Parliamentary Constituencies Bill

Lord Janvrin Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 8th October 2020 Lords Chamber

Amendment 11 simply seeks to import this principle into the terms of the appointment of the two members of the Boundary Commission. The only objection seems to be that having a renewable term will make it easier to attract good candidates and then review their performance to ensure they are doing their job properly. In my view, the second reason is plainly contrary to principle, and the first is untenable, given the new cycle of the work of the Boundary Commission. Let me deal with that point: the move to an eight-year or 10-year cycle for the Boundary Commission—I do not wish to commit myself to either at this stage, but I take it now to be 10—means that the commission will have a period of intense activity for two to three years every 10 years. Thus, appointing a person to the office for a single term, probably for eight or 10 years, will better fit into the new cycle, rather than the shorter-term appointment renewable for a further term. The longer term will not discourage the appointment as any candidate will know of the cycle and the period in which there will be intense activity. When they are not active, they will have time to obtain the necessary skills and experience. Each of these three ways set out in the amendment will ensure that the Boundary Commission, in its new role, is fully independent and seen to be so. I beg to move.

[Lord Janvrin (CB)]

I support the amendment in the name of the noble and learned Lord, Lord Thomas; I do so because the impartiality and independence of the Boundary Commission assumes greater importance if automaticity of the implementation of the commission’s findings is accepted under this Bill. I readily accept that the Government understand this, as the Minister pointed out so clearly in Committee. If that is so, it surely makes sense to consider ways to strengthen the impartiality and independence of the commission to meet these new circumstances. The three proposals put forward by the noble and learned Lord, Lord Thomas, in this amendment to achieve this are simple and straightforward and he explained them comprehensively in moving the amendment.

The appointment of the deputy chairman by the head of the judiciary, rather than a political Minister, is a reversion to the practice before 2005, when the nature of the Lord Chancellor’s role changed. It brings England, Wales, Scotland and Northern Ireland into line. It would significantly reduce the scope for accusations of political interference, whether real or perceived, in the future.

Changing the appointments process to one more akin to judicial appointments follows the same logic. It is not a criticism of the public appointments system but a recognition that appointing members of the Boundary Commissions must be seen to be in a special and quasi-judicial category. They are crucial arbiters of the integrity of our electoral system. The introduction of non-renewable terms of appointment merely brings these appointments to the Boundary Commissions into line with other constitutional and political watchdogs and regulators.

As has been said, this is about reality and, above all, perception. We are talking about small changes aimed at strengthening the real and perceived impartiality of those who define the framework of our electoral system. We are talking about small changes, but they are changes that might increase trust in elections, politics and the way we are governed. I strongly support this amendment.

[Lord Thomas of Gresford (LD) [V]]

My Lords, I was unable to take part in the Second Reading or the Committee stage of the Bill, but I have read Hansard in full. The importance of the issue raised by this amendment is such that I had to support the noble and learned Lord, Lord Thomas of Cwmgiedd, in this debate. What struck me was that the Minister’s reply in Committee was a stout defence of the status quo as regards the appointment of commissioners. It did not recognise the fundamental change to our democracy made by this Bill. The exclusion of any parliamentary procedure to approve the recommendations of the commissioners is presumably designed to prevent any suggestion of gerrymandering. The political party in power, with a sufficient majority, could control the alteration of constituency boundaries. I welcome, therefore, the change.

The fact, however, that the final shape of the boundaries is determined by the commissioners’ recommendations in their report, without any parliamentary oversight or scrutiny, means that they must be—and must be seen to be—completely impartial. I have attended Boundary Commission hearings where I have endeavoured to put forward the case most favourable to my party—and representatives of other parties present did precisely the same. The commissioners, who are not as familiar with the political geography of a constituency as are the party hacks pleading their cases before them, must consider the evidence of population changes and the submissions made to them. In so doing they are obviously acting in a judicial capacity, as the noble and learned Lord, Lord Thomas, has made clear.

The boundary change that affected me most personally was in 1983, when I was the candidate in Wrexham and the sitting Labour Member of Parliament, Tom Ellis, joined the SDP. Naturally I stood down in his favour at the next election, and as it approached I thought I was out of the contest. However, the boundary commissioners stepped in and created a new constituency called Clwyd, South-West. Since Tom was born and bred in Rhosllanerchrugog, part of the new constituency, he moved there, and I, born and bred in Wrexham, fought Wrexham. Needless to say, we both lost. In Tom’s constituency, the previous Labour vote was split: 13,000 went to the SDP and Labour’s candidate, Denis Carter—the much-respected Chief Whip in the Lords in 1997—came third, with 11,000. The Tories won with 14,000. A later Conservative candidate for that constituency was an unlikely old Etonian by the name of Boris Johnson. He lost.

I hope that I may be forgiven for this anecdote: I mention it to illustrate how crucial the decisions of the Boundary Commission can be in the lives and careers of individuals and the life of political parties. The noble and learned Lord, Lord Thomas of Cwmgiedd, has put forward a proposal that ensures the impartiality of the Boundary Commissions. In Committee, the Minister did not explain why there should be a distinction between England and Wales on the one hand, and Scotland and Northern Ireland on the other, in making appointments. Why should a political figure with his own constituency to nurse, the Lord Chancellor, appoint the commissioners in England and Wales? The only reason given by the Minister was that it has always been so. However, he knows that the nature of the office has fundamentally changed, and by this Bill so too is the role of the commissioners: they have the final say. That is a clear and obvious distinction, and is very different from the normal run of public appointments.

Secondly, the amendment calls for an independent panel to consider the applications and to put forward to the Secretary of State not a choice but a single name, which may be rejected, but only on the single ground that the candidate is unsuitable. Furthermore, if the candidate is rejected, the Secretary of State must give his reasons, and such reasons could, if necessary, be scrutinised by way of judicial review, which would test the legality and rationality of the decision. That is another safeguard against political bias.

Finally, the noble and learned Lord, Lord Thomas, proposes that the appointment should be for a single non-renewable term. That is entirely appropriate, given that the members of the panel have to make a quasi-judicial decision. That is why we give tenure, as other noble Lords have said, to our judges. The decision must be seen to be uninfluenced by the fear that it will upset the political interests of the ruling party, or by the hope of re-appointment. I wholly support this amendment.

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[Lord Wills (Lab) [V]]

My Lords, I want to say a few words in support of the amendment, to which I have put my name.

In Committee, your Lordships heard a lot about the incompleteness of the electoral register and about the 8 million or more who are eligible to be on it but are not and are therefore unable to vote. We could, and should, do better in securing a more complete register. The noble Lord, Lord Shutt, who so ably chaired the Select Committee on which I served—it was a pleasure to serve under him—has set out the compelling reasons why this is so important.

The amendment asks the Government to produce proposals to improve the completeness of the register. I can see no reason for that to be resisted unless, despite what they have said repeatedly, the Government do not want to improve the register’s completeness. Beyond that, the amendment encourages the Government to make improvements in one area of the electoral register that particularly needs improvement.

As the Electoral Commission and many others keep pointing out, and as the noble Lord, Lord Shutt, has just demonstrated, the number of attainers on the register has fallen significantly over the last few years. Between 2015 and 2018, the registration rate for eligible 16 and 17 year-olds almost halved, and the introduction of individual electoral registration, for various reasons, has been a significant driver of such decline.

Quite apart from the general imperative, which, again, was much discussed in Committee, to ensure that the boundaries of parliamentary constituencies should be drawn on the basis of the most accurate and complete electoral register possible—the noble Lord, Lord Shutt, has just reminded us of those arguments—there is, I believe, another reason why the amendment matters. Attainers are not the only group significantly underrepresented on the electoral register but they are important in one particular respect: Parliament makes the laws that shape the country that they inherit, so it must be right to do everything possible to ensure that they have every opportunity to shape Parliament.

I recognise that there may be libertarian concerns that registration should not be automatic but a matter of choice for individuals. However, the measures suggested in the amendment would be enabling; it is not a back door to compulsory voting. It would still be for the individual to decide whether or not to vote, but individuals cannot make that choice if the process of registration has passed them by—and the data show that all too often, that process does pass attainers by.

There may also be concerns about privacy. But as more and more services move online, the Government have developed some considerable expertise in securing the privacy of users. I support the amendment on the basis that the Government would be able to address any such concerns if and when they introduced any measures to increase the electoral registration of attainers.

The amendment would require the Government to take steps to improve the completeness of the register, and would encourage them to do so, for the young people who will inherit this country from us. I therefore hope that it is an amendment that all sides of your Lordships’ House will support.

[Lord Janvrin (CB)]

My Lords, I too—alongside the noble Lord, Lord Wills, who has just spoken—was a member of the Select Committee on the Electoral Registration and Administration Act 2013 so ably chaired by the noble Lord, Lord Shutt. I have added my name to this cross-party amendment, as I continue to believe that the Government should address the issue of the completeness of the electoral registers as a matter of priority, and certainly in the context of this Bill.

As has been made clear, the amendment has evolved since Committee, with its focus on completeness and on attainers. I want to make three brief points on Report. First, I entirely accept that the Government recognise the importance of the issue of completeness, and that they are well aware of the missing millions, and of the evidence that we do not perform well by international standards. In Committee, the Minister said that they were not complacent, and that there was work in hand to address some of the issues. If that is so, it would be a very small step for the Government to agree to a deadline for bringing forward further proposals, particularly in the light of the committee’s recent report. It would show a sense of urgency, which is important.

Secondly, the focus in the amendment on doing something about attainers is worth highlighting. Attainers are in a different position, and this has always been recognised, in that their names can be considered for entry on the register before they attain the right to vote. As the noble Lord, Lord Wills, said, there is significant evidence that registration rates for attainers have dropped markedly in recent years. Therefore, there is real cause to focus on them.

Thirdly, my reading of the amendment is that it is compatible with the Government’s position on automatic registration. I understand the Minister’s position that, in principle, registering to vote and voting are civic duties. The amendment does not seek to challenge the Government’s view, in that it would be perfectly possible to accept it while holding firm to that principle. I hope that the Minister will be able to accept this modest amendment as a way of working towards fairer constituency boundaries based on better data. It may be modest, but it is important in the wider context of the integrity of our democratic process.

[Lord Lexden (Con)]

My Lords, I back this amendment with some vigour as the last of a cross-party group of colleagues who worked together in great harmony as members of the Select Committee established under the genial chairmanship of the noble Lord, Lord Shutt of Greetland, to consider the impact on our electoral system of the Electoral Registration and Administration Act 2013.

I note in passing that, when the legislation that became the 2013 Act was going through this House, I pressed for the swift abolition of the 15-year limit on the right of our fellow citizens overseas to vote in our elections. Though that has been promised in three successive Conservative manifestos, seven years have passed without action.

It has to be said that other members of today’s cross-party group behind this amendment worked much harder than I did on the recent Select Committee. However, lazy though I was, I quickly came to share their conviction that there was no more important issue in electoral affairs today than the need to improve—and improve substantially—the completeness of the electoral registers. It is a theme that runs throughout our report, published in June. Like my colleagues, I was struck by the extent to which we compare unfavourably with some other major democracies.

This simple little amendment would help not insignificantly to make our registers more complete. It is universally acknowledged, as we have heard in this debate, that not nearly enough of tomorrow’s voters aged 16 and 17 are being brought on to the registers in readiness to cast their votes when they become 18. I have always been keen to support an intensification of the ways in which electoral registration officers can fulfil this part of their duties. As I have mentioned on a number of occasions in this House, Northern Ireland has set a fine example in this respect, giving EROs ready access to schools and colleges.

Today’s cross-party amendment would enable attainers to get on to the registers more readily than ever before. It would bring them directly to the gateway of democracy. Two alternative routes are proposed. Under the first, attainers would be brought automatically on to the register where EROs were satisfied of their eligibility. Under the second, attainers would be notified about the process for acquiring the precious right to vote. The first route would take attainers through the gateway of democracy. The second would bring them to the threshold and leave them to decide for themselves whether to cross it and secure for themselves participation in our democracy. For those who believe that registration should be a matter of individual choice, the second route will seem preferable. But within the Conservative Party, there are many who regard registration as a matter of duty that everyone should be obliged to fulfil, as my noble friend Lord Cormack has pointed out in this House many times.

Finally, might I be permitted a brief historical comment? When election registers were introduced in the 19th century, the political parties fought tooth and nail in the courts to get their supporters on to them and keep their opponents off. Today, the supporters of this amendment from all parts of the House want to see the registers become as complete as possible. Is that not a cause for some rejoicing?