Parliamentary Voting System and Constituencies Bill Debate

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Department: Ministry of Justice
Wednesday 19th January 2011

(13 years, 3 months ago)

Lords Chamber
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Viscount Ullswater Portrait The Deputy Speaker (Viscount Ullswater)
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I must advise your Lordships that if this amendment is agreed to, I will not be able to call Amendments 66A to 66C because of pre-emption.

Lord Grocott Portrait Lord Grocott
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My Lords, my amendment is very simple. I am not quite sure why it is grouped as it is, but I have no interest in degrouping because I hope that there may be some movement from the Minister on this. My amendment is simple and straightforward. There are four characteristics that the Bill tells us a Boundary Commission may take into account when drawing new boundaries. I want to add a fifth which is entirely based on my experience in the other place and with the constituencies that I was privileged to represent.

The fifth characteristic that I would like to add is that the Boundary Commission may take account of local government areas with rapid increases in population. Unusually among amendments, I suggest to the Government that this one could conceivable save them money, which might make ears prick up. The reason I have brought this forward is that the two constituencies I represented had huge electorates. I represented Lichfield and Tamworth until 1979. When I was defeated, the electorate was 101,343. In The Wrekin, which was the second constituency I was able to represent, the electorate before the boundary changes was 90,892. The reaction may well be, “So what? Populations change and move. That is what Boundary Commissions are for”. The reason why I suggest to the Committee that my experience might be relevant and might be worth changing this Bill for is that the population increases in both these constituencies was entirely predictable and pretty accurate. They were both new towns in the West Midlands. Tamworth was a growing and expanding town with projected increases in population and The Wrekin contained Telford new town, which likewise had completely projected and predictable increases in population. All I am suggesting is that these predictable changes in the population should be taken into account when constituency boundaries are drawn because it simply means that constituencies obviously very rapidly become very large and above the quota, I suppose.

I can anticipate one of the things that the noble Lord, Lord McNally, might say, which is that under the Bill as it stands there will be boundary redistributions every five years, so it is easier for these rapid population changes to be taken into account. I stand entirely by my position on this Bill throughout: it is a big mistake to make constituency changes every five years because of the massive uncertainty and instability that creates for MPs and the communities in constituencies. There would be no need for redistributions as rapidly as are compensated for by the five-yearly alterations of the constituency boundaries because in most cases, large increases or changes in population do not come out of a clear blue sky. Certainly in the case of new towns, they are predictable and predicted. This is where my suggestion for money saving comes in. If these factors were taken into account, there would not be the need for quite the frequency of boundary changes.

I do not expect the noble Lord, Lord McNally, to suggest that there are going to be any changes on that basis, but given that in the case of The Wrekin the population increased by 8,000 between one general election and the next, it would make sense if we made the amendment that I am proposing. As happens when one sits down and looks again at one’s own amendment, I can see a better way of doing it which the noble Lord, Lord McNally, and his officials might feel is simpler. Clause 5(1)(a) on page 10 says that,

“special geographical considerations, including in particular the size, shape and accessibility of a constituency”,

can be taken into account by the Boundary Commission. If the noble Lord were to be emollient enough to include “planned population growth” as one of those characteristics, he would make me a Member of this House with a great sense of achievement, so I hope he might consider that.

Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton
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My Lords, there are five amendments in this group. The noble Baroness, Lady McDonagh, has her name to one to them. I do not know if she is going to speak to it, but let me deal with them all briefly.

The amendment tabled by the noble Lord, Lord Lipsey, says that determining the size of constituencies should not be done by reference to the registered electorate nor by reference to the registrable electorate but by reference to the whole population of the constituency. The noble Lord, Lord Boateng, is saying that there should be an upper limit in relation to constituencies, just as there is a geographical upper limit in the proposed Bill, so that no constituency should have a total population which is more than 130 per cent of the electoral quota. My noble friend Lord Grocott proposes something slightly different from the others, which is that the Boundary Commission can take into account the explicit consideration of population growth. Where there are local government areas with rapid increases in population, on the basis of the current drafting, that would only be able to be used in relation to the 5 per cent deviation on either side of the electoral quota laid down by the Bill. And the final amendment in this group says we should have regard to the census.

All of these amendments wrestle with the problem that we discussed in the previous group of amendments—namely, what is to be done about the fact that there is substantial representation? I am not in favour of determining the size of constituencies as a starting point from people other than either registered electors or registrable electors. But just as the geographical size of the constituency, based on the burden on the MP who has to get around it, determines that no constituency should be bigger than a certain size, it seems to me to be legitimate to take into account whether or not one has an exception by reference to the total population. That means you still have the electoral quota approach. I see that the noble and learned Lord, Lord Mackay, is about to intervene. I am more than happy to give way.

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Lord McNally Portrait Lord McNally
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What makes this an absolutely Alice in Wonderland debate is that, when the noble Lord, Lord Maxton, reads Hansard, he will see that that is just what I said. I thank him for his support.

The commitment to represent everybody in the constituency does not necessarily mean, as has been made clear a number of times, that we should look to population rather than registration for basing the electorate. The electoral register has been the basis for boundary reviews since the 1940s. Current constituencies in the other place are drawn up on the basis of electorate, not population. It was made clear earlier this evening that there are reasons and principles for this practice and approach. The principle behind the Government’s proposal is to ensure that one elector means one vote of equal weight, wherever that vote is cast in the United Kingdom. In order for this to be the case, constituencies must have a broadly equal number of electors. Simply to substitute population for electors would exacerbate the present inequalities in the weight of vote because there would be variations in the number of individuals in an area who are not entitled to vote. The best way to achieve fair and equal votes and to address concerns about underregistration is to have an equal number of registered electors while ensuring that the register is as accurate as possible.

A further argument has been put that the constituency boundaries should be drawn on the basis of population rather than the register of electors because a Member of Parliament is elected to represent all his constituents and a significant part of an MP’s work can be on behalf of those who are not registered to vote. That argument has been made several times. However—this point has been made several times, but I shall say it again loudly—no Member of Parliament has a free ride. MPs have different kinds of pressures and different areas of responsibility, so it would be invidious to start deciding that constituency X rather than constituency Y had more problems. Most MPs will give a full description of the kind of problems that their particular constituency brings. That is why the Government believe that it is the right of electors to have a vote that is of equal weight between, as well as within, constituencies throughout the United Kingdom.

There have been ideas that we could use population. The difficulty is, as the Office for National Statistics has pointed out, that there are limitations with population estimates. Although I have heard in previous debates the suggestion that we could use the census, the data from the forthcoming census will not be available until far too late for the Boundary Commission to complete the task of reviewing the boundaries by 2015, which would mean that, up to the 2020 general election, the pattern of representation in the House of Commons would reflect the electoral register as it was in the year 2000. I cannot believe that we should do such a disservice to every elector in that way.

Nor, as I noted in the earlier debate on a similar amendment in the name of the noble and learned Lord, Lord Falconer, can we accept the amendment in the name of the noble Lord, Lord Boateng, that the total population of a constituency could not exceed a number that is 130 per cent of the electoral quota. I recognise the intention behind that amendment, but the data are not available that could make that work in practice. The Boundary Commission would need population data at a very low level of geography in order to ensure that the tests in the amendment were met. Those data are not available. It would be far better to use the electoral register, as has always been the case for boundary reviews, and concentrate our efforts on improving the registration rates. The census may provide valuable information that can support that work. The provisions in this Bill for a review once a Parliament, rather than once every eight to 12 years, will mean that the work will be reflected in a review very much sooner than would be the case under the existing provisions.

I note what was said by the noble Lord, Lord Grocott, who made a valid point. I know that boundary reviews cause problems in terms of sitting MPs, but this proposal is for the benefit of the electors. Amendment 74C proposed by the noble Lord, Lord Grocott, would allow the Boundary Commission to take into account likely rapid changes in population when making recommendations for boundary changes. Amendment 78A, which has not been moved by my noble friend Lord Maples, would require the commissions to take into account projected increases in the electorate.

My concern is that, however calculations were made on the projected electorate, there would, by definition, be an element of interpretation that would be subject to repeated challenge. Furthermore, the amendments would abolish the fixed figure and replace it with a moving target. I am concerned that interested parties would be likely to use this for arguing for a more advantageous calculation method for the projections. In order to maintain the high levels of trust in our system, we must base boundary reviews on the availability of actual data.

That said, I hope that we can reassure noble Lords on this issue. The Fifth Periodical Report of the Boundary Commission for England notes that the commission takes into account projected electorate changes where it believes that the projection is likely to become a reality. We are confident that the Bill does nothing to stop the commissions continuing that practice, and we would expect them to apply this practice where they judge that the specific circumstances warrant it. I would advocate continuing to rely on the professional and expert judgment of the commissions.

We agree that constituencies should be as up to date as reasonably possible in order that boundaries reflect where electors live and in order that votes have equal weight. The answer to this is the Bill's provision for redistributions to take place every five years.

At this point, in the tradition that has been established in the last hour in this House, I would offer the noble Lord, Lord Lipsey, a meeting on this, but I think that his diary is probably already full. I therefore invite the noble Lord to withdraw the amendment.

Lord Grocott Portrait Lord Grocott
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I am baffled by the Minister’s response. He is saying that the Boundary Commission can take account of factors that are not mentioned under factors (a), (b), (c) or (d) that are listed in Rule 5 of new Schedule 2. All I am saying is that if the Boundary Commission can take account of factors that are not listed—obviously, my amendment would add to those four factors—what on earth is the point of specifying the factors that are listed? My amendment would not impose a compulsion on the Boundary Commission; it would simply list a possible consideration that may allow for specific local circumstances. I simply did not understand his answer. I am also a bit upset because he did not suggest a meeting. Perhaps he will write to me.