Covid-19: May Elections

Lord Tyler Excerpts

Thursday 25th February 2021 Lords Chamber

Asked by

[Lord Tyler]

To ask Her Majesty’s Government what arrangements they (1) have, and (2) plan to, put in place to ensure that all eligible electors who are prevented from voting in person by (a) medical advice relating to, and (b) the restrictions in place to address, the COVID-19 pandemic are able to participate in the elections due to take place on 6 May.

[Lord Tyler (LD) [V]]

My Lords, I cannot resist a quick personal tribute to the Lord Speaker. I beg leave to ask the Question standing in my name on the Order Paper.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, likewise: it was only 40 years ago that the Lord Speaker and I first worked together and I should like to express my sadness at the notice, and my appreciation of all that he has done for party, country and, indeed, the world, and we look forward to his independent career.

I can use a little bit of the time available because I can give the noble Lord, Lord Tyler, a positive Answer that we are changing proxy rules to enable those who need to self-isolate to request an emergency proxy vote at short notice, right up to 5 pm on polling day. This week we have laid a statutory instrument to make this change.

[Lord Tyler (LD) [V]]

My Lords, I am grateful to the Minister for his response. We all appreciate that the Government have been able to take advantage of expert advice since I tabled this Question and have published some good guidance and some very useful changes, especially addressing the problems faced by shielding and self-isolating electors in arranging proxy votes, a matter to which I drew attention. In the meantime, can he clear up the mystery of the scientific or health advice on which the Cabinet Office unilaterally declared that a leaflet delivered by a volunteer was a serious Covid health hazard but that one delivered by a commercial company was not?

[Lord True (Con)]

My Lords, guidance has been issued on aspects of election campaigning and further guidance will be issued. Campaigning is an essential part of democracy. The current national lockdown restrictions in England say that one must not leave or be outside one’s home unnecessarily, and those restrictions do not support door-to-door campaigning or leafleting. However, I take advice from the noble Lord’s question and, as I have said, there will be further guidance on top of the guidance that has already been issued.

Ministerial and other Maternity Allowances Bill

Lord Tyler Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 22nd February 2021 Lords Chamber

[Lord Tyler (LD) [V]]

My Lords, first and foremost, I am sure all Members of your Lordships’ House will want to join me in offering our best wishes to the Members of Parliament for Fareham, Enfield North and Walthamstow. As we all now know, Suella Braverman, Feryal Clark and Stella Creasy are expecting babies in a few weeks’ time. Access to appropriate maternity leave is equally important for all three.

There has been a tendency for successive Governments to inflate the importance of Ministers at the expense of Parliament, and this Government are certainly not immune. But under our constitution, Ministers are accountable to MPs, who are themselves accountable to constituents—not all the other way around. It follows that it is vital for MPs and their constituents to be effectively reinforced for parental leave that they are encouraged to take.

It happens that the Member for Fareham is to be fully supported in her ministerial role, throughout the six months’ leave, by this Bill. What about her MP role? I am sure her constituency office staff would do an excellent job with her casework, and she would, presumably, be able to nominate a proxy to vote for her.

However, the electors of Fareham will be without a parliamentary voice for the period of leave, and that will also be true for the people of Enfield and Walthamstow. When I was shadow Leader of the House of Commons for the Liberal Democrats, I worked with Robin Cook and Sir George Young—now the noble Lord, Lord Young of Cookham—to seek ways to strengthen the role of Members who did not seek ministerial advancement. That led, among other things, to improved status and influence for committee chairs.

But the Bill provides the Government an opportunity to drive a further wedge between the treatment of Ministers and MPs. That cannot continue indefinitely. As my noble friend Lord Wallace of Saltaire pointed out, the gestation of this narrow Bill has been much longer than a pregnancy. It is disappointing that the opportunity to develop a much wider reform has not been taken. Indeed, as the noble Baroness, Lady Hayman, pointed out, with her memories of the inconceivable situation that arose in 1976, it is curious that this must be emergency legislation after decades of inadequate gestation.

There are other ways in which this ad personam Bill must clearly be followed by more comprehensive legislation, as my noble friends have been emphasising in this debate. There are serious inequalities to be addressed both inside Parliament and beyond. Better provision for all forms of parental leave has been a theme right through the debate. For all MPs would be a good start, but paternity, adoption, shared parental and child bereavement leave all need to be addressed urgently, not just for MPs but more widely. In that context, I was very moved by the contribution of the noble Lord, Lord Winston, whose professional evidence we all take so seriously.

The MP’s life is exceptionally demanding. I knew that, but it has become even more so since I was a Member. My wife was expecting when I defended a tiny majority in October 1974, only to lose it by a few hundred votes. In retrospect, we both agreed that this was a blessing in disguise, when the first months of 1975 were dominated by the arrival of our new son, to join a very lively two-year-old daughter. I do not think that I would have been able to give good service to my constituents then. If the constituents of Fareham, Enfield and Walthamstow—and many others in future—are not to be discriminated against, the Bill is addressing only a relatively minor problem. Ministerial duties can be undertaken by others, with a huge back-up of civil servants, but not so parliamentary duties.

I have no doubt that the Minister will have at his fingertips comparable maternity allowance provision, not just as recommended for MPs’ staff but for all the employees of the two Houses of Parliament, to set beside what we are considering simply for Ministers and a few others. If he does not, I am sure that in his usual way he will have the courtesy to let us see something to compare before the further stages of the Bill. Meanwhile, as all my colleagues have urged, and other Members right across the House, if the Government mean what they say about the need for generous parental leave, then they cannot give up on the process to provide it throughout the country once the Bill is passed. I hope that it will be passed—but words are significant, especially in legislation and especially in this place. Of course the semantic concerns expressed on all sides are important, and I do not envy the Minister’s job in squaring the circle to achieve plain speaking and accessible language in the context of the Bill, as he has been asked to do. Personally, my bafflement is very simple: I do not really understand how “women” is legislatively unacceptable but “maternity” can be used throughout the Bill from its Title onwards. The dictionary definitions seem equally restrictive.

Above all, we note the promise from the Paymaster-General, Penny Mordaunt. In the Commons Second Reading, on 11 February, having acknowledged pressure from all parties for a more comprehensive nationwide approach to parental leave, with legislative proposals, she said:

“I think we should be bringing this back to the House before the summer recess in order to address those other issues.”—[Official Report, Commons, 11/2/21; col. 559.]


As the noble Baroness has just said, a lot of us are looking for that—and the Paymaster-General was referring to legislation, not just consultation. That sounds to me like an expectation of inclusion in an early summer Queen’s Speech. On behalf of my Liberal Democrat colleagues, I ask the Minister to reiterate that promise. Our support for the Bill is not unconditional; we support it but we hope that it leads to the much greater, more comprehensive improvements to all parental leave which we are looking for. It would be totally unacceptable for Parliament to give special maternity entitlement to Ministers—and in Clause 4, to a small selection of Labour officeholders—without that firm commitment to make progress for wider parental leave to both MPs and the nation which they serve.

Political Parties: Expenditure Limits

Lord Tyler Excerpts

Monday 22nd February 2021 Lords Chamber

[Lord True (Con)]

My Lords, I did reply to the Question, saying that we were undertaking a consultation and that a range of views were received from different parties. When the time comes to make an announcement, we will be able to provide more details to the House.

[Lord Tyler (LD) [V]]

My Lords, given that the friend and family recipients of Covid crony contracts have already poured more than £8 million into Conservative Party coffers, does the Minister acknowledge that this huge increase in permissive spending will encourage more millionaires to think that they can buy government favours, including nomination to this House?

[Lord True (Con)]

No, my Lords. I strongly disagree; the noble Lord should think carefully before spreading such charges. If one looks at the record of donations that the Liberal Democrats have received, including those from convicted criminals, it is clear that charges of that kind should not be cast in that manner. The Government are reviewing the matter; local election limits were put up by the coalition Government, in which Liberal Democrats served, in 2014.

Constitution, Democracy and Human Rights Commission

Lord Tyler Excerpts

Thursday 14th January 2021 Lords Chamber

[Lord True (Con)]

My Lords, I am not sure about the proposition of a body. I think that, ultimately, authority to determine must reside in Parliament and in part in your Lordships’ House. I hope that we will have debates and discussion. I agree with my noble friend that a lot of change was ill thought through, but I assure noble Lords that the Government intend to proceed cautiously and with independent advice.

[Lord Tyler (LD) [V]]

My Lords, does the Cabinet Office recognise that more piecemeal changes to the constitution and to electoral law, such as No. 10 taking back control of the Prorogation and Dissolution of Parliament, weakening controls on election spending and attacking the independence and integrity of the Electoral Commission, break the manifesto promise, which has been referred to, of a comprehensive constitution commission, set up to take evidence in the first 12 months of this Government?

[Lord True (Con)]

No, my Lords. I do not accept the characterisation of my right honourable friend the Prime Minister by the noble Lord, Lord Tyler. I must say that the Liberal Democrat party has never been slow to come forward with radical changes to the constitution with very little consultation with others.

Parliamentary Constituencies Bill

Lord Tyler Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Thursday 26th November 2020 Lords Chamber

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

Are there any noble Lords present who were here at the beginning of this debate who would like to take part at this stage? No? In which case, I return to the list and call the noble Lord, Lord Tyler.

[Lord Tyler (LD) [V]]

My Lords, before I concentrate on the amendment in the name of the noble Lord, Lord Woolley, I will make some general comments about the Bill. The Government’s response to the improvements made by your Lordships to the Bill, with large majorities, has been profoundly disappointing. However, my disappointment will pale into insignificance when many Conservative MPs discover in a couple of years’ time just how they have been fooled into thinking that their seats will be unaffected by boundary changes. The most careful independent analysis has demonstrated that the Government’s insistence on sticking to the narrow 5% variance in the electoral quota means that some two-thirds of all seats will be changed—all for no real correction of the perceived imbalance. Those MPs will not merely be disappointed; hundreds of Conservative MPs and their constituents will suffer unnecessary disruption. Even more significantly, there will be many blue-on-blue contests for the more winnable new seats in the mid-term of the Parliament, just when the Government is least popular.

As my noble friend Lord Rennard pointed out, Mr Rees-Mogg made no reference to that when, during an inevitably sparsely attended debate, he managed to overturn the improvements passed with large cross-party majorities in your Lordships House. It will be interesting to witness the reaction of his fellow MPs when they realise what he has let them in for. There would be an element of wry amusement for the rest of us if it were not for the avoidable impact on historic, natural and well-established communities. All being well, the political integrity of Cornwall will be protected, but such a desirable outcome will not be guaranteed elsewhere.

This was perhaps the major issue during our debates on the Bill. However, removing some of the other improvements may in due course also be recognised as counterproductive and constitutionally defective. I fear we may live to regret that the House could not endorse the proper concerns expressed by the noble and learned Lord, Lord Thomas, and my noble friend Lord Beith.

I and my colleagues are especially pleased that the noble Lord, Lord Woolley, from the Cross Benches, has tabled his amendment to the Motion on the vital issue of electoral registration. Had this been at a different stage of the Bill, a quartet of senior Members from all parts of the House would have signed it. This is underlined by the strength of supporting speeches on all sides this afternoon. It is particularly appropriate that the noble Lord should lead on this. He has been a powerful champion and campaigner in non-party efforts to get more young people—especially from BAME communities and through Operation Black Vote—to take up their civic responsibilities and rights by registering. He gave evidence on the registration issue to the Select Committee of this House, chaired by our much-missed colleague Lord Shutt of Greetland.

At this point I should say how much I and my noble friends on the Liberal Democrat Benches appreciate the tributes to David from all sides during the Commons debate and again this afternoon in your Lordships’ House. After a lifetime of principled devotion to this cause, his sincerity and clear advocacy of these practical steps towards a more comprehensive democracy shone through during his successful speech on Report.

As the noble Lord, Lord Woolley, and others have emphasised, this modest proposal would give practical effect to the aims to which Ministers have committed themselves. Without this kind of simple administrative adjustment, there is a real danger that the missing millions of unregistered young citizens will remain outside the system.

Ministers have reminded us that registering to vote is a civic duty. Unlike voting, which is entirely voluntary in Britain, co-operating with the registration process is a legal obligation unless the eligible citizen has a specific reason to be exempted. As my noble friend Lord Rennard reminded the House, the register is used to select for jury service. That is an important civic responsibility, which is not entirely voluntary. Failure to co-operate can lead to a fine of £1,000.

This proposal is not a form of automatic registration. Despite the support of the noble Lord, Lord Cormack, it is not on the table for decision today. However, if the Government continue to block sensible ways to maximise registration, it could be argued that they are in a sense condoning law-breaking.

It has been clearly indicated that many of your Lordships on all sides of House wish to support this simple improvement. Therefore, if the noble Lord, Lord Woolley, is not able to move his Motion E1 to propose Amendment 8B in lieu, I should be happy to do so and to seek the opinion of the House at the appropriate moment.

I again pay tribute to all who have helped to ensure that your Lordships’ House has fulfilled its proper scrutiny function. This includes the Minister, the noble Lord, Lord True. As I have said previously, that is the fundamental right and responsibility of this House, not least when MPs and the governing party may need the corrective of relatively dispassionate, non-partisan and independent scrutiny on electoral law. We do not have the same special interests to declare as they have, which could take them into very unfortunate realm of special pleading, as the noble and learned Lord, Lord Thomas, made apparent.

Finally, I put on record on behalf of the Liberal Democrats, particularly all those who have worked on the Bill, our thanks and admiration for all those who have assisted the House, not least our excellent legislation adviser, Sarah Pughe. I thank the two Ministers and their team, the Public Bill Office and other officials of the House, as well as Members from all sides who value the integrity of the democratic process. I add thanks to those academic experts who gave us all such well-researched, non-partisan advice through all stages of the Bill.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, this has been a useful debate on some important amendments, which were agreed by your Lordships’ House but which, in their complete lack of wisdom, the Government chose to overturn in the Commons—and two of which, rightly, have merited special attention today.

I am grateful to the noble and learned Lord, Lord Thomas of Cwmgiedd, and the noble Lord, Lord Woolley of Woodford, for tabling their counter- propositions. The former made a persuasive and constitutionally important case, to which I will return.

Before doing so, I would like to add my tribute to the late Lord Shutt of Greetland. His contributions on 8 October were, sadly, his last in this Chamber. His untimely death was of course a shock, but it is somehow fitting that that last speech was on expanding voter registration and encouraging people to engage in the democratic process—a cause which, as we have heard, he had championed for years, and one which the Government should take up with more than just warm words. If the future of our democracy is to mean anything, it will be through the full involvement of all our citizens in elections, be they at local, regional or national level.

The noble Lord, Lord Cormack, made reference to “no representation without taxation”. I very gently point out that his party wants to extend representation without taxation by extending the right to vote to people who left this country maybe 40 or 50 years ago and have long since ceased to pay tax. But that is not on the agenda today.

I am saddened, although not surprised, by the Government’s rejection of all five amendments. Far from making the Government’s life difficult, they sought to address genuine concerns in a constructive manner. I particularly regret the lack of a bit of greater tolerance, which would, as the noble Lord, Lord Tyler, said, have helped even Conservative MPs—but it would particularly have helped those who are drawing lines round the valleys and mountains of Wales to have seats that had coherence for the Member seeking to represent them.

However, it is clear that there is not a mood for compromise, regardless of the merit of our arguments. To borrow a famous phrase, you can lead the Minister towards a sensible position but, unfortunately, you cannot make him adopt it—or, at least, not now.

One of the major arguments that we had with the coalition Government, which of course included the Liberal Democrats as well as the Minister’s own party, was over the reduction in the number of MPs from 650 to 600, despite the population having grown and despite almost the same number being put into your Lordships’ unelected House at the same time. We warned the two parties then and we voted against them, but they were determined. So I am delighted that they have now seen the sense of our arguments. Welcome to our viewpoint—and perhaps in due course they will see the good sense behind Amendments 1, 2 and 7.

In particular, given the cogent arguments, and the concern of this House, we had hoped in all sincerity to see some movement on the amendment proposed by the noble and learned Lord, Lord Thomas of Cwmgiedd. Given that Parliament will no longer have any backstop role over boundaries, the independence of commissions —which will no longer be advisory; they will effectively be law-makers—is even more vital. The noble and learned Lord sought to depoliticise, and therefore legitimise, the appointments process.

The Government’s position is a little concerning. It is true that some might be comforted by the departure of certain personnel from No. 10; nevertheless, the only true guarantee of independence is a transparent process guaranteed in law. Indeed, dealing, as we are, with this issue just at this moment, or, in the words of the noble and learned Lord, Lord Thomas, in the times in which we live, when others such as Peter Riddell and the noble Lord, Lord Evans, have questioned how supposedly independent appointments are actually made, a very clear signal in this Motion that no elected politician would have any say would have been warmly welcomed.

Ministerial Code

Lord Tyler Excerpts

Tuesday 24th November 2020 Lords Chamber

Asked by

[Lord Tyler]

To ask Her Majesty’s Government whether their Ministers are expected to abide by the standards of conduct in the discharge of their duties as set out in the Ministerial Code.

[The Minister of State, Cabinet Office (Lord True) (Con)]

Yes, they are, my Lords. The Ministerial Code sets out standards of behaviour that Ministers are expected to maintain. Ministers are personally responsible for deciding how to act and conduct themselves in the light of the code and for justifying their actions and conduct to Parliament and to the public to whom they are ultimately accountable. The Prime Minister takes any allegations about misconduct very seriously and is the ultimate arbiter of conduct.

[Lord Tyler (LD) [V]]

My Lords, on 2 November the Minister assured me and the House that the inquiry into bullying by the Home Secretary was wholly independent and free of all political and personal interference. Given that the Prime Minister prejudged that inquiry by expressing every confidence in her, promised to stick by her and then tried unsuccessfully to tone down the report before sitting on it for many months and rubbishing its recommendations, does the Minister now regret that he was misled? The Prime Minister promised that the Ministerial Code would outlaw bullying and harassment, but he has made the process a sham and the outcome shambolic. This is what Obama calls “truth decay”. Why should civil servants—or, indeed, anyone else—now trust the Prime Minister’s promises?

[Lord True (Con)]

My Lords, I infer from his remarks that the noble Lord did not prejudge the outcome of the inquiry. The Cabinet Office published the Sir Alex Allan’s findings on the Home Secretary’s conduct. The PM, as the arbiter of the code, considered all the findings carefully and, weighing up all the factors, the Prime Minister’s judgment is that the Ministerial Code was not breached.

Home Secretary: Allegations of Bullying

Lord Tyler Excerpts

Monday 2nd November 2020 Lords Chamber

Asked by

[Lord Tyler]

To ask Her Majesty’s Government when they expect to publish the report of their investigation into allegations of bullying of officials by the Home Secretary.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, the Government take complaints relating to the Ministerial Code seriously. The Prime Minister asked the Cabinet Office to establish the facts in line with the code. To protect the interests of all involved, the Government do not comment on the specifics of this kind of ongoing process. The Prime Minister will make any decision on the matter public once the process has concluded.

[Lord Tyler (LD) [V]]

My Lords, justice delayed is justice denied. Surely for civil servants in the Home Office, past and present, this long delay of eight months is intolerable. In accord with natural justice, can the Minister now confirm that no one with a personal or political interest will have had any involvement whatever in the independent investigation into the behaviour of the Home Secretary, the report or the timing of its publication, and that that will clearly rule out any involvement by the Prime Minister?

[Lord True (Con)]

My Lords, I can certainly confirm that the process is independent, but I can only repeat that, to protect the interests of all involved, the Government do not comment on the specifics of this kind of ongoing process. I repeat that the Prime Minister will make any decision on the matter public once the process has concluded.

Civil Servants: Public Procurement

Lord Tyler Excerpts

Thursday 29th October 2020 Lords Chamber

[Lord Tyler (LD) [V]]

My Lords, in the light of the report from the Good Law Project on procurement referred to by my noble friend Lord Scriven and the noble Baroness just now, can the Minister confirm that there is comparable transparency where the personal and political interests of Ministers and special advisers are in question? I cite the specific example of the £276 million PPE contracts, to which I have drawn Ministers’ attention.

[Lord True (Con)]

My Lords, Ministers are bound by the Ministerial Code and civil servants are bound by the Civil Service Management Code, from which I have quoted. Special advisers are also required to conduct themselves in accordance with the code of conduct for special advisers and the Civil Service Code.

Parliamentary Constituencies Bill

Lord Tyler Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Thursday 15th October 2020 Lords Chamber

[Lord Tyler (LD) [V]]

My Lords, the Bill will return to the Commons substantially improved. I, too, pay tribute to all who have helped to make it so, including the Minister, the noble Lord, Lord True, by accepting and endorsing the important change originally promoted by the noble Lords, Lord Young of Cookham and Lord Cormack. The Minister explicitly accepted that it is the right and responsibility of your Lordships’ House to perform this task, not least when MPs and the governing party may need the corrective of relatively dispassionate, non-partisan, independent scrutiny of electoral law. Although he was not able to endorse the specific proposals for strengthening the independence of the Boundary Commissions, I sense that he was sympathetic there, too.

The Bill is improved in particular because it now provides more continuity and less disruption for all concerned, especially for electors, as well as for those whom they elect. It is more people-friendly and less obsessed with party advantage. Neither the extension of the review periods from eight to 10 years, nor the greater flexibility available to the four Boundary Commissions will materially weaken the Government’s declared aim. We may argue, when other legislation reaches us, that their manifesto promise of

“making sure every vote counts the same—a cornerstone of democracy”

will have to be addressed by a more effective voting system but, in the meantime, we can surely agree that to insist on retaining the previously drafted eight-year review or the narrow 5% variation in the electorate quota would be absurd in this context. The exhaustive and forensic analysis by authoritative academics, which has been the core factual evidence provided to us all, should reassure MPs that they can accept these improvements without materially undermining the purpose of the Bill. Had the Bill continued in its original form the majority of constituencies, up to two-thirds of MPs, could have been faced with the knock-on impact of absurdly irrational and irritatingly regular alterations. To stick with the original proposals, at the risk of far too much disruption, too often, for constituencies and constituents, would be as perverse as it would be pointless.

The other very welcome change relates to the inclusion of immensely practical provisions to encourage young people who should be taking on their civic role as full citizens at the age of 18 to be registered. The current shortfall, reported by the Electoral Commission, is scandalous. Some people—even Ministers—seem unaware that there is a firm obligation for these attainers to be on the electoral register. Voting is entirely voluntary, of course, but not so registering, as this is the pool from which juries are appointed—hence, those who are eligible and are not specifically exempted can be fined for failing to do so. I hope that Ministers will not seek to undermine that obligation and will encourage local electoral registration officers to remind people at every opportunity of that civic duty.

The formidable case for this modest reform set out in the letter to Ministers from the group of senior academics should be conclusive. This team, from the universities of East Anglia, Liverpool, Manchester and Newcastle, provides point-by-point analysis of both the need for and the efficacy of these changes. Again, we must hope that MPs will recognise that the very large majority in your Lordships’ House for that new clause on registration represents a substantial cross-party, non-party agreement on the way forward.

Finally, on behalf of the Liberal Democrat Peers, particularly those who have worked on the Bill, I express our thanks and admiration to all those who have assisted the House in reaching this consensus success: the Minister and his team, the Public Bill Office and other officials of the House, Members from all sides who have valued the integrity of the democratic process and, most especially, the academic experts who give us their well-researched and non-partisan advice.

Parliamentary Constituencies Bill

Lord Tyler Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 8th October 2020 Lords Chamber

[Lord Blunkett (Lab)]

It is always a pleasure to follow the noble Earl, Lord Shrewsbury, not least because of his own and his family’s historic links with the city of Sheffield. However, I have to disagree with him on this occasion. I shall speak briefly in favour of the amendments because I want to speak again on Amendment 12 and the substantive issue around that.

To pick up the point that was just made by the noble Earl, if we are not to have the catastrophe of a major shift in population further away from the north of England, we will have to take the opportunity of the use of social media and more imaginative and creative ways of bringing jobs to people, rather than people having to go to existing jobs; otherwise, we will have an even greater imbalance in the country, both economically and socially, than we have already.

The simple point I want to make is one that I made in Grand Committee. Unlike the noble Lord, Lord Taylor, I do not believe that the issue is about the Member getting to know the constituency before they are elected, if they are lucky enough to be so; it is about the constituents getting to know the elected Member. In the single-member constituency framework that we have and of which I am in favour, it is absolutely fundamental that the constituents know who is representing them, that they know where to contact them and that a constituency Member gets to know the critical areas of the community so that they become a voice for the area, whichever party they start off representing.

I want to make just one additional point in response to the noble Baroness who has spoken against these amendments. I experienced an interim boundary change because of local authority boundary reorganisations. It was nowhere near as disruptive as the major and complete rebanding of constituencies in the period that I experienced otherwise. It added a part of Hillsborough into the Brightside constituency, which has allowed me to take the title of Brightside and Hillsborough—although I spent a lot of time in Hillsborough, not least in the football ground, when we were permitted to do so.

This is all about stability and the arrangements that complement and develop the concept of the citizen knowing who represents them in our system. These amendments are a sensible way of ensuring that we do not have constant disruption. That may be good for numerical equality, which we will come to later, but it has absolutely nothing to do with democratic representation.

[Lord Tyler (LD) [V]]

My Lords, I agree very much with what the noble Lord, Lord Blunkett, has just said about the emphasis on people’s interests rather than those of politicians, and I shall come back to that in a moment.

In the interests of brevity, I wish merely to reiterate our support for these two amendments which have been clearly explained by my noble friend Lord Rennard, and to emphasise our approach to the Bill, because we are just starting on this process again. We are concerned to minimise excessive, unnecessary and pointless disruption. Anyone who has had the privilege of serving as a Member of the House of Commons knows that the commitment is to people—the human geography rather than just the physical geography—and for that purpose we are concerned about the way in which this Bill has been drafted. However characterful a constituency may be in its built as well as its natural environment—I challenge anyone to compete with north Cornwall on that score—you represent views rather than vistas. That is why a better electoral system with multi-member constituencies would indeed be much more representative than the present one.

In the context of this Bill, for those reasons, we are determined to maintain a consistent relationship between people and their representatives wherever and whenever there are no overriding reasons to break it. I admit that this is a conservative approach, but it is also the people-friendly one, and I hope that that will appeal to the Minister. It is a matter of appropriate balance, as other noble Lords have said. We support the amendments.

--- Later in debate ---

Therefore, I regret not being able to put down an amendment. I accept and welcome this amendment, but I hope there will be recognition that the vast majority of these processes are not lengthy, complicated and unnecessary post-drafting processes. The vast majority can be undertaken at a much earlier stage.

[Lord Tyler (LD) [V]]

My Lords, the noble Lord, Lord Hayward, has brought some very important, practical questions to your Lordships’ House this afternoon. I hope the Minister will be able to reply to them. The noble Lord speaks with a great deal of experience and expertise on these issues. It is significant that he has done the research to spot some potential difficulties.

In the meantime, I am full of admiration for the noble Lord, Lord Young of Cookham. We have known each other for many years and I have a huge amount of respect for his experience of the way in which ministries, Whitehall generally and the House of Commons and House of Lords operate. He has almost unique experience. It is interesting that so many distinguished former MPs and Ministers have contributed to the development of this amendment at all stages, some of whom spoke again this afternoon. I wonder whether the noble Lord, Lord Young, who must be one of the best experts to tell us about what happens behind the scenes, is wholly confident that the amendments he is now promoting, as he said, put these matters out of reach of political mischief. If they are totally out of reach of political mischief, we will be all be relieved; if he is confident of that, I take his word as very persuasive.

However, I take seriously the issues originally raised by my noble friend Lord Campbell of Pittenweem and then referred to by the noble Lords, Lord Grocott and Lord Cormack—quite a trio. They were asking what exactly the exceptional circumstances were that would permit any return to a more lackadaisical approach to the timing of the tabling of these proposals from the Boundary Commissions. If the Boundary Commissions are, as the noble Lord, Lord Hayward, just said, absolutely specific and there is no room for manoeuvre for Ministers or the House of Commons, surely it should be a much smoother operation than is implied here, even in exceptional circumstances. I hope the Minister will explain in his response exactly what he has in mind.

We should pay tribute to the Minister. It is always a mark of a good Minister and a listening Government when there is a move between Committee and Report. There has been a move; the Government have accepted a change here and we should all welcome that. It is a sign of a Government who are prepared to think again, and that must be healthy.

It also indicates that this Bill is being improved in your Lordships’ House. I know there were some Conservative Members who thought it was rather inappropriate for the House of Lords to make any changes to a Bill that dealt specifically with elections to the other place. As a former Member of Parliament, I take exactly the opposite view; after all, there is a degree of self-interest at the other end of the corridor which we hope at this end we are largely able to avoid. We have a greater degree of impartiality in that respect.

As a result of two Divisions and likely support for this amendment, we now have some changes that will undoubtedly have to be considered in the other place. It is very healthy that MPs be asked to think again about these issues. As was mentioned in a previous debate, there is already substantial Conservative Back-Bench rethinking on the important issues of the 7.5% quota tolerance in preference to 5% and on the 10-year review period. I therefore hope that the fact that there is now government support for a government change to their Bill will be taken as an indication that our role in this House is to make sure that this Bill is improved before it goes back to the other place.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, we do not need to detain the House on an amendment where everything has been said and has been said by everyone. I simply applaud the Government, as we have just heard, for seeing sense on this amendment, which answers one of the two fundamental issues which concerned us about moving from a final parliamentary sign-off towards automaticity—that is, the ability of the Executive to delay the implementation of the Boundary Commissions’ plans, despite having handed effective authority to the commissions to put those plans into law. Without this amendment, no one, neither the commissioners nor Parliament, could have forced the Government’s hand had they chosen to delay.

I retain one concern, which is that retained by the guinea pig—not the guinea pig, the noble Lord, Lord Hayward, who obviously gets his feeds on automaticity even faster than I can. The issue he raised about what might happen should the Government decide to call an election during that four-month period should continue to concern us.

I had assumed that “exceptional circumstances” meant that, but that in itself is quite worrying. As my noble friend Lord Grocott and the noble Lord, Lord Cormack, have said, we need more explanation about what exceptional circumstances are—putting aside Covid because, as my noble friend said, that would be dealt with in another way. Given that the Government are committed to repealing the Fixed-term Parliaments Act, which puts the decision back into No. 10, there must remain a worry that a difficult boundary review could somehow be circumvented. The Minister needs to allay these fears which, as he has heard, are from across the House.

The issue of the time cap introduced by this amendment was a major concern to us. It was not the major one for the Constitution Committee—we will come on to that shortly in Amendment 11, about moving to automaticity—but it was certainly one of our two major concerns. The fact that the Government have accepted and even put their name to the amendment means that it would be churlish for me not to say that we support it too.

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[Baroness Hayter of Kentish Town (Lab)]

My Lords, technically I rise to move Amendment 12, in the name of my noble friend Lord Lennie and the noble Baroness, Lady Finlay, but I must say that I will withdraw it at the end of this group. However, I will move, and shall now speak to, Amendment 13, in the name of my noble friends Lord Lennie and Lord Grocott. It is on that amendment that we will seek to divide the House.

Everything that we heard in Committee made it clear that the change in the 2011 Act—setting such a very low tolerance level within which the boundary commissioners could do their work—will mean that communities, ward boundaries, rivers, lakes, mountains and motorways will have to be crossed to engineer exactly the right mathematical numbers. Those final boundary moves—sometimes mere tweaks—to reach the required numbers make even less sense when set against the number of people not even on the electoral roll.

It is estimated that some 20% of eligible voters are not registered, which is, on average, about 10,000 per constituency; the Government are obsessed with the last 3,000 or 4,000. I remind the Minister that this is a smaller number than when there were to be 600 constituencies under the 2011 Act. The average number per constituency was therefore larger, so the 5% tolerance then gave a larger number of electors for the margin in which the Boundary Commissions work, but the very welcome return to 650 Members reduces the average number per constituency and therefore reduces the 5% either way within which the Boundary Commissions can do their work. Therefore, the last 3,000 or 4,000 the Government are so wedded to is actually very small compared with the about 10,000 per constituency who are not even on the electoral roll. Indeed, perhaps if the Government could spend as much energy on getting those 10,000 on to the register, any talk of democratic equivalence and fair votes would have a little more resonance.

The resulting splitting of communities that 5% requires also flies in the face of the reality—as we heard in the debate on today’s first group of amendments—that MPs represent areas, not just individuals. Of course, areas do not vote, but it means that MPs can best represent those individuals if they understand and have a good relationship with the organisations within those constituencies. Therefore, breaking through, for example, a school’s catchment area—sometimes for small numbers to get the percentage right—means that issues of education could pull in more than just the MP in whose seat the school is located, because the narrowness of the margin does not allow for the catchment area to be included in that seat. That will sometimes happen at the borders of constituencies, but to make it happen for a mathematical formula seems particularly unhelpful.

It can also be argued that it is not good for accountability as it does not help an MP represent the totality of an area. Communities have natural boundaries and sometimes they will have to be cut through, as I say, but we should minimise that by giving the Boundary Commissions a bit more space to allow them to respond to local circumstances.

The very slight change to an extra 2.5% either way would give the commissions an extra bit of leeway to respond to travel patterns, geographical community or the needs of an area without having the knock-on or ripple effects on neighbouring seats so that again, and sometimes for no good reason, a neighbouring community is impacted just because the numbers do not quite fit in the first seat.

This will be of particular help in rural areas or, I have to say again, communities in Wales where the mountains and valleys impose geographical constraints which perhaps are not particularly well understood in SW1, or indeed some other conurbations. Amendment 13 would make the margin 5,500 rather than 3,500 and provide some helpful flexibility—if it is needed; it does not have to be used—so that those who are holding the pencil can draw boundaries that really do represent communities and which allow people to have a community-based relationship with their Member of Parliament. I beg to move.

[Lord Tyler (LD) [V]]

My Lords, our own amendment in this group is Amendment 14 in my name and that of my noble friend Lord Rennard, but I will refer also to others in this group which offer slightly different solutions to the fundamental problem with this Bill that all the signatories agree is so apparent. As Members of your Lordships’ House will have observed, we have modified our suggested solution in the spirit of compromise appropriate to Report. We had previously recommended a basic quota variance of 8%, but we took careful note of the developing consensus in Grand Committee, and we now endorse 7.5% as providing the essential and reasonable flexibility that so many Members are seeking and to which the noble Baroness has just referred.

From Second Reading right through our discussions, a clear majority of contributors have expressed concern about the very narrow 5% tolerance currently in the Bill. As has already been indicated, that concern is now echoed across the House of Commons. We must all hope that the Government are also determined to reach a sensible consensus by compromising on this figure. They have nothing to lose by doing so. As the forensic academic analysis by the late Professor Johnston and his colleagues has demonstrated so conclusively, the perceived electoral imbalance between Conservative and Labour constituencies would not be especially adversely affected by this simple and flexible adjustment. What would be changed would be the widespread disruption of so many constituency boundaries. Those newly elected Conservative MPs, especially from seats hitherto not held by the party in the north and the Midlands, may now recognise the attraction of a more measured approach in this forthcoming review. They may also be especially apprehensive about potential “blue on blue” contests. This was the core of the evidence presented to the Commons Bill Committee.

We take very seriously the point just made by the noble Baroness about the number of people who are currently eligible to be on the register but who are not there. We believe that in the months of the process of the review, this may be improved; in which case, of course, there might be quite considerable increases in particular constituencies. It is also true that if the Government eventually pursue their intention of increasing the franchise to those who have moved abroad, that too could mean a considerable difference during the actual process of the review. If, for example, anyone decides to move permanently from the London area to the Ancona area in the east of Italy and they wanted to retain their voting rights after 15 years, that could make a major difference to one of the boroughs in London. That may be true of other areas and for other individuals as well.

Meanwhile there is common ground across your Lordships’ House that the insistence on the 5% variance straitjacket, imposed on the four Boundary Commissions, will result in more changes with 650 constituencies than were proposed with the previously proposed 600 constituencies; then more regular changes for more constituencies at more reviews; and there would be more consequent knock-on changes even to adjoining constituencies which are themselves within the limits. Incumbents who believed themselves to be safe would suddenly find that they are far from it. There would also be more disruption of historic, geographically and socially cohesive communities. Finally, there would be more disconnection between MPs, councillors and the public at more regular intervals than is either necessary or desirable.

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Moved by

[Lord Tyler]

15: Clause 6, page 5, line 2, at end insert—
“( ) After rule 5(2) insert—“(2A) Each constituency in any part of Cornwall must be wholly in the unitary authority area of Cornwall Council, and no other authority area, except for the Isles of Scilly.””Member’s explanatory statement
This amendment would ensure constituencies in Cornwall remain within the unitary authority area of Cornwall, with the exception of the Isles of Scilly.

[Lord Tyler (LD) [V]]

My Lords, I wish to speak to Amendment 15 in my name. Again, I am delighted to have the support of the noble Lord, Lord Bourne of Aberystwyth, who has consistently endorsed my plea that the especially distinct identity of Cornwall should be recognised in this legislation. I am also pleased to have the support of my noble friend Lord Teverson, who has given great public service to Cornwall.

Members will know that every single group leader on Cornwall Council has also endorsed my proposition since we discussed this matter last, in Grand Committee. As they have reminded us, Parliament has an obligation to recognise the historic and cultural identity of Cornwall. The 2014 inclusion in the Framework Convention for the Protection of National Minorities spelt out that recognition of the unique identity and integrity of Cornwall, and the need to protect the political integrity of its territory. Uniquely, physical geography reinforces that separate identity. If you try to follow the boundary between England and Wales, or England and Scotland, or even Northern Ireland and the Republic, you find yourself following the devil’s own job. Indeed, you can find yourself endlessly crossing invisible lines. On the other hand, if you try to cross the boundary into Cornwall, you will get very wet. The constituency I served ran for miles along that natural boundary; the administrative separation is clear and logical. I would have found it unnecessarily bureaucratic and hugely time consuming to have to deal with Truro and Exeter council officials 100 miles apart, and my constituents would inevitably have suffered had the boundary been removed and a constituency crossed it.

As we all know, physical geography can determine human geography, and never more so than in the history of the Cornish peninsular. I admit that I am strongly prejudiced. As I mentioned in Grand Committee, my ancestors arrived in north Cornwall around 1066. Perhaps more significantly, I am directly descended from Bishop Jonathan Trelawny, on whose behalf the national song records that 20,000 Cornishmen threatened to march on London to secure his release from King James II’s clutches. This reminder of the extent of Cornish self-awareness, this pride in our distinct history and determination to maintain the identity and integrity of Cornwall is obviously very relevant for the Bill. Hence the support of Cornwall Council.

In Grand Committee, the Minister seemed sympathetic to our case, but then went off on a tangent about Devon and other English counties. I admit that the wording of our amendment then may have helped to create a misunderstanding. With the admirable assistance of the Public Bills Office, we have tightened up the amendment for this debate. It refers solely to the electoral integrity of Cornwall.

I acknowledge that the combination of 650 constituencies and the 7.5% margin, which we have just voted for, on either side of the expected base figure of around 72,000 electors will probably mean that breaking out of Cornwall’s traditional boundary may not be necessary in this review. However, it would surely be wholly preferable for the legislation to leave no shadow of doubt, any more than it does with the borders of England with Wales and Scotland. It could be helpful to create this clarity for future boundary reviews. Who knows how the electorates will vary in years to come?

One does not need to be a separatist to acknowledge the strength of this case. Indeed, I believe that the continuing unity of the United Kingdom depends on accepting the lessons of diversity here, as with the other Celtic nations. I beg to move.

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, it is a pleasure to speak to this amendment, so ably moved by the noble Lord, Lord Tyler. I thank my noble friend the Minister for his characteristically courteous and constructive approach in handling the Bill.

I strongly support the unity of Cornwall in parliamentary terms, so that its constituencies are solely within Cornwall. I appreciate that, as became apparent in Grand Committee, the case for Cornwall is echoed in other parts of the country. My noble friend the Minister made this point very forcefully in Committee. I think he cited Suffolk as an example, while acknowledging the distinctive nature of Cornwall. There are two aspects that make Cornwall unique. First, as the noble Lord, Lord Tyler, said, Cornwall is the only county that borders just one other; it is thus much easier to protect Cornwall’s unique position in any constituency review.

Secondly, and again uniquely, Cornwall has a distinct culture and language which mark it out. In 2014, this status was recognised in the Framework Convention for the Protection of National Minorities. That distinctive character is underlined by the Cornish language and culture. The use of the Cornish language supports the visitor economy in Cornwall and is being used increasingly in tourism. A Conservative Government should be in the vanguard of protecting an indigenous language of these islands and indeed supporting the culture of Cornwall. This amendment presents a real opportunity to do so; a real way of accomplishing that.

I believe that in this legislation we currently protect the coherence of islands in our parliamentary arrangements, which is something that I strongly support. We do this in Orkney and Shetland, the Western Isles, Ynys Môn and the Isle of Wight. If it is right to protect the integrity of specific islands in parliamentary terms, and I believe absolutely that it is, then it is right to protect Cornwall too. It is, after all, an island as well, but one that just happens to be joined to Devon.

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[Lord True (Con)]

My Lords, I am grateful for the opportunity to respond to this short debate. Its brevity does not detract in any way from the importance of the points put forward. I am grateful to the noble Lords who have spoken. I have discovered that, as far as jam and cream are concerned, I am a Cornish man, rather than Devonian—not that I am allowed to eat such things any more; you can ask my wife about that.

I do not want to belittle the thing, but the one thing I would demur about is the suggestion that this Government do not care or have a concern about community. This Government have a profound concern for community, and every fibre of my being, in the life I have led in local government, reinforces that sense within me. I totally understand the passion, commitment and sense behind the amendment to protect constituencies in Cornwall.

I will not repeat the arguments that I made in Committee. There is a problem, and there is a reason why, in principle, it would potentially be difficult, in that other communities might argue and ask why they had not had the same protection. I mentioned Suffolk and Norfolk. I do not equate Cornwall with any other place—Cornwall is special—but, on the other hand, I remember a storm arising in a field in East Anglia when I was a very small boy, and my grandmother, who came from a long line of Lowestoft fisherfolk, as we call them these days, took my hand in hers and said, “Don’t worry, a storm can never cross the water,” by which she meant the River Waveney. There are places where boundaries are felt to be important. I believe community arises and is not measured against other people but within ourselves, within place and a range of things that make up who we are.

I understand where this amendment is coming from, and I understand the argument from community. I hope and expect that the Boundary Commission will recognise, with the latitude it has, the importance of community—including the sense of being Cornish. The Government are, however, committed to constituencies as equally sized as possible, and that aspect of the protection of constituencies, apart from with the islands, is held to be important.

The Government certainly understand the point. My noble friend Lord Bourne was manifest in this when he was a Minister and the noble Lord, Lord Teverson, was kind enough to say so, quite rightly. The Government recognise the importance of Cornwall and being Cornish. Indeed, last year we provided £200,000 of financial support, I believe, to fund a range of Cornish language projects, as well as work to tackle barriers to systematic education provision around the Cornish language. Although I cannot accept this amendment, I assure the House that the distinctive nature of Cornwall is understood. I am reinforced in feeling able to advise the House that we do not need this amendment because, as the noble Lord, Lord Tyler, said, our expectation is exactly his expectation: we do not expect, given the 600 constituencies and the tolerance suggested, that there should be a case or a need for the new constituencies to cross the Tamar. It appears likely that they will remain within those bounds and, if I am allowed to express a personal view from the Dispatch Box, I hope that they will. I am sure that will be shared by many in the Government.

I respect the views expressed here, and I understand them, but I do not believe, given the potential knock-on effects, such as questions as to why other communities and places are not recognised, that we should put it in statute. I hope that, having heard those assurances— and I repeat the sense that the Government are well aware of the importance of Cornishness and Cornish sentiment—that the noble Lord, who has spoken so ably on behalf of that great county, will feel able to withdraw the amendment.

[Lord Tyler (LD) [V]]

My Lords, I am very grateful to all Members who contributed to this short debate, particularly the Minister—and I will come back to him in a moment. In the meantime, I hope that all Members of your Lordships’ House recognise that the vote we undertook, less than an hour ago, to extend the tolerance either side of the quota norm to 7.5% actually makes it much easier for us to recognise Cornwall as a separate entity. That room for manoeuvre will, I think, as the Minister hinted just now, mean that there will not be another threat of a “Devon wall” seat. However, I do not take anything for granted: it might be that we will not have, when the Bill finally gets Royal Assent, that degree of flexibility. I just hope that we do. On the previous proposal for a seat that would cross the Tamar—the so-called “Devon wall” threat—I am sorry to say that a number of Conservatives, locally as well as nationally, just accepted it, which was very regrettable. We should have had unanimity across the parties, as we now have in Cornwall Council, as is represented by the letter it sent to us all.

The vote that took place less than an hour ago has made the situation simpler, because it is very unlikely that that threat to the boundary will happen again, as, indeed, the Minister has now accepted. I know that some would want to try to make sure that the removal of that threat became permanent. However, I am conscious, as someone who is keen to maintain the law and the constitution, that no Parliament can absolutely commit a successor, any more than a Government can. To pass an amendment at this stage might not be appropriate for the present review we are discussing and is unlikely to be necessary for a future review. Of course, that might not be a solid proposal if we get some fallback from our excellent vote of just a few minutes ago—but I think we can now be reasonably confident that there will not be another “Devon wall” seat in the immediate future.

I take seriously what the Minister has said. He said in terms, “Cornwall is special”. I have underlined that and write it in heavy type. I know he feels strongly about the boundary between Suffolk and Norfolk, which I happen also to know, but it is nothing like as firmly and clearly defined and delineated on the map of Great Britain as is the boundary between England and Cornwall. But I take seriously and respect what he has said. We all want to respect communities better and, par excellence, the community, history, integrity and identity of Cornwall is special. In the meantime, I am happy to beg to withdraw my amendment.

Amendment 15 withdrawn.