Parliamentary Constituencies Bill (Fifth sitting)

Lord Spellar Excerpts

Committee stage & Committee Debate: 5th sitting: House of Commons
Thursday 25th June 2020 Public Bill Committees

[The Chair]

You are all very welcome. Before we begin, a couple of preliminary notices: jackets can be removed, obviously, as it is incredibly hot. If I told you to keep them on and that it would make the Bill Committee go away quicker I would, but that would not be fair. We must respect social distancing rules at all times, and I will issue a quick reminder if anyone breaches them. More copies of Hansard are being brought up so that Members can check details of previous sittings. I remind Members that electronic devices should be set to silent. Plenty of warm water has been supplied, to make you wish that it was cold water. Given the intolerable heat in which we are working, if you want to bring in refreshments I am happy with that.

We now begin line-by-line consideration of the Bill. The selection list for today’s sitting is available in the room. I hope you are happy with how the selected amendments have been grouped for debate. Amendments grouped together are generally of a same or similar nature. Please note that decisions on amendments do not take place in the order in which the amendments are debated, but in the order in which they appear on the amendment paper. The selection list shows the order of debates. Decisions for each amendment are taken when we come to the clause that the amendment affects. I hope that is clear.

[John Spellar (Warley) (Lab)]

On a point of order, Mr Paisley. I seek your guidance before we start to move to details on the clauses. During one of the evidence sessions, we were given evidence on a matter that came up elsewhere. Mr Pratt quoted the Organisation for Security and Co-operation in Europe’s observation that

“in a majority voting system, the size of the electorate should not vary by more than approximately ten percent from constituency to constituency.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 36, Q64.]

The officials helpfully provided us with the documentation of the OSCE report and of the Venice commission on which that is based, and I thank them for that. The “Code of Good Practice in Electoral Matters” produced by the Council of Europe’s Venice commission states that the

“The maximum admissible departure from the distribution criterion…should seldom exceed 10%”.

I think we should ask the officials to seek a full definition of what the “distribution criterion” is. Is there is a fixed figure from which one can deviate either side by up to 10%, or must it lie in the middle of that 10%? It would be enormously helpful to get clarification on that.

[The Chair]

Thank you for making that point, Mr Spellar. Unfortunately, it is not a matter for the Chair, and I cannot give a ruling on it. However you have made the point and it will appear in Hansard. No doubt you will be able to receive some updated material from Mr Pratt if you contact him directly.

[John Spellar]

Further to that point of order, Mr Paisley. Could we ask the Clerks to seek clarification on that? It is a very important factor on which we might be making our determination.

[The Chair]

All I can say is that the point has been heard. You have it on the record, and that is the important thing for you at this point.

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[John Spellar]

I say this in no way disparagingly, but the hon. Gentleman, who represents a seat in Scotland, may not be aware of the enormous changes that have taken place in the electoral register in England. Contrary to the old situation—this shows that the right hon. Member for Elmet and Rothwell is living in the past a bit—more than half of the largest 10 or 20 seats are urban seats in conurbations. He gave a very dated view, but I am not surprised.

[David Linden]

I am grateful to right the hon. Gentleman for that intervention. I would miss these Bill Committees.

At the risk of going down a large rabbit hole, I will confine my remarks on this group to one other point relating to line 11 of clause 1 and evidence received from Professor Curtice. I refer the Committee to our evidence hearing on Tuesday, particularly question 181, which was asked by the hon. Member for City of Chester. I want to probe the Minister on this point. I know it came in the afternoon, when hon. Members were probably feeling a bit tiresome.

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[Alec Shelbrooke]

I said the size—the number.

[John Spellar]

Will the right hon. Gentleman take the opportunity to assure the Committee, and therefore put it on the record, that at no time in the future would he accept a place in the House of Lords?

[Alec Shelbrooke]

I can give the right hon. Gentleman the same assurance on that issue that all Labour leaders have given. [Laughter.]

[John Spellar]

So that’s a yes?

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[Alec Shelbrooke]

I am grateful to the hon. Gentleman. That moves us on to clauses and amendments later in the Bill that we will be able to debate further. My constituency is a county constituency. I am in the city of Leeds, but the other seven seats are borough constituencies, so it is not fair to compare me directly. There is some argument over how big Leeds Central is. It varies from 78,000 voters to 94,000 because it has such a transient population. However, the seat of Leeds East has only 66,000. I know that some Opposition Members might not particularly miss the seat of Leeds East today, but I will not ask them to comment on that. Those are the differences in just one city, among neighbouring seats. Leeds West, on the other side, is a different size to Leeds North East. Seats vary hugely within just one city by tens of thousands of votes, not necessarily just a few. However, I take on board the hon. Gentleman’s point.

I have two final points to make. The right hon. Member for Warley mentioned the OSCE report earlier in his point of order, and I picked up on it as well. The report says that

“making members of parliament (MPs) accountable to their electorate and creating a link between the MP and voters…is undermined when MPs know that they will acquire new voters with new constituencies before each election.”

I do not necessarily agree. I think that we are honourable enough to represent the people we represent right until the end. I am sure that everybody in this room, as soon as they are elected, pays no regard whatever to the voting intentions in areas of their constituency. I have worked every single area of my seat, which had a traditional mining area. The village of Allerton Bywater was a colliery. It was at the frontline of the miners’ strike. I stood in local government for it in 2002 and received 8% of the vote. In the last general election, I received 52% of the vote. It changes. We go in and work an area, and none of us takes any of our constituents for granted.

I therefore think that that is a slightly disingenuous comment, but it points to the fact that at some point things have to happen, and political events may happen towards the end of a Parliament. If we want just to delay the change and kick it forward, we are running into the fact that we could say, “Let’s have it come into effect straight after a general election, so that we all know what we’re doing next time and there’s time to adjust,” which plays into that argument. When is a good time to do it? From our point of view, I do not think that there is one. There is an automaticity point here.

I understand the amendment that Opposition Members have tabled; in fact, I think that the hon. Member for City of Chester made a very reasoned and well placed argument. My view, though, is that we have not removed Parliament’s ability to have its say in the process for two fundamental reasons. First, Parliament is having its say at the very beginning, in the criteria laid out. Secondly, there is still nothing really—we can argue about technicalities, but they have all been overcome in the past two or three years—preventing Parliament from stopping the change, if it wanted to, before it came into effect.

[John Spellar]

It is a pleasure to serve under your chairmanship, Mr Paisley. It has been a very instructive debate. It is very interesting—in some ways encouraging—to see that experts are back in favour in the Conservative party, after a period in which they were castigated, belittled, abused and reviled. Academics and no doubt judges will soon be back in the pantheon. However, I do not think that creating a series of new priesthoods of those who can lay down divine, unalterable and unchangeable wisdom is right in a representative democracy.

It is absolutely right that there are checks and balances within the system. As my hon. Friend the Member for City of Chester said, academics give views and those views can be challenged on the evidence that they have produced. But they all end up being advisory, and they all end up getting commissions for local government or boundary commissions, or from other bodies. In the same way, academics in transport had lots of views when I was a Transport Minister. None of them were living on their university salary: they were all doing commissions for different bodies. It may or may not have had some influence on their views.

[Alec Shelbrooke]

I wonder whether the right hon. Gentleman agrees with me, though, that one of the strengths of what we do at the Committee stage with the line-by-line analysis is to also act as a guide to the deliberations that have taken place and the arguments that have been put forward, for those who may independently be on the panel.

[John Spellar]

That is a very fair and effective point. There also needs to be a check, therefore—they know that there will be a check further down the line, and that they do not ignore those guidelines or indeed ignore the realities on the ground with complete impunity. In a minute I will come to why we saw that happen, and talk about the history of the last ten years and why boundary commissions failed on two occasions.

I must divert briefly from the matter following the intervention from the right hon. Member for Basingstoke, who had clearly prepared her comments about the OSCE, or maybe she came in after I raised the point of order at the beginning of the sitting. “The Code of Good Practice in Electoral Matters” clearly states that the

“maximum admissible departure from the distribution criterion…should seldom exceed 10% and never 15%, except in really exceptional circumstances”.

Therefore, it does not prescribe mathematical equality, nor indeed straining the system in order to achieve that mathematical equality.

[Mrs Miller]

The right hon. Gentleman will, if he looks back at what I said, see that I was talking about the principles set out in that report from that organisation, which explicitly say that deviation away from equality undermines suffrage. It is, of course, an international organisation so it is perhaps having to deal with many sorts of democratic systems, but I was referring to that principle.

[John Spellar]

Actually, if I look back at the earlier clause for which that was a note, it was referring to constituencies that had 10,000 eligible voters and another one with 100,000. The OSCE was not referring to the circumstances described when it said such situations should be avoided. But it laid down clear parameters, recognising that there would be all sorts of reasons in all sorts of countries for having a reasonable range in order to deal with ethnic or religious divisions—as it pointed out—as well as geographical factors in other areas.

I will move onto the issue of what is the mischief that actually the legislation seeks to remedy. That comes down to how we got here. Everyone accepts that population changes. Nobody—except perhaps some Conservative Members on the other side of the Committee—would want to go back to the Old Sarum system in which a dozen voters had a vote while the populations of the great growing urban areas of the 19^th century were unrepresented. Obviously, therefore, we need to recognise population movement that is probably greater now than it was previously. Frankly, we got into this position because of a shallow and superficial gimmicky decision by the previous Prime Minister, David Cameron, for a strapline of saving money by cutting the number of politicians. We have, in fact, been representing far more constituents. In fact, we represent far more constituents now than at any other time in British history. He got a cheap headline, and some people may have bought it, but it was absolutely irrelevant in terms of GDP and Government spend. However, that then imposed huge constraints on the boundary commissions.

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[Mrs Miller]

The right hon. Gentleman is advocating the current situation as if it is some utopia. Can he explain why anybody should be happy that he has a third fewer constituents than I do in my constituency? If he is looking for checks and balances if the boundary commission or its advisers abuse their position, surely they are that the House of Commons can change the legislation in future if the situation is abused. I have to say, there is more evidence that it has been abused under the current situation, and he is advocating to keep it that way.

[John Spellar]

I must repeat what I just said: everybody accepts that population change, growth and reduction, urban clearances and so on have an impact. That has changed somewhat, because the traditional pattern was that slum clearances in the inner cities meant that people moved to the suburbs and, subsequently, to the fringe towns. I expect that is what is happening in the constituency of the right hon. Member for Elmet and Rothwell. Everyone accepts that that takes place.

It was the actions of the former Prime Minister—first, in attempting to reduce the number to 600 and secondly, proposing to change the margin of variation to 5%—that created an unacceptable framework, which then created completely unrecognisable constituencies that completely lacked community. The borough of Sandwell would probably have gone down to three seats.

The other problem is that the rigid mathematical formula, along with no imagination from the boundary commission, creates a huge number of orphan wards. Those are areas that are parts of someone’s constituency but have no connection with the rest of it. Inevitably, the Member then focuses on the bulk of their constituency. That is not good for democracy.

[Christian Matheson]

I thank my right hon. Friend for giving way. He is right about the orphan wards. Does he share my concern that the right hon. Member for Basingstoke, in her intervention, accidentally conflated two interpretations of the phrase “current situation”? One is the current situation regarding the current introducing of boundaries and the other is the current situation regarding the process we follow to get there and, at the moment, the current situation includes a parliamentary approval. She mentioned in her intervention the different sizes of constituencies. We are not suggesting that we object to that, but there is a conflation here that might confuse the Committee.

[John Spellar]

I very much take my hon. Friend’s point. Fundamentally, the parliamentary approval finally acts as the constraint on the Executive, but also on the bureaucracy. I do not believe in this, as in so many other areas, we should just hand over decision making to the great and the good. Academics and lawyers have a proper role: they should advise. Quite apart from their role in a judicial capacity in trying cases, their views should not be unchallengeable. As I said earlier, I thought that view was quite fashionable in the Conservative party, but that may have changed.

One could do away with the whole problem. One could have a national list and, just as in Israel, whatever the percentage of votes are achieved, that is the number of seats given. I happen to believe very strongly in the constituency link. I happen to believe in individual constituencies and the Member’s link to those constituencies, representing their local interests and views. In the last election, we saw very different patterns across the country. Those regions and towns were represented. That is why it is important we try and keep those together.

Finally, one of the experts referring to the question of local links rather disparagingly said that very often they were political points dressed up as constituency links. There was some truth in that, although I think he was far too disparaging of constituency links and relationships. Equally, we are seeing that in the debate we are having. There are some political elements in this, as we are seeing with the 5%. Also, as in clause 1, there is a slight anomaly here. In 2031, the report will have to be in by 1 October and every eighth year after that it is 1 October, except in 2023 when it is 1 July. One therefore has to question whether there is an interest—I give way to the vice chair of the Conservative party.

[Alec Shelbrooke]

The right hon. Gentleman has given me a good smile this morning. For that to come into effect, there would have to be a vote of the House once more, because we are still under the Fixed-term Parliaments Act 2011. Once again, I hear what the right hon. Gentleman is saying, but again, it would have to be a decision of two thirds of the House.

[John Spellar]

The cat is out of the bag.

[Christian Matheson]

Meow!

[John Spellar]

Not one denial that this is a change that is designed after, presumably, not a two-thirds majority but a simple majority of the House to do away with the Fixed-term Parliaments Act 2011. I think it is part of their programme to put through that legislation and then call a snap election in October, rather than in the following May, which is scheduled in all the other legislation.

[Alec Shelbrooke]

I thank the right hon. Gentleman for promoting me way beyond my humble Back Bencher status to being able to control the date of the next election. It still comes down to a fundamental point that all of these matters rest on a vote of the House. It comes back to the point that I made earlier: we are voting in this Committee on setting those parameters. It does not usurp the will of the House at any time, because the Bill is in Committee, it will go through both Houses, and it will come back. Whatever the political naughtiness may be around the discussion, it will always come down to a vote of the House.

[John Spellar]

Mr Paisley, I am prepared to end by conceding that there is clearly political naughtiness, and it is very much contained in clause 3(2).

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[Shaun Bailey]

That is not in my patch.

[John Spellar]

It is in the east.

[Shaun Bailey]

It is in the east. It is an interesting point, because we are put here to represent those communities. In a way, it is a weird dichotomy because those communities are our self-interest, and we want to make sure, ultimately, that they have the best level of representation.

Parliamentary scrutiny is at the core of this, and it is the contentious point. If history has shown us anything, can we really call what we have seen over the past 50 years proper parliamentary scrutiny? Really what we have seen is an attempt by this place to kibosh any sort of review or change to the boundaries. I know we keep harking back to 1969 and to the historical boundary changes, but the pattern that we see speaks for itself. This has been going on for 10 years. In the vein of trying to get things done—as we said in December—now is the time, given that we have talked about the matter for a decade, to finally get some movement on it.

The hon. Member for Lancaster and Fleetwood and others asked whether judicial-led boundary commissions would be truly independent. My right hon. Friend the Member for Basingstoke asked a representative of the Liberal Democrats in our first evidence session how politicians directly influence judicial-led boundary commissions. Surprise, surprise, no real answer was put forward.

We cannot do down the importance of the judiciary in our democracy. It is one of our three pillars of Government, and of our democracy. I have heard the arguments that we do not want the process to become one led by technocrats. We have had a debate over the past four years, as we have been trying to leave the European Union, about the role of technocrats in our democracy. However, we must look at how communities engage with this matter, particularly the aborted reviews of 2018 and some of the stories that we have heard.

I remember being told an anecdote about the proposal to join Halesowen with Selly Oak. The story was as clear as day: the hearing was going on, and a gentleman walked in off the street and articulately explained, for a good part of 10 minutes, why the Black Country is not Birmingham. In the end, that led to the commission changing its view. We cannot underestimate the role of the public, whom ultimately the Bill exists to serve, and who ultimately are the subjects of the Bill, in forming and shaping it.

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The hon. Member for City of Chester used the analogy of the supervisor of a PhD, which was a timely way to try to mould the argument together. I slightly disagree with his analogy, because in my experience of doing a master’s degree, the supervisor sets the parameters for what we do, but they certainly do not mark the homework afterwards. That is sent off to an independent third party to do the review and then we go on to a viva. I understand the point he was trying to make, but it does not really fit the analogy. What we are trying to do here is similar: we set the parameters and say, “This is what we are trying to do.” We can debate that, as we are now, and we can do so again. That is the privilege of this place. We can amend and change things if we find something does not work. The Opposition say the issue is that we cannot change this.

[John Spellar]

I ask the hon. Gentleman to reflect on the proposals of the previous boundary commission, which wanted to take one seat from the middle of Halesowen right the way through past Birmingham, Selly Oak almost to the Birmingham-Solihull border. Another proposal was to run through my constituency right the way through his and then through to Dudley town centre. I am sure he will accept that there is very little commonality between those various constituencies. Indeed, most of our residents have very little dealings with the borough of Dudley and vice versa.

[Shaun Bailey]

The right hon. Gentleman makes a good point. I used the example that he raises with respect to the Halesowen and Selly Oak seats because of the interaction of the public, and it was changed. Yes, he is right, and that is why the public came forward during those hearings to put their points across. He knows as well as I do that the Black Country is not Birmingham. That is the point raised particularly in our patch time and again. I absolutely hear his point. We have seen those anomalies; I do not disagree with that. However, we have to trust the process and trust the public to know their communities. I am sure he will agree that our residents in Sandwell absolutely know their community.

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[John Spellar]

To reinforce the hon. Gentleman’s point, the Black Country is not Sandwell and not Birmingham, even though people outside think it is, yet that was not recognised by the boundary commission, which stubbornly refused to accept it. That is the difficulty. There is arrogance and ignorance, frankly, in many cases, and there needs to be a corrective mechanism.

[Shaun Bailey]

First, I accept the point that the right hon. Gentleman raises about the boundary commission not understanding communities, but with representations from those communities those points are then corrected. The issue of Halesowen was raised with the boundary commission at the last minute and it was corrected.