Read Bill Ministerial Extracts
Maria Miller
Main Page: Maria Miller (Conservative - Basingstoke)Department Debates - View all Maria Miller's debates with the Cabinet Office
(4 years, 5 months ago)
Commons ChamberI commend the Minister for her powerful speech in presenting the Bill to the House. We all come here with equal power vested in us by our communities, but my voice represents a constituency of 83,000 people, while the hon. Member for North East Fife (Wendy Chamberlain) represents a constituency of 61,000 people. It is difficult for us to explain to our constituents why that inequity is there. I hope that all of us here would agree that that is not right, and that we should have in our democratic system an inherent equity between Members of Parliament in terms of the number of people who are able to vote for them.
I fully support the Government’s move to automaticity, if that is the right word—to bring in boundary changes without Members of Parliament having to get involved. Indeed, the 5% tolerance ensures that equality will be ingrained in the future and moves us away from having to have these debates on a regular basis. We should all just come clean: this is a difficult issue for Members of Parliament. We have an inherent interest in the outcome of boundary reviews, which makes it difficult. My hon. Friend the Member for Weston-super-Mare (John Penrose) made the point incredibly well. We need to put those decisions outside this place to be made.
One thing that has not been discussed is that new Office for National Statistics data estimates that six new constituencies will be generated in the south-east region of this country. This place needs to give some thought to how those new constituencies should be constructed. Constituencies should have a sense of purpose. They should have a sense of history and a sense of community.
When my constituency was first part of a boundary review, back in the 1940s, just 13,000 people were living in Basingstoke. There are now 83,000 people living in my constituency, and Basingstoke sprawls across four constituencies. My challenge to the Boundary Commission is simple, and I think the Minister needs to help it with this. Constituencies should not just be numerical constructs; they should be constructed for communities first and foremost, and we should construct them for the future, not simply salami-slice away what has gone before. That is the right thing for us to think about now, because this boundary review will be seismic in some areas of the country, and we need to ensure that we grasp the opportunity.
At the moment, the provisions in schedule 2 of the Parliamentary Constituencies Act 1986 are very sparse in terms of the directions they give to the Boundary Commission. They talk notionally about local ties, and those often figure large in the consultations that follow, but is there an opportunity here to give more direction to the Boundary Commission about their importance for constituencies, and about the importance of mid-sized market towns such as Basingstoke, which saw significant boundary changes in 2010? We have done the right thing and built new houses, but we have been rewarded with a fragmentation of our constituency, which is not necessarily healthy for the future.
Why are towns in certain parts of the country split east-west and north-south, and others simply salami-sliced away? We need a better approach to constructing our constituencies for the future.
Parliamentary Constituencies bill (First sitting) Debate
Full Debate: Read Full DebateMaria Miller
Main Page: Maria Miller (Conservative - Basingstoke)Department Debates - View all Maria Miller's debates with the Cabinet Office
(4 years, 5 months ago)
Public Bill CommitteesIsabel, did you want to add something?
Isabel Drummond-Murray: No, I was just agreeing. That would be the approach we would take, too.
Q
Can I follow up on one of the responses to David Linden’s questions, about splitting wards to do what this Bill is trying to do, which is to create equal and updated boundaries across the whole of the United Kingdom? I speak as one who represents a constituency of 83,000 people—well in excess of what I am sure will be the eventual quota. Isabel was talking about the importance in Scotland of using postcodes to try to get some sense of equalisation. Could Mr Bellringer outline for the Committee what the approach is to splitting wards in England, and whether any experts have looked at this to give us advice on what is a good process to follow, particularly when it comes to polling districts?
Tony Bellringer: As I mentioned earlier, we have traditionally had a general policy of using wards as our building blocks. However, as you will know from the previous couple of reviews, there have been instances in which we have been prepared to split a ward to solve a problem in that area.
As Isabel alluded to, the difficulty in England is that we do not have access to a comprehensive dataset below ward level that contains the parliamentary electorates and associates them with the boundaries of whatever that unit is—a dataset that we can then manipulate in the software and quickly move those units around to recalculate the figures, because that is how it works. When we split a ward in England at the moment, we have to go back to the local authority and get the detailed breakdown, usually on a polling district basis, and manually calculate those figures, which really slows the process. If we were to move to a much more open process of using sub-ward-level units as our building blocks, we would have to source that data from somewhere.
Q
Tony Bellringer: At the moment, we do not have the postcode areas in England. We would have to create them; they could be created, but it would take an awfully long time to do.
Between the 2013 and 2018 reviews, one of the things with which we kept ourselves occupied was constructing a polling district-level dataset with the help of Ordnance Survey, in order to map those figures against the actual polling district boundaries. That is almost the most difficult part of the process. We sort of have the figures already because we have access to the actual registers, which are usually subdivided by polling district. However, the polling districts are not mapped in a consistent way and we have to be able to associate the electorate figure with the actual boundary of the unit you are working with, so that when you move the unit, the numbers change accordingly. You need to have mapped those polling district boundaries electronically. We did that process, and it took us and Ordnance Survey about two years to map every polling district in England.
Q
Tony Bellringer: As I say, we went through the process between 2013 and 2018, so at one point in time we had a polling district dataset that we could use. However, as you know, polling district reviews happen all the time across the entirety of England, so that single, comprehensive polling district dataset goes out of date almost instantly. There has to be a way of keeping it up to date. At the moment, that requires us to know who is doing the polling district review and when, so we can go and find out what they have changed it to. Do they have it mapped? No—then we need to get somebody to map it into the system. At the moment, there is no process by which the results of a polling district review are notified either to us or to Ordnance Survey so that it can be incorporated and the dataset can be kept up to date.
Q
You are being asked to write a wish list on this issue. Could you do that for us?
Tony Bellringer: Yes. We did actually approach the Government at the time. We have kind of done the work to build that and issue one. There is a requirement for a local authority that does a polling district review to publish the findings, but they just do that by publishing it on a website, and it is also not necessarily in a mapped format. All it actually requires is a bit of something tacked on to that legal requirement to publish, which says, “You also need to send it to Ordnance Survey and the Boundary Commission.”
Q
Can I ask one other question—will you indulge me, Mr Paisley? I noticed that the commissions try to minimise the disruption to existing boundaries in its proposals, which is obviously a sensible thing to do. I also noted that it has said in the past that the commissions are not obliged to shut their eyes to likely future growth. That is particularly noted in section 40 of the guidance that was produced at the last review. Will both commissions outline their approach to the next review and whether it will be the same sort of approach? I declare an interest in that I represent a part of the country that is building a lot of houses. To propose boundaries that will inevitably be changed radically in the future would seem to be a waste of the commission’s time.
Tony Bellringer: Immediately before we start a review, the commission meets representatives of political parties to talk about how it plans to operate its internal policies within the framework of the statutory requirements, and that is an example of the kind of thing that we would be talking about with them.
It is unlikely that it would change significantly. The fundamental principle in doing this work is that you have to at some point draw a line and say, “That is the data that we are working with.” You cannot build a house on constantly shifting foundations and so you have to say, “That is the data and we are going to work with that data.”
At the same time, where we are looking at competing options in an area, if one is obviously more suited to an area that is clearly growing in population—maybe we know that from strategic planning approvals that have gone through in the area—that will veer us towards that option as the preferred option. That is really what it means.
What we cannot do is say, “Well, okay, the electorate that we are supposed to be working with is this and the electorate is now this, so let’s use that instead.” We still have to stick to the original electorate figure, but be alive to the fact that it is clearly growing and can be demonstrated to be growing. That is quite key as well—we draw a distinction between proven growth in an area and projected or speculative growth in an area.
Q
Tony Bellringer: Yes and no. The distinction I am trying to draw here is that if you have had a strategic planning development approved and it has been built and people have started to move in, you can say that those figures have changed—it is clearly growing. Even though those figures have derived from a point in time after the electorate data that we are supposed to be using, there is a clear indication that the area is growing. If you have had a strategic planning development approved, but it has not been built yet at the time we are doing our review, we might go, “Well, it is not as convincing.”
Q
Isabel Drummond-Murray: I do not think there is much to add to that. We have to work with the electorate as set out in the legislation. On the local government side—I am also secretary to the Local Government Boundary Commission for Scotland—the legislation sets out that we take account of the forecast for five years.
That all points to the need for regular review. We draw a line when we know there is going to be growth and there is capacity to absorb it through the existing 5% tolerance. I guess we could take account of it, but it is not something that has featured particularly on the parliamentary side, simply because of the way in which the legislation is drafted. We use the electorate at the start of the review; we do not guess what the electorate will be at a point in the future.
We have four more questions and about 11 minutes on the clock, though I will push it on to get all the questions asked, because the evidence we are getting is very good for the inquiry.
Q
Shereen Williams: Like our colleagues in England, Scotland and Northern Ireland, we use electoral wards as our building blocks. However, if there was great difficulty, we would use community wards within the electoral ward. In the past, we have put forward proposals where one or two parliamentary constituencies had a split ward in them. It is a route that we would rather not take because it creates confusion for voters when you have a different local authority and a different parliamentary constituency compared with somebody who is in the same electoral ward as you.
Q
Shereen Williams: The four Boundary Commissions are in regular contact. We rely on each other and we share good practice on a regular basis. In terms of those changes that have taken place in Scotland, I cannot imagine why we would not be able to invite Scottish colleagues to present to commissioners and to inform our thinking on how we deliver this report for Wales.
Q
Going back to the question that my hon. Friend the Member for Loughborough raised about splitting wards, it is interesting that that seems to be something that can happen in Wales and Scotland, although the procedures are not as easy as they might be. We heard that from the commission in England. Would you be able to advise the Committee about working with Mr Bellringer on what would need to be put in place to ensure that, if it was helpful, sub-ward-level splits could take place? Would you be able to provide some more information for the Committee on that?
Shereen Williams: Scotland and Wales’s challenge is significantly different from England’s because of the number of electorates. Tony has to co-ordinate in terms of trying to get all the parliamentary constituencies set up for England. In Wales, we are used to splitting wards because we tend to do that for our local government boundary reviews, so we are quite comfortable with the practice of breaking up electoral wards and splitting up communities into sub-wards in order to create electoral wards—this is going back to community wards. In terms of sharing that practice with Mr Bellringer, that would not be an issue, but I have to acknowledge that he has a far more difficult job in hand compared with us in Wales and Scotland.
Q
I wondered whether, as somebody who was brought up in Wales and understands the importance of cultural identity within the Welsh nation and the psyche, you have thought further about how that constituency should be treated. I am a Hampshire MP, and the Isle of Wight gets particular protection because of that.
Shereen Williams: That would be something for Parliament to decide as to whether Ynys Môn becomes a protected constituency, as they have in Scotland and the Isle of Wight. It would not be for the commission to comment on that.
Shereen, thank you very much for your wonderful evidence and, more importantly, for getting us back on time. You have made my chairmanship so much easier. Thank you for giving us your time this morning.
Shereen Williams: Thank you for having me.
Examination of Witness
Eamonn McConville gave evidence.
Parliamentary Constituencies bill (Second sitting) Debate
Full Debate: Read Full DebateMaria Miller
Main Page: Maria Miller (Conservative - Basingstoke)Department Debates - View all Maria Miller's debates with the Cabinet Office
(4 years, 5 months ago)
Public Bill CommitteesQ
Dave McCobb: We support the principle that the proposals that come from the Boundary Commission should be subject to minimal potential political interference, or a majority party could use its majority to impose boundaries on other people. The critical issue is how far the whole process is as divorced from partisan political control as possible.
Q
Dave McCobb: I think that depends on the criteria that are set for the Boundary Commission’s review. Provided that the criteria are set for the Boundary Commission’s work in as non-partisan a way as possible, then not having a political vote at the end of it might be acceptable. Again, it comes back to the provisions that the Boundary Commission is required to work to also being free of party political influence to the largest degree possible.
Q
Dave McCobb: I would like to come back to the 5% variation threshold. The Organisation for Security and Co-operation in Europe specifically recommends a variation of up to 10% when doing [Inaudible] necessary. Having that greater degree of flexibility around the way the Commission is able to be flexible, to recognise natural communities where they exist, would enable it to be more free of political direction than as the Bill is currently set out.
And the issue of what constitutes pressure on a commissioner.
Dave McCobb: I am afraid I could not hear that.
I think the question was, what do you think constituted pressure on a commissioner? You were going to come back to that point.
Dave McCobb: Sorry, I think I have said what I wanted to on that point.
Q
Dave McCobb: You make an important point, which is specific to the way in which the commission in England worked on the last review, in that it was very clear that, apart from one or two examples in its final proposals, it was adamantly against ward splitting.
The combination of the English commission’s reluctance to split council wards and the tight 5% threshold contributed to some quite perverse constituencies being proposed in some cases, in particular in some urban areas. In parts of the country, a council ward is 2,000 or 3,000 electors, so a number of them can be added or subtracted around the threshold, but in Leeds, for example, there are 17,000 electors in a council ward and, if you are not willing to split one, in one case a lot of people had to have a random ward that really had no community links with Leeds tacked to the top of a Leeds constituency.
If the commission is given clearer direction on preferring ward splitting if that helps them to retain constituencies that relate to natural communities, that is obviously helpful. We support the principle that each MP should represent a roughly equal number of residents, but we highlight the fact that the Electoral Commission last September estimated that up 9 million potential electors are not on the register and that, while there is evidence that some particular groups might be heavily disadvantaged by under-registration, giving the commission a bit more flexibility to enable it to recognise the parts of the country where there might be major issues with electoral under-registration is the right thing to do.
It is interesting: in Wales and Scotland, there is an ability to split wards, even to go down to postcode level. It can be done, so I suppose the question is why it is not done more in England.
Dave McCobb: It is that combination of the two factors: the English commission’s reluctance to split wards, which contributed; and the 5% threshold, which, if that were 10%, would allow it the flexibility better to match natural communities and to recognise that there will be parts of the country with much greater problems of under-registration of people resident there than others.
Q
Dave McCobb: That is not something that I am in a position to comment on at this time, but I am happy to take that question back to colleagues and to give you a written follow-up, if that would be helpful.
Q
Geraint Day: The biggest difference in local ties between Wales and England is the Welsh language. A large percentage of Welsh language speakers are down the west coast, but they are also in some of the upland areas in north and south Wales. Local ties do not necessarily go down the same route as that. The Boundary Commission is looking at geographical ties—shopping centres, travel-to-work areas and those types of things—whereas at times the Welsh language communities do not fit into that local-tie element.
In the past, the Boundary Commission has made attempts to address this; where it has originally proposed splitting Welsh language communities, it has made efforts to put them back together. However, I suggest that it would be better to specifically state that in the Bill, rather than just lump it in with “local ties”. If you look at the Welsh Government’s planning process and the advice it gives to local government about local development plans, those plans are required to have a language impact assessment, a requirement that originates from the Welsh Language (Wales) Measure 2011. The way the Boundary Commission operates is perfectly bilingual and it deserves great praise for the way it operates. However, it is not required under the current local ties rule to specifically consider the impact on the Welsh language. I think that should be included as a specific item in the Bill.
Q
Geraint Day: In one regard, it is a very simple statement to make. However, the removal of parliamentary authority and moving that decision away from Parliament to straight implementation is a big step to make. If that rule had been in place in the last two reviews, we would now have a Parliament of 600 MPs and we would not be having this conversation.
Parliament provides a track to final proposals. If we cannot get a majority in the House of Commons, that raises questions about whether it should be implemented. I understand the trouble that the previous two reviews caused, and as one of the people who contributed and spent a lot of time putting submissions to that, it is quite frustrating. There should be some way of keeping some form of parliamentary overview of the proposals without necessarily enabling it to become a party political football in the House of Commons.
Q
Geraint Day: In terms of how the Boundary Commission operates, it has been doing its job; the issue has been with Members of Parliament in the House of Commons. The way in which that is solved is something that I think Parliament needs to come to an answer about, rather than the non-elected people in society, including myself. It is really a matter for Members of Parliament, but I understand where you are coming from and I have a certain amount of sympathy. I refer back to my previous point—if this rule had been in place in the past, we would already have a Parliament of 600 MPs and not 650. I think that 650 is by far a better fit and that seems to be the general opinion of the majority of the population, so I think the check has worked, to a certain degree, despite how frustrating it has been.
Q
Geraint Day: Island communities are unique and you see that not just throughout the UK, but throughout the world, not least in the fact that they even have the Island games, where various islands of the world get together and put on a semi-Olympic games just for the islands. You see it in the identity. That is something that is quite precious and unique and that we as a society need to foster and take care of.
In terms of their numbers, if the Isle of Wight has two MPs, each one will have an electorate the current size of Ynys Môn’s. If it is good enough for the people of the Isle of Wight, why is it not good enough for the people of Ynys Môn?
Speaking as a Hampshire MP, I am sure that the people who live on the Isle of Wight would understand exactly what you are talking about. Thank you.
Parliamentary Constituencies bill (Third sitting) Debate
Full Debate: Read Full DebateMaria Miller
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(4 years, 5 months ago)
Public Bill CommitteesOn a point of order, Sir David. Can I perhaps ask that Members be given priority to sit, so we can hear the evidence?
That is what I thought would have been done. Surely the Members should be in the main body.
Further to that point of order, Sir David. Actually, perhaps the Whip can make room. Thank you, Sir David.
Examination of Witnesses
Professor Robert Hazell and Dr Alan Renwick gave evidence.
Q
Dr Renwick: One impact is simply the delay that is introduced into the process. As I said, at present we have boundaries that were first used in 2010, and in 2005 in the case of in Scotland, which are based on electoral registers that in England’s case date from 2000. Those registers are now 20 years old, and clearly that delay is undesirable.
Secondly, as I suggested, there is at least a danger of the perception that the process is not as impartial as it should be, and it seems to me clearly undesirable to create that perception.
Thirdly, there is the danger of the reality that the process is not as impartial as it should be. I do not think it is helpful for me to speculate on what the motivations might or might not have been for the decisions that have been taken on those reviews. Perhaps it is safer to go back to the 1969 case, given that no one involved in that decision is present any longer. I think it is fairly universally accepted that that review was blocked because the Labour Government at the time thought that they would lose seats as a result of the implementation of the review and therefore they did not want that to go ahead.
There are similar perceptions in the case of the 2013 decision not to proceed with the review and the decision in 2018 not to go ahead with the review, but I do not want to speculate on whether those perceptions are correct.
We have at least six colleagues wishing to ask questions and only 14 minutes left.
Q
Dr Renwick: Some people have expressed a concern that, because the boundaries are old, they have had a marked biasing effect on election results. The evidence shows that, in fact, the effect is quite small. There are a number of factors that can mean that a vote cast for one party has more weight in the overall results than a vote cast for another party. The main factors that shape that are turnout. Turnout in Labour seats tends to be lower than turnout in Conservative seats, and therefore Labour MPs tend to be elected with fewer votes than Conservative MPs.
The second big factor is the efficiency of the distribution of votes across the country. Between 1997 and 2005, the Labour vote was much more efficiently distributed than the Conservative vote. Labour had tended to win more marginal seats and did not waste, as it were, lots of votes in constituencies that it lost, whereas in the last several elections the Conservatives have had the more efficient distribution of votes across the country. Those are the main factors that lead to biases in terms of the overall election result.
There is also some effect from the distribution of constituencies—both the distribution between the countries within the United Kingdom and the distribution within those countries. At recent elections those effects have produced small biases in favour of Labour, but those are fairly small biases. I am sure you will hear much more on this when you hear evidence from Charles Pattie and David Rossiter, who are the real experts on this, but the consensus in the literature on this is that that effect is fairly small. The effect that really matters is the effect on the democratic principles, not the outcome of elections.
I thank our witnesses for their full answers, but I am afraid we will have to have very brief questions and responses.
Just before I turn to Mrs Miller, I want colleagues who are sitting in the Public Gallery to realise that I am aware that they are part of the Committee. If they want to ask a question, they should indicate to me and then speak from the microphone, as Mrs Miller has done.
Q
Chris Williams: There is an argument to be made, particularly around Ynys Môn. I am worried about how all this is going to be perceived in Wales, with a drop of about 20% in the number of MPs, and I think it would be a softener if they see they have been treated equally with England and Scotland, with Ynys Môn seen as a protected constituency. There is an argument about taking into account other geographical features when protecting constituencies, but if you start to look at mountains or rivers, you then start to look at the height or width of mountain ranges, and you get in a complete mess. Certainly, there is a sea in the way between Ynys Môn and the mainland, which is exactly the same criterion that is being used for the Isle of Wight, the Western Isles and Orkney and Shetland. I think it should be applied in Wales as well; otherwise there would be a rightful feeling of wrongdoing to Wales.
Q
Chris Williams: Our Scottish Green colleagues will have a similar position to you on the Union. I guess we come from a perspective of wanting every vote to have the same weight and potentially the same impact on an election, in terms of determining the future Government. The difficulty we have is that whatever we do with the process and with first past the post, there is always going to be some inequity between the constituencies, even if we have no tolerance or variance limit at all. By the time they come in, the numbers will still be different, because the data is always historical and never accurate enough. If we are going to go down the line of every vote being pretty much equal, and trying to make that as equal as possible within the system, it is very hard to argue for a great deal of difference between England, Scotland, Wales and Northern Ireland. I would say that a vote in Hartlepool is as equal as one in Ogmore but, at the same time, I can see that this might well bring greater arguments for further devolution.
The ones that were on the table at the side of the room were wrong, but Bills from elsewhere are accurate. I am very sorry about that.
On a point of order, Sir David. Could I ask for clarification on the difference between the Bills? Is it material to our discussion? Does it affect the answer we might get from witnesses?
My view is that it does not really affect that materially, but I felt that I should place on record the fact that the Bill that we had was not the right one.
Q
What comments can be made about trying to future-proof any proposals, to take into account any proposed developments and house building, while noting that those cannot be taken into any analysis of the quota? Do our experts have any views on whether that should be taken into account with regards to the geographical boundaries, so as to avoid unnecessary disruption in the future?
Professor Sir John Curtice: There is a difference between the rules of the Local Government Boundary Commission for England and the parliamentary boundary commissions. The local government boundary commissions are permitted to take into account anticipated housing developments. I have had the occasional private conversation with people about this. You may want to quiz the Local Government Boundary Commission for England. The question that arises is how accurate the forecasts of house building and demolition activity are and the extent to which that ensure that the local government ward boundaries do not get out of date.
The answer to you is that it is certainly possible—see the rules of the Local Government Boundary Commission for England—but regarding the extent to which it is effective, you should ask the Local Government Boundary Commission for England, because I am not certain. There is a difference and you could anticipate doing a degree of that.
Professor McLean: May I add to that? It is rather unfortunate that there are two sets of boundary commissions with different operating rules. Although it is not in the Bill, I do not understand why there needs to be a separate local government boundary commission, in particular one that operates under different rules, as John has just highlighted, from those used by the parliamentary boundary commission.
If one had to choose between these sets of rules—the Local Government Boundary Commission for England permitting evidence about future housing developments and the rules currently before you not permitting them —I would go with the rules that are in front of you, for the same reason that I gave in an earlier answer. One person’s likely housing development, which may just happen to favour that political party could be countered by another person’s likely future housing development, which may favour another party. I feel for the poor inspector, who is, by construction, not a specialist in the area, and is faced with claims that are very hard to adjudicate. You can adjudicate numbers, but future housing development is much more difficult.
Q
Professor Sir John Curtice: That is not difficult. Turkeys were persuaded to put Christmas in the calendar in 2011 but, when Christmas eve came along, they decided to abandon it. There was always going to be a question mark about the willingness of MPs to vote for their own demise.
The reason why we were to have the cuts in the first place is that in 2010 both parties in the coalition proposed reductions in the size of the House of Commons. That was a populist response to the MPs’ expenses scandal. In the end, the cut to 600 that they introduced was less than those in the two parties’ manifestos. Then, of course, implementing it became a victim in 2013 of the spat within the coalition over the failure to reform the House of Lords, and in 2018 of the anticipated inability of the then Conservative Administration to get the provisions through—because they were asking turkeys to vote for Christmas. I am indicating that that is a classic case of how, at the end of the day, it is difficult to persuade Members of the House of Commons to engage in a radical reform that will make their lives difficult.
By the way, given that you have asked this question, let me expand its scope slightly. This is an aspect of the Bill that matters, and this is the question of the attempt at automaticity. To make it clear, there is an issue about automaticity—that is, the ability of Parliament to intervene. Parliament intervened in 2013 and stopped the boundary commissioners working—that was the work of Labour and the Liberal Democrats together—and in 2018 the Conservative Government failed to push the provisions through. Back in the late 1960s, the then Labour Government got their MPs to vote down the provisions. To that extent, there is clearly an issue. Although we have a process of neutral boundary proposals operating under rules set by the House of Commons, in effect the Commons has on three occasions, under different Administrations, ended up not implementing the rule, so there is an automaticity question.
My concern, however, is that although the Bill might make it more difficult for that to happen again, it will not stop it happening again. Given that in clause 8 the Bill stops implementation of the 2018 review, going on to have provisions that supposedly make it impossible for Parliament to overturn things in future, the truth is that the same is perfectly possible for a future House of Commons—a boundary review comes along, the current Administration does not like it, saying, “Actually, we should delay it”, and all they need to do is to introduce a quick piece of primary legislation to overturn it.
As we saw with the Fixed-term Parliaments Act, it is very difficult to introduce provisions that discipline the House of Commons to keep to a set of constitutional rules, given that we do not have an entrenched constitution. Although all of us would laud the fact that the provisions of the Bill are an improvement, reducing the ability of Parliament to stop things, we should not fool ourselves into thinking that it will necessarily stop Parliament, not least because even within the terms of the Bill an order has to be laid—instead of
“as soon as is reasonably practicable”
at the moment—under the new provisions,
“as soon as may be reasonably practicable”.
I am not a lawyer, but the distinction between those two things still strikes me as rather fine on whether or not we could still be left in the situation that we had in the last Parliament, when the provisions were simply were not put before the House of Commons in a timely fashion. That could be repeated.
Professor McLean: I have very little to add. The automaticity may look worrying to some, because it removes the rule from Parliament, but parliamentary supremacy is mentioned in the explanatory notes and of course the Bill could be enacted and then repealed by a future Parliament. That is the nature of parliamentary supremacy. It would be very embarrassing—the mother of Parliaments, one of the oldest parliamentary democracies and so on: it is already very embarrassing that it is operating on the basis of 20-year-old boundaries and therefore we did not have equal suffrage in the 2019 general election, to put it at its most blunt. I would concur with John that Parliament could do it again. It would be embarrassing, and I rather hope it does not.
Parliamentary Constituencies bill (Fourth sitting) Debate
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(4 years, 5 months ago)
Public Bill CommitteesQ
Peter Stanyon: There are potential sources. We need to see the quality of those data sources before we can jump that way.
Q
Peter Stanyon: It will vary across the UK. A statutory review must be undertaken every five years. One has just finished, and the next one is due to report between October 2023 and January 2025. In some local authorities, polling district reviews are undertaken after each major poll, just to make sure that the scheme is suitable. It depends on the fluidity of local authority areas.
Q
Peter Stanyon: They are separate, as some local authorities will have access to far better mapping tools than others. The simple answer to the question is that basically the polling districts are left to each individual local authority. How they are reported to a national sub-dataset may be inconsistent across the UK, unlike ward boundaries and constituency boundaries, which are on the public record. Because it concerns local authorities, they do report these things but there is no up-to-date central database of every single polling district sub-division, as far as I am aware.
Q
Peter Stanyon: I am not sure that I am qualified to say that GIS would be the answer to that sort of situation. Better and more complete reporting of where changes have occurred would be beneficial to all those involved in the delineation of boundaries, whether that involves GIS or something else.
Q
Peter Stanyon: That is a fair summation. The legislation is currently worded to say that you start at the top and work down; the reality is that most polling district reviews are based on working upwards, based on the availability of premises. The key point for any review of polling districts is that the locations—the polling places—must be accessible to the majority of electors. In the case you have described, the decision, which was presumably made by the local authority, is that there are two good venues with good accessibility, so it would make sense to use both venues in that situation. In other cases, there will be a surfeit of venues, making it far more difficult. It really depends in many respects on what premises or locations are available. In some locations you see temporary buildings, such as portakabins and caravans, because there is physically nothing else for returning officers to use.
Q
We have already heard about the south Wales valleys and there are parts of Snowdonia that are very mountainous. I suspect that Wales is more badly affected by losing so many seats because we are focusing solely on the numbers, and that the areas of sparsity and the geographical barriers would lead to much larger constituencies in area. How would you strike a balance between geography, sparsity, rurality and numbers?
Dr Larner: There is an understanding that Wales is the most rural nation in terms of population in the UK. As you say, there are very large constituencies. The issue with the plus or minus 5% rule is that these areas are badly affected. I do not necessarily have a problem with the idea of levelling up constituencies in terms of population size, but I think there are certain geographic limits to what is a manageable constituency. There could be the inclusion of an upper band for the number of square miles in a constituency, or something as simple as that. I know that is a down-the-middle answer.
Q
Under these provisions there are four protected constituencies, as you know: two are on the Isle of Wight, near my own constituency of Basingstoke, and two are in Scotland, but there are none in Wales. When the proposal was to reduce to 600 constituencies, it was difficult to give protection to Ynys Môn, yet under this proposal it is easier to do so and stay closer to the potential threshold for constituency sizes. I have tabled an amendment to that affect, which I do not know whether you have had a chance to look at. Can you see any problems with introducing such an amendment into this legislation? I declare an interest as I was brought up in south Wales.
Dr Larner: On the face of it, I certainly do not see any problems. I have also seen some people discussing the idea of some of the constituencies on the west coast of Wales, where there are far more Welsh speakers and very rural constituencies, being considered for something like that. Obviously, Ynys Môn is not as isolated geographically as some of the Scottish constituencies, but, when you consider that the Isle of Wight is involved in these protections, it is reasonable to suggest that Ynys Môn should be too.
Q
Have you come across any evidence from the last few boundary reviews on what a more disruptive boundary review does to voting behaviour, as regards the parties or candidates people vote for, or whether they vote at all?
Dr Larner: Not necessarily in the way you put it, but there is interesting evidence if you compare strategic voting in Scotland and Wales, especially at devolved elections. In Wales, constituency boundaries for devolved and UK general election elections are coterminous, which is a silly word meaning the same, and in Scotland, they are different; they do not overlap. There is a lot of very interesting evidence on those elections. When people are faced with different boundaries, how do they calculate who they will vote for? There is some evidence from Scotland that there is more confusion when faced with different boundaries and boundary changes. For example, people are not always sure which is the strongest candidate, or which is the favourite or second favourite candidate. There is evidence that those boundary changes, which are consistent and repeated—they are not one-off events—cause some confusion among voters.
Maria Miller
Main Page: Maria Miller (Conservative - Basingstoke)(4 years, 5 months ago)
Public Bill CommitteesThank you very much, Mr Shelbrooke. I do not think the Clerk needs any help. I thank you for trying to help me, but as you say, these matters are not for the Chair. We have had three sittings already and some of the matters have been touched on anyway. They are subjects for discussion and debating points.
On a point of order, Mr Paisley. Last Thursday, 18 June, when we were taking evidence from the Boundary Commission for England, an undertaking was given to provide evidence to the Committee about the collection of data. We gave the commission two weeks to give that evidence. Has there been any indication of when it might be forthcoming?
Thank you, Mrs Miller. I thought that that was the point that Mr Spellar was going to make. It is an important one. We have asked for the evidence to be delivered here by 29 June, which is Monday, so you will have time on Tuesday and Thursday next week not only to consider it but to appeal it.
Clause 1
Reports of the Boundary Commissions
It is a great pleasure to see you back in the Chair and in charge, Mr Paisley. I repeat on the record the remarks that I made on Second Reading regarding the view of the Scottish National party. We would prefer not to be represented in this place at all, but for so long as the constitutional requirement is that Scotland remains tied to the United Kingdom, Scotland should have no fewer than the 59 seats that we have in this place.
I echo much of what the hon. Member for Lancaster and Fleetwood said regarding parliamentary approval. Our fundamental position is that we did not vote against the Bill on Second Reading because we wanted to see it come to Committee. I genuinely believe that the Minister is a thoughtful person, who will consider arguments on their merits. I hope that in the course of today’s sitting and the two sittings next week, she will take on board the amendments tabled not just by the SNP and Plaid Cymru but by the Labour party, which have been tabled with a view to making the Bill better, and making it work for our democratic process.
The hon. Member for Lancaster and Fleetwood is right about parliamentary approval. I have difficulty with the proposal. I listened to Professor Hazell and Dr Renwick give evidence, and I have genuinely wrestled with where we should end up on parliamentary approval. I am afraid that I probably still maintain my position on Second Reading: I am uncomfortable with a process wherein Parliament does not have the final say, because of what we saw in the last Parliament, during which the Government decided that they would try to plough ahead with 600 seats. They lost their majority over the course of that Parliament, but the whole process underlined the need for Parliament to have the final say, and I wish to put that on record.
Reference keeps being made to the shift to 600 seats from 650. That decision was made by Parliament; it was not the result of a boundary commission review that Parliament then ratified. Does the hon. Gentleman not understand that, as Parliament made that decision, today we are discussing Parliament changing it back?
I am immensely grateful to the right hon. Lady for that intervention. It is fair of her to put that on record, but the issue is the change in policy by the Conservative party. She is right that the 2011 legislation to reduce the number of seats to 600 was introduced by the Conservative-Liberal Democrat coalition Government. I think a number of us on the Committee—some of us tried to tease this out in the evidence hearings—find it rather strange that, after the Conservative party had a very good election in December, all of a sudden its position changed from wanting to have 600 seats to wanting to have 650.
I am happy to clarify. I am referring to question 181, which can be found on the last page of Hansard for the public sitting on Tuesday 23 June.
I want to ask the Minister to comment on a point made by Professor Curtice, who said:
“I am concerned that there is some political consideration going on here. Nobody has raised the point that the next review under this is supposed to end in July 2023 rather than in October 2023. No justification is given for that in the Cabinet Office memo or in the explanatory notes. The only explanation that I can think of—maybe I am being unfair—is that somebody is wanting to pave the way to make it possible to hold a general election in autumn 2023 rather than in spring 2024. Certainly, somebody needs to explain why the next procedure is going to be foreshortened by three months for a set of boundaries that are then going to be in place for another eight years, and this is not going to happen thereafter. There is no justification so far, and I encourage the Committee to inquire further.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 23 June 2020; c. 98, Q181.]
On that basis, I put that point to the Minister. I hope that in the course of her remarks she will clarify that particular point in relation to line 11 of clause 1.
I am very pleased to serve under your chairmanship, Mr Paisley, and to speak to amendments 2 to 4 and that clauses 1 and 2 should stand part of the Bill. This gives us an opportunity to explore some of the important principles within this Bill to deliver fair and equal-sized constituencies for our country.
We like to pride ourselves on being a strong democracy. We stand in the mother of all Parliaments. Yet the current provisions do not give us the absolute certainty that each of our constituencies are of the same size. Our constituents do not each have the same power to elect somebody to represent them. Some seats require a larger population—for example, I have 83,000 constituents —and others require up to 30,000 or 40,000 fewer constituents within their constituency boundaries.
I want to put on record my absolute support for the Bill and the hard work that my hon. Friend the Minister has put into it. It delivers, as has been said, on an important manifesto commitment to remove the current flaws in the system. I am somewhat perplexed as to why the Labour party has tabled amendments that would surgically remove one of the important principles in the Bill, which is fairness in the way that the recommendation from the boundary commission is dealt with.
I am not the only one expressing surprise. We heard from some eminent constitutional experts in our evidence session that the current system is worse than flawed. In particular, we heard from Professor Hazell and Dr Renwick from the constitutional unit at University College London, who said in their written evidence that
“the independence of the UK’s process is currently violated at the final step”—
“violated” is quite a strong term coming from an academic—
“when parliament’s approval is required to implement the Boundary Commissions’ proposals.”
Quite simply, with its amendments, the Labour party is choosing to ignore the advice of constitutional experts by continuing to support and promote a system that violates the independence of the approval process, which fundamentally undermines what the Bill seeks to achieve. That evidence goes on:
“Parliament’s current approval role has allowed inappropriate political interference to occur three times.”
I am quite astonished that the Opposition would want to be on the record as ignoring that advice and evidence, and fundamentally changing what the Bill would achieve.
If that evidence is not enough, the OSCE report, which was cited during an evidence session, makes it very clear that when reviewing and reforming a system of legislative processes, there must be fairly and equally sized constituencies. It is not just academics in this country who say that we need to change our system, but an internationally recognised institution, which says that, if reforming, we should be trying to put in place protocols and safety clauses to ensure that constituencies are as equal as they can be.
I hope that the Opposition will provide a stronger reason for wanting to change the Bill than the reasons that they have already given. Otherwise, we run the risk of continuing with a system whereby Parliament, when it chooses, stops reviews going through. At the moment, we are dealing with boundaries based on data that is 20 years out of date. That is not just unfair to individual constituencies but, as we heard in evidence, it fundamentally undermines our democratic process.
I hope that hon. Members, regardless of party affiliation, can see the inadequacies of the amendments and will reject them, as I will, because they are fundamentally wrong for our democracy. It is wrong that the votes of voters in my constituency have less impact that those of voters in other constituencies. I urge the Opposition to withdraw the amendments, which would so badly undermine not only the Bill but our democratic system.
What a great pleasure it is to serve under your chairmanship again, Mr Paisley. I will respond to the questions raised by the right hon. Member for Basingstoke, whom I congratulate—although I might be doing someone else in the Committee a disservice—because I believe it was she who coined the term “automaticity”.
Then I apologise to the coiner of that term. We learn something new every day in Committee, and “automaticity” is another term that I might try to slip into speeches from now on.
I rise to speak in favour of the amendments tabled in my name and, in particular, that of my hon. Friend the Member for Lancaster and Fleetwood. I am instinctively unhappy about anything that takes Parliament out of the review process. The buck has to stop with Parliament. I remind the Committee that not only would the House of Commons have to approve the legislation, but the House of Lords would have to do so too, so there is no self-interest there.
It is essential that we do not remove Parliament from the consideration of our democracy. Bluntly, nobody is more focused on the quality of our democracy than those of us in this House. That is seen as a negative, but I think it is absolutely a positive to be reminded that at some point, within a maximum of five years, we are going to have to go back to our electorate. To have that sword of Damocles dangling over us is always very important. When I was first elected to this place, I had a majority of 93, and my God, didn’t I know it. That makes us take our electorate and our voters seriously, because they are our ultimate employers. Removing Parliament from that consideration is something I am instinctively unhappy with.
Will the right hon. Lady indulge me a moment?
To go back to parliamentary approval is to provide a safety valve, so that the collective overall proposals are not daft or unworkable, and so that they have relevance to the communities they serve. That must be at the back of the minds of the commissioners—otherwise we end up with the Devonwall and Mersey Banks constituencies, where the numbers are all that matter, irrespective of the communities.
I note from the hon. Gentleman’s CV that we share the same university background, so I hope his notes about academics do not stretch as far as the London School of Economics. That would not be a good thing.
The hon. Gentleman makes an important point. In the vast majority of cases, in my 15 years as an MP I have rarely questioned the motivations of individuals here. However, can he explain the comment made by one academic in evidence about the decisions in 1967 not to accept the boundary review? There was a strong indication there that it was a question of political gerrymandering—I will use that word, although I am not sure whether that is the right context—or certainly a little sleight of hand. Now, because of the process that we have in place and the blocks that are there, we are using boundaries that are 20 years out of date. How, then, can he advocate the status quo? It is not working.
I think it was in 1969, when I was one year old, so my memory of the politics of the time is not, perhaps, good. Maybe there were political considerations within the Wilson Government at the time.
Yes, the Wilson Government in ’69. I ask the right hon. Lady what the difference is between political considerations at the end of the process and political considerations at the start of the process, when the criteria are set out. We have to get the balance right. That bookending with a return to Parliament is a good thing.
I am grateful to the hon. Member for Glasgow East, because this is a serious point. We are moving approval to an unelected body, which is a strange mix of parties and balance. A load of appointees will be going to the House of Lords, and there is going to be an argument about which party is getting the most—it is a very unrepresentative body. It would be way outside the scope of this Bill to discuss Lords reform, but the problem has always been that there are 650-odd MPs who think the House of Lords needs to change, and 650 different ideas about how to do it.
The House of Lords has a role in this Bill. The Bill is setting the criteria, and it is going to the other place, where it may well get amended. It will then come back to the House of Commons, and this House will vote on it. Funnily enough, I never had a problem with the amendments passed during the Brexit debate in the House of Lords, because they were irrelevant: whether they were accepted was up to the House of Commons. People got excited about what the House of Lords was doing, but it was an irrelevant argument, because its amendments had to be accepted by the House of Commons. That is where the power lies; that is what went on. The Lords is a revising Chamber, and it may frustrate us sometimes or we may have ideological views about it, but it still has its role in this Bill.
This comes back to what the hon. Member for City of Chester said about whether the politics is at the beginning, or at the end. The answer is that it is at the beginning. The House of Commons could bring in a one-line Bill to stop this later on—that power remains with this House—but it is right that we move this process forward. If we are all honest with ourselves, the vast majority of people sat in this room are nervous about what is going to be put to us in September 2021 when the first report comes out, and about how our representations will be received in June 2022. That is the nature of human beings: people think that politicians are not like other people, but of course we are, in every respect. However, we fight for our communities not because we are worried about our jobs, but because that is why we went into politics. We all therefore ask ourselves, “Do I want to see a chunk of the community I have represented for such a long time disappear?” When that happens, it is heartbreaking.
My right hon. Friend is correct that we all fight for our communities, but we should be doing so on a fair footing. The assertion of the hon. Member for City of Chester that the current system is flawless is simply not borne out by the facts. I have been doing some gentle maths on my Order Paper, and I think my hon. Friend the Member for Newbury and I top the charts with 83,000 constituents in our patches—constituencies that are 50% bigger than that of the hon. Member for Ceredigion. Obviously, there are important reasons that things in Wales have been done in the way they have, but that does not mean we have to continue with them now. We missed out a round of reform in Wales that is long overdue.
That is a very fair and effective point. There also needs to be a check, therefore—they know that there will be a check further down the line, and that they do not ignore those guidelines or indeed ignore the realities on the ground with complete impunity. In a minute I will come to why we saw that happen, and talk about the history of the last ten years and why boundary commissions failed on two occasions.
I must divert briefly from the matter following the intervention from the right hon. Member for Basingstoke, who had clearly prepared her comments about the OSCE, or maybe she came in after I raised the point of order at the beginning of the sitting. “The Code of Good Practice in Electoral Matters” clearly states that the
“maximum admissible departure from the distribution criterion…should seldom exceed 10% and never 15%, except in really exceptional circumstances”.
Therefore, it does not prescribe mathematical equality, nor indeed straining the system in order to achieve that mathematical equality.
The right hon. Gentleman will, if he looks back at what I said, see that I was talking about the principles set out in that report from that organisation, which explicitly say that deviation away from equality undermines suffrage. It is, of course, an international organisation so it is perhaps having to deal with many sorts of democratic systems, but I was referring to that principle.
Actually, if I look back at the earlier clause for which that was a note, it was referring to constituencies that had 10,000 eligible voters and another one with 100,000. The OSCE was not referring to the circumstances described when it said such situations should be avoided. But it laid down clear parameters, recognising that there would be all sorts of reasons in all sorts of countries for having a reasonable range in order to deal with ethnic or religious divisions—as it pointed out—as well as geographical factors in other areas.
I will move onto the issue of what is the mischief that actually the legislation seeks to remedy. That comes down to how we got here. Everyone accepts that population changes. Nobody—except perhaps some Conservative Members on the other side of the Committee—would want to go back to the Old Sarum system in which a dozen voters had a vote while the populations of the great growing urban areas of the 19th century were unrepresented. Obviously, therefore, we need to recognise population movement that is probably greater now than it was previously. Frankly, we got into this position because of a shallow and superficial gimmicky decision by the previous Prime Minister, David Cameron, for a strapline of saving money by cutting the number of politicians. We have, in fact, been representing far more constituents. In fact, we represent far more constituents now than at any other time in British history. He got a cheap headline, and some people may have bought it, but it was absolutely irrelevant in terms of GDP and Government spend. However, that then imposed huge constraints on the boundary commissions.
The right hon. Gentleman is advocating the current situation as if it is some utopia. Can he explain why anybody should be happy that he has a third fewer constituents than I do in my constituency? If he is looking for checks and balances if the boundary commission or its advisers abuse their position, surely they are that the House of Commons can change the legislation in future if the situation is abused. I have to say, there is more evidence that it has been abused under the current situation, and he is advocating to keep it that way.
I must repeat what I just said: everybody accepts that population change, growth and reduction, urban clearances and so on have an impact. That has changed somewhat, because the traditional pattern was that slum clearances in the inner cities meant that people moved to the suburbs and, subsequently, to the fringe towns. I expect that is what is happening in the constituency of the right hon. Member for Elmet and Rothwell. Everyone accepts that that takes place.
It was the actions of the former Prime Minister—first, in attempting to reduce the number to 600 and secondly, proposing to change the margin of variation to 5%—that created an unacceptable framework, which then created completely unrecognisable constituencies that completely lacked community. The borough of Sandwell would probably have gone down to three seats.
The other problem is that the rigid mathematical formula, along with no imagination from the boundary commission, creates a huge number of orphan wards. Those are areas that are parts of someone’s constituency but have no connection with the rest of it. Inevitably, the Member then focuses on the bulk of their constituency. That is not good for democracy.
First, I accept the point that the right hon. Gentleman raises about the boundary commission not understanding communities, but with representations from those communities those points are then corrected. The issue of Halesowen was raised with the boundary commission at the last minute and it was corrected.
I am listening very carefully. As somebody who was born in the Black Country, I am astonished that anybody would ever think that it was possible to conflate those two communities. I have listened to my hon. Friend’s thoughtful speech. It is important to remember that the legislation gives pre-eminence to equality of constituencies. Everything he talks about is important, but it is really important that equality comes first and foremost, with community ties coming after that. Whatever we might say in this debate today, constituency boundaries are an artificial construct. Their nature is by definition artificial, and we have to make sure that they do not overwhelm the need for more equality as between constituency sizes.
My right hon. Friend is, of course, absolutely correct in her analysis. Although equality is obviously the foremost consideration, it does not eliminate those links with communities either. I think she definitely said that in her contribution. She has made the point time and again. I represent a seat with 65,500 constituents and she represents a seat with 83,000. The figures speak for themselves, so I do not think I can add to what my right hon. Friend has said.
Parliamentary Constituencies Bill (Sixth sitting) Debate
Full Debate: Read Full DebateMaria Miller
Main Page: Maria Miller (Conservative - Basingstoke)Department Debates - View all Maria Miller's debates with the Cabinet Office
(4 years, 5 months ago)
Public Bill CommitteesThat is very important indeed. I am confident that all four of the boundary commissions have been listening closely to the proceedings of the Committee since our evidence sessions, which they joined, and since then in our proceedings clause by clause. I know they will want to take into account comments made by hon. Members across the Committee, including how we can keep communities together and ensure that the public has that strong voice, which was the point I was making with regard to clause 1.
Clause 1 sets out that in future the boundary commissions will submit their final reports to the Speaker of the House of Commons. Mr Speaker is the ex officio chair of the boundary commissions. The reports will go to him rather than to the Secretary of State, as the commissions do now. The Speaker, not the Secretary of State, will lay the reports before Parliament.
We think that is the right change. It underlines the independence of the boundary commissions—a theme we will return to many times. It is right that the chair of those commissions—in other words, Mr Speaker—should receive and lay the reports just as they also currently receive the progress reports made by the boundary commissions. It is also right that the Government’s only role is to implement the recommendations without needing to have any hand in the process by which they are submitted.
In summary, clause 1 makes technical but important changes to the conduct of boundary reviews. It sets the cycle of eight years, establishes the Speaker as the appropriate recipient of the final report and shortens the boundary review timetable in the way that I have explained, to give us and citizens the best chance of knowing that what they have asked for—the general election being conducted on the basis of updated and equal constituencies—will happen. For those reasons, I think the clause should stand part of the Bill.
There was some discussion right at the beginning about whether the Bill gives the Executive more power, but is the Minister saying that it removes the Executive from the process once the boundary commission has started to undertake its work?
I absolutely understand and accept the Minister’s argument, although other democratic institutions regularly review the number of their elected representatives. My local authority, Basingstoke and Deane Borough Council, has just implemented new boundaries to reduce the number of councillors from 60 to 54, not only to save the council tax payer money, but to recognise that things change. The Government are right to keep such questions under review.
I am grateful for that example. My right hon. Friend is correct, particularly about the principle that ought to underpin what we do here. After all, we are looking at public money, in terms of what we might call the cost of politics—the number of salaries multiplied by 600 or 650—and how we ask the boundary commissions to do their work. Those things are underpinned by public money and public time, so we should consider them in Committee . There is nothing more extensive to say about clause 5, so I commend it to the Committee.
I shall speak to amendment 9. During Second Reading, I was struck by the thoughtful approach of the right hon. Member for Elmet and Rothwell, who made a plea—often repeated during the evidence sessions—for commissioners to move away from using wards as the building blocks for drawing up constituencies, and instead to break it down and use more manageable and flexible building blocks. That point was also pressed many times by the right hon. Member for Basingstoke.
In evidence from Ms Drummond-Murray during the evidence session of June 18—referring specifically to Question 8 of that session—the Committee will have noted that Scotland can break it down by postcode, if necessary, rather than using the more clunky ward building blocks. Furthermore, evidence given by Mr Scott Martin, solicitor at the SNP, drew the attention of Members to spatialhub.scot and the technology that is in play north of the border, in response to Question 102 at the Bill’s evidence session of June 18.
Polling districts are usually natural communities on their own, and are good building blocks for constituencies when wards cannot be used. Drawing constituencies using polling districts also makes the constituencies much easier to implement for the electoral administrators. They just need to reallocate the constituency that applies to each polling district, rather than allocating each individual elector. It also means that voters will not need to be allocated to different polling places when boundaries are redrawn. The parties referred to by Sir David should also be borne in mind here. Political parties that select their candidates on the basis of their members’ vote are the first users of constituency boundary data. Reallocating polling districts rather than drawing new boundaries makes it easier for political parties to ballot their members, which they may wish to do before the new boundaries are effective on the electoral registers. I remind the Committee that amendment 9 seeks to add to the tool box for the boundary commission. Rule 5(1) lists factors that a boundary commission “may take into account” to such an extent as it sees “fit”. Amendment 9 also recognises that a polling district’s data may not always be usable, clearly ensuring that it stays as set out and that the data is only used by the relevant boundary commission satisfied that a particular area and data are properly usable. Amendment 9 merely supplements clause 6 and allows boundary commissioners to draw upon technology as set out in the Bill’s explanatory notes.
I am keen to hear the Government’s thoughts on the amendment, and if they plan to object I would like to hear the reason; I will make a judgement on that before I decide whether to press the matter to a vote. I have outlined the rationale behind the amendment, and I look forward to the Minister’s feedback.
I wanted to make a couple of short comments on amendments 8 and 9, and commend the hon. Member for Glasgow East—he confesses to being a “cheeky chappie”—for tabling them. The amendments may be probing amendments, as I do not necessarily think they would apply in his neck of the woods, but they would certainly apply in England and Wales. I can see why he has tabled them, following our discussions, because they would put on the face of the Bill a requirement that polling district mapping be available for use. It became clear in our evidence that that was not the case; that is why evidence sessions are so useful. I am sure that hon. Members will, like me, be paying quite particular attention to their constituency information, and indeed their polling district information, not least because we are often asked to comment on where polling stations are, and our in-depth knowledge of our constituencies is an important part of our job. We know where the polling stations are and where the polling district boundaries are.
I was quite blown away by some of the responses to the questions I put to Mr Bellringer from the English boundary commission. Returning to amendment 9 before I go into exactly what he said, I understand why the hon. Member for Glasgow East tabled it. If we are going to really do what the Bill requires, which is to create equal-sized constituencies, going to a sub-ward level, whether that is, as he suggested, through polling districts, or—as in my line of questioning to the boundary commission—through postcodes, as in the part of the United Kingdom from which the hon. Member for Glasgow East comes, we need to be able to manipulate the data and the constituency information we have on a very refined level. It seemed odd that that has not been explored in the detail that hon. Members might have expected.
Sir Iain McLean, when he gave evidence, talked about the tension between getting equal-sized constituencies and the issues around local ties, which we discussed in earlier strings of amendments. The importance of equal size is clearly pre-eminent in the Bill and the amendment we are talking about now is important to deliver that important strategic focus of the legislation.
I was perplexed first by the inconsistent approach to the use of sub-ward level data in England, Scotland and Wales, and the fact that postcode data is used in Scotland and Wales but not in England. When I pressed that with Mr Bellringer, he very clearly said on the record that that information was very difficult for the boundary commission to come by; it would take a long time to access the data in the detail required. I was then perplexed by my further lines of questioning to Mr Bellringer, which made me think that, frankly, sub-ward level data had been put into the box marked “too difficult” and it was not necessarily going to be revisited. I would like to send a clear message from the Committee: that that must be revisited.
Although I am not sure I would necessarily support the amendment tabled by the hon. Member for Glasgow East at this point, not least because we are still waiting for a note from the boundary commission on how it might handle this, I hope it is listening to the debate to hear the strength of feeling on the matter. For postcodes, Mr Bellringer said,
“we do not have the postcode areas in England. We would have to create them; they could be created, but it would take an awfully long time to do.”—[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 12, Q14.]
We can wait until that data is ready, if it takes six months or 12 months. The boundary commission needs to start setting the bar a little higher than it has to date on the sort of information it has to hand. Sir Iain McLean suggested that the boundary commission should invest in geographical information systems. I do not profess to be an expert in that and I do not know whether that is what is needed. However, if it is, it should be forthcoming because it is important that we deliver the heart of the Bill, which is about equal constituencies. At the moment, I am unclear about how the boundary commission in England is going to do that. I hope the paper it sends us will edify me on that point.
It is, indeed, unfortunate that we have made such quick progress that we have come to this clause before we have had the note from the Boundary Commission for England. The discussion we are having links into every single part of the Bill. This is an important moment. I am grateful to the hon. Member for Glasgow East for bringing this amendment—even as a probing amendment, if that is what it is—because it allows us to open up some very important arguments.
We had conversations this morning about whether we should hold the final vote on the Floor of the House. Opposition Members have made some powerful arguments about what would result if the boundary commission got it wrong. We should endeavour—especially with this clause today—to use the knowledge and expertise on the Committee and the evidence that we have taken to steer the boundary commission to get this right first time around. Some of the examples that were given in the past, which were then overturned when communities—not politicians—were able to make the points as to why particular suggestions were wrong, show that these things are not difficult to do, if time and attention is given to them.
I do not like to tie the hands of a body that we have asked to do a job. Being as prescriptive as the amendment would probably go too far, but it sends an important message. One of the problems with past boundary reviews has been that in order to get the numbers right, they have kept wards whole and created some very odd-looking constituencies that do not have anything in common with the areas they represent and their history.
I return to this point about communities all the time. One piece of evidence said that politicians very cleverly argue the “communities” point to get what they want in their seat, but it is an important point; it is not a political argument, and it is not about us. We represent areas: they are our communities. When the original proposal for 600 seats came out—I think it was in 2012—it was proposed that my constituency would run from my solid rural areas right into the centre of Leeds, in the Leeds East constituency. The previous MP there was George Mudie, a man who a lot of people know—certainly in Leeds and in this House—and for whom I have immense respect. He had been in public office for over four decades, I think; he was a leader of Leeds City Council, and a very distinguished one. I do not say that lightly.
He said, “This is appalling. I am an inner-city Member of Parliament. I represent the inner city; my whole professional career has been spent representing these communities.” He was wholly opposed to the Conservative areas of my seat coming into his constituency. Believe me, he would have won; more interestingly, he was more vociferously opposed to the proposals than I was. What it came down to, George Mudie was saying, was that these communities were not like communities, and the proposals broke the bond he had. I cannot remember exactly how long he served for, but I think he had been in some form of public office in those areas of that seat for over 40 years. As I said, he was a very well-respected man, who is missed in this House and in his communities.
When the boundary commission is constructing these seats, it needs to be very careful that it has regard to rule 5 of the 1968 Act, and the five sub-parts of that. That rule is very important when it comes to geography and trying to keep constituencies roughly as they are. I know that is not possible 20 years down the line—there have to be big changes—but one way in which the commission can try to achieve these objectives is to go below ward level. I do not believe we need to prescribe that—to say, “You must start with polling districts”—but in response to the questions that we asked in the evidence sessions, the evidence that we received was legitimately, “I think you need to go below ward level to get this right.” That is not the same as “You must start below ward level”—that is probably not the best approach, anyway. We would want to start with the easiest building blocks we have, and a lot of constituencies will already have those building blocks and communities within them. However, if we go below ward level, when we need to do things with the numbers, there are ways to do so.
There is a very strange little piece of my constituency, in a ward called Kippax and Methley. It is a stand-alone ward of Leeds City Council, where there are a couple of villages called Methley and Mickletown. The odd thing is that until 2010, a person would have to leave the constituency to get to those villages. They still would have to leave the ward to get to them, because the River Aire runs right through that ward and cuts it off, so they would have to go through the Normanton, Pontefract and Castleford constituency or through a different ward. Before I had Rothwell in the constituency, they would either have to go through the Morley and Rothwell constituency or through Normanton, Pontefract and Castleford. The communities are very similar: they were mining communities and the River Aire runs through them, so it is never a straightforward argument. There are some tweaks and twists around it, but the point I am making is that polling districts can be used to solve some of these slight problems.
I appreciate the amendment that the hon. Member for Glasgow East has tabled. It is an important probing amendment to get on the record why we in this Committee think it appropriate for the boundary commission to use polling districts to split wards. One of the reasons why I was persuaded that we should not prescribe polling districts as the starting point was the strength of the evidence about how those polling districts were themselves put together. I doubt it would happen, but it could create a gerrymandering situation later if those were the building blocks. That came out in the evidence. I am not saying that is what would happen, but it gives the potential for that to happen. It is therefore not right to bind the hands and to give temptation in that area, but it is important that the boundary commissions listen to the evidence. We shall explore this further when we come to the plus and minus 5% amendments later. This will be an important facet of that argument.
And new clause 9, as you said at the outset. I will be very happy to do so. Thank you, Sir David, for that clarification, which was very helpful. I thank the hon. Members who tabled the amendments, and who have made very considered comments on them. I agree with colleagues that we have come to one of the interesting seams of detail that run through what we have to do in the Bill.
The amendments make specific and additional provision for the boundary commissions to take into account the boundaries of polling districts within their consideration of new constituencies where useable data is available. It might help the Committee if I make it clear in what way the amendment is additional to the provisions in the Bill. This is what Professor Iain McLean ended up looking for in his papers during our evidence session.
As colleagues will know, the 1986 Act is where this framework of rules is found, and within that framework of what are called “rules” are what are called the “factors” that are to be taken into account. That is where some of the debate is taking place; there will be others during the course of the Committee. The provision is additional because it would add to those factors, whereas the Bill does not. The Bill proposes to leave those factors as they are.
My hon. Friend started to talk about the factors within the 1986 Act. I hope she might have noticed that I tabled an amendment to ask the Government whether they should be rethinking their approach to those factors, particularly their approach to Ynys Môn being a standalone constituency, to join the other four standalone constituencies, which include two very near neighbouring constituencies in my neck of the woods—the two Isle of Wight seats.
I thank my right hon. Friend for presaging something that it is very important that we shall come on to. I do not wish to dance on the head of a pin, as it were. She is absolutely right that those points are made in the rules, and the factors are a subset of the rules that govern a microscopic element of the conduct.
On a point of order, Sir David. I apologise for interrupting the shadow Minister. Can you clarify whether you are taking clause 6 stand part as part of this group? I am a little confused. I thought that we were discussing amendments 8 and 9. Are we doing the stand part debate as well?
Hon. Members are making important points about their parts of the country, which is underlining the fact that it is different in different areas. For example, the original boundaries of my own constituency of Basingstoke went very near the Berkshire border—not a million miles away from the constituency of my hon. Friend the Member for Newbury—and parts of that part of Hampshire used to be in Berkshire and have Berkshire postcodes. People who live in that part of Hampshire think they live in Berkshire, but they do not; they live in Hampshire. There might be a little less rivalry between Hampshire and Berkshire than between Lancashire and Yorkshire, which is why sensitivity on the ground is so important.
I am not a historian, but there was no war between Berkshire and Hampshire—no wars of the roses.
Parliamentary Constituencies Bill (Eighth sitting) Debate
Full Debate: Read Full DebateMaria Miller
Main Page: Maria Miller (Conservative - Basingstoke)Department Debates - View all Maria Miller's debates with the Cabinet Office
(4 years, 4 months ago)
Public Bill CommitteesI thank the hon. Lady for her remarks on her new clause.
Let me start by being controversial: I believe that the plus or minus 5% should be seen as a matter of last resort, and that the boundary commission should try to do everything in its power to be bang on the money in the middle. Let me develop that argument, and I am willing to take interventions on it.
These figures are not correct, because I have not messed around with the numbers. I am using them just as illustrations. If we take that figure to be 72,165—that is not the exact figure, but I am using it for illustrative purposes—in less than 600 seats, that figure would have been 78,198, of which another 5% would be 3,909 electors. Five per cent. of 72,165 is 3,609, whereas another 7.5% of 72,165 is 5,413. I make those illustrative points because the difference between the 5% on 600 seats and the 7.5% on 650 seats is 1,500 electors more. The difference between 5% and 7.5% on the 650 seats is roughly 1,800 voters. I wanted to lay that out at the start; please do not talk about the inaccuracy of the figures because I know that they are inaccurate, but they are in the ball park.
The Bill provides for the boundaries to be reviewed and set every eight years. We know that there are several cycles going on, with local government reviews, polling district reviews and ward reviews. As my right hon. Friend the Member for—I have already forgotten her constituency.
I was going to say Billericay, but I think that is your constituency, Sir David, or was at some point—I am losing my thread. My right hon. Friend the Member for Basingstoke has on several occasions drawn our attention to the planned housebuilding population changes that we all know are going to happen in constituencies. The plus 5% and plus 7.5% variances are open to interpretation about what they actually mean. Are we using them as a starting point, with constituencies at the absolute minimum or maximum to start with, knowing that within a certain time, they are going to be out of the equation?
In Wetherby, which is one part of my constituency, 800 houses are being built, and more are being built further down—a considerable number of houses. Some 5,000 are due to be built in the Leeds East constituency, which neighbours mine. The hon. Member for Lancaster and Fleetwood mentioned North Yorkshire as a council that would not have to cross county boundaries if we went to a 7.5% tolerance. Some 10,000 houses are due to go in just on the boundary with my constituency—that is in just one small part of North Yorkshire—so we know that there will be a large shift in populations in a relatively short period, and certainly in that eight-year window.
Mr Bellringer said in his oral evidence—I think to a certain extent the Committee accepted his argument—that we have to draw the line at some point, so we cannot use in the figures new housing and so on. He was talking about potential ward boundaries; the point being that you have to draw the line with ward boundaries that have already been drawn, and not those that might be drawn.
Over the eight years, we will see considerable change in population in constituencies. Indeed, the driving force behind a lot of the Committee’s conversation has been that the data will be almost a quarter of a century out of date by the next election. That was always going to mean a significant movement in constituency boundaries because of the amount of time that has passed. Should the boundary commission be trying to construct seats within the plus 5% or minus 5% tolerance when, maybe with a year, that seat could be bigger than plus 5% or smaller than minus 5%?
I am not saying that we should change the Bill, but in my view, the boundary commission should try to be bang on the money at around 72,000 or 73,000, depending on the final figures. Surely, if we want a balanced electorate, we should look at how we can make that work over the cycle, so that when large housing developments are built, we tinker and make minor changes in an area every eight years, rather than the huge changes that we are making now.
My constituency has 82,000 electors and Leeds East has 66,000. Those are roundabout figures that vary quite a lot, and 10,000 houses will be built during the next five years. By definition, there will have to be a major change in eight years’ time. If we have already bumped right up to the 5% window when forming the initial boundary for the 2024 election, we are talking about elections after 2032. I cannot remember the exact phrase in the Bill regarding when the next review would come into effect. It could be 15 years from now before the next set of figures come in. There would be a lot of time in which there could be huge variation.
I briefly seek the opinion of the Committee in discussion of the new clause. I hope that its aim is self-evident.
Most of us in Committee—my friends, the hon. Members for Glasgow East and for Ceredigion excluded—would consider themselves to be Unionists and proud to be British. I certainly would. My concern is that, as the Bill stands, the Union will be placed under unnecessary and increased strain, because the three smaller nations will take the larger hit to representation here at Westminster, in the House of Commons.
Historically, we heard in evidence that Wales and Scotland were over-represented in terms of population, but that there were historical reasons why that was the case. As devolution has progressed, we have had a Scottish Parliament and a Welsh Assembly, which on the passage of recent legislation became the Senedd—I look to the hon. Member for Ceredigion for approval of the pronunciation. Powers have passed to the Parliament and the Senedd so that more decisions are taken in Holyrood and on Cardiff Bay. Plenty of decisions, including large national decisions, however, still need to be taken at Westminster, on behalf not just of England but of the United Kingdom.
The important thing now—perhaps more than ever in the 20 or so years since we have had that level of devolution —is to maintain the strength of the Union and of the voices within that Union, in number as well as volume. The hon. Gentleman needs no support in terms of volume, but with number that importance is greater than ever.
I ask Members in the Conservative party—which, I think, is back to calling itself the Conservative and Unionist party—to share my concerns about all the hit being taken by the three non-English nations. We do not know the numbers yet, but we have a good idea and could make an assessment. Potentially, by transferring Welsh voices and Scottish voices to England—theoretically, Northern Irish voices too, although under the current numbers that does not look likely—we could destabilise not just the level of representation but the level of life experience from the nations.
What about areas that are more remote from Westminster? For example, and I have said this to the hon. Member for Ceredigion before, some areas of north Wales feel a little disconnected even from the Senedd on Cardiff Bay, and some areas of northern England and perhaps some in the far west, because of geographical distance, feel a little disconnected from Westminster. The more we disconnect from the national Parliament, the less legitimacy it has, and the less legitimacy it has, the less legitimacy the Union has, I fear. The unintended consequence—I genuinely believe that it is unintended—of the proposal in the Bill to transfer strength and numbers in this place from Wales, Scotland and Northern Ireland to England is that it will damage the Union, and damage the voices within the Union, and damage the experience that all the nations bring to this Parliament.
I follow the hon. Member’s argument, but surely he should reflect on the fact that Wales did not undergo the changes that it was due to undergo at the time of the creation of the Assembly, which has since become a Parliament. Those changes now have to take place, so that we can deliver the fairness that I know he and I want.
I absolutely agree, which is why, to develop my argument and to answer the right hon. Lady directly, the new clause in my name and that of my hon. Friend the Member for Lancaster and Fleetwood does not seek to maintain the current number of constituencies in Wales. We accept—as we accepted, incidentally, with regard to the previous new clause that we talked about—that there has to be some level of equalisation of constituencies.
That means that Wales and Scotland will lose seats, but in order to manage the different pressures between getting equalisation and maintaining the integrity and strength of the Union and the diverse voices within it, the new clause seeks to maintain a balance by specifying a number of constituencies that is fewer, for example, than Wales has now, but more than it would have if absolute equalisation took place. We are therefore addressing some of the points that the right hon. Lady mentioned, and trying to strike a balance that puts the interests of the Union at the heart of the Bill.
Parliamentary Constituencies Bill (Seventh sitting) Debate
Full Debate: Read Full DebateMaria Miller
Main Page: Maria Miller (Conservative - Basingstoke)Department Debates - View all Maria Miller's debates with the Cabinet Office
(4 years, 4 months ago)
Public Bill CommitteesBefore I call the right hon. Member for Basingstoke (Mrs Miller), I remind Members that Tony Bellringer submitted a paper late last night. You should have an electronic copy of that. There are no hard copies, but there is an electronic copy.
It is a great pleasure to serve under your chairmanship again, Mr Paisley, in a much cooler room.
I commend the hon. Member for Ceredigion on his amendment. He has made an extremely strong case for the importance of recognising language. I know how important the Welsh language is. I was brought up in south Wales, albeit not west Wales, and we all have views on the parts of Wales we know and love well. Now, more than when I was at school, Welsh is a living language. I commend everybody who has made that possible.
Within the rules that are already set out in schedule 2 to the Parliamentary Constituencies Act 1986, “local ties” can take account of language. Indeed, in the hon. Gentleman’s own advocacy for his amendment, he set out clearly that the boundary commission is already receptive to arguments made with regard to the Welsh language and it has already been shown that Welsh can be taken into account in the local ties.
The reason I have chosen to speak to this amendment is that I want to share with the Committee a way that we might think about this. There are lots of different ties that can be called local ties, including language. My concern about specifying language on the face of the Bill would be the impact that that might inadvertently have on other local ties. By having language on the face of the Bill, it might imply that other local ties that are not specified in that way may not be taken into account, or not be treated as well as they might have been in the past.
I understand the hon. Gentleman’s argument and why he wants to put it forward, but my concern is that that might inadvertently affect the way the boundary commission views other local ties. I hope that the Minister, while listening to the point, will see that the Government should not accept the amendment at this point.
It is a pleasure to serve under your chairmanship, Mr Paisley. I rise to support the arguments made by the hon. Member for Ceredigion about the ties that are the Welsh language. I do not think it is possible to overstate the fact that the Welsh language is a cornerstone of Welsh identity. Although in the past we have seen a decline in the Welsh language, that is now reversing with the Welsh Government’s target of 1 million Welsh speakers by 2050. The hon. Gentleman’s arguments may one day become quite irrelevant if Wales is entirely full of Welsh speakers.
We have previously referred to the Council of Europe’s Venice commission, which recommends that boundaries be drawn
“without detriment to national minorities”.
Welsh language speakers are a national minority who require protection within this legislation. Welsh language ties are an important part of identity, and I would like the Minister to provide some clarity about the use of the Welsh language as a factor in the commission’s decisions. Language is an indicator of local ties. Although I do not speak Welsh myself—dwi ddim yn gallu siarad Cymraeg—and my life is probably all the poorer for it, I recognise the importance of the Welsh language to the Welsh identity, as does the Labour party. I therefore congratulate the hon. Member for Ceredigion on having tabled this amendment.
It is a pleasure to serve under your chairmanship, Mr Paisley. I echo right hon. and hon. Members in welcoming this debate and the very thoughtful way in which the hon. Member for Ceredigion has proposed his amendment. It is important that we look at those issues, and he has given us great food for thought in the way that he has presented the topic.
That said, I will argue that the proposal should not form part of the Bill, and will do so on the basis of a point that we have covered a number of times in our deliberations so far, which is that we ought to retain the framework of factors in the schedule to the Bill at a relatively high level, thereby giving flexibility to the boundary commissioners rather than being any more specific. To be clear, we are talking about the list of factors in a specific paragraph of the schedule to the Bill. As the Committee will be aware, any boundary commission may take those factors into account when making recommendations if, and to the extent that, it sees fit. Those factors already include any local ties that would be broken by changes in constituencies.
I will make just one other preliminary point before I go on to how the boundary commissions have already been able to accommodate the importance of the Welsh language. It is that the amendment would have to apply to all the boundary commissions. The nature of putting something into these factors is that it would have to apply across the United Kingdom. Hon. Members might question whether that would be appropriate for the other boundary commissions to the extent that the hon. Gentleman has argued it is appropriate for Wales. There are some questions there. For example—Mr Paisley, I hope you do not mind me saying so—it is obvious that in Northern Ireland this would be quite a particular argument to put in the context of language and culture, which would have different effects from those in Wales, Scotland or England. For that reason alone, I hesitate to accept this amendment.
That said, the Welsh language is very important. It is an official UK language and one of the great inheritances of our Union, which we all have a responsibility to protect and develop. It is a manifesto commitment of this Government to support the ambition for 1 million people in Wales to be able to speak Welsh by 2050 and I am delighted that there are some in the Black Country as well, as demonstrated by my hon. Friend the Member for West Bromwich West. The UK Government are working closely with our counterparts in Cardiff on that commitment. I am pleased to say that 11 UK Government Departments have implemented their own Welsh language schemes, too.
In 2017, the Boundary Commission for Wales voluntarily adopted the Welsh language standards that became applicable to its sister organisation, the Local Democracy and Boundary Commission for Wales. It reports annually on how it has delivered against the Welsh language standards. The most recent report outlined that the Boundary Commission for Wales had implemented a language preference system for all correspondence with the public and confirmed that it published all online and offline material bilingually at the same time.
A critical part of the commission’s work is its extensive public consultation. We have touched on this in other parts of the debate. Equal status is given to Welsh and English throughout these consultations. I think that is very important, because it allows people to be able to advocate for their views in whichever language they are most comfortable with.
As the hon. Member for Ceredigion set out, the Boundary Commission for Wales already seriously considers Welsh language issues and links under the “local ties” factor. At the 2018 review, the boundary commission moved to designating all constituencies in Wales with English and Welsh names, as the hon. Gentleman mentioned. I can give some examples for the benefit of the Committee of how the boundary commission takes account of language.
During the 2018 review, a report by the assistant commissioners into the proposed constituency of Gwynedd noted that there was strong support for including four particular electoral wards in that constituency,
“because of the strong Welsh language, social and economic ties between that area and Gwynedd.”
[Interruption.] Did my right hon. Friend the Member for Basingstoke wish to intervene?
It was so emphatic that I thought it was another marvellous point coming from my right hon. Friend. Let me meet that noise of approval with another example from the 2018 review about naming constituencies. The commission initially proposed naming two constituencies in alphabetical order: “Colwyn and Conwy” and “Flint and Rhuddlan”. However, the order of these names was reversed in the final recommendations after the commission received advice about
“a Welsh language convention of naming geographic place names from north to south and from west to east.”
I make no comments about the merits of north, south, west or east Wales. The hon. Member for Ceredigion has already done that very capably. I should also note that the Boundary Commission for Wales raises the issue of Welsh language links in the meetings and briefings with the various political parties at the start of any boundary review, and it is open to the parties and members of the public to raise Welsh language links in the extensive consultation carried out during a review.
I hope that I have provided reassurance that the law as drafted already gives the boundary commissions—in this case the Boundary Commission for Wales—all they need to take account of languages and how they contribute to local ties. This is a pressing case in Wales. I hope the examples I have given show that that is already happening in action. On that basis alone, I suggest that the amendment should not be accepted.
However, I will advance one other, perhaps darker and more serious argument than the one the hon. Member for Ceredigion intended, and I certainly do not cast aspersions on him for making those points. I want to highlight a slippery slope that could occur with such an argument. It is right that the legislation does not set out characteristics of people, but sets out characteristics of place. There is an important moral dimension to that. It is easy to foresee a slippery slope, whereby other characteristics of people could be argued for in terms of how constituencies ought to be drawn. Although we have not given him much time yet in our debates, we could think back to Governor Elbridge Gerry in 1812 in Boston who did that. Of course he gave his name to the term “gerrymander”, because he created a constituency that looked like a salamander that had the characteristics of people that he wanted to be seen in one constituency. We should be cautious about the idea of opening up to placing people together because they have a certain characteristic, as opposed to local ties of place, which perhaps give a more respectable way to look at community. I am conscious that the hon. Gentleman certainly did not go that far in making his argument, and I would not want to say that he had done so. I am grateful to him for his thoughtful presentation of the issues, but I hope that the set of arguments I have put both demonstrate how the language is rightly taken into account, and show some of the dangers of going further with the amendment. I urge the hon. Gentleman to withdraw it.
This will probably be a slightly longer speech than I would have hoped given the note that we received from the boundary commission last night. Now might be a relevant point to discuss the content of that note, although it will not necessarily be easy given that we have had it for such a short period. The reason why it is relevant to discuss it at this point is that clause 6 refers to the rules to achieve the overall objective in the Bill, which is to create constituencies of equal size, and those rules are set out in schedule 2 of the 1986 Act. Therefore, in this stand part debate I would like to talk about three different points so that the Minister might be able to respond and so that they are on the record for the boundary commission to understand the importance of these things to getting this right.
The first point is the content of the boundary commission’s note, which will help us create equal-sized constituencies by looking at sub-ward level. The second point is about protected constituencies, which I know we will come on to when we consider my string of amendments to the schedule, but I will briefly touch on it. The third point is how we take into account future growth, which I raised in an evidence session, but it was interesting that nobody really answered the question, so I am going to raise it again for the Minister to perhaps respond to.
Looking at the first issue, the number of electorates per constituency at sub-ward level, I put on record my thanks—and I am sure the thanks of the whole Committee —to Mr Bellringer of the Boundary Commission for England and his team for the note of 29 June and such a rapid response to the issues raised when he gave evidence. The lengthy note we received uncovers that we have hit upon something important. My right hon. Friend the Member for Elmet and Rothwell and others made the point several times that it is important that, first and foremost, we look at equality in the context of local ties. I think the only issue I take with the note from the boundary commission is the assertion that wards always—they say generally—
“reflect communities of broad common interest in an area”.
I think they mostly, but not always, do that. We could all give great examples of where wards even in our own constituencies do not particularly reflect communities of broad common interest.
I thought I would intervene on my right hon. Friend rather than make a speech later because she is making absolutely the right points to sum up this stand part debate. A very important line that I picked up in the letter said that,
“wards generally reflect communities of broad common interest in an area, and to split them therefore risks splitting local ties”.
My right hon. Friend will agree that we do not want to argue with that statement, but that should also be the guidance for forming the constituencies: if the commissioners recognise that at ward level, they must recognise it at constituency level as well when choosing the wards that they are going to build constituencies from.
My right hon. Friend makes an extremely important point. Again, we can all think of constituencies, either our own or in our area, where that will be a considerable challenge for the boundary commission—where, in their words, there is going to be a significant review of constituency boundaries, particularly in constituencies such as mine, where the town of Basingstoke is now, one could argue, really too big to be one constituency. The debate is important and the Committee has shown the value of the process in raising this.
I note from the boundary commission’s response that they are not against looking at sub-ward level splits, which is obviously a matter of fact and they have done that in the past. However, I sense a reticence there for the future. I hope when the Minister responds she can underline the importance of ensuring that reticence is alleviated. Mention is made of the cost of splitting wards and pulling together data at a sub-ward level. There is a great focus on polling district data, which was not the only source of information that was mentioned in the evidence sittings and our debate. Yet the focus in the Boundary Commission for England’s response seems wholly to be on that form of information. Scotland and Wales already use postcode data, yet no mention is made of that in the response.
The boundary commission settled on the fact that it has to be units available across the entire country and then solely focuses on polling districts, which we have already said are subject to political considerations. What are not, of course, are postcode areas, which also represent, broadly speaking, cohesive communities. Does my right hon. Friend agree that that is an area that the boundary commission should consider?
My hon. Friend is right. It feels to me that the issue needs further consideration by the boundary commission. It is a great shame that even though it has already done an extensive piece of work with Ordnance Survey, surveying polling districts between 2013 and 2018—at a cost of a quarter of a million pounds, according to the note—there still seems to be resistance to looking at that in more detail or, as my hon. Friend suggested, at other data sources, which are presumably much more readily available. I understand that the Post Office delivers post every day, and therefore must update its information on a regular basis—particularly when new houses are built. Many of us will have had constituency casework on that issue.
Perhaps individual political parties might want to pick that issue up with the boundary commission. My feeling is that the Committee would want to press further for it to look at it in more detail.
Is not the point—and the thing that we are trying to avoid—the fact that in previous boundary reviews there have been significant changes from draft 1 to draft 2, when things have moved to the evidence stages? Is not it better for the boundary commission to approach the matter with the advice and thought provided by the Committee, to try to get draft 1 right, so that there will just be minor changes in draft 2?
There is an old adage in the business world about doing the right thing right. Yes, the commission should do the right thing right first time, and not create re-work. I note from the letter that the Boundary Commission for England wrote to the Committee that it recommends that it should give priority to mapping metropolitan areas, given the late stage we are at, and the concerns it might have about being able to map the whole country at this stage. I think that that is part of the answer, but, as my hon. Friend the Member for Heywood and Middleton said, there is also room for it to look at other datasets, so that it will not be quite so focused on just one solution. I note from the submission that one member of staff was given the matter as a project. Perhaps if a little more resource was put into it, it could be turned around a little more quickly.
I am not quite sure how the Committee can put further pressure on to the boundary commission, but my ask to it would be why it is not looking at other datasets and why it cannot resource the matter more. Surely the Government, for whom the project is important, would want to look at any suggestion of additional resources that are needed to complete the work in a reasonable timeframe so that such data could be available, whether that is only for metropolitan areas or for a broader cross-section of the country.
The second issue that I wanted to turn to, briefly, is protected constituencies. Clause 6 touches on the rules in schedule 2 and I think we can be more ambitious for the Bill, in relation to using the concept of protected constituencies not just in England and Scotland but Wales. We will discuss two amendments on that later in our proceedings, when we can pick up on some of the issues raised by the hon. Member for Ceredigion and show our understanding of the importance of community. As a kingdom of islands, sometimes we need rules in place to respect that unique nature of the United Kingdom. We will come on to that shortly.
My final point is on taking into account future growth, which I raised with a couple of our evidence givers. I suppose I am thinking about constituencies like my own, Basingstoke, which has grown significantly in the past three decades, from being a sleepy market town predominantly surrounded by the most amazing and beautiful Hampshire countryside, when it was the constituency of David Mitchell, the father of my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), to what it is today, which is one of the top 10 centres of employment in the south-east—still surrounded by the most amazing and beautiful Hampshire countryside.
To the west of the town is a major development area by the name of Manydown, in the constituency of my hon. Friend the Member for North West Hampshire (Kit Malthouse). No houses have yet been built, but they will be, and to stop unnecessary change in the future it will be important for that in some way to be taken into account geographically in the setting of the boundaries.
Please do not get me wrong: I am not asking for that to be taken into account in the quotas, but surely with such major areas, which have already had many hundreds of thousands if not millions of pounds-worth of development put into planning for the future, it would be an unnecessary change pending in the future for it not to be taken into account. I am sure every single Committee member can think of somewhere in or near their own constituency where that would be the case.
Given that one of the factors in the rules—I think I have this right—is that we can look at such things for the future, I hope that the boundary commissions will be able to think about the geographical nature of what they do, not just the numerical population-based nature of it. However, I did not get a sense from their response, or from others, that that was something they were focused on yet. I hope that we can register that with them at this early stage, to stop what my right hon. Friend the Member for Elmet and Rothwell said in his intervention on planning for the future and instead to get things right first time.
I find the right hon. Lady’s contributions thought-provoking and very helpful. Mr Speaker—
I would not challenge the right hon. Gentleman. I take the advice that his local knowledge makes him an expert to give. We listen to each other and say, “Actually, in those circumstances it wouldn’t work.” However, the number of areas where we would not need to do that would be far fewer. I think that the Leeds issue, with wards of 17,000, is quite an extreme one. I suspect that some of those will have to be split anyway, but we make heavy weather by making the number of those instances, and their frequency, much greater as a result.
I am intervening only because the hon. Member referred to what I said. To be clear, what I am calling for is more rigour in the process. I do not hold with his assertion that by giving people more leeway we will get a better answer. We need more rigour in what is being done, and more detail from the boundary commission, to ensure that the commission comes up with the right answer and we get equal constituency sizes. There will always be special cases—that was the point that I was making—and they have to be recognised, but I was not calling for a more lackadaisical approach; I was calling for more rigour and detail in the system.
I am grateful to the right hon. Lady for that clarification. The point that I was making in response to her speech and other contributions was that as long as we insist on 5%, none of the other considerations that hon. Members across the Committee are calling for will be possible or indeed relevant. I believe that it is important, for example, to have community ties. Language ties had not occurred to me until they were raised by the hon. Member for Ceredigion in relation to the previous clause. I found that very thought provoking, but there has to be a balance between the aim of achieving equal-sized constituencies and achieving the community ties for which hon. Members are calling. Unfortunately, at the moment we are not hitting that balance.
Clause 11 gives effect to the schedule to the Bill that contains minor and consequential amendments, including the repeal of provisions that are now spent or superseded. The schedule contains several minor provisions. As I mentioned at the beginning of our line-by-line scrutiny, one such provision clarifies that references to the Secretary of State include the Minister for the Cabinet Office, which alone takes up three of the 11 paragraphs that make up the schedule—perhaps a reflection of how minor the provisions are.
Others provisions in the schedule include paragraph 4(2) which, to reflect clause 5 of the Bill, which amends the number of constituencies to 650, updates the UK electoral quota to be based on 646 rather than 596. That reflects the number of constituencies minus the four protected constituencies. I acknowledge, however, that we will come on to debate aspects of that matter later. To reflect clause 4’s changes to public hearings, paragraph 5 tidies up the references to public hearings in the Parliamentary Constituencies Act 1986.
Hon. Members may be interested in the schedule’s reference to Blackpool, which I can explain, should the Committee be interested. No doubt the hon. Member for Lancaster and Fleetwood is agog to talk about Blackpool, so I will cover it briefly. There was a mistake in an amendment to the 1986 Act in the European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018.
The amendment made by that SI was intended to maintain the current position, that the BCE may take into account the boundaries of the European parliamentary electoral regions in England if it wished to do so, despite the repeal of the European parliamentary elections legislation. The regulations provided for newly defined English regions that correspond to the make-up of the existing European parliamentary electoral regions. The Bill adds the county of Blackpool to the description of the north-west region, which was erroneously omitted. Let the celebrations ring out around Blackpool for us having done that this morning in this Committee.
The schedule also ties up the drafting in previous related legislation, including the 1986 Act and the Parliamentary Voting System and Constituencies Act 2011. As they are very minor, I will not set them out in detail, although I would be happy to if hon. Members wish. The minor and consequential changes made by the schedule are important for tidying up the statute book and making the legislation easier to understand for the reader.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Schedule
Minor and consequential amendments
I beg to move amendment 14 in the schedule, page 7, line 16, leave out “for “596” substitute “646”” and insert “leave out “596” and insert “645””.
With this it will be convenient to discuss the following:
Amendment 11 in the schedule, page 7, line 17, leave out “646” and insert “645”.
This amendment is consequential to NC6, which would add an additional protected constituency.
New clause 6—Ynys Môn to be a Protected Constituency—
After Rule 6(2)(b) of Schedule 2 to the 1986 Act (protected constituencies) insert—
“a constituency named Ynys Môn, comprising the County of the Isle of Anglesey.”
This new clause adds Ynys Môn to the four protected constituencies
New clause 10—Protected constituencies—
(1) Schedule 2 to the Parliamentary Constituencies Act 1986 is amended as follows.
(2) In rule 6(2), after paragraph (b) insert “;
(c) a constituency named Ynys Môn, comprising the area of the Isle of Anglesey County Council”.
(3) In rule 8(5)—
(a) in paragraph (b), for “6(2)” substitute “6(2)(a) and (b)”, and
(b) after paragraph (b) insert “;
(c) the electorate of Wales shall be treated for the purposes of this rule as reduced by the electorate of the constituency mentioned in rule (6)(2)(c)”.
(4) In rule 9(7)—
(a) after “6” insert “(2)(a) or (b)”, and
(b) after “2011” insert “, and the reference in rule 6(2)(c) to the area of the Isle of Anglesey County Council is to the area as it existed on the coming into force of the Schedule to the Parliamentary Constituencies Act 2020.”
This new clause adds the parliamentary constituency of Ynys Môn to the list of protected constituencies in the Parliamentary Constituencies Act 1986 and makes other consequential changes to that Act.
These amendments and new clauses would effectively create an additional protected constituency of Ynys Môn comprising the area of the Isle of Anglesey County Council. The new clauses seek to amend schedule 2 to the Parliamentary Constituencies Act 1986, specifically the rules for the distribution of seats, resulting in Ynys Môn being included as a protected seat in rule 6. Consequential and necessary changes to rule 8 and rule 9 of the same schedule are needed to bring that fully into effect. Amendment 14 is a consequential amendment looking at the total number of constituencies.
There is an acknowledged principle in the 1986 Act that in our great British Isles, a collection of islands under our sovereign, Her Majesty, there are instances where the parliamentary constituency system needs to acknowledge challenges and limitations of building a constituency boundary system that adequately recognises island-based communities. Existing legislation does do that for two seats in England, neighbouring my own county in Hampshire, and for two seats in Scotland, but for none in Wales.
At this point I declare an interest. Although I was born in England and represent an English constituency, I was brought up in Bridgend, Wales. My maiden name is Lewis. My two brothers were born in Bridgend Hospital and my two nieces, Isabella and Olivia, attend a bilingual Church in Wales school in Llangattock. Yes, when England plays Wales in rugby, I support Wales. I am aware of the Welsh identity and the powerful role that communities play in Welsh life. When parliamentary boundaries were last debated, the move to 600 seats made it difficult to secure protection for the constituency of Ynys Môn. Given the return to 650 seats, I will attempt to turn the Minister’s head in the hope that she might be persuaded by arguments of both the head and the heart.
The people of Ynys Môn are rightly proud of their island and its unique history. While the boundaries of most other counties might be considered somewhat arbitrary—although not in Yorkshire and Lancashire, as we have heard—the boundary between Ynys Môn and the mainland is physical, perhaps indivisible and immovable.
There is something I fail to understand in this argument. Is Ynys Môn not connected by a bridge that was built around 100 years ago and is readily used all the time? How is it different from any other bridge in this country over rivers? The Isle of Wight argument was pretty thin, because the ferry is quite effective. Here you have a well-established bridge.
The right hon. Gentleman brings me straight on to my next point. It is as if he was reading my notes in advance—I am sure he was not. The Menai strait may be narrow enough to travel over by bridge, unlike travelling to the Isle of Wight, which he will be well aware is not connected by any bridges. However, the bridges were built very recently, and the people of Ynys Môn continue to have a strong sense of independence—born from many centuries of separation from the mainland—and have not changed. There are countless examples of Ynys Môn’s deeply held identity as an island community both physically and sometimes constitutionally annexed to the mainland. The island is environmentally and economically distinct from the mainland, being flat and fertile, with its rugged coastline and deep harbours standing in stark contrast to the mountains of Snowdonia.
The hon. Member for Ceredigion will, I am sure, tell me that my pronunciation is not good, but the area is known as Môn mam Cymru—Anglesey, mother of Wales. That is rooted in its history. Countless windmills still stand on the island as testament to the fact that it kept north Wales fed during the middle ages.
The right hon. Lady’s definition of “recent” must slightly differ from mine. The Menai suspension bridge was built in 1826, at just about the time we were getting any sort of franchise and about 100 years before we had universal franchise. This is a pretty thin argument, is it not?
I am sure the people of Ynys Môn will listen carefully to interventions made by Labour Members, which I am not sure necessarily reflect the arguments made over many years by others who have looked at this very carefully. The right hon. Member has a point that can be made, but this is not just a river or arbitrary boundary. This is a significantly sized island, which I think is actually almost double the size of the Isle of Wight. It is significantly larger than the Isle of Wight, so I think a bridge, however long it has been there, does not take away from its sense of identity. Indeed, there is clear and direct precedent for Ynys Môn to be treated as an exception. I hope, more generally, that the Labour party will support this proposal. Certainly, the evidence given to the Select Committee suggested that there was cross-party support. I am sure that the right hon. Gentleman is just making a little bit of mischief along the way.
There is clear precedent. The Isle of Wight’s two seats make an electorate of more than 110,000, Orkney and Shetland has an electorate of 23,000, and the Western Isles has an electorate of 15,000, so this is not about the number of people on an island but about the islands themselves, because they are geographically separate, with fractured populations. They have a tradition and identity that tend to override those numerical imbalances, which has rightly been recognised by this place over many years.
Ynys Môn possesses all the same exceptional qualities geographically, but also in its heritage. With an electorate of more than 50,000 registered voters, it is a sizeable community, as well as geographically sizeable. No other constituency I am aware of, or that Members have brought up so far in our consideration of the Bill, is in a similar situation to Ynys Môn. Its nearest comparators have all been granted protected status. While I know and understand the arguments made by some in Cornwall, I hope the boundary commission heeded the issues raised by Devonwall. That is a very different issue from those faced by island communities, and I do not think that the two arguments should merge.
We heard no dissent in our evidence sessions when the notion of protected status was put forward. As an island nation, UK citizens do not need to be told about the unique identity that results from living on an island. Recognising a plurality of identities is part and parcel of the geography of our British Isles and needs to apply to the Welsh island of Ynys Môn. There is a strong depth of feeling on Ynys Môn that the island should have this recognition. In our evidence session, Dr Larner, who is a research associate at the Wales Governance Centre at Cardiff University, was very clear:
“Obviously, Ynys Môn is not as isolated geographically as some of the Scottish constituencies, but, when you consider that the Isle of Wight is involved in these protections, it is reasonable to suggest that Ynys Môn should be too.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 131, Q251.]
I have to say that my hon. Friend the Member for Ynys Môn (Virginia Crosbie) put it best when she said: “Ynys Môn is unique. It is very special. The people have a strong sense of identity and community, unlike any I have experienced on mainland Britain. The countryside is rich and fertile, the coastline rugged and rural, and there is a very real sense of being an island standing alone from the mainland, despite the connected bridges. There is a commitment to protecting and promoting local business, the Welsh language and the culture and traditions of Ynys Môn. This is an island community that deserves to be recognised and protected.”
Diolch yn fawr, Mr Paisley. It is a pleasure to follow the right hon. Member for Basingstoke (Mrs Miller). I echo a lot of the points that she made in support of the principle of ensuring that Ynys Môn is retained as a unique and integral part of Welsh political history, and indeed the UK’s political history. Some of the points that I will make support her arguments.
There is a bit of consensus in the Committee on the fundamental argument about whether Ynys Môn deserves to be its own constituency, but it is fair to point out that we have received a few pieces of written evidence questioning, and raising some valid points about, whether Ynys Môn is enough of an island and deserves to be one of the protected constituencies, along with the Western Isles, for example. Some of the points in the most recent piece of written evidence—forgive me, Mr Paisley, but I have forgotten the name of the individual who submitted it. [Interruption.] Mr Aaron Fear, that’s it! Mr Fear made the valid point that, whereas the remoteness of the Western Isles makes its own argument for that constituency, the proximity of Ynys Môn to the mainland means that it should not benefit from similar consideration.
We have had the opportunity in this Committee to look back at history, and we have covered many historical events. On the point about Ynys Môn being close to the mainland, the hon. Member for Ynys Môn (Virginia Crosbie) will attest to the fact that the Menai strait is a significant natural barrier—just ask the Romans, who had an issue with it. It is one of the most treacherous stretches of water, certainly along the British Isles. Despite the transport links that modernity has bestowed upon the island, when we come to the point about Ynys Môn having its own distinct community, we probably find ourselves in a similar position to the Romans looking across the Menai to the druids. The people of Ynys Môn consider themselves to be a very distinct community from that of the mainland, and that is something that we should bear in mind.
I do not have much more to add to the points that were very well made by the right hon. Member for Basingstoke. I will summarise as follows: when we consider whether islands should have protected status, it is valid to ask whether they are big enough geographically and in terms of population, whether they are remote enough, and whether they have a distinct sense of community. I have dealt with the remoteness issue. Yes, at the narrowest width, the Menai is only a couple of hundred metres, but the community of Ynys Môn is so distinct from that of the mainland that it deserves recognition.
When it comes to the island’s size, perhaps it is not so big in global rankings, but it is more than 700 sq km. The right hon. Lady mentioned a few islands. It is only 5 sq km smaller than the island of Singapore, to put it in context. It is the 51st largest island in Europe, if Madeira is considered to be a European island; it is the 50th if it is not. In terms of geographical size, it has a sound argument and pretty good credentials. The resident population is about 70,000, which again is not insignificant. If we consider some of the geographical areas on the mainland, it is quite a sizeable unit. Administratively speaking, it is the ninth largest local authority in Wales by population. Again, that speaks to why it should be considered its own entity.
I mention community again at this point. If the local authority point is not enough then it should be considered that Ynys Môn fielded a team for the Island games, competing with islands across the world in different sporting events. The team is proud to represent their island, not some sort of appendage to north-west Wales. To encapsulate everything, the point made by Mr Geraint Day during the first day of the evidence sessions is a humorous but important one. History is on the side of Ynys Môn being a distinct constituency too. Since the 16th-century Acts of Union, Ynys Môn has always sent its own Member of Parliament to London, and indeed—apart from the Barebones Parliament—has always had representation in this place.
I point out that my hon. Friend the Member for Ynys Môn is with us today, although unable to take part in proceedings because of her role in the Government.
I referred to the hon. Member for Ynys Môn earlier on, and I am confident that she would agree with us if she were able to contribute. Ynys Môn has had continuous representation in this place, apart from the notable exception of the Barebones Parliament. Further to the points that have been made, if one needs to think about how Ynys Môn is considered within Wales, Môn man Cymru is probably the best way of putting it, as the right hon. Member for Basingstoke said. In her remarks on an earlier amendment, the Minister mentioned that the Boundary Commission for Wales agreed to the Welsh language convention of place names that run north to south and west to east. If that logic is applied, Wales starts in the north-west. What is the north-west? It is Ynys Môn. I do not have anything further to add. If the hon. Lady wishes to push the amendment to a vote I will support her.
I believe it is the former; indeed, that is what the consequential amendments in this bundle go on to do. We can complete that argument when we discuss the tolerance and the way in which the quota is arrived at.
I will now deal with the fact that a couple of amendments are grouped together, and other Members have already asked questions about the procedure. I assume it would be in order for me to indicate that I would like to accept amendment 14 and new clause 10, but not new clause 6 and its associated amendment. That is for the very good reason that consequential changes to the Parliamentary Constituencies Act 1986 are required to fully implement this protected constituency, and we need to ensure that those consequential changes are made by the amendments tabled by my right hon. Friend the Member for Basingstoke, not those tabled by the hon. Members for Ceredigion and for Glasgow East. That is not to say that those Members have not made good arguments today—they have—but I intend to accept the amendment tabled by my right hon. Friend the Member for Basingstoke. I hope that is in order, Mr Paisley. I think I have answered all the points raised.
I thank the Minister and also the hon. Members for Ceredigion and for City of Chester for their kind words and support for this approach to achieve what we all want. The Minister has indicated that she will accept amendment 14 and, when we come to it, new clause 10 as well. It is my hon. Friend the Member for Ynys Môn who has campaigned for this change, this protection, and today’s debate reflects her assiduous hard work and the understanding that she has of the community that she represents.
Amendment 14 agreed to.
An historic day, colleagues! The next amendment on the paper is amendment 10, but that was debated last Thursday and David Linden indicated that he did not wish to press it to a Division. Unless Mr Linden has changed his mind, which could happen, we will move on.
Schedule, as amended, agreed to.
Maria Miller
Main Page: Maria Miller (Conservative - Basingstoke)Department Debates - View all Maria Miller's debates with the Cabinet Office
(4 years, 4 months ago)
Commons ChamberMy right hon. Friend made some thoughtful and interesting contributions in Committee and continues to do so on Report. The points he raised are entirely correct. The Government would do away with Parliament’s role in the process—a role that Parliament has always had. In short, the Bill removes the power from Parliament and hands it to the Executive. The Government’s justification for the change simply does not stack up. The Minister says that her Government are removing Parliament from the process to prevent delay and interference from MPs, but according to Professor Sir John Curtice—and who are we to challenge him?—delay and interference by the Executive will still be “perfectly possible”.
I apologise for interrupting the shadow Minister’s train of thought, but she keeps repeating this “fact”, which is not a fact at all. The Bill actually takes away power from the Executive; it does not give the Executive more power, because it removes the reserve powers of Government to amend the boundaries. The hon. Lady needs to set the record straight; otherwise, she risks misinterpreting the Bill for a wider audience.
I thank the right hon. Lady for her intervention, but I am afraid that I quite simply disagree. This Bill takes power away from the whole of Parliament and hands it to the Executive. After all, they are the ones who can table primary legislation and choose to bring forward or not to bring forward the report for a vote. The power has been in their hands, which is why we are in the mess that we are in today with boundaries that are 20 years out of date, and looking to be a quarter of a century out of date by the next election if we do not make progress with this Bill.
In her speech on Second Reading, the Minister stated that the removal of parliamentary oversight and approval would quicken the process, thereby avoiding wasting public time and money. If she is so concerned about wasting public time and money, why did she allow the commissioners to carry on with their sixth periodic review and then not bring it to Parliament for a vote?
New clause 1, which stands in my name and in the name of the Leader of the Opposition, is a pragmatic and constructive amendment. I very much hope that Members will consider supporting it. It seeks to alleviate the inevitable break-up of communities resulting from the too narrow 5% quota. While the commissioners should always aim to hit electoral quota, in some particularly challenging cases this new clause would allow them to have a greater flexibility of 7.5%. This 5% variance from electoral quota was first introduced at the sixth periodic review, and it was introduced alongside reducing the number of constituencies to 600. That is important because, at 600 constituencies, a 5% variance is approximately 4,000 electors either side of quota, but at 650 constituencies, which is what we have before us today, a 5% variance narrows and is approximately just 3,500 electors either side of quota, making it even more difficult to keep wards whole and communities together. The 5% variance needs to be adjusted in line with the number of constituencies. When we consider that the average urban ward in England is around 8,000 electors, we can appreciate the significance of needing at least 4,000 electors either side of quota to prevent the breaking up of wards and communities.
I completely acknowledge and note the right hon. Gentleman’s arguments, but we fundamentally disagree. I consider the UK to be a union of four nations, as opposed to a single entity. I think we are at an impasse and will never be able to agree. I acknowledge that his argument is coherent, but I do not agree with it, which is more than I can say for other Members.
The representation of the peoples of the UK could be addressed if we were to explore reforms to other parts of the constitution, most notably the other place. Other countries have shown that second Chambers can be very good at doing this. However, that is not on offer at the moment and, indeed, is not a measure before the House. For that reason, I encourage Members to support new clause 2, to at least make us pause and make sure that it is a conscious decision to reduce the number of MPs from the respective nations of the UK.
It is a great pleasure to follow the hon. Member for Ceredigion (Ben Lake). I am pleased to hear his support for my old new clause 10, which now makes up clause 7 in the Bill. I think he will find that his amendment was what we call technically defective. However, it is good to hear his support.
I am grateful for the opportunity to speak to this group of amendments on Report, but before I do that, it says it all when Labour characterises boundary changes, as the right hon. Member for Warley (John Spellar) did, as unnecessary nuisances. The Bill is all about the quality of our democracy. Fair and equal-sized constituencies are at the heart of it.
The right hon. Gentleman has had quite a lot of giving way. I am not giving way.
On a point of order, Madam Deputy Speaker. The right hon. Member for Basingstoke (Mrs Miller) attributed a statement to me that is not actually what I said. I therefore seek the opportunity to correct that.
It is up to the right hon. Member for Basingstoke (Mrs Miller) whether she wants to give way.
Thank you, Madam Deputy Speaker. I actually wrote it down—perhaps the right hon. Gentleman needs to check Hansard.
Order. The right hon. Gentleman has put his views on the record, but he really must not interrupt in that way.
Thank you, Madam Deputy Speaker.
The Bill is all about the quality of our democracy and about fair and equal-sized constituencies, which are at the heart of the Bill. It is to ensure that every vote counts the same. I see that as part of a fair democracy. This group of amendments repeats many of the debates in Committee, despite the compelling evidence that we received. They are designed to dilute the intention of the Bill and, in doing so, reduce its effectiveness in delivering better democracy.
I will look at just two amendments: new clause 1 and amendment 1. New clause 1, which would allow an up to 15% difference between each of our constituencies, fundamentally tries to undermine the intention of the Bill. Anyone listening to the debate today would think that our communities all come in packages of particular sizes; that is simply not the case. Swindon and Reading both had to be split in two, and any increase in the tolerance around the quota would not have really helped them. My constituency of Basingstoke now has 83,000 people. Whatever way we read that, Basingstoke will have to be carved up into different constituencies, regardless of the fact that it is clearly one coherent community.
The cornerstone of what we are doing here has to be the issue of equal suffrage. That is the cornerstone of our democracy and we cannot con ourselves into thinking that our communities can be carved up easily—they cannot. It is difficult. Perhaps the right hon. Member for Warley had a point when he used the words—which I must get right now to ensure I do not affront him again—an unnecessary nuisance, because in many ways this is very difficult to put into practice. However, it was central to our 2019 Conservative party manifesto that we would have updated and equal parliamentary boundaries to ensure that every vote counted the same.
On the amendment, if we are to reach the Bill’s objective, we need to urge the Boundary Commission to be far more imaginative in how it looks at our communities and go below the ward level when trying to construct new boundaries. It is possible within the existing rules to do that—no rule change is required—but I was rather taken aback by some of the Boundary Commission’s evidence saying how difficult that would be, particularly given that software with geographic information system capability has been purchased to enable sub-ward-level boundaries to be considered. I hope that the Minister may be able to edify the Chamber a little on what more work has been done in that direction.
I note that the Boundary Commission’s letter by way of supplementary evidence said that the political parties were going to meet the commission prior to the review starting. I hope the Minister may be able to reassure us that further headway will be made on this issue. I welcomed the commission suggesting, in that supplementary evidence, the prioritising of the mapping of metropolitan council areas where the largest ward electorate sizes occur, but if other areas in the country require that to happen, how will we handle that?
Perhaps the Minister could also consider how we should be dealing with the Boundary Commission between reviews to make sure that it is doing this basic spadework then, rather than when a review is imminent. It seems to be a poor use of resources to be dealing with it in this way.
The Bill is all about creating fairness and making sure that every vote counts the same, and I wish it well as it travels through to the other place. The right hon. Member for Warley (John Spellar) and I locked horns on whether boundary changes should ever be characterised as a nuisance; I would never want to misquote him, and I apologise if he thought I did. However, there is no nuisance in creating fair and equal boundaries—we should all agree on that.
Equal suffrage is a cornerstone of our democracy, and the Bill is part of that. I thank the Minister for accepting new clause 10 during the Committee’s proceedings, which is now clause 7 of the Bill and makes Ynys Môn a protected constituency, which is an important addition to the two constituencies that are already protected. The Bill honours a 2019 Conservative party manifesto commitment to ensure that we have updated, equal parliamentary boundaries, making sure that every vote counts the same. I hope that the other place heeds the debate in this place, and the fact that this was a Conservative party manifesto commitment, as they consider the measures in the usual way.
However, one outstanding issue is certainly the Boundary Commission and the way it will operate in support of this legislation. I hope the Minister is able to continue, through the Cabinet Office, to make sure that that organisation is doing everything it should to have the data it needs to put in place this important piece of legislation.
I close by saying an enormous thanks to the Committee Clerks, who made the running of the Committee so smooth, and also to the Minister, her colleagues, those Members who chaired the Committee and, of course, to you, Madam Deputy Speaker, for being here this evening.
Well, Madam Deputy Speaker, let us consider the glory of the United Kingdom. Let us start, alphabetically, with the first constituency that comes to mind. My hon. Friend the Member for Aberconwy (Robin Millar) is not in his place, but if he were, he would doubtless tell us what a glorious place it is. We would then turn to the hon. Member for Aberdeen South (Stephen Flynn). Regrettably, he is not in his place, but if he were he would tell us how wonderful Aberdeen and Aberdeenshire are.
Does the Minister not agree that the debate has given everybody the opportunity to talk about the uniqueness of their constituency, and that the Boundary Commission should not forget that when looking at redrawing the boundaries, because that uniqueness in each of our constituencies is what makes us want to do our jobs?
I absolutely agree on that, and it allows me to do something rarely allowed to a Minister in such proceedings, which is to pay tribute to one’s own constituency. Let me put on record how wonderful Norwich North is, with its parishes and towns, which in themselves are separate communities. My hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) made the point about how fiercely such things are argued, even within a constituency.
Parliamentary Constituencies Bill Debate
Full Debate: Read Full DebateMaria Miller
Main Page: Maria Miller (Conservative - Basingstoke)Department Debates - View all Maria Miller's debates with the Leader of the House
(4 years ago)
Commons ChamberIndeed. The hon. Member is right about the butterfly effect, because of course we cannot change one parliamentary constituency without having a knock-on effect on all the neighbouring constituencies too.
The truth is that constituencies should look like communities. I thought that point was made very effectively on Second Reading by the right hon. Member for Basingstoke (Mrs Miller). I hope she does not mind if I quote what she said then:
“Constituencies should not just be numerical constructs; they should be constructed for communities first and foremost”.—[Official Report, 2 June 2020; Vol. 676, c. 804.]
I completely agree.
Forgive me, Madam Deputy Speaker, but I was quoted. Does the hon. Lady agree, though, that a variance of up to 10,000 voters will actually give the Boundary Commission more than ample flexibility to be able to accommodate communities? The figures she was citing earlier were not, I think, entirely accurate.
I hope that the right hon. Lady will be able to expand on that in her contribution; she is next on the call list to speak. However, I do not quite understand the point that she is trying to make, because there is always going to be a balance between—[Interruption.] If she would like to listen, there will always have to be a balance between hitting the quota and getting as close as we can to 0% from the quota—it would be desirable if every constituency had the exactly the same number of electors—while keeping communities together. I do not think that the idea of dividing a street or a housing estate arbitrarily to create exactly the same size constituency boundaries would cut the mustard with the public. The 5% rule runs a coach and horses through those community ties. It creates a kind of painting-by-numbers approach to the boundary review, and it will lead to long-established communities being split from one another and will erode local identities and divide neighbourhoods. Quite simply, we cannot have it both ways; we cannot protect local ties and enforce a strict quota.
Throughout the Bill, the Government have argued that a 5% tolerance will make every vote count equally, but I would argue that even a 0% quota would not make every vote carry the same weight. Leaving aside the fact that millions of voters are effectively disenfranchised every election owing to the existence of so-called safe seats, it is simply not true that every vote would count equally as a result of this Bill, because at any election we now know that in the region of 9 million eligible electors are incorrectly registered and are losing out on their chance to vote. Millions more will potentially join them if the Government’s plans to roll out voter ID come into force, as we have seen, similarly, in US elections.
I turn to Lords amendment 8, which was tabled by Lord Shutt, who, very sadly, died two weeks ago. He was passionately committed to improving our democracy and it is quite fitting that his last contribution was in support of this amendment. I was speaking to the hon. Member for Westmorland and Lonsdale (Tim Farron) earlier today and he told me that he was a down-to-earth, humble, funny and genuinely nice bloke. I would like to put on record the Opposition’s condolences to his family at this sad time.
Lord Shutt’s amendment would represent a significant step forward in voter registration and, hopefully, participation among young voters. As we all know, electoral registers are the fundamental building blocks for constituency boundaries. Sixteen and 17-year-olds can register as attainers head of their 18th birthday. Since the introduction of individual electoral registration, the number of 16 and 17-year-olds who have been registered has fallen from around 45% in 2015 to just 25% last year. This amendment would enable the Government to ask local authorities’ registration officers to add 16-year-olds to the electoral register when they get their national insurance number or, alternatively, ensure that 16-year-olds would be provided with information on how to apply to join the electoral register on receiving their national insurance number.
This sensible arrangement could radically improve the number of young people registering to vote, hopefully helping them to develop a habit of a lifetime of voting, and—more relevant to this legislation—mean that our constituency boundaries are representative of younger voters. The 16 and 17-year-olds that are considered when it comes to drawing constituency boundaries are likely to be the electors at a subsequent general election. For that reason alone, the Minister should give the amendment great consideration.
In conclusion, the Labour party fundamentally rejects the Government’s attempt to end the parliamentary approval of the new constituency boundaries, and we ask that Members think hard about the impact of the restrictive 5% quota. Ministers know very well exactly what needs to be done to enable greater democratic engagement, and the fact that they have consistently failed to take any action tells us all we need to know.
It is a great pleasure to follow the hon. Member for Lancaster and Fleetwood (Cat Smith). We also seem to have a number of Members of the Public Bill Committee in the Chamber today. It was a vigorous and very compelling Committee and I am sure that the debate today will follow that.
The right hon. Lady talks about manifesto commitments. It was not that long ago that there was a manifesto commitment to have 600 seats in the House of Commons. What changed for the Government? [Interruption]
As one of my hon. Friends says from a sedentary position, it was a different manifesto. Even more importantly, one fundamental change that the hon. Gentleman will know more about is that we are choosing to leave the EU and, as a result, Members will have more work to do.
If the hon. Gentleman will allow me not to give way, this is not a debate between the two of us. The Leader of the House has set out important responses to these amendments which deserve a great deal of consideration. He has given a comprehensive analysis of these Lords amendments. Taking into account the fact that the Government have accepted amendments 3, 4 and 5 already, I would like to confine my comments to amendment 7 but also join him in agreeing that all the other amendments are manifestly unnecessary. Indeed, the Committee considered those issues in detail and found that the Bill should remain as it is.
Amendment 7 would undermine the essence of the Bill because it increases, not reduces, the opportunity for differences between constituencies. I referred to Basingstoke during my intervention on the hon. Member for Lancaster and Fleetwood. Currently we have almost 83,000 voters in Basingstoke, whereas a constituency such as Rhondda has just over 50,000. That shows starkly the necessity for change and for us to take this opportunity to make that change work as well as it can. It is as much to do with the way the current system works, in terms of Parliament being able to intervene in these measures. The difference between those constituencies is stark. But it is incumbent on us to ensure that any changes we put in place do not build another raft of problems for the future.
The right hon. Lady’s example of the Rhondda does not hold, I am afraid, because the allocation of seats to Wales will be based on the number of registered electors. Therefore, there may be some variations within Wales, but her seat in Basingstoke and constituencies in Wales are covered by another part of the Bill. Yet again, why have this dislocation when it does not actually impact in the way that she is describing?
I think my voters, and I am sure others, would want to be aware of the difference between constituencies, and whether they are in Wales or Hampshire, each voter should have the same ability to be represented in this place. That is manifestly not the case at the moment.
We had no end of evidence from experts on that point, and I think we should all thank those who took the time, not only to give written evidence to the Committee, but to appear before the Committee in person too. It was clear from that evidence to the Committee that there was no compelling reason to deviate from the Government’s proposals; it is important to put that on the record today.
Dr Alan Renwick from University College London said in oral evidence that no academic expert would be able to decide that what was on the face of the Bill should be changed. It is clear also from the evidence that there is room for accommodating those rules that we discussed at length, that there is sufficient flexibility in practice, and that the Boundary Commission will still be able to adhere to community ties.
I now come to the main point that I want to make to the Leader of the House, because it really perturbed the Committee. I absolutely agree that the amendment should not be made, but I want to be opportunistic and take the opportunity to land this point once more with the Government. We were concerned about the evidence that we saw from the Boundary Commission for England, and its ability to work within the way that the Bill sets out.
The oral evidence from Mr Tony Bellringer from the Boundary Commission for England very much underlined the commission’s current approach of working with wards as “building blocks”, and emphasised that currently that organisation does not hold a system or a dataset that could allow it to work in any other way. Yet, on the other hand, we heard—I think on the same day—that the Boundary Commission for Scotland does just that: it holds datasets that allow it to work at a sub-ward level. It is important that my right hon. Friend addresses that point, so that we may send a very loud message to the Boundary Commission for England that our democracy is important to us, that the Bill is all about equally sized constituencies, and that the commission needs to work with that.
My hon. Friend the Member for Heywood and Middleton (Chris Clarkson) reminded us in Committee that it was the chartists who, in the people’s charter of 1838, called for the principle of electoral equality, and said that that should remain the cornerstone of our democracy now and in future. I hope that the Leader of the House will reassure the House that no historical approach by the Boundary Commission for England will stand in the way of that organisation’s creating equal constituencies following the coming into force of this legislation, so that a vote in whichever part of the United Kingdom we live, from here to Ynys Môn and beyond, can count equally.
The right hon. Lady wants equality. Did she not move the amendment that said that Ynys Môn should stand alone, even though it would be much smaller than the quota?
I am sure that the right hon. Gentleman would not want to be the person from the Labour Benches to tell the people of Ynys Môn that Labour does not believe that theirs should be a unique constituency.
Thank you so much for the opportunity to contribute to the debate, Madam Deputy Speaker and I hope the Leader of the House can answer my questions.
It is a pleasure, as always, to follow the right hon. Member for Basingstoke (Mrs Miller).
I start by sending my best wishes to the Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), who has been a formidable but good-natured opponent on the Bill. Naturally, there is much for me to disagree about when it comes to my dealings with Britain’s Constitution Minister, but personal health always transcends politics, and I know I speak for us all when I wish her all the very best for her treatment in the coming weeks and months. I look forward to seeing her back at the Dispatch Box.
I also welcome the Leader of the House to our proceedings on the Bill. He is always incredibly entertaining and I have certainly enjoyed watching his transition from a robust and consistent Back Bencher to a member of the Cabinet having to participate in the parliamentary gymnastics of Government U-turns that have become a hallmark of this Government.
The particular U-turn that this Bill legislates for is in reference to clause 5. That undoes the 2011 legislation, which I think the right hon. Gentleman voted for and which would have reduced the number of constituencies in the House from 650 to 600. With new legislative powers coming back from Brussels post Brexit, it would surely have been bonkers to reduce the number of MPs while increasing the legislative power of the Executive. Let me respond to the point of the right hon. Member for Basingstoke. I know that she did not want to have a debate about it, but her point was that the Government changed their position as a result of Britain’s exit from the European Union. In actual fact, as someone who served on the Parliamentary Constituencies (Amendment) Bill Committee, a Bill brought forward by the hon. Member for Manchester, Gorton (Afzal Khan), I know that, until December last year, the Government opposed that Bill every single way by withholding the money resolution. By that point, Britain was already leaving the European Union, so I am afraid that the right hon. Lady’s argument does not stand up to scrutiny on that part.
The fact that, under new calculations, Scotland will lose out on two to three constituency seats is making a mockery of the promises made after the 2014 independence referendum. In fact, it seems that all the devolved nations will now stand to lose out on constituency seats under the new calculations. The nation, of course, that is due to lose the most seats under these proposals is Wales, with all witnesses in Committee, including the CCHQ representative, Mr Pratt, saying that Wales would, in his own words, “take a hit”. I am sure that Welsh Conservative MPs were delighted about that being placed in Hansard. Again, it has been widely acknowledged that, under the current formula, Wales would lose seats to the benefit of the south-east of England. But this is not the only UK nation that stands to have diminished representation in the House of Commons.
Scotland is currently represented by 59 MPs and although I continue to work every single day of the week to ensure that Scotland is no longer governed by Westminster, until that day comes, I will fight to ensure that Scotland’s voice is fairly heard in this Chamber. Based on the proposed electoral quotas, we would see Scotland losing two or three seats to the advantage of England, which strikes me as being wholly unfair and flies in the face of the rallying calls that Scotland should lead the United Kingdom, rather than leave it. After the 2014 referendum, Scotland was promised that it would be considered an equal partner in this Union. However, the fact that Scotland is now set to lose three constituency seats should continue to highlight the promises made post 2014 that have been proven to be empty again.
I welcome all the amendments made in the House of Lords and commit my party to voting for them when the Division bells ring tonight, but there were some real missed opportunities for their lordships to dramatically improve the Bill. First, I am bitterly disappointed that their lordships did not remove the provisions of clause 2, which deals with the issue of automaticity or parliamentary approval of commission recommendations. Too often in earlier debates, the Government got away with suggesting that MPs should not be marking their own homework when it came to the approval of new boundaries, but I am genuinely surprised that the other House, which has a role in approving recommendations as well, has also relinquished that right. When it comes to Scottish peers—most if not all of them have never been elected—there was a hugely missed opportunity to try to protect the voices of devolved nations in future Parliaments. It should have been a priority for Members of the House of Lords to protect Scotland’s 59 seats in this Parliament and to protect our ability to represent our constituents and not to diminish Scotland’s voice. I see that some Conservative Members look quite perplexed at this idea of protecting seats, but of course it was 1980s legislation under Margaret Thatcher that protected Scotland initially at 73 seats and then they were reduced to 59 under devolution. Therefore, for those who look a bit perplexed about this, it was actually something that was advocated by a Conservative Government.
Having set out our position in the Bill, I will confine my remarks to the amendments for consideration from the other place. I turn to amendments 1 and 2. My party supports the amendments to review the boundaries every 10 years, as opposed to the shorter timeframe of eight years, mainly due to the increased certainty that it gives to constituents and representatives alike. Moving from eight to 10 years does not strike me as being an unreasonable compromise and I am therefore content to offer my party’s support for the amendment being made permanent to the Bill.
On amendment 6, I also support the change to have an independent appointment process. Earlier in my remarks, I made reference to authenticity and the Government’s argument that MPs should not have a role in approving the commissioner’s recommendations. If we follow the logic of the argument about removing perceived self-interest, then the same is surely true for Ministers—in this case, the Lord Chancellor appointing boundary commissioners. Amendment 6 would see the power to appoint commissioners transferred from a politician to the Lord Chief Justice. That would, in effect, stop future Tory Ministers from appointing their chums to the Boundary Commission. By keeping clause 2(2) in the Bill but voting against Lords amendment 6, the Government would, in effect, be having their cake and eating it, and be charged with rank hypocrisy. I know the Leader of the House is a good man, and I am sure he would not want to be portrayed as a hypocrite by voting for such a fundamentally contradictory proposition.