Parliamentary Constituencies (Amendment) Bill (Twelfth sitting)

Mark Harper Excerpts

Committee Debate: 12th sitting: House of Commons
Wednesday 5th September 2018 Public Bill Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

I beg to move, That the Committee do now adjourn.

I welcome everyone back to the Committee. I hope that we have all had a good recess. We are back to Parliament and back to our regular sitting every Wednesday. Over the summer and in a number of hearings before then, we talked about how we can make things move forward. Ultimately, the key issue coming from the Government side was that they were keen to get the boundary review in, and I believe that that has happened, so perhaps the Minister can tell us now what the Government’s plan is. In what way do they want to move forward? Do they wish to have an immediate vote on the Boundary Commission’s report or not, and if, as we expect, the Government lose, what is the way forward? Perhaps there can be more clarity.

[Mr Mark Harper (Forest of Dean) (Con)]

It is very good to see you in the Chair after the summer recess, Ms Dorries, and to see colleagues back to discuss the Bill. I have just been reflecting—just looking at the motion to adjourn—on what we were talking about when we broke up for the summer, and it might be helpful if I update the Committee, having had a look at the information from the Boundary Commission for England. The commission set out—I think I referred to this before Parliament rose for the summer—that it planned to present its report to the Government on or around 5 September, and it confirmed that that would indeed be done today. It has made it clear that, because of what the law says, it is the Government who must lay that report before Parliament, so assuming that it delivers its report today, which it has confirmed it will, and the other boundary commissions do so, the Government will then at least be in a position to lay those reports before Parliament and to lay out an indication of the timetable.

For today’s purposes, I think it is a bit unrealistic and a bit unreasonable, given that the reports will have been received only today—they may not yet have actually been received—to expect the Minister to say anything at all today about timing; I therefore have no criticism at all of the Minister. But, clearly, after today the Government will at least be in a position to reflect on the reports and consider when to bring them forward. Whether or not the Minister sets that out in a future sitting of the Committee, I am sure that colleagues will ask the Leader of the House—I understand that the reports will be sent to her—about the timetable. That will then give us the opportunity to reflect on whether this Committee can make any further progress other than just discussing a motion to adjourn. I hope that that is helpful to the Committee.

[Alex Norris (Nottingham North) (Lab/Co-op)]

The right hon. Gentleman said that the report would go to the Leader of the House. My understanding is that it now goes to the Cabinet Office—that was changed last week—so it might be helpful if the Minister, in her reply, says how quickly the Cabinet Office intends to publish it or whether it intends to sit on it.

[Mr Harper]

Of course, as the hon. Gentleman knows, the Government are indivisible and all Ministers speak for the Government, so wherever the report ends up in Government, the Government collectively will be in a position to reflect on the contents and then set out the next steps. As I said, it would be unreasonable to expect the Minister to be able to do that today, not having had the chance to reflect on the report. She may be in a position to do so next week; I do not know. But even if she does not, the Leader of the House will no doubt be asked about the report, even if it is not specifically the Leader of the House who reflects on it. I think that I am right in saying, if it is indeed going to the Cabinet Office, that the senior Cabinet Office Minister, the Chancellor of the Duchy of Lancaster, has questions in the House next week, so it will be open to him or one of his team, in which my hon. Friend is a Minister, to answer those questions if they are put before them in the House. Therefore, in the not too distant future, we may have at least a little clarity about timing, which will then enable us to not have to keep coming here every week just to talk about the reports having been laid. We will be in more of a substantive position to go forward. I hope that is helpful to the Committee.

[Christian Matheson (City of Chester) (Lab)]

It is a great pleasure to see you in the chair once again, Ms Dorries. I was going to make some comments about it being a great pleasure to see members of the Committee back here, but in the light of your comments about my hon. Friend the Member for Coventry North East I will keep my comments more sombre. I was not aware that she had suffered a bereavement; I am very sorry to hear that, and I am grateful for your opening comments.

The right hon. Member for Forest of Dean was reflecting on the handing over today, and the imminent publication, of the current set of boundary proposals, based on the guidance that was given by the House and by this Government in previous years. My response—I wonder whether the Minister might consider this—is that, irrespective of what happens to that set of proposals, this Bill remains on the Order Paper. Irrespective of the fact that the House will either accept or reject the proposals that are to be handed over to the Cabinet Office today and then presented to the House at some point in the imminent future, this Bill still needs to be dealt with; it cannot simply continue to be stonewalled through the Government’s failure to introduce the appropriate money resolutions.

Can the Minister indicate in her response, if she chooses to respond to the Committee this morning, what plans the Government have to deal with this Bill? If this Parliament goes the full term, will we still be meeting here on a Wednesday morning three years hence to consider the possibility of this Bill?

[Mr Harper]

Of course, I also associate myself with the remarks that you made about the hon. Member for Coventry North East and her recent bereavement, Ms Dorries. When the hon. Gentleman says that things will happen “irrespective” of what the House decides about the boundaries, of course it is not irrespective. If the House decided to go with the proposals the boundary commissions are going to bring forward, the House would effectively have made a decision to proceed on that basis. No doubt, therefore, the House would be asked not to proceed with this Bill. If, of course, the House chooses not to proceed with the boundary commission proposals, we are in a different space.

On a point of fact, we would not meet for the rest of this Parliament, because, of course, private Members’ Bills lapse at the end of the Session so, thankfully, we would meet and have the pleasure of each other’s company only until the end of this Session, not for the rest of the Parliament.

[Christian Matheson]

The right hon. Gentleman is right on the second point; the Bill would lapse at the end of this Session, so we would have to go for only another nine months. He answered his own question in the first part of his intervention, because he talked about the fact that if the imminent set of boundary proposals go through, the House would then be asked to withdraw this Bill. That is entirely my point: the Bill would continue to stand on the Order Paper and would still need some kind of cancellation.

That is where we should be heading with these proposals. The Bill of my hon. Friend the Member for Manchester, Gorton has been read a Second time, and my advice to the Government would be simply this: move the money resolution, continue consideration in this Committee, and then kill the Bill off with a majority on Third Reading.

That would seem to be the obvious solution. If Conservative Members are confident that they have the majority—they may well have the majority to take the imminent proposals forward—they should follow the correct and democratic procedure, undertake the Committee stage and then cancel the Bill by voting against it on Third Reading. That is surely the way forward, because it would stop us having to meet every Wednesday at 10 o’clock—much as that is a great pleasure, Ms Dorries—albeit that that would only be to the end of this Session, and I am grateful to the more experienced right hon. Member for Forest of Dean, who is a former Chief Whip and obviously knows about procedure, for reminding me of that.

I am an avid reader of the Daily Mail, and there is an article in it today about this very issue. The article, which I am sure we can trust, alleges that members of the Government have written to Conservative MPs urging them to back the imminent set of proposals. Since this is absolutely germane to the procedures under consideration by the Committee, may I ask the Minister whether such a letter has indeed gone out to Conservative Members, and whether she will place a copy of that letter in the Library for us all to see?

Another allegation in the Daily Mail, and I see no reason not to trust it, is that an undertaking has been given to Conservative Members that no man will be left behind. This being the 21st century, we might also say “no woman”, or “no hon. Member” shall be left behind. In other words, some kind of grubby deal has been done to persuade Conservative Members to vote in favour of the imminent boundaries, irrespective of whether they consider it right or wrong, on the basis of how it would affect them personally. That is why I use the phrase “grubby deal”.

We cannot allow introspection and self-interest when we are considering parliamentary boundaries that are the basis of the way in which the House is elected and, therefore, the basis of our democracy and democratic procedures for the next 10 or 15 years. If the boundary procedures take as long next time as they did this time, it might even be more than 15 years. Let us hope not, because there is a consensus that parliamentary boundaries need to be reviewed. Will the Minister confirm whether a deal has been done with Conservative Members that no man will be left behind, and that self-interest should be a consideration when they are considering the imminent set of boundaries?

If that is the case, that is yet more reason why my hon. Friend’s Bill, which takes into account not self-interest but the broader interests of the United Kingdom and the basis of our democratic representation, should proceed, as opposed to grubby deals and cajoling based on self-interest, which is the allegation in the newspaper article. If the Minister confirmed or denied whether such a deal has taken place, I would be most grateful.

--- Later in debate ---

[Chloe Smith]

I confirm that I used the word “months” and I deliberately did so. I intend to be realistic with the Committee that those instruments are complex and need to be prepared fully and correctly. I wish to be quite straight about that with the Committee.

The more specific scheduling of a vote after that point is, of course, a matter for the Whips, which I am not in a position to confirm any more specifically today. I add something I think the hon. Member for City of Chester and other Committee members might already be aware of: the governing legislation says that the orders shall be laid “as soon as may be”. That is the technical guidance the hon. Gentleman is looking for in his question.

[Mr Harper]

I am grateful to the Minister for clarifying that last point. I referred to that in a previous sitting. Ministers cannot unduly delay matters but they clearly have to go through the proper process and ensure that the orders are correct.

I want to ask the Minister a question about what she said on process. In a previous sitting, I brought up the subject of where these issues are debated. There are two points I want her to reflect on: one is what the hon. Member for City of Chester said about whether the House should give us permission to debate the Bill before the House has taken a decision on the boundary reports. I do not think that is sensible because the debate on the order would need to be taken into account if there was a wish to change legislation.

The second point, to which I think the Minister referred, is that these matters affect all Members of Parliament. If we were to debate the substance of the Bill, it should not be done here in Committee. As with the original legislation, it should be debated on the Floor of House in a Committee of the whole House, so that every Member of Parliament had the opportunity to consider it. The Minister has set out a sensible way to proceed.

[Chloe Smith]

I am grateful for my right hon. Friend’s compelling points. The first, on time, is absolutely correct. I agree that there is little point in this Committee discussing matters that are also before the main Chamber before the main Chamber does so. Secondly, on scope, I also agree, as I said earlier, that it is correct for the main Chamber to look at these matters, first, because they affect all Members and, secondly, because they are constitutionally important. It is the convention of this House that such matters are dealt with in the main Chamber.

[Chloe Smith]

No doubt, Ms Dorries, if I did not say it, you would say that it is not for me to do that. It would be for the hon. Member for Manchester, Gorton to have such a conversation.

Following your guidance, Ms Dorries, I shall refrain from commenting on the internal machinations of parties, though, if I did, no doubt questions about the unity of both the Labour party and the Scottish National party would become very clear, given what we have seen in the press over the summer—in the Daily Mail or elsewhere.

Notwithstanding that, I can confirm that the party chairman of the Conservative party has written to Conservative colleagues, as is entirely reasonable and expected, but I do not think it is appropriate to lay that correspondence in the Library, as requested by the hon. Member for City of Chester, because those are party documents. The very important documents that we are discussing are of course the boundary commission reports. I hope I have used my comments to lay out the process that the Government intend to use for those documents, which will be before us very shortly.

[Mr Harper]

Before the Minister sits down, may I press her on one matter that I hope will be helpful to the hon. Member for Manchester, Gorton? Picking up the point that the hon. Member for City of Chester made, it would be sensible for the hon. Member for Manchester, Gorton to consider talking to the Government about a motion to discuss the substance of the Bill on the Floor of the House. That could save us coming here every week to talk about a motion to adjourn.

However, having listened to my hon. Friend the Minister, I anticipate the Government’s response to be—I am only a Back Bencher, so I do not know—that that makes sense, but that it does not make sense for that process to start before the House has had the opportunity to consider the Order in Council. As I have said before, if we are to debate the substance of the Bill, and therefore amend the current process laid down in law, we should want to do so after listening to Members’ concerns about the existing process. To start changing the law about the process before even allowing one process to conclude under the existing legislation is to put the cart before the horse.

To avoid our having an interesting but slightly null debate every week on whether to adjourn, it may be sensible for the hon. Member for Manchester, Gorton to have that conversation. I anticipate that the Government would perhaps agree to that, but to have the process start once the House has had the opportunity to consider the boundary commissions’ proposals. That might be a constructive and sensible way forward. The Minister will no doubt reflect on my contributions and those of the hon. Gentleman, and the hon. Gentleman may well also reflect on them with purpose.

[Chloe Smith]

My right hon. Friend is as forensic, logical and authoritative as ever, and I have nothing further to add.

Question put and agreed to.