Oral Answers to Questions
Debate between Nick Boles and Chris Bryant
Nick Boles
It is probably fair to concede that for a council that has recently become unitary this is an intensely complicated process. Nevertheless, that council knew that it was taking on the responsibility and it now needs to get a move on and complete the plan.
Chris Bryant (Rhondda) (Lab)
The only sport that is equally participated in by girls and boys is swimming. I do not know whether the Secretary of State can swim, but unfortunately many young people in this country still grow up unable to swim, which poses a threat in later life. Can he tell me how many swimming pools in this country have been closed since this Government came to power? If he is not able to give me a precise number now, perhaps he could write to me later.
Ministerial Statements
Debate between Nick Boles and Chris Bryant(12 years, 5 months ago)
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Nick Boles (Grantham and Stamford) (Con)
I have spent only a year and a half of my 46 years inside this place. I have observed that there is no time when the House of Commons makes itself more ridiculous than when it is suffused with self-serving piety. I accept that there is no one here with a greater claim to true piety than the hon. Member for Rhondda (Chris Bryant), and he has made, as he always does, some brave and bold arguments. However, it was with some relief that I saw my hon. Friends the Members for Poole (Mr Syms) and for South Staffordshire (Gavin Williamson) breaking through that self-serving piety with a little common sense.
Chris Bryant
I am not sure whether the hon. Gentleman is accusing me of self-serving piety. For the avoidance of doubt, let me say that I have no piety about me.
Nick Boles
I was accusing the House of being suffused with self-serving piety and giving the hon. Gentleman a bye on the basis that his past suggests that true piety is one of his qualities.
Let me start with where I am in agreement with other Members, including my wonderful hon. Friend the Member for North East Somerset (Jacob Rees-Mogg). Holding Government to account is one of Parliament’s primary functions, but it is not its only function. Parliament is also there to supply and support a Government.
If Parliament’s primary function is to hold Government to account, no Government in recent times have done more to strengthen the power of Parliament to do such a job. It was this Government who introduced elections by Back Benchers of Chairmen and of members of Select Committees. Previous Governments, including the one of which the hon. Member for Rhondda was a member, appointed as Chairmen people who unfortunately needed to be eased out of their ministerial berths, where they had not been a success, and to be bought off for the rest of the term of that Government. This Government have turned their back on that naked attempt to suborn Parliament and have empowered Select Committees through the introduction of direct elections by Back Benchers.
Fixed-term Parliaments Bill
Debate between Nick Boles and Chris Bryant(13 years, 3 months ago)
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Nick Boles (Grantham and Stamford) (Con)
Anybody who knows me knows that my appreciation of a glass of reasonably priced white wine is second to no one’s in this House, and my appreciation of a glass of reasonably priced white wine served by the Prime Minister in No. 10 Downing street is extreme, but my love for the British constitution is greater than that.
Nick Boles
The shadow Minister asks whether my right hon. Friend the Prime Minister is charging for the drinks he is serving in No. 10 Downing street. In response, I would merely point out something that seems to have escaped the attention of Opposition Members.
Nick Boles
Thank you, Mr Deputy Speaker. I was in danger of being wholly distracted from my point, which is that my love for the British constitution, such as it is, is greater even than my love for a glass of reasonably priced white wine served at No. 10 Downing street, and there is no part of the British constitution for which I have a greater passion than that nebulous concept of Prorogation. It is the subject of the stories that my parents read to me by my bedside when I was a child. I agree that it sounds like a sad childhood, but such it was.
The hon. Member for Rhondda (Chris Bryant) made an ingenious argument about the dangers of this power remaining with the sovereign. He suggested that a Prime Minister presiding without a secure majority and having lost a vote of no confidence in this House might advise the sovereign to prorogue Parliament to avoid the possibility of Parliament passing a vote of confidence in an alternative Government and thereby bringing about an election, rather than the installation of a new Government. I am second to none in my passion for the nebulous concept of Prorogation, but I am no lawyer, unlike the hon. Gentleman.
Nick Boles
I withdraw that comment, Mr Deputy Speaker, which was almost certainly unparliamentary and banned by “Erskine May”. The hon. Gentleman said he felt he had a certain expertise in English law but not in Scottish law. I point out that my expertise in any law is equivalent to his expertise in Scottish law, so I am skating across boggy ground, if such a thing is possible.
The hon. Gentleman tried to argue that the power to prorogue should transfer to Parliament so that a Prime Minister who has lost his majority and lost the confidence of this House cannot use the power and the persuadability of the sovereign to remain in office and require an election to be called. He has an excessively colourful imagination. I understand that where no party has a clear majority in this House the role of the sovereign is to see whether a stable Government can be formed.
We saw a very good example of that after the last general election, when there was no clear result and no party had a clear majority in this House. The sovereign behaved impeccably in allowing and encouraging the parties, both the Labour party in government and the Opposition parties, to explore which arrangement was the most stable and to form the Government who had the most chance of lasting. Surely where a party in government has lost a vote of confidence in this House and no longer commands a stable majority here it would be an absolutely integral part of the sovereign’s constitutional role to invite the other party leaders to explore whether they could form a stable majority. [Interruption.] The hon. Member for Dunfermline and West Fife (Thomas Docherty) frowns. I would be happy to take an intervention from him, but may I finish explaining my logic? He can then explain to me why, as so often, it is flawed.
The sovereign would invite other party leaders to see whether they could secure a stable majority and they would have those conversations even if Parliament had been prorogued. If a group of parties not then in the Government told Her Majesty—or His Majesty, on some future date—that they could form a stable Government and provided good evidence of that fact, and if the Cabinet Secretary were to advise that they were a stable Government, there is no reason why Her Majesty should not invite the leader of the parties putting together that constellation to form a Government. At that point, that leader would be the Prime Minister and could kiss hands—all of that can happen without Parliament being involved. That leader would then be the Prime Minister and would be able to “rerogue” or “unrogue”—I do not know what the correct term is—and recall Parliament, thus cancelling Prorogation, and put their Government to a vote of confidence. If they were successful, that would obviate the need for a further election. So I do not think that the logic of the argument made by the hon. Member for Rhondda holds.
Chris Bryant
The hon. Gentleman is completely wrong, I am afraid, much as I like him—
Chris Bryant
Both of you. I am quite happy to like anybody.
The hon. Member for North East Somerset (Jacob Rees-Mogg) is completely wrong. A person from the same political party might want to take over. The no-confidence vote might apply to the Prime Minister as an individual rather than to the whole Government. I would agree with the hon. Member for Grantham and Stamford (Nick Boles) were it not for the way in which the Bill is worded, because it refers to the period of 14 days—not 14 sitting days. The House could be adjourned or prorogued during that period, or it could already be prorogued. There are many different situations in which we need to seize this power back into the hands of the House rather than the Government.
Nick Boles
I thank the hon. Gentleman, who has thought about this for longer, more deeply and in a more researched way than I have, as I was invited to make this speech only a relatively short time ago.
Nick Boles
My hon. Friend is right. There were moments in the previous Parliament when we all might have wished that the party in government had taken that route rather than imposing on us the rather long, drawn-out demise that we all witnessed.
Chris Bryant
Much as I like the other hon. Gentleman, whose name I do not know—[Laughter.] No, I do, but he was completely wrong. The hon. Member for North Warwickshire would be right if the Bill determined what counted as a motion of no confidence, but it does not. A motion of no confidence could be a motion of censure of an individual person. It might be tabled by the Opposition, and, if they won, they would end up unseating somebody as a party leader without unseating the Government.
Nick Boles
I have a sense that we will probably not persuade the hon. Gentleman here and now, although I have eternal optimism that we will persuade him of everything in due course.
Let me move on to the solution proposed by the hon. Member for Rhondda, which, to my mind, is as flawed—though also as ingenious—as his analysis of what he sees as the problems with the Bill. His solution is that this House, and exclusively this House, would have the power to prorogue. I believe that the House would adopt a resolution and the Speaker would then prorogue Parliament. The problem is another circumstance that the Opposition parties have talked about. When a Prime Minister with a rather small majority in this House feels, in the middle of a five-year term, that everything is going frightfully well, they might cynically decide to engineer a vote of no confidence that they would then instruct their Members to vote for in order to bring the House down, to prorogue and, more importantly, to have a further election. I have heard in earlier discussions that that vexes and worries Opposition Members and the hon. Member for Rhondda. Surely, his solution would fall prey to that ruse far more than happens under the current circumstances, when only the monarch can prorogue Parliament.
If a Prime Minister who felt that everything was going frightfully well and that if he had a quick election he could get a better majority could engineer a vote of no confidence by getting his troops to support it, surely he could engineer a resolution of the House to prorogue just as cynically, wilfully and arbitrarily. Does not the hon. Gentleman’s proposal move the power of prorogation, which currently sits in that special, rather hallowed constitutional place of being one of the few things that the sovereign does, on to the Floor of this House where it will become subject to all the machinations and swirls of this place and of ambitious Prime Ministers trying to secure a better majority?
Chris Bryant
Prime Ministers are by definition ambitious, I think—that was otiose. No. The Prime Minister, to all intents and purposes, is the Crown and the Crown, to all intents and purposes, is the Prime Minister in the exercise of prerogative powers. Secondly, there is a significant advantage in not just being able to prorogue and close Parliament by proclamation but having to come to the House to make a speech to argue for it. That is the big difference.
Nick Boles
Although I defer hugely to the hon. Gentleman’s greater understanding, he betrays a lack of a feel for how this constitution of ours works. The same criticism could be applied to some of his other amendments. The whole point of our constitution is that it is organic and flexible, and that it develops over time. Everything we do, every decision we make and every Bill we pass slightly shifts and changes the constitution. It is not a rules-based constitution but a practice-based constitution. Of course, there are rules—the Parliament Acts, the Salisbury convention and so on—but they develop and metamorphose as we use them.
Nick Boles
If I may, I would like at least to develop the argument enough for the hon. Gentleman to be able to fire it down good and proper.
Once we have passed this Bill and created five-year Parliaments and the expectation that they are the norm for this country, the constitution will have changed. The way in which the sovereign uses her powers to invite people to form Governments, to see whether they can win the confidence of this House, to prorogue and to accept advice from a Prime Minister will change. We will all make the argument that it would be profoundly unconstitutional for a Prime Minister who had just lost a vote of no confidence to abuse his power as the monarch’s sole adviser to advise her to prorogue a Parliament. It would be absolutely within the monarch’s rights to say, “I am defending the constitution. I am defending this new expectation that we should have five-year Parliaments by trying to see whether there is somebody other than this loser, who has just lost the confidence of the House, who can command a majority. That does not interfere with Parliament or government—I am in fact interpreting properly the will of the people, which is that we should have five-year terms.” I believe that the hon. Member for Rhondda thinks that these rules are unchanging and unbending and that they will not shift and metamorphose in response to the Bill.
Chris Bryant
Well, the hon. Gentleman should not, because if we extended the 17 days to 25, there would be less need to raise money because the amount that can be spent in a short election campaign is much more circumscribed than the amount that could be spent across the whole of the previous year. With a fixed-term Parliament, it should be possible to restrict the amount of money much more readily, so that is a further reason—I am glad he has added another—for him to support my amendment.
Nick Boles
I am not sure I understood that point, so, in a traditional Tory way, I am going to reject it because the hon. Gentleman said it.
The issue is whether the timetables should conform to the lower figure of 17 days or the higher figure of 25 days. My instinct, and probably that of most Government Members, is that any conformity should be to a shorter election campaign and a quicker decision. However, we must then address the issue of whether it is appropriate to determine that figure in this Bill. I believe that the Bill makes a fundamental constitutional change—to that extent I agree with those of my hon. Friends who are uncomfortable with parts of it—but that is why I support it. I want that fundamental constitutional change and I want it to remain for ever. I want it to be something that people will describe in 25 or 30 years’ time as one of the big constitutional shifts in the life of modern Britain. Because the Bill will make such a fundamental constitutional change, I do not want to hang about with all sorts of little, pernickety tidying-up exercises. I do not want to lumber the Bill with measures that might seem irrelevant in future, thereby opening the door to further amendment. I want the Bill to have as few clauses as possible—clear clauses that are based on the principled position that the timing of an election should not be up to the Prime Minister but should be a matter of rhythm and pattern defined by our constitution.
Nick Boles
I thank the right hon. Gentleman and I agree with him. If we are to have, as I hope we will, elections falling in a regular pattern, coinciding with other elections to other important democratic bodies, it seems obvious that there should be a consistent series. Otherwise, people would find it very confusing if local election campaigns had started while the parliamentary election campaign they all knew was coming had not. In such a situation, if parties put out leaflets with councillors on one side and a parliamentary candidate on the other, they might get into trouble for jumping the gun. The point he makes is absolutely right, but we should not necessarily decide here and now, in this Bill, between the proposals for 17 or 25 days, or even that the length should be 17 or 25 days. If we want to make this change, should we not think a bit harder about what the period should be? I have only thought of it on the spur of the moment, but I think I could make a very strong case for 12 days, and if someone wants to enter into a bit of a Dutch auction and say eight days, I would be happy with that too.
Chris Bryant
The hon. Gentleman is wrong, because one major reason why we might want a slightly longer period is to allow people who register for a postal vote to get their vote in on time. The hon. Gentleman’s Government will be legislating for prisoners to have the vote; they will vote by post, as I understand it. In addition, as I heard him say earlier, people who live abroad—especially those in the armed forces—who vote by post would find it impossible to do so within a period of eight or 12 days. They already find it very difficult to do so within 17 days but they do manage to do so within the 25-day period for local elections.
Nick Boles
The hon. Gentleman is being a trifle unkind because he knew I was being a little light-hearted and frivolous; indeed he indulges himself in such behaviour. Whereas we allow him to get away with it, he has taken my light-hearted conjectures as a serious suggestion. What he has done, however, is to demonstrate the force of my argument, which is that we should have a proper discussion, separate from the Bill, about the question, “What is the right time period?”
There are many good counter-arguments; the hon. Gentleman has enumerated some of them. My sympathies for those prisoners denied their right to vote are more limited than my sympathies for the other categories of potential postal voter that he mentioned, but I am sure that those prisoners too will have their defenders. Should we not have a separate debate on a separate piece of legislation on this question—if legislation is required? Maybe it is required, but I do not think that we should be making this amendment to a Bill that needs to stand the test of time. It needs to rest as a keystone in our constitution that lasts through the ages and is not eroded by time. I hope, therefore, that everyone in the House will choose to reject the new clauses and the amendments proposed by the hon. Gentleman.
Parliamentary Voting System and Constituencies Bill
Debate between Nick Boles and Chris Bryant(13 years, 6 months ago)
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Chris Bryant
If I may finish my argument, I will then give way to the Minister.
In Wales, the results will be by Assembly constituency, which is the same as by parliamentary constituency. In Scotland, we will have them by Scottish parliamentary constituency, which is different.
Chris Bryant
In a moment, although I have promised to give way to the Minister. I am not sure which way age and beauty apply in this case, but I will give way to the Minister first, after I have finished my argument.
In England, we will have results by various electoral areas. For the sake of clarity in understanding the legitimacy of the vote, especially as this is not just an advisory but an implementing referendum—as laid out in the Bill—it would be better if we had equality across the United Kingdom, with the results announced in the same way in every constituency.
Chris Bryant
I am grateful for the Minister’s helpful intervention, because he made half the point I made myself.
I do not know what the total number of results will be, but let us say there will be 40 for Wales, and those in Scotland, Northern Ireland and so on. If, in a large number of those constituencies, there is a very narrow result, it will have a material effect on how people view the eventual result, particularly in relation to the differential turnout that might be achieved in Scotland, Wales and Northern Ireland—by virtue of the fact that there are other elections at the same time—compared with the turnout in England.
Nick Boles
The hon. Gentleman’s suggestion seems extraordinary. I had understood that the Labour party’s position was to support the move towards an AV system, yet it seems that it wants to create all sorts of divisions and to undermine the legitimacy of any result. Surely, the whole point of the referendum is that it is a referendum for the electoral system for the Parliament of the United Kingdom. The only result that matters is the result for one constituency—the constituency of the entire United Kingdom. Trying to undermine the result by suggesting that, “Oh, in Gloucestershire, they did not vote for it” or, “Oh, in one part of Scotland, they did not vote for it”, seems to be a very strange thing to want to do.
Chris Bryant
In which case, the hon. Gentleman should be voting against the Government’s proposals, because their proposal is to conduct the referendum by constituency in Wales, by a different set of constituencies in Scotland and by different areas in England. Of course, those will all be added up. I am trying not to undermine, but to strengthen the result of the vote. Also, I should say to him that he has got the Labour party’s manifesto slightly wrong. Our commitment was to have a referendum on the alternative vote. We want the United Kingdom to be able to make a decision on that.
Nick Boles
I misspoke. I meant that the person who tabled amendment 353—the hon. Gentleman’s party leader—has stated that he is in favour of a move to the alternative vote. Is that not the case?
Chris Bryant
I have said that I will vote for the alternative vote, and I will vote for it. I personally support it and believe that it is the best way of electing candidates. It is how I was elected as a candidate for the Labour party in Rhondda, so it would be illogical for me to vote differently. However—
Chris Bryant
Could the hon. Gentleman just keep calm for a moment? I recognise that many other people in my party take a different view on that. However, all I am trying to secure is a clear process that is effected equally across the whole of the United Kingdom. I think, therefore, that it would make more sense for the results to be provided by parliamentary constituency, because, as he himself said, we are talking about parliamentary elections.
Nick Boles
I apologise for taxing the hon. Gentleman on this point, but I think he is muddling up a separate issue with the practical arrangements for counting the votes. The Government are proposing—eminently sensibly, it seems to me—that we use whichever constituencies are counting votes for other elections. So in the case of the Assemblies in the devolved institutions—
Chris Bryant
My hon. Friend makes a good point. My anxiety is that the route down which we are travelling will mean that ordinary constituents—voters around the land—will end up being treated differently according to which part of the country they live in. If the whole Bill goes through, they will effectively have less of an understanding of who represents them, because at different tiers there will be no clear structure going from the local authority, whether unitary or not, to the Assembly Member in Wales or the Scottish Parliament, or the UK Parliament. That is why the basic building block of the referendum, as it concerns the whole of the United Kingdom, should be the parliamentary constituency. The hon. Member for Grantham and Stamford (Nick Boles) obviously disagrees.
As for the Government’s other amendments, I am still not satisfied by the Minister’s answers about whether the job has been done properly or not. He says that he would not want to do the job of the chief counting officer, but in fact the Bill makes—[Interruption.] The Deputy Leader of the House says that it would be improper, but the Bill makes vast numbers of provisions relating to the counting officer, as does other legislation. As the Minister has introduced this new concept of not paying for a job that has not been done properly, I do not understand why it is not possible to delineate what not doing the job properly means.
For instance, if it had been decided that all the ballot papers for the referendum should be a different colour from the ballot papers for other elections on the day, would not doing the job properly mean that the ballot papers had not been provided in the right colour? Would not doing the job properly mean that some polling stations had too many barriers to disabled access? Would it mean that some of the polling stations did not have the official stamp? There is a whole series of issues in relation to the combination of polls that are laid out in the legislation in Scotland and Wales. I presume that the Minister wants to replicate those in the many amendments that he will come forward with, yet he says that he cannot make it clear this afternoon what not paying for a job that has not been done properly would mean.
Nick Boles
Is this not a classic example of over-micro-management of professionals? We have a chief counting officer who knows her job. Would the hon. Gentleman not be willing to let her decide whether the law was being adhered to, rather than telling her how to do it?
Chris Bryant
In which case, again, the hon. Gentleman ought to be striking out large parts of the Bill, because the Bill determines in large measure precisely what the job of the chief counting officer is. Indeed, other legislation similarly does so, because we have to have clarity about certain things. For instance, should it be possible in Wales and Scotland for there to be just one polling card for the referendum and the Assembly or parliamentary elections, or should it be a requirement that there be two? If we left the issue to people’s discretion and everybody decided to go for one, many people might say, “No, sorry, that undermines the referendum,” because we would not be making it clear that, in addition to the Assembly elections, which would get a lot of media attention in Wales, there was a referendum on the same day. That is why the hon. Gentleman’s Government will introduce amendments on the matter. His quarrel is therefore not with me; it is with the Minister, which I am sure will upset him enormously.
I am keen to provide as much clarity as possible at this stage, quite simply because I believe that the Government are proceeding in the wrong order. First and foremost, we should have the legislation for Scotland, Wales and Northern Ireland, to make it clear whether there will be three sets of elections in Northern Ireland—again, we still do not know, despite the fact that it is not many months ago—[Interruption.] I am sorry, but I am being corrected by the Northern Ireland Minister. Would he like to—[Interruption.] No, he remains in his place. In relation to Wales and Scotland, the legislation has not been changed, but that is what should happen first, and then we should move forward with the amendments that have been adumbrated today.
I will be keen to press our amendment 353 to a Division. Even if hon. Members may support the Government, I very much hope that they will also support the amendment standing in my name and that of my right hon. Friends.
Parliamentary Voting System and Constituencies Bill
Debate between Nick Boles and Chris Bryant(13 years, 6 months ago)
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Nick Boles
I defer to my hon. Friend on elitism, a subject on which he is a great expert. However, calling people “ordinary”, and saying that if they do not have four weeks of a constant barrage of information on a particular subject they will be ill informed sounds pretty elitist to me.
Chris Bryant (Rhondda) (Lab)
It seems to me that the hon. Gentleman’s argument now boils down to his belief that we should not be wasting three hours—he said four hours, but actually we have been going for only three, although it may feel like four—on all this, because we have not spoken to our electors and asked them what they think. I am sure that most of my electors in the Rhondda would say that they do not want any messing around with the constitution in this particular way, so the hon. Gentleman’s argument is basically against the whole Bill.
Nick Boles
I hate to have words put in my mouth by anyone, let alone the hon. Gentleman. However, he is close to my conclusion, and I will now get to it. It is that most people, if asked, would say, “Ask us once a year what we want and what we think about how we want to be run, and then just get out of our lives and get on with it.” That is why I welcome legislation that says that once a year we will have a general election, national elections or a referendum.
I take an even more radical position. I would have, as in America, a date that everybody knows. People there can say what the dates of the presidential, congressional, mayoral or gubernatorial elections will be in 40 years’ time. Everybody knows when elections are, which is when they start to look at the questions.
Nick Boles
It is every two years, actually, because there are mid-terms.
That is the time when all this should be done. It is the right way to conduct elections and to handle these matters, because it responds to how people think about the issues, rather than politicians.