Parliamentary Constituencies (Amendment) Bill

Kevin Foster Excerpts

2nd reading: House of Commons
Friday 1st December 2017 Commons Chamber

[Kevin Foster (Torbay) (Con)]

Does my hon. Friend agree that the rapid growth of new towns makes it logical to have more regular reviews, every five years rather than every 10 years?

[Lucy Allan]

That is an interesting point. We are not taking into account the number of people who are coming to new towns such as my constituency, or, indeed, the number of people who will move into the houses that are being built and have almost been completed.

In my view, the so-called public consultation has been no such thing. The Boundary Commission is simply taking submissions from political parties that have gathered a great deal of local support and, in some cases, not so local support. They are lobbying for an outcome that supports the political objectives that benefit them. My constituency is a case in point. The situation is farcical: all the people who are sending submissions are politically connected, and they all want the constituency to grow significantly when it could stay as it is and be within the threshold. I cannot believe that any genuine members of the public would want to share their MP with a larger number of people.

Given that there will not be another general election until 2022, the Government have an opportunity to consider carefully whether to take this proposal off the table, go back to the drawing board and get it right for the future. Why wait until October 2018, find that the House does not want the proposals to go ahead, and then start thinking about how to correct the process? We need to update the position and redraw boundaries at some point, but we must get it right, and I think that, for all sorts of reasons, we have an opportunity to do that now.

I commend the hon. Member for Manchester, Gorton, and also the former Member of Parliament for North West Durham, who presented the same Bill for the same reasons last year. There is a lack of flexibility and a failure to recognise that MPs must care for all constituents, registered or not. We must give a voice to all our constituents, be they in affluent Tory shires or urban areas.

--- Later in debate ---

[Mr Harper]

No. I accept that some people may not be able to use the electronic method, but they are of course able to register in the traditional way. I think I am right in saying, although the Minister will be able to confirm this, that many local authorities go to considerable lengths to make sure people who might be disadvantaged are registered to vote. I know many local authorities make great efforts to make sure homeless people are registered. Under the law those local authorities have a duty to get as many people legitimately registered as possible.

That bring us to the other part of the argument, because the hon. Member for Birmingham, Perry Barr said that people disappeared from the register. Yes, they did, because the registration process does two things. It deals not only with making sure the register is as complete as possible, so that everyone who is entitled to vote is on it, but with making sure that it is accurate and that only those people who are eligible to vote are on it. Many of the people who left the register when we introduced the new voter registration system were, in a sense, not really people at all. Many of them were people who were no longer in those constituencies and should no longer have been registered to vote but had not been removed from the register, and some of them were no longer alive and that had not been taken into account.

On accuracy, I also come back to the point made by my hon. Friend the Member for Harwich and North Essex about how up to date the register is, as the other thing to remember is that the current boundaries are based on electoral registers from 2000. So however imperfect the current process may be, if we do not get this review done and have the boundaries implemented, Members are saying that they are comfortable for seats to be drawn on the basis of registers from 2000. That means that at the next election we would have the absurdity of people voting who were not alive when the registers on which the seats were founded were put together. That is absurd and it needs to be changed.

[Kevin Foster]

My right hon. Friend made some interesting points about the registration process. Does he agree that it is bizarre to be hearing in the 21st century arguments that electoral registrations should still be based on a concept of male heads of households formed in the 19th century, as the old system was?

[Mr Harper]

My hon. Friend is absolutely right about that. We had an argument about this at the time, and the concept that the head of household, who was invariably the man, should be responsible for registering people was rather out of date. Putting that responsibility on individuals is an improvement. As I said, all the evidence suggests, and the fact that a lot of people registered to vote in the referendum demonstrates, that this is not a difficult process. It is straightforward. The online registration system is much easier.

The only significant Electoral Commission recommendation—the Minister ought to reflect on this point—related to the problem that in the current system it is not easy for people to check electronically that they are already registered. A significant proportion of the people who tried to get registered for the general election were already registered and these were duplicate registrations. That puts a burden on electoral registration officers at a very busy time, and there would be some sense in our reflecting on whether we can improve the online system to deal with that.

Parliamentary Constituencies (Amendment) Bill (Thirtieth sitting)

Kevin Foster Excerpts

Committee Debate: 30th sitting: House of Commons
Wednesday 24th April 2019 Public Bill Committees

[The Chair]

Before the Minister speaks, I add my congratulations to him on being appointed to the Government. We talked about age and anniversaries, but over the years since I have been here the Wales Office Ministers have all got younger and younger. I welcome the hon. Member for Torbay to the role and to the other duties he has, and I look forward to hearing him address the motion.

[The Parliamentary Under-Secretary of State for Wales (Kevin Foster)]

Thank you, Mr Owen. I look forward to working with you in the spirit of co-operation and positive engagement, so that we can do the best for those we seek to represent and serve.

I thank Members for their best wishes to me on taking on this new role and I will ensure that their best wishes are passed on to my hon. Friend the Member for Norwich North, who starts her maternity leave this week. It is a sign of a modern, inclusive Parliament that we have arrangements in place to ensure that taking on the role of Government Minister does not require a choice between having a family and pursuing a ministerial career.

I am happy to support the motion and the proposal to sit on 5 June. Having been at the other sittings on the Benches behind, it would be disappointing if I were now to find that this was the last sitting, and that I would no longer see my friends the hon. Members for Glasgow East and for Manchester, Gorton at 10am on Wednesdays. As they are aware, the House has considered since Second Reading whether the Bill should proceed and be considered in this Committee without a money resolution, and it has decided that that should not be the case. The Government have made clear, through the usual channels, their view on a money resolution.

That said, reports have been laid before the House from the independent boundary commission, and the work on the order that will be necessary to bring before Parliament continues although, as Hon. Members will appreciate, it is a lengthy and complex document, which will require significant preparation before being presented.

[David Linden]

Can the Minister update the House on the progress of that document? Is it 25%, 50% or 75% done? Surely the Minister will have some idea from the civil servants what kind of progress they are making. Can he give the Committee an indication of the percentage of progress in that respect?

[Kevin Foster]

The hon. Gentleman will realise that statutory instruments are not completed by a third, a half or a quarter, but once orders are prepared, they are ready to come before the House. It is a complex motion, given that it covers every street and house in the United Kingdom, in terms of ensuring that they are appropriately represented in this place. It will be submitted in due course.

[Christian Matheson]

May I ask the Minister a technical question? Is it the Government’s intention to bring forward all four boundary orders in one, or will they be brought forward as and when each individual one is ready?

[Kevin Foster]

I will briefly respond. Work continues on the orders, and we will bring them forward in the appropriate manner, as determined by the nature of the legislation to be considered by the House. The hon. Gentleman will appreciate that it will need to be an Order in Council presented to the House for its approval. It is a complex document, which will take some time to produce.

[Afzal Khan]

I have nothing to add other than my best wishes to the Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North, and congratulations to our new Minister, the hon. Member for Torbay.

Question put and agreed to.

Parliamentary Constituencies (Amendment) Bill (Thirty First sitting)

Kevin Foster Excerpts

Committee Debate: 31st sitting: House of Commons
Wednesday 5th June 2019 Public Bill Committees

[The Chair]

Does the Minister wish to respond?

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

No.

[The Chair]

Mr Khan, do you wish to wind up the debate?

Parliamentary Constituencies (Amendment) Bill (Thirty Second sitting)

Kevin Foster Excerpts

Committee Debate: 32nd sitting: House of Commons
Wednesday 10th July 2019 Public Bill Committees

[Christian Matheson (City of Chester) (Lab)]

I pay tribute to my hon. Friend the Member for Manchester, Gorton, whose resilience and persistence in this matter is an object lesson to us all.

This could well be the Committee’s final sitting. My hon. Friend reminded us that this is our last meeting before the summer recess; the memory of the last meeting before last year’s summer recess only enhances our frustration on the Opposition Benches. If certain hon. Members—not on the Committee, I hasten to add, but in the Government party—get their way and Parliament is prorogued, this will indeed be our last sitting, and my hon. Friend’s Bill will fall. However, that will not take away the need to bring the proposals before the House, as the right hon. Member for Forest of Dean notes. The sooner we get those, so that the House can make a decision, the better. It is not acceptable that the Committee has taken this long to achieve absolutely nothing; the sooner we get this matter dealt with, the better.

I will leave it at that. I wish all Committee members a pleasant recess. As always, I shall be working in my constituency, and I am sure that they will be doing the same.

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

It is a pleasure to serve under your chairmanship, Mr Owen. The Committee may find it helpful, in deciding whether to adjourn, if I update it on the judicial review against the Boundary Commission for Northern Ireland. I am sure that Committee members are aware of those proceedings, but I stress that the BCNI is independent of the Government, and that the Cabinet Office was not party to the original proceedings.

The High Court of Northern Ireland has now issued its judgment in relation to the judicial review. It has concluded that the Boundary Commission for Northern Ireland erred in law procedurally, and fettered its discretion by setting a high threshold for making changes at the last of the three statutory stages of consultation that it had followed. The Court had indicated that it was considering ordering the Minister for the Cabinet Office to attach a declaration to the boundary order, when it is brought forward, stating that the Boundary Commission’s consultation contained an error of law. To be clear, the Court has not struck down the order; it has merely made that statement.

We made submissions to the Court to argue that that was not an appropriate remedy, given the separation of powers between the Court and Parliament. The Court listened to our concerns, and its final order states that it has accepted our position, and has agreed not to order the declaration to be attached to the boundary order. The Court has made it absolutely clear that the Boundary Commission for Northern Ireland took all the steps that it was required to take by statute; it has not quashed the Boundary Commission for Northern Ireland’s report.

As Committee members would expect, the Government have closely followed the judicial review. We are also conscious that both the applicant and the Boundary Commission for Northern Ireland have six weeks to decide whether to appeal the Court’s judgment, which will obviously have implications for the timetable of the boundary order.

I wished to update the Committee on the matter. I hope that hon. Members will be content with that explanation.

[Mr Harper]

Before the Minister sits down, I have two questions. First, am I right in thinking that until the appeal period is concluded, the Government cannot continue drafting the orders, or bring them before the House? Secondly, once the appeal period has concluded, or an appeal is heard and decided on, assuming that the Court does not quash and overturn the work of the Boundary Commission for Northern Ireland, will the Government be in a position to make further progress, albeit with the constraints set out by the hon. Member for City of Chester about the potential end of the parliamentary Session?

[Kevin Foster]

rose—

[The Chair]

If the Minister is unable to give a full response, he can write to the Committee.

[Kevin Foster]

That is possible, but I can briefly respond to my right hon. Friend’s points. To be clear, the Court has not quashed the order, so we would be able to bring it forward, but I think that most hon. Members would feel it more appropriate for the judicial proceedings to reach their conclusion before Parliament is invited to take its decision. Even if the judgment stands, the order will not have been quashed, so it could be brought forward, but when the House is making its decision, hon. Members can debate the Court’s judgment.

On what happens at the conclusion of the judicial process, I do not think that it is right for me to get into what-iffery about what might happen in particular circumstances, but clearly the Government will then take a view on what implications it has had, if any, and on what any final judgment states, in line with our legal obligations in relation to the wider order and the process of bringing it forward for a decision by the House. As I say, I do not want to get into speculation about where that process may end, particularly given the sensitivity of some of the issues involved.

[The Chair]

I appreciate the Minister giving us that information. If he feels that he needs to give us more information, he can do so in written form.

[Kevin Foster]

On a point of order, Mr Owen. I have already written to the Chairs of the Select Committees on Public Administration and Constitutional Affairs, and on Northern Ireland Affairs, to confirm that information, for their interest.

[The Chair]

I am grateful. If copies could be made available to the Committee, it would be very useful.

Question put and agreed to.