Parliamentary Voting System and Constituencies Bill

Lord Howarth of Newport Excerpts

Tuesday 25th January 2011 Lords Chamber

This is a modest amendment, but I mean it sincerely and I hope in my heart that the Government will give it a fair wind. I have a more remote but, I hope, not empty hope that it might play some part in the kind of negotiations that are needed to resolve the dangerous impasse in which the House finds itself.

[Lord Howarth of Newport]

Can my noble friend clarify his thinking in two regards? His amendment provides that the Boundary Commission should be able to give priority to the very important factors set out in rule 4 over the requirements of rules 1, 2 and 3.

[The Lord Speaker (Baroness Hayman)]

Because the point that the noble Lord is making is quite complicated, it would be simpler if I put the question first and then we had contributions after that.

[Lord Lipsey]

I beg to move.

[Lord Howarth of Newport]

I apologise to the Lord Speaker and to the House. Will my noble friend clarify his thinking, so that we really understand what he is inviting the House to agree to? He is saying that the Boundary Commission should have the power to give priority to the very important considerations set out in rule 5 and give those priority over the requirements of rules 1 to 4. Rule 1 is the one that says:

“The number of constituencies in the United Kingdom shall be 600”.

It is my view that the Boundary Commission might frequently conclude that an exception should be made if it had discretion to exercise its judgment and to attach significant importance to various factors in rule 5 such as geography, local government, local ties and so forth, within existing constituencies’ boundaries. The consequence could be that the number of constituencies in the United Kingdom would rise significantly above 600. I would favour that for a whole variety of reasons, but would my noble friend draw out the implications of his amendment in that regard—or what he thinks the implications could be for the eventual number of constituencies in the United Kingdom?

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[Lord Bach]

My Lords, my noble friend’s Amendment 75 alters the extent to which the Boundary Commission is able to take account of possible factors extraneous to the size of parliamentary constituencies when conducting boundary reviews. It alters the weight that it can place on these additional factors. It would permit the Boundary Commission to give priority to special geographical considerations, including the shape and accessibility of a constituency, to local government boundaries, and any local ties when defining the new boundaries. It would subordinate the size of a constituency, its fit within the electoral quota, to these other factors if, but only if, the relevant boundary commission were to deem the other factors to be of exceptional importance.

The various boundary commissions are acknowledged experts in this field. They have been doing their job for a long time. It is their job to come to an informed and reasoned definition of a constituency boundary. I judge that it is they who are in the most suitable position to make an assessment on whether geographical or local factors are of exceptional importance to a particular constituency.

My noble friend’s amendment strikes us as reasonable, but I put it to the Committee that, if the Government had been amenable to accepting the Front Bench’s Amendment 75A that we debated last night, during the long debate that the noble and learned Lord, Lord Wallace of Tankerness, answered in the wee small hours, the amendment before us would not be necessary. As the rules currently stand, without this Bill being passed—I am grateful to the noble Lord, Lord Davies, for reminding the Committee of the 1986 rules, which stand today—boundary commissions are permitted to use their judgment in cases where geographical or local factors may need to override the size of constituencies. We think that this should remain the case. A concerted effort to achieve more equally sized constituencies can be consistent with allowing the Boundary Commission this discretion.

[Lord Howarth of Newport]

How does my noble friend consider that the Boundary Commission could be in a position to make a well informed judgment as to whether factors in rule 5 should be considered to be of exceptional importance if it is not to have the opportunity to hear representations from members of the public in the process of inquiries?

[Lord Bach]

Obviously, I do not believe that it can. That is why I think that public inquiries, which we will come to later, are of such fundamental importance to the position.

Of course, the Boundary Commission draws up conclusions at present and then, in many cases, particularly where there is controversy, there will be public inquiries in order to see whether the original suggestion by the Boundary Commission should stand or be altered. Of course, arguments as to whether these are exceptional cases or not would be argued out both early on, I suspect among the commissioners themselves, and then also at the boundary review—that is, the public inquiry. That has proved to be incredibly successful over the past number of years and I think that the boundary commissioners, if they were standing here, would agree that this has prevented some Boundary Commission suggestions that were not very sensible coming into effect. Therefore, I agree with my noble friend’s point.

My noble friend Lord Lipsey emphasised in his amendment that he is thinking about exceptional factors. He is not advocating—nor are we, for that matter—that the factors mentioned in rule 5 should dominate in all cases, just that they should be given their due weight and that, in some areas, this weight is pretty significant. Existing rule 6, by which I mean rule 6 in the 1986 rules, says:

“A Boundary Commission may depart from the strict application of rules 4 and 5 if special geographical considerations, including in particular the size, shape and accessibility of a constituency, appear to them to render a departure desirable”.

That does not make the present rule 6 more important than size but makes it equally important. Both are considerations that the independent Boundary Commission can take into account. The difference with the way in which the Bill is drafted, of course, relates to the size of the constituency; unless the constituency is within 5 per cent, none of the considerations in the Bill’s rule 5 will come into effect.

I remind the Committee that if the flexibility in the variance in the size of constituencies were increased from the 5 per cent stated in the Bill as it stands, the problems that my noble friend set out when moving his amendment, and which his amendment seeks to avoid, would be far less likely to occur.

[Lord Wallace of Tankerness]

My Lords, I start by indicating to the noble Lord, Lord Lipsey, that in the days when I had to attend economics lectures from the noble Lord, Lord Eatwell, I also had to read Richard Lipsey’s Positive Economics. I hope he will take it in the spirit that it is intended when I say that I find the noble Lord’s contributions much more engaging than what I recall of his textbook.

The amendment would allow the Boundary Commission to decide, in particular instances, that the factors in rule 5 are so important that it should override the preceding rules. It has been evident from the debates that we have had so far that the core principle of this part of the Bill is to ensure that votes cast across the country have an equal weight. The best way to achieve this is to ensure that there is broad equality in the number of registered voters in each constituency. The principle of parity must be paramount.

In introducing his amendment, the noble Lord said that there was consensus in the Committee on the principle of equity, although he indicated that there was no consensus on the 5 per cent or 10 per cent variation from the electoral quota figure. I pay tribute to the noble Lord’s ingenuity for coming forward with this amendment. He claims that it is a very narrow exemption but, while ostensibly reasonable, the amendment would undermine the principle of parity that we have said ought to be paramount by allowing other factors to take precedence over the equal weighting of votes. This could, and almost certainly would, perpetuate a situation in which constituencies can be of very different sizes, and votes cast in one part of the country can have a very different weight from those cast in another.

The amendment would override rule 2(1), so it would not just be a question of a debate about a 5 per cent or 10 per cent variation. Indeed, by that rule being overridden, the variation could be sizeable indeed. Existing differences in constituency size matter. There is a 41 per cent difference between Manchester Central, with 85,522 electors in 2009, and Glasgow North, with 50,588 electors in 2009. That means that 10 voters in Glasgow North have the same weight as 17 voters in Manchester Central. Frankly, that simply cannot be right.

[Lord Howarth of Newport]

One of the reasons why we are still here in this Committee on the 13th day is that the Government persist in the illusion that if they equalise the number of electors in every constituency, desirable of course though that is in principle, that will produce votes of equal value. The reality is that differential turnout and differential marginality mean that votes in different constituencies will continue to have different values. If the coalition really wanted to achieve votes of equal value, it would have put an alternative option on the referendum for people to vote for proportional representation. Why did the Government not do that?

[Lord Wallace of Tankerness]

Obviously the noble Lord is right to the extent that differential turnout has an effect on the value of votes, but the Bill at least gets everyone to the same starting point. The argument that seems to be coming from the noble Lord is that somehow or other you can have an equal starting point that would then be compounded by differential turnout, making the situation even worse. That is what I find unacceptable.

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[Lord Lipsey]

I thank all noble Lords who have taken part in this brief but informative debate—my noble friends Lord Howarth, Lord Soley, Lord Davies of Stamford and Lord Bach. They have all made substantial contributions to moving the argument forward. I thank the Minister for a comprehensive reply but I cannot apply the phrase “moved the argument forward” to his remarks. I know there is a feeling in many quarters of the House that this debate has gone on too long; I share it. However, one reason for that is that scrutiny is not just about making changes to the Bill; it is about listening to each other’s arguments and hearing what we are saying—not merely repeating one’s starting position. I was saddened to hear the Minister repeat what we debated last night when the noble Lord, Lord McNally—I join in wishing him a very quick recovery—repeated this stuff and nonsense about the equal weight of votes. Indeed, he did not seem fully to have wrestled with the concept because he thought we were talking about something to do with differential turnout.

Differential turnout has nothing to do with it. In a majoritarian system only some votes affect the result of a general election. Those are votes cast in marginal seats. Everybody else’s vote has no weight whatever, except in so far as it is used to claim that the system is biased in some way after the election. Sadly, under our system most people might as well not bother going to the polls for all the chance they have of affecting the result. To talk of some cast principle of equal weight for equal votes when our system embodies a quite contrary principle seems wrong. Moreover, it is sad that it is still being repeated after 13 days of argument

[Lord Howarth of Newport]

My noble friend has been very generous and tolerant. Does he share my puzzlement that the Government are so obsessed by this question of exact numerical equality across electorates in different constituencies, given that the existing distribution of electors across constituencies in this country is not out of line with what is found in other countries, such as Canada, France, Australia and the USA? The Minister expressed his great concern that there was a 41 per cent difference between the size of the electorate in one constituency and another. However, is it not the case that in the United States of America, where it is generally held that the distribution of districts for the US Congress is pretty equal, there is an 88 per cent difference between the electorate of a single seat in Montana and the electorates of two seats in Rhode Island? There is nothing particularly out of line in our existing arrangements by international standards. Unless we are prepared to tolerate some numerical inequality, we will get the absurdity that all sorts of other valid and important factors will be too much discounted.

[Lord Lipsey]

My Lords, I come to another point that the Minister appeared not to have absorbed fully in our earlier discussions. He again said that there was constant upward movement in the number of seats in the House of Commons. This is simply incorrect. In 1918 there were 707 seats in the House of Commons— 57 more than there are today. In 1983 there was precisely the same number of seats in the House of Commons as there is today. The figure varies, and I agree that there is a flaw in the rules at the moment. It is like the Schleswig-Holstein question; I have forgotten exactly how it works but it has something to do with the use of the harmonic mean. There is a flaw in the rules that can tend, if not otherwise compensated for, to raise the number of seats. You just deal with the flaw; you do not need a Bill of this kind to deal with that. It simply is not true to say that the number of seats has increased.

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[Lord Harris of Haringey]

I am particularly grateful for that intervention because I can see the value of such an analysis, though I must admit that I was not previously aware of that historical fact.

What is it that creates a community? Do we value community in terms of representation? I should have thought that for the quality of our democracy we want to value the quality of representation and the way in which there is a link between the community that elects a representative and that representative. It is interesting that if you look at constituencies and the history of where there has been division by a river, you see this problem. For example, my noble friend Lady Morgan of Huyton talked about the Mersey. I have a report from a Boundary Commission inquiry into that issue. The Boundary Commission clearly wished to cross the Mersey on that occasion but was overwhelmed by the nature of the representations. It stated that,

“local opposition is a factor to be weighed, but it cannot of itself be decisive”.

It went on to say that,

“the unusual factor in this case, is this: opposition to the proposed cross-Mersey constituency is voiced by all political interests as well as a number of individuals without any party political affiliation. The Commission will know whether such practically universal opposition to an aspect of their Provisional Recommendations is unique. However, if not unique, I suspect it is something which is rarely found”.

Another inquiry report looked at crossing the Clyde. The inspector concluded,

“that strong feeling exists on this issue on both sides of the Clyde and that none of it is supportive of the Boundary Commission’s proposal for a river-spanning constituency … It is I think significant that their opposition does not appear to have a connection with any party political advantage that might be derived from having or not having a cross-river constituency but it is based purely on a conviction from their local understanding that an attempt to span the Clyde is quite simply wrong for the area”.

The report went on to talk about the differences between the communities.

That is why we should recognise those considerations regarding the Bill. I particularly want to speak, but shall not speak at length, about Amendment 75ZB, which deals with constituencies not crossing the Thames. I appreciate that those who are not part of London may not realise that there are such strong feelings between the north and south of the city. I speak as someone who, although an unabashed north Londoner, has had the privilege of representing the whole of the city when I chaired the Association of London Government, now London Councils. I was very well aware of the strong feelings between the north and the south. It goes into every aspect of community life. A study published just a few weeks ago demonstrates—I think this is fascinating—that 54 per cent of Londoners living north of the River Thames never, not occasionally, but never, venture south for work or cultural pursuits. It is interesting that south Londoners are more likely to go north. I make no comments about the quality of life in south London or about whether anyone would wish to travel south. I have travelled south of the river on many occasions for cultural pursuits. However, it is interesting that more than half of north Londoners have never done so. If that does not indicate that there is a difference in terms of community feeling, then nothing does.

The same survey demonstrates some quite interesting findings about the different interests of north Londoners and south Londoners. I am a north Londoner, and 55 per cent of north Londoners rated eating out as one of their top three interests, followed by the visual arts and popular music. While eating out and visual arts also ranked highly for south Londoners, they were more likely to enjoy the capital’s performing arts, heritage, classical music and markets. Again, I make no judgment about that. The indication is that on these issues alone there is a distinction in the approach of north Londoners and south Londoners.

Where does this come from? In the 1850s, London was already the world’s wealthiest city, but that success had come at the expense of many of the people of London. Population growth and overcrowding had created a divided city, with Londoners living in separate worlds of rich and poor. Up to half of those born in the capital’s slums did not survive their first year. However, not only the poor died young; tuberculosis, smallpox, cholera and typhoid also killed the rich. The significant point was that London had failed to provide clean water, basic sanitation and housing for its growing population. In its analysis, the People’s City, the Museum of London stated:

“The deadly River Thames flowed like an open sewer through the heart of the city”.

That open sewer feeling is the reason why the divide is so deep and cultural between the different parts of the city.

Even more modern literature reflects this. Wise Children, the novel by Angela Carter, centres on a particular family and focuses on the distinctions between members of the family as represented by the physical divide of the River Thames. A very deep-seated difference exists between north Londoners and south Londoners.

If we are to have any concern whatever about the importance of geography and community to representation in Parliament, we have to take these issues into account. If the Government say that that would wreck the central purpose of the Bill of fair representation, I would ask two questions: first, will they consider an alternative which changes the value of the votes of Members at the other end of the Corridor; and, secondly, what is the value of fairer representation if you destroy the basis on which it rests in the communities that elect Members of Parliament?

[Lord Howarth of Newport]

My Lords, over the centuries, rivers have been essential to the characters and fortunes of the cities of this country. My noble friend Lord Harris of Haringey has given an account of the significance of the Thames in the life of London. In Our Mutual Friend, Dickens compellingly describes the myriad human lives on the Thames; the power of the river is a symbol of the power of the city.

The noble Lord, Lord Cavendish of Furness, suggested, as a general proposition, that rivers unite while mountains divide. However, some of the speeches in this debate have demonstrated that that is too simple an antithesis. My noble friend Lady Morgan of Huyton has described convincingly the divide that the Mersey creates. Equally, I agree with my noble friend Lord Harris that the character of London south of the river feels and is profoundly different to the character of London north of the river. On the other hand, Newport, which I had the honour to represent in the House of Commons, is a city united by its river. Notwithstanding that the River Usk has one of the largest tidal rises and falls of any river, the history of Newport as a port astride the River Usk—and its subsequent history when the port was less important to its economy—has produced a state of affairs in which the Usk unites Newport West and Newport East very satisfyingly. In Norfolk, where I now live, the fortunes of the city of Norwich grew with the commerce and traffic on the River Yare, while the fortunes of King’s Lynn depended on the traffic on the Great Ouse. The tragedy of King’s Lynn was that the Great Ouse silted up and the town’s greatness waned from that point onwards.

Whether rivers unite or divide—or whether, indeed, there is no river, in which case it is not an issue—almost all our major cities and towns have grown up astride a river and, I would say, have been unified by a river. Birmingham is an oddity; it is perhaps the one great city in this country that does not have a river. I broadly accept the proposition of the noble Lord, Lord Cavendish of Furness—with the important exceptions that have already been discussed—but the point is that this matters and people have strong feelings about it. It is foolish of the Government to design legislation that will, in practice, make it difficult for the boundary commissioners to take adequate account of this extremely important factor.

The Government will certainly say that, under rule 5 in Clause 11, the Boundary Commission has a measure of discretion to take account of important geographical factors. However, as we have argued almost to the point of wearying ourselves and others, because of the other constraints in the Bill it is not possible for the boundary commissioners to give proper attention to this. Given the exceptions outlined in rule 5 to take account of geographical considerations, the alignment of local authorities—presumably one of the problems about the creation of the constituency of Tyne Bridge was that the Member of Parliament representing Tyne Bridge would have to relate to different local authorities on either side of the Tyne—local ties and inconveniencies, on all the grounds set out in the rule it must be right for the boundary commissioners to be able to take account of the significance of rivers.

The consideration of the significance of rivers has underlined the point that we have been making again and again. We need two things: a wider tolerance than 5 per cent either side of the numerical norm; and a continuation of the rights of people to give evidence to the boundary commissioners in public inquiries. If they were able to do so, my noble friends Lord Graham of Edmonton, Lord Dixon, from Jarrow, and Lady Armstrong of Hill Top—all of whom have spoken eloquently and with strong feeling about the significance of rivers in the parts of England that they understand intimately in political terms and about which they care deeply—would give evidence to those public inquiries and press on the boundary commissioners the fact that, while appearing to be, perhaps, an accident of geography and history, this is a factor of emotional, almost visceral, importance to the people whose lives are made on these riversides.

[Lord Grocott]

On this point, I should say to my noble friends of many years, Lord Graham and Lord Dixon, that the idea of a member of the Boundary Commission sitting in London reading their written submissions on the feelings that they have about the communities in which they were born and brought up is evidence of the unacceptable way in which the Government have decided how boundaries will be determined in the future. In no way can the feeling behind the words that we have heard today—which will not be allowed under the legislation—be conveyed by means of a written submission.

[Lord Howarth of Newport]

My noble friend is right. Communities and territories will be divided up, presumably on a computerised calculation, in a way that entirely ignores the feelings that, rightly and powerfully, animate people in their political views.

The Boundary Commission in its wisdom—or in its unwisdom—made a judgment some time ago that the constituency of Tyne Bridge should be created and no doubt vigorous representations were made then. However, the fact that it got it wrong on that occasion—if it did get it wrong, and I am persuaded by my noble friend Lord Graham of Edmonton that it did—does not mean that it should not have to take account of the expressions of public opinion that would come to it through public inquiries.

Building into the Bill one exception after another to take account of specific circumstances is not the right way in which to legislate on this matter. It would be much better if the Bill were constructed on general principles that enabled the boundary commissioners to make sensible judgments and decisions.

[Lord Walton of Detchant]

My Lords, I have no wish to delay proceedings and I shall be extremely brief. I was born in a place called Rowlands Gill on the River Derwent, a tributary of the Tyne, and I went to school in a place called Spennymoor, which later became part of the Sedgefield constituency. When I moved as a student and later spent my professional life in Newcastle, it was made very clear to me that the south began at the Tyne Bridge.

There was a story about the man from the south of England who came to Newcastle. He was walking up and down Northumberland Street and said to Geordie, “Can you show me the way to Gateshead?”. Geordie said, “Well man, it’s quite simple. Ye gan doon yon street and ye gan ower yon bridge. On t’other side ye’ll come to a whole lotta hooses and ye’ll say to yersel, ‘This canna be Gateshead’, but it certainly is”.

I make these points to stress the sense of community, which was stressed so effectively by the noble Baroness, Lady Armstrong. Newcastle and Gateshead are speaking together and collaborating very well indeed, but it is important to recognise that people in the north-east regard the Tyne as an important barrier.

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[Lord Howarth of Newport]

I shall speak briefly, but with strong conviction, in support of the amendment tabled by my noble friend Lord Myners. I have never been resident in Cornwall, nor have I had the privilege to represent a Cornish constituency in the other place. However, I have frequently visited Cornwall, it has been an important part of my life, and it has been a source of deep pleasure to me.

I had the opportunity to gain some insight into the distinctive culture of the people of Cornwall when I was a Minister responsible for heritage. I spent two days in Cornwall at a time when we were reconsidering the listed status of nonconformist chapels in the county of Cornwall. That is a remarkable heritage. They are beautiful buildings whose main fabric and furniture were constructed with extraordinary craftsmanship that derived from the boat-building skills of local people. Those skills are something of which Cornish people are very proud indeed, and are emblematic of a distinctive vigorous culture that ought to be respected.

It is not that the people of Cornwall have been introverted. It is not that they are seeking to retreat into some kind of bunker by demanding that their parliamentary representation should be contained in whole constituencies in the county of Cornwall. The noble Lord, Lord Tyler, spoke of incursions by Cornishmen into Devon. I believe that it was Cornish miners who brought football to Mexico. The influence of Cornwall throughout the world has been powerful and beneficent. I simply make the point again in this context, as I have in many others.

[Lord Davies of Stamford]

Before my noble friend leaves his personal reminiscences of Cornwall, will he tell the House—we are all full of suspense—what ministerial decision he ultimately took on the heritage status of the nonconformist chapels of Cornwall?

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[Lord Howarth of Newport]

It was a rather complex set of decisions, simply because there is a significant number of these chapels. They had been listed rather unsystematically over some years, and English Heritage and the Department for Culture, Media and Sport thought that it was time to take a more systematic look at them. In many cases, we raised the listed status of these chapels. However, I do not wish to detain the House further on that point. I simply use it to illustrate something important, which I regret to say is that this Government are apt to ignore and underestimate its value.

It is insensitive and foolish of the Government to legislate to bring about a system whereby parliamentary constituency boundaries are to be drawn through slavish adherence to rigid mathematical formulae, with a minimal tolerance of 5 per cent on either side of a quota of 76,000 electors. That does not leave adequate scope for the boundary commissioners to take account of very important considerations of community, history, tradition, identity and local ties. In this debate on Cornwall—as the noble Lord, Lord Taylor of Goss Moor, suggested —we are talking not simply about a particular set of circumstances there, although those considerations are very important, but about the unwisdom of a policy that discounts and effectively disparages a passionately held sense of identity on the part of people living in particular communities. That is not a wise thing to do in politics. It is the course that the Government appear determined to persist in. It is foolish and I hope that they will agree to the amendment of my noble friend Lord Myners, not only in deference and respectful response to views that are unanimously and vigorously presented across the political parties and across the communities of Cornwall, but in recognition that throughout the country people believe and insist that their local identity should be respected and expressed in the patterns of their parliamentary representation.

[Baroness Corston]

My Lords, I support the amendment of my noble friend Lord Myners. Thirty-five years ago I was the regional organiser of the Labour Party in the south-west of England. I spent a lot of time in Cornwall. What struck me was that whenever I went there, I would be asked one question: what is the weather like in England? People would talk about driving through Devon to get to God's own country. When I was in Devon, they would say that you have to drive through God's own country to get to Cornwall. That illustrates the tension between the two counties.

During the boundary reviews of the 1970s and 1980s, I assisted on behalf of the Labour Party. One thing that was always said was: “We don't even care if we are underrepresented so long as we keep the county of Cornwall”. I noted that the two noble Lords who spoke in this debate who have represented Cornwall in the other place—as I represented Bristol—addressed themselves to whether there should be five or six constituencies, but did not acknowledge the truth of what they must know: that their county would not wish its border to be crossed. That was my experience then. On subsequent visits to Cornwall and the Isles of Scilly, I have seen no evidence that there has been any change of view. Given the antagonism between Devon and Cornwall, it would be profoundly misguided to have any constituency crossing that boundary.