Parliamentary Voting System and Constituencies Bill Debate
Full Debate: Read Full DebateLord Campbell-Savours
Main Page: Lord Campbell-Savours (Labour - Life peer)Department Debates - View all Lord Campbell-Savours's debates with the Wales Office
(13 years, 10 months ago)
Lords ChamberI am saying very carefully that I think that there are good arguments for looking at the degree of variation that there might be between the electorates of different constituencies. When, some months ago and before the general election, a proposal was on the table to recreate constituency boundaries with only a 2.5 per cent margin between electorates, I thought that that was far too narrow and tight. The Bill currently proposes a 5 per cent variation. I am simply saying at this stage that I think there are legitimate arguments for discussing the variation that we might have, and that those are stronger arguments to have than to say that we should have hard and fast rules about never crossing county boundaries, district council boundaries or ward boundaries.
I speak, of course, as a former party agent and party organiser. From my point of view, it was much more convenient if all the wards were within a constituency; that makes it easier for the parties. I believe that, by and large, that should be the case. Indeed, amendments that we will consider later in my name and that of my noble friend Lord Tyler flag up specifically to the boundary commissions the importance of ward boundaries, but we do not suggest that they should never be crossed. The reason that I think that they can never be crossed is that there is still the overarching principle in the Bill of more equal sized electorates. By and large, it is possible to achieve more equal sized electorates without crossing ward boundaries. Where they are crossed, that should be very rare. I hope that we do not cross county boundaries, district boundaries or London boroughs more than is really necessary.
The noble Lord is emphasising the need to take greater notice of the 5 per cent or 10 per cent argument than of the issue of crossing boundaries. In the light of the debate that took place in Westminster Hall, called and supported by Liberal Democrat Members, a debate on parliamentary representation called by Andrew George which the noble Lord will know of, it is clear that lots of Liberal Democrat MPs want flexibility towards the 10 per cent figure. Could the noble Lord go a little further and express support for that principle here in the Chamber now? That would help the debate on immeasurably.
The only principle I will express in this part of the debate is my overarching belief, shared by many noble Lords opposite, that constituencies should have roughly the same sized electorates, but in addressing the different balance of the arguments, there is in my view more merit in the case for saying that we should look at flexibility in the size of the electorates than for saying that we should try to treat each constituency, county or district as a special case. For example, I notice that an amendment has been tabled by a noble Lord opposite that Cumbria should be a special case. There is virtually no limit to the number of special cases that you could try to establish. My view in opposing the amendment is simply that there is more merit in the flexibility of the electorate argument than there is in saying that you should never cross the ward, the district or the county boundaries. Counties vary enormously in size, and the electorates can rise or fall rapidly, so it is not proper to say that you could never cross the county boundary, but I hope that it will not happen too often.
I wish to conclude my argument and will not take further interventions. I think that we should make more progress on the Bill, and I will conclude my argument rapidly by saying that in relation to wards it is of course of general convenience for elected representatives and constituents if ward boundaries are not crossed, but we now have ward boundaries in parts of the country—Birmingham, for example—that are very large. There are more than 20,000 electors in a typical Birmingham ward. In Scotland, where we now have an STV system for local elections—thanks to the Scottish Parliament and supported by three of the four main parties in Scotland—we have larger wards than previously.
In my view, it would not be possible to have a roughly arithmetic equalisation procedure and never cross ward boundaries. In some cases—I will conclude on this point—there may be a dilemma for the Boundary Commission. For example, it may want to consider, “Do we want to keep Birmingham whole and not cross the Birmingham city boundary, or do we cross some of the ward boundaries?”. My personal preference might be to say that it would be better for representation and good governance to keep Birmingham whole and cross the ward boundaries. For those reasons, I do not support the amendments.
I shall follow directly on from what the noble Lord, Lord Rennard, said, and I shall be extremely brief, so my noble friend will not be kept waiting long. In one way, I shall go further than the noble Lord did and say that many of the principles incorporated in the amendments are already present in the Bill in the rules under Clause 11. For example, it states, more explicitly than the present rules, that
“local government boundaries as they exist”,
on the most recent council elections, should be a special factor that the Boundary Commission can take into account. It states that a special factor that the Boundary Commission can take into account is local ties. County boundaries, as we know, most famously in the case of Cornwall, are exactly the sort of local tie that it can take explicit regard of. So those principles are in the Bill. The trouble is that they do not amount to a row of beans because of the 5 per cent limit. That is the problem. Otherwise we would not face this difficulty.
Perhaps I may take my noble friend back to the very interesting and constructive contribution of the noble Lord, Lord Rennard. I am being very serious when I say that because what he suggested might, in some ways, influence any negotiations that take place. He placed greater emphasis on the numerical calculation than on the area of the amendment with which we are dealing. I ask my noble friend to press the noble Lord, Lord Rennard, perhaps to intervene more, not only on the Floor of the House but with his colleagues, because that is the way forward on the Bill.
I have probably known the noble Lord, Lord Rennard, even longer than I have known my noble friend Lord Campbell-Savours, and no one has ever accused him of being as ineffective behind the scenes as he is effective on the public stage. I rose immediately after he spoke in order to agree with him and to show that here we are finding common ground, which is desirable for the conduct of the negotiations that are now to take place and will help the Committee out of the current impasse, so accurately described earlier in our proceedings by the Leader of the House.
I fully accept that, and that was made clear in one of my previous speeches: that the local authority might be reluctant, if some issue comes up that transcends the boundaries, to get their MPs up to speed and briefed to lobby and kick in doors in Whitehall to put their case. At the same time they are thinking, “Hang on, that MP represents part of the area that we are a bit negative about, and complaining about”. So there could be an issue here—whether it is a new air field or another infrastructure issue—that crosses boundaries; I fully accept that. On the other hand, I accept there should not be a massive disparity between sizes of constituencies. The point is that there is no easy answer to this. This Bill provides an easy answer because of its rigidity, but because of that it is unfair.
The issue of the 10 per cent is important, but the other point is that, if the Bill is allowed to go through without any sort of compromise, the only discussion of these issues is actually here. Those discussions will not be held in public inquiries because the citizens of this country are being denied the right to go to a public inquiry to make the points, some of which I have alluded to and some which others have. That is the problem; if only there could at least be that safety valve so that some of these issues could be vented at a constrained public inquiry. I am not in favour of sending people from London around the country because that becomes open-ended. There could be a public inquiry on any constituency changes in a maximum of 15 working days—three weeks; I guarantee that that could be done. You put the constraints in place, limit the political parties so it cannot be abused, bring in genuine citizens and other bodies, including business and the church, and you could do it, but you have to have that safety valve, otherwise the pent-up difficulties that will arise at the next election will be on the heads of the Liberal Democrats.
I do not live in Birmingham; I live in a shire area and I am not proposing that we cross the Shropshire border boundaries because I would be in a spot of bother there. I have found it remarkable that, in the past six months, watching stuff go through my door in Ludlow from the Lib Dems, I have yet to see a single leaflet that hints that they are in coalition with the Tories in central government. It is disingenuous and unbelievable. As it hots up towards the election and the boundary issue comes up, these things will come back. I would rather that that did not happen, by the way. I would rather we get this right. I do not seek any advantage in this; I think there is a good case, as the Leader said this afternoon. I heard the word “concession”, and I make no bones about that; there are concessions to be made. Let us get it out into the open so that we know where we are—the sooner the better, because I want progress on this. I repeat, having proposed the amendment that would in effect have given flexibility on the date for the referendum, that there is no problem with the referendum being held on 5 May. My amendment would not have stopped that; all it would have done was give the Government a backstop if things went wrong. Little did I know when I said that back in late November or early December that we would still be in Committee at the end of January.
We do need to make progress, and we need that safety valve so that the only debate on constituency changes, splitting wards and crossing boundaries is not held in the unelected part of our Parliament. That is barmy when you think about it. All we are asking is that the people get the opportunity, when the changes are proposed for their area, at least to come forward and say, “I agree”, “I disagree”, “We have been trying to do this for years”, or “Thank heaven we are getting some changes”—at least to have the chance to say so themselves and for it not just to be left here.
I intervene only following the intervention of the noble Lord, Lord Rennard. I am interested in the common ground to which the noble Lord, Lord Williamson of Horton, the noble Baronesses, Lady Williams of Crosby and Lady D’Souza, and the noble and learned Lord, Lord Mackay of Clashfern, referred last week. They all sought that middle ground that we expect to arise out of the negotiations that will inevitably have to be held. Much of our debate on these amendments could be avoided if the Government were to concede on the principle of the 5 per cent—if they were to accept the 10 per cent for which my noble friend asked or some flexibility above 5 per cent whereby some areas would apply a 5 per cent arrangement as against others that would apply a 10 per cent arrangement. Only by that kind of flexibility do we move away from the arguments that are being deployed during this debate. It is a straitjacket. My noble friend Lord Grocott referred to rough justice. It is rough justice that arises only out of a straitjacket that the Government have sought to introduce.
I would like to know—some work must have been done in government—how many county boundaries would be breached with a 5 per cent flexibility as against a 10 per cent one. If that margin is substantial, surely that is an argument in favour of a 10 per cent flexibility. That question applies to how many London and metropolitan district council boundaries are to be breached. The difference between a 5 per cent straitjacket and a 10 per cent one applies equally to the question of whether wards would be split within individual constituencies. Surely Ministers must be beginning to accept this following the intervention from the noble Baroness, Lady Williams, today. She was absolutely blunt and said basically that we should move from the 5 per cent. Let us hope that in his winding-up speech to this debate, the Minister will signal to us that the Government are prepared to look at that particular issue, because I am sure it would help to move this Bill along.
My Lords, we have had an interesting debate on interesting subjects, and we look forward to hearing the Minister respond. The principle behind this group of amendments matches that which motivates the next amendment, Amendment 71A, in my name and that of my noble and learned friend Lord Falconer. The stringency of the Government’s proposals as we see it—the inflexibility of the rules set out in the Bill, the strict adherence to a tight mathematical formula and the lack of discretion given to the boundary commissioners in carrying out their work—will have damaging effects on our system.
The Constitution Committee of your Lordships’ House reported on the proposed equalisation of constituencies in this Bill, and wrote:
“Applying the new rules as to equalisation will necessitate the creation of constituencies crossing regional and county boundaries; in addition, many more constituencies than at present will cross local authority boundaries. This has significant administrative and political consequences, in terms of such matters as electoral administration and party political organisation. The pace of change is unlikely to lessen such administrative and political challenges and, indeed, seems likely to make them more difficult to manage”.
It went on:
“The Political and Constitutional Reform Committee heard evidence from Democratic Audit that the new rules as to equalisation were being imposed ‘without any attempt to form a consensus’ and without the Government having first investigated what people actually want from representation. There did not appear to be any evidence that the electorate considers equalisation to be significantly more important than, say, geographical, customary or traditional boundaries”.
The committee concluded:
“Pre-legislative scrutiny and public consultation would have enabled a better assessment of whether the new rules as to equalisation are overly rigid”.
It has come to be expected that those of your Lordships’ colleagues who sit on that committee—and I remind this Committee that they come from all parts of the House—are always entirely wise and sensible in their assessment. We certainly think so.
My Lords, I have in the course of my contributions over recent weeks tried to bring some fairly original material to our debates to help them along. I have often drawn on statistical evidence from various organisations. However, today I do not want to do that. I want to refer to a debate that took place—probably unknown to Members of this House—in the House of Commons on 11 January in Westminster Hall. I should perhaps start by explaining the relevance of Westminster Hall. It is a secondary Chamber in the House of Commons where the debates are of great importance and great interest, but where, for whatever reason, business managers in the House of Commons organise debates which very often attract fewer people. There was a particularly interesting debate that took place there on parliamentary representation. It was called by Mr Andrew George who is the Liberal Democrat Member for St Ives. The relevance of this debate was that it was the first time that many Members of the Liberal Democrat Benches in the House of Commons had had the opportunity to speak on Clause 11 of the Bill. Because of the arrangements in the House of Commons and the use of the guillotine and the truncating of debate, there were many issues which the Liberal Democrat Member of Parliament had been unable to raise. Indeed, he says at the beginning of his contribution:
“I am delighted to have secured the debate, which will explore many of the issues that we did not have an opportunity to explore during the passage of the Parliamentary Voting System and Constituencies Bill … We failed to get to grips properly with the issues that needed to be debated to improve the Bill before it transferred to another place”. — [Official Report, Commons, 11/1/11; col. 25WH]
Then, in an aside—I have to be straight about this—he blamed Labour Members in reference to the delay in debate. Obviously, there were areas of the Bill that we regarded as particularly important which the Liberal Democrats did not regard as important. I want to quote some of the things he and his colleague said, because they have not been considered by Ministers. The comments that were made in Westminster Hall had not been considered by Ministers when the Bill was taken through its Committee and Report stages in the House of Commons. Andrew George says:
“The Bill proposes that all constituencies have an electoral quota of approximately 76,000 with a margin of only 5% either way. It would carve up the country in a manner that would create bizarre constituencies and ignore important cultural, historic and geographic boundaries”.
We have not heard those words mentioned by any Member of the Liberal Democrats here in the House of Lords. He goes on to say:
“We do not want antiseptic constituencies with perpetually mobile boundaries. The five-yearly boundary review that would happen between each Parliament would mean an MP’s attachment to their constituency being perpetually reviewed, so the sense of settlement with the communities they represent would be continually undermined”.
That has not been said by a Liberal Democrat Member in the House of Lords; it was not said in the House of Commons by a Liberal Democrat Member because they did not have the opportunity to say it. It was said in the junior chamber in the House of Commons, in Westminster Hall.
He then goes on to say:
“The amendments to the Bill which I and other hon. Members tabled were unsuccessful, in that they were not selected or therefore debated”.
There are procedural differences in the House of Commons. Whereas here we can debate technically all our amendments, in the House of Commons they have to be selected by Mr Speaker. If they are not selected, they are not debated. Even if they are selected they are not always debated because of the guillotine and timetable. He goes on about his amendments:
“They sought to find circumstances in which the Boundary Commission was given sufficient discretion to work towards the target figure, taking into account reasonable geographic, cultural and electoral issues. We want the Government to allow places to make decisions for themselves collectively, provided that they do not request more favourable treatment, such as over-representation”,
which we accept.
“I hope the Minister takes note of that. It is not about more favourable treatment but simply recognising the distinctiveness of places, which the Bill does not take into account”. [Official Report, Commons, 11/1/11; col. 26WH]
Why has no Liberal Democrat Member of the House of Lords got up to their feet and repeated a statement of that nature to this House? Never once in our debate—someone said that we have now been debating for 90 hours—has that point been made by a Liberal Democrat Member of the House of Lords. I can tell you what the answer is. There is a contractual agreement within this Chamber between two elements of a coalition; that agreement is silencing debate. It is completely undermining the very ethos of this Chamber in the House of Lords.
A Conservative Member—obviously a very courageous one—a Mr Martin Vickers of Cleethorpes, said in the same debate:
“Continually changing boundaries will impact on the vitality and sustainability of local political parties. The democratic process needs viable local parties and associations, but constant boundary changes inevitably impact on their viability. Taking one ward out of a constituency can render the local party virtually bankrupt if the ward’s financial make-up means that it contributes greatly to the party. We need to think seriously about that”.— [Official Report, Commons, 11/1/11; col. 26WH]
And so we do. Why are not Conservative Members of this House getting up and arguing the case that is being put in Westminster Hall in the House of Commons? And then, later in the debate, Mr Andrew George says that,
“the boundary of my constituency changed at the 2010 election and those constituents who used to live in my old constituency still contact me. Given the arrangements in the Bill, that sort of thing would happen at every election, so there would be confusion”. —[Official Report, Commons, 11/1/11; col. 38WH]
And how right he is.
Let us take a town on the margin of a county, on the margin indeed of a constituency, that switches from one election to another between Members of Parliament, where the electorate do not actually know who their MP is, because of this constant change and movement as the Boundary Commission somehow has to find a way of ensuring that constituency boundaries fall within this 5 per cent limit which we would wish to extend to 10 per cent.
Take a county like Cumbria, and let us take the town of Kendal. Kendal was not in my former constituency but it was very near the county boundary; a beautiful town on the fringes of the Lake District. Indeed, the people of Kendal would say that they were part of the Lake District. There is a possibility that within the terms of this Bill that town might be split.
I know that Members of Parliament with large city seats very often find that their cities are split. It will work in a large city. It will work in a large community, but it will not work in a small community. It will create divisions within that area—divisions inside parties, between officials inside parties, between treasurers, secretaries, chairmen—all kinds of unseen divisions that boundary commissioners when they are taking their decisions about the future of constituency boundaries would never at any stage be aware of. Those are the kinds of issues that might well surface during the course of an oral inquiry. But the Bill goes on to take away the opportunity for such a forum to examine the minor detail of what would happen in the small community, a town like Kendal, in the event that it were split in the way that the Bill might provide for in the end.
I have a lot more to say on these matters, but I shall save my words for later in the evening—indeed, the night.
My Lords, I would like to give some practical examples of what my noble friends have been describing here. I know that some folk do not like practical examples, but this is what this House is for; to listen to each other and to learn from each other. I am still on a learning process.
The point about wards being the building blocks is illustrated in the former constituency I represented. It illustrates the folly of tinkering with political systems because a party is part of a coalition. That is what happened to the Labour Party in 2004 in Scotland and the Scottish Parliament elections where the Liberals put as a price for joining a coalition the introduction of proportional representation to local government.
I can advise any coalition party involved with the Liberals that in the long run they will tinker and tamper with PR to your detriment and downfall. What happened at the local elections was a disaster, but we have already discussed that and I do not want to be accused of or be guilty of repetition. A multi-member ward system was introduced.
I thank my noble friend for giving way. I was just looking at my notes because we had an earlier intervention on Maldon. The noble Lord, Lord Newton of Braintree, referred to Maldon. He is talking to the noble Lord, Lord Higgins, at the moment but he might wish to take note of this. Maldon has a very interesting history. It was referred to by Lewis Baston in his brief, which my noble friend will have received. However, the noble Lord, Lord Newton of Braintree, did not tell us that the boundaries were changed in 1955 to 1974, in 1974 to 1983, in 1983 to 1997, in 1997 to 2010 and in 2010 to 2015. The evidence from Maldon is that the people of Maldon are confused about what constituency they belong in because of all the changes over the past 40 years to the boundaries of the constituency in which they have been placed. It is rather strange that the noble Lord, Lord Newton, failed to refer to that when he commented on his own constituency.
I am sure that the noble Lord, Lord Newton, has heard and taken note of those remarks. I say to my noble friend with the greatest friendliness that I do not intend to try to turn myself into an expert on the electoral history of Maldon. I come back to the point that I was making, which is that I think the public in general rightly expect us in a Committee on a Bill of this kind to do two things. One is to explore to the full the details in the Bill to open up every possible angle of vision to ensure that we look through the consequences. It is very important in any Committee on any Bill to try to identify the possible unintended consequence or consequences of it.
On the whole, this House has done a job in that regard of which we can be proud. What disgraceful negligence it would have been on the part of this House if we had not discussed Wales at all, which my noble friend Lord Touhig has just mentioned, given that the other House has apparently failed to do so. Anyone who has read that wonderful classic of Welsh literature, How Green Was My Valley, knows that the mountains create a real cultural and social barrier between the different Welsh valleys. There has been no opportunity to explore Wales, or Manchester for that matter. I have heard more about the electoral districts and history of Scotland than I have ever done in my life. Of course, I am very tempted to talk about the beautiful town of Stamford and say what a tragedy and monstrosity it would be if it were divided up and part of it were taken away and put into Leicestershire or somewhere else, but I will not go down that route despite the blandishments of my noble friend Lord Graham, a man whom the whole House holds in the very greatest regard. I simply say that we are doing that part of our job properly, well and thoroughly, and it is quite right that we are doing so.
The second task which the public as a whole would expect of us is to make some progress, or at least to attempt to make some progress, towards consensus, because the public always think that we should try to get consensus on constitutional matters. The public are right about that, and I think that most of us, in our heart of hearts, all feel that we should try to get consensus. There has not been much of an effort to get consensus for a long time, but such an effort has been made this afternoon, and that is very important. The Bill does not deal with wards at all, but the Minister has said that he will take that on board and come back to the Committee with something on wards. That is a very positive statement. I take it in good faith, as we all do, and I do not think that we need say anything more about wards this afternoon, and I shall not do so.
Views have been expressed on both sides of the House, including by the noble Lords, Lord Rennard and Lord Newton, that counties are important. We can all argue about how important they are in particular contexts, but it is clear that they are important. Paragraph 5 to Schedule 2 says simply that the Boundary Commission “may” take account of counties. However, that is just permissive; it implies that you can do so if you really want to. It does not accommodate the counties. We debated earlier the preceding group of amendments, some of which would have forced the Boundary Commission to take account of counties. My noble and learned friend proposes a very reasonable middle road in Amendment 71A: namely, that the Boundary Commission “should, where practicable” do so. In other words, there is flexibility but no insistence. If the Boundary Commission feels that other more important considerations ought to override the sanctity of county boundaries, so be it. That is real progress and a sensible way forward. I hope that it may be the basis of consensus on this important matter of counties.
I think that there is also consensus on a third and very important point, which was made by the noble Lord, Lord Rennard, from the coalition Benches: namely, that you cannot achieve these things and give the Boundary Commission any flexibility in practice unless we look again at the 5 per cent limitation. Otherwise, anything that we tell the Boundary Commission will be completely negated by the 5 per cent rule. What you cannot and must not do—I do not think that any of us would want to do this—is to give the Boundary Commission a contradictory brief and put it in a situation whereby it cannot solve the problem that it is being set. That would be quite wrong. If there is to be flexibility to enable the Boundary Commission to take account of county boundaries or other local factors which it considers to be important, it is clearly necessary to look again at the 5 per cent rule. I think that consensus has emerged in the course of our proceedings on that very important matter.
Fourthly, and finally, I sense there is a growing feeling that something needs to be done about my next point, not necessarily by continuing with the present status quo but not necessarily, either, by having what is in the Bill, which is nothing at all. We need to ensure that we do not just say, “Leave this matter in this House and never again is there to be any open discussion of the principles of our electoral boundaries”. That would be a very unnatural situation. Therefore, we need to preserve something like the public inquiry system. My noble friend Lady Hughes explained how that had made a big difference in Manchester in a recent case to which she drew our attention, and I know of other cases in which that has happened.
I think I mentioned that I, with some supporters, gave evidence to a Boundary Commission. We did not win our point but there was a general sense of satisfaction that we had been able to air it and that the arguments had been properly, duly, publicly and transparently weighed. We do not need the existing form of public inquiry. My noble friend Lord Rooker set out how he thinks that the whole process could be more rapidly conducted. I was very interested in his suggestion in that regard, which seems a promising avenue of discussion under the heading of future amendments on the Marshalled List. However, some sort of public and open appeals process is absolutely essential if we are not to put ourselves in a situation whereby the great and the good, if we can describe ourselves in that way—perhaps we are the great and the bad—take an irrevocable decision and then hand over to a bureaucracy the right for ever after to take decisions behind closed doors and subsequently announce to the grateful public what their electoral boundaries will be without it ever having to explain itself in public in any kind of open forum.
We have made considerable progress on those four principles this afternoon. The prospect may be emerging through the mist of a structure that could command the consensus that we all regard as very desirable for a Bill of this kind.
The point I was making was that it now calls itself South Edinburgh to take in the various parliamentary constituencies in the south of Edinburgh.
I have tried to be patient.
Four out of the seven provisions in the amendment relate to wards and how they should be used in the Bill. I cannot accept that the Government have been dismissive—the word used by the noble and learned Lord—of wards. I certainly endorse what the noble Lord, Lord Graham of Edmonton, said, about the importance of the ward level. That is why, in response to the previous set of amendments, I stated our belief that wards are in many cases already the building blocks of constituencies. They are the level that can often reflect local community ties. The English Boundary Commission has confirmed that in the majority of cases in England, wards are used as the basic element of each constituency. For reasons that I have already given—that some wards might combine a large part of an urban area on the outskirts of the city and a rural hinterland—there might be reasons to give the Boundary Commission discretion to split boundaries. Therefore, an absolute prohibition, as proposed in the amendment, goes too far. I hope that the undertaking that I gave in response to the previous debate to look seriously at the issue of wards and to bring back our proposals on Report will satisfy the House at this stage. On that basis, I invite the noble and learned Lord to withdraw his amendment.