Parliamentary Constituencies Bill

Lord Blencathra Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 8th October 2020 Lords Chamber

[Lord Campbell of Pittenweem (LD)]

My Lords, I will be brief, taking full advantage of the speech of the noble Lord, Lord Young of Cookham, whom I wish to congratulate on bringing this matter to the attention of the Committee and, indeed, persevering with it to the extent that we now know that consensus has been achieved. In that respect, it would be only right and proper to thank the noble Lord, Lord True, for being constructive in these discussions. The noble Lord referred to the noble Lord, Lord Cormack, who certainly deserves a mention in dispatches as having been a very fervent supporter of the principle, albeit with a different figure in mind.

The mischief that this amendment seeks to address is the fact that, under the previous legislation, the Government had what one could reasonably describe as an unfettered discretion, which has now been substantially removed. The consequence is that the onus will rest with the Government to establish whether or not the exception that is contained can be fully supported. I venture to suggest that the Government—any Government—will find it a lot more difficult to defend exceptional circumstances that would have had reasonable practicability.

[Lord Blencathra (Con)]

My Lords, I am delighted to welcome this amendment and to add my name to it. I can also be brief because of the excellent speech by my noble friend Lord Young of Cookham. I strongly supported the three-month provision in Committee, and I welcome this amendment, because it keeps the Conservative Party’s hands absolutely clean and above board. I make no apologies for reminding the House, as I did in Committee, that there have been only two occasions when Boundary Commission reports were abandoned: one was the disgraceful episode involving Jim Callaghan’s Government, who scuppered the report; and the other was a rather grubby move by the Lib Dems in 2011 to scupper the Boundary Commission report then. That was done purely out of spite because they had lost the PR referendum.

Enough of going over old bones: this now means that this Conservative Government will deliver on the commitment to make sure that Boundary Commission reports are presented automatically within four months unless there are these exceptional circumstances. My noble friend Lord Young cited a couple; they do seem to be rather serious and very exceptional circumstances. I will be grateful if my noble friend the Minister has got any more examples, but they do seem to set a standard that it would be very exceptional circumstances indeed before a Boundary Commission report did not proceed. Therefore, I welcome this compromise and I commend it to the House.

[Lord Grocott (Lab) [V]]

My Lords, I certainly support this amendment; without it the Bill would have been based on a false prescription

Repeatedly during the passage of the Bill, we heard from Ministers that through it, Boundary Commission proposals can be brought forward without political interference. The dreadful word “automaticity” entered our vocabulary —or was refreshed—repeatedly. Under the system prior to this amendment, which I hope will pass, there certainly was not automaticity; there was automaticity “up to a point, Lord Copper”. An automatic car goes up through the gears without any interference from the driver. In the case of this Bill, the Boundary Commission proposals could move forward seamlessly over the first few hurdles, but at the point where the Order in Council had to be presented, that involved the driver, who, in this case, of course, is the Minister. The amendment tabled by the noble Lord, Lord Young, deals with that problem to a considerable extent—not quite as far as far as I would have liked, but there we are.

I congratulate the noble Lord, Lord Young. I reread his Committee stage speech and it really was masterly. The Minister, in fairness, realised this and all but said, “game, set, match and tournament” when he was winding up. Of course, we still do not quite have automaticity, and the part of the amendment that maybe I should have put down an amendment to and do not feel too happy about is that the four-month requirement for the laying of the Order shall proceed

“unless there are exceptional circumstances.”

In his speech today, the noble Lord, Lord Young, was all too aware that the validity and strength of this amendment depends to a degree on what is meant precisely by “unless there are exceptional circumstances”. The Minister said that they would be things like the Covid crisis. No one would deny that that is an exceptional circumstance but of course, as far as I can remember in my political life, whenever there are exceptional circumstances of anything approaching that level, emergency legislation is immediately introduced. Among other things, as with the Covid legislation, this sets asides all sorts of aspects of normal political behaviour. It postpones local elections. You cannot get anything quite as interfering in the normal processes of democracy as postponing local elections.

I am quite certain that if exceptional circumstances of the sort the Minister is envisaging were ever to take place and emergency legislation were required, it would be easy to insert a provision stating that the four-month rule must be overruled. I really see no need to put in the Bill the phrase “unless there are exceptional circumstances”. It may have been one of the compromises that the noble Lord, Lord Young, acknowledged are necessary when parties are involved in discussions, but the Minister really does need to address this point when he winds up. Can he please list the exceptional circumstances the Government have in mind and are worried about? In each case, can he give me an example of when it would not be necessary to introduce emergency legislation? Any emergency legislation could easily deal with this issue—I do not think it is a problem, but it is addressed in the Bill—by allowing this “exceptional circumstances” exemption. I look forward to hearing what the Minister has to say about this, because I think it is a weakness in the amendment.

--- Later in debate ---

[The Deputy Speaker (Baroness Finlay of Llandaff) (CB)]

I have received a request from the noble Lord, Lord Blencathra, to ask a short question for elucidation.

[Lord Blencathra (Con)]

My Lords, this is not a question as such. I want to commend my noble friend Lord Hayward for mentioning the 1983 Boundary Commission review, which I intended to mention but clean forgot. That was implemented by the late, great Viscount Whitelaw of Penrith. He did it, even though it added large swathes of Lib Dem-held wards to his own constituency. In the by-election which followed his elevation to this place, I almost lost the seat because of that. As usual, Willie did the right thing. The Government are doing the right thing now and I commend them.

[The Deputy Speaker (Baroness Finlay of Llandaff) (CB)]

Does the Minister wish to respond?

--- Later in debate ---

[Lord Blencathra (Con)]

My Lords, it was a delight to hear the noble Baroness, Lady Hayter, move the amendment. I recall her saying in an earlier debate that everything that could possibly be said had already been said. I suspect we shall hear the same in this debate. It reminds me of a time 30 years ago when I was a junior Whip in the Commons pushing through hundreds of Lords amendments. I had a deal with the opposition Labour Party; colleagues were speaking for one to two minutes each. Then the great MP, Sir Ivan Lawrence, got up and said, “Everything that could possibly be said on this amendment has been said, but not by those of us qualified to say it.” With his having spoken for 20 minutes, the deal fell through and we were there until midnight. I hope that will not happen tonight.

It was also a delight to listen to the noble and learned Lord, Lord Morris of Aberavon. He is a wee bit older than me, but I would love to have lived in that golden era where constituents loved their MP, did not want any boundary changes, were committed to the community and must have been appalled at having general elections where their MP could possibly be lost to them. It was a wonderful era and I wish we had it now. He mentioned there are many sheep in his constituency. In my part of Cumbria, there were infinitely more sheep than voters and my opponents used to claim that it was where my majority came from. Therefore, I congratulate the noble Peers who have proposed these amendments and spoken in favour of them. I commend them because they did so with an extraordinary degree of earnestness and a straight face.

Anyone who has not participated in the boundary changes game might have been fooled for a moment into believing there was a great mass of constituents who cared passionately about the exact boundaries of their constituencies and the necessity of retaining a relationship with the same MP. Who are we kidding? Let us be honest: the vast majority of constituents have not a clue where their constituency boundaries are and could not care less. They care about the politics of the MP and using their vote to change the Government, as we saw last year. Once an MP is elected, constituents care about issues and someone to take them up on their behalf. Boundaries are irrelevant. I only ever had one constituent who cared passionately about the boundary and that was the late Earl of Lonsdale, who was deeply upset that Willie Whitelaw, as he then was, implemented the 1983 boundary report which put a bit of Lord Lonsdale’s beloved Westmorland into the Cumberland/Penrith constituency.

All of us who have been MPs in a former life have played the boundary commission game, which is a bit like Monopoly but with electors in play rather than money. We try to land a ward or a parish which gives us the voters we want and try to get rid of wards which are unhelpful to our majority. Instead of playing with hotels and railway stations, we use rivers, roads and mountain ranges. We would happily split Park Lane if it aided us and disadvantaged our opponents. The Labour and Conservative parties would give away Park Lane to Lambeth if it helped them retain the seat or win the seat of Kensington and Chelsea.

We have all produced spurious arguments why our constituency boundaries must or must not be changed and have cited ancient history, travel-to-work areas or strong community ties. While there may have been some truth in these facts, the motivation for advancing them was all bogus.

I recall in Grand Committee the noble Lord, Lord Tyler, mentioning that the River Tamar could not be crossed because it was a boundary since pre-historic times. I can imagine the Neanderthal Lib Dem predecessor to the noble Lord, Lord Rennard, a good party hack, arguing before a Palaeolithic boundary inspector that their caves in Devon were a distinct community and different from those in Cornwall.

The real motivation behind the representations made by Labour, Lib Dem and Conservative Members and their parties to the Boundary Commissions and the inspectors is to carve up as many seats as possible to give the party more seats. There is nothing wrong or immoral about that, and in my experience the commission has never been fooled by any of these bogus political representations, no matter how hard or earnestly we tried.

What makes the work of the inquiry inspector more difficult is when there is a wide range of constituency sizes, thus permitting political parties to mount a range of suggestions for wards and districts to be included or excluded. I support the 10% range in the Bill, from a low of 95% to a high of 105%. My noble friend Lord Hayward, who called himself a political hack—he was a brilliant political hack—tells me that the model constituency will be 73,000 electors. This permits constituencies ranging from 69,350 to 76,650. That is almost 7,000 electors to move about and it should take care of all claimed, so-called unique communities which cannot be split, as noble Lords have argued.

Amendments 12, 13 and 14 would increase the range not to 7.5% but to 15%. Amendment 14 goes even further—to suggest an extraordinary 20% range. If the amendment in the name of the noble Lord, Lord Tyler, were accepted, one could have a constituency of 65,700 sitting next door to one of 80,300—a 15,000-elector variation. It was noticeable that all noble Lords from the Opposition who have spoken did not mention those figures. It is always: “A slight tweak here, a little difference there, a small percentage change here and there”. The figures are astronomical. I suggest that those figures are utterly unacceptable. They undermine the principle of having constituencies of similar size and electors having an equal vote. I say to my noble friend the Minister: do not play the Opposition’s Monopoly game; do not pass Go and collect 15% and 20% ranges; stick with the range in the Bill.

[Lord Blunkett (Lab)]

My Lords, I think parliamentary language allows me to use the term, balderdash. In a stroke, the noble Lord, Lord Blencathra, dismisses the constituency link and the identity that people have in communities with one another, speaking to their Member of Parliament and expecting that Member to speak for them. That is why dividing communities, which so often happens with the narrow range, is not about the Member of Parliament and whether people hold them in contempt or could not give a damn about the boundaries, but about the community of interest that people have in their area and the expectation of a voice to speak for them.

All of us know that political parties put forward the best possible case to the Boundary Commissions to ensure they maximise their success in parliamentary elections and local elections. However, to dismiss the notion of a small additional variation in the way that the noble Lord just did is to be contemptuous of the electorate, citizenship and identity. If we want equality in the numerics, as the Minister said in response to Amendments 2 and 3, then let us have a national list system—the noble Lord has actually made a good case for it. Let us have total equality in a crude form of proportionality: the political parties put up their list, the electorate vote, and they get straight down the line the number of seats that the electorate have allocated themselves. None of us wants that, do we? Even the Liberal Democrats do not want a national list system, because they accept the importance of the community link and the identity that goes with it.

The way in which we have started to debate this gets off the point, which is that the Government have accepted that there are five exceptions. At a stroke, they have accepted that it is important to recognise difference, identity and geography. Those who had previously pressed for a larger variation have accepted that getting as close as possible to numeric values does matter—without employing a dreadful algorithm that could do the job for us, leaving us to pick up the mess afterwards. Therefore, 5% to 7.5% gives a greater ability to the Boundary Commission and those working for it to use common sense and ensure that people do not have a boat to get across the Mersey or, in the case of Iain Duncan Smith in the last proposal, to spend three hours going around a reservoir. It is about identifying what really matters, which is common sense, and the proposal of 7.5% in Amendment 13 does that.

I will say one word on Wales. I said in the Grand Committee that I was deeply impressed with the case that was made in relation to what the proposals would mean for Wales. It would matter in terms of the valley identity; it matters greatly. People made the case that, although they had travelled well out of Wales, many people had not actually travelled between the two adjoining valleys because of the nature of the geography. As I said in Grand Committee, my great-grandfather was born on the edge of Brecon and Radnorshire, and I was impressed, again, by the way the description of the travelling time and the size of that constituency affected the ability of the Member to do their job on behalf of constituents.

If we get back to constituents, identity, citizenship and the reason we have elections and the link represented by that crucial Member of Parliament with a voice for, speaking on behalf of and understanding their community, as well as the role of Parliament, we might just take a deep breath and say “When we start arguing on the head of a pin, that is when we turn off the electorate for good.”