Parliamentary Voting System and Constituencies Bill

Lord Foulkes of Cumnock Excerpts

Wednesday 19th January 2011 Lords Chamber

[Lord Howarth of Newport]

I do not know whether I may be permitted to resume these brief remarks that I want to offer to the Chamber. It is difficult when noble Lords on the other side of the House digress into procedural matters and interrupt to waste time. Perhaps I might try to make progress. On the general consideration—

[Lord Foulkes of Cumnock]

I wonder if my—

[Lord Howarth of Newport]

I deprecate another intervention, but as my noble friend always has something worth while to say—

[Lord Foulkes of Cumnock]

I wanted to say how much I am enjoying my noble friend’s speech and I ask him to ignore the loutish behaviour of Members opposite in what could now be described as the Onslow tendency.

[Lord Howarth of Newport]

My noble friend is possibly entitled to enjoy my speech rather more than to enjoy a photograph of me making a speech. On the general considerations as to why the Bill should be amended—and the Government should be very willing to amend it—to ensure that it addresses itself to the question of improving the electoral register, I add one consideration. It is that, probably, the principal reason why the register is so inaccurate and incomplete, even 20 or so years later, is because we know that a great many people dropped off the register as a result of the introduction of the poll tax. I am not going to go on at length about this because we touched on it in an earlier debate but that political reality—that fact of history—implies a responsibility, at least on the Conservative wing of the coalition, to ensure that the problem for which it carries a large measure of responsibility is remedied.

I turn to two specific and more technical aspects of this amendment and its implications. The Minister was helpful to the House in what he had to say, both about the relevant date and the census, but I remain in some perplexity. Perhaps I have not sufficiently understood the purport of what he was saying or perhaps it is simply that it was not entirely convincing. It seems to me that it must be desirable that the relevant date should be set as late as possible. I heard the noble Lord, Lord Tyler, say that the earlier the relevant date is, the more likely the electoral register is to be complete and accurate. I found that a little counterintuitive and not entirely persuasive. The questions of the relevant date and of a census are bound up with each other, even though our constituencies are not based upon population.

The data that would be provided by the 2011 census are obviously enormously important. They will transform the appreciation that the Boundary Commissioners and everybody else will have about the distribution of population and of how, via electoral registration, the new constituencies should be drawn. It seems very odd, and the public will perceive it as very odd, that the relevant date should be set at 2010 when we have a new decennial census in 2011. While it takes some considerable time, understandably, for all the data emerging from the 2011 census to be established, none the less I would have thought that it would be possible, within a reasonable period, for the experts responsible for the process to begin to take account of that data. It would be very good if they could do so. For these reasons, I would have thought that if we could have a relevant date in 2012 there would be twin advantages: of being up to date, in any case, and particularly in that the information obtainable from the 2011 census could be fully considered and absorbed in the overall process.

The noble and learned Lord said that it all takes time, and of course it does. I do not say that the Boundary Commissioners should not start their work by reference to earlier data but I would have thought that it would be possible for them to update their work as they go along. Certainly, the objective should be—who can possibly disagree with this?—that the fullest account should be taken of the latest and most accurate and relevant data. It seems to me that these issues are worth further examination, for the major reason that it must be wrong and, indeed, unrealistic to attempt to draw equal constituencies without achieving the fullest possible registration and because we will have a rich source of additional data. It is not sensible to rush to conclude matters before those additional data can be properly absorbed.

--- Later in debate ---

[Lord Soley]

My Lords, I had not intended to speak on this matter. I shall be brief, subject to interventions, which I will take if I possibly can.

I am not a great expert in this area, which is why I do not intend to speak for very long, but we have had the advantage of listening to two very good speeches. One was by the Minister, who demonstrated as usual that he is in command of his brief and was willing to answer questions—that is where he scores over some of his colleagues, who are not so in command of their brief and do not answer in the detail that he has—and I learnt a lot from that.

I have learnt an enormous amount from the other very good speech, which was from my noble friend Lord Wills. We ought to listen to him with great care. He has vividly described what was happening under the previous Labour Government in order to increase registration and how to get local authorities to do that well. Anyone who was aware of that during that period, and I certainly was, will be aware of the efforts that he and others made in order to get this right.

My purpose in intervening now is to say that we need to listen and learn from my noble friend’s experience. I do not want to go into the detail of it, but he is right. I simply want to say that a deal on the Bill is possible if the Government would go the extra mile that they need to go to do it. It is crazy to drive through a constitutional Bill without getting the all-party agreement and involvement that we need. It is possible to reach agreement. This may be a late stage but the Government need to do it. They do not have to bring the House into a position whereby it becomes a carbon copy of the House of Commons, but on constitutional Bills they have to try to reach agreement on key issues. That is not impossible. My noble friend has convinced me on this point. I shall not go into great detail about my former constituency. I took an interest in registration, as every MP does. I was always worried about underrepresentation of certain groups in my constituency and above all about the fluidity of an inner-city area where the population turnover is very high.

I say again that the point my noble friend made about the estimates, and using figures from elsewhere, is profoundly important. It is important to note that underrepresentation in some areas is due not to the ignorance or lack of concern of the local population but stems from its socio-economic make-up and so on. I repeat that it is possible to reach agreement on this matter but you cannot do that with a Government who are not prepared to reach agreement. I say to the Government, please to try a little harder.

[Lord Foulkes of Cumnock]

My Lords, the Minister’s early intervention was very helpful because a lot of the things that he said answered questions that I had. I can therefore be relatively brief. I hear the sighs of relief. I wish to make two points. First, we have been discussing two issues. One is underregistration. Every party represented in this House and in the other House thinks that that is a bad thing. Every party wants to increase representation and encourage local authorities to get as many people on to the register as possible. That is in all our interests and is something we should all be doing. We should accept the good faith of other parties in wishing to do that. However—this is my second point—what we are talking about today, as my noble friend Lord Campbell-Savours said, is not that issue at all. What we are talking about today is the best way for the Boundary Commission to make a judgment about the boundaries and the most accurate figures that it can use.

I have made my next point on a couple of previous occasions, much to the Minister’s annoyance. I have put down Amendment 67C, which says that we should use the number of people eligible to vote rather than those on the register. Questions have been asked about the accuracy of various figures. I and other Members have argued for a figure based on population. The Minister criticised that on the basis that it was an estimate. I have been talking to wiser colleagues than me about estimates. We pay taxes based on estimates. The Barnett formula gives money to Scotland and Wales based on estimates. As my noble friend Lord Desai said to me, the retail prices index, on which our pensions and other benefits are calculated, is based on an estimate. So there is nothing inherently wrong with estimates. As my noble friend Lord Desai also said to me, many things which cannot be measured scientifically are based on estimates. Despite the criticism that we have heard of the population estimate, it is relatively accurate. As has been said, it is fortuitous that the census is taking place in 2011. Therefore, we will get a very accurate measure—not an estimate—of the population, and those over 18, in 2011.

The Minister said that the register of electors is absolutely accurate but that is not the case. As I regularly used to find out when I went round canvassing, a lot of people on the register are dead. I understand that some of them used to vote in Northern Ireland, and not just in Northern Ireland. Of course, people move from one constituency to another and some of us are registered in more than one constituency for different reasons, so there are variations there. However, I argue that the biggest variation occurs—we know this as we have discussed percentages in previous debates—in the percentage of those eligible to vote who are actually registered in each constituency around the country. In some it is only 60 per cent, in others it is nearer 90 per cent, even towards 100 per cent. That is where the major imbalance occurs and that is why using the number of those eligible to vote is far fairer—“fairer” is the relevant word—when working out the boundaries than using the number of those who are actually registered to vote.

Having listened to this debate and having heard the arguments, will the Minister ask the Boundary Commission what its views are and whether it thinks that it would be feasible, better and constitute an advance to make its judgments based on population rather than on the electorate? I would welcome that. I know that the Minister will tell us that the Boundary Commission has given evidence, but will he put this to it de novo? Will he tell it that this submission has come from people who have been involved in elections and has arisen from a debate specifically on the issue which reflected our concentrated thinking on it? I would welcome a new response from the Boundary Commission as that would greatly help the debate and the discussion.

[Lord Wallace of Tankerness]

My Lords, the secretaries of the Boundary Commission were asked about this by the Political and Constitutional Reform Select Committee in the other place and they indicated the significant difficulties that would arise from using a population base rather than an electorate base. I have made that clear. I am sure the noble Lord is not suggesting that they were not displaying their expertise when they answered that question put by the Select Committee in the other place.

[Lord Foulkes of Cumnock]

I accept that they were asked the question. But what is the purpose of having debates like this in the House of Lords?

[Noble Lords]

Oh!

[Lord Foulkes of Cumnock]

I am grateful. What is the purpose of hearing from people who have genuinely been involved in elections and in the conduct and practice of elections—some people have sneered at that—as my noble friend has as a former Minister, if the Minister is not willing to go back and say to the Boundary Commission, “This issue has been raised. Can you have another look at it?”.

[Lord Thomas of Gresford]

My Lords, the noble Lord, Lord Foulkes, referred to the winding-up speech of the Minister which took place more than an hour ago. Since that time we have had a further hour of debate. The abuse that started on Monday—organised by the party Whips, according to the documents that we have seen—is continuing. With great regret, I beg to move that the Question be now put.

--- Later in debate ---

[Lord Hamilton of Epsom]

No, I am not in favour of them either. I agree that they have breached the principle, but I suppose that there is a greater argument for an enormous land mass with a very small electorate in Scotland being represented by one person.

[Lord Foulkes of Cumnock]

Let me reinforce the noble Lord's argument. If we have a debate like this for 45 minutes on each of the 650 constituencies, it will take another 450 hours.

[Lord Hamilton of Epsom]

That is absolutely true. That is why I hope that the Government do not give way on this issue. That rules out any question of creating an exception for the Isle of Wight. It may be uncomfortable for the constituents of the Isle of Wight to be represented by two Members of Parliament, but it would not be the end of the world. I sincerely hope that my noble friend holds out on this.