Parliamentary Constituencies Bill (Eighth sitting)

David Linden Excerpts

Committee stage & Committee Debate: 8th sitting: House of Commons
Tuesday 30th June 2020 Public Bill Committees

[Bim Afolami]

I was about to agree with the right hon. Gentleman. However, the point of our system is that in response to arguments, the boundary commission changes what it has proposed. Members can correct me if I am wrong, but I think that during either the 2013 review or the 2018 one—as we all know, those reviews were abandoned because the House failed to approve them—almost 50% of the changes that were made were changed in response to submissions, both from Members who were in the House at the time and from other interested parties, including members of the public.

I have no doubt that the boundary commission will make mistakes, but I trust the ingenuity of those people who will be able to challenge it: not just Members, but political parties, members of the public and random geeks who do this sort of thing for fun. I trust that the boundary commission will listen to reasonable representations—particularly those regarding local ties and linguistic points, which the hon. Member for Ceredigion spoke about earlier—and that we can get this right. We need to get the margin of appreciation as tight as possible so that the votes of all members of the public in this country can count equally. That is a very important principle, and one that I support.

[David Linden (Glasgow East) (SNP)]

I am listening very closely to the hon. Gentleman. The Committee has talked at great length about the importance of voters having an equal say. Does he accept, however, that until people in this House are willing to be grown up enough to address the inadequacies of the first-past-the-post system, we are—I do not want to say “unable to pee and chew gum”—putting our effort in the wrong place? Quite rightly, we are saying that we want to have equal voting in constituencies, but we are unwilling to talk about the inadequacies of first past the post.

[Bim Afolami]

At the risk of straying from the measures covered by this new clause, we can have that debate. I happen to support the first-past-the-post system, but I understand that there are very good reasons for not doing so. However, that is not the place of this Bill. If people wanted another referendum on the voting system, I think first past the post would win, as it did several years ago, but I am perfectly happy to have that debate.

In relation to the point made by the hon. Member for Glasgow East about the inadequacies of first past the post, those who do not like that system need to accept that if one is going to respect local ties and local communities and regard them as important, one cannot at the same time support moving to a system that involves much bigger regions, such as a single transferable vote system, or proportional representation generally. That would negate the original point. There are a lot of things that people say they like about the first-past-the-post system. I am not saying that they like every aspect. For example, there are people in my constituency who vote Green, and it is unlikely that the Greens would ever win in my constituency—although, of course, strange things happen in politics. Those who vote Green might say, “I never get a chance for my vote to count.” I appreciate that, but one aspect that people do like about the first-past-the-post system is the fact that community ties are respected and they feel that their Member of Parliament to some degree represents what they feel their community to be like.

We have talked about the difficulties of this. Of course the boundary commission gets it wrong sometimes, but it is up to us, members of the public, political parties and the geeks who do this stuff for fun to try to ensure that the constituencies make sense, because that, I think, is the core of the legitimacy of the first-past-the-post system. And if—this, I suppose, is a warning to the Government or, indeed, anybody else—this whole process were mismanaged and the boundary commission ended up not listening to members of the public, constituencies, Members of Parliament and so on and not making sure that the constituencies did pee and chew gum at the same time, we would get delegitimisation of the first-past-the-post system, because people would not be feeling that they would be voting for a particular Member who represented their community. Therefore I think that it is a point well made.

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[Christian Matheson]

I absolutely agree, which is why, to develop my argument and to answer the right hon. Lady directly, the new clause in my name and that of my hon. Friend the Member for Lancaster and Fleetwood does not seek to maintain the current number of constituencies in Wales. We accept—as we accepted, incidentally, with regard to the previous new clause that we talked about—that there has to be some level of equalisation of constituencies.

That means that Wales and Scotland will lose seats, but in order to manage the different pressures between getting equalisation and maintaining the integrity and strength of the Union and the diverse voices within it, the new clause seeks to maintain a balance by specifying a number of constituencies that is fewer, for example, than Wales has now, but more than it would have if absolute equalisation took place. We are therefore addressing some of the points that the right hon. Lady mentioned, and trying to strike a balance that puts the interests of the Union at the heart of the Bill.

[David Linden (Glasgow East) (SNP)]

I am listening to the hon. Member very carefully. It will come as no surprise to the Committee that for me, as a Scottish nationalist, the strength and harmony of the Union is not something that generally keeps me awake at night; it often helps me to get to sleep. However, there is a point here. I do not want to conduct a debate with the right hon. Member for Basingstoke and the hon. Member for City of Chester, but it is very important for members of the Committee to reflect on the fact that this is not the first chipping away of the strength and harmony of the Union in this place.

The right hon. Lady talked about powers being devolved to Scotland and to Cardiff Bay, but let us not forget that this Conservative Government has introduced such things as English votes for English laws. That in itself has been a way of ensuring that Members of Parliament representing constituencies in England can have their say and has, in many respects, already opened up a second-class or second-tier Member of Parliament. I suggest to the hon. Gentleman that the issue the Committee is considering at the moment is not the first time that we have seen the integrity and harmony of the Union being chipped away, albeit inadvertently, by this Government.

[Christian Matheson]

The hon. Gentleman makes a salient point. I would suggest that we have English devolution, and if we were logical in these arguments, we would reduce the number of constituencies available in those parts of England where there has been devolution but not in the parts where there has not been. In my own area, for example, we do not have an elected mayor, whereas Greater Manchester—I see the hon. Member for Heywood and Middleton is present—does have an elected mayor.

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[Ben Lake]

I thank the hon. Member for City of Chester for such a thought-provoking speech. I have thoroughly enjoyed our debate and I am perfectly willing to accept the charge of being a constitutional geek. We have debated a range of issues that really get to the heart of democracy and the questions of representation and what that entails. What the hon. Gentleman touched upon just now is something that we have not had an opportunity to discuss too much in Committee: the different challenges that an urban Member of Parliament might face compared with a Member of Parliament in a more rural constituency. I do not downplay the challenges of either; I simply say that there are different considerations and challenges. Although we might not be able to address some of those challenges in this Bill, I am sure the House authorities will have to do so in future. In the same way that it is unfair for a Member to try to represent a constituency of 100,000 electors, it is quite a behemoth task for a Member to do justice to a constituency that is more than 90 miles wide with a continuous population throughout it.

My point in relation to amendment (a) to new clause 3 —I am also willing to admit the charge of being a cheeky chappie in proposing the amendment—is purely to spark a bit of a debate around how we go about allocating seats between the four nations of the United Kingdom, and more specifically the appropriateness or otherwise of a single UK-wide electoral quota. I am here for the debate. I have my own set of views, which Members have probably already guessed, but the amendment is worth probing and it is worth having a discussion about some of the reasoning behind the single UK quota and, as my hon. Friend the Member for City of Chester also illustrated in some detail, the possible unintended consequences.

There has been a common theme in not only the evidence sessions but in Committee discussions about the question of Wales: the elephant in the room. We cannot deny the fact that Wales, in terms of registered electors, is over-represented in this place. If we take a single UK-wide electoral quota, there is no argument. What I am trying to probe is whether we should apply a single UK electoral quota across the four nations. Points have already been made about the differential nature of devolution across the UK. The hon. Member for Heywood and Middleton correctly pointed out the fact that it has been piecemeal. To quote a famous Labour colleague in Wales, devolution has very much been,

“a process, not an event”.

I am glad to get that on the record.

Something that was raised in the first evidence session stuck with me; it was presented by the representative of the Liberal Democrats. He used the line of “no reduction, no further devolution.” It made me think about the rationale behind approaching a single UK electoral quota. If I were a Unionist, I would be quite concerned and would stay up at night worrying about the potential consequences of the provisions in the Bill for future boundary reviews, given that they are based on registered electors, when demographics and population change.

The differences in population between England and Wales are illustrative of how things might transpire or are likely to transpire. Between 2001—not quite the precise time of the last register—and the mid-year estimate of 2018, the population of Wales grew by 200,000. That is not a great deal in the broader scheme of things, but it is still an increase in the electorate. I know the point is that population growth in Wales is slower than in other parts of the UK, and it is likely to remain the case that Wales will not grow as quickly as other areas. The consequence of that, should the measures in the Bill be implemented, is that we will be talking about yet a further reduction in the number of Welsh seats at the next boundary review. That is based on the projections provided by the Office for National Statistics—it is a very real likelihood. I hope things will change, but unless we see some drastic changes in demographic trends and migration within the UK, Wales is unlikely to catch up with the pace of population growth.

What does that leave us with? It leaves us with a situation in which the number of representatives who are sent from Wales to this place will initially reduce by about eight—that is the figure that is commonly agreed on for this review. A further one or two seats will then be lost at each subsequent review every eight years or so, such is the disparity in the population growth figures. I am suggesting that, in maintaining 40 Members of Parliament, we focus on what we do about the nations. How do we tackle this constitutional problem? We are a Union of four nations. Although I completely empathise with and understand the arguments made for maintaining electoral quality as far as possible, I am very conscious of the fact that, to all intents and purposes, we have a unicameral system of elected representation. Yes, the House of Lords could be a vehicle to try to top up the territorial representation side of things, but that is not an issue that is being discussed at the moment in any great detail.

[David Linden]

At the risk of having a bash-the-House-of-Lords session, which I am sure the right hon. Member for Elmet and Rothwell would enjoy, is there not a case for looking at the situation in the House of Lords—ironically—where certain demographics are protected? For example, there are 92 hereditary peers and 26 clerics. If we can protect particular demographics in the House of Lords, such as clerics and hereditary peers, why can we not do it for the four nations?

[Ben Lake]

The hon. Gentleman makes a good point, and my views on House of Lords reform are well known. Should we be serious about trying to make the best possible use of a second Chamber, many countries across the world have shown how a second Chamber can be used to top up geographical or territorial concerns. I would like to see the House of Lords reformed in that kind of direction.

I would also be quite happy to explore further whether we need to have some sort of an agreement at this point in time about the disparities between the number of seats for each of the four nations. It is already the case that should there be anything that agitates a lot of popular sentiment in England only, there is a very good chance that it will come to pass and that a majority decision in its favour will happen in this place. That is not necessarily the case for Wales or for the other two devolved nations of the United Kingdom. Although it is unlikely that we will manage to address the issue in the Bill, it is nevertheless something to which we need to give active consideration—I say that as somebody of a particular political persuasion.

The situation in Wales is perhaps slightly different from that in Northern Ireland. The devolution settlement is not as developed and deep as the one in Scotland, or indeed the one in Northern Ireland. There are certain important spheres of policy—policing and the judiciary, for example—that are reserved to Westminster and apply to Wales. That is not the case for my colleagues and friends from Scotland, so there are plenty of arguments why there is still a special case to be made for Wales within an unreformed Parliament. When I say “unreformed”, I mean the House of Lords continuing in its current constitutional position.

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[Shaun Bailey]

I am saying that we have to take a pragmatic approach to how we view our United Kingdom; as a Unionist, I would never say that the role that the hon. Gentleman speaks of is diminished. It would be remiss not to recognise that voters, particularly in the devolved nations, understand the differences I mentioned. We talk about reducing the number of constituencies in areas of the UK; in a way, we have to balance that with the democratic structures that now exist there.

[David Linden]

The hon. Gentleman makes a thoughtful argument, but I rather feel that he is trying to square a circle. I follow where he is going with his point on the different legislatures that are available. My constituents have a Member of the UK Parliament, a local councillor and a Member of the Scottish Parliament. The problem with his argument is that until fairly recently, they also had a Member of the European Parliament. We are leaving the European Union—certainly not a change that I approve of—and legislative powers are, by and large, coming back from Brussels to Westminster. Under the Bill, those legislative powers will remain in Westminster, and representation for people in Scotland, including in my constituency, is diminished as a result. Can he not see that he is trying to square a circle in respect of Europe’s legislative powers?

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[Christian Matheson]

I do not want to take too long, but both interventions were correct. The point is that some powers will go straight to the devolved Assemblies and Parliaments, but others will remain here. We are where we are.

Let me deal with the Unionist point of view first. When England play football, rugby or cricket, I support England, but I am also British and I am proud to be so. I have a sense of identity that tells me I am British. I do worry that the Union will be weakened under the Bill, because people will feel, in the nations other than England, that their voices are being diminished. That bothers me.

The Minister is right: there is a broader constitutional issue here. We are not trying to fix the constitutional issue, but we are trying not to damage it further. I do not want this to become an English Parliament. The hon. Member for Glasgow East talks about English votes for English laws, which, let’s face it, is a hotch-potch even now. There is a danger that this becomes an English Parliament and is seen as an English Parliament in the nations that are not England. That is my concern.

[David Linden]

I am immensely grateful to the hon. Member for City of Chester for giving way. It is just interesting to note that the issue of English votes for English laws might have passed hon. Members by. That particular Standing Order has been suspended during the proceedings of the virtual Parliament. I will leave it to the Committee to ponder whether it might be a good idea to bring that back when virtual proceedings end. A lot of people, regardless of whether they are Unionists or nationalists, would think that English votes for English laws is a pretty silly policy in this place.

[Christian Matheson]

I had not noticed that. You learn something new every day in this Committee. I think the Minister was unfair to characterise this idea as we think we know better. It is not that; it is simply that we are proposing to do the process differently to bring in balance. That is something that I have talked about on this clause and other clauses, and that my hon. Friend the Member for Lancaster and Fleetwood has talked about. We are trying to find a balance between community and numbers and geography and numbers. It is difficult and we have different opinions on it, but it is a genuine attempt to create a balance between the different areas.

It is right that this House and Parliament give instructions to the boundary commissions to go away and do their jobs, and the new clause is about trying to make sure that those instructions are balanced. It was a helpful debate with positive contributions, for which I am grateful. In the light of that, it is not my intention or that of my hon. Friend the Member for Lancaster and Fleetwood to press the new clause to a vote, so I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 4

Definition of “electorate”

‘(1) The 1986 Act is amended as follows.

(2) In rule 9(2) of Schedule 2 to the 1986 Act, omit the words from “the version that is required” to the end and insert “the electoral register as on the date of the last General Election before the review date.”’—(Cat Smith.)

For the purposes of future reviews, this new clause would define the electorate as being those on the electoral register at the last General Election prior to the review.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

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Brought up, and read the First time.

[David Linden]

I beg to move, That the clause be read a Second time.

I am acutely aware of the time and the willingness on the part of all hon. Members to try to get through the remainder of the new clauses in this sitting, so I will not seek to detain the Committee. I appreciate that some Committee members, including me, do not represent a constituency that totals 12,000 sq km, but my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) does.

New clause 5 seeks to initiate some thought in Government about the size of some of the proposed constituencies. In drafting the new clause, I was thinking specifically about the Highland North constituency in the last set of proposals by the Boundary Commission for Scotland. As Mr Martin of the Scottish National party set out during our evidence session, there is provision within the rules for a constituency up to that kind of size, but put simply, such constituencies are increasingly unmanageable. The clause, which is very much a probing amendment, seeks to spark a debate about the size of constituencies we expect Members to serve while providing an efficient service to their constituents. I found myself chuckling in the last debate at the thought of people being outraged at the idea of having a constituency that was only 90 miles long.

As I mentioned earlier, the largest constituency set out by the Boundary Commission for Scotland proposals was Highland North at 12,985 sq km. That is 16.66% or a sixth of Scotland, 65% of the size of Wales, 92% of the size of Northern Ireland, about the size of Yorkshire, 8.25 times the size of Greater London, five times the size of Luxembourg and larger than Cyprus and Luxembourg put together. Indeed, the three largest proposed constituencies, Highland North, Argyll, Bute and Lochaber, and Inverness and Skye, would cover 33,282 sq km.

To put that in context, those three constituencies would cover 42.7% of the area of Scotland, which is an area larger than Belgium. The two constituencies of Highland North and Argyll, Bute and Lochaber would cover an area larger than Slovenia. Those large constituencies would also include several island areas, which makes MP travel across constituencies even harder. My hon. Friend the Member for Argyll and Bute (Brendan O’Hara) already has five airports in his constituency.

So I have outlined, to some extent, the challenges faced by colleagues in Scotland, which is the motivation for new clause 5.

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[David Linden]

I am grateful. This issue genuinely plays on the mind of quite a lot of Members in Scotland, so I am grateful for the opportunity to bring it to this Bill Committee so that people can consider it. At this stage, I will not press the new clause, but I will be giving further thought to it when we come to remaining stages on the Floor of the House. I am convinced that the matter is at least on the Minister’s radar. The very fact that she has stood up and shown a degree of understanding of the challenges faced by Members in Scotland is a source of at least some comfort—but perhaps I will bring something back in the remaining stages. On that basis, I will withdraw the new clause for now, but I suspect that we might see it at a later stage of the Bill. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 7

Constituency Groupings

“(1) Rule 7 of Schedule 2 to the 1986 Act (Northern Ireland) is amended as below.

(2) In the heading for ‘Northern Ireland’ substitute ‘Constituency Groupings’.

(3) In rule 7(1) for ‘Northern Ireland’ substitute ‘any grouping of five or more constituencies being considered by a Boundary Commission”.

(4) In rule 7(1)(a)(i) for ‘Northern Ireland’ substitute ‘the area being considered’.

(5) In rule 7(1)(a)(ii) and rule 7(2) for ‘in Northern Ireland (determined by rule 8)’ substitute ‘being considered for the area’.

(6) In rule 7(1)(b) for ‘Boundary Commission for Northern Ireland’ substitute ‘relevant Boundary Commission’.

(7) In rule 7(2) for ‘the electorate of Northern Ireland’ substitute ‘the electorate of the area’.”—(David Linden.)

The current Rule 7 is a special rule for Northern Ireland which recognises that with the small number of constituencies allocated, there may be difficulties in using the UK Electoral Quota, which may vary considerably from the “Northern Ireland Quota”, calculated by dividing the Northern Ireland electorate by the number of constituencies allocated. This problem exists when drawing constituencies in any grouping involving a small number of seats. It is an arithmetical issue, not one connected with any special Northern Ireland considerations. This amendment therefore extends the potential application of the rule to any constituency grouping of five or more constituencies, with the same conditions as currently apply to the design of constituencies in Northern Ireland.

Brought up, and read the First time.

[David Linden]

I beg to move, That the clause be read a Second time.

I hope that Members’ heads have not been hurting too much in trying to understand this new clause, which gives a discretionary power in certain circumstances to all boundary commissions, when considering a grouping of constituencies, that currently applies only to the Boundary Commission for Northern Ireland when considering those constituencies as a whole.

Boundary commissions have always worked by grouping areas together and designing constituencies within those areas. For parliamentary reviews, areas will be formed by grouping local authorities. Sometimes the initial set of groupings does not work and other things are considered. The Boundary Commission for Scotland helpfully publishes all its minutes at the start of the initial consultation period and, indeed, makes available maps of its rejected proposals as well, so that people can see exactly how it has come to its conclusions.

Let us say that we are designing 10 constituencies in an area with an electorate roughly equal to the UK electoral quota multiplied by 10. We would be able to use the plus or minus 5% variation to its full throughout the area to design our 10 constituencies. A problem arises when the electorate of the 10 constituencies combined represents somewhere between 95% and 105% of the UK electoral quota multiplied by 10, because the scope for variation then becomes very limited, meaning that, to retain the grouping, constituencies will have to be designed with very little scope for numerical variation. That can often lead to what looks like logical groupings being abandoned unnecessarily.

The problem was recognised in Northern Ireland, which was allocated 16 and then 17 seats in the two reviews under the current legislation. Current rule 7 allows the use of a Northern Ireland quota in defined circumstances. The Northern Ireland quota is simply the number of electors in Northern Ireland divided by the number of constituencies allocated. Use of that quota means the full plus or minus 5% variation for constituencies is then effectively reinstated.

To pre-empt what the Minister might say, there was an obscure issue in Northern Ireland in the last review around the point at which the decision to apply the rule was made, which resulted in litigation. I stress that that was very much a procedural issue, which was not relevant to the essential utility of the rule. The problem in Northern Ireland was a numerical one. It is not one in special recognition of the politics there. The numerical problem applies throughout the United Kingdom when we group constituencies, as all boundary commissions do.

I therefore look forward to hearing the Minister’s position and her explanation of why what is good for Northern Ireland is not good for all the other boundary commissions when faced with the identical issue. On that basis, I will draw my remarks to a close and listen to what the Minister has to say on new clause 7.

[Chloe Smith]

Sir David, may I invite the hon. Gentleman to say what his amendment does?

[David Linden]

I am grateful to the Minister for that. Essentially, I am looking to give as much flexibility as possible to the boundary commissions. That is the idea behind looking at whether we can apply rule 7 to other parts of the United Kingdom. I hope that that gives the Minister a bit of a steer about what I am looking to do with new clause 7.

[Chloe Smith]

I will do my best. What is puzzling me is why it might be a grouping of five, but if the hon. Gentleman will allow me to speak generally, I can, or perhaps he would like to articulate why it is five.

[David Linden]

I am happy to allow the Minister to deliberate more generally and look into the numbering. This is a probing amendment.

[Chloe Smith]

Okay. I will give it my best shot. My understanding is that the hon. Gentleman is trying to extend the rule that works in Northern Ireland and to apply it to the whole of the UK by saying that we could take a grouping of five or more constituencies, whose combined electorate meets a certain mathematical criterion.

I have said it before and I will say it again: the Government are committed to delivering equal and updated constituencies for the UK. We can do that only if the rules set for the boundary commissions allow them to propose constituencies that are equal or as equal as possible. That loops back to many of the nuances and balances that we have spoken about throughout the Committee. I fear the new clause goes in the opposite direction and, in doing so, raises a couple of problems, which I will try to draw out.

Let me start with what rule 7 is for. It exists because of a specific issue arising in Northern Ireland. Of the four nations, it has the smallest discrete group of constituencies. At the beginning of a boundary review, as I referred to earlier, numbers of constituencies are allocated to each nation using the Sainte-Laguë method. As each nation must have a whole number of constituencies, there is inevitably either a rounding up or a rounding down at the moment. For Northern Ireland, that has been likely to mean—and will still be likely to mean—either a rounding up to 18 or a rounding down to 17. The effects of that can be quite significant when you have only a double-digit number like that.

Rule 7 first applies a mathematical formula to assess the significance of the rounding effects. If, as a result of the rounding down, the overall electorate in Northern Ireland is significantly more than might be expected, by taking the UK electoral quota and multiplying by 17—the number of Northern Ireland seats—then rule 7 may come into play if the Boundary Commission for Northern Ireland judges that is necessary in order for it to adequately perform a boundary review. In those circumstances, rule 7 then allows the Boundary Commission for Northern Ireland to apply a more generous electoral quota variance range, that range being ascertained through a second mathematical formula. I apologise for the level of detail, but I wanted to set out what rule 7 does before going any further.

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I thank hon. Gentleman for tabling the new clause, which has elicited an interesting exchange, and I hope that my response has done it justice, but I urge him to withdraw it, and the rest of the Committee may feel the same way.

[David Linden]

While I am tempted to try to give everyone on the Committee a migraine, I probably will not press the new clause to a vote, but I am glad for the opportunity to have this debate and to explore some of the issues.

I have heard Committee members talk often about equal votes and equal constituencies but, as I said in response to an hon. Member whose name and constituency escape me, we are perhaps having that debate in a silo, because we are having it without cognisance of the unfairness of the first-past-the-post system. The Minister just mentioned equal votes and equal constituencies, but look at the constituency of the right hon. Member for Knowsley (Sir George Howarth). He has the largest majority in the House. He took 80.8% of the vote and has a majority of 39,924. That is great for him. I suspect he goes to his count and watches his votes being weighed. It makes the point that if we are going to have a conversation about equal votes and equal constituencies, I do not know if we are starting at the wrong end.

Coming back to my new clause 7, it was an opportunity to try and kick a bit of debate about, but it is probably best not to do that at about ten to five in the evening, when we have already done five or six hours in Committee. I am glad we had that opportunity but I will not put the new clause to a vote. I will consider whether I want to go down that slippery slope when we come to the next stage of our proceedings, although I suspect the appetite for that will be fairly small.

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 8

Boundary Re-alignment

“(1) Where—

(a) existing parliamentary boundaries when originally recommended by the relevant Boundary Commission contained an element of alignment with a local authority area boundary; but

(b) as a consequence of a local authority area boundary review these boundaries have ceased to be aligned; and

(c) the number of registered electors affected by the local authority area boundary change was not more than 1,000;

the relevant Boundary Commission may submit a report recommending the re-alignment of the parliamentary constituencies affected to the new local authority area boundary.

(2) The procedure in Section 4 applies to orders following a recommendation under subsection (1), as it applies to orders following reports of the Boundary Commission under Section 3, with any necessary modifications.”—(David Linden.)

Local authority area reviews typically happen when a new housing development is built on an existing local authority boundary. The review might mean that a whole development is moved in to one authority, or other aligning changes. Without a parliamentary boundary change, this can mean a small number of electors from one local authority being in a constituency otherwise wholly within another local authority. This amendment gives a power to re-align parliamentary boundaries with the new local authority boundary where no more than 1,000 electors are affected. If there are more than 1,000 electors, then the boundary would be for consideration at the next periodical review. As the local area boundary would itself have been subject to local consultation, a further statutory public consultation in relation to the parliamentary boundary is not proposed. The relevant Boundary Commission could carry out such informal consultation as it considered necessary.

Brought up, and read the First time.

[David Linden]

I beg to move, That the clause be read a Second time.

This new clause is slightly easier to understand. It seeks to deal with a specific situation that arises when local authority areas are redrawn and relates not to wards but to other electoral divisions within those local authority areas. Members will see that I have listed a registered interest as the Member for Glasgow East, and I will explain why as I develop my speech.

Unlike wards, local authority areas are not periodically reviewed. The justification for a local authority area review is usually when new houses have been built over a local authority boundary, although there can be other triggers. For example, the construction of the Edinburgh bypass resulted in one farm moving from Edinburgh into West Lothian.

Sometimes areas are redrawn without any voters being affected. I understand that principal area boundary reviews elsewhere are similarly unusual and not conducted on a periodic basis. The local government boundary commission for Scotland has only carried out 10 local authority area reviews since we moved to unitary authorities in 1995. As luck would have it, two of those reviews, conducted in 2010 and 2019, affected my own constituency, and it is for that reason that I registered a specific interest in relation to this new clause.

Constituencies where there are a small number of electors in one local authority area present additional difficulties for returning officers in co-ordinating elections. They also cause issues in relation to representation. If a constituency is equally divided between two local authorities, the MP will be able to maintain a good working relationship between both sets of local authority officials and, importantly, so will their staff. If only a very small number of constituents are from one local authority, those relationships will not be established in the same way. I reflect on that particularly as someone who represents both Glasgow and North Lanarkshire.

The Parliamentary Voting System and Constituencies Act 2011, combined with the Fixed-term Parliaments Act 2011, anticipated a world where we would have elections every five years and boundaries reviewed before each election. I think some us probably wonder what on earth happened to that. With a model of the five-year elections and reviews every election in mind, the Parliamentary Voting System and Constituencies Act abolished the idea of interim reviews. In the past, interim reviews of UK parliamentary constituencies were a check on whether more minor changes should be made to constituencies between the major periodical reviews. With constituencies being reviewed before each election, that process essentially became unnecessary.

The Bill looks to having reviews every two Parliaments or so. We never know when the next general election will happen—with this Government, that is fairly clear as they are looking to repeal the Fixed-term Parliaments Act 2011. Therefore, that brings back on the agenda the need to be able to set out the consequences of local authority area reviews.

My Scottish Parliament colleagues will have their constituency boundaries revised in time for the elections next year because Boundaries Scotland, as it is being renamed, retains an ability to conduct interim reviews. The 300 electors affected by the last local government area review in my constituency will move into a different Scottish Parliament constituency in May ’21. The electors affected by the earlier review were already in their correct constituency. The new clause does not attempt to bring back interim reviews, but to ensure that in those rare instances where there has been a local authority boundary change that can be reflected in the UK Parliament constituency, as it can be in the Scottish Parliament constituency as a result of the powers exercised by Boundaries Scotland.

The new clause contains a tightly drawn power that can only be used where a limited number of electors are affected by an area review. I would be happy to discuss further with the Minister the appropriate number, but in practice most area reviews involve considerably fewer electors. I hope the Minister therefore appreciates that the new clause is confined to very specific circumstances and is not an attempt to reintroduce interim reviews, and that on that basis the Government will support it.

[Chloe Smith]

I appreciate the way that the hon. Member for Glasgow East has framed the new clause—that it is not quite the same as the old policy of interim reviews but is a new policy for our times. I appreciate the way he put that. I understand the arguments he makes, but I argue that the new clause is not needed, and I will begin by looking back at what the old policy of interim reviews actually did, just to give us that context.

As I understand it, the new clause would give a boundary commission discretion to submit a report in between boundary reviews that recommends the realignment of existing parliamentary constituencies with a local authority area boundary that has ceased to be aligned with those constituencies owing to a local authority boundary change. The hon. Gentleman has been careful to try to temper that discretion by saying that it should only apply to 1,000 electors and, in effect, try to tackle the problem of orphaned electors who perhaps find themselves in a neighbouring constituency to the one they had expected to belong to. I think that the effect of this change would remain quite close to that of interim reviews and, for comparison, I will set out what those used to do.

Before the Parliamentary Voting System and Constituencies Act 2011, the boundary commissions had discretion to carry out interim reviews of particular constituency boundaries. They could, for example, take into account intervening changes to local authority boundaries or to a number of registered electors that affecting the boundaries of existing parliamentary constituencies in a particular area. Provision for this was removed under the 2011 Act. It was thought unnecessary because, as the hon. Gentleman outlined, general reviews would then be held every five years.

Under the Bill, reviews will be held every eight years, so I argue—as the Committee accepts—that boundaries will be reviewed and updated regularly. That is sufficiently regular to make interim reviews not needed, so we have no need to return to that old policy. I have concerns about both the policy of interim reviews and the proposed policy which, even though the hon. Gentleman has tried to minimise disruption, would still be fundamentally disruptive, hitting local communities and their relationship with their representation in this place.

We should also accept the fundamental truth that the different governmental boundaries that criss-cross our country will never be fully aligned; it will inherently be a moving picture, and it will never be possible to align all of them at any one time. It is hard to put in place a policy that tries to align a small bit of that while acknowledging that the rest keeps evolving. Boundaries change all the time, owing to population shifts and the growth of new housing settlements. The point of a boundary review is to try to control for that by taking a snapshot in time, once every eight years, and saying that that is the point at which there will be changes—there will not be ongoing, perpetual change, but change at a key point in time.

I also do not think it cost-effective to keep going for that perpetual change. I appreciate the arguments that have been made, including the minimisation argument inherent in what the hon. Gentleman has tabled. However, there is a practical argument against asking the boundary commissions to effectively chase their tail and go after something that could move perpetually between those eight years or something that does not always come to fruition. The point has occasionally been made in the Committee about how to treat housing developments. That certainly ought to be accommodated in boundary reviews—that is the point of regular enough ones to do that—but it is also the case that sometimes housing developments do not come to fruition. Had that policy wrongly predicted a settlement, ultimately public money would have been wasted in getting the boundary commission to look at it.

--- Later in debate ---

I hope that is a helpful reflection on the new clause of the hon. Member for Glasgow East. I have taken it seriously enough to try to distinguish it from the previous policy of interim review, and to take it on its merits. I wonder whether I might be able to persuade the hon. Gentleman to withdraw the last new clause of the day.

[David Linden]

I have never felt so powerful as I do right now. I am grateful for the Minister’s response. This was a probing new clause. The issue has dominated my email inbox since I was elected in 2017—there is a lovely little area in my constituency called Stepps, by Cardowan, where the good people vote highly for the SNP actually, but that is by the bye. I was keen to spark some thought in Government, but when drafting the new clause, I feared that putting the number at 1,000 electors would frighten the Government off a little. I will reflect on what the Minister has said.

At one minute past 5 o’clock, I will allow the opportunity for the hard-working Clerks and Hansard staff to get some respite. As this is the last opportunity I will have to say anything in Committee, I also thank you, Sir David, and Mr Paisley for your forbearance in what have been long-drawn-out proceedings. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 10

Protected constituencies

‘(1) Schedule 2 to the Parliamentary Constituencies Act 1986 is amended as follows.

(2) In rule 6(2), after paragraph (b) insert “;

(c) a constituency named Ynys Môn, comprising the area of the Isle of Anglesey County Council”.

(3) In rule 8(5)—

(a) in paragraph (b), for “6(2)” substitute “6(2)(a) and (b)”, and

(b) after paragraph (b) insert “;

“(c) the electorate of Wales shall be treated for the purposes of this rule as reduced by the electorate of the constituency mentioned in rule (6)(2)(c)”.

(4) In rule 9(7)—

(a) after “6” insert “(2)(a) or (b)”, and

(b) after “2011” insert “, and the reference in rule 6(2)(c) to the area of the Isle of Anglesey County Council is to the area as it existed on the coming into force of the Schedule to the Parliamentary Constituencies Act 2020”.’—(Mrs Miller.)

This new clause adds the parliamentary constituency of Ynys Môn to the list of protected constituencies in the Parliamentary Constituencies Act 1986 and makes other consequential changes to that Act.

Brought up, read the First and Second time, and added to the Bill.

Question proposed, That the Chair do report the Bill, as amended, to the House.

[Chloe Smith]

I thank you, Sir David, and Mr Paisley for all of your work in chairing this Committee. We have all appreciated your clear chairmanship and good humour. I also thank the Clerks and all House staff who have made it possible to do a Bill Committee in these new circumstances. They have been most diligent. Also, many thanks to the witnesses who joined us and gave helpful evidence on our journey in Committee.

Finally, I thank all our colleagues in this room. I will pick on my two silent Friends who do not normally get a great deal to say in Committee, but I say it for them, so I thank my hon. Friends the Members for Walsall North and for Loughborough for their contributions. I thank all the parties represented here for the excellent quality of their debate and for the probing discussions we have had—in the witness sessions, as well, when we heard from other parties.

We have covered all the issues in the Bill comprehensively, with ample time to do so. I am pleased that we found common ground on the need to provide equal and updated boundaries for the representation of all the communities in our land.