Citizens Convention on Democracy

Debate between Mark Durkan and Chris Skidmore

Wednesday 20th July 2016 Westminster Hall

[The Parliamentary Secretary, Cabinet Office (Chris Skidmore)]

I congratulate the hon. Member for Nottingham North (Mr Allen) on securing time for this debate, which comes at a very significant time for this country. Indeed, I am delighted to make my ministerial maiden speech in Westminster Hall; it is an honour to be here. I pay tribute to my predecessor, my hon. Friend the Member for Weston-super-Mare (John Penrose), who did an excellent job in office and whose dedication to constitutional affairs was evident today in his speech on the ten-minute rule Bill proposed by the hon. Member for Brighton, Pavilion (Caroline Lucas).

The events of the past few weeks have provoked much discussion of the UK’s constitutional arrangements. I welcome that discussion and the wide-ranging contribution that hon. Members have made throughout this debate. The UK’s constitution is constantly evolving. It is right that there is debate and discussion as it evolves, and the hon. Member for Nottingham North has been at the forefront of ensuring that that happens. Only a few months ago, he introduced a private Member’s Bill for a constitutional convention. I thank him for this further opportunity to debate these vital issues and I put on record my gratitude to the hon. Members for Foyle (Mark Durkan), for Liverpool, West Derby (Stephen Twigg), for Edinburgh East (Tommy Sheppard) and for Wansbeck (Ian Lavery) for their contributions. I am only on my third day in the job, but I have listened intently to everything they have had to say.

I am coming to the realisation that constitutional debates tend to be fairly wide-ranging. Nevertheless, when we look at what has been said, almost all major parties think it extremely encouraging that we have that representation. We may not agree on everything, but one thing we can agree on is a greater level of democratic engagement. Indeed, one of my driving priorities as a new Minister will be to encourage that engagement wherever possible. I was heartened by what the hon. Member for Nottingham North said about cross-party working—indeed, these matters are too important not to work on on a cross-party basis—and I have noted the contents of the letter he read out in his opening statement. However, while we can have cross-party agreement on engagement, the Government disagree on the means of delivering it. As the hon. Gentleman knows, the Government have no plans to establish a convention on democracy. We believe that the evolving nature of the UK’s constitution means that it is ultimately unsuited to a convention.

The UK constitution is characterised by pragmatism and an ability to adapt to circumstances. That arrangement has delivered a stable democracy by progressively adapting to changing realities. I fear that a static convention that decided on constitutional matters once and for all would not fit with the tradition of evolving and adapting in line with people’s expectations and needs. The hon. Member for Liverpool, West Derby mentioned other precedents of constitutional conventions in Ireland, Iceland and Ontario. However, those international examples highlight how countries that have gone down that route have found the entire process challenging. The hon. Member for Nottingham North mentioned that it is a lengthy process, but it is important that we learn from what has happened in other countries. The recommendations of the conventions in British Columbia and Ontario were rejected when they were put to the public in referendums. In Ireland, of the 18 recommendations made by the Irish constitutional convention, only two were put to a referendum and only one passed.

[Mark Durkan]

Yes, only two recommendations were put to a referendum and one passed, but more are to follow. The Government said that the country could not have a referendum on all the issues at once, but other referendums are to follow, including on extending the vote in presidential elections to the Irish diaspora.

[Chris Skidmore]

I thank the hon. Gentleman for that intervention. What he says is important and relates to the fact that the discussion of constitutional matters is a process in which we have to take the confidence of the people with us. I fear that if certain expectations are put down or if findings are not immediately delivered— the hon. Member for Nottingham North mentioned a convention’s findings being adapted wholesale—we will run into difficulties.

Let us look at other countries. In Iceland, where a more wide-ranging constitutional convention was undertaken, all six of the proposals were passed, but they were not taken forward by successive Governments. That is another issue with the binding nature of constitutional conventions that highlights one of our key concerns with such proposals: they often fail to deliver their intended result.

I want to put on record that the Government do not believe that exercises of engagement are a bad thing. They are laudable endeavours to engage the public in a discussion on the constitutional principles that underpin a country. In particular, I recognise the concerted and sustained effort of the hon. Member for Nottingham North to keep constitutional reform at the top of the agenda. He is a dedicated campaigner who is respected on both sides of the House and whose work on early intervention has ultimately resulted in a change in Government policy. I wish him the best with what he is trying to do. As Chair of the Political and Constitutional Reform Committee, he oversaw numerous inquiries into constitutional issues, including constitutional conventions. As I said, any initiative designed to promote engagement is welcome. Having exhausted all avenues in Westminster, there is nothing to stop him personally reaching wider afield, beyond the walls of this austere building—any private endeavour that raises public participation is surely to be welcomed as a good thing. However, I must set out some concerns about the proposals as they stand.

One of the key problems with national constitutional conventions is that ultimately it is very difficult to engage those who are not already engaged. The people who should be participating are exactly those who do not respond to the invitations. As a Government, our focus must be on ensuring that everyone who is eligible to vote in polls is able to do so. We have already made great progress, but there is more to do. We are working with the Electoral Commission, civil society organisations and local authorities to reach communities who are not represented on the electoral register. Online registration has made it easier to register to vote, and we have seen record levels of registration in recent months. Data collected from the 382 local voting areas show that the provisional size of the UK and Gibraltar electorate now stands at a UK record 46.5 million.

The hon. Member for Nottingham North mentioned a “flash of hope”. With the record levels of engagement we are seeing post the referendum, that flash of hope is to continue that engagement. Amid all the constitutional discussions about the franchise, my overriding priority as a new Minister will be to reach out to the disfranchised who are already eligible to vote but who remain invisible from public participation. It is that challenge—one we have to take as seriously as an unacceptable inequality as we do educational underachievement or social deprivation —that I intend to make my focus.

[Chris Skidmore]

I remember very well, when I had first become a Member of Parliament, debating with the hon. Gentleman, when he was shadow Education Secretary, about his excellent record as an Education Minister in the previous Government. It is understandable that he is passionate about education, and I do believe it is key. Citizenship as a subject in schools is important. Education will be vital, but aside from what happens in schools, we have to reach out into those communities—those black spots. We can break down the data to understand where people are not registering to vote, and that is where I want to focus. We have reached an ultimate high, with registration at around 83%—in the mid-80s—but we can go further. We may not reach 100%, but the challenge now is to up our game and get to the last 10%. To do so, we must reach into the most deprived communities in the country.

Members asked about the devolved nations. Now more than ever, the Government must focus on getting on with delivering a fair and balanced constitutional settlement for people across the UK, as promised. Our unique constitutional arrangements enable agility and responsiveness to the wishes of our citizens. We in Government believe that those wishes are clear: a desire to be part of a strong and successful Union that recognises and values the unique nature of each of our nations. Although the Government do not believe that now is the right time for a constitutional convention, it is none the less clear that we must continue to deliver on our commitments to a coherent constitutional settlement that provides fairness, opportunity and a voice for all.

Many Members raised the issue of devolved representation. The Government are absolutely committed to ensuring that the devolved Governments should be fully engaged as we take vital decisions about the future of the United Kingdom. The Prime Minister’s visits to Scotland last week and to Wales on Monday are clear examples of our immediate commitment to do so. We must continue to protect and advance the needs of all people in the United Kingdom. As we do so, the Government will continue to deliver on their commitment to provide further devolution and decentralisation to the nations and regions of the United Kingdom. We are creating some of the most powerful devolved legislatures in the world, and we are also devolving greater powers away from Whitehall to the cities and regions, driving local growth in areas that have strong governance and the capacity to deliver.

[Mark Durkan]

Before the Minister moves on from the point about the devolved territories, do the Government recognise that the settlement in Northern Ireland rests not on the concession of devolution from Westminster but on the express consent of people in Ireland, north and south, when they voted for the institutions of the Good Friday agreement, as reflected in the Irish constitution as well? At times, it seems like devolution is seen as just a gift from Westminster and people do not understand the integrity of the democratic institutions in Ireland.

[Chris Skidmore]

The establishment of the Good Friday agreement in the late 20th and early 21st centuries was one of the most important constitutional changes we have seen. We have to give credit to the previous Labour Administration, and the Conservative Administration before that, for coming up with that settlement—

[Mark Durkan]

The people of Ireland had something to do with it too!

[Chris Skidmore]

Of course. That settlement proves the importance of laying aside differences and of people, whether from different parties or different countries, being able to work together. We will not get such agreements unless we not only spend a lengthy period being able to decide them, but put aside often bitter differences. When it comes to the discussion of any constitutional reform, nothing will happen without cross-party agreement, as the hon. Member for Nottingham North said. The Good Friday agreement clearly highlights the need for such discussions to be cross-nation and cross-party.

We do not believe that all the important changes that have so far taken place in the devolved nations, which were designed to hand power back to people, should be delayed by the establishment of a convention. What matters about the constitution is that it works and is flexible enough to adapt to political challenges, not that it has been neatly drawn up and is theoretically pure. Hence the Government are very much focused on making sure that the UK’s constitutional arrangements work for all our citizens, in a Union based on fairness, friendship and mutual respect.

In closing, I again welcome the intentions of the hon. Member for Nottingham North in making his proposal, which will help to inform and add to a rich debate on this issue. I wish him well, but I cannot undertake any commitment to Government involvement, financial or otherwise. As I have made clear, our immediate priority is on delivering the constitutional settlement we are committed to, but there will always be opportunity for debate and discussion in the House about the UK’s constitutional arrangements. I look forward to many more opportunities, I hope as Minister, to discuss and debate the constitutional matters that underpin this nation. Again, I congratulate the hon. Gentleman on securing this debate and thank him for allowing us to discuss these important matters.