Parliamentary Constituencies Bill

Lord Wallace of Saltaire Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 27th July 2020 Lords Chamber

[Lord Wallace of Saltaire (LD) [V]]

My Lords, I reiterate what we from these Benches have said about this Bill: we welcome a number of its proposals; we have reservations about specific aspects, on which we will put down amendments; but we disagree fundamentally with its assumptions about the nature of fairness, equal votes and democracy, about which the noble Lord, Lord Clark of Windermere, made a powerful speech.

I remind the House of the historical justification for the United Kingdom’s single-member first past the post electoral system—a system now retained by only a small remnant of democratic countries, most notably the United States. It was that each Member of Parliament represented a recognisable community—a borough or part of a shire: a coherent community with its own sense of history and continuity, as Edmund Burke wanted.

The Conservative proposal to squeeze variation in constituency sizes down to 5% was based on the belief that differences in size between constituencies systematically favoured the Labour Party. Arguably it may have done, 20 years ago. But, as my noble friend Lord Tyler demonstrated, there is no evidence that it does so today. The Conservative Party does not need to distort constituency boundaries like this to protect its partisan interests, weakening further the link between historic communities and parliamentary seats. Lose the link with communities and you destroy the rationale for first past the post.

The Government recognised that the sense of community with regard to boundaries matters enough to make exceptions for the Isle of Wight and now Anglesey—but why not Cornwall? Why not Devon and Somerset? Common sense would suggest that we should, and the Minister will recall that the Prime Minister loves appealing to common sense, against expert advice or against prejudice. Common sense would also suggest that, if the Government were really concerned with fairness and equal votes, they would propose a different voting system.

The Government’s justification for maintaining 650 MPs—the loss of MEPs increasing their workload—is very weak. The workload of English MPs has increased in large part because the importance of local government and of local councillors has decreased. If we wish to restore public trust in democracy, we should start by rebuilding local democracy and devolving more powers from Westminster. The strongest argument against reducing the number of MPs was that it would increase the Government’s influence over the Commons, as several speakers have said, but perhaps the expanding role of special advisers that the Government are now pushing through means that we now need fewer junior Ministers in any event.

Unless the Government retreat from their manifesto pledge on extending voting rights to long-term overseas citizens—as they have just retreated on the promise of a constitutional commission, as the Telegraph reports—we may expect another million or more names to be added to the register soon after the new boundaries have been drawn up. If they are distributed evenly across the UK, it would add some 1,500 voters or more per seat—but of course the overseas voters are much more likely to be concentrated in urban seats, perhaps up to 5,000 or 6,000 more in our major cities. That is a strong further argument for relaxing the 5% limit that the Government want to introduce, which we will want to discuss further in Committee.

The Bill is about the rules of democratic engagement in the UK. As with all discussions on constitutional rules, Governments should be careful to carry cross-party opinion with them and avoid too narrow and obvious a concern with partisan advantage. Ministers should always ask themselves: would I be happy if a Government of a different persuasion wanted to use executive powers in the way that we are doing? We will discuss that, for example, on the question of parliamentary approval for Boundary Commission proposals.

The Government’s withdrawal of their promise of a commission on the constitution in favour of “expert panels” to look at curbing the powers of the judiciary, the functioning of prerogative powers and the relationship between government and Parliament raises wider issues about our constitutional democracy. I assume the experts for these panels will be chosen by Michael Gove and Dominic Cummings—not a basis for broader public consent and certainly not the manifesto’s promise of a

“look at the broader aspects of our constitution”.

After all, many speeches in this debate have argued that we now need to look at our constitutional arrangements as they interact, including with the devolved nations, not tackle different aspects of our constitution piecemeal as this Bill does.

I recommend to the Minister for his holiday reading the excellent new book by Anne Applebaum, Twilight of Democracy. She traces the way in which friends she and her husband used to regard as democratic conservatives in Britain, the United States, Poland and elsewhere have slid towards an acceptance of authoritarian populism, claiming that their party is “the real people’s party”—as the noble Lord, Lord True, said recently—and that it alone stands for the people, while dividing their countries and undermining their institutions and the rule of law.

There are those within the current Government who are clearly tempted by this betrayal of the Conservative constitutional tradition. I hope that in the consideration of this Bill and in wider discussions of judicial, parliamentary and executive reform, the Minister and his colleagues will stay true to the Burkean tradition and carefully resist efforts to weaken the conventions and rules that underpin our constitutional democracy.

Parliament: Restoration and Renewal Project

Lord Wallace of Saltaire Excerpts

Wednesday 22nd July 2020 Lords Chamber

[Lord True]

My Lords, the sponsor body is independent: that was the decision of your Lordships’ House and of the other place. The strategic review was announced in May by the sponsor body and it is for it to progress as it wishes. It is open to every Member of Parliament, not just the Prime Minister, to put forward their views to the sponsor body.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, I understand that the Prime Minister’s letter proposing that both Houses of Parliament might relocate to York had already been sent when the Minister answered questions on this on 15 July, yet he made no reference to it in any of his replies. Was that because he was not aware of the letter or because he chose not to inform this House that the Commons might also be moved?

On 9 July, in answering questions on the ISC report on Russia, he described suggestions that the Conservative Party had received large sums from Russian donors as “wild charges”. Now that several articles in the quality press and the published ISC report have substantiated that such sums have been accepted by the Conservatives, will he withdraw that reply?

[Lord True]

My Lords, I think the second part of the noble Lord’s question is germane to the Question that follows; I am not sure if he has a chance to ask a question on that. The Conservative Party’s donations are declared, permissible and controlled. On the first part of his question, I stand by every word I used last week.

House of Lords and Machinery of Government: Consultation on Changes

Lord Wallace of Saltaire Excerpts

Wednesday 15th July 2020 Lords Chamber

Asked by

[Lord Wallace of Saltaire]

To ask Her Majesty’s Government what plans they have (1) to consult relevant Parliamentary select committees about the constitutional implications of, and (2) to await the outcome of the proposed Constitution, Democracy and Rights Commission to inform, changes to (a) the machinery of Government, (b) the location of their departments and the civil service, and (c) the location of the House of Lords.

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

My Lords, the Government have committed to ensuring that the administration of government is less London-centric and to locating more Civil Service roles and public bodies out of London and into the regions and nations of the United Kingdom. No decisions have yet been taken on the form and scope of the commission on the constitution, democracy and rights. We will consult Select Committees about any relevant decisions in the normal way.

--- Later in debate ---

[Lord Wallace of Saltaire (LD) [V]]

My Lords, if one wants to distribute civil servants around the country, proper devolution for England would be the best way by far to do that. The Conservative manifesto last December declared:

“we also need to look at the broader aspects of our constitution: the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative; the role of the House of Lords”

and that they would

“set up a Constitution, Democracy & Rights Commission that will examine these issues in depth”.

Instead, No. 10 is briefing out piecemeal changes that were not in the manifesto but which only appeared in Dominic Cummings’s blog. Is Cummings’s blog now more authoritative as a guide to government policy than the manifesto?

[Lord True]

My Lords, at risk to my career, I must say that Mr Cummings’s blog is not on my reading list, and I do not normally consult social media in general. However, I say to the noble Lord that the commission will examine the broader aspects of the constitution in depth and develop proposals to restore trust in our institutions and the operation of our democracy. We will consider the composition and focus of the commission carefully and will provide an update in due course.

House of Lords: Relocation

Lord Wallace of Saltaire Excerpts

Tuesday 14th July 2020 Lords Chamber

[Lord True]

My Lords, this great House is part of a legislature, and in any consideration of its future the exigencies of parliamentary practice and procedure will always have to be considered. The Government will, of course, give careful consideration to ensuring that our Parliament continues to operate effectively.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, if, as the Minister has just confirmed, the final decision is a matter for Parliament alone, can he explain the justification for the extensive press briefing last week and Michael Gove’s confirmation that this is indeed something the Government are considering? Have there yet been any assessments by the Government of how this will be taken forward? Have there been any studies either of the site in York—which has actually been vacant for some time because they find it very hard to get interest from commercial operators for it—or how this will affect the relationship between the two Houses or between Parliament and Government? If not, why not?

[Lord True]

My Lords, I just said that the relationship between the two Houses and parliamentary procedure will obviously be matters for consideration. Noble Lord will know that the R&R process means that the sponsor body has to consider alternative sites for Parliament. This is a matter on which there will be further announcements in due course.

Intelligence and Security Committee: Russia Report

Lord Wallace of Saltaire Excerpts

Thursday 9th July 2020 Lords Chamber

[Lord True]

My Lords, I will not repeat what I said about the view that we take of the Putin Government’s disinformation activities. I note what my noble friend said. I hope I have told the House that a Motion will be tabled for the establishment of the committee next week, and I am sure the committee will take note of what my noble friend and others have said about the importance of publishing the report.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, I am sorry that the Minister has used the term “wild charges” to describe the question asked by the noble Baroness, Lady Jones. I have read in a number of serious British newspapers comments on major financial contributions to the Conservative Party in recent years by Russian oligarchs resident in London and their families. If those are wild charges, I am surprised the Conservative Party did not sue. In these circumstances, can the Minister guarantee to this House that the report will be published before we rise for the Summer Recess?

[Lord True]

My Lords, I can only repeat what I have told the House. Motions will be laid for the constitution of the committee next week. It is then the responsibility of the committee to decide how and when it publishes its report. I am sure it will take note of what the noble Lord and others have said. But again, I wholly reject the charge that the Prime Minister in any way is responsible for delaying the report.

EU: Customs Arrangements

Lord Wallace of Saltaire Excerpts

Wednesday 8th July 2020 Lords Chamber

[Lord True]

My Lords, I always travel in hope, and I share the noble Lord’s aspirations. As was famously said:

“Jaw, jaw is better than war, war.”


In every aspect of this great question, all people of authority in every part of the United Kingdom share a responsibility for the overall good of the people of the United Kingdom. Certainly, I want to see good relations right across the border, and I give the noble Lord that assurance.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, we are often told that effective border management requires active co-operation between states on both sides of the border. A number of recent reports suggest that the Dutch, Belgians and French are far better prepared for the new border arrangements than we are. But is it compatible with the British Government’s rather hard interpretation of sovereignty to allow French customs and passport officers to operate on British soil as they have in recent years, or, for that matter, for British passport officers and customs officers to operate on Dutch, Belgian or French soil as they also do? Does that now need to stop to defend the sovereignty of the United Kingdom?

[Lord True]

My Lords, again, that is slightly wide of the Question. The treaty to which the noble Lord refers is one under which arrangements subsist between the Governments of the United Kingdom and France. That is the position. I hope we will be as well prepared as any nation.

David Frost

Lord Wallace of Saltaire Excerpts

Tuesday 30th June 2020 Lords Chamber

[Lord True]

My Lords, I do not believe that a single appointment constitutes the politicisation of the Civil Service, for which Her Majesty’s Government have a very high regard. Reform of public service was in the Government’s manifesto and we will carry out that pledge.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, both the Prime Minister and Michael Gove cited President Roosevelt as the model for this Government’s approach. When I was first a student in the United States, I was invited to seminars given by three former members of President Roosevelt’s cabinet, all of whom emphasised the efforts Roosevelt made to carry cross-party support in both Houses of Congress for his New Deal. Are this Government similarly committed to building support across the parties and in both Houses of Parliament or do they prefer, as Dominic Cummings suggests, to move fast and break the conventions?

[Lord True]

My Lords, this Government, who have a great public mandate, want to carry the widest possible support and, indeed, increase their support across this nation. I welcome the support given by Sir Keir Starmer to the principle of heavy investment in infrastructure, which the Prime Minister is announcing.

UK-EU Negotiations

Lord Wallace of Saltaire Excerpts

Thursday 18th June 2020 Lords Chamber

[The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)]

The noble Lord, Lord Young of Norwood Green, is not with us, so I now call the noble Lord, Lord Wallace of Saltaire.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, Ministers have frequently referred to the Canadian or Australian models as “oven-ready” recipes for a deal. Can the Minister therefore confirm that our negotiators are including arrangements for the provisional application of such a mixed-competence agreement while we wait for national ratification? The Canadian FTA was signed in 2016 but ratification is not yet complete. Does he understand what the Prime Minister means by the Australian model? The Australian Government website tells me that the seventh round of negotiations on a potential agreement took place last month.

[Lord True]

My Lords, I am not good at figures but I think that the Australian Government have about 29 different arrangements with the European Union. With regard to the phrase “oven ready”, I am afraid that I like cooking—something that I have enjoyed particularly during the lockdown. Turning to the central core of the noble Lord’s question, the Government are preparing for every eventuality. There is an intense amount of planning on a wide range of fronts, and I assure him that that process is continuing.

Constitution, Democracy and Rights Commission

Lord Wallace of Saltaire Excerpts

Tuesday 16th June 2020 Lords Chamber

[Lord True]

My Lords, again, I cannot anticipate the composition and focus of the commission. However, I can say to the noble Lord that the Government have already presented legislation on boundaries, which is before the other place at the moment, and we have also signified that we will look at matters relating to the conduct of elections.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, I welcome the Minister’s statement that the Government are taking very careful consideration of the agenda. There is a great deal of expertise on constitutional and political issues in this Chamber. Will the Minister commit to a Lords debate on the agenda and terms of reference of the constitutional commission, either before the summer or at least in our September Session, to inform the process of consideration?

[Lord True]

My Lords, I had the pleasure of sitting on the Back Benches behind the noble Lord when he was on the Front Bench, and he will know that that is a matter for the usual channels to determine. For my own part, I always welcome discussion with anybody on this important matter.

Fixed-term Parliaments Act 2011

Lord Wallace of Saltaire Excerpts

Monday 15th June 2020 Lords Chamber

[Lord True [V]]

My Lords, in their manifesto, the Government emphasised the need for long-term consideration of our constitutional arrangements, as my noble friend Lord Howell of Guildford said. The noble Baroness is correct that this should not be hurried. The Government will bring forward their proposals on how we should proceed in due course.

[Lord Wallace of Saltaire (LD) [V]]

My Lords, in the last few years, there has been a great deal of discussion, particularly from within the Conservative Party, about the need to strengthen the principle of parliamentary sovereignty. If we abolish the Fixed-term Parliaments Act, we will go back to a substantial role for executive sovereignty in the UK. Does the Minister accept that we cannot go backwards by abolishing the Act and that we need to strengthen Parliament’s role in organising its own meetings, terms, Prorogation and Dissolution?

[Lord True [V]]

My Lords, as I said, many matters will be considered and we will make further announcements in due course. I think the noble Lord would agree that Parliament did not have its finest hour under the aegis of the Fixed-term Parliaments Act. That is why, partly to restore Parliament’s reputation, we need clear arrangements that command support.