Parliamentary Constituencies Bill

Lloyd Russell-Moyle Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Tuesday 2nd June 2020 Commons Chamber

[Chloe Smith]

That is a really important point and a good argument. I will come to that shortly because it is, quite rightly, at the forefront of all our minds.

Let me first deal with the other two arguments that are put forward in Labour’s reasoned amendment. It is a little disappointing to see those arguments, because all political parties really ought to be able to get behind the Bill. It is the right thing to do and it is disappointing to see an attempt to block it, because we need to have equal and updated boundaries.

In Labour’s 2019 manifesto, the party pledged to

“respond objectively to future, independent boundary reviews.”

The first two points in the amendment do not live up to that. The first says that the Bill concentrates power in the hands of the Executive. That is not true; the Opposition are wrong and I will go on to explain why. As I said in response to the hon. Member for Rhondda (Chris Bryant), who has left his place, the second point in the amendment argues for less equal seats, and I cannot believe that there is a political party in this House that does not wish to see itself as following in the footsteps of the Chartists, seeking equal representation across the land.

I do not know how the Labour party does want to see itself, but it ought to reflect on what it said when it was last in government, as it agreed with the then Committee on Standards in Public Life that there was inequality of electoral quotas, which would erode equal representation. Labour did not change that, and it came to the Conservatives and Liberal Democrats in government later to put that right, bringing in the quota of plus or minus 5%. It is that which we maintain today in this legislation, and it is that which provides more equal seats and ought to be supported.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

I agree broadly with the hon. Lady that equal representation between seats is really important, but we all know that from time to time different numbers of people register in different constituencies. When the first major boundary review took place in 1911, the boundaries were based on population census data and not on the whims of who had registered that year or not. Is there not a case now to go to that data, and then 5% possibly could be perfectly agreeable?

[Chloe Smith]

I understand the argument on census data, and I am grateful to the hon. Gentleman for putting it, but I do not think it is the right thing to do. I am very happy to explain why, notwithstanding the perhaps obvious point that censuses are only every 10 years—they are on a different frequency to even the amended cycle we have here in front of us—so straightaway they are not suitable because of a different rhythm. There is an important point that we ought to recognise, which is that in a census a different group of people are counted. For example, censuses, naturally, count people who are not citizens and electoral registration must count those who are eligible to vote. That is an important distinction and I think it is right that we use electoral registers as the basis of the data. Another point on which we must all agree—I am confident that he does—is that we all ought to encourage everybody to be registered to vote, because that is the core answer to his point.

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[Chloe Smith]

Yes, I can confirm exactly that. My hon. Friend illustrates the point I have just made; the intention of that improvement is indeed to allow prospective local government boundaries to be taken into account.

[Lloyd Russell-Moyle]

On local boundaries, in Brighton our average ward size is 10,000 whereas in Birmingham some of the ward sizes go up to 20,000. The difficulty of having only a 5% variance is that inevitably in urban areas we will have seats that are cut, confusion for the electorate and MPs often having to cover three council areas. Is there not a case for allowing the Boundary Commission at least to weigh up these things on an equal standing, rather than requiring them always to be subordinate to the numbers and not to the community?

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[Cat Smith (Lancaster and Fleetwood) (Lab)]

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House whilst supporting the retention of 650 parliamentary constituencies declines to give a Second Reading to the Parliamentary Constituencies Bill because the Bill would disproportionately and undemocratically concentrate power over constituency sizes and boundaries in the hands of the executive, because the Bill fails to create a more flexible electoral quota allowing greater consideration to be given to local ties and community connections when drawing constituency boundaries, and because the proposed numeration date for the boundary review of 1 December 2020 risks boundaries being based on an incomplete register owing to the impact of the covid-19 pandemic on the preparation of electoral registers.”

Every single one of us in the House today represents a constituency that has been drawn up based on the electorate data of nearly two decades ago. Twenty years ago, our country and our communities looked very different. Some of our communities have grown and others have seen population decline. Indeed, in that time, 2 million more electors have come on to the electoral roll and it is time we counted them when it comes to the constituencies we represent.

We hope that the review can be completed before the next general election and that there will be no further delay. After two shelved boundary reviews, the public will not want more taxpayers’ money to be wasted on a review that does not see the light of day. We need a boundary review, and the Opposition stand ready to work with the Government on that if it is fair and the rules are not inserted or omitted on the basis of any perceived political advantage for any party.

The Bill must proceed with the aim of delivering a fair and democratic review. We want the new boundaries to reflect the country as it is today and ensure that all communities get fair representation. Those boundaries must also take into consideration local ties and identities.

I welcome the Government’s decision to reverse their previous position of reducing the number of MPs to 600. As we have left the European Union and the work of the UK’s 73 MEPs falls to this House, it would have piled a heavier workload on to fewer shoulders. More importantly, it would have handed further power to the Executive, because reducing the number of MPs while refusing to cut the size of the Government payroll would create a dangerous level of Executive dominance at the expense of Parliament and our democracy.

Welcoming the return to proposing 650 MPs brings me to the last two wasted reviews on the 600 figure. With two abandoned reviews, we are in a farcical situation with boundaries. While Tory Ministers argued with their Back Benchers, public resources flooded down the drain. Millions of pounds of taxpayers’ money has been wasted. The unfinished 2013 review cost British taxpayers £7 million. It wasted the time and expertise of the boundary commissioners in working towards a target that was destined to be scrapped, and the 2018 review was equally wasteful. In a written question, the Government estimated the cost at £8 million. The Government have not provided a recent figure on that, but I have given the Minister the opportunity to do so by tabling a written parliamentary question asking just that.

However, one of the biggest concerns that the Opposition has about the Bill is the Government’s decision to end parliamentary oversight of the process. It is yet another attempt to diminish scrutiny over executive power. Parliamentary oversight is fundamental to the democratic passing of a Bill, and this Bill is no different. The Minister says that it is to stop MPs blocking new boundaries, but in the last Parliament it was her Government who never tabled that review for a vote, so we will never know the outcome of a vote that never took place.

The process of needing MPs to vote for the final report from the commission is an important safety net, because without it we would now have just 600 MPs here today. When the Government wanted to go back to 650, it was that safety net that allowed them to do so and make that happen, but removing parliamentary scrutiny is worrying for the future integrity of our democracy. This loophole allows a power grab, with no parliamentary backstop to limit the dominance of the Executive. The Government have not shown any regard for the primacy of Parliament. Indeed, the unlawful prorogation of Parliament is a case in point.

I note the remarks that the Minister made about the enumeration date in the Bill of December 2020. I am glad that she is looking at this, and I look forward to her update to the House, because after 20 years of delay, the boundaries must reflect the electorate with the best possible accuracy. I urge her to consider ditching the 1 December 2020 register in light of the unprecedented covid-19 crisis that we are currently living through. Our councils are working flat out to support our communities at the present time, and to ask them to undertake an annual canvass at a time of social distancing when they have stretched capacity risks that register being patchy at best. So I welcome the Minister’s remarks and put on record my thanks for the hard work that all our councils are doing in supporting some of our most vulnerable residents at this time.

[Lloyd Russell-Moyle]

Does my hon. Friend agree that there may be a case to always link the register to the last general election? We know that that is a credible register. Other crises might come up in the future, and the Government will always have to be changing, whereas if the register is always based on the last election we will know that it is based on a mandate that people have exercised.

[Cat Smith]

I thank my hon. Friend for that very sensible point. What he notes, of course, is that we see a spike in voter registration when we have a general or a local election. Of course, this year there are no elections because of the coronavirus crisis, but just six months ago we had a general election in this country and we know that the December 2019 register is incredibly accurate because we saw a spike in voter registration.

We are also aware that electoral registration officers are already expressing concern about the impacts that coronavirus will have on the December 2020 registers, and the prevailing opinion is that the annual canvass is likely to be impacted in some significant way. I urge the Minister to favour using the very recent general election data of December 2019. The Office for National Statistics released that data just last week, and we saw more than 1 million people register between December 2018 and December 2019, indicating that the December 2019 register is much more accurate than the December 2020 register will potentially be.

The fact that the data was published last week demonstrates the lag in collating that data. So if, for example, the Government were to continue to use the December 2020 register, commissioners would probably be waiting until May 2021 before they had collected that data from EROs and could get on with their work. Let us help the boundary commissioners begin their important work as soon as possible by using the data published last week, which we already have, relating to December 2019 and the general election.

Parliamentary Constituencies Bill

Lloyd Russell-Moyle Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 14th July 2020 Commons Chamber

[Cat Smith]

I think in the case of Port Talbot it was the 5% quota that meant that that decision had to be reached. When we are talking about quotas, we know that internationally a larger quota is used and promoted as best practice for securing fair representation. Indeed, the Council of Europe’s Venice Commission’s code of good practice in electoral matters recommends allowing a standard permissible tolerance of an average of plus or minus 10%.

As the Minister knows, there is a consensus amongst respected experts such as David Rosser and Professor Charles Pattie who agree that the 5% rule causes significant disruption to community boundaries.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

We have heard from the other side a suggestion that we should use polling districts as the building blocks, not wards, but is there not a problem with deviating from wards? Wards are agreed by an independent commission, whereas polling districts are decided based on the location of the local church hall for use as the polling station. Surely we need independent commissions that create the building blocks of wards that then form the building blocks of constituencies. The only way to do that is with the 10% or 7.5% variance.

[Cat Smith]

My hon. Friend makes an important point about the legal standing of polling districts. Wards that are drawn up by the local government boundary commission have that independence in terms of the boundaries that they represent, whereas polling districts are for administration of elections done by local councils and, as he says, can be decided basically on their proximity to a church hall.

My hon. Friend the Member for Ogmore (Chris Elmore) mentioned Wales earlier, and this restrictive quota will disproportionately impact Wales. I know that many more Welsh colleagues will express their concern about the geographical challenges that the quota will throw up in Wales. With mountains and valleys dividing communities, the task of creating constituencies that make sense to those communities becomes extremely difficult.

I shall conclude by highlighting the fatal flaw in the Government’s arguments on the 5% quota. Throughout the Bill’s progress, the Minister has argued that a robust boundary review with a 5% quota will magically ensure that every vote carries the same weight. But the Government’s central argument turns on the ludicrous suggestion that the 5% quota will achieve parity of representation for all electors across the United Kingdom. On what planet does every vote count equally in this country? Leaving aside the fact that there are so-called safe seats, which effectively disenfranchise huge swathes of the population at every election, it simply is not true that every vote would count equally as a result of the Bill. At any given election, in the region of 9 million eligible voters are incorrectly registered and lose out on their chance to vote, and millions more will join them with the Government’s voter ID plan set to lock more people out of democracy simply for not having the right form of ID.

The new boundaries will not be based on the reality of the British electorate, with millions of eligible voters missing from the register, so can the Minister stop rolling out the line that somehow a 5% quota will revolutionise our electoral system and suddenly make every vote count equally? The truth is that she knows exactly what measures will make our electoral system more equal, because 11 months ago the Electoral Commission made clear recommendations, including encouraging the introduction of automatic voter registration. The Government still have not responded to those recommendations, meaning that the electoral register to be used as the basis for these boundaries is incomplete and patchy at best. When will the Government start to prioritise democratic engagement?

It is clear that the Government’s central argument about making every vote count falls at the first hurdle and that their secondary argument about the removal of Parliament’s role preventing delays to the process just does not hold water. As Professor Sir John Curtice pointed out, the Government can easily delay the process. The Labour party fundamentally rejects the Government’s attempt to end parliamentary approval for new constituency boundaries, and we ask that Members think hard and long about the impact of removing Parliament from the process. In its current form, this Bill is an insult to the House.

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[Cherilyn Mackrory]

I thank the right hon. Gentleman for his intervention, but on this review, the mathematics mean that the people in Cornwall will be represented within its boundary, as we would expect.

[Lloyd Russell-Moyle]

Will the hon. Lady give way?

[Clive Efford]

Will the hon. Lady give way?

[Ben Lake (Ceredigion) (PC)]

It is a pleasure to participate in this debate, and a particular pleasure to follow the hon. Member for Truro and Falmouth (Cherilyn Mackrory), with whom I agree quite strongly that Cornwall is its own nation and should be respected. Indeed, in Committee, we received quite a bit of evidence to that effect from Cornwall Council and Councillor Dick Cole, who drew our attention to the fact that the UK Government recognised Cornwall as a minority nation back in 2014, and that its territorial integrity in terms of representation in this place must be respected.

I wholeheartedly agree with the hon. Member that that should be addressed. Where we might disagree somewhat is that I believe we perhaps need to go further —this is something that could be looked at again under this Bill, perhaps in the other place—to see how we can ensure that those safeguards for the people and the nation of Cornwall are adequately protected.

[Lloyd Russell-Moyle]

I am a fan of the Kingdom of Sussex and I still sing “Sussex by the Sea” on our national day, but is that not an argument for keeping within county boundaries or historic national boundaries? We therefore need a higher variance on the number; otherwise, the Cornish will be saved this time, but they will not be saved next time.

[Ben Lake]

The hon. Member makes a good point in terms of the fact that the protections are temporary, in so far as the mathematics, or the population, this time around is protected and works for Cornwall, but in the future there need to be other safeguards.

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In conclusion, I support the Bill and thank the Minister and her team for all the work they have done on it. We must get as close as possible to the principle of equality, so that all votes in this place and in the country count the same.

[Lloyd Russell-Moyle]

When I went to the Table Office a few weeks ago to pick up this Bill I picked up the wrong one, and I was reading it and thinking, “This is a particularly good Bill and it seems very reasonable and sensible,” and then I realised it was actually a private Member’s Bill from a number of Conservative Members. So better suggestions have been laid here in Parliament, and it is such a shame that the Government do not take more heed of their own Members. But let us talk about the content of the Bill before us today.

The question is, of course, what is in a number, because the reality is that a percentage does not really matter. We are talking about building blocks that are numbers, not percentages. We do not say, “In this ward there is 5% of the population”; we say, “In this ward there are 3,000 voters.” That is what we are working on.

So let us talk about practicalities. In the average metropolitan borough or London borough, the average ward size is 9,800 people—about 10,000 people. A 5% variance at the moment excludes all of those borough wards. It does not affect nice shire counties where, of course, Government Members predominately come from, because their average size is only 3,000. So of course they are able to build coherent communities in those places more easily, but it is harder in urban areas and we divide and rule communities there with this 5% variance. If we had a 7.5% variance, we would of course avoid that, because then the variance is 10,000; the vast majority of our urban wards would be able to be included as a whole, and there would be very little problem.

I think there is actually an argument to review how we do boundary proposals in their holistic nature from bottom to top, and say that the boundary commissions for local government should be creating wards of smaller sizes, so they fit into the shape of what we want the variance to be. There is an argument for doing that to get the building blocks right, but the Government have not come forward with such a proposal; they have rejected the idea of talking about local government reviews at the same time as parliamentary Government reviews. Since that is off the table, we need to accommodate ourselves to the situation that we have.

[Mr Holden]

Will the hon. Gentleman give way?

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[Lloyd Russell-Moyle]

No, I am afraid that time is very tight.

The predecessor Committee to mine suggested 10%, with a 15% allowance in exceptional circumstance. That was agreed across the parties in 2015; this is a far more modest proposal. Of course the Boundary Commission should aim to be dead on—no one is saying otherwise—but where that is impossible, we should allow it flexibility. To use a judicial analogy, we should allow the judge to use their expertise, rather than tying their hands behind their back.

We know that if the rules are written incorrectly, we will get a gerrymandered outcome. That is not the fault of the commissioners; it is not the fault of the judges, although it is not a judicial but a quasi-judicial process; it is a fault in how the rules are written, which is why it is so important that the question should come back here. It is not we who vote in Parliament; our votes are for the people, so removing this place’s oversight is removing the oversight of the people.

Finally, I will quickly touch on how we look at the numbers. The 1917 boundary review, which was the first major boundary review in this country, used census data. The 1911 census, which I have been looking at recently while doing my ancestry—scarily, I am related to the Eustices; I must inform the Secretary of State for Environment, Food and Rural Affairs—was used as the building block, because it was both the census and the electoral roll. Splitting it has meant that we no longer have an automated electoral roll. If we either had an automated electoral roll or used the census, we would have fairer constituencies as well. I am disappointed that the Government have not included that.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Alex Davies-Jones.