Parliamentary Voting System and Constituencies Bill

Mark Durkan Excerpts

Monday 1st November 2010 Commons Chamber

[John Thurso]

I am receptive to the hon. Gentleman’s argument. However, if he knew my constituency, he would know that saying it might like to be called Thurso is probably the worst insult that could be delivered to the Royal Borough of Wick and to Wickans. May I put it on record that I am entirely content with Caithness, Sutherland and Easter Ross—or however much of Ross I may end up with?

There is a clear need for the Bill to be amended and if, given the lack of time, we cannot achieve that, I sincerely hope that the other place will take a long, strong and hard look at it. This is the sort of constitutional change that simply must not be allowed to slip through on the back of an electoral pact.

[Mark Durkan (Foyle) (SDLP)]

I want to speak to several amendments that I tabled in this group. Amendments 188, 193, 189 and 192 all refer to issues that arise in the context of Northern Ireland. This group includes other amendments that address issues that arise in the context of Wales and the Scottish islands, and constituencies that include such areas. There is also an amendment relating to the Isle of Wight.

My amendments are not about “ferrymanders” for constituencies with many islands, nor are they about “valleymanders” because of the geography of Northern Ireland, but they address two points. One is the principle of having a distinct quota in Northern Ireland. Amendments 9, 200 and 202 would give the four boundary commissions four discrete electoral quotas for the constituent parts of the United Kingdom. I have no issue with that, and I agree with it in principle, although I am not here to legislate for other parts of the United Kingdom.

I tabled amendment 192 because the Government seem to have set their face against separate electoral quotas for constituent parts. It calls for a distinct Northern Ireland quota. If the seat reduction goes through, we will end up with about 15 constituencies. Because the boundaries will be changed every five years, according to the UK quota arithmetic, it could be that under the Sainte-Laguë system for distributing seats to the four constituent boundary commissions the following boundary review might reduce the number of seats in Northern Ireland to 14, and the boundary review after that, depending on what happens with registration, might raise the number again.

Chopping and changing the number of seats in Northern Ireland every five years without any regard to either a sense of equality or a quota that relates to Northern Ireland’s particular circumstances has difficulties. My amendments, which are specifically about Northern Ireland, could stand so I ask the Government to consider them even if they combine to defeat the other amendments, which sensibly and correctly call for discrete quotas. If separate boundary commissions are to be given particular tasks for particular areas, they should at least be mandated to produce a specific quota for those areas.

[Mr MacNeil]

The hon. Gentleman makes a good and interesting point in that it underlines the general population instability in the UK. Recent scholars of the Union have pointed out that the Scottish percentage of the UK population has decreased. In the years to come, given the pattern of movement in the UK and the way in which the economy is run from south-east England, we might see more MPs from England and fewer from Scotland, Wales and Northern Ireland. The hon. Gentleman thus makes a very sensible point.

[Mark Durkan]

The hon. Gentleman spells out exactly the vista that is ahead of us with this Bill. Not only are the different boundary commissions not allowed to take account of the totality of circumstances within the territories for which they are responsible, but they are bound not just by the arithmetic of the UK quota but by the fixed limit of 600 seats. Part of our problem with all this is that we have a fixed limit of seats. There is not one seat more and not one seat fewer; there is just an absolute given number. I can see in that some of the conundrums that will beset this House every single time a boundary review is undertaken.

[Mr David Hamilton]

Does the hon. Gentleman not accept that there is no recognition that in 2005, Scotland moved from 72 MPs down to 58 MPs? If the proposal goes ahead, there will be a further reduction of eight in Scotland. That is an outrageous reduction in MPs and representation throughout Scotland. It is much more than the percentage that is being talked about over here.

[Mark Durkan]

The hon. Gentleman has spelled out exactly what lies ahead with this Bill. There is uncertainty over the changes that will come with the introduction of this Bill but, in addition, in every single Parliament there will be an arithmetical play-off over who gets the last bundle of seats out of the 600. Does a party qualify under Sainte-Laguë for an extra seat, or does it end up losing a seat in Scotland, Wales or in Northern Ireland? The Boundary Commission will then be asked to deal with the consequences again.

[Kevin Brennan]

Does the hon. Gentleman agree that the Government’s approach to this Bill, and the observations from some Government Members, profoundly misunderstands the nature of the United Kingdom? By equalising—except with some exceptions—the parliamentary constituencies, it completely ignores the fact that we are a united kingdom of nations of different sizes. In the United States, where there are equal congressional districts, the Senate balances the rights of the smaller states. There is no balancing within this Bill for the small nations, which could never ever outvote the interests of the largest nation in this United Kingdom.

[Mark Durkan]

I think I understand the point that the hon. Gentleman is trying to make. Personally, I am no fan of the United Kingdom. I am not a comfortable subject of it, and, as far as I am concerned, my small nation is not represented in the United Kingdom. My small nation is divided between the United Kingdom and the Republic of Ireland. I have no doubt that that will be work for another Bill on another day.

I want to make the point that the amendment in respect of the distinct Northern Ireland quota has its own merits, even if the Government, wrongly, unwisely and unfairly combine to defeat the other sensible amendments that would entrust boundary commissions with their own discrete quotas.

The other key area in amendments 188 and 193, and particularly in amendment 193, is to do with ensuring that the Boundary Commission for Northern Ireland will not just have to respect carefully things like local government wards, as the hon. Member for Rhondda (Chris Bryant) has spelled out, which the Bill as it stood was already providing for, but will have to have regard to the fact that constituencies in Northern Ireland are also, absolutely by statute, constituencies of the Northern Ireland Assembly.

Under the Northern Ireland Act 1998 and the Good Friday agreement, it was decided that parliamentary constituency boundaries would be exactly coterminous with the Assembly multi-seat boundaries, so changing the parliamentary boundaries means changing the Assembly boundaries. Under this Bill, they will be changed every five years, according to arithmetic dictated by the UK in general. We could end up with geo-sectarian issues as a result, and with the unsettling effect of boundary reviews throughout the life of every Assembly and every Parliament. Towns and villages will feel that, because of the boundary arithmetic, they are being pushed out of their natural hinterland and perhaps split between two Assembly constituencies, and that the natural base for their Assembly seat could be lost. There could also be implications for health care and other services.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

My hon. Friend made a point about the people living on the periphery of a constituency chopping and changing between elected representatives at every election. What does he think that will do for the morale of those people, when they come to cast their vote? Is it good for democracy if those people feel that they are not really part of anywhere at all?

[Mark Durkan]

I do not believe that it is good for democracy. Thankfully, Northern Ireland now has a more settled process, but we face continuous and unsettling boundary reviews, some of which will come into play in time for the next parliamentary election but not in time for the next Assembly election. An Assembly election could therefore take place within boundaries that are about to disappear, and the next parliamentary election could be held within different ones. People will be completely confused. Equally, the number of our constituencies could go up and down, because the Sainte-Laguë method means that we are always in danger of just losing or just gaining a seat at each review.

[Mark Tami]

Can the hon. Gentleman foresee a situation in which a small town or village could move one way for one election, and back again for the next? In the Northern Ireland context, that could have considerable ramifications.

[Mark Durkan]

Yes, it could have serious ramifications. I do not need to spell out the names of particular townlands and their hinterlands, but the consequences are obvious, especially for multi-seat constituencies.

In the various amendments that I have tabled, I am not saying that we are seeking inequality for Northern Ireland. The principle of equality of constituencies should exist, particularly in constituencies that have to elect six Members, supposedly on a PR basis. They should be broadly equal, but they should be equal in a Northern Ireland sense.

[Mr Dodds]

On this issue, the hon. Gentleman and I agree about the Bill’s impact on the Northern Ireland Assembly. We might not agree on how we see our future, because my party obviously sees Northern Ireland as part of the United Kingdom. He is absolutely right to mention the Assembly constituency boundaries, however. Those boundaries will be about to change when the election is held in 2019, so anyone standing in those elections will have been representing their constituency for four years, but the boundaries will have been changed for the past three years. That is a completely unacceptable situation.

[Mark Durkan]

The right hon. Gentleman is right to backlight exactly the sort of anomalies that will be created by the Bill. We are meant to be legislating for the whole of the United Kingdom and its constituent parts, so let us not legislate to create anomalies.

[Paul Murphy]

I say to my hon. Friend the Member for Foyle (Mark Durkan) and my right hon. Friend the Member for Belfast North (Mr Dodds) that a great deal of negotiation and compromise led to the Good Friday agreement, which created the situation in which the parliamentary constituencies equated with the Assembly constituencies. Does my hon. Friend not agree that the actions of the Government are such that, if their proposals are accepted, all that work could be jeopardised at a stroke?

[Mark Durkan]

I totally agree with the right hon. Gentleman, who served with great distinction in Northern Ireland, not only as Secretary of State but as Minister of State. He was also the person who chaired the Strand 1 negotiations. Everyone rightly praises George Mitchell for his role, but not enough praise is conferred on the right hon. Gentleman for his role, and for the patience and perspicacity that he showed at that time. I must remind him, however, that in those negotiations, some of us were advocating that Northern Ireland should be granted the alternative vote system for Westminster elections as well. He and his right hon. Friend the then Prime Minister resisted that proposal, however.

[Mr MacNeil]

The crux of my hon. Friend’s argument is the instability that will be caused by the five-yearly boundary reviews. Does he feel that an opportunity was missed in Committee when the House rejected an amendment tabled by the hon. Member for Leeds North West (Greg Mulholland) that would have established reviews every 10 years? That would have brought greater stability for mainland Members who, rather than looking over their shoulder every five years, would have had some breathing space and a continuous constituency for at least one Parliament. Does my hon. Friend agree that, unfortunately, the other place might have to ride to the rescue of the Commons yet again?

[Mark Durkan]

Again, my hon. and Celtic colleague has spoken with great sense. Hon. Members will regret what they are doing with this Bill. They will find themselves living with the consequences, and comparing the boundary process with the Independent Parliamentary Standards Authority process.

[Mr Dai Havard (Merthyr Tydfil and Rhymney) (Lab)]

The uncertainty to which the hon. Gentleman alludes has particular resonance in Northern Ireland, and extraneous matter can fill many vacuums, as we have seen in the past. Does he not agree, however, that that uncertainty, coupled with a fixed-term Parliament, would not be good for democracy, because Members elected under such a system would be interested not in representing the people but in the next stage in the development of their own electoral process?

[Mark Durkan]

I thank my hon. Friend for that point. Like so many other hon. Members, he reinforces exactly the kind of malign scenario that will emerge as a result of the Bill. Boundary reviews will take place during the life of every Parliament, with an absence of local inquiries, if the Government get their way. Also, as we know from our discussions in Committee, the Secretaries of State will be able to make modifications when laying reports. Boundary commissions will consult first on one report, then on another. The third report will then be final, but the Secretary of State may lay it with modifications.

[Kevin Brennan]

Does my hon. Friend agree that an unforeseen consequence of this electoral hokey cokey, with villages and communities coming in and out of constituencies every five years, could be competition for additional casework between Members of Parliament, as happens under the additional Member system? It would be utterly unhealthy if a Member of Parliament were seeking to represent the area that he would be representing in the next Parliament rather than his present one.

[Mark Durkan]

I note the hon. Gentleman’s point. I am not sure that the public would object to lots of local representatives working hard for them and their interests, but I understand the complication that he alludes to.

There is a glaring absence of any reference to the Northern Ireland Assembly in the Bill. We have not even been consulted or communicated with about the process. I have tabled amendments that deal with that. Whatever the Government’s attitude to all the other very worthy amendments, I ask them to bear in mind that they are in serious deficit in the attention that they are giving to Northern Ireland.

[Andrew George (St Ives) (LD)]

It is a pleasure to follow the hon. Member for Foyle (Mark Durkan), who makes a case for which I have a great deal of sympathy. I should like to express the great frustration of hon. Members representing Cornwall and the Isles of Scilly that we have not had an opportunity to advance the voice of, and the case for, Cornwall in debates on a Bill that will have a significant impact on Cornwall and its future. We should really have had such an opportunity before but, because of the arcane way in which we still manage our business in the House, we are left with the clock ticking away, and with very little time to make our case. As my hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso) said earlier, this is a clash between two principles. The first is that of equalisation, and no one could properly argue against that. However, we must also consider the important principle of respecting tradition, history and geography.

I draw attention to my amendments 196 and 4. One deals with the principle of discretion for the Boundary Commission to apply not just to Cornwall, but to other places, too. Sometimes people are not aware of the potential consequences that flow from their own community, their own identity and their own place. It is important to have an amendment that provides the Boundary Commission with a great deal more discretion. The other amendment deals with the historic and essential boundary of Cornwall, the integrity of which must be respected and protected.

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[Mrs Laing]

I see the hon. Gentleman’s point. However, the logic and arithmetic of that is that it does of course happen, but it pretty well cancels itself out from one constituency to the next. People often, for various reasons and quite legitimately, register in more than one place, but the fact that it happens all over the country cancels it out.

[Mark Durkan]

Will the hon. Lady give way?

[Mrs Laing]

No, I cannot prolong this part of the debate. I am aware that there is very little time and there are a lot of matters to be discussed.

All the other parts of this debate have been froth: the only thing that matters is that in a modern democracy every vote should have an equal value, and every Member of Parliament should come to this House with an equal number of constituents behind them.

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[Sadiq Khan]

This is what we call the respect agenda. I hope that when those in Scotland have seen the Bill rushed through, the way in which the debate has been stopped—the hon. Member for Epping Forest mentioned “truncated” contributions—and the number of MPs who have not been allowed to make a contribution, they will form their own judgment.

We do not want to stop being the envy of the democratic world, and I commend my amendment to the House. I ask those colleagues who are watching the debate in their rooms to do the right thing and support amendment 15.

[Mark Durkan]

I rise to speak to amendments 194 and 195. Before I address them specifically, however, I shall comment on one of the amendments tabled by members of the Select Committee, with which I have a fair degree of sympathy. I must express my slight reservation, however, about the wording of proposed new subsection A2(a) in amendment 205. I am worried that, by asking a boundary commission to publish the criteria it would use in the splitting of wards, we could end up inviting the commission to split wards more than we want. The Bill proposes that wards should not be split, and I think that most Members agree that local government boundaries should not be split. I am worried that that proposal could result in more wards being split than people would want. I would still support that amendment on a vote, however.

Amendment 195 deals with the Government resisting all attempts to keep local inquiries as a general option. Under my proposal, at least Northern Ireland would be allowed the option of holding a general regional inquiry in relation to all the seats in Northern Ireland. This proposal is a fall-back measure.

I want to make it clear that I absolutely support the amendments that would preserve the opportunity of holding local inquiries throughout the United Kingdom. The right hon. Member for Tooting (Sadiq Khan) made a powerful speech in support of preserving inquiries and their important role. I know that other colleagues will propose other amendments to preserve inquiries.

I thought that the hon. Member for Epping Forest (Mrs Laing) was quite disparaging about the role of inquiries, submissions and contributions to inquiries. First, where political parties make shallow, self-serving submissions about boundaries and where specious and spurious claims of local identity and local interests are made, there is no better way of exposing them than local inquiries. By their very nature, local inquiries expose, counter and introduce other realities.

The hon. Lady’s speech was about the rule of arithmetic, and I agree that this is what the Bill is about—the tyranny of arithmetic for boundaries in the future. She says that it does not matter. For her, traditions do not matter; local conditions do not matter; identity does not matter; community does not matter—it is all going to be driven by a numerical imperative that says “one size fits all” and nothing else can be considered. An official of the European Commission would be proud of that mindset. It is exactly the mindset that the hon. Lady usually criticises in the European Commission. As well as backing the “IPSA-fication” of boundaries in the future, she is now backing a European Commission standard that says, “No, we just deal in numerical arithmetic; we see only one size fitting all; we make no concession to local realities or local conditions.”

[Mrs Laing]

I rise to defend myself, because that is not at all what I said. On the contrary, communities and local traditions are very important. It is important to have a parish council representing a village and to have Cornishmen feeling Cornish and caring about Cornwall—nobody is changing Cornwall. It is very important to respect local history and the feelings of local communities. That is not reflected in the boundaries of parliamentary constituencies. There are many other ways in which those traditions and communities are respected, observed and upheld. It is not in the boundaries of parliamentary constituencies—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Interventions should be short, not a second speech.

[Mark Durkan]

Thank you, Madam Deputy Speaker. I take no responsibility for the possibility that the boundaries of interventions were exceeded there.

I would take the hon. Lady’s point if she had said that in her speech, but that was not the attitude she conveyed. Then, it was the numerical imperative that was going to achieve an equality that she believed overrode every other possible consideration, including those that she has just outlined. Boundary commissions have been able to ensure that these sorts of local considerations are brought to bear on the construct of parliamentary constituencies. In future, after this Bill, however, that is going to be hard.

I do not accept that we should lose the ability to have local inquiries in general as part of electoral reform, but my fall-back amendments are designed to protect the particular circumstances of Northern Ireland, where, as I said when speaking to earlier amendments, it needs to be borne in mind that the parliamentary constituencies are, by statute, also the constituencies for the Northern Ireland Assembly. Many of the issues that will come up as matters of local contention and perhaps even party political controversy will pertain as much to the Assembly constituencies as to other constituencies. Of course, the Northern Ireland Assembly is elected on the basis of proportional representation, which is meant to be about giving equal weight to votes, including those of minorities in particular Northern Ireland constituencies. That is part of the agreement. We want to ensure that, rather than decisions in Northern Ireland being driven by robotic computer-generated arithmetic suggesting boundaries that will secure the numbers that fit, a local regional inquiry can take account of the different interests—not just party interests, but civic and local community interests.

[Mr MacNeil]

Is the hon. Gentleman suggesting—and all of us in the islands must bear this in mind—that there will be a particularly destabilising effect on Northern Irish society? We know what a destabilising effect on Northern Irish society might mean. Is that the main cause of his concern?

[Mark Durkan]

I do not want to dwell on this, because I spoke about it in the context of an earlier amendment, but we should bear in mind that the boundaries will be revised in every single Parliament and Assembly as a result of the Bill. Given the way in which the seats will be distributed in the various parts of the United Kingdom, the chances are that the number of seats in Northern Ireland will fall following one boundary review, rise following the next, and then fall again.

The unsettling nature of the reviews will affect Assembly and parliamentary constituencies. A computer will say, “This is what we have to do,” and it is possible that constituencies will receive the word that the computer says that there must be a reduction from 15 to 14 following the next boundary review. That will be hugely destabilising, and people will feel frustrated when they are told, “Sorry, this pays no regard to the Northern Ireland Assembly.” Another of my amendments, in a subsequent group, would enable the Speaker of the Assembly to be notified formally of all the workings of the boundary commissions. That would make at least some acknowledgement of the impact on the Assembly, which is completely absent from the Bill.

I believe that if the Government are refusing to allow local inquiries elsewhere—and they should not do that—they should at least allow, as a fall-back, a general inquiry in Northern Ireland that will take account of its particular circumstances. I will support any and all amendments that defend local inquiries.

I ask Members to bear my amendment in mind; I ask the Government to continue to acknowledge that there is a deficit in the consideration that they have given to Northern Ireland in the Bill, and to be ready to make up for that deficit.

[Mr George Howarth]

It is a great pleasure to follow my hon. Friend the Member for Foyle (Mark Durkan), who always speaks with a deep understanding of Northern Ireland, with a great passion for Northern Ireland, and, of course, with eloquence.

I was elected in a by-election in 1986 to represent a constituency that was then known as Knowsley, North. I represented Knowsley, North in the House until 1997. Following earlier boundary changes—a public inquiry had been held before the boundaries were finally fixed—I ended up representing a constituency known as Knowsley, North and Sefton, East. I represented Knowsley, North and Sefton, East for 13 years. In the meantime, the boundary commissioner came along again, and I now represent a constituency known as Knowsley. I therefore speak as one who has experienced dramatic boundary changes in my constituency on two occasions.

I think it instructive to examine what happened on both those occasions. On the first occasion, when the boundary commission proposed that the Knowsley, North constituency should be coupled with Sefton, East, a public inquiry was held. Different views were expressed on either side of the boundary about what was and what was not appropriate. People had their say. I attended the inquiry on more than one occasion, and heard the debates about what links existed between the two constituencies.

Two facts emerged that tipped the balance. The first was that a large number of people living in the Sefton, East part of what subsequently became the Knowsley, North and Sefton, East constituency worked in Knowsley, which was an industrial area. The second was that many people travelled between the two areas for leisure purposes.

The leisure centre in Kirkby, which was in the old Knowsley, North constituency, was heavily used by people from Maghull, Aintree and Melling, so a link was established, but it would never have been established—nobody would have even checked the statistics on this—unless there had been a public inquiry. In the end, the original Boundary Commission proposals stood and the new constituency was formed; it became a parliamentary seat at the 1997 general election.

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[Mr Heath]

No, I have got to make progress.

The third reason for abolishing inquiries is that they rarely lead to significant changes in recommendations. The statistics that are often prayed in aid of local inquiries usually group together many different constituencies and include changes solely to the names of constituencies, to inflate the figure of the proportion that lead to change. The truth, as Professor Johnston told the Political and Constitutional Reform Committee, is:

“Public inquiries often have no impact.”

The changes are frequently minor. For example, at the time of the fifth general review in England, only 2% of wards in counties where inquiries were held were moved between constituencies as a result.

What the Bill does—[Interruption.] No, let us deal with what the Bill actually does. It improves the process of public consultation, so that the public will be better able to have their say on proposals. That is why we are extending the period for representations on proposals from one month to three. Where a boundary commission revises proposed recommendations, the period of consultation on the revised proposals will be the same.

In making that decision, the Government have considered the approach taken in other nations. We looked at the example of Australia, which has a 28-day consultation period for proposed recommendations, followed by 14 days for comments. The Government propose a longer consultation period of three months.

[Mark Durkan]

The Deputy Leader has said that where a boundary commission reviews its recommendations, they will be subject to a further period of consultation, but a second revision will be final, and there will be no consultation. An appeal will involve people turning to the Secretary of State, who may, under the Bill, prepare an Order in Council with or without modification. The Secretary of State can therefore change things, but the public cannot appeal.

[Mr Heath]

I would answer the hon. Gentleman in two ways, and I know that he takes a serious interest in these matters. The second inquiry, as he puts it, does not happen now. Once a boundary commission makes its final conclusions, that is the end of the story—and there has to be an end to the process. In the Bill, we are establishing a longer and more thorough process of consultation, all of which will be in the open, rather than in secret, because it will all be published and available for people to see. That is a fairer way of doing things than having highly paid QCs representing two big parties simply making partisan points in front of an assistant commissioner.