Succession to the Crown Bill

Debate between Mark Durkan and Kevin Brennan

Tuesday 22nd January 2013 Commons Chamber

[Mark Durkan]

That would be very helpful, because the problem is that clause 3(1) reads as though it could be an ouster for clause 2(1); the joker still rests with a future monarch to refuse marriage on the grounds I have set out. Of course other issues might arise, and this provision would be the subject of all sorts of conjecture and speculation. The Government would therefore want to clarify it where they can, if not today, at least on a future occasion.

In this stand part debate, I would like the Minister to address one other area, which has not yet been raised. The Bill refers solely to marriage and does not mention civil partnership. I therefore take it that somebody would not be barred from having their place in the line of succession if they had a civil partnership, with or without the consent of the sovereign. The provision specifically refers exclusively to marriage, so will the Minister clarify that it would not present an issue in respect of a civil partnership? Such a partnership might raise its own issues for the Churches, particularly the Church of England. I wonder why the Government specifically refer to marriage, because most other bits of legislation that refer to marriage also refer to civil partnership.

[Kevin Brennan]

Would it not have been more sensible, in this constitutional monarchy of ours—no matter what one thinks of that as a system of government—for the person succeeding to the throne to be determined either by God, through the accident of birth, or through Parliament? It should not be determined by the caprice of the monarch.

[Mark Durkan]

I thank the hon. Gentleman for speaking up for God as well as for Parliament. His point again raises some of the issues that we have been dealing with today and the difficulties we find when we get into the constitutional fineries, particularly those of an unwritten constitution.

Let me return to the issue of civil partnerships and why the Bill contains no reference to them. I remind the Minister that equal marriage legislation will be coming before the House, and many hon. Members will be tabling and supporting amendments that would also seek to have opportunities in respect of civil partnerships. They may propose that civil partnerships would no longer be restricted as an option only for same-sex couples, but would be open for other people to register their loving relationship, so that couples of either type would have an equal choice between the rite of marriage and civil partnership. That equal marriage legislation might be amended so that civil partnerships could end up being available to people of different sexes, and therefore children would issue from those, too. So again the question arises: why do this Bill and this clause refer only to consent for marriage, and not consent for civil partnership?

Parliamentary Voting System and Constituencies Bill

Debate between Mark Durkan and Kevin Brennan

Tuesday 2nd November 2010 Commons Chamber

[Kevin Brennan]

We have found out what respect means to the hon. Lady. For me it means having mutual respect, and when the previous Administration offered devolved government to people in England, they turned it down. It is a matter of respect that if people in England do not want devolved government, that is a matter for them. My point is that the Prime Minister took the trouble to visit the capitals of Wales and Scotland, as well as Belfast, to talk to the devolved Administrations. He promised a relationship of respect, despite the fact that the Conservative party was originally vehemently opposed to devolution, and said that things had changed and the relationship was new. However, because of the needs of he who shall not be named, the Government had to abandon that respect agenda and provide for the combination of polls.

[Mark Durkan]

I thank my hon. Friend for emphasising the principles of the respect agenda concerning the devolved Administrations, but it should also apply to this Chamber. Is it not odd to have a Deputy Prime Minister who relies on deputies to appear in the Chamber more than he does?

[Kevin Brennan]

I fear that I will test your patience, Mr Deputy Speaker, if I make a further reference to he who shall not be named, but clearly my hon. Friend is absolutely correct. My point, Mr Deputy Prime Minister—I mean Mr Deputy Speaker; that was a Freudian slip, and he shall be named after all. My point, Mr Deputy Speaker, is that many Labour Members are favourably inclined towards electoral reform, but others are not. Many of us would have looked forward to the opportunity—it was in our manifesto—of putting the question to the British people and allowing them to decide in a clean, clear referendum for which that was the sole focus of the discussion. That could easily have happened, and that is exactly what should have happened.

As that did not happen, many of us who are favourably inclined towards electoral reform are severely demotivated in terms of putting our weight behind what seems to be a venture with no respect for those of us who might support that agenda. That may suit many hon. Members on both sides of the House who do not agree with electoral reform, but I think it is a terrible shame, because we will all devote our energy to the important national elections in the devolved Administrations, and the referendum will be ignored during those elections. I shall vote in favour of the alternative vote in the referendum, but I fear that it will be lost. Boy, won’t that be awkward for he who must not be named!

Parliamentary Voting System and Constituencies Bill

Debate between Mark Durkan and Kevin Brennan

Monday 1st November 2010 Commons Chamber

[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.

--- Later in debate ---

[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.