Parliamentary Voting System and Constituencies Bill

Lord Campbell-Savours Excerpts

Wednesday 12th January 2011 Lords Chamber

[Lord Grocott]

Amendment 56A, in my name, covers much same ground as the two amendments that have been briefly discussed today, so I do not intend to speak to it when we reach it. My suggestion is that the Boundary Commission should be required to report by 2017. It is not a date that I have picked out of thin air; it was chosen in anticipation of the time that a Boundary Commission would normally take to complete its work. Lest the Committee should think that I am a Johnny-come-lately on these issues, I point out that I am an obsessive. When you have had the experience, as I have had, of representing a constituency with an electorate of around 90,000 when your majority is around 360, you look very closely at parliamentary boundaries.

As soon as I saw in 2009 that the Conservative Opposition, as they were then, were thinking of reducing the number of MPs, my mind flew to how the boundaries would be drawn. I asked the then Minister—a splendid Minister, the noble Lord, Lord Bach—in a Written Question how long it took to conduct a boundary review. He said in his Answer of 3 November 2009 that the previous boundary review for England had taken six years and eight months and that for Northern Ireland it had taken three years and five months. I know from my experience of various Boundary Commission changes—many other people in this Committee will have had the same experience—that consulting local people and discussing whether their community should be split, joined or divided is a lengthy process. The job has been very well done by Boundary Commissions in the past and the time taken has been reasonable.

Although I knew that the Conservative Party was likely to go ahead with its pledge when it came into government, I did not think that it would substantially short-circuit the period of time required for a proper boundary review. I have proposed 2017 because I anticipate that the Bill will become an Act this year, which will give the Boundary Commission six years to do its work. I do not think that is an unreasonable period.

Anyone who has been an MP knows that boundary redistributions are pretty uncomfortable and difficult processes, as are the consequences of Boundary Commission proposals, which often mean colleague fighting against colleague from the same party for nomination for a seat. If you believe in first past the post, as I strongly do, you obviously have to accept that constituencies should be broadly similar in size and that they should be reviewed, because populations and their distribution change. However, they should not be conducted with phenomenal regularity.

I think I am right in saying that the House of Commons has an unusually, if not unprecedentedly, large number of new MPs. When they have settled into the euphoria of becoming a new MP—and it is a pretty euphoric experience—they will discover that they had not bargained for the fact that within a few months someone will come along and change the boundaries of their constituencies, probably substantially. That will put them in conflict with neighbours and all the rest of it. What is more, that will happen every five years. I almost plead with the Government for their own sake that that is not a good idea. You will not make MPs of whatever party—this is not a Labour Party partisan plea—very happy if you put them in a continual state of uncertainty about the democratic base on which they stand.

[Lord Campbell-Savours]

It is not just the sense of insecurity; it is the fact that it will influence the quality of entrants into the House of Commons because people make a judgment when they seek to be candidates. It is an important issue for many MPs.

[Lord Grocott]

I can see my noble friend’s point, although I am not sure I agree. There will always be a lot of people who want to be a Member of either of these Houses—quite rightly because it is a wonderful privilege. There is no shortage of people who are keen to stand, for all the hazards of elections—and I know all about the hazards. I simply put it to the Government that it is not unreasonable to suggest that we should have a reasonable period of time—six years was my suggestion—before the next boundary review, not least because we have only just had the last one. The 2010 general election was fought for the first time on new boundaries. That was pretty unsettling, as it always is. The Government are wrong to propose another one so soon. If they want to change the mechanism of elections, obviously they can do that. They have a majority that will enable them to do that. If they want this Bill to become an Act, in whatever amended form, they will probably get away with that as well.

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[Lord Howarth of Newport]

It is a grossly insensitive and, politically, a remarkably stupid thing to contemplate. I add one further point. My recent observation of the working of the Boundary Commission was in Norfolk, on the question of whether there should be unitary status for Norwich within the county of Norfolk. The difficulty that we got into was, in part, because the Boundary Commission took so much longer than the timescale to which it had been tasked. It simply could not get the job done on the timescale that the previous Government wanted. It might be wise for this Government to study that instance and learn a lesson from it. If this process is pushed through with the kind of haste that is intended, all kinds of grievous consequences will follow. It is a waste of an opportunity for reform.

[Lord Campbell-Savours]

I do not want to labour the issue of timing, other than to say that I support vigorously the amendment moved by my noble friend. However, I implore Ministers to listen to the wise counsel of the noble Lord, Lord Wills. He probably knows more about electoral registration than any other Member of either House. He was a Minister throughout a period when it dominated his agenda. Ministers in this Government would do well to consider carefully his words on the whole issue of why the existing register is useless for the purposes that they intend to use it.

I want to ask Ministers questions based on the 14th report of the Select Committee on the Constitution from the 2003-04 Session, Parliament and the Legislative Process. Paragraph 15 of Chapter 3 refers to the arrangements for the handling of legislation. I raise this issue because it deals with the question of consultation. I am trying to secure from the Government some more information on the extent to which they consulted on the time that is set out in the Bill for dealing with the Boundary Commission review. Paragraph 15 says:

“There is an extensive gestation and drafting process before a bill is laid before Parliament … Proposals now are regularly put out for consultation and there is an established framework for that consultation”.

Paragraph 16 goes on to refer to a,

“Code of Practice issued by the Cabinet Office”,

which,

“stipulates that there should be a consultation period of twelve weeks”.

My questions are about that consultation period. When did it start? When did it end? Who was consulted? Where is the information that came back as a result of that consultation? That is highly pertinent to today’s debate. All I ask of Ministers is whether we can have that information. If that is the process that should have been undertaken, and recognising that there has been a short period between the election and today, some of us, including me, might wonder whether that code of practice was complied with. If it was not, let us have a full explanation of why not.

[Lord Rooker]

My Lords, I did not intend to speak on this but I will add a new example on the time element. We would not be having a debate about the time element were it not for the contents of the Bill from page 9 onwards in new Schedule 2, which deals with the rules for the redistribution of seats. I note that one of the factors that the Boundary Commission may take into account—I realise that it will be in May—is,

“local government boundaries as they exist on the most recent ordinary council-election day before the review”.

Timing and names are not unimportant given the ward building blocks in present constituencies. I represented part of the city of Birmingham when I was a Member of the other place. Birmingham had the largest building blocks in the country, with an average ward size of 19,000 electors. My figures are now out of date but were correct when I was a Member of the other place. If you then decide how many constituencies you are having and you get an odd number, and the policy is not to split wards, you end up with some Members having three wards with 60,000 people and others having four with 80,000 people. That is what happened in my case and that of colleagues. Noble Lords may say that that will not happen under the formula in the Bill and that wards will have to be split, but that is something that you avoid doing. Herein lies the problem.

One of the rules set by the Boundary Commission, which is buried somewhere among its procedures—we came unstuck on this on one occasion—stipulates that the constituency in a county borough, which Birmingham is, has to be named after one of the wards in the constituency. My former colleague Terry Davis was really upset about this because we lost the ward of Stechford and had to change the name of the constituency, which was virtually the same. If you have to split the wards because they do not make arithmetical sense in this situation, this problem may arise. Nobody wants more councillors in Birmingham; we are already at the limit with some 120 to 124 and the extra ones for Sutton Coldfield.

You cannot sort out this situation in two years. It is not just a matter of changing the boundaries; you are potentially rewriting local government boundaries in the big cities. I think that Leeds is the only other city with such large wards—there is an average of some 15,000 electors in a ward. You can see the difficulty that arises when you start moving these large building blocks around. The difficulty does not arise in London boroughs, where the wards are very small, at about a third of the size of those in Birmingham, and have better representation in terms of councillors.

This issue has to be addressed within the two-year period. It is a question not just of the building blocks but of names and the division of current local authority building blocks in our big cities. As I say, the problem will arise in Birmingham and Leeds. It applies to Manchester but to a lesser degree, as its wards are much smaller than those of Leeds and Birmingham for historical reasons. This factor means that more time will be needed to tackle this issue. As I have said before, I think that the boundaries should be equal, but the fact is that the rules in the Bill mean that the review cannot be done in two years without upsetting a lot of people through splitting wards and consequently redrawing local government boundaries while you are trying to tackle parliamentary boundaries. I do not think that you can do both together.

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[Lord Martin of Springburn]

My Lords, I support everything that the noble Lord, Lord Lipsey, said. My amendment talks about eight years. I address my remarks to the Minister. The purpose is to give new Members of Parliament a chance to get at least two years serving in the House. If I look around, at least 20 noble Lords have served in the other place. I think they will all readily acknowledge that you do not learn your craft as a Member of Parliament within one term; far from it. I am stating the obvious that, apart from London Members of Parliament who have other pressures and difficulties, every Monday every Member of Parliament has to be on the road leaving their wife or husband and family to travel down here to London. In some cases that is a considerable distance, through all sorts of weather. When they come to the House they work with enthusiasm for what they do.

I was always impressed by Members of Parliament who raised such things as Adjournment debates about the problems of other countries, such as famine or the loss of civil liberties and civil rights. They got no votes for that. They did not do that for selfish reasons; they did it because they wanted a better world. It will be a very sad day if, as soon as a Member of Parliament arrives at Westminster, they worry about whether they will hold that office after the next election. I do not think that there will be any difficulty finding Members of Parliament to serve for the five years about which the Minister is talking.

In all the time that I have been in Parliament, everyone has always said that they want a good cross-section of the community, which is a good thing. I remember the Falklands debate in which former soldiers from every side of the House talked about the adrenaline when on a troop ship. They had come from another life, and the whole House, including young Members who had never been in the forces, were able to enjoy that.

I was on the Floor of the House when two former miners from the north-east of England described what it was like to be in a coalmine when the dust was flying and there were all sorts of dangers. They held that House in the palms of their hands and every Member listened. During a debate on hanging, I listened to Conservative Members who had represented people who were being defended against the chance of being sentenced to capital punishment. My point is that there were people from every walk of life.

I would not like to say that we do not want young people who leave university, work for an MP and then become a Member of Parliament. There is a place for them, but if the House becomes completely full of young researchers who had worked for MPs and then got a parliamentary seat, that would not be the representative body that we need in our Parliament. It would be far from that.

At the other end of the ladder, the ladies in this House have rightly argued that we need more women in Parliament. There was talk about all-women shortlists in order to get more ladies into Parliament, which is right, but will we get a lady who is typical of someone in my constituency, such as a home help with two children? She would have to say to her husband, “Well, I have got a chance of going into Parliament”. Her husband might say, “But you could get promotion in the health service. You will only get one term out of this”.

I know that someone might say, “The electorate can take you out”, but every Member of Parliament takes that chance. I used to cringe when people said to me, “You’ve got a safe Labour seat”. I did not have a safe Labour seat. You fight for every vote and you support the people in your community. In a marginal seat—I have seen this happen—where a Member of Parliament comes in with a majority or 23 or 24, they can build up the support and are willing to do that, but the boundary commissioner coming around with a pencil and cutting up the map is perhaps something that they would not want. We have people who were successful in business and are now retired and well off. We will also have young people. I do not think they should be barred, but if that was all of them we would not have people from every walk of life in our Parliament. Here in your Lordships’ House we make every endeavour to get people from every walk of life. We have judges, QCs and engineers like me who are able to talk about the engineering industry. We will lose that.

What kind of strain are we going to put on Members of Parliament when, as family men and women, their children say, “We want to go to the pictures. We want to have a day out”? The husband or the wife comes up the road on a Thursday only to get a phone call saying that there is a difficulty over employment, or in the local hospital or local authority. The day out for the children is spoilt. I know that from my own experience. I was raised as the son of a merchant seaman. My father was never in the house because he had to earn a living. I was determined that, whatever time I had in Glasgow, my children would be with me. That meant taking them to all sorts of rallies, ward meetings and trade union meetings. The poor wee souls were bored out of their skulls, but there was a promise that afterwards there would be a trip to the pictures, a museum, or something more enjoyable.

My case for this amendment is that it is not about delay or any other argument. We go into schools through the efforts of the Lord Speaker. I do not think that there is a noble Lord or a Member of Parliament who would refuse a visit to a school or college or would say that politics is not a good and rewarding thing to be in. Not one of them would do that. It is my understanding that this House has a scheme through which we encourage young people to get involved in Parliament. How can that encouragement tie in with putting forward a case that you are going to get only one term?

A lot has been said about the Executive and Ministers. I know the difficulties with Ministers because they want to talk. That is why I enjoy being in the House of Lords: because I did not get to speak for 10 years. Ministers want to talk all the time, but each and every one of them is doing an important job, and the law officers look after a department. How will it be if, within five years, there is a chance that their boundary will change? Sometimes unworthy things can come to the fore with boundary changes. Sometimes Back-Bench parliamentary colleagues might say, “Well, John can’t turn up because he is a Minister, you see, but I am free to come to your meeting”. “Don’t vote for John when we have the boundary change”, does not have to be said because the strong hint will have been put.

From a party political point of view, I used to be in the Labour Party and now I am on the Cross Benches. I enjoy this neutrality, but I also enjoy the workings of every political party because I have sat in the Tea Room with colleagues sometimes until one or two in the morning. I know especially the workings of the Labour Party. The minute boundary changes are on the horizon, I can hear the phrases yet: “You had better start getting the delegates in. You had better go to your trade union. You had better go to your Co-op and your affiliated societies and get them in”. It is not good for democracy if you are doing that every five years. I will tell you what will happen. I used to read stories about the ward bosses in Boston, and we will get ward bosses in our cities, and, indeed, in our spread out rural areas, who can deliver the votes. That, to me, is not what parliamentary democracy is about.

I say only this to the Ministers, and I do it with the best of intentions; we want good people from every background and every possible age group, so give them a chance of serving for at least two terms as parliamentarians.

[Lord Campbell-Savours]

My noble friend Lord Martin of Springburn has just made a very important contribution to this debate, because he knows what will happen in the real world in the event of the Government going forward with the five-year principle. My noble friend spelled out all the experiences that I know many Members of the other place, on all sides of the House, had during their political lifetimes, whereby, when they were confronted by Boundary Commission inquiries, all kinds of abnormal things would happen in their constituencies—often things that they did not even comprehend.

I have asked the Minister a series of questions. Would he care, in winding up the debate on this amendment, to answer them or undertake to let me have replies before next Monday? I understand that he might not have the information with him now, but I would like to know about the Cabinet Office’s code of practice on consultation.

On the security of tenure, I apologise to my noble friend Lord Grocott for having to disagree with him on the basis of his response to my earlier intervention. I believe that individuals often consider their likely period of tenure in the House of Commons prior to being elected. They have it in mind for all sorts of reasons. I cannot count the number of times over recent years when I have asked people, “Would you go into Parliament?”. I have asked people whom I thought were worthy and who would make good MPs. They would say to me, “I will never touch it. I wouldn’t go near the place”. That is invariably because they are wary of the insecurity that arises, particularly now, after the expenses inquiry. Every time an IPSA story appears in the national press, whereby it is being criticised for its lack of sensitivity in its treatment of MPs, and when MPs are being attacked almost daily both in regional and national newspapers and their integrity is often undermined by journalists, perfectly honourable people are put off the political process. It is that, along with the prospect of a brief tenure in Parliament, which I believe influences the judgments that people make.

I also know of former MPs, not only in here but outside, who have lost their jobs. When they have left Parliament, they have found that no work is available outside because they have the lost the skills or knowledge that would be required for them to practise their trade, skill or professional work. People also have that in mind when they consider whether to enter. It is a question not only of what they think as individuals but also of what their families think. Many people have been stopped from going into Parliament on the basis of a spouse or family view as to whether the family can take the financial or the employment risk. That is the case even under present arrangements, whereby there is at least an acceptable term between boundary reviews and changes. Under the Government’s proposals, it will be far worse. The Government are bringing into that calculation all those considerations of insecurity, which will turn families off and whereby they are more than likely to say to an aspiring MP in the family, “Please don’t do it. We just can’t afford the risk”.

That is basically my case. I argue that what is being proposed is wrong, that the period is too short and that the insecurity that it will breed should not be entertained. My final view is that it will influence the quality of people who are attracted to going into the House of Commons. My noble friend says, “Well, there will always be people who want to go into Parliament”. There are always people who want to go on to councils, but the quality of some local authority representation in the United Kingdom is absolutely appalling.

To be frank, there were people in the other place when I was there who I would have had difficulty voting for myself—we know who we are talking about. Some of them, frankly, were not fit to be in the House of Commons, but they got there. If the Government want to create a House of Commons to which more and more people seek nomination who are not of sufficient calibre to enter the place and do a good job, they are making a very grave error.

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[Lord Maclennan of Rogart]

I accept that some changes will flow from that. In another place, I went through nine different elections and each time the Boundary Commission reported there were some marginal changes. It is marginal changes that are likely to take effect. These were, in the cases I recall that affected me, changes to enlarge the electorate because I had both the second largest constituency in geography and the second smallest in numbers of electors to begin with. Naturally enough, there was an attempt to increase them.

The thought that the Boundary Commission would be likely to upset the prospects for a sitting Member seems nothing compared to the probability that if we had a fairer electoral system, it would more adequately represent the electors by ensuring that their votes and the numbers of their votes were reflected—

[Lord Campbell-Savours]

The noble Lord cites his own constituency, which I know as well. It had a nuclear plant in Dounreay. Would the noble Lord agree that it is not a representative constituency? It is surrounded by a vast rural area. However much the boundaries of Caithness and Sutherland were changed, it would have had little effect on the result. Most of the votes that the noble Lord gleaned in that constituency were the result of his own efforts.

[Lord Maclennan of Rogart]

Flattery will undoubtedly get the noble Lord far down the track with his arguments. The actuality is that my constituency and those constituencies that lay to the south of me changed with great regularity. There were Conservatives, Liberal Democrats and Labour Members and the shape of the constituency as determined by the Boundary Commission was not an element that caused great uncertainty.

Having gone through nine elections where in no case was the outcome certain, I think that there has been a sympathetic exaggeration of the concerns of potential Members of Parliament about stability and certainty. If you go into politics, you cannot make a presumption that you will be there for all time. Events, dear boy, change things.

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[Lord Wallace of Tankerness]

It was still the loss of the House of Commons. On the question of six years, five years would, if we are moving to fixed-term Parliaments, allow for regular periodic review. To take up the point made by the noble Lord, Lord Howarth, while the convenience of political parties should not, by any stretch of the imagination, be our overriding concern, political parties do oil the wheels of democracy. What we propose will allow a period of some 18 months, recurring over the fixed term of five years, for local parties to adjust. The Government’s approach has been a simple one: to ensure that constituency boundaries are as up to date as possible.

To respond to the point made by the noble Lord, Lord Campbell-Savours, the Cabinet Office has guidelines on undertaking any kind of consultation, be it legislative or otherwise. They recommend 12 weeks, but that is guidance; it is not binding. It is well known that the provisions of the Bill are set out in the coalition agreement. Any incoming Government, by the very nature of being an incoming Government, are bound to bring forward legislation in their early days that they have not had the opportunity to consult on beforehand. The Government have made it clear that this legislation should make progress, which is why it was introduced early in the Session. The timetable has meant that that did not allow for pre-legislative scrutiny. However, in the previous Parliament the then Government added whole new parts to the CRAG Bill, including AV referendum clauses, without any prior public consultation. The noble Lord, Lord Campbell-Savours, may have complained about that, too; he has a certain consistency. This was indicated in the partnership agreement. It is also fair to point out that before today, the House—at Second Reading and in Committee—had debated and scrutinised the Bill for some forty-seven and a half hours. We cannot be far short of forty-nine and a half hours now. I am sure that there are many more hours of scrutiny to come.

[Lord Campbell-Savours]

Is the Minister saying that, in introducing this highly important constitutional Bill, the Government breached the Cabinet Office code of practice?

[Lord Wallace of Tankerness]

These guidelines are not binding. I am indicating that any Government who come into office immediately after a general election with flagship legislation will, almost by definition, not have had the pre-legislative scrutiny that would otherwise attend legislation. I do not think that it is unreasonable for a Government taking office to pursue their flagship legislation. Why do we propose reviews every five years?

[Lord Campbell-Savours]

My Lords—

[Lord Wallace of Tankerness]

I do not think that there is much more that I can add to that. The noble Lord can ask another question but I am not sure that I can add much more to what I have said.

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[Lord Campbell-Savours]

If that is the case, why did the Explanatory Memorandum to the Bill not state the reason why there would not be prior scrutiny of the Bill? The rules stipulate that a reason is to be given for not subjecting a Bill to prior scrutiny.

[Lord Wallace of Tankerness]

It was quite proper that, having indicated a coalition commitment to introducing this legislation and having laid down certain times, the Government should make speedy progress to introduce the Bill. I also believe that it has had more than 40 hours’ consideration in the other place. It has now had approximately forty-nine and a half hours’ consideration in this place with, no doubt, many more hours to come.

The reason why the Government propose reviews every five years is that at present—I think that this has been acknowledged—a review takes place every eight to 12 years. We believe that that leads to boundaries becoming out of date and infrequently refreshed. For example, the movement of electors means that boundaries can get out of date quickly. In 2006, some 59 constituencies were more than 10 per cent larger or smaller than the quota used for the previous review. Three years later, by 2009, the number of constituencies outside that 10 per cent range had almost doubled simply due to the movement of electors. These variations in size make votes unequal. The figures demonstrate how long periods between boundary reviews can exacerbate that imbalance and unfairness.

The noble Lord, Lord Martin of Springburn, graphically illustrated the life and commitment of Members of Parliament and his comments were echoed by many other noble Lords who have been Members of the other place. However, it is fair to say, as my noble friend Lord Maclennan of Rogart indicated, that the underlying purpose of this Bill is primarily to serve the electors, not the elected. By a similar token, I say to the noble Lord, Lord Rooker, that there was no consultation with local government on the use that it made of current parliamentary boundaries. However, I do not think that it is beyond the wit of local authorities to find other boundaries within which to deliver administrative services. The important point is that we look to ensure that the Bill is in the interests of electors and represents one vote, one value.

I listened carefully to what the noble Lord, Lord Gilbert, said. His comments on the utility of boundary reviews displayed a refreshing candour. However, I could not agree with his comment about pulling up the roots every five years. The rules that the Bill sets down for the Boundary Commission state at paragraph 5(1)(d) of Schedule 2 on page 10:

“A Boundary Commission may take into account, if and to such extent as they think fit … the inconvenience attendant on such changes”.

That is disapplied for the first review, which is to take place and report by October 2013, because by its very nature—I think that this has been recognised—when one loses 50 seats the upheaval is bound to be greater. But thereafter the Boundary Commission is able to take into account,

“to such extent as they think fit … the inconvenience attendant on such changes”.

My noble friend made a pertinent point when he indicated that the more frequent and regular the review, the less likely it is that there will be any huge change in constituency size. The figures that I cited show that the longer the interval between reviews, the more the figures diverge, which inevitably leads to greater upheaval when the review actually takes place. Indeed, in evidence to the Committee on Standards in Public Life, Professors Butler and McLean indicated back in 2006 that it was possible to have more frequent reviews without significantly impairing their equity.