Immigration Rules: Sponsors

Debate between Mark Harper and Thomas Docherty

Thursday 14th March 2013 Commons Chamber

[Mr Harper]

It was to ensure that people could not abuse the system by holding the money for only a day or two, making the application, succeeding and then giving the money back. It is to make sure that the money is genuinely under someone’s control and available to them rather than their borrowing money that belongs to someone else for a short period. We felt that six months met that requirement without being overly burdensome and putting unreasonable requirements on individuals.

Perhaps I will follow up the point made by the hon. Member for Slough if she speaks to me about the specific case. Inspiration has told me that the savings do not count in that way with self-employed people. If she has a specific case, which it looks like she has, perhaps she will draw that to my attention and I will look at it and see whether I think the rules are sufficient to deal with it.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I beg to move, That the House sit in private.

Question put forthwith (Standing Order No. 163).

The House proceeded to a Division.

Parliamentary Lobbying

Debate between Mark Harper and Thomas Docherty

Wednesday 2nd November 2011 Westminster Hall

[Mr Harper]

I listened very carefully to what my hon. Friend said about the inquiry that the Public Administration Committee is undertaking at the moment and the evidence it has heard. Clearly, when it publishes its report, the Government will look very carefully at its recommendations and respond in due course. I look forward to the Committee’s report.

[Thomas Docherty]

The Minister referred to the website data.gov.uk. I have just had a chance to go on that website and can see that the Cabinet Office information has not been updated since December 2010. Does he think that that is transparent?

[Mr Harper]

My understanding is that all the meetings up to the end of April this year have been published. However, I will check up on the matter. It was my understanding because that information has been provided.

On the point the hon. Member for Bassetlaw (John Mann) made, even some of his colleagues—I will not embarrass them by pointing them out—thought that his line about trade unions not being encompassed by the transparency rules is unsustainable. Given the fact that the party he represents gets 85% of its donations from trade unions and a quarter of its donations from a single trade union, I am afraid that his argument is simply not defensible.

Legislation (Territorial Extent) Bill

Debate between Mark Harper and Thomas Docherty

Friday 9th September 2011 Commons Chamber

[Thomas Docherty]

I think, Mr Deputy Speaker, that you would call me to order if I were tempted down that path. I certainly will not get drawn on that, but I do not think that that is the case. The hon. Lady has made it clear that the provisions apply equally to private Members' Bills and ten-minute rule Bills. I have sympathy with the argument that it should apply to those, but if there is a reason why the procedure needs to take place at presentation stage, it is that effectively we do not have a draft consultation stage.

To give an example, I have a Bill scheduled for January and I know that the hon. Member for Christchurch (Mr Chope) and I will debate it on 20 January. It went through the ten-minute rule Bill procedure. There was not much consultation because it was a ten-minute rule Bill procedure; that was before the presentation stage. There certainly was not a draft Bill at any stage. That is where the hon. Lady, as well intentioned as her Bill is, has left a loophole in her provisions.

My hon. Friend the Member for Edinburgh North and Leith (Mark Lazarowicz) was talking about the Mersey tunnel. That is a good example. There are others to do with railway infrastructure projects. From the title of a Bill, one may believe initially that it affects the whole UK, because it is about financial compensation. However, by the time one gets to the guts of the Bill and it is presented, one finds that the reverse is true and that it is predominantly an English matter. For example, let us take the Bill that will, if it goes ahead, be required for High Speed Rail 2. I imagine that we will have a Bill that will cover the section from London to Birmingham. At the draft stage, it might be a predominantly UK matter, because of the financial elements, but by the time the Government bring it to the presentation stage, they will have added so much to it, understandably, that the statement given at the start will be significantly out of date. That is why it is so important that the amendments that I and my hon. Friend the Member for Bishop Auckland have tabled and that the Speaker has selected—amendments 3, 6, 8 and 14—try to tighten the Bill.

I know that, when the Minister replies he will make a suggestion, and again I have sympathy for him. I am not sure whether it helps him when I say this, but I find him to be a very effective Minister who is on top of his brief, which helps when one’s boss is the Deputy Prime Minister, because someone should be. I am sure that the Minister will have constructed a reasoned and thoughtful argument. He is very good at getting off his brief and still being able to cope, which not every Minister can do. I suspect that he will advance the argument about the interference of the courts in the proceedings of the House. I suspect, if I were to stray into certain territories about the power of the courts versus this place or the other place, and discuss that, you, Mr Deputy Speaker, would rightly pull me sharply back into line.

May I say to the Minister, because I am not sure that I will get the chance to respond to his arguments afterwards, that I fear that the provisions are slightly 11th hour and I would be grateful if he spent a bit of time setting out in what ways he believes the courts would have the right to intervene significantly in this area, because I am yet to understand what it is he feels would lead to that situation? I am conscious that the Minister will require a bit of time to respond to the debate, and I hope that he will give way to us so we can have that exchange.

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

First, I think that it is worth saying that I agree with colleagues on both sides of the House when they say that the progress of the Bill so far has been a useful opportunity to have a debate. I thank my hon. Friend the Member for West Worcestershire (Harriett Baldwin) for that because she has given us an opportunity to have a debate about the West Lothian question and how the House operates in a devolved situation, and she has done the House a service by permitting us to have a debate in this forum. I am afraid that the Government remain opposed to the Bill overall. I will say a bit more about that on Third Reading.

Specifically talking about the amendments, I know that the hon. Member for Bishop Auckland (Helen Goodman) said that she was not going to press them, but they provide an opportunity to flesh out some of the flaws with the approach in the Bill, while keeping focused on the provisions. The hon. Member for Dunfermline and West Fife (Thomas Docherty) put his finger on a key point when he talked about the potential interference of the courts. My hon. Friend drafted the Bill with great care, and it addresses only draft legislation. If it had also addressed legislation and the legislative process, it could have opened up proceedings in this House and how we make legislation to interference by the courts, because if the process for legislation were set down in statute, whether we complied with that process would be a question to be settled in court. We do not want that.

--- Later in debate ---

[Mr Harper]

I was listening very carefully at the beginning of the debate, and when my hon. Friend intervened on the hon. Member for Bishop Auckland, he referred to her amendments as technical amendments. She concurred, but they are not technical amendments at all as they would radically change the nature of the Bill, in that it would apply no longer only to draft legislation, but to all legislation presented in the House. They are not technical amendments at all, therefore, as they fundamentally reshape the nature of the Bill. I am not surprised that my hon. Friend, who has only had a limited opportunity to study the Bill, said that they were merely technical amendments, but I am a little surprised that the hon. Member for Bishop Auckland concurred, because I would have expected her to be able to see that they are significant and broad ranging.

[Thomas Docherty]

The Minister says a slew of legislation would not be covered by the Bill as it stands. Will he explain to me which Bills he is talking about?

[Mr Harper]

The Bill would apply only to draft legislation. In the past, not much legislation was presented in draft form. Some technical and controversial measures were, but many were not. That has been the case under all previous Administrations. The current Government have a good record, however, in that we publish an increasing amount of legislation in draft. My right hon. Friend the Leader of the House is encouraging ministerial colleagues to continue that trend and, for example, the Deputy Prime Minister and I published draft legislation in respect of a House of Lords Bill and draft clauses on individual electoral registration that have been consulted on by the Political and Constitutional Reform Committee.

--- Later in debate ---

[Thomas Docherty]

The Minister is again proving my earlier point about how fleet of foot he is in staying in bounds while also covering his brief very well. I take his word for it that previous Administrations may not have been as noble as his Government in that they often did not produce proposed legislation in draft form and instead went straight to the presentation of a Bill. That does not strengthen the argument for making the presentation of Bill stage the point at which a statement must be published however, because a less scrupulous Government than one in which the Minister would be willing to serve might seek to get round things by not having a draft consultation stage and instead going straight to presentation of the Bill.

[Mr Harper]

I shall address that point later, but for now let me say that when we publish legislation, we already publish territorial extent clauses. I have a couple of examples to share with the House that demonstrate why these amendments are unnecessary because we already do what they suggest we should do, and inserting them into the Bill would open up the possibility of court interference in how this House operates.

--- Later in debate ---

[Thomas Docherty]

I am grateful, Mr Deputy Speaker. Obviously, when at Question Time we are debating proposed Government legislation, it will still be perfectly in order, as I understand it, for Members on both sides of the House to challenge the Secretary of State about that, even if it does not cover their territories. The same is true of Select Committees, which do an excellent job of examining legislation as it is going through. I have the privilege of serving on the Environment, Food and Rural Affairs Committee, which is an interesting Committee not only because of the policy matter, but because some of that applies to the whole United Kingdom and some to devolved areas, such as Scotland. The lines are blurred.

We have been having a big debate about the future of fisheries policy and the common agricultural policy. That will require legislation in future. I know, for example, that some Members on both sides are in favour of pulling out of the common fisheries policy. I will not be drawn into that argument, but the Select Committee will clearly consider the issue. Does that apply to Scotland, to England or to the United Kingdom as a whole? I do not see how the Bill, as well meaning as the hon. Member for West Worcestershire intended it to be, deals with how we can still scrutinise matters through Select Committees and put together reports that could be fairly damning, but not carry out similar scrutiny on the Floor of the House.

The Bill could have another effect which I am sure was never intended. It is my understanding that if a major piece of legislation falls in this place, that is regarded historically as a vote of no confidence in the Government. There is a perfectly reasonable suggestion to be made that as a result of this Bill, a health Bill, for example, which was a substantive piece of legislation and did not command the support of the membership of the party in England, could be defeated. Would that therefore automatically be seen as the trigger for a no confidence motion? That has not been dealt with adequately in the Bill. I hope the Minister will give us some guidance on his thinking and whether the West Lothian question could tackle the issue.

[Mr Harper]

Let me respond to that invitation. As the hon. Gentleman knows, the excellent Fixed-term Parliaments Bill, which despite the Opposition’s support for in principle, they seem inadvertently to be opposing, sets out the procedures for no confidence motions and motions of confidence in the House, so my hon. Friend the Member for West Worcestershire has been spared the need to do that in her Bill.

--- Later in debate ---

[Mr Harper]

I am pleased to see you in the Chair, Madam Deputy Speaker. This morning, Mr Deputy Speaker was very generous in allowing some latitude. If I may, I shall deal first with the questions from my hon. Friend the Member for West Worcestershire (Harriett Baldwin) about yesterday’s written ministerial statement on the West Lothian question. That may be helpful to the House, because that is what quite a lot of the debate has focused on, and then I shall talk about her Bill.

On timing, my hon. Friend the Member for Milton Keynes South (Iain Stewart) has referred to the importance of dealing with the issue at a time when it is not a live political issue and when we are not in a crisis. He is consistent, because he made the same point in February on Second Reading. I responded by making it clear—I hope that this will reassure my hon. Friends the Members for West Worcestershire and for Gainsborough (Mr Leigh)—that the Government accepted that the issue needed to be dealt with in this Parliament. It is important to deal with it before it gives rise to a constitutional crisis—in fact, that would be a very bad idea. I said that it would be

“better to deal with the question…in an atmosphere of relative calm rather than to solve it hurriedly in an atmosphere of crisis.”—[Official Report, 11 February 2011; Vol. 523, c. 638.]

I said that hon. Members, particularly those of a Unionist inclination, would agree that it would be better to deal with the matter when we can look at it calmly and reflectively rather than when we are being pressed to do so in a rush. I said so then, and I repeat it in response to my hon. Friend the Member for Milton Keynes South. I hope that that reassures colleagues that the Government intend to deal with the matter and not to kick it into the long grass, as some have feared.

My hon. Friend the Member for West Worcestershire had a number of questions, which she set out very carefully, about the commission, including the timing of the announcement. We made it clear in the statement yesterday that we will undertake a short consultation with Mr Speaker and other parliamentary authorities on how the commission can best address procedural matters in the House. We want to make sure that it can come up with a solution—or a range of solutions—that is workable and practical, which we could then debate and put into effect. There is no point in introducing solutions that simply would not work.

I said in the statement that I expected after that short consultation that we would introduce formal proposals on the membership of the commission and its terms of reference in the weeks—note the plural—after the House returns in October. My hon. Friend said that we had previously indicated that we would make those announcements this year, so Members can work out very quickly that it will be between the return of the House on 11 October and its rising for the Christmas recess.

My hon. Friend wants to know what the out date would be. I am afraid that on that one I am going to have to disappoint her, but I hope that I illustrated in my response to my hon. Friend the Member for Milton Keynes South that we intend to deal with this and make sure that we do. I do not think that it is quite as speedy to deal with as my hon. Friend the Member for Gainsborough has suggested, because there are consequences to the different solutions. For example, it may be the case that Bills cannot be certified as England-only because there is a varying devolution settlement across the United Kingdom. They may not apply in Scotland, because the Scottish Parliament has the relevant powers, but they may cover England and Wales and, indeed, Northern Ireland. They may not be England-only Bills—they may have different effects across the United Kingdom. It may not be possible to have a complete read-across from Standing Order No. 97, but that might be one of the solutions. My hon. Friend’s suggestion of next Tuesday may be a little hasty, but given that he has suggested that the debate in its present terms has run for four decades—the general issue about how the United Kingdom is governed has run for hundreds of years—I do not think that the progress that we have made is as tardy as some have suggested.

[Thomas Docherty]

Will the commission examine what will happen with Government new clauses? A Bill may apply to only one of the four nations but, during its passage through the House, the Government may table a new clause that applies to more than one nation.

[Mr Harper]

That highlights the complexity of the issue. It is one reason why, as I have said, the Bill does not provide the solution, as it applies only to draft legislation. As the hon. Gentleman said in a previous debate, legislation can change significantly between its draft stage and its introduction. Indeed, sometimes that is the point of introducing draft legislation and consulting on it, as we want to listen to what people have to say. A legislative solution is not satisfactory to deal with the problem, because it would open up procedures in the House to the courts, which is something that I am sure hon. Members on both sides of the House do not want to do. The commission would need to examine that legislative process.

My hon. Friend the Member for West Worcestershire alluded to the question whether there was a difference between the coalition partners. I can assure her that although the two coalition parties come at the issue from different angles—the Liberal Democrats have always preferred a federal solution—the policy being set out is in the coalition agreement, the statement that I issued is the collectively agreed position of the Government, and there is no difference of opinion on the issue. The parties want to make progress and move forward.

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[Mr Harper]

I accept that there is a problem; I just thought that the hon. Gentleman overstated it. There is an issue, though, and it is important that we look at how the House operates. We had a debate about different classes of MPs, and about a recognition of the Government and the Opposition. Clearly, if some of his concerns came to pass, we would need to consider whether they affected how the House operated, which is exactly why we need to ensure, as we said in the written statement, that the commission comprises people with constitutional, legal and parliamentary expertise—so that we think those consequences through.

[Thomas Docherty]

I am most grateful for the advice that the Minister is so generously giving, but can he say a little more about the relationship between the commission that he is establishing and the debate about reforming the other place—in particular about how one defines a peer, which I mentioned in my speech, and how that would work between the upper House and the commission?

[Mr Harper]

I am glad that the hon. Gentleman asks that. Clearly peers are not elected at the moment, so in no recognisable sense do they come from different parts of the United Kingdom. As we take our reform proposals forward, this issue clearly has the potential to pop up in the other place. If we come up with a sensible, workable solution in this House, it could simply be adopted for the way a reformed second Chamber works, when we are—as I hope we will be—successful in making progress on our reform proposals.

[Thomas Docherty]

I am most grateful for the straight face with which the Minister said that last sentence, but given that 20% will still be appointed and that those appointed are intended to reflect the UK balance of the House, how would the Government reconcile a UK-balanced upper House with an English-balanced lower House?

[Mr Harper]

I will give the hon. Gentleman a brief answer, because I fear that if I give too wide an answer, Madam Deputy Speaker will tell me off for straying into House of Lords reform. I am surprised that he made that remark about a straight face because it is his party’s policy to have an elected House of Lords. That was what those on his Front Bench in this House have said. We all have Back Benchers with different views, but that is his party’s policy, so I will hope that he will support it as we make progress. Members appointed in the other place when it is reformed will not be party appointees; they will be independent Members from a party perspective. I am therefore not sure whether their geographical origins, about which the hon. Gentleman has expressed concerns, are necessarily that important. Those Members will not represent geographical parts of the United Kingdom, so the West Lothian question does not really apply.

[Thomas Docherty]

rose—

[Mr Harper]

I will keep going along this line for as long as Madam Deputy Speaker permits me.

[Thomas Docherty]

Let us take an individual who, for argument’s sake, comes from Scotland, lives in Scotland, has a broad Scottish background and has no interests in England, but who is appointed to the upper House. Would that not simply exacerbate the West Lothian question?

[Mr Harper]

It may do, but those are questions that can be dealt with when we debate House of Lords reform. We can deal with the West Lothian question as it pertains to this elected House now; I am sure that those other questions will provide yet another exciting avenue of debate later. Indeed, I suspect—and fear—that some in the other place may have noted the hon. Gentleman's concerns and may, even as we speak, be formulating concerns that they have not had before and that we shall have to address.

Let me turn to the Bill. As I said when we debated the amendments, in drafting her Bill my hon. Friend the Member for West Worcestershire sensibly stuck to draft legislation, so that—as she and I have discussed before—she was in no danger of opening up the internal processes of this House and how we legislate to the courts. That was the right thing to do. However, in a sense, that has meant that her Bill, although an excellent vehicle for debate and exploring the issues—something that all Members have found useful—does not really present a solution. Indeed, the Bill does not even present a partial solution, because it cannot be the solution for actual legislation. For those of us who represent seats in England, our constituents are not really concerned about draft legislation; they are concerned about actual legislation and actual spending. Her Bill and the approach that it takes cannot apply to actual legislation because it is legislative in nature.

Apart from that, as I said when we discussed the amendments, the Government already set out clearly the territorial extent of provisions in actual legislation. Indeed, I gave the House some examples on Report of the different ways in which that is explained in various Bills. That is already done, and in a way, that is not the difficult part of the process. Rather, the difficult part is what follows from saying that Bills apply to different parts of the UK. The hon. Member for Perth and North Perthshire made it clear that, because of his party’s approach, it has had no trouble in identifying legislation that affects different parts of the UK or in making decisions about how to vote. I do not think that that is the difficult part. I think also that my hon. Friend the Member for Gainsborough shares that view. The Bill does not move us further forward in that regard. It merely adds legislative bureaucracy and some uncertainty, and, certainly from a Conservative perspective, we do not want to legislate when it is not necessary to do so. Passing legislation that takes us no further forward is not appropriate.

My hon. Friend the Member for West Worcestershire referred to the democracy taskforce, a Conservative thing that was chaired by my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), now the Lord Chancellor and Justice Secretary. As she said, the taskforce did not think that a full version of English votes for English laws would be desirable. It also looked at a modified version that would allow English Members into the Committee and Report stages of English-only legislation, while allowing the whole House to vote on the rest. It decided that there was no perfect, neat, tidy, no-loose-ends solution to the problem, and that the answer lay in making some improvements and moving forward. Looking into that approach in more detail will be a task for the commission.

I think that we have made some progress. I hope that I have been able to convince my hon. Friend the Member for West Worcestershire that the wait for the membership and terms of reference of the commission will not be a long one, and that the Government are committed to resolving the problem and not leaving it to fester until it becomes a crisis. Her Bill had to be very narrow because of the difficulty of legislating in this area, and it is not the right one. I therefore urge her to withdraw it at this time, and I look forward to her engaging thoroughly with the commission and putting forward her views to it.

I would just caution Members on the matter of Mr Speaker certifying Bills, as this is an area in which we would do well to think through the complexities. Certifying Bills is not an uncontroversial matter. I think that one or two Members might have been a little blasé about it. There has already been some debate in the other place when Mr Speaker has certified Bills as money Bills under the terms of the Parliament Act. I remember, when I was taking the Fixed-term Parliaments Bill through, the remarks made in the other place by the former Speakers, Baroness Boothroyd and Lord Martin. They were unhappy about the proposals for the role of the Speaker in certifying motions of no confidence, saying that that could draw the Chair into areas of controversy.

We need to ensure that the things that the Speaker takes into account in making such determinations will not draw the Chair into party political controversy. That might not be as simple to achieve as colleagues think. On uncontroversial Bills that are not a matter of huge debate between the parties, the Speaker will be able to make those determinations without attracting any criticism. When highly charged matters that could have significant political consequences are involved, however, we would need to consider whether getting the Speaker to make such decisions could endanger the impartiality of the Chair and risk drawing him into political controversy.

My hon. Friend the Member for North East Hertfordshire made a point about the flexibility that is built into Standing Order No. 97, whereby, if the Speaker made a ruling in a controversial situation, it would be possible for the Government, and other parties through the usual channels, to make decisions to protect the neutrality of the Chair. Those are the kinds of issues that the commission will need to think about.

It would have been relatively straightforward to rush into establishing a commission, but it might have produced answers that were incapable of being delivered or on which there was no agreement. The process that we have undertaken, in a more thoughtful way, will mean that we have a commission that will be able to deal with the issue and put forward solutions on which there will be a considerable amount of agreement. I urge my hon. Friend the Member for West Worcestershire not to proceed any further with her Bill, but she can be confident that she has done the House and the country a service by instigating this debate, and perhaps also by holding the Government’s feet to the fire to ensure that we make sufficiently swift progress.

Fixed-term Parliaments Bill

Debate between Mark Harper and Thomas Docherty

Thursday 8th September 2011 Commons Chamber

[Mr Harper]

The amendment in lieu does not concern a sunset provision. If the committee that was set up, having examined the operation of the Act and of fixed terms, concluded that the Act should be amended or, indeed, repealed, it could make such recommendations, but Parliament would then have to go through the full normal legislative process, with its checks and balances. There would not be a simple on-off provision that could be triggered in some constitutionally innovative way.

As for my hon. Friend’s point about the House business committee, it would of course deal with the business of the House. The committee set up by the Prime Minister would have to consist of a certain number of Members of Parliament—although it would not be composed entirely of Members of Parliament—to make recommendations. It would not deal with the timetabling of parliamentary business. My hon. Friend is, of course, a big supporter of both the Backbench Business Committee and the establishment of a House business committee.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

Will the Minister clarify three points? First, why has he chosen 1 June 2020 as the start date, rather than immediately after the general election on the first Thursday of May? Secondly, does he expect the whole process to take place between 1 June and 30 November 2020? Thirdly, why have the Government not specified how many people will be on the committee? Surely that would have been a reasonable thing to do.

[Mr Harper]

We chose 2020 in order to ensure that the committee has had the experience of a full fixed term. After all, the Bill is not law yet. We argue that a fixed term is good not only because that takes that power away from the Prime Minister, but because it enables us to have a much more sensible set of arrangements. I hope it might mean that we would no longer need to have a wash-up process, because everybody would know when the parliamentary term would end. It may also help with handling pre-legislative scrutiny at the front end of the process—something for which we have been criticised. If a Government can be certain when a Parliament starts, how long it will last and how much time they will have, that will enable them to plan their legislative programme, including pre-legislative scrutiny, through that Session, which may result in some improvements. Such benefits will be properly seen only in the Parliament beginning in 2015; they will not be seen in this Parliament because the arrangements were not in place from the beginning of it. That is the reason for the 2020 date.

The reason for the other two dates that the hon. Gentleman mentioned is simply to make sure that the commitment to set up a committee is not open ended, in which case some people might lack confidence in whether the Prime Minister would set it up. The Prime Minister has to set it up between those two dates; those dates refer to the arrangements to set up the committee. [Interruption.] Well, it would depend on what the committee was looking at and how long that would take. It will not have to report by 30 November. That seemed an appropriate situation, and it is only a short period after the date of an election, so it did not seem to be an undue delay.

[Thomas Docherty]

Coalition negotiations!

[Mr Harper]

I disagree with what the hon. Gentleman says from a sedentary position. He is reading too much into this.

--- Later in debate ---

[Thomas Docherty]

I do not share the hon. Gentleman’s optimism about the coalition holding together successfully for the full five years. I think that he is accepting that, in effect, we now have, permanently, a five-year Scottish Parliament and a five-year Welsh Assembly, but I am not sure whether legislation will be brought forward to make that clear in the next Parliament. That is a huge change in constitutional convention and I think he was involved in that. Certainly, his party played a significant role and there was cross-party consensus on it.

One of the key issues was having a four-year Scottish Parliament. I would very much hope that if the committee were set up, it would have a remit that covered not just the impact on the workings of both Houses, but the impact on devolved Administrations and on local authority elections in the rest of the United Kingdom. It is disappointing that we have seen no such indication from the Deputy Prime Minister about what the committee’s remit would be.

It is also disappointing to note that there is no length of time attached to when the committee is expected to report by. If I were cynical and thought that the Deputy Prime Minister could not be trusted and might make a pledge that he would then break, I might think this issue would then be kicked into the proverbial long grass for, perhaps, the full five-year period. I was very surprised that although the Minister gave a reasonably satisfactory assurance about the starting date of the committee, a closing date for its work has not been provided. I look forward to hearing his response in a few minutes, when I very much hope he will deal with that point.

We also heard from the hon. Member for Argyll and Bute (Mr Reid) that this is a wrecking measure. I have been in the House for only 15 months but it strikes me that every time the Deputy Prime Minister puts forward something that his coalition partners are not keen on, some measures are described as wrecking measures. I seem to recall that exactly the same argument was used about changing the date of the referendum on the alternative vote. It was said that moving the date back six months would wreck the whole premise, but I note that that argument was not put forward this week by the Liberal Democrats about shifting the date of the police elections—somehow that is not a wrecking measure, but I cannot think why.

It is very disappointing that the debate was not better advertised, as my hon. Friend the Member for Rhondda (Chris Bryant) mentioned, possibly because the Patronage Secretary was hoping that many of his more principled colleagues would make other arrangements for this afternoon and would not be around to give the measures the due diligence they could do with. I would be grateful if the Minister would outline why we were not notified until 3 o’clock yesterday afternoon that this important debate was going to take place.

The last issue that I want to address is the Minister’s argument that it would take nine years to start this process. I do not see why he requires, effectively, two complete Sessions of five-year fixed terms to do this. His argument about the upper House is quite revealing and I am sure that right hon. and hon. Members in his party will take great comfort from the fact that he is now saying that there will not be an elected upper House and that we will rightly have a fully appointed House of Lords, as we have at the moment. I am sure that is part of the deal that was cooked up over dinner last night. I understand that the Minister was the subject of some roasting last night at the dinner and it is good to see his hands fully today. I understand that there was some concern among parliamentary colleagues that he would have to keep his hands in sight at all times. Without further ado, I will sit down so that he can respond.

[Mr Harper]

With the leave of the House, Madam Deputy Speaker, let me deal with the concerns that have been raised by hon. Members on both sides. The hon. Member for Rhondda (Chris Bryant) made a point about the amendment’s availability. It was tabled on Friday and—obviously, processes of the House are a matter for the House—it was certainly on the parliamentary website for the world to see by Monday. So there were three, clear parliamentary days for Members on both sides of the House to look at the amendment and consider their views. The hon. Gentleman’s comments about the usual channels will obviously have been heard by them, and I hesitate to trespass on those matters. I shall leave that point there.

The hon. Gentleman says that the Bill has not had proper consideration, but it absolutely has. It is true that it did not have pre-legislative scrutiny—and we have explained on a number of occasions that it was a first-Session Bill and that we wanted to make progress on it—but it has had extensive legislative consideration in this House and in the other place. He pointed out that it was introduced to the other place more than a year ago, so the idea that this important Bill has not had proper scrutiny simply is not correct.

The hon. Gentleman said that post-legislative scrutiny already takes place and he is quite right to say that that is done not by the Government but by Parliament. The Government produce a memorandum on Bills that they submit to Parliament, but they do not, of course, scrutinise themselves. This simply adds to the existing scrutiny that will already take place—because of the concerns that people had, we wanted to make it explicit that the Prime Minister would set up a Committee that would look at the operation of the Act and would then have to report and would give the House the opportunity for a full debate.

Picking up the points that the hon. Member for Dunfermline and West Fife (Thomas Docherty) raised about the detail—the number of members on the committee and the end point—this goes back to the point that the hon. Member for Rhondda made about operating by consensus. The Prime Minister would set up the committee, but details about the number of members and the out-date would be addressed later. The terms of reference would clearly be very wide—the amendment mentions

“a committee to carry out a review of the operation of this Act”

but does not narrow the terms. Those issues would clearly be agreed through the usual channels so there would be some sort of consensus for parties to appoint their Members to the committee. It seems to me sensible to allow that process to take place rather than to set down every detail in the Bill.

--- Later in debate ---

[Mr Harper]

I have only a few minutes and I am trying to deal with the points that hon. Members have raised.

[Thomas Docherty]

Will the Minister give a guarantee that he will consult the First Minister and the Deputy First Minister of Northern Ireland about this committee and about the West Lothian commission?

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Thomas Docherty

Tuesday 15th February 2011 Commons Chamber

[Mr Harper]

On the hon. Gentleman’s first point, he knows as well as I do, and the view is shared by everyone in the other place, that there was an organised filibustering campaign, which is unprecedented in the way in which the other place conducts its business and of great concern to all those who value its self-regulating nature. That view is not only held by me, but shared across the other House. On his second point, we propose that there will definitely be some public hearings, and there will be up to five in Scotland, Wales and Northern Ireland and each of the English regions. We will allow the boundary commissions to use their discretion to decide where they hold the hearings so that they can reflect the issues that people will raise.

The hon. Gentleman will know that the Bill, as proposed by the Government and as it left this place, contained no provision for an oral process at all. The Government listened carefully to the proposals made in the other place and brought forward those changes, which were accepted without Division. He will also know that his colleagues in the other place then suggested effectively taking us back to the very legalistic process. A full debate was held and the other place decided that that was not an appropriate method and that it was content with the public hearings that we proposed.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

The Minister has made the outrageous claim that there was filibustering. I attended the debates several times in the early hours of the morning to watch the noble Lords debating the issue and I am surprised that he regards some of his Liberal Democrat colleagues in the other place, such as Lord Tyler and others, who tabled amendments which were then accepted in the early hours, as having filibustered. Does he think that it was only Labour peers who filibustered, or does he make that claim just because he was forced to wait for his Bill?

[Mr Harper]

There is a general acceptance in the other place, not only among Conservative peers and those supporting the Government parties, but from many Cross Benchers, that the behaviour, not of the House of Lords but of a small number of former Labour MPs who have gone to the other end of the building, was unacceptable.

--- Later in debate ---

[Mr Harper]

This debate also took place in the other place and it was content with our proposals. I do not wish to speculate on the hon. Gentleman’s longevity.

Amendment (b) to Lords amendment 27 would require the arrangements for the review into the reduction of constituencies to be put in place between 1 March and 1 November this year. We do not agree with the Opposition’s thinking in that amendment, because to assess the effect of the reduction in the number of constituencies we must have seen the effects; we should not speculate about them. We think that the Cross-Bench proposal to have the review after the next election is much more sensible.

We have made a number of more minor, technical amendments, including an amendment to ensure that existing legislative powers to change the date of the poll for Northern Ireland Assembly, Scottish Parliament or Welsh Assembly elections are not affected by the provisions on the combination of polls on 5 May. That amendment was made in the other place, but in response to concerns raised in this House by the hon. Member for Foyle (Mark Durkan). We have made amendments to apply the Electoral Commission’s new civil sanctioning powers for new offences relating to loans; to give the chief counting officer the power to be reimbursed from the public purse for expenses that she incurs because it is economically beneficial to the public for her to do so—that is the debate that we had on the money resolution; to ensure that a single definition of registration officer applies throughout part 1; to place an explicit obligation on the chief counting officer for the referendum to take steps to facilitate co-operation between regional counting officers, counting officers and registration officers; and finally, to provide that an elector who registers or who is already registered for a postal vote at one of the polls combined with the referendum, and who is entitled to vote in the referendum, is automatically registered for a postal vote for the referendum.

[Thomas Docherty]

Going back to the point that the Minister made as he rattled through that list, and to the debate that we had a short time ago, will he now confirm, as he did not take the opportunity before, that the Secretary of State will write to returning officers in Scotland to instruct them to begin the count for the Scottish Parliament election as soon as the polls close, and not to delay it?

[Mr Harper]

In response to that debate, which—from memory—was about whether to include in the Bill a power to direct those counting the votes, I said that that would be out of scope and I confirmed that that was the case. If the hon. Gentleman is right in what he says about some returning officers in Scotland, there is nothing in the Bill that has caused them to take that decision. It is a decision that they have taken of their own volition. Some returning officers in Scotland have confirmed that they will count overnight and that there is no problem in doing so. Some returning officers have said that they do not propose to do so, but that is nothing to do with the combination of the polls. It is to do with their judgment about how they want to conduct the count.

As I was saying, similar provision about the combination of polls and postal votes has been made for those registered for other forms of absent vote. I believe that the raft of changes made to the Bill, which the Government have accepted, demonstrate that we have been willing to listen and engage constructively with both Houses of Parliament and to agree to all the proposed changes to our proposals that we believe were merited.

--- Later in debate ---

[Mr Harper]

The boundary commissions will have to draw up a scheme of constituencies and they will have examine the entire country. In some constituencies there may not be much need to vary from the quota, perhaps because there may not be many ties to take account of. However, there will be such a need in other areas, which is why this proposal to allow a much wider band would be very damaging. If they allow more flexibility in some areas, it will be taken away from others. That is why we want a consistent rule across the United Kingdom.

[Thomas Docherty]

I wish to clarify something that I have been asked about several times. Have the Government given any guidance to the boundary commission as to whether it will work from south to north across the country or from north to south? The direction will have a significant impact on the shaping of the constituencies, so I genuinely ask the question.

[Mr Harper]

I do not know what the hon. Gentleman means by “country”, because of course there are four boundary commissions.

[Thomas Docherty]

In each one.

[Mr Harper]

In Scotland, Wales and Northern Ireland there will be one scheme for the whole area. We have suggested in the Bill that the Boundary Commission for England does this by region. The regional boundaries are not absolute and it is able to propose constituencies that cross those boundaries, but given the size of England it seemed sensible to give the Boundary Commission at least a starting point from which to work. The rules that will apply are in the Bill and it would not be appropriate for the Government to try to influence how it conducts the review. If the Government were to do so, the hon. Gentleman would be one of the first to object.

--- Later in debate ---

[Thomas Docherty]

I am grateful for that clarification. Has the Minister had any discussions about whether the Boundary Commission for Scotland is minded to start this from the English-Scottish border and work north? Alternatively, having exempted the highlands and islands—I will not repeat the argument about that—will it work southwards? The direction will significantly affect the shape of these new constituencies.

[Mr Harper]

The hon. Gentleman was asking two questions. On the first, I have not had those discussions with the boundary commissions and I do not think it would be appropriate to do so. On the second, I am not sure that the direction would make the difference that he suggests, but he should put his question to the boundary commissions, rather than the Government.

--- Later in debate ---

[Mr Harper]

The amendments concern the effect on the Isle of Wight of the Government’s proposals for votes to have more equal weight, which has been a subject of much debate both inside and outside Parliament. I know that myself, having visited the Isle of Wight at the invitation of its Member of Parliament, my hon. Friend the Member for Isle of Wight (Mr Turner), last autumn.

As we said in the earlier debates, the Government believe that the principle of one elector, one vote—or, rather, one vote, one value—is paramount. [Interruption.] I think we all agree with the first proposition. There is consensus on that. It is right that electors across the UK should have an equal say not just in their choice of local representative, but in who form the Government of the day. As I said in the previous debate, for votes to have equal weight in a single-member constituency system, constituencies must contain a broadly equal number of electors.

Although absolute equality would be right in principle if—as was said in a previous debate—we were all desiccated calculating machines, in the real world some flexibility is needed to recognise local circumstances. Exceptions compromise equality, so the Government’s view is that the number of exceptions must be very limited. [Interruption.] Calm down. The Bill presented to the House by the Government provided for only two specific exemptions from the parity rule for two Scottish island constituencies —Na h-Eileanan an Iar and Orkney and Shetland. The rationale for those exceptions was clear. They are remote island groups not readily combinable with the mainland, and legislation in practice already recognises their unique geographical circumstances.

[Thomas Docherty]

I am grateful to the Minister, who is always generous with his—with the House’s time. He mentioned the issue of the highlands. Is he not aware that in Scotland there are many islands? I look to the hon. Member for Argyll and Bute (Mr Reid), where there are a large number of islands attached to the mainland. North Ayrshire and Arran also has an island.

[Mr Harper]

My point was that the exemptions were for remote island groups not readily combinable with the mainland. In the two examples that the hon. Gentleman gives, the islands are already combined with the mainland as a parliamentary constituency. That is a clear distinction. I do not understand the point he makes.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Thomas Docherty

Tuesday 19th October 2010 Commons Chamber

[Mr Harper]

We cannot put in a piece of legislation every single possible scenario; that is not done in existing legislation. We have set out what we want voters to do and we have made provision for some common issues. Ultimately, as with today’s elections, the returning officer has discretion to judge whether the voter’s intentions are clearly expressed. If they are, the returning officer can take them into account, but if they are not, he cannot. That is how existing legislation works.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

It is quite clear which people have not had the benefit of National Union of Students’ training, as they are struggling with how AV, or even STV, would work. What estimation has the Minister given to the cost of documentation to help voters to understand, and from which budget would that material come?

[Mr Harper]

I am not entirely certain whether the hon. Gentleman wants to know about the information that is required to ensure that we have a good referendum campaign, so that when voters cast their vote they know what they are voting for, or whether he is asking about if there were a yes vote—

[Thomas Docherty]

indicated assent.

[Mr Harper]

So he wants to know what will happen if there were a yes vote and the system were brought in. Clearly, if that became the electoral system in this country, the Electoral Commission would, in the same way that it educates people about the existing system, explain how the system worked. There is provision in the legislation about which forms would be used.

This is a good opportunity to explain to the hon. Member for Rhondda something that I was going to clarify later. He is concerned about the order-making power in clause 7(4), but it is not, as he fears, a power that allows the Bill to be amended. Indeed, I would be uncomfortable with that; I am sure he knows my views about the powers of Parliament versus the Executive. If there were a yes vote in the referendum and the new voting system in clause 7 and schedule 6 were brought into effect, a number of consequential changes to other legislation would be required—for example, a number of the forms used in parliamentary elections would need to be amended—and this order-making power would allow the Minister to make those consequential changes. It would not allow the Minister to change the electoral system other than through what is in this clause and schedule 6 if brought in by the electorate.

--- Later in debate ---

[Thomas Docherty]

Before the Minister moves on, let me ask my last question again, as he began to answer it and then moved on. As we saw in Scotland with the elections and the STV system, there was a great deal of voter confusion and it was accepted after the event that not enough money had been spent beforehand on making sure that voters understood the system. Will he assure us that either his Department or another Government Department will provide sufficient funding so that every voter in the United Kingdom is given materials to explain how to fill in their ballot paper under the AV system?

[Mr Harper]

The hon. Gentleman is rather jumping ahead; we have not even passed the legislation for the referendum, let alone there having been a yes vote from the voters. He will know that the right body to carry out the education process he describes would be the Electoral Commission, which does not receive its money from the Government. It makes a request about the resources that it needs to the Speaker’s Committee which puts a motion before the House, which then decides what resources to give to the Commission, so it is a matter not for the Government but for the House to decide.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Thomas Docherty

Monday 18th October 2010 Commons Chamber

[Mr Harper]

We will talk about the franchise in due course. I do not think that the point is terribly sensible.

Government amendment 326 makes changes to the definition of the voting areas for Scotland and Wales. This change ensures that in Scotland and Wales the referendum will be run on the same respective boundaries as the Scottish parliamentary and Welsh Assembly elections. No changes are required in respect of the provisions for England, which already allow for the referendum to be run on the same boundaries as the local government elections.

Government amendment 262 provides that the local authorities within the voting areas must place the services of their officers at the disposal of the counting officer.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I seek clarification, further to the debate last week. Although I welcome the Government’s U-turn to let us have the boundaries in Scotland, will they make a single extra penny available to Scottish returning officers, as they have requested through their submission to the Scottish Affairs Committee, to pick up all the additional costs that will arise from the referendum?

[Mr Harper]

We have listened to what returning officers and electoral administrators have said, to ensure that these more sensible administrative arrangements are in place. That was the point of working with them during the summer. On costs, as the hon. Gentleman knows, by combining elections and holding them on the same day, there is a significant saving to the devolved Administrations, because much of the cost involved in running elections will be shared and split equally between central Government providing for the costs of the referendum and the devolved Administrations. It is considerably cheaper to hold a combined poll. I do not understand his point. The devolved Administrations will have fewer costs than would be the case if we did not combine the elections.

[Thomas Docherty]

To clarify, Tom Aitchison, who is the interim chief returning officer for Scotland, wrote to my hon. Friend the Member for Glasgow South West (Mr Davidson) and the Scottish Affairs Committee stating that holding the referendum on the same day as the election would require extra ballot boxes, extra staff and perhaps larger rooms for a longer period. That, to my maths, is not a saving, but an extra cost.

[Mr Harper]

The costs specifically required to run the referendum are picked up by the Consolidated Fund and do not fall in any way on the local devolved authorities in Scotland, Wales and Northern Ireland. Some of their costs for running their own election—the cost of hiring polling stations, for example, and the cost of paying for staff—is split between the local Administrations and central Government from the Consolidated Fund, so the devolved Administrations make a saving, compared with running those elections on a stand-alone basis. I do not understand the point that the hon. Gentleman is trying to make.

--- Later in debate ---

[Mr Harper]

My hon. Friend will have noted that we are going to debate recounts under amendments 153 and 154 to schedule 2. I am sure that if he waits for that point in the debate, we will be able to engage in some dialogue.

The approach that I have outlined will apply only to the fee paid for the performance of a counting officer’s duty relating to the referendum. It will not impact on the level of expenses that the same person can claim for carrying out their duties in their capacity as the returning officer for the election.

[Thomas Docherty]

Particularly after the events of last May, I welcome the provisions relating to electoral returning officers not doing their job properly, but has the Minister had specific discussions about what will count as being an inadequate performance? Given the terrible scenes that we saw in Sheffield and other cities, what view will the Electoral Commission take of the confusion that may be caused by having parliamentary elections and the referendum on the same day?

[Mr Harper]

The hon. Gentleman asks separate questions. The chief counting officer will decide about the level of performance of the counting officers and regional counting officers. The Electoral Commission has been working closely with the Government and with our officials, and it is confident that the referendum next year can be carried out in combination with the elections. We aim to continue to work with it to ensure that that remains the case through to 5 May next year.

--- Later in debate ---

[Mr Harper]

The hon. Gentleman is trying to draw me into doing the chief counting officer’s job for her and into trespassing into election courts. It is not my role to do that, and the chief counting officer will make those determinations in the usual way. The Government consider that the amendment represents the best option for ensuring that regional counting officers and counting officers are accountable for their actions. Given the hon. Gentleman’s comments and those of the hon. Member for Dunfermline and West Fife (Thomas Docherty), I hope that that helps address some of the concerns that members of the public and, indeed, Members of Parliament expressed about the accountability of returning officers, following what happened at some polling stations, albeit limited numbers of them, on 6 May.

The amendments do not apply to the Chief Electoral Officer for Northern Ireland—the counting officer for the referendum—because he is a statutory office holder, who is already directly responsible to the Secretary of State for Northern Ireland for his conduct.

[Thomas Docherty]

Perhaps it might help the House of Lords when it considers the Bill if the Parliamentary Secretary asked the chief counting officer to provide written guidelines about exactly what would constitute not doing the job adequately.

[Mr Harper]

I am sure that their lordships do not require help from me or the chief counting officer to deliberate on the Bill. I would not dream of that. I am sure that the Electoral Commission will set out in due course the approach that it plans to take. It has already done that on some issues to do with the referendum, and I am sure that that will be helpful to Members.

Let me speak briefly about amendment 353, in the name of the right hon. Member for Doncaster North (Edward Miliband) and others. It would mean that, in addition to votes in the referendum in England being counted on local authority lines, as we propose, they would also need to be certified on parliamentary constituency lines. Given that 32 metropolitan boroughs, 52 unitary authorities and 192 second-tier districts in England have elections next year that involve around 31 million electors—79% of the total local government electors in England—the proposal would present significant additional administrative requirements for local areas and result in considerable extra effort and cost. Counting and issuing the results of the referendum on local authority lines, as we propose, makes administrative sense.

In Northern Ireland, counting and issuing the results will take place on Northern Ireland Assembly boundaries; in Scotland, on Scottish Parliament boundaries; and in Wales, on Welsh Assembly boundaries. That will be done because all devolved Administrations have elections to their respective bodies on 5 May. We think that that also makes administrative sense.

The Government see no benefit in requiring the counting officer to certify the results of the referendum in each parliamentary constituency. Any possible benefit would be outweighed by the extra demand on resources that the proposal would make. I would also be wary of inserting an extra layer of counting into the process, as I am sure that everyone wants a clean, clear result, which is calculated and communicated as quickly as possible.

For all those reasons, I urge hon. Members to support the Government amendments, and Opposition Members not to press theirs to a Division.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Thomas Docherty

Tuesday 12th October 2010 Commons Chamber

[Mr Harper]

I am not sure that I agree with my hon. Friend that parties campaign on the same issues. In 2005, when elections to Gloucestershire county council were taking place and I was also fighting a general election, we were campaigning on very different issues. We were campaigning on national issues for the purposes of the general election, but on specific local issues for the purposes of the Gloucestershire election.

Our programme for government made a commitment to the public to hold the referendum. We feel that the public have a right to expect that commitment to be delivered promptly, and we believe that holding the referendum on 5 May next year will deliver it.

I do not follow the argument about differential turnouts. Most of the country will vote next year, 84% of the electorate in the United Kingdom and 81% of the electorate in England. It is not true that everyone in England will be faced with other elections, but the vast majority will. A significant amount of money—about £30 million—can be saved for the taxpayer. Although that is not a reason for combining elections, it seems to me that if there is to be a referendum and if there is no other obvious reason why a combination does not make sense, going out of our way to spend an extra £30 million, particularly at a time when money is tight, would be perverse.

[Thomas Docherty]

There is a question that I hoped to ask the Deputy Prime Minister, but I am afraid that the Minister will have to answer it. Have he and the Deputy Prime Minister actually read the Gould report, and if so, when?

[Mr Harper]

We have indeed. I was coming to that. Let me try to find the relevant page about Mr Gould so that I can whip it out.

I can tell Members on both sides of the Committee who were keen on overnight counting in the general election—I seem to remember that it was proposed by my hon. Friend the Member for Epping Forest (Mrs Laing), and that her proposal received tremendous cross-party support—that those who say that Ron Gould is the fount of all knowledge, and that his views on elections should be listened to unquestioningly, ought to know that he does not believe in overnight counts of ballot papers. Those who cite him as the fount of all wisdom should be a little cautious.

To be fair, Ron Gould says that he would prefer the two polls to be held on separate dates. However, he also says that he does not think that holding them on the same day would cause the problems that were experienced in 2007, because voting systems are less complex now. He points out that there will be elections based on existing systems that will not be changed, along with a simple, straightforward question. He does not foresee the problems that the hon. Gentleman seems to anticipate.

[Thomas Docherty]

When did the Minister and the Deputy Prime Minister first read the Gould report? Was that before or after they announced the referendum date?

--- Later in debate ---

[Mr Harper]

I do not think the hon. Gentleman was listening carefully enough to what I said. I clearly stated that Ron Gould said in the evidence he submitted to the hon. Gentleman’s Committee that his first choice would be to hold the polls on separate dates but that he did not think that the same complexities as arose in the 2007 votes would arise in this instance. My officials have been working closely with electoral administrators across the UK, and with the Electoral Commission, to do exactly what Ron Gould suggests, which is to make sure that any combined polls are run smoothly and well and go ahead without problems. That has been taking place during the summer.

The rigorous testing carried out by the Electoral Commission should also reassure those worried about voter confusion—a point made from the Opposition Benches. The new draft of the question, which we will be debating shortly, enables the electorate to understand clearly the choice they are being asked to make and to express their views.

[Thomas Docherty]

rose—

[Mr Harper]

Let me just make some progress so that I can deal with the points made in the debate.

I also do not accept the proposal in amendment 155 that the referendum date should be agreed by the Scottish Parliament and Northern Irish and Welsh Assemblies— despite the respect that, of course, I have for them. The dates of elections are not agreed in conjunction with them. There is no precedent for suggesting that elections or referendums can be held only with the consent of those involved in other polls. I do not think it is appropriate for devolved Administrations, effectively, to be able to veto policies of the UK Government. Although they might welcome that, neither I nor the Government think it is appropriate.

--- Later in debate ---

[Mr Harper]

I simply do not accept my hon. Friend’s argument. If we look at the general election this year and turnouts across the country, we see that there were some constituencies where the turnout percentage was in the 70s or perhaps even in the 80s, and constituencies where it was in the 50s. Every voter had the same opportunity to vote, but turnout across the country varied. That will inevitably be the case in the referendum, and I do not think that there is anything sinister in that at all.

One of the issues raised by the hon. Member for Dunfermline and West Fife (Thomas Docherty), which I am glad to be able to address—that is why I did not want to keep taking interventions from him—was about the mechanics of how the elections were to be run. In evidence to the Scottish Affairs Committee, Tom Aitchison, the convener of the Interim Electoral Management Board for Scotland—one of the people who runs the elections—made it clear that the electoral professionals represented by his board would work to ensure that the poll was conducted in accordance with whatever the House decides. He asked that the referendum in Scotland

“be conducted on Scottish Parliamentary Boundaries”

to make sure that there was

“an efficient, clear and cost effective process”,

and said that

“the relevant Order should be amended to allow the Scottish Parliamentary elections to be formally combined with the referendum.”

He added:

“It is our current understanding that both of these proposals have been adopted”.

He is quite right, and we have listened. On 25 October, when we debate how the elections will be combined, it will be clear that we have looked at the administrative challenges and sought to make sure that the combined elections on 5 May can be conducted in the most sensible way possible.

[Thomas Docherty]

rose—

[Mr Harper]

I am just about to deal with the hon. Gentleman’s second point, which was about the cost of the count. It is perfectly clear—we acknowledge it—that some aspects of combination will require more resources than a stand-alone poll would, but that will be very much outweighed by the significant savings made by hiring polling stations and staff for one day rather than two. He is perfectly right that there are some increases in cost as a result of combining, but the overall saving is quite significant. It is about £30 million, which will be shared between the UK budget and the budgets of the devolved Administrations.

[Thomas Docherty]

In July, my right hon. Friend the Member for Blackburn (Mr Straw) and I tabled questions about what estimate the Government had or had not made of the costs to local authorities, and the Scottish, Welsh and Northern Irish Governments. The answers that we got back eventually were that the Government had made no estimate at all. Is the Minister now telling us that he has made estimates of the additional costs, and if so, what are they?

[Mr Harper]

The overall cost saving from combining the polls is £30 million. That is our best estimate looking at the details of running those elections across the country. It is a pretty good estimate and the one that we stick by, and the saving is significant. It is not the reason for combining the elections, but there is a significant benefit in doing so.