Parliamentary Voting System and Constituencies Bill

Lord McAvoy Excerpts

Monday 17th January 2011 Lords Chamber

[Lord Davies of Stamford]

I wholeheartedly agree with my noble friend. The most succinct way in which to put this issue is as follows. The Boundary Commission, charged with its very delicate task, as we know from debates this evening and from our own experience of determining a fair pattern of electoral districts and constituencies in this country, has to manage three variables. They include acceptability, which is very important and which means the degree to which the parliamentary constituency boundaries correspond to local people’s feelings of self-identity and community and perhaps how much they coincide with local government boundaries and boundaries involving other health authorities, travel to work areas and economic and social factors of that kind.

That acceptability has always been a major consideration in the mind of the Boundary Commission, which has always made great efforts to ensure that its recommendations are accepted as far as possible. That is part of making a democracy legitimate and accepted and therefore work happily, and that is why the commission has always placed great emphasis on the opportunity to have public inquiries on its recommendations. It has not run away from that at all. As I am sure the Leader of the House will remind me if I go on any further, that is a subject of further amendments, so we will have other opportunities to discuss that very important matter. The Boundary Commission has always recognised that acceptability is a very important aspect of their work.

The second issue is the extent of the uniformity of numbers. The Boundary Commission has always felt that, other things being equal, it was always desirable that constituencies should have the same numbers. Other things are not always equal, and so it has often made recommendations that do not involve very equal numbers in constituencies. Nevertheless, that has always been a principle at which it wanted to aim.

There is a third criterion, which the Government are introducing now—the actual number of seats that emerge. We all know that there is a trade-off between these things, and that if you have greater acceptability you will have greater variation in numbers because the commission will be more elastic in accommodating local susceptibilities, but at the expense of having some constituencies that have different numbers of electors than other constituencies. Equally, if you enforce a particular ceiling such as 600, you very much restrict the ability of the commission to achieve either of the other two purposes—uniformity of numbers or acceptability. There are three variables, and there is a trade-off between the three. That is inevitable; any system that you had would involve a trade-off between the three. The question is whether you honestly recognise those trade-offs or whether you do not.

My own view is that of these three criteria, two are recognisable general principles. Acceptability is a general principle. It is something that we can all say is right in theory and principle. We want to aim towards it; it is part of the good in our constitution, not part of the bad or dysfunctional. Equally, it is very desirable that we should as far as possible have constituencies of equal numbers, so that everyone has the same weight in terms of their representation in Parliament. Again, that is a general principle. It is part of the good in a constitution, not part of the bad or the dysfunctional. I put it to the Committee that a particular number is not a general principle. Six hundred or 650 is not a general principle, and neither is 525 or 535—whatever the Liberal number was. These are just pragmatics and incidentals. They are the result, or should be, of achieving the optimum trade-off or reconciliation between the two general principles.

My noble friends Lord Soley and Lord Lipsey have actually helped the Government, because they have provided a way by which they could achieve what the Government really want—what all of us really want: a system that is as acceptable as possible and that as far as possible involves constituencies of equal numbers. We could do it by leaving it to the Boundary Commission to come, as it always did, to the consequential conclusion as to what numbers of seats should emerge. If necessary—and I agree with my noble friend Lord Soley here—we could set an absolute maximum and give it some parameters. Fine; I would not object to that, as long as the parameters are wide enough for it to do its job without undue distortion and thereby to achieve, as far as possible, the implementation of those general principles to which all of us in this House must ultimately attach the greatest weight and importance.

[Lord McAvoy]

I wish to speak to my noble friend Lord Soley’s amendment, but before doing so I shall briefly draw attention to the comments made earlier by the noble Lord, Lord Garel-Jones—he is, unfortunately, not in his place. The noble Lord comes down from the mountains bearing great prophecies of doom because of alleged filibustering on this side of the House. Before I start on the detail of the amendment, perhaps I might give some detail from an answer obtained from the House of Lords Library by my noble friend Lord Kennedy of Southwark on the time spent on Bills in the last Parliament between May 2005 and April 2010. The Marine and Coastal Access Bill had 19 days, the Coroners and Justice Bill had 16 days, the Identity Cards Bill had 16 days, and the Criminal Justice and Immigration Bill had 15 days. It really is a pity that the noble Lord, Lord Garel-Jones, is not here—

[Lord Strathclyde]

Can the noble Lord tell us—

[Lord McAvoy]

Are we bringing House of Commons habits here?

[Lord Strathclyde]

Perhaps the noble Lord can tell us how many of those were Bills of 18 clauses.

[Lord McAvoy]

I cannot say off the top of my head, so I give that one immediately to the noble Lord. The point is that there are 300 pages here on the second part of the Bill, which is constitutional. Surely that must be recognised. That brings me to the point. Now I am being subjected to House of Commons tactics and bullying. I thought that I had escaped all that, but I will try to survive. Let us get to the context, which is that this is a constitutional Bill. I have mentioned this before but I still have a slight sense of disorientation, because when I came here I was told that this was a place of revising—a place where you take your time to study things, make points and get on with things—and that the conventions were there.

Let me say right away—and I can speak only for myself—that the difficulty I have found is that I have come through here at a time of great constitutional upheaval because of this Bill. The normal conventions have not been applied and are still not being applied because the Government are riding roughshod over that process, which is causing problems. Many Members opposite, and, I think, Cross-Bench colleagues, have made the point that people have not been obeying conventions. I have reviewed my conduct and watched what I have been saying and doing. That pressure is not allowing people like me to learn to adapt to the normal pace of events in your Lordships’ House.

In reviewing how I have conducted myself, I have certainly modified my behaviour because I do not intervene now on Ministers or on other Members, because I know full well and have realised that it is counterproductive. It does not work and the House does not like it. I have had to learn that in a compressed sense of rivalry and animosity, in many ways, particularly because the Government are riding roughshod over the House of Lords on a constitutional Bill. That is the only thing that I recognise.

An independent commission would certainly be far better than what we are getting now. I have a lot of time for my noble friend’s amendment, but it seems not to be accepted because I find that there is an element, especially from the Liberals, of, “We are the masters now”. It is like Hartley Shawcross after the Second World War. We now have an illiberal, authoritarian streak not from Conservative Ministers but from Liberal Ministers and Liberal Back-Benchers who are being dictatorial in their approach to any opposition. Before Liberal Lords fall about laughing too much, I remind them that Mr Adrian Sanders has called Danny Alexander a cuckoo in the nest because he is more Tory than the Tories now, so let them laugh at that as well.

Look at where we are. This is illiberal and authoritarian. I take the point of view that consensus, which has always been my way, is the best way forward, especially on constitutional and electoral matters. I shall give an example of why there should be consensus, and I think an independent commission would have a better chance of getting consensus. It is what happened in the Scottish devolution negotiations between the Labour Party and the Liberal Party. I very much regret the absence of the noble and learned Lord, Lord Wallace of Tankerness, because he was a beneficiary of that consensus. Orkney and Shetland got two places; Orkney got one place in the Scottish Parliament and Shetland got another. Between them, they have about 33,000 voters. I went along with that consensus because it is a way of trying to get agreement. You look at situations, and there is good will there. I will tell your Lordships' House that there is very little good will and consensus for the Liberals in my heart, especially after the deal that they have got there. If the noble Lord, Lord Strathclyde, wants to defend his Liberal colleagues—

[Lord Strathclyde]

Does the noble Lord think it would have helped the distribution of seats in the Scottish Parliament if there had been an independent commission or indeed a Speaker’s Conference on it?

[Lord McAvoy]

With the benefit of hindsight, yes, I think it would—if the noble Baroness allows me to answer because I am having a conversation here. We are reviewing the legislation and discussing, which is what I always thought the House of Lords was supposed to be like. With the benefit of hindsight, I think that would have been better because, quite frankly, my late right honourable friend Donald Dewar made a deal with the then Jim Wallace, but we have lived to see the same people who were beneficiaries of that consensus and that deal taking a completely hard line and an authoritarian attitude towards people who have got problems with their constituencies.

I have an amendment for a later stage, and I will be interested to know why Orkney and Shetland is a reserved constituency compared to my old constituency of Rutherglen. The Scottish Parliament negotiations are a clear example of why an independent commission should go ahead. Take the Isle of Wight, for instance. I think that an independent commission would give great weight to the Isle of Wight case. We have had appeals from Mr Andrew Turner, the Member of Parliament for the Isle of Wight, and a consensual letter from all the political figures in the Isle of Wight Council. That is very impressive: consensus works. I think an independent commission would have a better chance, and it would certainly look free.

I take the point made by my noble friend Lord Davies of Stamford. I do not think anybody seriously thinks that there are corrupt people sitting on the Front Bench over there who have corrupted the boundaries. I do not think that. If I thought it, I would say it, but I do not think it. However, matters like this have to be not only pure but seen to be pure, and I do not think that is the case when you get political interference with the political composition of the House of Lords. I am very conscious. I have said what I have got to say. I have said what I wanted to say. I am glad the noble—the mocking and the abuse and the verbal talk when people are supposed to be speaking is nothing less than bullying and intimidation and it really should stop. I am not used to it. [Laughter.] Well, perhaps I should say that I am not used to receiving it.

[Lord Rennard]

Perhaps the noble Lord is an expert in intimidation from his experience as a Whip in the other place. I have just been doing a little maths on this subject, and I think this is now the 19th day that Parliament has debated this Bill. There have been 19 days so far. When the noble Lord was a Whip in the other place on the then Labour Government’s Constitutional Reform Act 2005, a total of 56 hours, 45 minutes was spent deliberating on that Bill.

[Lord McAvoy]

I did not realise how busy I was in the other place. I am impressed that the noble Lord has an impression of my workload there. I do not agree with the grounds for saying that what we are doing on this Bill is not correct and proper, although I agree that there are grounds for saying that we are talking too much. However, this side of the House is subjecting the Bill to scrutiny; that side of the House is not.

[Lord Radice]

My Lords, I support the proposition put forward by my noble friend Lord Lipsey, although I also think there is a lot of merit in the proposal of my noble friend Lord Soley. I am attracted by the idea of a Speaker’s Conference, partly because I sat on one. I am not sure that many Members of this House have been on one. I was a very junior Member of the House of Commons when I served on the Speaker’s Conference of 1977-78 under Speaker Thomas. It was set up to consider and make recommendations on the number of parliamentary constituencies that there should be in Northern Ireland. It had a cross-party membership. For the Conservatives there was Sir David Renton and the late Ian Gow. The Ulster Unionists were represented by Enoch Powell and Mr James Molyneaux—now the noble Lord, Lord Molyneaux. The Liberals were represented by Clement Freud. I have not mentioned the noble Baroness, Lady Knight, who was also there for the Conservatives.

It carried out its deliberations very quickly. It took written representations. Nine papers were received from political parties and six from individuals. You can have far more than that but that is what we had. It was a contentious issue that we had to solve. We took oral evidence from the Registrar-General of Births and Deaths in Northern Ireland. The key issue was the population increase in Northern Ireland, which justified further seats for Northern Ireland. This had been resisted by different Governments. We also received evidence from the deputy chairman and secretary of the Boundary Commission for Northern Ireland and the Lord President of the Council.

We had eight meetings and resolved, by 18 votes to four, that there should be an increase in the number of parliamentary constituencies in Northern Ireland, and by 22 votes to one that the figure should be 17. We also decided—this is a matter of interest—that the Boundary Commission for Northern Ireland should be given a degree of flexibility to overcome any practical difficulties. We then agreed, by 22 votes to one, to the final recommendation that the number of parliamentary constituencies in Northern Ireland should be 17, but that the Boundary Commission should be given power to vary that number, subject to a minimum of 16 and a maximum of 18.

--- Later in debate ---

[Baroness Billingham]

My Lords, I should like to speak about something slightly different, but I am pleased to support the amendment of my noble friend Lady McDonagh.

Before I came into this House, I had the great privilege of being a Member of the European Parliament. That gives me an insight into what it is like to represent a constituency because I represented not only one constituency—as most people here will have done or will have associated themselves with—but seven Westminster constituencies. It just so happens that, before I was elected MEP, each of those constituencies in Northamptonshire and part of Leicestershire were held by men, and each of those men were Conservatives. It was a shock to all of us, including me, that I was elected then—I promise noble Lords that I have never asked for a recount—but that gave me an opportunity of working with those constituencies which, although they were side by side, were unique in themselves.

Perhaps I may remind noble Lords of those constituencies: Northampton North, Northampton South, Wellingborough, Kettering, Daventry, Corby and part of Leicestershire known as Blaby. I can assure noble Lords that, when I spoke in Northamptonshire, I always referred to my constituency as Northamptonshire and Blaby, but it will come as no surprise to anyone that, when I was speaking in Blaby, I called it Blaby and Northamptonshire. I learnt so much working with all those constituencies. Those were places that have developed over the years and over generations. They are not areas from which people move away, as people tend to stay in rural and middle-England areas such as Northamptonshire. Generation after generation can be traced back in those villages. I would urge enormous care to be taken on making too many radical changes in such constituencies.

Each of those constituencies had political divisions within them, but they also had things that united them. If there was ever a threat of a hospital closure, you can be assured that people would all be out on the streets together. In other ways, too, traditional industries were represented quite separately in those seven constituencies—one need only think of Northamptonshire’s old boot and shoe industry. Within a decade, we lost 22,000 jobs. One of my roles in those constituencies was to try to get the European Parliament to provide further support, which we achieved very successfully.

Noble Lords will also remember that Corby was a steel town that had more than its share of misfortune. The whole of that industry was wiped out in the 1980s, but you will recall that the people who arrived in the 1930s to work in the steelworks came down from Ravenscraig in Scotland. I could take you tomorrow to primary schools in Corby where you would not believe that you were not still in Ravenscraig, because the accents are still so strong. The constituencies were unique and the boundaries really mattered.

[Lord McAvoy]

On Corby, I agree with and understand my noble friend’s point about Scotland. Is she aware that there is even a Rangers FC supporters’ club in Corby?

[Baroness Billingham]

I most certainly am aware of that. On a Friday night, if you asked anyone in Corby, “What are you doing at the weekend?”, they would say, “We are going home”. I would say, “But you have lived here for the past 50 years”. Coaches were lined up in the high street for the supporters—some to watch Celtic and some to watch Rangers. Traditions died hard in Corby.

What I am trying to say is that we should not upset the apple cart by making radical changes. The development of the composition of constituencies and the way in which they function is important, not only politically but to the organisations that strive to make their constituencies better.

Finally, let me say that I had a great opportunity in 2000 to look even more closely at the constituency, when I was asked to chair an urban regeneration company in Corby. For five years we rebuilt the town: we built a new city centre, new schools, new roads and 22,000 new homes. One would have thought that the surrounding constituencies would have been jealous, but not a bit of it. The villages worked together in the county council because people knew that the need in Corby was extremely great. They supported the planning applications and the funding, and the result is there for all to see.

We should look very carefully before we tear up historic and important places where people not only want to live and work but enjoy living and working, and where they want their children to live and work and to have some sense of history. We should be aware of what we have at our disposal and of the jewels that are already in our hands.