Parliamentary Voting System and Constituencies Bill

Lord Rooker Excerpts

Wednesday 12th January 2011 Lords Chamber

[Lord Campbell-Savours]

I do not want to labour the issue of timing, other than to say that I support vigorously the amendment moved by my noble friend. However, I implore Ministers to listen to the wise counsel of the noble Lord, Lord Wills. He probably knows more about electoral registration than any other Member of either House. He was a Minister throughout a period when it dominated his agenda. Ministers in this Government would do well to consider carefully his words on the whole issue of why the existing register is useless for the purposes that they intend to use it.

I want to ask Ministers questions based on the 14th report of the Select Committee on the Constitution from the 2003-04 Session, Parliament and the Legislative Process. Paragraph 15 of Chapter 3 refers to the arrangements for the handling of legislation. I raise this issue because it deals with the question of consultation. I am trying to secure from the Government some more information on the extent to which they consulted on the time that is set out in the Bill for dealing with the Boundary Commission review. Paragraph 15 says:

“There is an extensive gestation and drafting process before a bill is laid before Parliament … Proposals now are regularly put out for consultation and there is an established framework for that consultation”.

Paragraph 16 goes on to refer to a,

“Code of Practice issued by the Cabinet Office”,

which,

“stipulates that there should be a consultation period of twelve weeks”.

My questions are about that consultation period. When did it start? When did it end? Who was consulted? Where is the information that came back as a result of that consultation? That is highly pertinent to today’s debate. All I ask of Ministers is whether we can have that information. If that is the process that should have been undertaken, and recognising that there has been a short period between the election and today, some of us, including me, might wonder whether that code of practice was complied with. If it was not, let us have a full explanation of why not.

[Lord Rooker]

My Lords, I did not intend to speak on this but I will add a new example on the time element. We would not be having a debate about the time element were it not for the contents of the Bill from page 9 onwards in new Schedule 2, which deals with the rules for the redistribution of seats. I note that one of the factors that the Boundary Commission may take into account—I realise that it will be in May—is,

“local government boundaries as they exist on the most recent ordinary council-election day before the review”.

Timing and names are not unimportant given the ward building blocks in present constituencies. I represented part of the city of Birmingham when I was a Member of the other place. Birmingham had the largest building blocks in the country, with an average ward size of 19,000 electors. My figures are now out of date but were correct when I was a Member of the other place. If you then decide how many constituencies you are having and you get an odd number, and the policy is not to split wards, you end up with some Members having three wards with 60,000 people and others having four with 80,000 people. That is what happened in my case and that of colleagues. Noble Lords may say that that will not happen under the formula in the Bill and that wards will have to be split, but that is something that you avoid doing. Herein lies the problem.

One of the rules set by the Boundary Commission, which is buried somewhere among its procedures—we came unstuck on this on one occasion—stipulates that the constituency in a county borough, which Birmingham is, has to be named after one of the wards in the constituency. My former colleague Terry Davis was really upset about this because we lost the ward of Stechford and had to change the name of the constituency, which was virtually the same. If you have to split the wards because they do not make arithmetical sense in this situation, this problem may arise. Nobody wants more councillors in Birmingham; we are already at the limit with some 120 to 124 and the extra ones for Sutton Coldfield.

You cannot sort out this situation in two years. It is not just a matter of changing the boundaries; you are potentially rewriting local government boundaries in the big cities. I think that Leeds is the only other city with such large wards—there is an average of some 15,000 electors in a ward. You can see the difficulty that arises when you start moving these large building blocks around. The difficulty does not arise in London boroughs, where the wards are very small, at about a third of the size of those in Birmingham, and have better representation in terms of councillors.

This issue has to be addressed within the two-year period. It is a question not just of the building blocks but of names and the division of current local authority building blocks in our big cities. As I say, the problem will arise in Birmingham and Leeds. It applies to Manchester but to a lesser degree, as its wards are much smaller than those of Leeds and Birmingham for historical reasons. This factor means that more time will be needed to tackle this issue. As I have said before, I think that the boundaries should be equal, but the fact is that the rules in the Bill mean that the review cannot be done in two years without upsetting a lot of people through splitting wards and consequently redrawing local government boundaries while you are trying to tackle parliamentary boundaries. I do not think that you can do both together.

[Lord Snape]

My Lords, I rise to speak to my noble friend’s amendment, as I have tabled a similar one that we shall discuss later in the proceedings and I have no wish to detain your Lordships further by discussing virtually the same matter twice. Much of the debate on my noble friend’s amendment has been about numbers and electors. However, as my noble friend Lord Rooker has pointed out, other matters will have a direct impact on any redrawing of the boundaries as proposed in the Bill. Like my noble friend Lord Kennedy, who pointed out some of the difficulties that had arisen in Coventry, which were put right by a local inquiry into Boundary Commission proposals, and my noble friend and fellow sapper, Lord Dixon, who pointed out the historical arrangements in his part of the world, I encountered such a difficulty when I was a Member of the other place.

The boundaries for the then new seat of West Bromwich East, which I fought in 1974, had been drawn up by the Boundary Commission in the 1960s. The natural boundary between the constituency of West Bromwich East and that held with such distinction by the noble Baroness, Lady Boothroyd, as she now is, was the former Great Western Railway line. Unfortunately, before I arrived on the scene, that line was closed—actually in 1972. The cutting through the centre of West Bromwich had been virtually filled in and therefore there was no natural boundary between our two constituencies. It took a local inquiry after the 1980s boundary review to point that out and the dividing line between our respective constituencies was then redrawn on to a dual carriageway that represented a much more natural break between the two seats. That was electorally advantageous to the incumbent in West Bromwich East, which just so happened to be me. It was not quite so advantageous to my then honourable friend on the other side, but I got my representations in first and congratulated that local inquiry on the common sense of its new recommendations. I am glad to say that the noble Baroness, Lady Boothroyd, has forgiven me over the 25 years since and we are back on speaking terms. The point that I am seeking to make is that the anomaly was pointed out only because of that local inquiry. The Boundary Commission in its wisdom went purely on numbers and did not look at geography, the contours of the ground or a natural boundary between our constituencies.

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[Lord Maclennan of Rogart]

That issue will be addressed in separate amendments and is a perfectly fair point to make. There may be a case for continuing with public inquiries, but that does not affect the argument about the frequency with which an attempt should be made to have up-to-date boundaries.

However, the case for continuing with public inquiries is not made simply by arguing that, for the peace of mind of those who are thinking about standing for Parliament, MPs should have a security of tenure for up to 10 years. That is artificial, unreal and inappropriate in considering these matters. The purpose of the reform is to satisfy the electors, not the elected.

[Lord Rooker]

Will the noble Lord give way?

[Lord Maclennan of Rogart]

I have finished my speech.

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I feel that this cannot be true but I almost wonder whether whoever drew up this proposal for five-yearly redistributions can ever have represented a local government ward or a parliamentary constituency in their lives, because it is obviously deeply unsettling. Obviously, the work of an MP can never be secure but that is unsettling, particularly in terms of the balance of time that Members of Parliament can spend between Westminster and their constituencies. A good MP has to do both but, again, the MPs would not be human if they did not find that the duties that they had at Westminster became less and less important as the ground was shifting from under them in their own constituency, and was doing so for election after election. Certainly, from my perspective—I hope that the Government will not see it as an unhelpful suggestion—eight years, which is the minimum requirement under the present legislation, is a sensible period, giving as it probably does two parliamentary terms. I hope that the Government will look at that very carefully.

[Lord Rooker]

My Lords, I have a specific question for the Minister. The debate has concentrated exclusively on the interests of the Member of Parliament. In drafting the Bill, particularly with the squeeze from what was 12 or 13 years down to five, did the Government ask colleagues in local government, anywhere in the country, what use they make of parliamentary boundaries? Again, I quote only the example I know of from representing part of a large city, but each time the boundaries were changed for constituencies in the city of Birmingham—I had three elections on one set, then they changed; three elections on another, then they changed—they were used by the local authority for managing and administering social services. Because a big city of a million people had to be divided up, they set up the structural management of more than one of the key departments—it was probably three—to match those boundaries. That made sense, because those boundaries were coterminous with ward boundaries as well, so when it changed at each boundary review they looked at the structure and changed the management and delivery of those services.

I do not know whether that happens in the county areas because of their nature. I do not know about that, but did the Government ask what use local government makes of the boundaries? In that case, given the fact that they have more or less three elections on the same boundaries, you could do it. If it comes down to five years along with a fixed-term parliament, there is no way that local government will be able to organise the management and keep changing the delivery structure or the management of personnel at that speed. My question is really: was local government asked about what use it makes of constituency boundaries for the management and administration purposes of its services?

[Lord Gilbert]

My Lords, listening today to the noble Lord, Lord Martin, confirmed my long-held view that the voters of the Black Country are by far the most sophisticated in the country. The noble Lord expressed concern that the consequences of this legislation would be the introduction of ward bosses into Glasgow. I first arrived in the Black Country 40 years ago, and I can tell him that we knew all about ward bosses then. It made your job a lot easier if you were trying to get reselected because you knew who you had to go to and who you had to keep sweet. If they have not yet got around to that system in Glasgow, I am very surprised.

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[Lord Wallace of Tankerness]

If my memory serves me correctly, when I responded to the noble Lord on Monday I mentioned the concern about the Data Protection Act. I have checked, and we will do a further check in the light of that point, but the information that I have had since we had that exchange on Monday is that the Department for Education’s national pupil database would be one of the data sets that we would consider.

I say to the noble and learned Lord, Lord Falconer, who asked what we are doing, that a series of events will be planned over the next few months as part of the introduction of individual registration, when we will consider with stakeholders what further steps can be taken to engage with groups who are underrepresented on the electoral register. However, we must proceed with a boundary review to ensure that boundaries, in England in particular, are not 15 years out of date at the next general election, thereby missing out those who have registered in the past 12 months, because that would exacerbate the inequality. To achieve that, with due time for the commission to consult widely, we must allow it to get on with its task now. That in no way diminishes the importance of registration, and I hope that I have indicated to the satisfaction of Members across the House what we are trying to do to establish that.

[Lord Rooker]

Is there not a big society point here? I genuinely think that the best people to get young people registered are young people—not local government officials, not Members of Parliament. Local authorities will be strapped for resources anyway; we understand the reason for that. Is there not a case for requiring local authorities, because they are in charge of the register, to pull together a group of young people charged with seeing that other young people get on the register? Out there, with homelessness and unemployment, the best evidence is that young people who are trained as mentors are much better at mentoring young people on a range of issues. It is a big society point; I freely admit that. Thinking about it and listening to the debate, I think that we must make more use of young people themselves and not do it top-down. That is just a thought.

[Lord Wallace of Tankerness]

I have no hesitation in welcoming such a proposal. It does not run counter to the other data matching that we are proposing or the roadshows on individual registration. I am sure that the very constructive suggestion by the noble Lord, Lord Rooker, will be taken into account.