Parliamentary Voting System and Constituencies Bill

Lord Mackay of Clashfern Excerpts

Wednesday 19th January 2011 Lords Chamber

[Lord Falconer of Thoroton]

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

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

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

[Lord Mackay of Clashfern]

I think that I am right in saying the amendment of the noble Lord, Lord Lipsey, relates to the electoral quota. It cannot be right to use population as the basis for calculating size of constituency with the 95 per cent to 105 per cent variation proposed in the amendment moved by the noble and learned Lord last night—I am assuming that the Government may think kindly of it. On that basis, the numerator and the denominator have to be in the same currency: either population or electorate. You cannot have the top of the fraction as electorate and the bottom as population.

[Lord Falconer of Thoroton]

That may be right. What I understand the amendment of the noble Lord, Lord Lipsey, to do, though he must defend it, is replace both the denominator and the numerator, because he puts the total population at the top of the fraction and the number of constituencies, less the two—or now the three—at the bottom and gets to the figure that way. I am not sure that I am following the noble and learned Lord.

[Lord Mackay of Clashfern]

The figure is essentially a portion of the population, whereas once you get to the stage of calculating size of constituency with the 95 per cent to 105 per cent variation, it is the electorate that is so far used. I have not seen an amendment which deals with that relationship. Both bases of calculation have to be the same. Which is the better one, I am not saying, but they both have to be the same.

[Lord Falconer of Thoroton]

As far as I understand it, the noble Lord, Lord Lipsey, is taking U as the total population in Rule 2(b) rather than the registered electorate and dividing it by 600 minus 2, now 3. That then produces something called the electoral quota. Paragraph 2(1)(a) of the new schedule states that the electorate of any constituency shall be no less than 95 per cent of the United Kingdom electoral quota and no more than 105 per cent. I assume that we do not need as a matter of drafting to amend paragraph (2)(1)(a) because the electoral quota is simply the number of the population. Therefore, it will be assumed, I assume, that it can be 5 per cent lower than the total population or 105 per cent of it, not 95 per cent or 105 per cent of the registered electorate. The noble Lord can explain it, but I think that it is consistent. I am sure that it is clear to everybody. [Laughter.]

I am rather against that approach. [Laughter.] That is ultimately because the way that our system works is that Parliament defines who is entitled to be on the electoral register. By doing so, it is in effect defining who is entitled to participate in the process of elections. It would be wrong therefore, as a matter of principle, to seek to define constituency boundaries by reference to people, some of whom may be entitled to be on the electoral register and some of whom may not. You will therefore find, for example, that there are constituencies in particular areas—I have in mind central London constituencies; for example, the City of London as well as Kensington and Chelsea—where the population is very high and appears to be very much larger than those on the electoral register.

--- Later in debate ---

[Lord Foulkes of Cumnock]

My Lords, this is an important amendment and my noble friend Lord Lipsey has shown foresight in raising the matter. He will also have seen Amendment 79, which is in the name not of one of our colleagues on this side but of the noble Lord, Lord Teverson. The number of constituencies named in that amendment include not only Orkney and Shetland, the Western Isles in their Gaelic name and the Isle of Wight, but the Isle of Anglesey, Cornwall, the Isles of Scilly, the Highland Council area and Argyll and Bute. As my noble friend said, a number of us have tabled amendments in relation to areas that we have a particular knowledge of. My noble friend Lord McAvoy tabled one in relation to the Royal Borough of Rutherglen, which includes Cambuslang and Halfway, if I remember correctly.

I tabled an amendment in relation to the city of Edinburgh, arguing that Edinburgh should continue to have five constituencies once this boundary review is over and that that should be an instruction to the Boundary Commission in Scotland. There are a number of other amendments in relation to this, such as Amendments 66C, 78B, 79C, 79, 80, 81, 82, 85, 85A, 85B and 85C, which we will discuss.

My noble friend Lord Lipsey, with his usual sagacity, foresight and burning of the candle at night, has managed to table an amendment that, if the Minister was wise, he would see was like the amendment to Part 1 moved by my noble friend Lord Rooker. That amendment gave the Government flexibility in relation to dates for the referendum to be held on AV so that if any changes took place, the Government would not be forced to hold it on 5 May: they could have it at any time up to 31 October. This amendment also gives the Government flexibility, which is very wise.

I will not now argue the case for the five Edinburgh constituencies. I have a lot to say about them. I have a tour d’horizon for them just as I had for South Ayrshire—or Carrick, Cumnock and Doon Valley as it is now. I would like to describe some of the important facets of Edinburgh constituencies, but I will leave that until we get to Amendment 80. In the mean time, I am keen to support the amendment in the name of my noble friend Lord Lipsey, which gives us this necessary flexibility.

[Lord Mackay of Clashfern]

My Lords, it is clear to me that the amendment is correct. Therefore, I hope that the Government will accept it. It is simply a drafting amendment to take account of changes that have been made—and if the noble Lord is correct in his prophesying, some further changes will be made. This amendment takes account of that in an accurate way. There is no question of discretion or anything of the kind. It is simply a drafting amendment that takes account of existing changes.

[Lord Falconer of Thoroton]

I agree with the noble and learned Lord, Lord Mackay of Clashfern. My experience as a Minister was that when an amendment was passed even in opposition to the Government in Committee or at any stage of the Bill, the Government would bring the Bill up to date. Therefore, when it went back to the other place it would be a coherent Bill on which the Commons could then form a view about which amendments to accept. I completely agree with my noble friend Lord Lipsey. I hope that the Government will indicate that they will make the necessary amendment to reflect what happened earlier on today.

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[Lord Campbell-Savours]

I had a fairly large prisoner mailbag. Prisoners get full service from Members of Parliament. Not only did they get full service, I visited prisoners from outside my own constituency on several occasions, including some of the most violent of offenders. Their stories were absolutely fascinating. It is a very interesting area of political representation.

[Lord Mackay of Clashfern]

At present, the law states that prisoners are disqualified under an Act of Parliament and, unless and until that is changed by Act of Parliament, there is no question of having to cater for them in this Bill. If and when a Bill is produced to change the 1870 Act—although I understand what the noble Lord is saying about that—it should answer the kind of questions that the noble Lord, Lord Knight, has asked. Until that happens, the law is as it has been since 1870. I am not going to deal with the merits of the issue, except to say that we believe in the rule of law, part of which is our country’s subscription to the European Convention on Human Rights and obedience to the decisions of the European Court of Human Rights. That court has said in this case that a blanket ban is wrong, which leaves at least a certain amount of discretion to Parliament and the Government to decide what the change is to be. Until that happens, it is not for us here to speculate, because there is plenty for us to deal with in this Bill without introducing more material into a Bill that is not yet drafted.

[Lord Dubs]

My Lords, I very much agree with what the noble and learned Lord, Lord Mackay of Clashfern, has said. Let me therefore briefly add some comments. When the time comes, which I hope will not be too long, for the Government to bring forward their measure to give prisoners the vote, we will have to ensure that in that process we amend this legislation to accommodate it.