Parliamentary Voting System and Constituencies Bill

Lord Howarth of Newport Excerpts

Wednesday 19th January 2011 Lords Chamber

[Lord Wallace of Tankerness]

I am certain that I have already given that explanation, but I am more than happy to repeat it. The judgment was that in order to get the Boundary Commission reports by 1 October 2013, 1 December 2010 was the date that was necessary to give the Boundary Commissions their starting point: the raw figures from which they must work. October 2013 was chosen because it is approximately 18 months before what would be the general election in May 2015. I cannot remember which noble Lord it was—it might even have been the noble Lord, Lord Howarth—but someone certainly made comments in debates earlier about the importance for local parties selecting candidates to adjust to new boundaries. Eighteen months was thought to be sufficient time to allow that to happen. That is the judgment that has been made. It will be pretty challenging. I do not think anyone has denied that. Indeed, noble Lords opposite have commented that it will be a very challenging task for the Boundary Commissions to have their respective reports published by October 2013, but that is why we have chosen that date.

[Lord Howarth of Newport]

Why should not the Boundary Commissions, as they work towards a review to be completed by 1 October 2013, take, as the relevant date for the register, 1 December 2012?

[Lord Wallace of Tankerness]

You have to have a fixed date in order to be able to produce the draft recommended constituency boundaries and have an opportunity for consultation. The work has to start very soon to be able to do that. If you start to import new figures two years down the line, it is practically not possible to do that. It comes down to sheer practicality. You cannot do that and have that all in place by 2013.

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[Lord Bach]

I continue on from what my noble friend asked. As I understand it, in the past Boundary Commissions have worked on the number registered at a particular date—that is certainly right. However, under the 1986 rules, or the way in which they have been applied, the Boundary Commission has been able to look carefully at what is proposed to be built in a certain area, such as a new town, to use an extreme example, in the relevant period. I might be wrong about that, and I look to the Minister and his advisers about that. The Boundary Commission can take that as another consideration. Of course, the commission cannot add a population as such, but it can take into account what is likely to happen in that area in a broad way.

Perhaps the noble and learned Lord will answer this when he replies to other comments that have been made, but we are concerned that if the Boundary Commission's role is so numerically based, it will really have the opportunity to look at these wider matters. At the moment, under what we consider to be rather good rules, will the commission be able to consider them in the same way as it has in the past? I do not expect an immediate answer because this is an important point about the new rules that will be created under the Bill.

[Lord Howarth of Newport]

My Lords, the noble and learned Lord spoke of his desire to achieve fairness and equality between electors in the processes that this Bill provides for by introducing constituencies that reflect that. We might also want to see fairness and equality between citizens. I know that it is not our tradition and practice in this country to draw constituency boundaries on the basis of population. Instead, we take account of those who are registered electors. However, it is highly desirable that the real population figures should effectively be taken into account. The way to square that circle is to do everything possible to improve the state of the electoral registers to make sure that the registers, constituency by constituency throughout the country, are as accurate and complete as they possibly can be.

The noble and learned Lord said that the Government are intent that that should happen. But it is not realistic to talk, as the Government do, about equal votes in equally drawn constituencies if the registers are so patchy. They are more incomplete in some constituencies than others. Therefore reform of registration, or at least a serious and effective drive to update and improve registration, must be intrinsic to the project that the Government have embarked on in their quest to achieve equal votes in equally drawn constituencies.

Yesterday, the Deputy Prime Minister, answering Questions in the other place said:

“It is the choice of the coalition Government to say that we want to reform politics not in a piecemeal fashion”.—[Official Report, Commons, 18/1/11; col. 682.]

If that is indeed the intention of the coalition Government, as stated by the Deputy Prime Minister only yesterday, then surely the Bill should be amended in some way to incorporate provisions that give impetus and drive to ensuring that registration is greatly improved.

There is a political problem for the Government in that there is a perception that the Government are happy to see significant proportions of the electorate unregistered. A greater number of those who are unregistered may not be disposed to vote for the coalition. Why are we not getting registration built into this legislation? Is it simply because the Government are in such a rush to get the Bill on the statute book? They do not need to be in such a rush to get the whole Bill on to the statute book. As we have been saying, we are happy to accept that Part 1 of the Bill has been scrutinised in this House with some thoroughness. If Part 1 of the Bill were separated from Part 2, we would be content for that to go ahead. For some reason to do with mistrust between the coalition partners, they are still unwilling to do that, but let us hope that it can be done. Then we would have more time to ensure that these important reforms proposed in Part 2 of the Bill are not only properly scrutinised but made more complete by the incorporation of measures in relation to registration.

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[Lord Howarth of Newport]

But the amendment carries important implications about registration. I suggest that we need to continue to address that issue. It is difficult to do so if the coalition insists on getting the whole Bill through in very short order.

[Lord Thomas of Gresford]

My Lords—

[Lord Howarth of Newport]

I will give way to the noble Lord in a second. I am just replying to the previous intervention. We should try to keep good order. What I am talking about is relevant to the amendment in that sense.

[Lord Thomas of Gresford]

My Lords, we all enjoyed the picture of the noble Lord fast asleep in the Chamber that appeared in today's Independent. I hope that he is not intending to send the rest of us to sleep with his speech. He normally takes 20 to 25 minutes. Perhaps he can shorten it today and talk to the point for once.

[Lord Howarth of Newport]

The noble Lord himself is occasionally capable of quite soporific oratory. If I had fewer interventions no doubt I would be able to sit down rather sooner.

[Lord Tyler]

Perhaps I can help the noble Lord in that respect. Some of us have seen a fascinating grid, the Opposition’s speaking grid, that was left in some facilities of the House overnight earlier in the week. It was very helpful because we were then able to see when noble Lords were being instructed to speak on various amendments. Would either he or one of his colleagues tell us what the grid is for today? Then we could know when the noble Lord was going to speak and perhaps we could slip outside to have a cup of tea or even a snooze. At the moment, we are not given any guidance as to when various Members of the Opposition are going to speak and that is a pity because we could make more progress. Also, if I can make a suggestion to the opposition office that produced this grid, it would be helpful to know how long the noble Lord will speak.

[Lord Howarth of Newport]

I would personally be terribly disappointed if the noble Lord, Lord Tyler, were to take advantage of the fact that I was on my feet to go and have a cup of tea because I depend on his presence as a stimulus and discipline to myself. I might be tempted to speak more rashly and randomly if it were not for the invigilatory presence of the noble Lord in the Chamber.

[Lord McAvoy]

In relation to the contribution of the noble Lord, Lord Tyler, does he know that just before we adjourned yesterday, Conservative Whips happened to find some papers that had been left in one of the gents toilets indicating a rota going on until six in the morning? There were then all sorts of phone calls and various messages went out to Conservative Members to come back quickly and to make sure that they were there. It turned out, somehow or other, that the paper was a hoax.

[Lord Howarth of Newport]

My noble friend has a knowledge of the dark arts that I could never match, nor would I wish to match.

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[Lord Elton]

With respect, the previous Government had all-night sittings as well and we did not change the rules.

[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.

[Baroness Mallalieu]

My Lords, I wonder if I might contribute briefly to this debate. I add that I am not on any roster or rota; I will be very brief and address the amendments. There will not be time, I am afraid, for the noble Lord, Lord Tyler, to get out and order his tea at all.

In order to have equal-sized seats, which I hope are what we are all aiming for, it is essential that there is an accurate and comprehensive register. It was brought home to me on the day of the last general election just how defective our present register is. I heard someone a moment ago say that it was pretty good, as a result of people wanting to vote. However, I sat for four hours on polling day outside a polling station in Lambeth and I found—I have done my best to be as accurate as I can—that something of the order of a third of the people who came up wanting to vote, when they came out and were asked if they would indicate how they voted, told me that they were not on the list. They were almost invariably from ethnic minorities and many of them were young. If that is the register that we are going to be working on, it is not good enough.

It seems to me that if the amendments that the noble Lord, Lord Bach, has put before the House are defective, this cannot simply be ignored. I know that the noble and learned Lord, Lord Wallace, is anxious to make this Bill as good as possible and anxious to get it through at the speed of light, but these problems must not be in-built into the fresh legislation. If anything calls out for a pause and a chance to try to find a way of getting this right, and if that means using data from outside what are currently used, surely that must be the way to achieve our main aim of equal-sized seats.

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[Lord Wills]

I am very sorry that the noble Lord should make such a personal and slightly vindictive comment. I am trying to help the House understand these matters. These are subjects that, as my noble friend rightly said, have not been made public before. The experience of any Minister in a Government is relevant to the passing of legislation, and this legislation is important. I am sorry that the noble Lord thinks that it is irrelevant that 3.5 million people are not registered but I think that it is profoundly important, and it is very important to this amendment.

I was actually concluding my remarks. I have given way to everyone, following the Minister’s generous example. I will give way again, subject no doubt to further spiteful comments from the noble Lord opposite.

[Lord Howarth of Newport]

It would be helpful and interesting for the House if my noble friend could make a few remarks about the census.

[Lord Wills]

That is how I was going to come to the conclusion of my remarks. I was responding to an intervention about that, and I was not talking about my ministerial career; this is about the process of legislation, which is directly relevant to this clause. All parties in the House of Commons agreed, parties that have now changed their minds about it, including the party of the noble Lord opposite. His spokesman in the House of Commons agreed with what we proposed, which has now been jettisoned. When I have sat down, I would like to hear him explain exactly why his party has changed its mind about the importance of people being on the register. That is relevant to this debate.

The reason why we were able to persuade the spokespersons from both the Conservative and the Liberal Democrat parties about the importance of a timescale—in other words, to 2015, not the new precipitate timescale—was, above all else, the importance of the 2011 census data. Only when those are available can we be sure that we have a comprehensive and accurate register. This was not a political decision; we were assured by officials, and I am sure that the Minister is getting exactly the same advice, that the full benefit of those data will not be available until 2014. So we come back to the central point about the timescale.

I understand all the arguments that the Minister has made in resisting the amendment. They are important, they are not negligible and I do not resist them all. There is a greater argument, though, about the central importance of having a comprehensive and accurate register, and, at the earliest, that cannot be available before 2015. I am not necessarily opposed to what the Minister is proposing overall in the legislation, only to the process and unforgivable rush. If he sticks to this timetable, he is putting forward profoundly flawed legislation, and I urge him once more to think again.