Parliamentary Voting System and Constituencies Bill

Mark Durkan Excerpts

Wednesday 20th October 2010 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

We have had 51 speakers—or rather, 52, counting the Deputy Leader of the House, who has just spoken. Despite his rather petulant and “ad hominate” speech last night, we have none the less had a good debate. He did, however, correctly excoriate me for not fully adumbrating the amendments that we tabled. That was partly because I took 31 interventions, more than half of which were from Government Members, but perhaps it would be of assistance if I were now to explain precisely why our two amendments are important.

The Deputy Leader of the House was quite right last night to say that our two amendments, 127 and 135, which refer to different parts of the Bill, are not necessarily readily comprehensible at first sight—partly because one refers to clause 8 and the other to clause 16. Both appear at different points in the amendment paper. Consequently, Members will have to turn to pages 429 and 445 to find them.

Amendment 127 would include in clause 8 the words

“within twelve months of part 2 of the…Act…coming into force in accordance with section 16(2) thereof’.”

In other words, the Boundary Commission would produce its report within 12 months of an addition to clause 16(2), which we would insert through amendment 135, stating,

“after the referendum on the determination of powers devolved to the National Assembly for Wales under the terms of the Government of Wales Act 2006”.

The Deputy Leader of the House rightly told me off last night for not explaining precisely why we believe that that is important. As I tried to say in yesterday’s debate, historically, we have constructed Parliament in this country by determination according to the four different constituent parts of the Union. That has included the representation that each part requires in order for the Union to be solid and hold together, which is precisely what happened in the 1536 Act of Union, the 1707 Act of Union and the 1801 Act of Union. With all three, the first thing determined was how much representation there should be from Wales, Scotland and Ireland. Obviously, that was subsequently changed with the creation of the Irish Free State.

The further change to Scottish representation occurred when we introduced devolution, so, following the Scotland Act 1998, it was agreed that because a variety of powers would be given to the Scottish Parliament, it was right and proper for the number of seats that Scotland accounted for in the Westminster Parliament to be reduced.

The first referendum in Wales on devolution brought about the creation of the National Assembly for Wales, which does not have law-making powers or enjoy any powers over crime, justice or policing, so it is a somewhat different body from the Scottish Parliament. However, there is a proposition that follows on from the Wales Act 2006, and it will be tested in a referendum, which the Government have said will take place in the first quarter of next year, but for which as yet no date has been set. The Welsh Assembly Government have requested that it should be on 3 March, but the Secretary of State for Wales has not yet assented to that. We do not know whether a date has been agreed or whether the referendum will proceed. The date of 3 March may well be problematic, as—how can I put it?—it sometimes rains in Wales in March. Sometimes we have fairly excessive conditions in large parts of Wales at the beginning of March, so the date may well end up being inappropriate.

However, be that as it may, we need to be assured of what powers the Welsh Assembly will have if we are then to have a coherent Union-based understanding of how much representation there should be from Wales in the Parliament of the United Kingdom of Great Britain and Northern Ireland. That is why we have tabled the two amendments, and I shall press them to a Division, because I have not heard anything from the Deputy Leader of the House to alter my opinion that we should proceed on a Union-based understanding of how we create this House, not on a purely mathematically based assumption.

[Mark Durkan (Foyle) (SDLP)]

Further to that point, does my hon. Friend recognise that because of the arithmetical formula, the Bill will ensure not just that boundaries will change every five years, but that the number of seats allocated to each Boundary Commission could change? The number of seats in Northern Ireland could go up in one review and down in another, and that in turn would affect the seats in the Northern Ireland Assembly, because the constituencies of the Assembly and of Parliament are absolutely coterminous. The proposal will create havoc.

[Chris Bryant]

The seats in the Welsh Assembly are coterminous with those for this Parliament at the moment, although there is a provision later in the Bill to change that through decoupling. That is something that we must analyse. My hon. Friend is right that there may be a change in the number of seats between each segment. If there is a boundary review every five years, there might well be a change in the number of seats, and in the end I am not sure whether that is likely to lead to a more stable constitutional settlement between the four constituent parts of the Union.

There are those who like to think that there is just the Union, not any constituent parts, and there are those who want to think that there are just the constituent parts—which should not be constituent parts but independent. However, I believe that they are constituent parts of the whole, and I say gently to Ministers that the way in which they are proceeding in relation to some parts of the Union is not likely to aid the Unionist cause. It will be detrimental.

We do not say that the provision in our amendments should be introduced solely if the referendum is successful in granting further powers to the Assembly.

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[Sheila Gilmore (Edinburgh East) (Lab)]

As a member of the Political and Constitutional Reform Committee, I am disappointed to find that a measure with cross-party support on the Committee—we all agreed to it—has not been accepted as a good piece of advice on amending a Bill which did not have the pre-legislative scrutiny that might have incorporated such a provision in the first place. Indeed, that is why we have such bodies as Select Committees. They exist to ensure, in an atmosphere that is not adversarial, a greater depth of debate than has been possible even in our debates on the Bill over the past couple of days and today. All Select Committee members felt that, as a safeguard, the amendment was a reasonable way to progress, and, if Ministers have no intention of making unreasonable modifications, they have nothing to lose from accepting such a provision.

The hon. Member for Epping Forest (Mrs Laing) said that she had no concerns about her Government using such powers. We might think differently, but equally she might think differently if there were a change of Government. From the perspective of our discussions in the Committee, the measure simply represented a safeguard that accounts for the fact that the whole procedure has changed. We know that the provision in the Bill is very similar, so we are not ignoring it, but the amendment was agreed to in the wider context of a debate about how we carry out such boundary changes, and the fact that public inquiries will not take place. We wanted to ensure that things could not be altered at the last minute in an unsatisfactory way that cut across whatever public consultation there had been throughout the process.

With many aspects of the Bill, we have forgotten the underlying reason for wanting to legislate on the constitution. I remember the Deputy Prime Minister, when he introduced this constitutional programme, saying that he wanted to overcome the distrust in politics and the fact that people appeared to have lost faith in politics and politicians, and that he felt that the constitutional changes would improve the situation. Having listened to some of last night’s debate, I think it very important that we bear that test in mind when we consider the provision before us. We should ask ourselves, “Do these various detailed provisions improve that trust or detract from it?” The amendment would be a small and fairly technical provision that went some way to meeting that test. I commend it to the Minister and hope that it might be accepted.

[Mark Durkan]

The amendment would represent a very important reassurance, because the Minister would not be able to make highly arbitrary and subjective judgments on any modifications that were introduced. As my hon. Friends have pointed out, we are being asked to consider a situation in which, in every Parliament, there will be a boundary review in respect of the next Parliament. That means that in each Parliament, and in each Government, the relevant Minister will in effect have his or her hands on a boundary review. That fundamentally changes the political nature of the operation, and it might be abused. I am thinking not only of one party against another; it could be abused within a party. It could become yet another of the Whips’ weapons against recalcitrant Government Members—they could say, “Look, we can redistrict you.” That is what has happened in the United States. We find many former members of Congress who say that they were blatantly redistricted by their own parties because they did not fit or did not particularly toe the line. We have seen that happen in various states.

The arrangements provided in the Bill are pregnant with the possibility of abuse or accusations of abuse. The parliamentary process needs to be protected from that. The House has made a mistake in accepting boundary reviews every five years rather than every 10 years. That means that every Parliament will be affected and infected by the issue and the controversy around it. If Ministers want to be free from that, they should agree to the amendment.

[Mr Heath]

I am extremely grateful to the hon. Member for Epping Forest (Mrs Laing) for moving the amendment. I give my best wishes—and, I am sure, those of the whole Committee—to the Chairman of the Political and Constitutional Reform Committee, who would normally have been here to speak about its proposals.

We have had a short and helpful debate. The hon. Member for Rhondda (Chris Bryant) has told us about the derivation of the word “gerrymander” again; hopefully, we will hear that each day this Committee sits. It worries me when the hon. Gentleman talks about due process: the more he talks about it—and it is not the issue before us at this stage—the more I think he does not know what it means. We will come back to that later.

The hon. Member for Edinburgh East (Sheila Gilmore) assumed a position on the part of the Government without knowing what it was. I suggest to her that that is not a sensible way to go forward; that is meant to be helpful. We are grateful to her.

The hon. Member for Foyle (Mark Durkan) got the tone exactly right. There is an issue, and we understand that. The amendment would allow the Order in Council laid before Parliament to give effect to the boundary commissions’ recommendations with modifications only if the commissions were content with the changes made. As we have heard, the existing legislation does not have a restriction on modification such as that proposed by the amendment. The Bill simply preserves that power.

There is no record of that power ever having been used. There was an instance in which a Government urged Parliament to reject boundary commission proposals in toto rather than modify them, and some would suggest that that in itself was an abuse, but a Government have never urged Parliament to modify such proposals, so there is no history on the issue. However, I entirely understand the desire expressed by the Political and Constitutional Reform Committee to ensure the independence of the boundary commissions and see that their work is not modified for partisan reasons by any Government.

I say to the hon. Member for Epping Forest that the Government would like to consider the matter in more detail. There might be a situation in which, for the timely implementation of the boundary commission’s recommendations, any unintended errors in the reports would need to be corrected in the Order in Council. We would want to consider carefully how any such restriction on the power to include modifications in the Order in Council might work.

There may be a technical defect in what the Political and Constitutional Reform Committee has brought forward. That is not a criticism of its work. The amendment appears to require all four boundary commissions to agree to any modification, rather than the relevant commission or commissions for the part or parts of the United Kingdom where the modification is being made. We may have to look at how the amendment is cast.

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[Austin Mitchell]

My hon. Friend is exactly right. Many of the ideas that I raised, the questions that I have asked and the things that I have debated in Westminster Hall come from constituents and constituency problems. That is the nature of democracy—that is how it has to be. We have to face the fact that the state is interacting with people and imposing things on them more than ever before.

Let us look at the flood of problems that we have had with the Child Support Agency, and the fact that a special hotline has had to be created for MPs, so that they can get through to Belfast and have incomprehensible conversations. [Interruption.] I appreciate the difficulties that the constituents of my hon. Friend the Member for Foyle (Mark Durkan) face doing that kind of job—if I could make it easier, I would—but it creates an enormous amount of extra work for us. The same is true of tax credits, which are extremely complex. There is all that interaction, and believe me, Ms Primarolo, there will be a lot more interaction as a result of the cuts announced today, as people come to us with problems to do with benefits, invalidity and cutting off job support. That is going to create a lot more work for us in our constituencies and a lot more work in our surgeries.

[Mark Durkan]

I just want to reinforce my hon. Friend’s point. He has to ring Belfast about CSA cases, but he is not the only Member who has to ring people in remote parts who know nothing of the situations that we are dealing with. We in Northern Ireland experience that regularly when we deal with tax credits. In fairness, the conversations that we have with Frank in Preston are comprehensible; it is the other officials who are the problem.

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[Mrs Laing]

I agree in principle with everything the hon. Lady says, but I would argue that three years is quite sufficient time for the Boundary Commission to undertake the task before it. The decision on the principle of the work going ahead can be taken in the Chamber over these few weeks of discussions on the Bill, and three years is quite long enough for the commission to do its work. The hon. Lady agrees with me on the principle of equalisation. Once a principle is established, it ought to be put into practice as soon as possible. Three years is plenty of time.

[Mark Durkan]

The hon. Lady says that 600 is a reasonable figure in the same way that the Independent Parliamentary Standards Authority asserts that the figures it comes up with are reasonable. The problem is the rigid application of that reasonable figure, which will give rise to all sorts of problems and contradictions for which this House will be blamed.

[Mrs Laing]

I have been insulted many times in this Chamber, but I have never, ever been compared with IPSA before. I entirely disagree with the hon. Gentleman. There is proper consultation. Opposition Members speak as if the Boundary Commission is not involved in the process, but it is, and it has three years to do its job. It is perfectly capable of doing that job. The resources are in place and there is no problem.

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[Stephen Williams]

Then there is the state commissioner of the county of Ingham, and then there are all the judges to be elected: two judges for the Supreme Court, one for the court of appeals, and the incumbent and non-incumbent circuit judges for the 30th district. There are also a number of state propositions like the referendum that we are discussing.

There will not be elections for all the officers and elected representatives on 4 November this year. There will be no elections for Lansing or East Lansing local councillors, for a directly elected mayor or a directly elected sheriff, or for the two United States Senators who could represent the people from the state of Michigan; and, of course, there will no election for the President or Vice-President, or for all the appointed politicians who help to run Michigan and the United States.

It is clear that a person living in Michigan could potentially turn to a huge number of politicians, both elected and appointed, to resolve their problems. In my city of Bristol, however, there are only three to whom electors can turn. If we are honest with ourselves, instead of worrying about the cost of politics we should admit that we actually do politics rather cheaply in this country. Rather than electing school boards, as they do in the United States, we have school governors—people who give their time freely to serve their communities. Rather than electing judges, we have either appointed judges or numerous magistrates who give their time freely as well.

A reduction to save costs does not seem justified to me, and it is not yet justified in the context of a wider package of constitutional reform both of this Parliament and of the way in which we govern our localities. I look to the Deputy Leader of the House for assurances that we will be given a comprehensive package of political reform to put this reduction into a proper context.

[Mark Durkan]

Like other Members, I am keen for us to reach the next set of amendments, so I shall make only a couple of points.

Arguments are being presented about whether there should be 650 Members of Parliament or 600. The problem that I have with all the figures—including the 585 suggested by the hon. Member for Christchurch (Mr Chope) and the 500 from the hon. Member for St Ives (Andrew George)—is that they result in just one sum: one magic, supreme and absolute number. That means that when we take away the holy trinity of the three protected constituencies, the boundary commissions must come up with figures that add up to 597.

That will have to be done in Parliament after Parliament, all the while taking account of changes in the numbers registering in different parts of the country, which will force boundary changes in every one of the four constituent boundary commissions. If there is a significant registration increase in part of England, Northern Ireland could lose a seat in the next Parliament. If there is a drop somewhere else, however, we might gain a seat. In each Parliament, therefore, we will be up a seat, perhaps, and then down a seat. In Northern Ireland, that will mean the boundary review will affect every single seat.

That will be one of the consequences of moving to this absolute figure of 600 and 600 only with no elasticity. To repeat a point I made earlier to the hon. Member for Epping Forest (Mrs Laing), I predict that we will end up questioning whether we decided on the change with too much urgency and as a result were left with a fixed, arbitrary limit and the tyranny of arithmetic—the insistence that one size has to fit all in spite of the reality and all other considerations. That will mean that we will end up with an IPSA-type situation for boundaries. In Parliament after Parliament, MPs will regret that they are dogged by all sorts of fairly arbitrary boundary changes that are driven purely by arithmetic and perhaps dictated by registration changes somewhere else. People in many constituencies will wonder why they are constantly having to go through such changes because of something that is happening somewhere else.

Should the Committee insist on going for diktats that will result in reviews having to be conducted every time and arithmetic for establishing a quota for seats, would there not be merit in amendment 228 tabled by the hon. Member for Cleethorpes (Martin Vickers), which takes 600 as a target figure but allows a margin of accommodation to the boundary commissions so that there can be as few as 588 seats and no more than 612? That margin of consideration would at least allow the boundary commissions to take account of the issues and pressures facing them. Under clause 10, the number of seats allocated to them will be fixed under the Sainte-Laguë formula.

Already the Government recognise that the absolute figure of 600—and all the other aspects of the Bill—cannot be fully applied in respect of Northern Ireland, so they have had to say that in Northern Ireland the seats can vary more widely than the 5% either side of the UK quota. Therefore, we can come in at lower than 5% or over 5%, so our constituencies can be more disparate. That proves that the hon. Member for Epping Forest is wrong in saying that there are no adverse consequences and that the rigid application will not be a problem. The Bill admits that the rigid application is a problem, and it means that Northern Ireland will not be getting equal constituencies. We will have much more disparate constituencies as compared with other parts of the UK. More importantly, we will have much more disparate constituencies in the Northern Ireland Assembly, for which there are six Members. Therefore, disparity of representation and of mandate will arise in, of all places, Northern Ireland and Northern Ireland only. That was not what was intended when this House, as well as everybody else, supported the Good Friday agreement and its provisions.

I therefore ask the Government to consider the very sensible recommendation in amendment 228. Its sister amendment 227 does not accommodate the situation in Northern Ireland, because it allows only a 2% margin of discretion. It should allow for at least 2% or at least one seat. If that could be inserted in the Bill, it would help.

[Gavin Barwell]

I want to start by agreeing with the hon. Member for Stoke-on-Trent Central (Tristram Hunt) who, unfortunately, has left the Chamber. He made the point that there is an irony in the positions that the different parties are taking. The Conservative party is making the progressive argument for greater electoral equality, while Labour is arguing the case for greater adherence to traditional community boundaries. One thinks back to 1982 when Michael Foot, then leader of the Labour party, and the Labour Chief Whip took the Boundary Commission to the courts because it had not crossed community boundaries and had not, in Labour’s view at that time, achieved sufficient electoral equality. For the benefit of my hon. Friend the Member for St Austell and Newquay (Stephen Gilbert), I shall make four short points about the arguments advanced in favour of these amendments.

We have been asked, first, why we should reduce the number of seats. I can speak only for myself and describe why I shall be voting for such a reduction. I was a candidate during the MPs’ expenses scandal and I carried out a survey of every elector in my constituency. I put to them proposals from all three political parties about things that could be done to improve our political system and found that the second most popular was that the number of MPs should be reduced. [Hon. Members: “To what?”] At the time, I proposed a 10% reduction; that was the figure in our manifesto and I would happily have supported it.

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[Mark Durkan]

The Deputy Leader of the House told us that the figure of 600 was arbitrary. He has still not explained why an arbitrary figure has to be fixed in statute in perpetuity. If this is about creating equality between the component parts of the UK, why does the Bill say that constituencies in Northern Ireland can vary more widely, both among themselves and in comparison with constituencies elsewhere, than those anywhere else? That does not achieve what he says the Bill is supposed to achieve.

[Mr Heath]

We will have to differ on that specific point. I believe that what is proposed provides for a high level of equalisation across the whole United Kingdom. It is based on what is equitable for our constituents.

I return to the point about an incremental reduction, which was raised by one other hon. Member. I should like to make it clear that the issue was considered in the Political and Constitutional Reform Committee, and the secretary of the Boundary Commission for England reported that there would be no particular advantage to making the change incrementally. The commission also said that it had both the resources to carry out the review and sufficient time, before the deadline for submitting reports on 1 October 2013, to draw up constituencies for a House of 600 at the review. The suggestion that that is impossible to achieve in the time scale that we propose is not substantiated.

The Government’s proposals strike the right balance. They will end once and for all the fluctuation in the size of the House and the upward pressure on the number of MPs under the current legislation, and propose a modest reduction in overall numbers, which will cut the cost of politics, but do so in a way that will not result in constituencies that represent a departure from the type that we see in this Parliament. I hope that right hon. and hon. Members will feel able to withdraw their amendments and support the Government’s position.