Marriage (Same Sex Couples) Bill

Debate between Roger Gale and Chris Bryant

Tuesday 5th February 2013 Commons Chamber

[Sir Roger Gale (North Thanet) (Con)]

It is a pleasure to follow the hon. Member for Heywood and Middleton (Jim Dobbin), with whose speech I concur.

I had the privilege of chairing Committee proceedings on the Civil Partnership Bill. As has been said, very clear undertakings were given by the then Government and Opposition that that Bill was not the thin end of the wedge nor a paving Bill for same-sex marriage, but an end in itself to right considerable wrongs in the law. That it did, as the European Court of Human Rights has determined. In those respects, civil partnerships are indistinguishable from what we know as marriage.

When I put that point to my right hon. Friend the Minister for Women and Equalities, she said that no Government could bind another. Of course, she is correct. That kicks the bottom out of every undertaking that she has given. It is abundantly plain to most Conservative Members that the product of this Bill will end up before the courts and before the European Court of Human Rights, and that people of faith will find that faith trampled upon. That, to us, is intolerable.

I understand—I will give way to my right hon. Friend if she wishes to correct me—that the Cabinet paper on this matter was entitled “Redefining Marriage”. It is not possible to redefine marriage. Marriage is the union between a man and a woman. It has been that historically and it remains so. It is Alice in Wonderland territory—Orwellian almost—for any Government of any political persuasion to try to rewrite the lexicon. It will not do.

A way forward has been suggested, but it has been ignored. I do not subscribe to it myself, but I recognise the merit in the argument. The argument is that if the Government are serious about this measure, they should withdraw the Bill, abolish the Civil Partnership Act 2004, abolish civil marriage and create a civil union Bill that applies to all people, irrespective of their sexuality or relationship. That means that brothers and brothers, sisters and sisters and brothers and sisters would be included as well. That would be a way forward. This is not.

[Chris Bryant (Rhondda) (Lab)]

May I suggest very gently to the hon. Gentleman that what he has just suggested is profoundly offensive not only to a great many people in this country who are in civil partnerships, but to quite a few people on both sides of the House?

[Sir Roger Gale]

The argument is not mine, but that of an eminent lawyer in this House. Its merit is that it would create what I think the hon. Gentleman wants, which is equality. It would create a level playing field and it would leave marriage and faith to those who understand that marriage means faith and that marriage means the union between a man and a woman and nothing else.

[Chris Bryant]

indicated dissent.

Parliamentary Voting System and Constituencies Bill

Debate between Roger Gale and Chris Bryant

Tuesday 19th October 2010 Commons Chamber

[The Temporary Chair]

Order. Ms Primarolo has said that there will be a stand part debate, but she and I are agreed—and I have followed the debate very carefully—that the clause is very narrow in its remit. It sets out how votes are to given, how votes are to be counted and what information is to be given at each stage and no more. I trust that the stand part debate will address those issues and no others.

Question proposed, That the clause stand part of the Bill.

[Chris Bryant]

The most important element of the clause is the fact that it turns an advisory referendum into an implementing referendum. In one sense, it is one of the most important clauses in the Bill. Indeed, if there is a yes vote, it will directly change the voting system and several elements of it. I have a series of questions that I hope the Minister will be able to answer.

First, subsection (1) of the clause, on page 5 and on the subject of how votes are to be cast, states:

“A voter votes by marking the ballot paper with…the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote)…if the voter wishes, the number 2 opposite”

and so on. In relation to the discussion we have just had, I wonder whether if somebody marked the ballot paper with a cross against their first preference, which would clearly be an indication that that was the only way that they were choosing to vote, that would not be counted as a valid vote.

--- Later in debate ---

[Chris Bryant]

No, I do not think the Minister was, because he is relying on what happens in the rest of the Bill. Anyway, we are not convinced by the Minister’s presentation of his case on the clause, so we will be pressing the clause to a vote.

Question put, That the clause stand part of the Bill.

The Committee proceeded to a Division.

[The Temporary Chair (Mr Roger Gale)]

I ask the Serjeant at Arms to investigate the delay in the No Lobby.

--- Later in debate ---

[Chris Bryant]

I beg to move amendment 127, page 6, leave out line 35 and insert—

‘(a) within twelve months of Part 2 of the Parliamentary Voting System and Constituencies Act 2010 coming into force in accordance with section 16(2) thereof’.

[The Temporary Chair (Mr Roger Gale)]

With this it will be convenient to discuss the following:

Amendment 341, page 6, line 35, leave out ‘2013’ and insert ‘2018’.

Amendment 342, page 6, line 36, leave out ‘fifth’ and insert ‘tenth’.

Amendment 38, page 6, line 36, at end insert—

‘(3A) After subsection (2) there is inserted—

“(2AA) The boundary review due to be completed by the date set out in subsection (2)(a) above shall not begin until both Houses of Parliament have approved a report from the Electoral Commission certifying that in its opinion sufficient measures have been taken to provide for the registration of eligible voters.”.’.

Amendment 70, in clause 9, page 7, line 32, at end insert—

‘(1A) This rule is subject to an independent assessment of the Boundary Commission as to the potential electorate within any area where the Commission, having consulted—

(a) the Electoral Commission,

(b) the Registration Officer of the local authority or authorities in that area,

(c) such other organisations and individuals whom the Boundary Commission may choose to consult,

determine that the difference between the registered electorate and the assessed numbers eligible to be registered is so significant as to give rise to concern about the number of people to be served within such constituencies as would otherwise be created by rule 2(1) above.’.

Amendment 125, page 10, line 2, leave out from ‘persons’ to end of line 6 and insert

‘who are estimated by the Office of National Statistics to be eligible to vote in United Kingdom parliamentary elections, whether or not they are so registered to vote.’.

Amendment 135, in clause 16, page 13, line 5, at end insert

‘with the exception of Part 2, which will not come into force until—

(a) after the referendum on the determination of powers devolved to the National Assembly for Wales under the terms of the Government of Wales Act 2006; and

(b) the Electoral Commission has reported to the House of Commons, that over 95% of eligible voters in each local authority area are estimated to be on the electoral register.’.

[Chris Bryant]

I presume that once we have been through the amendments, we might then have a clause stand part debate, but maybe you will wish to return to that matter later, Mr Gale, having seen how the debate proceeds.

As the Committee will know, we are now moving into part 2 of the Bill, and into what I believe to be its directly partisan elements. Clause 8 provides for a complete change in how the boundary commissions will proceed, and particularly in the speed with which they will produce their reports. The Government say in subsection (3):

“A Boundary Commission shall submit reports under subsection (1) above periodically…before 1st October 2013, and…before 1st October of every fifth year after that.”

The last part of that presumes that another Bill that is currently going through the House, the Fixed-term Parliaments Bill, will not only be carried but remain precisely as it stands. It assumes that we will have five-year Parliaments.

I have pointed out before to the Deputy Prime Minister that the average length of a British Parliament in peacetime since 1832 has been three years and eight months. Notwithstanding the fact that there have been some five-year Parliaments, not least the previous one and the final Parliament of John Major’s Government, for the most part the British political system has tended to move more or less in a three and a half to four and a half-year cycle. It would make far more sense for us to proceed on the basis of a four-year Parliament than a five-year Parliament, especially since I find remarkably few instances of the latter around the world.

The existing process for boundary reviews is that they proceed on a seven-year basis. That is partly because after the Triennial Act 1641 originally provided for three-year Parliaments, there was later a move to seven-year Parliaments. As a result of the Parliament Act 1911, Parliaments were changed to five years, but without a change in the seven-yearly boundary reviews.

The assumption has always been that the boundary commissions in each nation of the UK are independent. That has not changed, except that an overriding provision is to be arrived at before each national commission considers the matter. The Government intend that there should be boundary commission reports on the whole country by 1 October 2013 and subsequently every five years. Our amendment would leave out the words “before 1st October 2013” and insert

“within twelve months of Part 2 of the Parliamentary Voting System and Constituencies Act 2010”—

this Bill—

“coming into force in accordance with section 16(2) thereof”,

which of course provides for the entry into force of the Bill.

--- Later in debate ---

[Chris Bryant]

rose—

[The Temporary Chair (Mr Gale)]

Order. The Front-Bench spokesman asked whether there would be a stand part debate. As is generally known, I take a fairly relaxed view about these things, but we can have a stand part debate only once, and it seems to me that we are having it now.

[Chris Bryant]

Although you said it with a wry smile, Mr Gale, you make an eminently sane point.

My hon. Friend the Member for Blackley and Broughton (Graham Stringer) also makes a good point, which is that we are to do this every five years. In other words, between each election, every Member’s boundaries could be redrawn. That does not provide any political stability to constituents. It is already difficult enough for most members of the public to know who their MP is. It is one of the embarrassing things about the British political system that very few people know who their MP is.

I hate to refer again to the Rhondda, but it is probably easier for people there to know not the name of their MP—I am not asserting that—but that their MP is the MP for Rhondda, because they know that they live in the Rhondda. Most people do not know the name of their constituency, so when the MP for Middle Wallop comes on television, they do not know whether they live in Middle Wallop, Upper Wallop or Nether Wallop. That matters because it is about ensuring that MPs are not deracinated from the politics around them.

--- Later in debate ---

[Chris Bryant]

Not only that, but there has been absolutely no pre-legislative scrutiny. In particular—

[The Temporary Chair (Mr Roger Gale)]

Order. So far as I can see, we have debated most of clause 8 and a chunk of clause 9, and we are now moving on to clause 10. The hon. Gentleman has yet to move the first of a series of amendments to clause 8, many of which other hon. Members wish to speak to. I would be grateful if we returned to the amendment.

[Chris Bryant]

Many thanks, Mr Gale.

I was trying to argue that the Government want to move with precipitate haste towards producing a Boundary Commission report on 1 October 2013, and that that date has been arrived at for the specific purpose of trying to hold together the coalition, in order to drive all of this forward towards the measures relating to five-year Parliaments in the Fixed-Term Parliaments Bill.

An Electoral Commission study published earlier this year found that under-registration was concentrated among specific social groups. That is why I believe that it would be inappropriate to move at the pace on which the Government are insisting, and why the amendments would be more appropriate. The hon. Member for Leeds North West (Greg Mulholland) has tabled amendment 341, which proposes to leave out the date “2013” from the clause and insert “2018”. That would be a more appropriate timetable, and if he were to press that amendment to a vote, we would want to support him. Mr Gale, I am grateful for the leniency that you have shown in this debate, and I look forward to hearing what the Minister has to say.

Parliamentary Voting System and Constituencies Bill

Debate between Roger Gale and Chris Bryant

Monday 18th October 2010 Commons Chamber

[The Temporary Chair (Mr Roger Gale)]

With this it will be convenient to discuss the following: Government amendment 264.

Amendment 247, page 17, line 5, at end insert—

‘7A (1) The Electoral Commission shall not issue any explanatory document to persons entitled to vote in the referendum during the relevant period unless the wording, content and design of such document has been agreed by both organisations designated for the purposes of section 108 of the 2000 Act (designation of organisations to whom assistance is available), where such designations have occurred.

(2) In sub-paragraph (1) the “relevant period” is the relevant period for the referendum as defined in section 125 of the 2000 Act (restriction on publication etc. of promotional period by central government etc.).’.

[Chris Bryant]

The amendment deals with the simple issue of the role of the Electoral Commission in relation to the referendum next year. While the Bill provides that the commission should take whatever steps it thinks appropriate to promote public awareness of the referendum and how to vote in it, we believe that that should be subject to the agreement of the Speaker’s Committee on the Electoral Commission. I realise that hon. Members may think that that is some strange committee with no proper function and is just a bunch of MPs who want to interfere in the process, but in fact it is laid down in the 2000 Act. It has three ex-officio members—the Deputy Prime Minister, the Speaker and the Chairman of the Political and Constitutional Reform Committee. In addition, a Minister is appointed to the committee by the Prime Minister, in this case the Minister for Housing and Local Government, as well as five other Members—the hon. Member for East Surrey (Mr Gyimah), my right hon. Friend the Member for Manchester, Gorton (Sir Gerald Kaufman), the hon. Member for Belfast East (Naomi Long), my hon. Friend the Member for Houghton and Sunderland South (Bridget Phillipson) and the hon. Member for South West Devon (Mr Streeter). One might call that an eclectic mix, but it represents a broad swathe of opinion on the issue of the referendum as well as many other electoral matters.

--- Later in debate ---

[Chris Bryant]

I am aware that those people were appointed because I was in the Chamber when the Whip with the billiard cue came in and announced it. However, they are not all elected. Some are experienced in running elections—certainly Lord Kennedy of Southwark is—and some have stood for office, but none the less, the weathered eye of a sitting, elected politician would be quite useful.

For instance, let us say that the commission decides to use Labour red for everything relating to a yes vote and Conservative blue for everything relating to a no vote. That would be problematic. A politician would spot it instantly, but many professionals who run elections would not, because they are attuned to different things. I say to my hon. Friend the Member for Foyle that there is a specific role for the Speaker’s Committee—I can see one member of that committee in the Chamber.

Perhaps the hon. Member for Corby (Ms Bagshawe) is used to editors editing her copy, or perhaps it goes straight through and clean into her books, but I do not think that members of the Speaker’s Committee on the Electoral Commission will want to interfere unnecessarily. They might just bring another valuable perspective to any material that is produced. There is no reason why that should lead to interminable delay, and I think it would be good if members and ex officio members of the committee were to bring their experience to deliberations.

The Minister pointed out that two committee members are also members of the Government, and he is right: there is the Minister for Housing and Local Government who is a Conservative, and there is the Deputy Prime Minister who, at least for the moment, is a Liberal Democrat. Of course, in their personal capacities the two of them will reach different conclusions coming from different sides of the argument, but in their ministerial capacities, they will agree on neutrality. Therefore, in making his observation the Minister adds to my argument, rather than takes away from it.

Finally, I have a bone to pick with the right hon. Member for Wokingham. He referred to the Minister speaking from his ex cathedra pulpit, and I just point out that one is either speaking ex cathedra or from a pulpit. The cathedra is the throne on which the bishop or Pope sits; it is certainly not a pulpit.

I will press my amendment to a Division, although I very much hope that the Minister will agree to it, notwithstanding his earlier complaints.

Question put, That the amendment be made.

The Committee proceeded to a Division.

[The Temporary Chair (Mr Roger Gale)]

I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.