Parliamentary Voting System and Constituencies Bill

Lord Williamson of Horton Excerpts

Monday 31st January 2011 Lords Chamber

Moved by

[Lord Williamson of Horton]

102AB: Clause 18, page 15, line 14, at end insert—
“(1A) Sections 10(2) and 11 shall come into force on a date to be appointed under subsection (1B) following reports from the Boundary Commissions, made as if section 11 of this Act were in force, being laid before Parliament by the Secretary of State.
(1B) The appointed date for the purposes of subsection (1A) shall be appointed in an order made by statutory instrument, subject to affirmative resolution of both Houses of Parliament.”

[Lord Williamson of Horton]

This amendment relates to the date of the coming into force of Clause 11, which will be Section 11 if and when the Bill is passed. Noble Lords will know only too well from our very long discussions so far that Clause 11 is the important clause which deals with the reviews by the Boundary Commissions, the number of parliamentary constituencies and the equalisation subject to a small margin of the size of constituencies. I tabled this amendment in the hope that it would contribute towards an agreement on the Bill, in particular so that the referendum on the alternative vote could be held on 5 May this year. I even had hope last week and, of course, after today's proceedings I have even more hope.

The thinking which underlies the amendment is that, although there is a clear and close deadline set by the Government for the referendum, the timing for the completion of Part 2 of the Bill on the Boundary Commissions’ reviews and changes to constituencies is not so tight. The Government’s timing on Part 2 is that it will be completed in good time—perhaps by October 2013—for use in the general election of 2015. From the almost 100 hours that I have spent listening to discussions during the passage of the Bill so far, I am well aware of the political imperative for the Government that the Bill should not be split and that there is a link between Parts 1 and 2. Because my amendment still permits and requires the work on the constituencies to keep going forward, I do not consider that the link is broken.

I shall briefly explain my amendment. If Parliament agrees that the Bill be passed, the work of the Boundary Commissions would go ahead because they are required by this amendment to make their reports as if Section 11 of the Act were in force. These reports would therefore be subject to the provisions of Section 11 because they have to carry out their work as if Section 11 were in force. When these reports are complete they will be laid before Parliament by the Secretary of State who will set by statutory instrument the appointed date for the coming into force of Section 11. As the date for the coming into force of this section would be set by statutory instrument it would require affirmative resolutions of both Houses.

What is the advantage of deferring the coming into force of Section 11 until it is needed, while the actual operation of the section continues in the mean time? In my view, there are at least two advantages. First, it will strengthen in practice the hands of citizens who wish to make representations about the Boundary Commission’s proposals because Section 11 will not actually yet be in force. Secondly, and more importantly, it will give time for further examination, in particular independent examination, of the practical consequences of the smaller House.

During the course of the debates in this House, there has been a recurring theme that 600 was a rather arbitrary figure—I choose my words carefully—and that the consequences may not have been fully worked through. So I think that it would provide time for an independent examination of the practical consequences of the proposals on constituencies that are in the Bill. This point has been made in the debates and it was made this afternoon, in a short trailer—I think that is the word—by the noble and learned Lord, Lord Falconer, when he rather approved this idea. It is always very pleasant to have a trailer that is favourable so perhaps the drama itself may actually be favourably received.

What I have suggested may be relatively small advantages but I think they are worth having, particularly because my amendment does not slow up the work required by Section 11 in the period before it enters into force. Will the Minister think carefully about the independent examination of the practical consequences of the decisions on the constituencies? In my view it could be done under my amendment—I think it would be right to do that. However, at some stage there is a strong feeling in the Committee that we should not just let it happen without any independent examination.

To summarise my amendment: the Bill passes, the work goes on including the work on Section 11 but, just as in the well known showbusiness phrase that the show is not over until the fat lady sings, in this case the show is not over until the Secretary of State lays a statutory instrument setting the date for it to come into force and affirmative resolutions of both Houses are agreed. That is what I might call the political equivalent of the fat lady singing.

[Lord Falconer of Thoroton]

My Lords, this is an important amendment. It is designed to try to promote the settlement of an impasse in the House. We support the principle of this amendment. I understand that the noble Lord, Lord Williamson of Horton, promotes it on two bases. First, it strengthens the hand of the citizen in making representations in relation to individual Boundary Commission issues. Secondly, and more importantly, it will give time for further examination, particularly independent examination, of the practical consequences of the reduction in the number of constituencies.

We thoroughly endorse that approach. It is implicit in the amendment of the noble Lord, Lord Williamson of Horton, that that examination should take place before the implementation of the reduction of the number of constituencies. It is also explicit in the approach of the noble Lord, Lord Williamson of Horton, that Parliament should have another opportunity to consider this before the implementation. At the heart of the case in favour of that is the widespread concern around the House that the production of this Bill and its passage through Parliament have not been attended by the normal processes that one would expect to precede a constitutional Bill of this enormity and importance.

Noble Lords know the quotes well; the Political and Constitutional Reform Committee in the other place stated:

“The Government has declared that the Parliamentary Systems and Constituencies Bill is intended as a ‘major step’ towards restoring people's faith in Parliament. The Government’s failure to consult on the provisions in this Bill risks undermining that laudable intention”.

Our own Constitution Committee stated:

“We conclude that the Government have not calculated the proposed reduction in the size of the House of Commons on the basis of any considered assessment of the role and functions of MPs”.

--- Later in debate ---

[Lord Williamson of Horton]

My Lords, I would like to comment briefly on the point which the Leader of the House made about the link. I said when I spoke first that I did not actually believe that it broke the link because all the work is going to go forward; and, of course, Parliament controls the result at the end because only the affirmative procedure brings it into effect. The noble Lord’s reply implies considerable pessimism about the coalition’s success in achieving an affirmative resolution in both Houses. I would say that the Government are highly likely to achieve an affirmative resolution in both Houses since the material that we are dealing with is material that they have put into their own Bill. I am therefore not convinced by that argument, but I am convinced of the strength of the Government’s position on it. That is my first point.

Secondly, on the more important question of the independent review, I note that the Government have gone some way towards accepting that there should be an independent review. That is something, but it is not exactly what would result from my amendment, which would make the independent review available before the coming into force of Section 11, so there is a significant difference. I therefore conclude that, in the words of the noble Lord, Lord Foulkes, the Government have not actually clinched anything on this amendment—I think that is the phrase. I am, however, interested in the extent of the commitment to an independent review, what it would be and when it might come into force.

I remain of the view that my amendment has value, and I reserve the right to come back to it on Report, when I hope we will be clearer about an independent review, which a large number of people in the House obviously want. Indeed, I thank all those who have supported my amendment, and this part of the amendment in particular. In the mean time, I beg leave to withdraw it.

Amendment 102AB withdrawn.