Parliamentary Voting System and Constituencies Bill Debate
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Baroness Laing of Elderslie
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Parliamentary Voting System and Constituencies Bill
Baroness Laing of Elderslie Excerpts(14 years, 2 months ago)
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Mrs Eleanor Laing (Epping Forest) (Con)
I beg to move amendment 234, page 7, line 17, at end insert—
‘(5AA) The draft of an Order in Council laid under subsection (5A) above may only give effect to the recommendations contained in all four reports under subsection (1) above with modifications, where those modifications have been made with the agreement of the Boundary Commissions.’.
This amendment has been tabled in the names of members of the Select Committee on Political and Constitutional Reform. The Chairman of the Select Committee, the hon. Member for Nottingham North (Mr Allen), is sadly unable to be in here this afternoon and so I have undertaken to move the amendment on behalf of his Committee.
The Select Committee, as the Committee well knows, carried out a necessarily brief and swift but in-depth consideration of the Bill. In order to try to be helpful to the House and the Minister, we tabled several amendments that we believed ought to be considered and that we hope will improve the Bill. The purpose of amendment 234 is to reflect paragraph 139 of the Select Committee’s recently published report, which states that
“the power of the Executive to depart from the recommendations of an independent statutory body should have clear statutory limits to prevent abuse for partisan advantage.”
I am sure the Committee will agree that that is a matter that ought to be drawn to the attention of the Minister and of hon. Members.
I ask the Minister where the justification lies for the Government’s retaining such a wide-ranging power to depart from the Boundary Commissions’ recommendations. Although I would assert that I have every confidence—as does the Select Committee—that the current Government would always act in this matter in an honourable, straightforward and democratic way, may I nevertheless ask the Minister on behalf of the Select Committee what safeguards exist against any future Government’s misusing such a power to their partisan advantage. It would be helpful if the Minister would consider those questions, and I am sure that the Committee will be eager to know the answers.
Chris Bryant
First, let me briefly comment on the fact that before you took the Chair, Mr Hoyle, we had a former miner in the Chair and two Tellers who were also former miners, so, as the MP for the Rhondda I felt quite at home. But that has absolutely nothing to do with the amendment, I am afraid.
The amendment has been charmingly moved by the hon. Member for Epping Forest (Mrs Laing), who is absolutely right. This is an issue that I have tried to raise on several occasions—
Mr Heath
The hon. Lady has been in government so she knows the constraints within which we work.
I am very sympathetic to the views expressed in the amendment, and we will have to look at it further. That is not an attempt to fob off the hon. Member for Epping Forest or the Select Committee. It raises an important issue. I do not want there to be any circumstances in which a Government can apply a partisan consideration to a modification for a boundary commission response. I give a clear undertaking that the Government will consider the matter in detail and come back with a response in due course. I ask the hon. Lady to withdraw the amendment on the basis that we will look at the matter further and that we are grateful to the Committee for having brought it to our attention.
Mrs Laing
I thank the Minister for the serious way in which he has considered the amendment.
I appreciate the position taken by the hon. Member for Edinburgh East (Sheila Gilmore), but the Select Committee has not suggested that the proposals in the Bill avoid due process. I would argue personally, not necessarily on behalf of the Committee, that the proposals in the Bill do involve due process, but that that is not a matter which hon. Members should worry about. That is not the problem before us right now—the problem is simply whether the Government could, at some point in the future, take action without the agreement of the boundary commissions. I am pleased that the Minister has accepted that that is an issue. Every member of the Select Committee will be very pleased that its work has, at least in this respect, been seen to be worth while and contributing to improving the Bill, which was our purpose in submitting the amendment. Having heard the general arguments put this afternoon, including by the shadow Minister, I believe that it may have to be tightened up somewhat in its wording and technicalities.
I am delighted that the Minister has indicated that the Government will look in more detail at the matter and undertaken to come back to the House with it. Given that assurance, I beg to ask leave to withdraw the amendment.
Chris Bryant
Just one moment.
I know that the constituency of the hon. Member for Corby (Ms Bagshawe) contains many people with Scottish ancestry, but I do not think that she is entirely versed in the dangers of nationalism that exist in Scotland and Wales. I merely say to her, in a gentle way, that if she really wants to maintain the strength of the Union, we ought to proceed differently.
Chris Bryant
This is what I meant by the double- whammy element. Wales is caught both by the equalisation of the number of seats—we are not debating that now, but we will when we deal with the next set of amendments—and by the reduction in the number of seats. The net effect for Wales is that the number of seats will be cut by a quarter.
That presents some specific problems for Wales. It has already proved impossible for the present Government to ensure that the Secretary of State for Wales represents a Welsh seat—although I admit that she is Welsh—and it will become increasingly difficult to do so in the future. Because Wales, unlike Scotland, has never had a separate legal system, the Welsh Affairs Committee has to do a large amount of work, and that will continue. I think that it will be difficult to meet those needs with only 30 seats.
I am not arguing for the status quo in the number of Welsh seats. I am merely trying to present an argument, and I am sorry that it does not appeal to the hon. Gentleman. I hope that further elements of my speech will appeal to him more.
Mrs Laing
No one is a more ardent Unionist than I am, and I fully understand what the hon. Gentleman is saying about Wales, but he must look at the arithmetic, which is inescapable. There will be a larger reduction in the number of seats in Wales than, proportionately, in the rest of the United Kingdom because, at present, the people of Wales are over-represented in the House, as well as having a devolved Assembly, or Parliament, of their own. The hon. Gentleman cannot argue that it is right for the people of Wales to have smaller constituencies and more Members of Parliament in the House of Commons than the people of most of England and Scotland. That simply does not make sense.
Chris Bryant
As the hon. Lady knows, there are differences between Wales and Scotland: Scotland has a Parliament which also has powers over crime and justice, which Wales does not have; Scotland has a completely different legal system, which Wales does not have; and it raises taxes, which Wales cannot do. It is a very different system, therefore.
Let me reiterate yet again that I am not saying that we want to hold to the status quo, but I think there will be a danger for the Unionist argument in Wales if we move forward in one fell swoop from having 40 seats to there being only 29 or 30. That would create problems for the future. Let me also say that I hope that Welsh Members work sufficiently hard that they provide value for the House, even though the hon. Lady thinks there are too many of us.
Austin Mitchell
The bigger the size of the constituency and the electorate, the harder it is to represent them adequately. It may be that evening up constituencies leads to areas being more adequately represented, because those areas will have smaller constituencies, but in my case it will mean a bigger constituency, and many of us are struggling to do the job now.
For example, the amount of mail is increasing all the time. Not so long ago, I read the biography of Hugh Gaitskell by Philip Williams, which was about Gaitskell in the 1950s. It said that Gaitskell’s papers showed that in 1958, when he was the MP for Leeds South East, he got 50 letters a month from his constituents. I get 50 letters every couple of days, and that is in addition to all the e-mails, surgery visits and stoppings in the street in Grimsby, with people asking whether I will ask this or do that, and so on, all of which I have to scribble down. That must mean that in a larger constituency it is more difficult to serve everyone in it. That is an obvious fact. Indeed, it is getting difficult to do the job adequately with 650 Members. We need more and more staff. Fortunately, we have been given more staff, but it is not enough, although it depends on the seriousness with which one does the job.
Mrs Laing
I thank the hon. Gentleman for giving way. Nobody could do the job more seriously than he, but right at this moment he is representing his constituents in that other way. He is once again confusing his job—the job of us all—as a social worker, providing pastoral care and advice, with the job of representing our constituents as part of the democratic process. He cannot possibly argue that a man of his calibre, or the calibre of anyone sitting in the Chamber right now, cannot cope with a few thousand more constituents to represent.
Austin Mitchell
I have to say that I cannot. If the work is done properly and the job is properly tackled, it is difficult. Indeed, I cannot see how people can have outside jobs and be here.
John Mann
The hon. Lady asks an excellent question and I shall give her a precise answer: Parliament should do so on the same basis on which it has been done before. The principle previously and now, unless this rotten Bill, particularly this part of it, is made into law, is that the House sets an ideal target, but that the Boundary Commission independently determines the boundaries within which each Member will sit using a set of criteria that relate to the history of the country, the four nations, the history of England, locality and the nature of our democracy. But that principle will be thrown out by the Bill. With the Great Reform Act, there were riots in Nottingham and years of deliberation before the Act was passed and changed the principle to one of participatory democracy and the wider franchise. Are we to break that principle after a couple of days of truncated debate in the House? Are we to have a principle, which could stand in perpetuity, of having a fixed number of MPs? The idea that we would do that is a disgrace to the House and to the traditions of our democracy.
This principle is important and the consequences are great, so let me illustrate them. I have none of the fears that the hon. Member for Christchurch (Mr Chope) discussed about the precise boundaries in my area. The boundaries were changed in the last election and my majority went up against all the predictions, so I have no fears about any such change or about who will come in and who will go out.
Of course, my constituents would strongly resist the notion that, having built a relationship with one Member of Parliament, good or bad, they should not have the opportunity to re-elect or dismiss that Member of Parliament. That principle is enshrined in our democracy, but it is endangered and partly thrown away by the arbitrary nature of setting a mathematical equation to determine the numbers. My constituency boundaries are a good example of how that would destroy the traditions of England and English democracy.
Ministers laugh at the fact that the county of Nottinghamshire, the seat of Bassetlaw and the electoral representation in Bassetlaw and Nottinghamshire have been set over the centuries, not in a few minutes or a few hours’ debate, but by the very nature and history of this country. Do hon. Members know why the seat of Bassetlaw was created? Because it was a road through the forest and a route through the country. That is why Robin Hood was robbing in such places. The history and geography of this country, going back hundreds and thousands of years, have produced the shire counties.
Should my constituency’s boundaries be changed arbitrarily? My situation is not unique, but it emphasises the nature of an arbitrary mathematical solution. My current boundaries and electorate are about the mean—it is not a small constituency—but a change to the south, which is precisely what has happened before, would be a change within Nottinghamshire. One bit goes in; one bit goes out. That is how the Boundary Commission has done its work over the decades. That is reasonable. It makes its decisions. I disagreed with the last one, but that is democracy: an independent body, not politicians, heard representations and made its decisions on the basis of trying to maximise equality between the seats in Nottinghamshire. That is why that change took place. Any change to the north would take us across a regional boundary—Ministers will not be bothered about regions—and a county boundary as well, into Yorkshire. I have nothing against the people of Yorkshire. That is where I come from. I am sure that I would be as popular there as I am in Nottinghamshire, so that is not the fear.
I deal with Nottinghamshire county council, Nottinghamshire police and Bassetlaw council in Nottinghamshire. The fear of the elected Member is that if we had to move over to an arbitrary base of different councils and authorities, however they are formulated by whichever Government are in power, we would be looking in different directions at once and the role of MPs in advocating for and representing their constituents would be significantly diminished.
It is not just the boundaries with Yorkshire that could be changed; there could be a change to the east, in which case we would go into Lincolnshire, perhaps into North Lincolnshire or West Lindsey council—again, entirely different local government, police and health set-ups. Of course, if the boundary was changed to the west, we would go into Derbyshire, yet another county and yet another set of police and fire authorities.
All that illustrates the point that if we do not attempt, in any system, to try to maintain as much as we can the integrity of the English counties and a direct relationship with local government, however it is structured, the role of the MP and the credibility of Parliament are diminished. That is the weakness in arbitrary mathematical equations, and it is why we all know that the Boundary Commission is in reality horrified by the notion that it would need to use some kind of mathematical equation, because the criteria that it has used over the decades have been proven. They are transparent and challengeable in the courts if anyone wants to challenge them—people have occasionally tried to do so. They are tested in the courts and they are good and rational. Each party might occasionally object to the conclusions and MPs might feel that we have been badly done by, given the nature of the change, but the process is democratic. That fundamental principle is being changed.
Tristram Hunt
I thank the hon. Gentleman for that point. It is extraordinary to have begun this process without thinking about the interrelationship between this place and the other place. One does not have to be a Newtonian to think that for every force there is an equal and opposite counter-force. [Interruption.] I am hearing more and more sedentary comments from the Deputy Leader of the House; I do not know if that is the usual form from him.
One would have thought that all these things would be pulled together in an overarching Bill that had some degree of intellectual credibility in terms of the British constitution and the role of this place and the other place. Instead, we have an arbitrary figure of 600, and meanwhile many more people are being placed in the House of Lords. The international comparisons steadily fall away when we think about the federal structure of many other European nations, local rates of representation in many other European nations, the interrelationship between the two parts of bicameral Parliaments, both nationally and internationally, and the role of Members of Parliament today in terms of the volume of work that they do.
The move from 650 to 600 will be an extraordinarily speedy process. I have had the great pleasure of sitting with some other Members present in the Chamber on the Political and Constitutional Reform Committee, and we have heard time and again from independent witnesses, scholars and constitutionalists that the speed of this process is unacceptable and will lead to mistakes. Lewis Baston, from Democratic Audit, said to the Welsh Affairs Committee:
“I am concerned about the speed with which this is being brought through. It seems to be an absolute priority to get the new boundaries in place for 2015, rather than to get them right and to consider some of the principles involved. I would much rather we did this properly.”
Many Members share that view.
Above all, the problem with the arbitrary collapse from 650 seats to 600, as my hon. Friend the Member for Bassetlaw (John Mann) so eloquently and brilliantly enunciated, is the total absence of sentiment or feel for the nature of either the United Kingdom or the British constitution. The UK is not something to be placed under a slide rule and arbitrarily cut up on the basis of a figure of 76,000. There are interrelationships of complex formations between Wales, Scotland, England, the Isle of Wight, the Isles of Scilly and the historic Duchy of Scotland—[Interruption.] Or Cornwall, even.
It surprises me all the more that the move from 650 to 600 is being driven by the Conservative party, which I had always thought was interested in tradition, identity, locality and community rather than in utilitarian butchery of the historic constitution of this country. We have been here before; one would have thought that the Conservative party might have learned the lessons of Edward Heath, but it seems to be intent on repeating them. The grotesque local authority rationalisations of the mid-1970s were done on exactly the same principle of utilitarian Benthamite thinking, with no feel for locality or historic identity. People did not like them and rebelled against them. The Bill has blown apart the “big society”, because there is no sense of locality, identity or tradition in it. Instead, it is rampant Cromwellian statism.
I believe that the reason for the arbitrary figure of 600 is simply that it is a big round number, and the Government thought it made sense. I suggest that this place deserves slightly more thought to be given to that matter. The arbitrary move to 600 was not in the manifesto of either of the governing parties, and it has no popular mandate. As a result, I am more and more convinced that the other place has no obligation to adhere to the Salisbury convention and pass the Bill. There is no popular mandate for the change, so we might lose temporarily in this House, but I hope the other place will help us win the war—even as the Government, shamefully and against the constitutional principles of this country, continue to pack it.
Mrs Laing
It is a great pleasure to follow the hon. Member for Stoke-on-Trent Central (Tristram Hunt), who is my colleague on the Political and Constitutional Reform Committee. I disagreed with almost everything he said, but he almost had me persuaded when he talked of Benthamites and Cromwellian statism. I am not a Benthamite, and I am not a statist, but—[Hon. Members: “Come over here!”] No, there is more coming. His argument was the most powerful and coherent that we have heard this evening. However, one point was missing, which was the integrity that equalising seat sizes and constituencies will give this place.
Only two issues really matter in relation to this group of amendments, although we have heard much special pleading, not from the hon. Gentleman but from other Members who are clearly concerned about their own constituencies and positions and how their political future might develop if these changes are made to the constitution. That is not what we should be discussing. We should be discussing principle, as the hon. Member for Stoke-on-Trent Central just did.
Mrs Laing
I cannot resist the hon. Gentleman’s sedentary comment. I believe that there is something about 666, though I am not an adherent to that principle either—for me, it goes with Benthamism. I am therefore glad that we are not discussing 666, but why not 600? It is a reasonable, round number. We have to choose a number for Members of Parliament. [Hon. Members: “No, we don’t.”] I am arguing that we have to choose a number; that it is correct for Parliament to do so. We have talked much about the Great Reform Act of 1832, but the subject of how many Members there should be has not been properly discussed for a long time.
Mr Andrew Love (Edmonton) (Lab/Co-op)
The hon. Lady speaks about principles. Should it not be a principle of the measure, since it proposes a change in our constitutional arrangements that is unprecedented in modern times, that at least some public consultation and cross-party discussions take place before anything comes before the House?
Mrs Laing
This is a cross-party discussion. We are all here in the Chamber having an open, cross-party discussion. There has not been very much time to consider the Bill, but there have been several months. The Select Committee on Political and Constitutional Reform has examined it, and we have all received e-mails, letters, papers and so on from people around the country who are concerned one way or the other. There has been consultation—that is why we are here. The debate that we are holding at this very moment is consultation. It is right that we have that discussion, and that the House makes a decision about numbers.
I put it to the Committee simply that 600 is a perfectly reasonable number. It is hard to argue against it unless one is doing special pleading on behalf of one’s constituency or county. The hon. Member for Stoke-on-Trent Central spoke eloquently about our country’s development, traditions and communities. Communities and traditions develop once boundaries are drawn. My constituency has a part in the north and a part in the south that have little in common with one another, although they are not far apart. However, they join together as a constituency and a district. If another part comes in or goes out, that becomes the community. Communities evolve, and nothing in the Bill will destroy the traditional counties of England.
Thomas Docherty
I thank the hon. Lady for being as gracious as ever in taking interventions. Obviously, she and her new-found Liberal Democrat friends are passionate believers in localism. How does not holding public inquiries and arbitrarily forming constituencies sit comfortably with her idea of localism?
Fiona Mactaggart
I share the hon. Lady’s concern about democracy. I am the only Labour Member of Parliament in Berkshire and I have substantially more constituents than any other Berkshire Member, so I cannot be accused of special pleading. However, if the ambition is to get equal-sized constituencies—I share the hon. Lady’s belief in that principle—would not it be better to do it in a way that respects local communities, and to do it slowly, over time, thereby producing the number? I suppose the Conservative party would normally describe that as “evolving.” Would not that be preferable to—to borrow a phrase from my hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt)—the Cromwellian hatchet that cutting 50 seats constitutes?
Mrs Laing
I agree in principle with everything the hon. Lady says, but I would argue that three years is quite sufficient time for the Boundary Commission to undertake the task before it. The decision on the principle of the work going ahead can be taken in the Chamber over these few weeks of discussions on the Bill, and three years is quite long enough for the commission to do its work. The hon. Lady agrees with me on the principle of equalisation. Once a principle is established, it ought to be put into practice as soon as possible. Three years is plenty of time.
Mark Durkan
The hon. Lady says that 600 is a reasonable figure in the same way that the Independent Parliamentary Standards Authority asserts that the figures it comes up with are reasonable. The problem is the rigid application of that reasonable figure, which will give rise to all sorts of problems and contradictions for which this House will be blamed.
Mrs Laing
I have been insulted many times in this Chamber, but I have never, ever been compared with IPSA before. I entirely disagree with the hon. Gentleman. There is proper consultation. Opposition Members speak as if the Boundary Commission is not involved in the process, but it is, and it has three years to do its job. It is perfectly capable of doing that job. The resources are in place and there is no problem.
Thomas Docherty
I am fascinated by the hon. Lady’s new-found passion for quangos, which is perhaps a good description of the Boundary Commission, because it is unelected. However, does she accept that crucially, the Government are removing the public inquiry and the right of local people to give their input when the Boundary Commission has produced a report? That is not liberal or democratic, and it is not in the finest traditions of the Conservative party.
Chris Bryant
In that case, will the hon. Lady explain why somebody might have said this at the Oxfordshire boundary inquiry in 2003:
“Somebody might take the view that…there are already too many Members of Parliament at Westminster. They may take the view, depending on what happens in the European constitution, that Westminster has less to do, with less MPs – I certainly hope that is not the case”?
That was the right hon. Member for Witney (Mr Cameron).
Mrs Laing
I am sure that my right hon. Friend meant what he said. I do not disagree with him—what he said is fine. The hon. Gentleman is forgetting that we are talking about an evolving political situation and an evolving world. As other hon. Members have said, the whole situation is evolving, which is why it is time for the House to look at itself, count its numbers and consider what is right.
The hon. Member for Great Grimsby (Austin Mitchell) and I had an exchange yesterday on alphabetical preferences on ballot papers, which is relevant to the proposal for 600 MPs. I am no longer concerned about alphabetical preferences. Since yesterday, when he said that he could call himself A1 Austin and I could call myself Mrs Aardvark, I am pleased to tell him that I have received, by e-mail, a proposal of marriage from a Mr Aaron Aardvark. I had to decline that kind proposal because I could not possibly involve the poor gentleman in the expense of marrying me in order to improve my electoral prospects. That would be gerrymandering and manipulation of the system beyond the call of duty. However, it was a helpful discussion.
The real principle before us this evening is one vote, one value. That is what democracy is all about. Every Member who is elected to this House should be elected by an equal number of voters, at least potentially—[Interruption.] Of course we have a tolerance level of 5%.
Phil Wilson
Nobody really disagrees with the point about equal-sized constituencies. What we are looking forward to hearing from the hon. Lady is an argument about why we need to reduce the number of seats from 650 to 600, other than that she likes the number 600. That is the only reason that she has given us. I like the number 650, and I will make an argument for why it should stay at that. I need an argument from the hon. Lady as to why it should be reduced to 600.
Mrs Laing
Why should it be 650? Why should it not be 700 or 542? Pick a number out of the hat, or do the lottery. Six hundred is a perfectly reasonable number and as good as any other number—[Interruption.] It is a workable number, and it is also reasonable to reduce the size of the House in the interest of a more efficient democracy.
Mr Andrew Turner
We have to be within a 95% to 105% range, and that may be reasonable, but some exceptions apply, including my constituency, the western isles and Orkney and Shetland. Can my hon. Friend explain what it is that makes the latter two right and mine wrong?
Mrs Laing
I am glad to say to my hon. Friend that it is not for me to answer that question, but I will give him my opinion, which counts as nothing more than that. We should achieve real equality and I do not think that we should have exceptions for Orkney and Shetland and the western isles. If we are having a simple arithmetical equality, we should stick to it.
Mrs Laing
No, I have spoken for long enough. It is important to stick to equality. Once that principle is accepted, it should be adhered to. Of course, we need to have a 5% tolerance for the sake of practicality and because the Boundary Commission must be able to apply the rules reasonably, but we should stick to equality. This House is about looking at the politics and the principle, not about special pleading for particular constituencies and particular Members and their convenience. I urge the Committee to accept that 600 is a perfectly reasonable number and that equalisation—one vote, one value—is the important democratic principle.
Mr Syms
Listening to this debate, one would think that something major and radical was happening to our parliamentary system. In fact, what is being proposed is an extremely modest change, which I welcome, because more radical change would be unwelcome to most Members of the House. We have heard a number of Members talk about boundary commissions and history, but the Boundary Commission is only a post-war invention. It is something that our country can be proud of, because it tries to draw boundaries in a neutral way, while taking into account local interest.