following a public inquiry into commission recommendations. In many cases, those inquiries looked at the local ties of a particular village or town. Most of the participants were concerned about the integrity of their local constituency.

--- Later in debate ---

[Dr Whitehead]

As my hon. Friend will know, peruse though one might, it is not possible to find such a pledge. If any party had put such a pledge in its manifesto at the last election, that itself would have been the subject of an internal public inquiry, because of what it would have said about that party’s commitment to the process of electoral change.

On the differences that the boundary reviews will make, I refer to the Isle of Wight, which is close to my constituency but separated by a substantial body of water, the Solent. The proposal, which is likely to come to pass, is that 40,000 people will be taken out of that constituency and distributed somewhere else in Hampshire—they know not where. [Interruption.] They will stay on the Isle of Wight, but for the purposes of political representation they will join another constituency.

The Boundary Commission will have a certain say in the process, because it will have to decide which 40,000 people on the island go to various other parts for their representation. It may decide that they will go to Portsmouth, to Southampton or to the New Forest. Each area has a connecting ferry service to the island, but I am not sure whether the commission can even take into account whether the people and the ferry service should be connected, given the changes that will be made and the Government’s conditions for the new arrangements.

All that will be done on the basis of a boundary commission decision—no public inquiry, some representations and no explanation. That represents a serious and fundamental change to the representation of, admittedly, just one constituency, but the process will be repeated throughout the country in a substantial if not such an extreme way, and if that is not a negation of the public’s right to understand what is happening to their own political processes, I do not what is or will be.

We must vote for amendment 15, which would reintroduce the idea of a public inquiry within particular boundaries and for particular concerns to ensure that it was conducted seriously and not frivolously. The idea that the public should have their say in who they are represented by, how they are represented and where their representation takes place has been a fundamental part of our electoral system for many years, and to throw it out of the window for expediency is a move that will be regretted and a move that we should reject.

[Mr Heath]

Let me start by thanking the hon. Member for Epping Forest (Mrs Laing) for speaking to the amendment on behalf of the Political and Constitutional Reform Committee on which she serves. It is a great pity that the Chair of the Committee, the hon. Member for Nottingham North (Mr Allen), is not also present in order to support its view.

--- Later in debate ---

[Mrs Laing]

On behalf of the Select Committee, I thank the Minister and the Government for listening and acting accordingly.

[Mr Heath]

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.

[Chris Bryant]

Why?

[Mr Heath]

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.

[Mr George Howarth]

The Deputy Leader of the House makes a fair point that those registers were out of date. Does he believe it is of equal concern that 3.5 million people will not be registered by the time the new constituency boundaries are drawn up?

[Mr Heath]

Yes, it is very important that we get people registered, and it is an indictment of the previous Government’s conduct that they totally failed to deal with the gap in registration. However, I have to say that it is not relevant to the issue before us at the moment.

[Sadiq Khan]

The Deputy Leader of the House will be aware that the average time taken for a review in the current system is six years. In his new system it will be three years. Bearing in mind that he has conceded that people will still be missed off the electoral register, is not the real reason for the rush that he wants the change before the next general election rather than the one after?

[Mr Heath]

It is hardly a secret that we want a general election based on fair constituencies, and I do not think that is an unreasonable aspiration.

The second reason why we are abolishing the public inquiries is that they do not achieve their purpose. They do not provide the boundary commissions with a good indication of local opinion to aid them in the process of drawing up constituencies. [Hon. Members: “How do you know?”] I will tell Members how I know—academics have been clear on that point for a number of years. Professors Butler and McLean, in their evidence to the Committee on Standards in Public Life in 2006, argued that a faster approach could

“simplify the system without leading to any significant decline in equity.”

Oral inquiries were described by Professor Ron Johnston and his colleagues, whom the right hon. Member for Tooting quoted several times, as

“very largely an exercise in allowing the political parties to seek influence over the Commission’s recommendations—in which their sole goal is to promote their own electoral interests.”

That is why the right hon. Gentleman and his friends like the system at the moment. It gives the power to the parties, not to the public.

[Sadiq Khan]

The Deputy Leader of the House makes an interesting point and quotes a generalised point that the professor made, but did not he and many other experts also make the specific point that bearing in mind the huge changes that are to be made, this is the one occasion if any when a public inquiry is essential?

[Mr Heath]

No, it is the one occasion when it is absolutely essential that we have the fullest possible consultation process, and that is why we are extending the consultation period for three months, allowing every single person to have their say, not just the political parties that want to turn up at public inquiries. I hope the right hon. Gentleman recognises that.

[Julie Hilling (Bolton West) (Lab)]

rose—

[Ian Lucas]

Will the Deputy Leader of the House give way?

[Mr Heath]

No, I have got to make progress.

The third reason for abolishing inquiries is that they rarely lead to significant changes in recommendations. The statistics that are often prayed in aid of local inquiries usually group together many different constituencies and include changes solely to the names of constituencies, to inflate the figure of the proportion that lead to change. The truth, as Professor Johnston told the Political and Constitutional Reform Committee, is:

“Public inquiries often have no impact.”

The changes are frequently minor. For example, at the time of the fifth general review in England, only 2% of wards in counties where inquiries were held were moved between constituencies as a result.

What the Bill does—[Interruption.] No, let us deal with what the Bill actually does. It improves the process of public consultation, so that the public will be better able to have their say on proposals. That is why we are extending the period for representations on proposals from one month to three. Where a boundary commission revises proposed recommendations, the period of consultation on the revised proposals will be the same.

In making that decision, the Government have considered the approach taken in other nations. We looked at the example of Australia, which has a 28-day consultation period for proposed recommendations, followed by 14 days for comments. The Government propose a longer consultation period of three months.

[Mark Durkan]

The Deputy Leader has said that where a boundary commission reviews its recommendations, they will be subject to a further period of consultation, but a second revision will be final, and there will be no consultation. An appeal will involve people turning to the Secretary of State, who may, under the Bill, prepare an Order in Council with or without modification. The Secretary of State can therefore change things, but the public cannot appeal.

[Mr Heath]

I would answer the hon. Gentleman in two ways, and I know that he takes a serious interest in these matters. The second inquiry, as he puts it, does not happen now. Once a boundary commission makes its final conclusions, that is the end of the story—and there has to be an end to the process. In the Bill, we are establishing a longer and more thorough process of consultation, all of which will be in the open, rather than in secret, because it will all be published and available for people to see. That is a fairer way of doing things than having highly paid QCs representing two big parties simply making partisan points in front of an assistant commissioner.

[Ian Lucas]

If the Minister believes that abolishing public inquiries into boundary reforms is such a good idea, will he tell me whether he proposed them before the general election?

[Mr Heath]

We did not propose legislation on the Boundary Commission at that point, but we are doing so now, and those are the proposals before the hon. Gentleman. He must look at them and see whether they make sense. I believe that they do.

During our discussions, we have had a flavour of some of the arguments that are put before commissioners in public inquiries. We have had people claiming that constituencies can never cross a river. We have had Members complaining that they cannot have a connection to more than one local authority in their constituency. Those are the sorts of spurious argument that a public inquiry throws out of court every time.

[Sadiq Khan]

The Deputy Leader of the House quoted Professor Johnston out of context and now has issues with lawyers earning lots of money in inquiries. Will he confirm that Professor Johnston said:

“I can well see people using”

judicial review

“as a reason for addressing the issues that they think they are not able to address because they are not having public inquiries”?

Does the Minister agree with Professor Johnston or does he not?

[Mr Heath]

If each of the boundary commissions does a thorough job, which I fully expect them to, and takes the proper matters into consideration, I do not expect an increase in judicial review. That is my answer to the right hon. Gentleman. He mentions the fact that he is a lawyer and that I do not like highly paid lawyers very much, but I am surprised that he decries the idea of submissions being made in writing rather than orally, because that is a well-known and fundamental principle in law.

The improved process in the Bill will deliver faster reviews. Time-consuming public inquiries that do not bring new arguments to the table and which are dominated by parties attempting to advance their electoral interests are not beneficial in Northern Ireland or anywhere in the UK. I urge hon. Members not to press the amendments.