Parliamentary Constituencies Bill

Lord Tyler Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 8th September 2020 Grand Committee

[Lord Tyler (LD) [V]]

My Lords, I endorse what the noble Lord, Lord Grocott, has just said about the use of Grand Committee for this stage of a very important constitutional Bill.

I have listened with great interest to the arguments of the noble Baroness and the noble Lord for these changes to the Bill. The noble Baroness’s most formidable reflection on the previous legislation reinforces our concern for careful parliamentary scrutiny of the Bill, not of the eventual recommendations of the commission. I can best sum up the current view of my Liberal Democrat colleagues in both Houses on these amendments, and the opposition to Clauses 2 and 3, as sceptical and unconvinced. The Labour Party has got to persuade your Lordships’ House that the proper last word, however limited, on constituency boundary changes should be left to the Government of the day—after all, that is what is being said here: the party with a current majority in the House of Commons—rather than trust the independence and integrity of the non-partisan statutory bodies tasked with this delicate democratic exercise.

Quite apart from the element of MPs “marking their own homework”, in the colloquial phrase, this does not sound very realistic. If the suggestion is that it would not work like that, the recent experience of No. 10’s approach to constitutional convention and propriety, to which the noble Baroness referred, would surely suggest otherwise. Just look at the outrageous attack on the Electoral Commission. Even the timing of the tabling for approval by Parliament could become highly politicised. Crafty delaying tactics could be employed, as we will be discussing shortly.

We were delighted to be supported in these views by the forthright report last week of the Constitution Committee of your Lordships’ House, to which reference has been made. I want to read out the first two, key findings:

“The removal of Parliament’s power to block Boundary Commission recommendations is constitutionally appropriate and therefore welcome … automatic implementation of Boundary Commission recommendations will only protect against undue political influence if they are themselves genuinely independent.”


Amen to both. I note that the current chair of that formidable, important and highly respected Select Committee is the noble friend of the noble Baroness, Lady Hayter, and the noble Lord, Lord Grocott: the noble Baroness, Lady Taylor of Bolton. I know from my experience of working with her in the other House when she was Leader of the House and then Chief Whip that she does not suffer fools gladly. I therefore highly respect the conclusion that the committee has come to under her chairmanship. We wholeheartedly endorse those recommendations.

As long as the commissions are permitted to undertake this important job without fear or favour by the Government of the day, or anyone else for that matter, they should surely be given every encouragement to get on with it. As long as each of the four Boundary Commissions is given a truly appropriate operational framework by this legislation, it would be both constitutionally preferable and a great deal more practical to leave the responsibilities as set out in the Bill.

However, that surely requires the Government to see sense on the danger posed by the very tight straitjacket permitting the commissions only a 5% variance on the constituency electorate norm. We will come back to this core concern later. For the time being, I ask the Minister to note that no fewer than 20 Peers who spoke at Second Reading, from all sides of the House, expressed concern about those restrictions. If the Government prove obdurate on this issue, we may have to reconsider our attitude on Report, but for the time being we are not persuaded to support this group of amendments.

[Baroness Seccombe (Con)]

My Lords, parliamentary boundaries seem to have been at the heart of my political life. Legislation concerning alteration of constituency boundaries has always been a challenge for constituencies, as close friendships are formed and jealously guarded, but it is always in the knowledge that boundary review adjustments can frequently be made and even new constituencies created—I live in one myself: Kenilworth and Southam, which was new in 2010 and sends councillors to three different councils.

It was in the run-up to the 1970 election that I first came upon boundary reviews. I had just become a senior officer in the constituency and wanted to make sure that we did everything correctly. Ever since then, I seem to have been around when reviews have come up. However, opposition parties—obviously, under different Administrations—have by clever ruses thwarted efforts to give the country proper representation. The last occasion was in 2013, when Sir Nick Clegg and his party’s gerrymandering altered the date of implementation to 2018. Now we are left with constituencies ranging in size from 21,200 to 111,400. It is monstrous that we are working from registers that are 20 years old.

Development has changed the landscape in the past 20 years, so it is essential that the review takes place as soon as possible. We must ensure that, once the report has been published, it cannot be held back in any way. The country must not be defrauded again. There must be automaticity so that the Bill is enacted as soon as possible. I would be happy for the report to be sent to both the Secretary of State and the Speaker simultaneously—after all, a highly charged Speaker could withhold it for any period if it were left to him or her alone. I just hope and pray that this Bill will finally give the people of this country, before the next election, the fair and automatic changes that have been needed for so many years.

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[Lord Foulkes of Cumnock (Lab Co-op)]

Yes, we kept hearing about the cathedral. But I also kept hearing about his constituency. He was a very active constituency Member of Parliament.

Representing a community is important. I have later amendments that will come round to this on community ties being more important than arithmetic. I have seen one side of a street being in one constituency and the other in another just to satisfy the arithmetists. There have been all sorts of crazy boundaries just to get these numbers right.

My job as an MP, as those here who are ex-MPs will know, was to represent the people. We were not just lobby fodder for our parties. I used to go to meetings with pensioners and all sorts of other groups. I went to schools, received petitions and held surgeries in 25 places around Carrick, Cumnock and Doon Valley. You build up a rapport with your constituents. Because of that rapport, sometimes, when there is a major issue, you consider whether it is important to put your constituents before the party. I have done it, and I know others have. We are able to do that. That rapport needs to be built up over a number of years. That is why I think five years is ridiculous—eight years is equally unsatisfactory—and why I am moving an amendment to 10 years. Of course populations change in different constituencies, but there are swings and roundabouts. Some parties will lose on the swings and gain on the roundabouts, and vice versa. To change so speedily just to get the arithmetic right seems wrong.

I was elected in 1979 and I went straight into a boundary review. It was changed in 1983 and I got added to it. It made my seat safer, by the way. It was not too bad, but it was a difficult period going through that. However, the Boundary Commission changed the name from South Ayrshire to Carrick, Cumnock and Doon Valley. I suggested that it would be easier for the people I represented to keep the same name, but the commission would not accept that. It was crazy that it would not. I do not know how that helps my argument, but it is an interesting anecdote. Mind you, I came to like Carrick, Cumnock and Doon Valley as a name. It is very evocative.

We make special cases in the Bill for Orkney, rightly, for Shetland and the Western Isles, and now for the Isle of Wight, because they are islands. I can see that argument but it means we have some very small constituencies, so I do not know where the Minister’s point about equal weight comes in as far as those are concerned. If the Government are to take account of the fact that they are islands, why can they not take account of sparsity? There are a few Members here who used to represent parts of Scotland. There are huge constituencies in the Highlands and Islands, which used to be represented by people such as Charlie Kennedy. He did brilliantly as a Member but it was a huge job to get around the whole of his constituency. There is not enough account taken of these community differences. Very often, where it is so obvious that a river, a major road or a mountain range should be the boundary, the Boundary Commission takes no account of it because it wants to get the arithmetic right.

I will argue that case on a later amendment. However, the reason for having 10 years rather than eight is to give some stability for the Member of Parliament to get to know her or his constituency—to become acquainted with it and have the support of their constituents—and to be able to come to the House of Commons as a representative, not a party hack. That is a very important thing. It would give them much more power individually. I hope that other Members of the Committee will consider it and that, at a later stage if not today, we will perhaps have a vote on it. Meanwhile, I beg to move.

[Lord Tyler (LD) [V]]

My Lords, I am delighted once again to find myself in broad support of the noble Lord, Lord Foulkes. It is almost embarrassing to find myself in his company because we do not always agree, but on this occasion I have a strong reason for doing so. Before I get to the specific point on extending the period from eight years to 10 years, which I broadly endorse, I want to pick up the point he made about the wonderful and unexpected commitment of the noble Lord, Lord True, to equal value for equal votes—I hope I quote him correctly—and for making the system entirely fair in that respect. It would inevitably lead to a better system of elections, because the present system is ludicrously unfair and does not give equal weight to equal votes.

In response to the point made by the noble Lord, Lord Foulkes, about the individual representation of individual constituencies, I never saw a problem in being an elected Liberal Democrat Member for one part of Cornwall, while recognising that Liberal Democrats in other parts of Cornwall would no doubt welcome multimember seats for the whole area, so that everybody would be better represented in political support, as well as individual local support. It is not necessarily a contradiction to be strongly in favour of local representation but, at the same time, of multimember proportional representation.

I was extremely proud to be a Member of Parliament for North Cornwall. Indeed, I think that I was the longest-serving Member for North Cornwall since the seat was founded in 1919, if only by a few months, as there have been frequent changes there. Nevertheless, I have a long family tradition connecting me with that part of Cornwall. I was told, by my mother in particular, that my ancestors arrived in north Cornwall in 1066, so the connection was strong. I was very proud that even though the electorate had grown to 87,000 by the time I retired in 2005—it was then redistributed within a big change of all the boundaries in Cornwall—I think I was nevertheless able to give good service. I do not find this argument about the size variance so persuasive that we have to stick to a very narrow margin. We will of course come back to that later in the Committee’s consideration.

The key issue that noble Lords have referred to, so far as I am concerned, is that if you do the calculation on a narrow basis—and too often—you create a degree of disruption which is entirely inimical to taking full account of the interests of the communities concerned and their integrity. It is not just for the convenience of the elected Member, which noble Lords referred to; it is for the communities themselves, if they constantly have to face disruption. That is surely the issue we should address and it is not properly addressed in the present Bill. It is not just about the eight-year cycle. There is also the issue of the very narrow variance, to which several of us have already referred this afternoon. That will come back as the core issue for the whole of the Bill.

I was struck by what the noble Lord, Lord Liddle, said about the balance between more remote constituencies in some parts of the United Kingdom and those in London and the south-east. I am sure he is right, particularly if it is combined with a degree of rurality, where the geography makes it difficult for the communities concerned and their elected representative to communicate effectively with each other. That is extremely important, and therefore an additional reason why we have to approach with care the too frequent and massive disruption from relatively small-scale changes in the electorate. That would clearly be the case if the Bill went through in its current form. I am sure that the noble Lord, Lord Foulkes, is absolutely right on that point.

Given what my noble friend Lord Rennard said in the previous debate about the missing 9 million, I also emphasise that if we find that that figure is still there as these current proposed Boundary Commission examinations go forward, we will also find some very curious results coming out. That would be another argument for taking this a bit more slowly and trying to improve the degree of registration—automatic registration, I hope—as my noble friend said. We therefore cannot rush this process, only then to find it is way out of date.

The key issue in the Bill is surely to give people confidence that it is not going to be a rushed job—a job which does not fully take account of local circumstances, or which creates new and artificial boundaries, or which has a salami effect where one constituency is slightly out of kilter and a number of others in that part of the country therefore have to be changed too. Once the newly elected 2019 entrants to the House of Commons recognise the dangers of having too quick, too narrow and badly considered boundary changes, I believe that they too will take our view that this will be a mistake and moving in the wrong direction.

[Lord Blunkett (Lab)]

I am pleased to follow the noble Lord, Lord Tyler, and to commend my noble friend Lord Foulkes on his two entertaining speeches this afternoon. They were both extensive and informative: I know more about the change of name in south Ayrshire than is good for me, but he made some extremely useful points. I did not know that the noble Lord, Lord Tyler, had relatives who invaded Britain in 1066, which is another revelation.

I am joining in because this emphasis on numeric equality is dangerous. Just like the algorithm which was applied to examinations this year, it places a particular imperative at the centre when it should often be ancillary. It is clear that on boundaries, with the exceptions already enunciated about islands on the edges of the UK, you cannot have constituencies with vast disparities of numbers. Equally, to have in place a tight numeric value and therefore a restriction on the commission being able to take into account sensible, logical community-related issues is a nonsense.

By the way, we ought to note—I am sure that the noble Lord, Lord Hayward, will correct me if I am wrong—that quite a lot of boundary changes have taken place over the last 20 years. My own former constituency was substantially expanded in 2010 on the back of local authority re-warding boundary changes, which often take place in this country. The devolved Parliaments have also seen such changes.

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[Lord Morris of Aberavon (Lab)]

I have little to add. We have had a very interesting debate. I was particularly impressed by what the research of the noble Lord, Lord Young of Cookham, revealed and the huge effort to establish what had happened in the past. It is important to ensure fairness and ensure that it is seen. We are talking of the needs of constituents and not primarily of MPs; I say that as somebody who served for 41 years to represent my constituency, which was torn apart after 23 years with numbers made up by pinching them from a neighbouring constituency. There is a fundamental problem: the association of constituents with a Member of Parliament. They want to know who it is; they want some degree of stability. That is why the constituent is vital. There is very little else I can add. I shall not take up the time of the Committee.

[Lord Tyler (LD) [V]]

My Lords, I very much agree with what the noble and learned Lord, Lord Morris, has just said. It is remarkable that the majority of those participating in this debate are former MPs with extensive and distinguished constituency representation behind them. That comes through in the way in which they have approached this issue.

Even more significant, perhaps, is the experience of the former Ministers. If they are sceptical about what exactly will happen behind the scenes if there is the sort of delay that could happen and has happened in the past, we should take that very seriously. As my noble friend Lord Campbell of Pittenweem said, “reasonably practicable” is a subjective judgment and could therefore be challenged at judicial review. The fact that these former Ministers are sceptical, perhaps even slightly cynical, about what could happen behind the scenes is extremely significant.

The noble Lord, Lord Young of Cookham, whom I have known for a number of years, has had extraordinary ministerial experience; he must be one of the longest-serving Ministers in the whole of our Parliament. I venture to suggest that he probably has had more experience at close hand of ministerial or even Civil Service foot-dragging than anybody who was giving him advice in the meeting to which he referred. I therefore take far more seriously what he says about the potential dangers of unlimited delay than those who sought to persuade him against his proposed amendment.

When the noble Lord spoke at Second Reading, I thought that there was a general mood on all sides of the House, not least because of that experience, that he was on to something extremely important and that this provision was one of the few serious weaknesses in terms of potential ministerial and partisan interference. I therefore take what he says today very seriously indeed.

There is only one way in which I perhaps take a slightly different view. Despite the fact that the Minister at Second Reading was reading his brief religiously—and loyally to those who brief him in the Cabinet Office—I thought that his body language was rather more sympathetic to the points being made by the noble Lord, Lord Young, and the rest of us. Therefore, I am more hopeful and optimistic that the Government’s eventual conclusion will be that they cannot possibly combine automaticity with sticking to this bit of no automaticity in terms of the speed with which Ministers have to bring the order to the House.

I also believe that there is a strong argument, which the noble Lord, Lord Young, enunciated and has been repeated elsewhere, about what exactly would happen if there is a long delay. What exactly would people do in whatever department would think about these matters? What would they be up to? After all, if the Bill goes through in its current form, all they would be looking at are the firm, strong recommendations of the four Boundary Commissions. How could they spend months on that? Incidentally, that is my only concern about the difference between the six weeks recommended by the noble Lord, Lord Cormack, and the 12 or so weeks recommended by the noble Lord, Lord Young, and others. I am not sure what Ministers might do in those second six weeks. There may be a strong argument for sticking firmly to the shorter period if, as has been suggested by people with a great deal more experience than me, there really is not that much to do.

I strongly recommend the well-briefed academic evidence given by the late Professor Ron Johnston—we are still missing him from this debate and these discussions—and his fellow academics. He pointed out just how simple in practice the process becomes at that stage; that was endorsed by the noble Lord, Lord Hayward, with his expertise and experience.

There is a simple solution to the problem of potential mistakes in the modification arrangements. Again, I take very seriously the experience of the noble Lord, Lord Blencathra, from the DPRR, on which I used to serve under his excellent chairmanship. Again, we are looking at an area where the Executive cannot be expected to take a long period to consider recommendations from the Boundary Commissions that will be so firm, detailed and complete.

There is an open-and-shut case for a firm limit on the period during which a delay could be permitted at the hands of bureaucrats or Ministers. In the words that have already echoed around the Grand Committee today, automaticity must lead to one or other of these sets of amendments. I hope that the Government will accept them.

[Baroness Hayter of Kentish Town (Lab) [V]]

My Lords, as I made clear in the debate on the first group of amendments, we do not support the automaticity of Boundary Commission recommendations becoming law with no parliamentary intervention. In an ideal world, Clause 2 would not be in the Bill. Nevertheless, we share in the sentiments expressed by the noble Lord, Lord Cormack, and other speakers, and the worry that some decision is still left with the Executive while none is with Parliament. If this clause is to be in the Bill, clearly, these amendments are very welcome.

This is important not simply for parliamentarians but for Boundary Commissioners. In knowing that they rather than Parliament are making law, it will be important for them to be confident as they assume this new responsibility that the Government will not play games with any delay—should, for example, an early election be on the cards, given that we hear that the Fixed-term Parliaments Act is to be removed, thus leaving the calling of an election back in the hands of the Prime Minister. Incidentally, my noble friend Lord McNicol is, like me, not a former MP, but along with others, we have been involved from a party position. As he said, if we can remove Parliament’s ability to discuss, we should remove the Executive’s ability to delay.

The noble Lord, Lord Cormack, said that we need to curb the ultimate power of the Executive. Hear, hear to that. Six weeks sounds better to me. If it is going to be automatic, then automatic it should be. Furthermore, if the noble Lord, Lord Young of Cookham, says that it is doable within a time limit, my judgment is that it is doable within a time limit. He knows whereof he speaks, along with the noble Lord, Lord Hayward, my noble friend Lord McNicol, and other former Chief and Deputy Chief Whips.

I confess that my eyebrows rose just a little at the protestations of the noble Lord, Lord Blencathra, as to the pristine, impeccable holiness of the Conservative Party. Maybe he needs reminding about Dame Shirley Porter and Westminster. I will go no further, but I think he overegged that particular pudding. If we are to have automaticity, clearly this delay must not be in the hands of the Government.

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[Baroness Hayter of Kentish Town (Lab) [V]]

My Lords, a key part of the last boundaries Act—parts of which this Bill seeks to amend—was to make the numerical size of constituencies more equal. It was based on an exact number of electors rather than, for example, residents, where the old method allowed some flexibility. As we heard from my noble friends Lord Grocott, Lord Foulkes and Lord Blunkett, it is potentially residents who cannot be in surgeries rather than those on the electoral roll. The focus in the current boundaries Act takes the numerical equality, if you like, of voters as central to the new constituency boundaries.

Even if one agrees with that focus on numbers—and I have my doubts about this overarching focus on it—it could be undermined either by population moves or, in the instance of this amendment, by an extension of the franchise to 16 and 17 year-olds. That is a policy change which we would obviously like to see but, should it happen, it is possible that it could undermine the concentration on arithmetic equality, given the unequal distribution of age groups across the country. As we know, we have certain constituencies with an older age profile, which would therefore be overrepresented if there was a switch in the franchise.

I recognise that we have yet to persuade the Government to alter the franchise, but it would be useful to see the impact of any such change on constituency boundaries. This simple and short amendment simply asks the Boundary Commission to look at extending the franchise to 16 and 17 year-olds and at what impact, if any, it would have on the distribution of seats. I beg to move.

[Lord Tyler (LD) [V]]

My Lords, I am delighted to support the noble Baroness, Lady Hayter, on this amendment. I am one of its signatories and it is a cross-party amendment. We have to start to think in firm terms about providing for the eventual, inevitable extension of the vote for parliamentary elections to 16 and 17 year-olds throughout the United Kingdom. The Grand Committee should think in terms of what is likely to happen over the next few years by looking back at what has been happening in recent years on this issue.

I and my Liberal Democrat colleagues have long campaigned for this reform, convinced as we are that this age group have shown themselves to be quite mature, and responsible enough to undertake this civic duty. It would be only sensible, right and responsible for us to start to take into account this potential change because, of course, the general election is not likely to take place until 2024, for the reasons admirably advanced by the noble Lord, Lord Lipsey, in a previous debate. It would be sensible for us to take that into account now, together with the greater flexibility that will undoubtedly be required to improve what is said on that matter in the Bill.

We were delighted when our Ministers in the coalition Government persuaded the Conservatives to permit this group to vote in the Scottish referendum in 2014. We were even more delighted when that group took the issues of that campaign so seriously, registered and voted in substantial numbers and, as far as could be ascertained after the poll, demonstrated their maturity by the way they voted. It seems that they were rather more responsible on all counts than some much older cohorts.

When it came to the 2015 debates in your Lordships’ House on the arrangements for the EU referendum, Members on all sides were able to refer to this successful experiment. We were no longer advocating on the basis of theory, however principled; we had practical evidence to support our case. As with Scotland, the argument that the referendum could create huge change which would have vast consequences for many generations to come and which, unlike an election, might not be easily reversed was recognised as persuasive. Prime Minister Cameron appeared to accept that argument. Younger citizens could expect to have to live with those consequences for much longer than many here in your Lordships’ House.

To my embarrassment, or perhaps even horror, Hansard apparently records that I made no fewer than 28 contributions to those debates in support of the proposition. However, I have checked and some of them were very brief. But I found that I was a signatory to the successful amendment on 18 November 2015 which sought to extend the franchise to this group. It was passed by your Lordships’ House by 293 votes to 211, with 91 Liberal Democrat Peers and 155 Labour Peers in support.

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[The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)]

The noble Lord, Lord Liddle, has withdrawn his name from the speakers’ list, so I call the noble Lord, Lord Tyler.

[Lord Tyler (LD) [V]]

My Lords, I am delighted to contribute to the end of this debate because it has been of considerable importance. Although I am a co-signatory of the cross-party Amendment 11, I will refer particularly to the amendment in the name of my noble friend Lord Shutt of Greetland. He had a great deal of expertise in his Select Committee, some of which has been on display during the Grand Committee.

The point I want to make is that we do not set up Select Committees lightly. Notoriously, some of their results and recommendations have been ignored in the past. In this case, there was a particular legislative reason for the committee to take advice, to take evidence and to recommend to your Lordships’ House. It would be extraordinary if the Government did not respond very positively to its recommendations, presumably by one minute to midnight tonight. I confess that I will not stay up; my expectation is that it will look just as good in the morning.

The issue that has been the subject of this debate and the Select Committee’s report is of huge significance. I pray in aid in particular the point from the noble Lord, Lord Janvrin, who said that we have to see this in the context of public disenchantment and disengagement. I hope I quoted that correctly. If the public do not see the register as something that they as citizens need to be involved in, it is not just a matter of personal choice; it is that our citizenship has not been fully engaged in its responsibilities and rights as citizens.

I part company in a small way from the noble Lord, Lord Hayward. He is perfectly right that we in the UK have always had a tradition that voting is entirely voluntary, but we have also said for many years now that the register should be the pool from which juries are appointed. So if you are not on the electoral register, you are not in fact fulfilling your responsibility as a citizen. Hence there is an obligation, and it can be backed up by a civil fine if you do not register. That has been true right through the recent changes for IER, which have maintained the case.

While I entirely accept that there will be some circumstances, which people have referred to, where people are in some sort of difficulty from domestic violence and therefore try to protect their current address, that is dealt with by the right of people not to be on the publicly available register. That has been the case for a number of years and is very proper protection for people in those sorts of circumstances, but the actual responsibility to be registered is extremely important.

There is a tendency for people to think that this is a relatively small problem, but as has been made clear, not least by members of the Select Committee and their report, if there are between 6 million and 9 million people who are eligible to be on that register who are not, that is a far bigger problem than, for example, the Government’s alleged concerns about people impersonating others in polling stations, which is a tiny problem in comparison. As many noble Lords have said, it can mean that there is a fundamental weakness in the very basis for the Bill; it means it is, to quote the noble Lord, Lord Grocott, a castle built on sand.

There are ways in which there could be some immediate improvements without a great deal of bureaucratic change. For example, as my noble friend Lord Rennard pointed out, it has been recommended that when a 16 year-old gets a national insurance number and is therefore an attainer in terms of getting on the register, that would be an automatic entry on the system. That is asking at this stage not for any elaborate automatic registration everywhere, but, in the terms of the noble Lord, Lord Hayward, for some selective, targeted automatic registration.

I understand that there will be difficulties in moving smartly to the sort of automatic registration that we would prefer, as set out in Amendment 11, but the Select Committee’s recommendations need a full and firm commitment to action from the Government. It is not enough now to just say, “Let’s have some more consultation.” The whole point of having a Select Committee, to return to the comment I made at the outset, is that Members of your Lordships’ House across the parties, with a lot of expert advice and evidence, take a hard, sober and non-partisan look at problems. This is something the committee was asked to do by the House itself. It would, frankly, be ridiculous—outrageous, some would think—if Ministers simply brushed that advice aside. I therefore look forward very confidently, even optimistically, to the Minister responding on behalf of the Government to say that they will now not just listen to what the Select Committee said, but act on it.