Parliamentary Constituencies Bill

Debate between Jacob Rees-Mogg and Alec Shelbrooke

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 10th November 2020 Commons Chamber

[Mr Rees-Mogg]

The Government’s commitment to ensure that the House has updated and equal parliamentary constituencies has been reflected in the tenacity of my hon. Friend the Minister for the Constitution and Devolution. I apologise to the House that I am a mere stand-in for her today, because her efforts to legislate to that effect have been unstinting throughout this Parliament.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

Does my right hon. Friend think it appropriate just to take this moment to send our best wishes to the Minister, our hon. Friend the Member for Norwich North (Chloe Smith), who is suffering very bad ill health at this moment?

[Mr Rees-Mogg]

Yes; my hon. Friend has momentarily pre-empted me, because that is exactly what I was about to do. The whole House has noted our hon. Friend’s positive approach to the challenge that prevents her from being here today. She is a wonderfully popular and singularly effective Minister, and I know that Members across the House wish her the speediest of recoveries. None the less, she is continuing to work very hard, and I have therefore had the opportunity to discuss the Bill with her. I am pleased to report to the House that she is delighted, as am I, that the principle of updated and equal constituencies is shared by both Houses and across parties. That is in no small part down to the efforts of my noble Friends Lord True and Baroness Scott of Bybrook, and I extend our thanks for their sterling efforts in taking the Bill through the other place.

It is of course right that this short but important Bill has enjoyed extensive debate and scrutiny in both Houses, and we will always welcome the thoughts of their lordships, but it is important to remember that this is a Commons Bill about the composition of the House of Commons based on the mandate of the elected Government. This is an area in which I have taken a great interest during my years as a Member of Parliament, so it is with a spirit of gusto that I now roll up my sleeves and prepare to delve into the detail of their lordships’ amendments. I will speak to each amendment in turn.

Lords amendments 1 and 2 provide that a boundary review would be carried out every 10 years. This is a significant change from the current legal requirement for a review every five years. The Government’s approach, as in the Bill before it was amended, is to mandate a boundary review every eight years. The Government’s aim, as set out in our manifesto, is to ensure that parliamentary constituencies are updated regularly, but without the disruption to local communities and their representatives that might occur with the current five-year reviews.

While developing this Bill, my hon. Friend the Minister for the Constitution and Devolution discussed the Government’s proposal for an eight-year cycle with parliamentary parties and electoral administrators and shared with them our broad plans for the Bill. Concerns were expressed about the importance of up-to-date data—particularly local government boundary data, hence clause 8—but the Labour, Liberal Democrat, Plaid Cymru and Scottish National party representatives from the parliamentary parties panel were among those content with our approach.

If reviews were to happen only every 10 years, as these amendments propose, the data used in boundary reviews would be older and less reflective of current local government boundaries and demographic change. That would also create an unfair situation for electors, because where boundaries were not regularly updated to ensure that they more accurately represented changing demographics, there is a risk that some would feel that their vote was not of equal value to the votes cast in a neighbouring constituency. We believe that the middle ground of eight-year cycles, as proposed in the unamended Bill, is the right way forward. It removes the disruption of a review happening roughly each time an election occurs, but as not too much time will pass between reviews, it also delivers boundaries that are up to date and fair. I therefore trust that the House will disagree with these Lords amendments.

Under Lords amendment 6, members of the Boundary Commission would be chosen using a bespoke appointments procedure that would sit entirely outside the existing public appointments process. The Bill as originally drafted did not make changes to the current processes, and there has been no dispute or controversy to date with the manner in which the commissioners have been appointed. The automatic implementation of the boundary commissioners’ final recommendations is crucial to achieving regular and effective boundary reviews.

Automatic implementation also shines a light on the boundary commissioners themselves. As parliamentary scrutiny is not involved in the process, we must be able to trust that the commissions are effective and independent. We need to be able to satisfy ourselves that the process of appointing all Boundary Commission members is thorough, independent and fair and that there is no room for any undue influence of any kind. I can reassure the House that our current processes fulfil all those criteria. Let me first outline how the deputy chairman and the ordinary members of the commission are appointed at present and then look at how the amendment would change the status quo.

The deputy chairman position in each Boundary Commission must be filled by a High Court judge. The amendment is unnecessary for two reasons. First, the judges appointed to the Boundary Commission have already undergone a rigorous recruitment procedure that gives reassurance that they are able to act independently and impartially. Secondly, the Lord Chancellor consults the Lord Chief Justice over these appointments in any case. This provides the views of the head of the English and Welsh judiciary. The appointment of ordinary members of the Boundary Commissions are public appointments. The four commissions are listed alongside many other public bodies and independent offices in the Public Appointments Order in Council 2019. The order is the legal basis for the governance code on public appointments and the independent Commissioner for Public Appointments, who regulates appointments processes.

The governance code and oversight of the commissioner ensure that appointments are made openly, fairly and on merit to the Boundary Commission and many hundreds of other public bodies. The governance code includes robust safeguards to ensure the political impartiality of the two ordinary members of the Boundary Commissions. These members are appointed by Ministers, having been assessed by an advisory assessment panel that includes a representative of the organisation in question. For Boundary Commissions, the representative is the deputy chairman or an ordinary member if the deputy chairman cannot attend. It is the job of the panel to assess which candidates are appointable, so that Ministers may make an informed and appropriate decision. At the application stage, all candidates are asked to declare political activity over the previous five years. Future advisory assessment panel decisions should not be prejudged, but it would seem likely that recent significant political activity would present a degree of conflict that would be incompatible with the panel finding a candidate appointable as a boundary commissioner.

The Bill, as amended, creates a bespoke system for Boundary Commission appointments in primary legislation. There are three main reasons to oppose that amendment. First, the existing public appointments system has secured dedicated and expert members for the Boundary Commission for decades; in simple terms, “If it ain’t broke, don’t fix it.” Secondly, a separate appointments regime could cast doubt on those appointed to public office under the current system. That doubt would be unjustified, as the current system is independently regulated and ensures that talented individuals with the right skills and experience are appointed to many hundreds of bodies across government to carry out vital public work. We should use it wherever possible and resist the urge to create new, niche systems.

Thirdly, I have already mentioned that the deputy chairman’s previous appointment as a High Court judge will have been sufficiently robust to ensure their ability to act impartially. The Government are also unconvinced by the argument that the Lord Chancellor cannot be trusted to act impartially when making such appointments. The role of the Lord Chancellor—the Lord High Chancellor—occupies a unique and significant position in our constitutional firmament, defending the judiciary and its independence through a duty to rise above party politics where required.

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[Alec Shelbrooke]

Does my right hon. Friend agree that it should be the aim of the boundary commissions to try to hit the electoral quota number as closely as they can and that the tolerance is, as he outlined, merely for circumstances that may be out of their control? The message from the House to the boundary commissions should be true equality and please try to hit the number as well as they can.

[Mr Rees-Mogg]

My right hon. Friend makes a fair point. We all recognise that the numbers will diverge from the moment the commission finishes its work as people move around the country. Therefore, the tolerance of 5% either way—10% in total—gets the balance about right in the knowledge that, by the time of an election, it will inevitably have changed regardless A 15% tolerance range has been thoroughly debated in both Houses and twice rejected by this one—in Committee and on Report—so the settled view of the elected Chamber, to which, after all, the Bill relates most directly, should prevail. I therefore urge the House to disagree with the amendment.

As I turn to amendment 8, I will first pay tribute to Lord Shutt of Greetland, who tabled the amendment in the other place and sadly died recently. Lord Shutt was a stalwart campaigner and advocate on electoral issues, as reflected in his recent excellent chairmanship of the Electoral Registration and Administration Act 2013 Committee. I am sure I speak for the whole House when I say he will be much missed and offer my condolences to his family on behalf of the House. The amendment would require the Government to make proposals for improving the completeness of electoral registers for the purposes of boundary reviews. It suggests two possible ways in which the issuing of national insurance numbers could trigger 16 and 17-year-olds being included on the registers. I will look first at the completeness of the registers and then discuss how the amendment proposes to register 16 and 17-year-olds. It is important to note that recent elections have been run on the largest ever electoral registers, despite the removal of 1 million ghost entries from the register when the transition from household registration to individual registration was completed in December 2015. People who want and are eligible to register to vote find it easy to do so.

The Government believe that every eligible elector who wants to be included should be on the electoral register, but that it should be up to each individual to decide whether to engage with the democratic process. The Government seek to make registration as easy as possible and to work with many others to reduce any barriers to registration. For example, we introduced online registration. As a result, it became simpler and faster to register to vote; it now takes as little as five minutes to register. Similarly, we are focused on ensuring that electoral registration officers—with whom the statutory responsibility for maintaining complete and accurate registers lies—have the tools they need to do their jobs efficiently and effectively. For example, the Government have made many resources to promote democratic engagement and voter registration freely available on gov.uk. Furthermore, our changes to the annual canvass of all residential properties in Great Britain will improve its overall efficiency considerably. The data-matching element of the initiative allows electoral registration officers to focus their efforts on hard-to-reach groups. This is the first year of the reformed canvass, and anecdotal reports so far suggest that administrators have found the new processes much less bureaucratic.

The amendment makes two suggestions on what the Government may include in the proposals they would be required to lay before Parliament to improve the completeness of the registers. The first would see a form of automatic registration introduced for attainers—16 and 17-year-olds who can register to vote in preparation for attaining voting age—and their inclusion in the electorate data used in boundary reviews. We are opposed to automatic registration for attainers or any other group, in both principle and practice, as we believe that registering to vote and voting are civic duties. People should not have these duties done for them or be compelled to do them. That was one reason why we introduced individual electoral registration in 2014. The evidence shows that an individual system drives up registration figures. After individual registration was launched, the registers for the 2017 and 2019 general elections were the largest ever. Electoral registration has worked.

There are a number of practical concerns about automatic registration. Among others, it is almost certain that an automatic registration system would lead to a single, centralised database of electors. We are opposed to this on the grounds of the significant security and privacy implications of holding that much personal data in one place, as well as the significant cost that such a system would impose.