Parliamentary Constituencies Bill (Sixth sitting) Debate
Full Debate: Read Full DebateDavid Linden
Main Page: David Linden (Scottish National Party - Glasgow East)Department Debates - View all David Linden's debates with the Cabinet Office
(4 years, 5 months ago)
Public Bill CommitteesIt is a great pleasure to see you in the chair, Sir David—welcome to our deliberations. I certainly do not wish to detain the Committee long, not least because I see that the Minister is chewing a sweetie, and if I sit down quickly, I will put her in a difficult position. Amendment 10, which is supported by the hon. Member for Ceredigion, was tabled with a view to making the lives of the boundary commissioners a little easier by giving them some room for manoeuvre.
As the Committee will recall, during the evidence session on 19 June, Ms Drummond-Murray of the Boundary Commission for Scottish, in response to question 6, spoke of things being “problematic” in the last review because of the restrictions in the number of hearings set out in statute. She made it clear that covering a country the size of Scotland, and doing so with only five hearings, was problematic. The amendment would remove that restriction.
As I was gently discussing this with the hon. Member for West Bromwich West earlier, something that came through from the evidence sessions and over the course of this morning’s sitting was a respect for the boundary commissions and a desire to try to make their lives as easy as possible. The amendment would not alter the fundamental principles of the Bill; it seeks merely to give the commissioners the flexibility to undertake the public engagement that is welcomed—and not just by the hon. Member for West Bromwich West, but by us all in our communities. It seeks to give that flexibility to commissioners to undertake public engagement. I hope that the Government will support my amendment, and I look forward to hearing her thoughts on the proposal.
I will address both clause 4 and the amendment in one breath. As currently drafted, the rules governing the boundary reviews provide that there should be between two and five public hearings in each of Wales, Scotland, Northern Ireland and the nine English regions. The amendment would make the number of public hearings a matter of judgment for each of the boundary commissions. I am confident that I understand the argument that the hon. Gentleman made, and I am grateful to him for tabling the amendment in the spirit of improving and prioritising public consultation of the existing framework, which is very important.
My reservation about the amendment is that we need to give the boundary commissions clear rules that are in themselves unimpeachable. As we discussed this morning, there is of course great interest in getting the result right so that it can carry trust and command confidence. To that end, a clear and unambiguous framework is helpful; it would allow the boundary commissions to better preserve both their actual and perceived independence.
By mandating a particular number of hearings, we are saying that the commissions are able to deploy their technical expertise in a legally certain environment in which their independence could not be challenged for the wrong reasons—for example, on the grounds of process, or on grounds such as, “You didn’t do enough hearings here,” “You did too many hearings there,” or, “You didn’t give us a fair voice here and gave somebody else an overly large voice over there.”
I would put the argument at that level: instead of removing it entirely, it is right to maintain that set of guidelines for how many hearings there ought to be, because it allows for there to be a greater degree of public trust around the fairness of the process of the hearings. I hope that argument is enough to engage the interest of the hon. Member for Glasgow East, and to persuade him and the hon. Member for Ceredigion not to press the amendment.
I point out to the Committee that any vote on amendment 10 will be later in our proceedings. If the hon. Member for Glasgow East wishes to press the amendment to a Division, it will be later in our proceedings.
I thank the Minister and the hon. Members for Lancaster and Fleetwood, for City of Chester, for Eltham, and for Ceredigion for their considered remarks. During our discussions I reflected that perhaps this morning, we dealt with one of the more controversial aspects of the Bill with automaticity, but we have now moved to discussing hearings and where they should take place, so I am glad to have brought the temperature down, if not physically.
I detected from the Minister, particularly in response to my hon. Friend the Member for Ceredigion, that the measure is something the Government are willing to consider if there is a way that we could work together to try to table an amendment on Report. The Minister will be aware that the amendment was in no way motivated by party politics. It is about trying to assist the commissions, so I propose to withdraw the amendment on the understanding that the Government discuss with me and my hon. Friend the Member for Ceredigion some form of amendment that could perhaps be tabled on Report to address the issues that I still think are outstanding and that have been put on the record by Ms Drummond-Murray. On that basis, I will not press amendment 10 to a vote.
I thank the hon. Gentleman for his advance warning that that is what he will do. It will be helpful as far as the administration of the Bill is concerned.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5
Number of parliamentary constituencies
Question proposed, That the clause stand part of the Bill.
Briefly, several of the factors that the Minister outlined were blindingly obviously after 2015 as well. The population in this country was going up and there had been a referendum to leave the European Union. Was it not, frankly, the shallowness of David Cameron and the stubbornness of the right hon. Member for Maidenhead (Mrs May) that meant that the Government have had to make the change now that they could have made before? We would then have been here representing different constituencies. There is no shame in saying that the former leadership of the party—it is probably unwise to attack the current leadership—got it wrong and that is why they have done a U-turn.
Can I say what a pleasure it is to see clause 5 in the Bill? I spent about 30 sittings of my life in the last Parliament on the Parliamentary Constituencies (Amendment) Bill Committee, brought forward by the wonderful hon. Member for Manchester, Gorton (Afzal Khan). On that Committee were me, the Minister, the hon. Member for Coventry North East, the hon. Member for Lancaster and Fleetwood and the hon. Member for City of Chester, with whom I have grown incredibly close over this issue and through the armed forces parliamentary scheme. It is a genuine delight to be on the Committee.
I used to trot along the corridor every Wednesday morning to come and argue that there should be 650 seats. At the time, the Minister, only six months ago, was resolutely opposed to that. So it is with a degree of glee that I hear her talk about that 5% population growth. I know that, on the Committee, I, the hon. Member for Lancaster and Fleetwood and the Minister have had children, but I can safely say that we have not contributed 5% population growth in the last six months. Therefore, the U-turn is quite remarkable.
There is also an argument based on Britain leaving the European Union. I accept that. It will be a travesty and bad for Scotland, which is probably why people in Scotland voted against it, but if we follow to its logical conclusion the argument about losing 73 MEPs who used to go to Brussels and debate and legislate on our behalf, and all those laws coming back to the UK Parliament—by and large they are coming back to it as a result of a power grab by the UK Government who are not devolving the powers on to institutions such as the Welsh Assembly and Scottish Parliament—presumably we should increase the number of seats, commensurately with MPs’ increased workload. Like the hon. Member for Lancaster and Fleetwood I am perplexed that the number remains at 650.
I want to pick up on the Minister’s point about cutting the cost of politics. One of the things that I tried to bring up in those enlightening Wednesday morning Committee sittings—with more ease some weeks than others—was that the Government’s argument that they are cutting the cost of politics is problematic because of the other place.
I am grateful that that revolutionary from Yorkshire, the right hon. Member for Elmet and Rothwell, agrees that we should abolish their lordships. The Government need to be consistent if they make the argument about cutting costs. Even this week we hear that the Prime Minister’s chief aide Eddie Lister is off to join the House of Lords, with £305 a day tax-free for the rest of his life, without ever being subject to a vote.
The House of Lords is an utterly undemocratic institution. There are only two places in the world where hereditary chieftains retain the right to make law. One is the United Kingdom and other is Lesotho. There are only three parts of the world where clerics retain the right to legislate. We have 26 bishops, the Lords Spiritual, who legislate by virtue of their religion. The other countries, of course, are Iran and the Isle of Man. If the Minister, therefore, wants, as she has said today, to talk about cutting the cost of politics, may I gently suggest that in the previous Parliament the Bill was starting at the wrong end, with the election of MPs? Perhaps if we want to cut the cost of politics we should end the circus down the other side of the building.
The hon. Gentleman picks up where I was cut off by the time limit in my Second Reading speech, and I could not agree with him more. When I was preparing my Second Reading speech I looked at the Hansard report of the debate from the late 1990s on reform of the House of Lords under Tony Blair. I was struck to see such familiar names as Ted Heath. Giants of the British political scene made arguments that we make in exactly the same form today. I looked into the cost of the House of Lords, and it is not the same as the cost of House of Commons, but it is not far off. There is no right of removal, and we avert our eyes from what is inappropriately still a hereditary principle, when we all know that is not a good enough reason for anyone to hold status in public life any more. I hope that a bold, reforming one nation Government will have, at some point in the next five to 10 years, an eye on that, because it is the elephant in the Palace.
I have watched the hon. Lady in the last couple of weeks in the Chamber and she has been incredibly thoughtful. I suspect that the Government Whip is probably wincing slightly but the House is all the richer for people who are willing to stand up and say, “If we are going to talk about the future of the UK constitution we need to address the fact that in 2020 we still have people who have been there many years and have never been subject to a vote.” She is right to say that.
As the hon. Gentleman has picked up, there is quite a lot of agreement about the other place. However, I do not think it is particularly fair on the Minister to be talking about it when we are trying to deal with a constitutional Bill on the House of Commons, and on how we vote. I say to him gently that I understand the arguments that he makes, and there is merit in them. He has some cross-party agreement. Voting on the other place has always tended to be a free vote, and it has always fallen at the last hurdle. I would be more than happy to have discussions with the hon. Gentleman if he could find positive ways to move forward on the subject. I am just not sure today is the right moment.
Order. I have been biding by time about when to intervene. We have now had two interventions that were long speeches. Can we stick to the Bill? The Bill has nothing to do with reform of the House of Lords.
Thank you very much, Sir David. I do not want to challenge the establishment too much when you are in the Chair, so I will avoid being taken down the path that these unruly Conservatives would have me go down—of course, I was so much in order. Perhaps my remarks in the last few minutes have been slightly cheekie-chappie, but I want to say that I am delighted to see the clause in the Bill. It would be remiss of us not to put on the record our thanks to the hon. Member for Manchester, Gorton, who tried to keep this issue alive in the previous Parliament and, as a result, we find ourselves with a Bill that is by no means perfect, but the clause is one of the better things in it. With that, and I am sure to everyone’s relief, I bring my remarks to a close.
The Bill gets more and more curious. The Minister argued consistently on previous clauses for a position that would have prevented us from getting to the clause, had we been in that position of automaticity and the previous boundary reviews had gone through. If it were not for Parliament’s ability to have a second look at what had been set in train, we would not have the clause to have 650 MPs.
It is curious for the Minister to stand up and say that is the right decision and what we should do when she has also argued for something that would have prevented us from getting to this position. That is the argument in favour of Parliament giving the final approval on whatever the boundary commission proposes. It is clear that going down to 600 MPs was a schism imposed on us by two ambitious young politicians who got together in a rose garden and completely fell in love. It was the wrong decision, and when Parliament got the chance to take a second look, it came to a conclusion that both sides of the House support. With the situation we are in, which we have been in for a long time—MPs represent greater numbers of constituents than ever before, and in some of our inner-city areas that involves many people who cannot go on the electoral register—it has been obvious that we should not cut the number of MPs. We are where we are, but that highlights how the Government are arguing for a position that would have resulted in us making a huge error, had it been in place at the time of the last boundary review.
I will speak only briefly. In fact, I only sought to catch your eye, Sir David, after my right hon. Friend the Member for Warley gave advice to the Minister, based on his years of experience, that she was entitled to criticise previous leaders who may no longer be with us. I thought I would therefore take the opportunity to do what I promised earlier and compliment the Minister on changing her position. I said how she would prove to be flexible, and this is what I was talking about. As my hon. Friend the Member for Lancaster and Fleetwood said, the reversion to 650 is the right decision, and I very much welcome it. However, as my hon. Friend the Member for Eltham just said, is it not great that we are in a position to do that, because automaticity was not in the Bill? I will leave it at that.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clause 6
Taking account of local government boundaries
I beg to move amendment 8, in clause 6, page 4, line 35, before “for” insert “(a)”
This is linked to amendment 9.
With this it will be convenient to discuss the following:
Amendment 9, in clause 6, page 4, line 37, at end insert—
‘, and
(b) after paragraph (c), insert—
“(ca) boundaries of polling districts, where useable data is available;”’.
Polling District mapping is available in standard GIS formats in many areas. This allows the data to be used by the Boundary Commissions if they think fit.
New clause 9—Completeness of the Electoral Register—
‘(1) The 1986 Act is amended as follows.
(2) In rule 5(1) of Schedule 2 to the 1986 Act, at end insert—
“(f) data from the Department for Work and Pensions about non-registered voters eligible to vote.’.
I shall speak to amendment 9. During Second Reading, I was struck by the thoughtful approach of the right hon. Member for Elmet and Rothwell, who made a plea—often repeated during the evidence sessions—for commissioners to move away from using wards as the building blocks for drawing up constituencies, and instead to break it down and use more manageable and flexible building blocks. That point was also pressed many times by the right hon. Member for Basingstoke.
In evidence from Ms Drummond-Murray during the evidence session of June 18—referring specifically to Question 8 of that session—the Committee will have noted that Scotland can break it down by postcode, if necessary, rather than using the more clunky ward building blocks. Furthermore, evidence given by Mr Scott Martin, solicitor at the SNP, drew the attention of Members to spatialhub.scot and the technology that is in play north of the border, in response to Question 102 at the Bill’s evidence session of June 18.
Polling districts are usually natural communities on their own, and are good building blocks for constituencies when wards cannot be used. Drawing constituencies using polling districts also makes the constituencies much easier to implement for the electoral administrators. They just need to reallocate the constituency that applies to each polling district, rather than allocating each individual elector. It also means that voters will not need to be allocated to different polling places when boundaries are redrawn. The parties referred to by Sir David should also be borne in mind here. Political parties that select their candidates on the basis of their members’ vote are the first users of constituency boundary data. Reallocating polling districts rather than drawing new boundaries makes it easier for political parties to ballot their members, which they may wish to do before the new boundaries are effective on the electoral registers. I remind the Committee that amendment 9 seeks to add to the tool box for the boundary commission. Rule 5(1) lists factors that a boundary commission “may take into account” to such an extent as it sees “fit”. Amendment 9 also recognises that a polling district’s data may not always be usable, clearly ensuring that it stays as set out and that the data is only used by the relevant boundary commission satisfied that a particular area and data are properly usable. Amendment 9 merely supplements clause 6 and allows boundary commissioners to draw upon technology as set out in the Bill’s explanatory notes.
I am keen to hear the Government’s thoughts on the amendment, and if they plan to object I would like to hear the reason; I will make a judgement on that before I decide whether to press the matter to a vote. I have outlined the rationale behind the amendment, and I look forward to the Minister’s feedback.
I wanted to make a couple of short comments on amendments 8 and 9, and commend the hon. Member for Glasgow East—he confesses to being a “cheeky chappie”—for tabling them. The amendments may be probing amendments, as I do not necessarily think they would apply in his neck of the woods, but they would certainly apply in England and Wales. I can see why he has tabled them, following our discussions, because they would put on the face of the Bill a requirement that polling district mapping be available for use. It became clear in our evidence that that was not the case; that is why evidence sessions are so useful. I am sure that hon. Members will, like me, be paying quite particular attention to their constituency information, and indeed their polling district information, not least because we are often asked to comment on where polling stations are, and our in-depth knowledge of our constituencies is an important part of our job. We know where the polling stations are and where the polling district boundaries are.
I was quite blown away by some of the responses to the questions I put to Mr Bellringer from the English boundary commission. Returning to amendment 9 before I go into exactly what he said, I understand why the hon. Member for Glasgow East tabled it. If we are going to really do what the Bill requires, which is to create equal-sized constituencies, going to a sub-ward level, whether that is, as he suggested, through polling districts, or—as in my line of questioning to the boundary commission—through postcodes, as in the part of the United Kingdom from which the hon. Member for Glasgow East comes, we need to be able to manipulate the data and the constituency information we have on a very refined level. It seemed odd that that has not been explored in the detail that hon. Members might have expected.
Sir Iain McLean, when he gave evidence, talked about the tension between getting equal-sized constituencies and the issues around local ties, which we discussed in earlier strings of amendments. The importance of equal size is clearly pre-eminent in the Bill and the amendment we are talking about now is important to deliver that important strategic focus of the legislation.
I was perplexed first by the inconsistent approach to the use of sub-ward level data in England, Scotland and Wales, and the fact that postcode data is used in Scotland and Wales but not in England. When I pressed that with Mr Bellringer, he very clearly said on the record that that information was very difficult for the boundary commission to come by; it would take a long time to access the data in the detail required. I was then perplexed by my further lines of questioning to Mr Bellringer, which made me think that, frankly, sub-ward level data had been put into the box marked “too difficult” and it was not necessarily going to be revisited. I would like to send a clear message from the Committee: that that must be revisited.
Although I am not sure I would necessarily support the amendment tabled by the hon. Member for Glasgow East at this point, not least because we are still waiting for a note from the boundary commission on how it might handle this, I hope it is listening to the debate to hear the strength of feeling on the matter. For postcodes, Mr Bellringer said,
“we do not have the postcode areas in England. We would have to create them; they could be created, but it would take an awfully long time to do.”—[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 12, Q14.]
We can wait until that data is ready, if it takes six months or 12 months. The boundary commission needs to start setting the bar a little higher than it has to date on the sort of information it has to hand. Sir Iain McLean suggested that the boundary commission should invest in geographical information systems. I do not profess to be an expert in that and I do not know whether that is what is needed. However, if it is, it should be forthcoming because it is important that we deliver the heart of the Bill, which is about equal constituencies. At the moment, I am unclear about how the boundary commission in England is going to do that. I hope the paper it sends us will edify me on that point.
The stand part debate is separate. I am also in some difficulty, because this is all being organised remotely and the person who has organised it is not physically present. The right hon. Lady is quite right that it will be taken later in our proceedings.
I will say to the Clerks that, for future sittings, they may want to think about that a bit more carefully, inasmuch as Committee members are right to be confused about the order of our proceedings. As this is more or less a new Parliament; there are some hon. Members who have never served in Committee before. I will send that message so we can be more helpful in future sittings.
Further to that point of order, Sir David. I wonder whether it might helpful for the Committee to suspend proceedings for a minute or two, until we understand exactly what is happening. I confess that in the last minute or so I have become more confused.
Here we go on the discussion of the franchise, which is a very large discussion, and I think, Sir David, you would rightly suggest we stay off it and remain within the matter in hand; but my right hon. Friend makes the point well that there are a number of different franchises in operation in this country, and there are a number of arguments for other groups to be added to the franchise. There are common arguments that those under 18, or European Union electors, should be added, but they are not in the scope of the Bill before the Committee, and in my opinion that is right. We have the correct data set, identified under the 1986 Act, as amended, and upheld in the Bill .
I hope that hon. Members will agree that the requirement that the new clause would put on the Department for Work and Pensions would not be technically correct or proportionate to its aim. I might add—although it is perhaps unwise as it might reopen the debate that we had about how the boundary commissions use data—that there is a further step that needs to be thought through, about how any such data could be used by the commissions. To use an example that I know hon. Members will appreciate, DWP records are not broken down by electoral ward—the very thing that we just spent some time discussing as the primary building block for parliamentary constituencies. A quite complex matching process would be required. That would take some time and of course doing it would have a price tag attached.
That is not the principal subject that the Committee is considering. I welcome the interest of the hon. Member for Lancaster and Fleetwood in how to include all people in our democratic process—the process represented in the Bill. She is coming from an admirable, principled place in tabling the new clause, and I have great sympathy with it, because I, like her, want as many people as possible to be registered to vote and take part, and to be counted within the purview of the Bill. However, I do not think that the new clause is a correct or proportionate way to achieve the goal.
I think that some time has elapsed, and the conversation has moved on somewhat, since I spoke to amendments 8 and 9. I referred to myself as a cheeky chappie, and the Minister referred to me as an agent provocateur, and of course the right hon. Member for Basingstoke is right: I do not have any skin in the game in this debate, because the situation is different north of the border. However, I was genuinely interested in what came up in the course of the evidence sittings. The point brought out a degree of interest in the Committee, and I tabled amendments 8 and 9 on that basis. I think most Members will have guessed by now that they are probing amendments. I am relatively satisfied that they fulfilled the objective of stimulating debate and thought in the Government, and on that basis I thank the Committee for the discussion, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
I beg to move amendment 6, in clause 6, page 4, line 36, leave out
‘which exist, or are prospective, on the review date’.
This amendment removes the restriction on the local government boundaries the Boundary Commissions may take into account, rather than fixing them at a technical level as at the start of the review.
With this it will be convenient to discuss amendment 7, in clause 6, page 4, line 38, leave out subsections (3) and (4).
This is linked to amendment 6 and removes the detailed definition of a “prospective” local government boundary.
I rise to speak to amendments 6 and 7, tabled in my name and that of my hon. Friend the Member for Ceredigion. I do not wish to detain the Committee for long, so I will be brief in explaining the rationale behind these probing amendments. One of the clearest themes throughout our evidence hearings, particularly with boundary commissioners, was a request to leave them with as much latitude and flexibility as possible and not to tie their hands. The amendments seek to remove the restriction on local government boundaries that the boundary commission may take into account, rather than fixing them at a technical level as at the start of the review.
The use of modern technologies should give the boundary commissions the ability to adapt to local authority reviews during the course of their reviews in a way not envisaged when the original legislation was put in place in 1944. There are also likely to be local authority ward reviews all but completed at the start of the review but for which orders had not been laid to give effect to them. I am all for giving the boundary commissions the flexibility they need to get on with the job, and I hope that the Government are with me on that. The Bill helps in allowing prospective boundaries to be taken into account, but they are all fixed at the start of the review, and I am for further flexibility.
As I indicated, this is a probing amendment, so I would be interested to hear the Minister’s thoughts on the merit of the suggestion and whether the Government feel that such flexibility for the boundary commission would be of use. I am happy to resume my seat and hear what the Minister has to say.
I do not wish to detain the Committee for long. My hon. Friend the Member for Glasgow East explained the rationale behind the amendments and how we want to probe for a bit of debate. This gives me an opportunity to make history, potentially, because I will urge caution about accepting the amendment that I support, in the light of written evidence from Councillor Dick Cole of Cornwall Council, submitted to the Committee after the oral evidence sessions concluded. I would be interested to hear the Minister’s thoughts on his letter, and particularly on the rights of Cornwall as a historic nation. Sir David, you were kind to allow me to tread on unfamiliar territory during the evidence sessions in asking about feelings about a cross-Tamar constituency. Having studied the matter further, I understand that people in Cornwall feel strongly about it, and rightly so.
The Committee’s attention should be drawn in particular to a decision made by the UK Government in 2014, where they recognised the Cornish people through the framework convention for the protection of national minorities. One part of the convention seeks to protect the political integrity of territories associated with groups such as the Cornish people. When the Minister sums up, could she say whether anything can be done as part of the Bill to address such concerns? I note there are a few calls for a boundary commission for Cornwall to be set up. I would be interested in hearing what is possible, because Councillor Cole has raised valid concerns that we should at least look at.
My intention with amendments 6 and 7 was certainly not to declare war between Norfolk and Suffolk. As I outlined in my remarks, they are probing amendments; my intention was to stimulate discussion, and I am content that that has happened. At one stage, I was almost getting ready to ask my hon. Friend the Member for Ceredigion to move over and let the right hon. Member for Elmet and Rothwell come over and join the Celtic alliance.
More seriously, I think these amendments have informed the Committee’s debates, which was their objective. I am grateful for having had the opportunity to discuss them, and on that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
On a point of order, Sir David. I think we have had a very productive day so far, and our intention was to conclude proceedings at 4.45 pm.
Ordered, That further consideration be now adjourned. —(Eddie Hughes.)