Parliamentary Voting System and Constituencies Bill

Lord Howarth of Newport Excerpts

Tuesday 8th February 2011 Lords Chamber

[Lord Soley]

I do not accept that. The advantage of my noble friend’s amendment is that it invites a considered response. If the noble Lord is right, although I do not believe he is for a moment, then this is the opportunity to look at it. This is the way that any future Government would, I hope, address the issue. Like my noble friend, I support a reduction of the numbers in the House of Commons, but we should not do it this way. You should not fiddle around with the constitution to suit your own party advantage. This proposal offers structure, which is very important. I give way to my noble friend.

[Lord Howarth of Newport]

Is it not rather remarkable that the noble Lord, Lord Garel-Jones, has just admitted that the motive of the coalition in introducing this legislation is to achieve a more favourable political structure in the distribution of constituencies to the benefit of the Conservative Party?

[Lord Soley]

There is a genuine argument about whether it automatically gives a bigger majority to the Conservative Party because all sorts of issues like turnout and so on have to be taken into account. However, the general view has been expressed consistently ever since Andrew Tyrie wrote his document in 2004 that this would benefit the Conservative Party. That is what it does. So I would say this, particularly to the Members opposite: bear it in mind that you will not be in power for ever and you will then not be in a position to complain about a Government who come in and do the same to you. I shall give way one last time, but I am anxious not to delay the House.

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[Lord Foulkes of Cumnock]

My Lords, I was swithering about whether to speak to Amendment 25A in my name and Amendment 26 in my name and that of my noble friend Lord Campbell-Savours. I got to my feet only because of the demands of the noble Lords, Lord Rennard and Lord Tyler, who said that they missed my contributions to this debate. I am very pleased to do this request number, as it were.

However, it is very important, as my noble and learned friend, Lord Falconer of Thoroton, said, to get as accurate a register as possible on which to carry out the revision of the boundaries. I am sure the Liberal Democrats would agree with that. They might not agree with our solutions and prescription, but I am sure they would agree with the thesis that it is important to get it as accurate as possible. My noble and learned friend Lord Falconer has suggested one option. These two amendments suggest two more. Amendment 25A suggests using the census, which fortuitously will come in 2011 and will give us a figure for those who are eligible to vote, together with updates that are available. My noble friend Lord Maxton commented in Committee on how the register could be updated.

Amendment 26 is even simpler. It would use those who are eligible to vote, not necessarily all those on the register. In Committee it was suggested that there might be some problems about identifying the numbers. With respect, I do not see how there can be when the Government cite the percentage of those in an age group who are registered. If they are able to give a percentage that is registered in each group in each constituency, they must know the number who are eligible. It would be far fairer to use figures that are more accurate and up to date, as my noble friend Lord Campbell-Savours said. I hope the Minister will respond to those two points.

[Lord Howarth of Newport]

My Lords, we all endorse the ambition to achieve equality between constituencies, although on this side of the House we consider that there are other factors that have been too much discounted by the Government in their proposals. However, there is the very serious question of whether the flawed data that the electoral registers provide undermine this project of seeking equalisation between constituencies. Research by Dr Roger Mortimore, investigating the 2009 electoral registers across eight study areas, found variations in the completeness of the electoral register in a range of 73 per cent to 94 cent. In some constituencies the register was thought to be that incomplete; only 73 per cent of those who should have been on the register were. His study of the accuracy of the register in those same areas found a variation of between 77 per cent and 91 per cent. In the worst instances, which could be some 50 to 100 constituencies in which the condition of the electoral register is seriously inadequate, it must cast doubt on whether the Government are realistic in seeking to achieve equality.

While we would in no way wish to discourage them from seeking to achieve equality between constituencies, we very much hope that they will conduct an energetic drive throughout the country to ensure that electoral registers are both complete and accurate. They can do this outside the terms of the legislation, so even if they do not accept these amendments they will still be free to do this if they wish. It will not be enough if they respond by saying that moving to individual registration should make a substantial contribution to solving the problem, because individual registration will improve accuracy but will certainly not improve completeness. A substantial problem will remain.

I certainly think, as we suggested in Committee, that a serious effort should be made to absorb the findings of the census, which is to be carried out next month. It would be possible for those concerned with drawing up electoral registers to begin to take account of interim findings from the census, and they should do that, just as the Government intend to use other databases to help to improve the completeness and accuracy of the register.

As it is, we are conducting this immense and controversial process of redrawing constituency boundaries on a principle that cannot in practice be carried through, given the serious inadequacy of registration. I hope we will hear from the noble Lord, Lord Strathclyde, that the Government have practical proposals as to how they will improve the condition of the registers to fulfil the objectives that we share on all sides of the House.

[Lord Strathclyde]

I recognise the importance of the subject raised in this group of amendments and I will speak to them all. I am grateful to noble Lords for raising their queries in the way that they have done.

Amendment 16J prohibits the first boundary review from taking place until all local authorities in the country have been certified as having taken all reasonable steps to ensure that the electoral register is as complete and as accurate as possible. The amendment also leaves it to the Boundary Commission to decide when the first review should be completed. The Government’s position has not changed on this issue since we debated it in Committee, because if we delay the implementation of new boundaries whereby they do not take effect before the general election in 2015, we end up with the absurd situation of electors in England coming on to the register in 2018 who were not born when the electoral data that are used to determine the pattern of representation across the UK was compiled. This should not be allowed.

As the Government made clear, action is being taken to accelerate progress towards individual registration. We are introducing measures such as data-matching schemes to help local authorities gain as complete a picture as possible of the eligible voters in their area. However, we cannot allow boundary reviews to be delayed, potentially indefinitely, which the amendment may do. It states that a boundary review could not take place until all—I stress, all—local authorities in the country had been certified as having completed all reasonable steps to ensure that the register was as complete and accurate as possible. This does not seem to be either reasonable or proportionate, given that the electoral register has been used as the basis for boundary reviews for decades. It is important that steps are taken to support registration, but we do not see this as an either/or situation; we should not tolerate out-of-date boundaries while the registration work is ongoing.

The noble Lord, Lord Campbell-Savours, asked a perfectly fair question as to why the register from January or February 2011 could not be used. The answer is that 1 December is the date by which the electoral register is published, following the annual census. The research that has been undertaken independently by the Electoral Commission shows that the register becomes less accurate throughout the year from that point. Therefore, by using the register that was due to be published on 1 December, we are addressing the concerns expressed about the accuracy of the register.

[Lord Strathclyde]

My Lords, I am very happy to do so; more than that, I will try to get a letter sent to the noble Lord overnight for him to study before we reach his further amendment.

Amendment 26, in the names of the noble Lords, Lord Campbell-Savours and Lord Foulkes, also seeks to require the Boundary Commission to estimate the number of people entitled to vote, based on data from the 2011 census and any other data available, and to use this as the basis for the electoral quota, or simply to estimate the number of the eligible electorate. There are practical difficulties in estimating the number of people who are eligible to register but have not chosen to do so. Again, the Electoral Commission has called estimating the completeness and accuracy of the electoral registers an imprecise science, and acknowledges that all current approaches to estimating the data are imperfect. That is not a solid basis on which to draw up constituency boundaries. Even if it were possible to make estimates of the total electorate who are unregistered to vote, this amendment proposes the use of data from the 2011 census. The census is being carried out, as the noble Lord, Lord Howarth, pointed out, on 27 March. Data will not be available until at least the end of the year. Data at local authority ward level, which would be necessary to make estimates that would be of any use in a boundary review, will not be available until well into the following year. It will be well into 2012 before the data set for the review can even begin to be compiled.

The Boundary Commission for England will not be able to conduct a review that allows for proper consultation and allows enough time for parties, candidates and administrators to prepare for an election on new boundaries in 2015 if they have barely begun the task at the start of 2013. Furthermore, any such estimates will doubtless be the subject of considerable critique and challenge by those with a vested interest, which might risk further delay and undermine confidence in the commissions. It is far better to base the review on the electoral register, because whatever the debate about the number of electors who should be on the registers, the number who actually are on them is a simple matter of fact.

If it is not possible to wait for the census and have new boundaries in place for 2015, then it seems to me—

[Lord Howarth of Newport]

Will the noble Lord explain why it will take such an extremely long time to get findings from the census? The Government’s computers must be grinding very slowly.

[Lord Strathclyde]

My Lords, it is a nice idea that I would able to explain that now. My understanding is that it takes that long to get the figures out. If there were a way of speeding up the process, we would have done so, because we want the most up-to-date figures available for the review to use.

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[Lord Falconer of Thoroton]

My Lords, Amendment 18F would replace the current provision of the Bill to fix the House of Commons at 600 seats with an alternative rule that would anchor the size of the Commons at its current membership of 650. We have touched down on this a few times this afternoon.

We contend that the Government have failed properly to explain why the figure of 600 seats has been identified as the optimum membership in the other place. They began by claiming that the House of Commons is a “bloated” Chamber and that the UK suffers from overrepresentation, but those arguments were quickly disproved. The claim that Britain is overrepresented in comparison with other similar-sized countries is based on a simple international comparison of numbers of elected representatives per head of population. In fact, the extent to which the UK has more representatives in the national legislature per head of the national population can be exaggerated.

As a briefing note from the House of Commons Library makes clear, the UK has roughly the same ratio as France and Italy. Of course, those calculations take account only of national legislatures and do not include reference to levels of representation beneath that tier. If we look below the national level, we see that the UK has far fewer elected officeholders per head of population than almost all comparable countries. One academic study found that, at the level of local government, the population per elected member is 2,603 in the UK, 350 in Germany and 118 in France. When subnational elected representatives are factored in, it is apparent that the UK does not suffer from overrepresentation.

In any event, there is a fundamental problem in seeking to draw simple comparisons between numbers of elected representatives in different national legislatures. Some countries are unitary states; others are federal. Some have a Westminster model; some have a presidential system. As a consequence, comparison is difficult.

A more sensible basis on which to decide what level of representation is right for the UK is to examine how the size of the House of Commons has changed over time. If the number of MPs was inexorably growing out of all proportion to the size of the electorate, there would clearly be a problem. The evidence shows that that is not the case. The Commons has not grown disproportionately in recent years. It has increased by about 3 to 4 per cent—that is, 25 Members—since 1950. However, the electorate and therefore the average size of constituencies have increased by approximately 25 per cent. That has produced a significant increase in the workload of MPs, which has in any event grown out of all proportion to the increase in population as a consequence of changing social norms, political developments and new forms of communication.

There is no evidence that having fewer MPs will reduce the demand for their services. Assuming that that remains the same, the pressure on the remaining Members and their staff will increase. If the service that MPs provide to their constituencies is not to deteriorate, they will no doubt need greater resources—employing people as caseworkers and those assisting them. The savings made by a reduction of 50 Members of Parliament are then likely to be lost, or reduced, undermining the argument that this is worthy as a cost-cutting measure.

As the initial justifications for the proposed reduction in the other place have broadly collapsed, the government Front Bench has adopted other numbers: a nice round number, now famous in this House. No wonder your Lordships’ Constitution Committee said in its report on the Bill:

“We conclude that the Government have not calculated the proposed reduction in the size of the House of Commons on the basis of any considered assessment of the role and functions of MPs”.

That is now confirmed by the Marshalled List of amendments, which includes, on page 14, Amendment 28A, which provides for a review into the proposed reduction in the number of constituencies. Your Lordships may note that the review is not due to begin until after the election, when the reduction will have happened.

The reduction in the number of MPs is a gamble based on no proper evidence, but it will be pursued anyway. The timeline was explained to us in discussion with the Government on the basis that it would be pointless to try to assess the impact of the proposed reduction on MPs before it had happened. If the reduction turns out to have a very negative impact, it will be too late to prevent it.

In most organisations, you consider the decision first on the evidence and then you take the decision. This Government take the decision, set up a body to look at it and then decide whether it was the right decision. Their approach to whether it affects our national Parliament to the total detriment of the people is, “Who cares?”. Surely the more sensible approach would be to assess the workload and responsibilities of MPs now, with a House of Commons of 650 seats, before making a change of the sort now proposed.

We believe that the case for a 650-seat Commons has not changed since the current Prime Minister, Mr David Cameron, spoke in its favour—indeed, in favour of a slightly larger elected Chamber—at the 2003 Oxfordshire boundary inquiry. Opposing proposals to alter his constituency boundaries at one of the last public inquiries to be allowed into constituency boundaries, he told that inquiry—what a valuable inquiry it was:

“Somebody might take the view that at 659 there are already too many Members of Parliament at Westminster. They may take the view, depending on what happens in the European constitution, that Westminster has less to do, with less MPs—I certainly hope that is not the case”.

Our amendment stems from a conviction that the current Commons of 650 is the most appropriate basis on which to stabilise the size of that Chamber.

Put simply, under our proposals for alternative rules, an initial UK quota would be calculated by dividing the total UK electorate by 650. That would stabilise the House at about 650, but, with a mathematical rounding up or down involved in the calculation of seats in the four parts of the United Kingdom, it would enable minor fluctuations of up to one or two seats either side of 650, which would help the Boundary Commission to deal with remainders. That will give the Boundary Commission flexibility. That seems to be plain common sense. Unfortunately, the Government have struggled to respond positively to those common-sense views.

This is an incredibly important part of the Bill. We are being asked to cut 50 seats from the primary national political body in the United Kingdom. We are being asked to fix its size in statute in perpetuity at 600 and we are not being given any proper explanation as to why that is the most appropriate size for the House of Commons. Does anyone here honestly think that that is the right way to enact such fundamental constitutional change? I beg to move.

[Lord Howarth of Newport]

My Lords, my noble and learned friend, as the House has come to expect of him, has laid out all the relevant issues with magisterial authority. However, I suggest that there is one issue that he may have overlooked, which is that the population of this country is projected to grow very rapidly in the next few decades. If we fix the number of constituencies at 600, or even at 650, we will shortly find that the average number of constituents is unmanageably large. My noble friend Lady McDonagh made an interesting and thoughtful speech on the subject in Committee. We will quickly find ourselves with constituencies of 100,000 voters, trending upwards. Something has to give. You cannot have a fixed quota and a fixed number of constituencies. If the fixed number of constituencies is to be the paramount consideration, the quota will have to jump up at frequent intervals. That is unsatisfactory.

That leads me to my second point, on which I slightly take issue with my noble and learned friend. I question whether it is appropriate for the Government to invite Parliament to determine the precise number of Members that there should be in the House of Commons. That has not been our practice in the past. The Boundary Commissions have had the discretion to recommend the number of constituencies that they judge to be appropriate, which I think is more practical and more proper. If we were to look at the case of a country in Africa—it might be Zimbabwe, Kenya or Rwanda, one of those countries whose political conduct we are quite apt to criticise and where the regime wins less than universal admiration from all of us around the House—

[Lord Falconer of Thoroton]

I think that the noble Lord slightly mischaracterises my argument. The effect of my proposal is that it will be for the Boundary Commission to determine the precise number of MPs, which might not be 650. That is the same as the current position.

[Lord Howarth of Newport]

I am hugely relieved as a result of my noble and learned friend’s intervention. However, I do not think that we should lean particularly on the Boundary Commission; it is not for Governments or politicians to suggest a desirable norm for the precise number of constituencies. Just as we would deplore the regimes of other countries whose practices we considered to be seriously illiberal determining the number of constituencies, so we should not do so here. I acquit my noble and learned friend of any such exact intention, but it is important that no one should suffer from the same misapprehension of his purposes as I did.

[Lord Foulkes of Cumnock]

My Lords, I want to say a few words in support of Amendment 18H. I am sure that the Minister will say that it is defective in some way. If it is, I must apologise, but it had to be written rather quickly because of this very short period between Committee and Report, which has created tremendous problems.

Understandably, the noble Lord, Lord Strathclyde, and I have affection for nice round figures. I can quite understand why he is attracted to 600. However, he has never produced a logical argument for that figure. It was alighted on; it was plucked out of the air. This amendment, which is in my name and that of my noble friend Lord McAvoy, suggests that the figure should be between 600 and 650. The exact figure should be recommended by the Boundary Commission following consultation with all interested parties and then approved by Order in Council, or by Parliament by some method, in time for the general election in 2015. I am not suggesting anything that would hold up this review, which should be completed in time for the general election. The Boundary Commission—I should say the Boundary Commissions, to allow for Scotland, Wales and Northern Ireland as well—should consult and come up with a figure that they consider more appropriate, taking account of all factors. I considered whether the Electoral Commission should be the body to deal with this, which may be something for discussion.

As was said in Committee, it is unique, unparalleled and regrettable when a Government decide the number of those elected to the main Chamber of Parliament. It is quite outrageous for this to be suggested. My amendment would take it out of the hands of the Government and put it in the hands of a body with some degree of impartiality and respect that can take account of the wider view. The decision will still come back to Parliament and will be agreed in time for the election in 2015.

I also thought that this might be attractive to the Liberal Democrats. On the one hand, you have 650 as an option, while someone else might suggest 600; usually the Liberal Democrats like somewhere in between and this allows for that. However, the Liberal Democrats do not seem the same as they were in the old days, when, as I remember well, they used to like these kinds of compromises and halfway houses where human rights were so important and democracy was considered to be an important element. These days, we see them trooping through in astonishingly rigid and disciplined fashion. The Liberal Democrat Whips must be by far the most successful and powerful Whips anywhere in this Parliament. They march their Members through with astonishing ruthlessness, following this great mantra set down by Mr Nicholas Clegg, who has returned from his expedition in Europe and encourages us to follow some of its patterns of activity.

I am straying. If there was a Speaker with powers—as there ought to be, by the way—he or she, more likely she, would tell me that I was entirely out of order, as indeed I am, so I had better stop.

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[Lord Tyler]

My Lords, I shall speak to Amendments 27A, 27C and 27D. I want to pay tribute to my noble friends on the Front Bench because this responds directly to a request made in Committee by my noble friend Lord Rennard and me that we should have some very simple, practical rules in the Bill to deal with the issue to which the noble Lord, Lord Bach, has just referred. These amendments together seem to us fully to meet our concerns. I think that they are practical and sensible, but they recognise that in certain parts of the United Kingdom it will be very difficult to be precise; for example, in a big city like Birmingham where the wards are very big indeed—I believe that they run to hundreds of thousands of people. In those circumstances, obviously you cannot have a hard-and-fast rule. However, Amendments 27A, 27C and 27D meet fully the requirements of a realistic appreciation that wards will indeed be the building blocks of constituency size; but we have to have some flexibility to meet the particular concerns and needs of different parts of the United Kingdom. I am very grateful to my noble friends.

[Lord Howarth of Newport]

My Lords, I have three amendments in this group: Amendments 27AA, 27BA and 27BB. These are technical amendments and I do not think that they have any political implications at all. Certainly I do not think that they do anything to challenge what the Government regard as the principles of this Bill. I am rather puzzled that in the definitions of local government boundaries on page 12 in Clause 10(3)(a), reference is made to the boundaries of each county, each district and each London borough, but no reference is made to the boundaries of other unitary authorities. If the noble Lord is able to tell me that other unitary authorities are covered by these definitions as already stated in the Bill, I have no problem; but I do not think that they are. There are unitary authorities that are not counties or London boroughs. Surely it would be desirable in principle if the Boundary Commissions, in applying rule 5(1)(b) on page 10, were to seek to avoid crossing the boundaries of other unitary authorities when drawing up the boundaries of constituencies. Professor Ron Johnston made that point in his evidence to the Select Committee on Political and Constitutional Reform of another place. He suggested that it was no more than an oversight that other unitary authorities had not been included within the clarification of terms in the Bill.

[Baroness Armstrong of Hill Top]

My noble friend might like to know that a couple of years ago Durham County became a new unitary authority and is no longer counted as either a county or as being in any of the other categories. There is, none the less, a real pride in being the new unitary authority within the old county of Durham. It would be very weird if we had to stray from wards within that area into Tyneside, Wearside or, indeed, into Cumbria, at the top of the county, and Northumberland. It seems to me that my noble friend has hit on something important—certainly in Durham we would take it as very important indeed.

[Lord Howarth of Newport]

My noble friend speaks with her characteristic sensitivity to political emotions, which are very important among political realities. She speaks with pride on behalf of the historic county of Devon. Durham—forgive me, it is late in the evening. I hope that my noble friend will forgive me.

[Baroness Armstrong of Hill Top]

We are God's own country.

[Lord Howarth of Newport]

Technically, perhaps the county of Durham is no longer a county council as such; I do not know. It seems to me all the more important that there should be recognition in the Bill of the important contemporary reality of unitary authorities.

Among his observations in debate on a previous amendment, the noble Lord noted that parliamentary constituency boundaries crossed the boundaries of a significant proportion of unitary authorities. That is not a good reason to surrender those unitary authorities, assuming that there will be no concern among the people who live within them that their integrity should be preserved when drawing parliamentary constituency boundaries—and, very importantly, the working relationship between Members of Parliament and the local authorities governing the areas, the communities, which they represent. It must be desirable that Members of Parliament deal with the smallest possible number of local authorities. The complexity, the multiplication of tasks, the time-wasting and the cost involved in Members of Parliament having to deal with a proliferation of different local authorities overlapping with their constituencies is clearly undesirable. I hope that the Government will accept that the Bill should be amended on the lines of my amendments.

I say just a word on the question of wards as building blocks. If it has to be accepted that, with the tight tolerance around the electoral quota, it will be more commonly the case than it has been hitherto that individual wards will be bisected in the drawing up of constituencies, some administrative questions follow. What is to be the subdivision of wards that the Boundary Commission will need to take account of? If it is to be polling districts, how can we be sure that local authorities will not redefine polling districts so as to frustrate the purposes of the Boundary Commission?

Those administrative processes ought to be sensibly related to each other. If we are to see the fragmentation of wards, we need some sub-unit which the Boundary Commission will respect. If it is to be the polling district within the ward—which it could be—we need a guarantee that the polling districts will not be arbitrarily chopped and changed. I beg to move.

[Lord Davies of Stamford]

I suspect that at this stage in the proceedings and at this time of night, there is not a great appetite in the House for a long speech. I want to speak briefly to my amendment, Amendment 22, which is grouped and is about wards.

It would be churlish not to start off by saying that I recognise—and am grateful and appreciative—that the Government have moved some way in our direction. The Minister will recall that I pressed him on the matter of wards at some length in Committee. After quite a long discussion, he ended up by saying that there may be,

“some merit in placing discretionary consideration”—[Official Report; 24/1/11; 713.]—

of wards in the Bill. I place on record that I recognise that the noble and learned Lord has done what he promised to do and has tabled an amendment, which he has not yet had a chance to move, Amendment 27A, which puts wards in the same category as other local authority boundaries for the purposes of the Bill.

Your Lordships may say: why are you rising at all to speak to the amendment? The reason is that there is a significant difference between what the Government propose—I recognise that they have taken steps in the right direction—and what I propose. The essential phrase in Clause 5, which all of us will remember, is that the Boundary Commission “may, if it sees fit” take into account local government boundaries. Wards are now included for the first time as a local government boundary.

“May, if it sees fit,” is a very weak indication or encouragement to the Boundary Commission to take ward boundaries seriously.

I have a greater degree of optimism in practice, because I have a great respect for the Boundary Commission and it is as familiar as we are with the strong arguments for respecting wards made very well by my noble friend Lord Bach. They are that wards are the building blocks of both local government and the major political parties in this country. To break them up or cut across them would be an attack on democracy at the grassroots. I am quite sure that neither the Tory party nor the Liberal Democrat party really want to do that. However, there is considerable merit in having a stronger formulation as in my amendment:

“Except in circumstances they judge to be exceptional, a Boundary Commission may not allow a ward to form part of more than one constituency”.

The obligation is placed on the Boundary Commission to make a case of exceptional circumstances if it decides to split a ward. That seems a much stronger formulation and I would be grateful if the Minister could say why he cannot accept an amendment which seems to encapsulate the spirit of the debate we had in Committee.