Parliamentary Voting System and Constituencies Bill

Lord McAvoy Excerpts

Tuesday 25th January 2011 Lords Chamber

[Baroness Ramsay of Cartvale]

I rise to support the amendment and, pace the noble Lord, Lord Tyler, I have never had anything to do in a representational capacity in a constituency in Scotland, since I am not an ex-Member of another place.

The noble Lord, Lord Strathclyde, will I know be very well aware of the crucial role that the Scottish Constitutional Convention played in the preparations for everything to do with the Scottish Parliament, although other noble Lords in this House are possibly much less aware of the convention and its very important role. The convention worked for some 10 years. It began in March 1989 and wound up very happily in a very celebratory meeting in 1999, when it wound itself up before the opening of the Scottish Parliament.

The convention hammered out a blueprint for the Scottish Parliament that was almost wholly incorporated into the White Paper and the Scotland Bill. The convention consisted of the Scottish Liberal Democrat Party and the Scottish Labour Party, as well as nearly all local authorities, trade unions and churches in Scotland—in fact, almost the whole of civil society in Scotland except the Scottish Conservative Party, unfortunately, and the Scottish National Party. I declare an interest here, of which I am very proud. I shared with the noble Lord, Lord Steel of Aikwood, the honour to be one of the final two co-chairs of the Scottish Constitutional Convention. In 1995, the convention launched a document entitled, Scotland's Parliament, Scotland's Right, in which it laid out its blueprint for how a Scottish Parliament should be set up and should from then on proceed once the legislation passed through the Westminster Parliament.

On the electoral system—and this is where it is very relevant to this amendment—the convention said that there should be a new method of electing Members of the Parliament. It said that the Scottish Parliament should have 129 Members, 73 elected by the first past the post system in the existing Westminster boundary areas and 56 additional Members elected from a larger geographical area through lists prepared by political parties and other organisations. The additional Members would be elected to reflect a degree of proportional representation depending on the votes cast for each list. Those additional 56 Members were to include seven Members for each of the eight European regional constituencies.

I hope that, in paying attention to what that establishes as the system for choosing the Scottish MSPs and allying it to what my noble friend Lord Foulkes of Cumnock said about the complexity of the whole system in Scotland, noble Lords will agree that because of this system—which is unique in the United Kingdom—it is crucially important that the Boundary Commission for Scotland may take into account the constituency boundaries of the Scottish Parliament. In a way, it makes the situation quite different from the rest of the United Kingdom. I support the amendment.

[Lord McAvoy]

My Lords, I suspect that not for the last time in the debates this evening I take a different point of view from my noble friend Lady Ramsay of Cartvale. The relevance of that is to do with her comments on the record of the Scottish Constitutional Convention. She says that it is relevant to what we are discussing now because it has been quoted as an example or a way of working or because the information that came from it is relevant. I do not wear quite the same rose-tinted glasses in relation to that organisation. I did not intend to speak, but as usual I failed to resist my annoyance—no, that is too strong a word and I would not say it, or not in your Lordships' House—or my reaction to the jibe from the noble Lord, Lord Tyler, about the time that noble Lords are taking to revise and review the legislation. I hope that nobody on any side of the House is intimidated by these continual jibes. We are here to revise and, I hope, to improve the legislation.

I bring myself to the relevance of the Scottish convention’s record, to which my noble friend referred. Once again we had a situation where the great and the good got together and where everybody was all caught up in an atmosphere of being nice to each other and trying to work together for Scotland. I do not criticise that, as it was with the best of intentions, but in doing so they allowed the Liberals to sucker them because the Liberals gained more out of that system than anybody else. They gained an infamous list system—infamous is the right word—of electing MSPs in Scotland. It is not even just about electing them. These list MSPs, especially the Liberals, wander all over the Westminster and Scottish Parliament constituencies, plucking the cases that suit them for political purposes and ignoring the rest. Also, instead of concentrating on the regions which they supposedly represent, lo and behold, guess where they seem to spend most of their time? Again, this is especially the Liberals. It is in the constituency where they stood as a first past the post candidate. We should not let anyone get carried away, in my opinion, by the eloquent words of my noble friend Lady Ramsay of Cartvale because it is just not right.

I also tell my noble friend Lord Foulkes of Cumnock that I am still not quite sure about the primacy that his amendment would seek to give the Boundary Commission—advice or guidance on taking more account—because the Westminster constituencies are the true measures of how the commission should go about its work. The noble and learned Lord, Lord Wallace of Tankerness, made a relevant point. There are indeed many communities, or more communities than one, in a Westminster constituency. The one that I know best, Rutherglen and Hamilton West, has about five or six with the three core ones being, as I have said before, Rutherglen, Cambuslang and Halfway. I have to tell my noble friend that I am not convinced that the Scottish parliamentary constituencies are the real thing to take account of here. I remain to be convinced. I may come back in again once I hear from the noble Lord the Leader of the House, with the benefit of his experience, and my own Front Bench but at this stage I certainly reserve my position regarding my noble friend's amendment.

[Lord Falconer of Thoroton]

My Lords, this amendment, put down by my noble friend Lord Foulkes of Cumnock, proposes that:

“The Boundary Commission for Scotland may take into account the boundaries of constituencies of the Scottish Parliament”.

Three specific points emerge from this amendment. First, it is worth while to look at the experience of the Boundary Commission for Scotland in dealing with the drawing of the boundaries for the Scottish Parliament. The experience of those involved in public inquiries was that the rules were “too rigid”. The rules, although much more rigid than previously, are less rigid than the current rules.

Sheriff Principal Kerr, who conducted a public inquiry into the West of Scotland constituencies, said that the Act,

“introduced a rigidity which had not previously existed”,

and, in the foreword to his report, said:

“Too little attention has been paid in my view to local authority boundaries, to geographical considerations, to inconveniences resulting from proposed constituency changes and to the sundering of local ties; and too much emphasis has been laid on the requirement (although qualified by the other rules)”—

which is not the position here—

“of Rule 2 that numerical proximity to the electoral quota be achieved. This consequence”,

the Sheriff Principal said,

“came out very clearly in the present inquiry and it is I think necessary to remedy it so far as reasonable, at least for the West of Scotland, in order to avoid the continuance of a sense of grievance which appears to be widely or even universally felt in some quarters”.

Point number one: the effect of too rigid rules is, in the view of Sheriff Principal Kerr, to create a sense of grievance.

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[Lord Foulkes of Cumnock]

My Lords, that was a very full reply. I am learning that, if I speak briefly, listen to the noble Lord, Lord Tyler, and do not listen to my noble friend Lord McAvoy, I make progress. In light of that, I will not say any more, but, if I bring the amendment back again, I will bring it back in the form suggested most helpfully by the noble Lord, Lord Tyler, in his contribution.

[Lord McAvoy]

Before my noble friend sits down—

[Noble Lords]

No!

[Lord McAvoy]

Is this more intimidation? Will my noble friend take the advice of the noble Lord, Lord Strathclyde, and ask the noble Lord, Lord Tyler, to act as his diary secretary?

[Lord Foulkes of Cumnock]

I am grateful to my noble friend, but on the basis of previous advice, I beg leave to withdraw my amendment.

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[Lord Touhig]

My Lords, my noble friend Lord Knight reminds us that this is day 13 of the Bill. During the dinner break, one of my colleagues told me that the Second Reading of the 1832 Reform Bill took five days alone, so perhaps we are making some progress. I was deeply impressed by the comments of the noble Lord, Lord Teverson, who made a powerful argument about Cornwall. He made the point also that Cornwall, like Wales, is a Celtic nation with Celtic people. Indeed, at some time in the past, Cornwall was considered to be in west Wales. Indeed, the region of Strathclyde was occupied by the Welsh as well and was considered to be north Wales. We have no such ambitions at present, I assure the noble Lord.

I rise to support the amendment and am therefore at the opposite end of the argument to my Welsh colleagues sitting on the other Benches, the noble Lords, Lord Crickhowell and Lord Roberts of Conwy. The noble Lord, Lord Crickhowell, made some very important points about the links between Ynys Môn and mainland north Wales. In my previous incarnation as Wales Minister, we had this novel idea called prelegislative scrutiny. I regularly came to your Lordships' House to talk to your Lordships about proposals that we had for Bills effecting Wales. The noble Lords, Lord Crickhowell and Lord Roberts, who bring extensive experience from their time as Ministers in the Wales Office, contributed to those discussions. I believe that at the end of the day we made better law as a result of prelegislative scrutiny than we are seeing at present.

The noble Lord, Lord Crickhowell, rightly makes the point that Ynys Môn is separated from north Wales by the Menai Strait—not by a sea, as is the Isle of Wight, although I am sure that like me he would not really fancy trying to swim the Menai Strait, which is quite a turbulent channel. Ynys Môn—Mam Cymru, or the mother of Wales—has been a parliamentary constituency since 1535 and it is the largest Welsh island, at 720 square kilometres. It is the fifth largest island in offshore Britain and the largest island in the Irish Sea. Its economy depends very much upon agriculture, as the noble Lord mentioned, and upon tourism. Indeed, when I was Wales Minister I went there to promote tourism as I understand that about 2 million people from the Republic of Ireland pass through Ynys Môn every year on holidays. The trouble was getting them to stop and spend some money. To my mind, the only way that we are going to get the Irish to do that in north Wales is to have a good golf course and some good saints. I am not sure whether the tourist board took up that suggestion, but I did make it generally.

The people of Ynys Môn have seen themselves as separated from the mainland not just by the Menai Strait but by having a fiercely protective local culture. Sixty per cent of the people of Ynys Môn are Welsh speakers. Our decision on the Isle of Wight means that it is the only island constituency in the United Kingdom which is not protected. That is wrong. As I say, the constituency has existed since 1535 and is coterminous with the local government area—the county council area of Ynys Môn. It enjoys the unique distinction of being, I think, the only seat to have had MPs from four parties in the past 50 years. It was once a Liberal stronghold; the Conservatives captured Ynys Môn from Labour in 1979, following the retirement of the late Lord Cledwyn; they lost it eight years later, when Keith Best stood down and Plaid Cymru then emerged as the successful party to represent the constituency in Westminster. When its leader stepped down, it was regained by Labour’s Albert Owen.

I want to emphasise that the Bill has not been the subject of a Green Paper, a White Paper, any consultation or any pre-legislative scrutiny. If it had been, then I have no doubt that my points and those of other noble Lords—indeed, the very valid points made by the noble Lords, Lord Crickhowell and Lord Roberts—would have figured in that kind of pre-legislative scrutiny. The only answer, in order to make sure we get the best result for the people of Ynys Môn and the people right across the country, is for the Government to agree that there should be local public inquiries. The points made by my fellow countrymen—the quite valid points from the opposite Benches and those made on these Benches—would be properly considered by an independent body, which would then make a decision in the best interests of the community concerned.

[Lord McAvoy]

My Lords, I suppose that, as one of the Peers from Scotland, I am duty bound to speak up for the Argyll and Bute council area. However, there was quite an extensive outline of the very justified case for Argyll and Bute in a previous debate and it would be wrong to repeat that. I congratulate the noble Lord, Lord Teverson, on his speech and I have certainly been impressed tonight by the contributions from the noble Lords, Lord Crickhowell and Lord Roberts, who were outstanding in displaying their local knowledge. However, I make the point that when Labour or, I think, Cross-Bench Peers were making speeches of that nature we were getting accused of having a filibuster. I thought that the noble Lord, Lord Teverson, was keeping an eye on the Door in case the noble Lord, Lord Trefgarne, came in and moved for closure but, fortunately, he did not appear. That emphasises that we are now getting a bit of balance in the Committee in that it seems that, thanks to the noble Lord, Lord Teverson, people are now being allowed to make the case for their local area without being accused of filibustering. It is a legitimate thing to do.

The breadth of knowledge coming from all sides of the House is deeply impressive, although I notice that the noble Lord, Lord Trimble, shuddered a wee bit at being part called part of a Celtic nation, with a hard “C”. He should really think himself quite lucky that he was not called part of a Celtic nation, with a soft “C”. Then he would really have had something to get upset about.

I welcome the change in attitude in the Committee. The display was terrific. I support this amendment with, at this stage, a small caveat over Orkney and Shetland, because I want to reserve my position regarding the amendment that will be moved at some point this evening. However, coming from Scotland, I think that the case for Argyll and Bute has certainly been made.

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, what a fascinating debate we have had on these amendments—rather more interesting than I was expecting. It went around the House and people spoke from their different experience and knowledge. I was particularly pleased to get the support of my noble friend Lord Crickhowell, which is always welcome.

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Moved by

[Lord McAvoy]

79B: Clause 11, page 10, leave out lines 25 to 27

[Lord McAvoy]

This amendment deletes the constituency of Orkney and Shetland from the preserved list. I hope a Liberal Democrat Minister will reply. The amendment contradicts the previous amendment moved by my Front Bench to keep Orkney and Shetland on the preserved list, and I shall explain the thinking behind what I am doing. First, I state that I support the aim of equalisation. The disparity between electorates in different seats has long been an anomaly, and I have always thought that some effort should be made to tackle it because the principle is right. The aim is right, but the methodology in this Bill to achieve that aim is too prescriptive and too tightly drawn. It does not take any real cognisance of communities, which is where I am coming from and how I approach this Bill.

My party supported the principle of having a referendum on AV, as did I. I think it is right that the people should speak. To my recollection we did not specify a date, and that is causing problems, but they are not insurmountable. I think it is important that I state that as part of the background to this amendment because a myth has built up that I and others are determined to stop this Bill, and I have never stated that that is the case. I hope that by stating my position vis-à-vis equalisation and support for an AV referendum, we can stop the spinners from the various newspapers saying otherwise.

The idea is surely to revise and improve, and that is what we are looking for in the Bill. In moving this amendment, I am trying to help the Liberal Democrats. Believe it or not, my name is Tommy and I am here to help. I can say that to our Liberal colleagues. The twists and turns that are going on to try and arrange the geographical condition and the natural state of the highland seats for Charles Kennedy, who is a first-class Member of Parliament, Danny Alexander and other northern Liberal MPs are quite unedifying. The position being taken on Orkney and Shetland is all right for us, but the rest of you will need to bend to this, and the contortions that are going on in the highlands do no good to the reputation of the Liberal Democrats. I say to my Liberal Democrat colleagues—or Peers, if they object to me calling them colleagues—that they are bringing an air of chicanery to their party, especially in Scotland, because every time boundaries or voting systems are discussed, the Liberals use their position as part of any set-up to argue for PR, list MSPs or not reducing MSP seats when the Scotland Act called for it—the so-called settled will of the Scottish people, except when it came to reducing MSP seats.

I am here to help the Liberals. By moving the amendment I am giving them the opportunity to justify on the Floor of the House why Orkney and Shetlands should still continue to exist, in contrast with Argyll and Bute, which has the best case in Scotland, even when compared with the highlands. As I said, Charles Kennedy is admired by nearly all of us on this side of the House—he is a first-class MP—but, of course, he comes from social democratic rather than Liberal roots, which makes a difference.

I am not demeaning anything that the Liberals are doing or how they are behaving, but their case lacks justification compared with the highland seats. Charles once told me that it takes him five hours to drive from one end of his constituency and back again, so he has made that case, but what is happening with the seat of Argyll and Bute is nonsense. I am not arguing a political interest in this matter because we have never won the seat. However, going back to my schooldays and early teens, John Maclay—who ended up here as a very distinguished Peer—stood for Parliament and was elected as a National Liberal, if I remember correctly. I am grateful to the Leader of the House for confirming that. There is perhaps a lesson here for the Liberals—and maybe a threat—because we know that history shows that members of parties who enter into a coalition with the Conservative Party end up, in effect, as Conservative Members of Parliament.

I am not arguing from a party political point of view. If there is a case for Orkney and Shetlands and a case for the highlands, the case for Argyll and Bute at least equals those. If Orkney and Shetlands is to be preserved, so should Argyll and Bute.

The Leader of the House mentioned fair votes and made calculations.

[Lord McFall of Alcluith]

I remind my noble friend that the Argyll and Bute constituency is a political construct from the previous Conservative Government. I well remember in 1994 pleading with the then Minister of State, Allan Stewart, “Do not take Helensburgh and put it into Argyll and Bute”. The people of Helensburgh had a difference with their representatives at the time, the Labour councillors, and rightly so, but they had a short-term interest in doing that. I represented the Helensburgh seat. Now, less than 10 years later, the Helensburgh people are saying, “It was wrong for us to go into Argyll and Bute”. The lesson is that if you carry out exercises in this House with politicians and do not include the Boundary Commission and the local element, you will get artificial constructs. That is the history of Argyll and Bute.

[Lord McAvoy]

I am grateful to my noble friend for sharing that local knowledge, because it is surely relevant when discussing amendments on Bills such as this one.

The noble Lord, Lord Strathclyde, calculated how much one vote was worth when compared with another. How does the calculation compare Orkney and Shetland, which has an electorate of just over 32,000, with, say, Rutherglen and Hamilton West, which has an electorate of 77,000? I am not having a go at the people in Orkney and Shetland; I am making the point—I am sorry that the noble and learned Lord, Lord Wallace of Tankerness, is no longer in his place—that a party and its supporters are taking the benefits of the toleration and support of people who quite rightly see the case for Orkney and Shetland, but those same people and the areas that benefit from that tolerance and consideration do not give an inch to other areas. The case of Argyll and Bute gets to me in particular. It is a case of “I’m all right Jack”, or “I’m all right Jim, but the rest of you have to suffer”.

The thing about this Bill and the various amendments is that a bit of a legend is being put about that I am the leader of the gang that is out to destroy this Bill. That is absolutely wrong. It is about time. I hope that the Cross-Benchers listen to what we are saying.

[Noble Lords]

No Cross-Benchers are here.

[Lord McAvoy]

I know. I was not being sarcastic. I hope that other Members listen as well because I have been speaking to Peers on all sides of the House over the past week or so. People have not been unfriendly. They have gone out of their way to speak to me and take me to tea. That was great, especially as they were paying, but the legend is that somehow I/we were being completely obstructive by trying to stop, damage and finish the Bill rather than get some concessions.

No concessions have come from the Government at all. The justified case for the Isle of Wight had to be pressed by a coalition of various Peers who tried to get common sense on that, but nothing has been gained. The noble Lord can disabuse me of that later if he can persuade me, but the Government are in a straitjacket. The straitjacket is the agreement that they reached behind closed doors in smoke-filled rooms with the Liberals. They extracted their price and the Government are quite willing to extract theirs, which does not seem to allow any room for reasonable compromise to come from the Government towards the Opposition.

Some points of view are held by many Peers in the House. For instance, the amendment that has the most support from noble Lords around the House is the extension of the variation from 5 per cent to 10 per cent. That would not destroy the Bill—it would be pointless to do that—but it would make a difference. I am told by a number of more experienced Peers than me that it would tackle a lot of the anomalies and many of the injustices in the Bill. It would not be a cure-all, but it would be a gesture towards recognising that there is a problem.

We would like local inquiries as per what has happened in the past and what is normal. If there were a gesture to indicate that there should be some form of restricted local inquiries, which could be the subject of discussion between the usual channels, a whole host of recommendations might go through on the nod. Folk would see the point and logic of them. A limited number of restricted local inquiries—a comparatively small number compared with the 600-odd—perhaps to clear a huddle before a local inquiry to allow local people and organisations to have a say, is the sort of compromise and concession that could come from the Government without destroying the Bill.

A number was plucked out of the air for seats. I will not go on about that, but is it so set in stone that it cannot be eased just a little for the sake of getting some kind of agreement in this House? A better attitude could ease the crisis that seems to have developed towards the conventions of the House. There are two sides to every story, but some concession from the Government along the lines that I mentioned would help.

Another item that I and others would like to see—

[Lord Rennard]

Before the noble Lord sits down—I assume that he must be reaching a conclusion after 14 minutes—perhaps he would explain something to help us. If he is so strongly opposed, as he is in this amendment, to the preservation of a separate constituency for Orkney and Shetland, why did he support in the other place the Labour Government’s Scotland Act 1998, which provided for separate constituencies for the Orkney and Shetland in the Scottish Parliament and in particular preserved the specific identity for Orkney and Shetland constituency in the Westminster Parliament? Also, does he have any fears after 15 minutes that an impartial observer of his previous contribution might fear that this is another frivolous filibuster in this debate?

[Lord McAvoy]

The noble Lord has given me half a minute to answer about four questions. If the mood of the House is that I should sit down, I will. If the mood is that I briefly answer the noble Lord, I will. I will try to answer. That seems to be okay, but if someone objects I will sit down—do not worry about that. The noble Lord objects?

[Lord Rennard]

I think, speaking for most Lords present, that we would be happy if we dealt seriously with the debate under business.

[Lord McAvoy]

That is fine. I will answer the question. Let me make it clear that I have no intention of putting this to the vote. It is a probing amendment to find out why Orkney and Shetland is given this preferential treatment and Argyll and Bute is not. I will mention the Scottish convention briefly, because I am sure it will come up. The whole attitude at the time of the Scottish convention was to get consensus. In that mood of consensus, there was recognition of the need to get everyone on board with Orkney and Shetland getting two seats. Internally, I disagreed, but I am a democrat. I played my part within my own party to alter that and did not win. Overwhelmingly, folk were in favour of it. I know the noble Lord was not listening to that answer, but that is the answer, and I can justify it at any time. I am a democrat and will play my part within my own party. I am not one of life’s natural rebels, so I am not inclined to rebel. I would rather not encourage the wrath of the noble Lord, Lord Rennard. With that, I beg to move.

[Baroness Ramsay of Cartvale]

I must tell my noble friend Lord McAvoy, for whom I usually have a great respect and affection, that on this occasion I cannot support his amendment. I mentioned the Scottish Constitutional Convention earlier this evening. As the noble Lord, Lord Strathclyde, knows well, the convention considered the issue of Orkney and Shetland for a long time. It was considered for separate parliamentary representation in well debated and well considered discussions. The decision was to accord separate parliamentary representation in the Scottish Parliament for both Orkney and Shetland.

I do not pretend to know Orkney and Shetland well. The noble and learned Lord, Lord Wallace of Tankerness, knows—although he is not in his place—that I have had the enormous pleasure of visiting both Orkney and Shetland with my noble friend Lord Gordon of Strathblane and his family, and with the late First Minister of Scotland the right honourable Donald Dewar, when the noble and learned Lord and his wife accompanied us on an enjoyable, informative and educational political working holiday. To visit both these areas is to appreciate at once how different they are from one another and from mainland Scotland geographically, topographically, in flora and fauna, in history and socially. They are in effect two different countries, and neither of them is like Scotland as we know it. Indeed, without going too much into the historical detail, most noble Lords are aware that Norway was the mother country in the past.

That is why, allied to the physical difficulties in connections between these two, the convention was persuaded that they should have two separate seats in the Scottish Parliament. As I explained to the House earlier this afternoon, the convention worked for 10 years on hammering out a blueprint for the Scottish Parliament—one that was almost wholly incorporated into the government White Paper and then into the Scotland Act.

The question of Orkney and Shetland was considered very carefully. Everyone in the convention was aware that there were important implications for other parts of Scotland by allowing special status for Orkney and Shetland. Such a major departure from what had been the Westminster practice of treating them as one constituency was serious but, in the end, that was agreed. In fact, when it came to the White Paper and then the drafting of the Scotland Bill, all the arguments had been so well rehearsed that there were no problems in agreeing to it. Surely that has to be an important lesson for this Government. Instead of the careful, painstaking, wide consultation that the convention provided, the Government are trying to rush this Bill through with no pretence at consulting the people of Scotland or anywhere else in the United Kingdom.

The noble Lord may point, but I have not been speaking for 20 minutes. That is the length of the debate.

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[Lord Strathclyde]

It says so much about the House of Lords that I thought that my noble and learned friend Lord Wallace of Tankerness was the only Orkney and Shetland expert here, but there speaks my noble friend Lord Lamont, who has real personal knowledge of Orkney and has very helpfully contributed that information. I agree with what he said.

If my noble and learned friend had been here, he would have reminded us of the practicalities involved in getting between Orkney and London. The Government are not thinking here about the travel convenience of Members of Parliament; rather, we believe that it would not be practicable for constituents to have a Member of Parliament whose base is a 12-hour ferry ride away, as would be the case if Shetland was required to be combined with the mainland.

I am pretty convinced that the noble Lord, Lord McAvoy, knows and understands these arguments. I hope that he feels that he has had a fair hearing and that he will withdraw the amendment.

[Lord McAvoy]

My Lords, I do not know about a fair hearing, because some mean-spirited attitudes have been shown on the Liberal Benches—not from the noble Lord. I of course accept the practical difficulties of Orkney and Shetland. I have made it plain that the amendment was a device—I make no apology for that because it was a quite proper device—to enable me to hear from a Liberal why a Liberal area should get preferential treatment over the Isle of Bute. I was robbed of that pleasure and had to listen to the noble Lord.

I laid out a number of issues where I thought that movement could be made without anything being sacrificed and I made a genuine attempt to inject into the debate an atmosphere of agreement. I was near enough mugged by the noble Lord the Leader of the House, who said that I was mischief-making. That does not augur well for future negotiations and attempts to get this Bill through with some improvements. This Bill can be improved. I hope that, as people go away from here and take off their political party war helmets, they will perhaps realise that there are the bones of something in the amendment. I hope that Cross-Benchers and other Members who do not have closed minds will find the suggestions that I have put forward worthy of consideration. This is not all about obstruction and defeating this Bill; it is about trying to improve it. I have put forward some ideas which I hope will take seed somewhere. On the basis that I certainly accept that Orkney and Shetland should be a separate constituency, I beg leave to withdraw the amendment.

Amendment 79B withdrawn.

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Moved by

[Lord McAvoy]

83: Clause 11, page 10, line 29, at end insert—
“( ) 3 constituencies in the South Lanarkshire council area”

[Lord McAvoy]

I will speak very briefly on this amendment because I have spoken quite a few times about the Rutherglen area. There are two amendments in this group. One proposes that the three present constituencies contained within South Lanarkshire should be the three constituencies there. There would be a small addition in the sense that the southernmost part of South Lanarkshire council area is in another constituency. The three constituencies—East Kilbride, Rutherglen and Hamilton West, and Lanark and Hamilton East—all have around 76,000 to 77,000 electors. That is near enough the quota that we are talking about. I was prepared to make a number of points, but I have already made the point about that.

I will speak only for two or three minutes on this issue and say why we fear this boundary redistribution. If the boundary redistribution starts at the border with England, according to the noble Lord, Lord Strathclyde, there will be seven fewer seats in Scotland. That is a worry for us. However, a bigger worry for those in the Rutherglen, Cambuslang and Halfway area is that if the boundary redistribution starts at the border with England and moves north, as the noble Lord, Lord Forsyth, clearly said, they are heading for a situation where local communities do not matter. They will simply be blocks on a map. A few people have done an exercise for me—I have done it myself—by just moving blocks of 75,000 on a map, coming from the south of Scotland. It can go east or west. However, the danger for us in my local area is that a block of 75,000 stops at Cambuslang and Halfway. As for the next 75,000, the Royal Burgh of Rutherglen will almost certainly get put into a Glasgow parliamentary seat.

We have been a royal burgh since the year 1126 when King David I gave us a royal charter, renewed by Robert the Bruce; and we have the Robert the Bruce renewal charter in which he refers to his great-grandfather, King David I. We have had that tradition since 1126. I have already made reference to this, so I will mention it briefly. In 1973-74, the Heath Government put the towns of Rutherglen, Cambuslang and Halfway into Glasgow District. In 1994-95, we achieved success in getting back out of Glasgow and back into Lanarkshire. That is not hostility to Glasgow or to the people of Glasgow; there is no big barrier of the River Tyne or the River Tees. However, we believe in a smaller community and we believe that we have something special in Rutherglen. We have recovered and renewed our community roots since the advent of South Lanarkshire council and the formation of a parliamentary constituency that is entirely within Lanarkshire and nothing to do with Glasgow. This is a dagger in our heart, moving us back into a Glasgow parliamentary constituency, with ramifications, at a later stage, for any local government reformation, redistribution and formation of new boundaries. The push would then be for the town of Rutherglen to stay within the Glasgow local authority. That is a big, big issue in our local community.

There are the local Liberal Democrats. I know that I must seem obsessed about the Liberals, and I probably am, but too many Focus leaflets are pushed through the door, although they have dried up recently. We have a local Liberal Democrat party and a local Liberal Democrat personality that campaign with the slogan “Rutherglen for Rutherglonians”. Now we have a Liberal Democrat coalition with the Conservatives, which is a danger to Rutherglen. I am trying to expose the danger to my community of that redistribution. I hope that the Liberal influence there, that is supposed to support a separate Rutherglen, will end up supporting us in that fight. It is a very limited amendment. I do not see us spending much time on it, and I have cut it down a lot because I have spoken about it previously. I beg to move.

[Lord Wallace of Tankerness]

My Lords, Amendment 83 would guarantee that there will always be three constituencies in the South Lanarkshire council area, irrespective of whether they respect the 5 per cent above or below the electoral parity rule. Amendment 84A requires a specific number of named areas to be included, including a constituency called Rutherglen and Hamilton West, which is the name of the constituency that the noble Lord had the privilege to represent over a number of years. These named areas are already contained in the South Lanarkshire council area and, if read together, Amendment 84A appears to be a more detailed requirement to specify that at least one of the constituencies of the three referred to in Amendment 83 should be called Rutherglen and Hamilton West, preserving that constituency as it currently stands—or one very similar to it.

I heard the noble Lord speak about this and have heard him speak about it on other occasions. I know Rutherglen and I know the pride that exists in it. There has always been that tension over whether it was part of Glasgow or not. But as the Committee is aware, the principle of the Bill is one of fairness, so that a vote across one part of the United Kingdom has one value. For something as important as one’s right to choose the Government of the day, I believe that equality and fairness are key principles. The two named exceptions to the principle in the Bill are there for a very clear and tightly defined set of reasons. Both have small populations and a very dispersed geography. Even with the wildest imagination, one could not say that South Lanarkshire fits into the pattern of being very remote and having a much dispersed geography. That is why distinctions are made there and not in the case of South Lanarkshire.

I have heard on more than one occasion in this Committee the noble Lord regret the fact, to put it mildly, that Hamilton, which itself has a long history, has been a divided place with regard to Boundary Commissions. At the moment it is divided east and west, but I recall an earlier boundary change that made Hamilton North and Bellshill and Hamilton South. It has been divided in other ways, too. Who knows—it is not for this House to be prescriptive of the Boundary Commission—it may even be that Hamilton comes together again as a result of these proposals. I am sure that would be greatly to the noble Lord’s satisfaction.

We are confident that in South Lanarkshire it will be possible for the Boundary Commission for Scotland to draw new boundaries, which will allow equality of votes among the constituencies within 5 per cent either side of the electoral quota and, at the same time, fit together logically and meaningfully for the electors in that area. This amendment would tie the commission’s hands unreasonably and, perhaps—almost inevitably—force it to produce a less coherent set of boundaries than otherwise would be the case. While I understand the motivation behind it, I ask the noble Lord to withdraw his amendment.

[Lord McAvoy]

I have heard what the Minister said. It is not just about remoteness. I understand totally that remoteness is a criterion that can apply to other areas, but I have not mentioned remoteness because it does not apply here. It is community that I am arguing for in respect of my former constituency, because the community is such that after the damage done 30 years ago we have only begun to get it together again in the past five, 10 or 15 years. We are getting it back to the old Rutherglen, and we would be damaged if we got put in with Glasgow again. It was not on remoteness that I was arguing the case; it is about community. The Minister refers to the straitjacket into which the Boundary Commission would be put. There is no guarantee about any Boundary Commission, but it lessens our chances, because the whole essence of the Bill seems to be about blocks of 75,000 or 76,000, and that is a danger to us. It would have been remiss of me not to make the case for Rutherglen in this situation, and I had no hesitation in doing that. However, above all else I am a realist. I shall not push this to a vote and I beg leave to withdraw the amendment.

Amendment 83 withdrawn.