(10 years ago)
Commons ChamberI thank the Leader of the House for his statement. September’s referendum was momentous because of its fantastic turnout and the decisive way in which the Scottish people voted to stay in the United Kingdom, and also because of the way in which it unleashed a devolutionary vigour up and down the country. We are a party with an unequalled record on devolution, and this is a debate that Labour embraces and seeks to lead. We welcome Westminster further releasing its grip on the levers that run this country. I hope that, despite the Prime Minister’s 7 am jitters on the morning after the referendum, Members on both sides of the House will welcome the fact that, through the Smith commission, we are delivering on the vow to the Scottish people.
This is only the beginning of the change we need to make to the way the country is run. In England, cities and towns are demanding a greater say in the running of their affairs. Labour has responded to those demands and made a commitment to introducing an English devolution Act in our first Queen’s Speech. This will devolve skills, transport and economic development. In Wales, we will take forward the proposals of the Silk commission for further devolution, and place Welsh devolution on the same legal footing as that for Scotland.
It is also right that we should look at how Parliament works, as more power is shifted away from Westminster. We need a democratically elected senate of the nations and regions to replace the House of Lords. And, yes, we need to consider the ways in which English MPs—or English and Welsh MPs—can have a greater say on legislation that affects only England, or England and Wales.
But what we must not do, only months after the Scottish people voted to keep our kingdom united, is allow the division of our country by the back door. Nothing we do should jeopardise the future of the Union. Last year, the Government commission led by Sir William McKay looked at that very issue. Its report included the option of a change in the way legislation is dealt with at Westminster. It would involve a Committee stage made up only of English MPs, who would scrutinise and amend legislation that applied only to England. We should consider Sir William’s approach to an English— or English and Welsh—Committee stage, because it is right that English MPs, or English and Welsh MPs, should have a key role in considering such legislation. We will study the Command Paper published today by the Government, but our criterion would be not what is in the interest of the Conservative party but what is in the interest of our country. Uniting our country is more important than uniting the Tory party. Ultimately, the way in which we bring about constitutional reform has to change. The old “Westminster knows best” approach will not wash any more.
Labour, like the Liberal Democrats, the Greens and others, is prepared to put aside tribalism and put its faith in a constitutional convention to determine a bold, new way of delivering political reform. The convention will not just be made up of elected representatives; it will give members of the public the loudest voice. That would encourage the debate that the Leader of the House talked about in his statement. The convention should consider the McKay commission approach of an English Committee stage. We hope that the Conservative party will also support the constitutional convention approach, helping us to achieve the cross-party consensus that the convention idea deserves.
On the back of the statement I have a number of questions for the Leader of the House. Does he genuinely believe that politicians cooking up deals behind closed doors is still the best way to go about long-lasting constitutional reform? Does he agree that for reform to be successful there needs to be consensus? Therefore, what are his specific objections to a people-led constitutional convention? We are all agreed that change is needed when it comes to laws applying only to England, or to England and Wales. But as the Command Paper shows, there are several options available. What are his objections to a constitutional convention deciding on the best option available, rather than partisan politicians? Labour is proposing to devolve more than £30 billion to the cities and counties of England. Do the Government support that? If the Conservative party cares about a stronger democratic voice for England, why is it so opposed to introducing democracy in the House of Lords? Given that the House of Lords is dominated by politicians from south-east England, do the Government agree that it is time for a democratic second Chamber, drawn from the nations and regions of the United Kingdom?
When it comes to constitutional change, we must consider the unintended consequences of our actions and think through the way changes are interrelated and interdependent. There should be no more backroom stitch-ups.
There is clearly a little bit of common ground, in that across the House we are determined to implement the recommendations of the Smith commission and to meet the commitments made in the Scottish referendum. As many of us have often made clear, that is not conditional on any of these other considerations or deliberations. Certainly that is common ground. The right hon. Gentleman did say that the Command Paper should be studied; that is certainly common ground.
There, perhaps, it comes to an end, because the right hon. Gentleman’s attempt to suggest that the Labour party was embracing and attempting to lead this debate is at the risible end of the scale of parliamentary statements. Saying that Labour has responded to cities and towns demanding greater say over their affairs when, for 13 years, those rights and powers were not given to the cities and towns of England is extraordinary.
The right hon. Gentleman asked about deliberations behind closed doors. The reason we have published options for consultation today is so there can be a wide debate and everybody’s views can be taken into account. But the people who have taken part in the deliberations have included the Labour leaders of many local authorities. I have welcomed into my office to discuss these things the Labour leaders of Birmingham, Cardiff, Glasgow, Leeds, Manchester, Newcastle, Nottingham, Sheffield and Liverpool. It is not that this process is out of touch with local authority leaders in the country; it is that Labour Front Benchers are out of touch with their own local authority leaders. They have performed the remarkable feat in politics of being out of touch with themselves in this process, with part of their party willing to engage and other parts determined not to, hoping that this will go away.
We have achieved something in terms of the Opposition’s deliberations, in that they have now said that they are open to the idea of Committee stages of Bills being dealt with by English, or English and Welsh, MPs. That is drawn from the McKay commission. But as the right hon. Gentleman knows, McKay presented a range of options, including that. We believe on this side of the House that as further devolution is now taking place to Scotland, it is necessary to have something stronger and more binding than the McKay commission recommended, which is why the addition of legislative consent motions is an idea put forward by both coalition parties.
The right hon. Gentleman asked about the upper House. I remind him that legislation could have been enacted in this Parliament to reform the House of Lords, had the Labour party been prepared to help get such legislation through.
The right hon. Gentleman asked about a constitutional convention. The Command Paper sets out the arguments on a constitutional convention and the Government are open to ideas on that—but a constitutional convention cannot be an excuse for delay on what needs doing now in the British constitution. No one is arguing that the Smith commission recommendations should be delayed in order to wait for a constitutional convention. No one is arguing that the work on the Silk commission, and the work of my right hon. Friend the Secretary of State for Wales, should be delayed for a constitutional convention. Similarly the resolution of the issue on English votes and English laws cannot be delayed for a constitutional convention. That must be resolved and these are the options for resolving it.
(10 years, 2 months ago)
Commons ChamberWe are faced with an anti-politics mood in the country that should alarm each and every one of us, and it is particularly directed at us in Westminster. People have a growing unhappiness with the Westminster elites. The Leader of the House made a characteristically excellent and witty parliamentary speech, but he failed to grasp the feeling in the country.
I will give way in a moment. Let me get past my third line.
Today’s debate is an opportunity for Members to respond properly to this growing cynicism. I say at the outset, however, that the problem will not be solved by Westminster imposing a solution on the British people.
Does the right hon. Gentleman not appreciate, however, that the matter of English votes for English laws is a boil that has festered for far too long, and does he appreciate the frustration of my constituents, who see Scottish MPs voting on matters that affect North West Leicestershire, when, quite rightly, the corresponding legislation has been devolved to Scotland, and I have no say over it?
I will do my best, as did the Leader of the House, to make a rational speech and address that very point later in my speech.
The Scottish referendum was a shining beacon of democracy at its best. Faced with a crucial choice about their future, registration and turnout among the people of Scotland was unprecedented. No one can have failed to be impressed by the millions of people coming out to vote and being so passionate about the future direction of their country. By a clear majority, the Scottish people voted to pool and share resources across the UK, and I would like to pay tribute to the enormous hard work of some involved in the Better Together campaign from across the political spectrum. In the Scottish Parliament, I pay tribute to Johann Lamont for Labour, Ruth Davidson for the Conservatives and Willie Rennie for the Liberal Democrats.
I also pay tribute to the right hon. Member for Ross, Skye and Lochaber (Mr Kennedy), to the Secretary of State for Scotland, the right hon. Member for Orkney and Shetland (Mr Carmichael), and to the Chief Secretary to the Treasury, the right hon. Member for Inverness, Nairn, Badenoch and Strathspey (Danny Alexander), who all played a big role, and to my right hon. Friends the Members for Kirkcaldy and Cowdenbeath (Mr Brown) and for Edinburgh South West (Mr Darling), my hon. Friend the Member for Glasgow East (Margaret Curran), my right hon. Friends the Members for East Renfrewshire (Mr Murphy) and for Paisley and Renfrewshire South (Mr Alexander) and my hon. Friend the Member for Glasgow Central (Anas Sarwar). I also pay tribute to campaigners on the yes campaign for their passion and hard work and to all those who voted.
The referendum sent a clear message, from both yes and no voters, that the status quo is unacceptable—that we cannot keep running the country the way we do—and this groundswell is not restricted to Scotland but has been repeated the length and breadth of the country. The country wants to break the stranglehold of Westminster, and it wants power shifted away from this place on a grand scale. People want to feel they genuinely have a say. They are fed up with feeling powerless and they are frustrated that powerful vested interests are not faced down. They want decisions and power close to where they live, in towns and cities up and down the country. That is why we need to grasp this opportunity and reshape the country in the way the people want, not the way we in Westminster want. Westminster does not always know best—
Has the right hon. Gentleman spoken to many of his own constituents? Are they telling him that they do not believe in English votes on English laws? I do not believe that that is true. The right hon. Gentleman’s party is going to set itself on the wrong side of the people, at a time when, as he has rightly said, there is a real sense of neglect and frustration as a result of the failure to listen. He is taking a great risk here. He should listen to this: English votes for English laws is right. Everyone else—Labour, Conservative, Liberal Democrat and Scottish nationalists—knows that, and so should he.
All that I will say to the hon. Gentleman is that that did not work very well in Clacton.
The United Kingdom has undergone nearly two decades of constitutional change. The Leader of the House mentioned the most recent changes: the Scotland Act 2012 and the Wales Bill, which is currently before the other place. Vernon Bogdanor, the Prime Minister’s former tutor, described Labour’s recent 13 years in government as
“an era of constitutional reform comparable to that of the years of the Great Reform Act of 1832”
or the Parliament Act 1911. That era included the establishment of a Scottish Parliament, a Welsh Assembly, a Northern Ireland Assembly and a London Mayor and assembly, and of proportional representation in elections to all those bodies and in European elections. It included House of Lords reform and the ejection of all but 92 of the hereditary peers, the introduction of people’s peers and an elected Speaker, and the introduction of the country’s first-ever legislation requiring political parties to publish lists of their donors. We established an independent electoral commission. We introduced the Human Rights Act 1998 and the Freedom of Information Act 2000, which gave the public a legal right to gain access to Government information, and we established the separation of powers through the creation of the Supreme Court.
The right hon. Gentleman is, of course, right to acknowledge that some important changes were made during those years, but the answer to the English question that Labour chose was to describe England as “the regions”, and to work on the basis of regional devolution. That has been rejected by the people, because the people say that England is a nation, and the demand from them is that England should have its say. There should be fairness for England, too. What is Labour going to do about that?
I am trying my best—as did the Leader of the House—to follow the rational plan and structure of the speech, but I shall return to the hon. and learned Gentleman’s question in a few moments.
I am proud of Labour’s record on constitutional reform. We can justifiably claim to be the party of constitutional reform, although it was not plain sailing. We learned from our experiences. We know a thing or two about what works and what does not work. We know about the importance of cross-party consensus to the success of constitutional change. The Leader of the House, as leader of the Conservative party, opposed the removal of any of the hereditary peers. We worked with him, and there are still 92 left, although we hope that they too will be gone soon. We learned from things that did not work, such as the failed referendum on a regional assembly in the north-east of England. We also know that there is unfinished business, most notably in regard to House of Lords reform.
Let me make some progress first. I will give way to the right hon. and learned Gentleman shortly, because he has been very patient.
We have long known that devolution to Scotland, Wales and Northern Ireland would have an impact on England, and would require a response to help to address the imbalances in our constitution. We can call it the West Lothian question or the English question—we can call it whatever we want—but there is undoubtedly an issue, and it will need to be addressed. It is not a new issue; it was around in the 1880s during the Gladstone Home Rule debates, in the 1960s when Home Rule in Northern Ireland was debated, and in the 1970s. However, we need to address the present-day declining trust in Westminster, and the widespread feeling of disempowerment.
I participated in the debates on devolution in the late 1990s, and the West Lothian question was discussed then. As the right hon. Gentleman will remember, Lord Irvine said that the best solution to the West Lothian question was not to ask it. In fact, one of the reasons the devolution settlement has not worked overall—and this applies throughout the United Kingdom—is that the right hon. Gentleman’s party, when in government, consistently refused to look at the total picture. The question now is whether, in opposition, his party will be willing to face up to the consequences, and try to create something that will command support throughout our country. We on this side of the House are prepared to do the work, but it seems to me that the right hon. Gentleman is avoiding that question.
I have a huge amount of respect for the former Attorney-General, but I am afraid that it is inconsistent to accuse us on the one hand of failing to look at the total picture and on the other hand to suggest a Westminster stitch-up.
Clearly, part of the solution is greater devolution within England, and that has been at the centre of Labour’s policy review: reversing a century of centralisation with radical plans to devolve power and responsibility downwards.
I will give way to the Select Committee Chair in a moment. I want to make some progress first.
My Front-Bench colleagues have already announced ambitious plans that will be implemented should Labour form the next Government. My right hon. Friend the Member for Leeds Central (Hilary Benn) has unveiled a new English deal in which the equivalent of £30 billion of spending would be transferred from Whitehall to city and county regions. My noble Friend Lord Adonis has outlined the way in which a future Labour Government will give local areas and city regions more powers over economic growth, transport and skills. There are other examples. In the context of my own brief, justice, I have announced plans to give local authorities more control over youth justice. They are closer to the issues, and the structure of incentives to cut crime and reoffending works much better on that scale.
I have been hearing heckling and chattering behind my left shoulder for the last five minutes. The Scottish nationalists are claiming that every sentence I utter is relevant to the points that they wish to make. Let us now see whether that is really the case. I give way to the hon. Member for Na h-Eileanan an Iar (Mr MacNeil).
Thank you, Mr Speaker. Your words of guidance are for ever precious.
The right hon. Gentleman has referred to the Westminster elites. Well, we did see them in Scotland before the “vow”, but we need to ask where they are today. The Conservatives would not tell us where the Prime Minister was; can the right hon. Gentleman tell us where the Leader of the Opposition is this afternoon?
All that I can say is, “Was that really worth it?” The hon. Gentleman has been a royal pain for the last 10 minutes.
In London we have a Mayor and an assembly, but we are ambitious to do more. The city still has too little control over its own destiny. Only 7% of all taxes raised from Londoners and London businesses are spent by the different levels of London government, whereas the figure is nearly 50% in New York. Labour has committed itself to devolving significant public service funding and responsibility to London’s government, as well as more fiscal autonomy. All that has added importance given the agreement among the leaders of the three main parties on a further package of devolution for Scotland.
Yesterday, the Secretary of State for Scotland published a Command Paper three weeks early. The Leader of the Opposition, the Prime Minister and the Deputy Prime Minister have made a commitment to strengthening and empowering the Scottish Parliament. The Labour party will take part in the process under the leadership of Lord Smith of Kelvin, in a spirit of partnership and co-operation with the other parties. Every commitment that we have made must be honoured.
We accept that the devolution settlement has also thrown up anomalies in Westminster, and the question of how to ensure that there is an “English voice” in our legislative process is definitely one of them. That is why it is right for us to examine greater powers for English Members of Parliament to scrutinise legislation. However, on many levels and on many occasions, Parliament faces a situation that is similar to the West Lothian question. We have asymmetric devolution, both within the nations and between them. Let us take the London situation. As a London Member of Parliament, I can vote on transport issues in Yorkshire and in other parts of England, yet English MPs, even Yorkshiremen, cannot vote on transport issues in London as they are the responsibility of the Mayor. In a non-federal system such as ours, that is going to happen.
We have to understand that dealing with the English votes on English laws question is more difficult for the Labour party because it has a vested interest in the power of its Scottish MPs over English matters, but it is wrong to pretend that the delegation of powers and functions to local authorities, which are Crown bodies, is equivalent to legislative devolution to Scotland. That is what makes the English votes on English laws question altogether different from what the right hon. Gentleman has just been talking about.
With the greatest respect, the best way for the hon. Gentleman’s party to resolve the West Lothian question is to win more seats in Scotland. That is the issue. Win more seats in Wales! He has failed to grasp the crisis in this country.
On some levels, we have to accept that the situation I described earlier is part and parcel of how Parliament has evolved and works, but on other levels we need to look at what can be done to accommodate the new, changing make-up of the country and I shall shortly come on to how we address this. Although we may acknowledge that there is an issue to resolve, that does not for one minute mean that we agree with the process that the Government have proposed for finding a resolution. Nor do we necessarily agree with some of the proposed solutions being floated. There can be no rushed, cobbled-together solutions and certainly no self-serving and partisan fixes.
When the Government were not scared of UKIP, they agreed with us. The coalition agreement published in May 2010 stated that they would
“establish a commission to consider the ‘West Lothian question’”.
The McKay commission report was published in March last year, when everyone knew there would be a referendum in Scotland in September 2014 and all the mainstream Westminster parties were developing their own plans to give greater devolution to Scotland. Did the Government respond to the McKay commission by setting up a Cabinet Committee led by the Leader of the House? Did they then make a veiled threat to have a vote in the House of Commons by a certain deadline? No. The response from the Government last year was:
“Given the significance of the recommendations for both England and the UK as a whole, it is right to take the time required for a thorough and rigorous assessment.”
We could not agree more. What we need to guard against is a situation that could lead to two tiers of MPs.
We also need to be honest about how few Bills that are debated in this House are truly for England only, or for England and Wales only. Some estimates suggest that in 2012-13 there was only one England-only Bill. The House of Commons Library is rightly reluctant to put an exact figure on it, given how complex a job that is. It is not as simple a categorisation as some might think because even when the clauses in a Bill are just relevant to England and Wales, there can sometimes still be financial ramifications for the rest of the UK. Votes on individual clauses in Bills decided by whether MPs were English, Welsh, Scottish or Northern Irish would lead to an almighty mess in the way this place works—something akin to a legislative hokey-cokey.
My right hon. Friend is right. There are enormous conceptual problems with the idea of English votes for English laws, but there is another huge problem: we cannot talk about the issue as though it is confined to this place; we have to talk about the other place, too.
I thank my hon. Friend for his intervention. What is remarkable is the speed with which the Leader of the House has been willing to form a Sub-Committee and chair it to look at the issue of “English votes, English laws”, yet one of our Parliaments is unelected and fully appointed, and 85% of those in the other place are from London and the south-east. There is no sense of urgency in relation to that issue from the Leader of the House of Commons.
We do not want inadvertently to create a system that might contribute to the arguments of those who favour breaking up the UK. There is a good reason why the Scottish Nats are in favour of English votes for English laws. They want two classes of MPs because they want to break up the UK.
I give way to the hon. Member for Skipton and Ripon (Julian Smith), who has been very patient.
Will the right hon. Gentleman now confirm that there is not a cat in hell’s chance of Labour coming to a conclusion on the issue of English votes for English laws by the next election—yes or no?
The way the question is premised demonstrates that the hon. Gentleman does not understand that he is part of the problem. It is not a Westminster elite solution. He fails to grasp the crisis that there is in this country.
England makes up over 80% of the UK. There is no easy federal answer to the problem, and it does a huge disservice to disillusioned voters to pretend that there is. The Leader of the House may be one of the finest historians in the Palace but he has learned the wrong lessons from history. We need to be clear about the stitch-up that is taking place.
The unhappiness with the way the country is run is an opportunity to make some truly radical changes. The British people want to reshape the country and the way it is run, but they will not put up with a top-down, imposed settlement because that would be a stitch-up and that is precisely the kind of response from Westminster that the anti-politics mood is railing against.
I give way to the former Leader of the House.
If the shadow Secretary of State is talking about the detail, he must surely come to it first by enunciating what principle he is applying. My right hon. Friend the Leader of the House said what principle he applied to the question of English votes for English laws. The shadow Secretary of State has had plenty of time to look at the McKay commission report. It said:
“Decisions at the United Kingdom level having a separate and distinct effect for a component part of the United Kingdom should normally be taken only with the consent of a majority of the elected representatives for that part of the United Kingdom.”
Will he or will he not accept that principle? If he has another principle to apply, what is it?
If this had been the position of Her Majesty’s Government before UKIP was a threat, one would have expected that response when the McKay report was published last year. That was not the Government’s response last year. Their response was, “Let’s properly consider this and assess the consequences.” The right hon. Gentleman is trying in a piecemeal manner to pick off the various challenges that we face as a country. That is one of the reasons we are so hated by the public.
The right hon. Gentleman keeps using the phrase “Westminster stitch-up”. Sometimes people try to use language to accuse others of what they themselves are doing. The biggest Westminster stitch-up would give the English a few scraps off the plate, a few extra powers and a few quid for local government, while at the same time denying them what they clearly want, according to every opinion poll conducted in this country: they simply expect to be governed by the people they elect, which means English votes for English laws. Does he think it is acceptable for a Scottish MP to vote on a matter that only affects my constituents, while I do not have that option in return?
I am astonished that the hon. Gentleman is referring to the £30 billion being devolved from Whitehall to the cities and regions as “scraps”. If he can give examples of just five English-only Bills in the past couple of years that his constituents are not happy about, I will be happy to respond directly to his points.
It was disappointing that, within minutes of the final votes being counted in the Scottish referendum, the Prime Minister was on the steps of Downing street setting out a top-down response to the biggest vote of no confidence in the Westminster elite for a generation. At the moment when we needed a Prime Minister to show some statesmanship, the day after our country voted to stay together, what we got instead was a short-term, partisan fix that had more to do with fighting UKIP than what was in the best interests of the UK.
The Tories used to be a one nation party—it is after all the Conservative and Unionist party—but now it is a party of narrow, sectional interest, desperately chasing UKIP votes. There was no prior consultation with the Deputy Prime Minister, no discussions with the Leader of the Opposition, and no views of the British people were taken. Let me be clear—a Cabinet Sub-Committee, meeting behind closed doors in Westminster, made up of MPs and led by the Leader of the House is not the way to go about this. The country deserves better than Westminster closing ranks. It certainly deserves better than the Executive dictating to the country what the solution should be. The Government have spectacularly failed to address the concerns of millions of people, who are turned off by such a blatant tactical manoeuvre.
The right hon. Gentleman keeps referring to a Westminster stitch-up or a knee-jerk—[Interruption]
Thank you, Madam Deputy Speaker. The right hon. Gentleman keeps referring to a Westminster stitch-up or a knee-jerk reaction. Will he not accept that the McKay report draws on substantial evidence that the people of England are not satisfied with all MPs voting on English-only legislation and they wish to have some form of English votes on English laws? It is not a knee-jerk reaction; there is a substantial body of evidence to show that that is what the people of England want.
I have accepted that there is an issue. I have not said there is not an issue.
I have said that we need to address the issue of how English MPs scrutinise legislation.
I called this a Westminster stitch-up; actually, a No. 10 stitch-up is what it was.
There is some noise from my left which I will try to ignore in order to make some progress.
Instead, we need a wholly radical solution to the country’s challenges that is part of a much wider and deeper reform of the way power is distributed in our country. We need a different way of working that involves, and is led by, the people and civil society—not top-down solutions imposed by Westminster, but bottom-up solutions driven by the people, by communities and by civil society.
There are examples of this being done well. Ireland’s post-2008 constitutional convention is a model worth exploring. Scotland’s pre-1997 convention laid the strong foundations for long-lasting constitutional change.
I thank the right hon. Gentleman for giving way. I represent a constituency in the south of England; he might be aware of it—it is a place without very many Labour MPs. He keeps talking about this being a Westminster stitch-up—something coming down from Westminster—and saying that there is no requirement for it and there is nothing that is being driven bottom-up from the people in the constituencies, but I get letters about this every day of every week: English people want English votes.
I did not say there was not an issue; I have said there is an issue, but I am also saying there are other issues as well, and rather than us imposing a solution, we should be speaking to the people who are raising those concerns. There are other issues as well. How can it be that we have a Parliament that is fully appointed—completely unelected—with 85% from the hon. Lady’s part of the country and London? That is unacceptable.
I am very grateful to the right hon. Gentleman for giving way and thank him most graciously. At least the Leader of the House devoted 14 minutes of his 45-minute speech to Scotland, but the right hon. Gentleman has barely mentioned Scotland. The Scottish people who are watching this debate—and very many of them are—will be horrified by the way it has become about nothing other than English votes for English folks. Will the right hon. Gentleman now talk about Scotland—about the vow and what has been promised to the Scottish people?
I dearly hope the people of Scotland are watching the behaviour of the Scottish National party Members of Parliament during the course of this debate.
As I said, there are examples of this being done well. Ireland’s post-2008 constitutional convention is a model worth exploring, as is Scotland’s pre-1997 convention. In fact, the Lib Dem manifesto in 2010 called for a constitutional convention to address this very issue. There are blueprints of success out there, and we would be foolish to ignore them. That is precisely why the Leader of the Opposition has committed Labour to launching a constitutional convention, and it was good to see the Deputy Prime Minister at today’s DPM questions agree that this is the best way forward. I urge all parties to put aside partisanship and work with us to deliver a convention that has true cross-party support and the support of civic society and our citizens. This would be a national conversation in which the politicians would be in a minority and in which the public would have the loudest voice. We would harness the energy of civil society and of the great British public.
This has the potential to bring about deeper change, rooted in the nations, regions, cities, towns and villages of this country, and not just within half a mile of this place. It has the potential to get to grips with a raft of interrelated issues such as how we create a second Chamber that is representative of the regions and nations, how we devolve even more power in England, and the merits of codifying the constitution—a topic I know my hon. Friend the Member for Nottingham North (Mr Allen) and the Political and Constitutional Reform Committee have done a considerable amount of work on.
In short, we are at a fork in the road. In one direction, we can follow the usual Westminster route of the establishment closing ranks, deciding what is best for the British people; or we can choose a new direction—one in which we put the people in charge of deciding their future. I believe this will deliver a new and refreshing constitutional settlement fit for a modern, 21st-century UK.
(11 years, 10 months ago)
Commons ChamberI was right to give way to my hon. Friend; he has made a good point. That votes should be of equal value is a fundamental principle that we should seek. We voted for that in legislation earlier in this Parliament, and it is now our task to see it through. This must be fair, equitable and democratic. It is wholly wrong that these measures should be overturned by an unprecedented device in the other House. I therefore ask Members across the House to disagree with the Lords. Having done that, we can go on to decide whether positively to settle the boundaries today by voting for the amendment in lieu or to let the proposal come back as planned on the basis of the boundary commissions’ reports later this year. In the interests of democracy and equality, I urge the House to disagree with the Lords in their amendment.
No, I do not; no, I could not; and no, it would not be right for the hon. Member for Lichfield (Michael Fabricant), who is a decent fellow, to seek to embroil me in partisan politics. That would be unworthy of him, and I feel sure that he would not knowingly behave in an unworthy way.
May I begin by congratulating the Leader of the House on the sheer audacity of his speech? His criticism of the House of Lords is breathtaking. Only six months ago, he and his party were saying that—I paraphrase—the House of Lords was so perfect that it did not need any reform, yet here he is today, arguing that it is so inept and incompetent that it cannot be trusted with this issue, despite all the Lords’ experience and the impartiality that the Conservatives claim comes from being unelected. You really could not make it up.
The hon. Gentleman will know that the Leader of the House is in charge of the timetabling of legislation in Parliament, and that it is for the Government to decide whether to proceed with a Bill. The Government chose to abandon that Bill, not the Opposition. The chairman of the Conservative party has now left the Chamber, but I have never known him to be a scholar of political and constitutional matters. We know why he was here. It is his job to ensure that the largest possible number of Conservative MPs are returned at the next general election. That is why he was here, taking an interest in this matter. It was not because he is interested in political and constitutional reform or because he is trying to reduce the cost of politics.
The House of Lords is a self-regulating Chamber. The Clerk’s advice on the admissibility or otherwise of an amendment is non-binding. By voting in favour of the amendment, the Lords have made clear their view that it is within the scope of the Bill. I am afraid it is hard luck if the Conservative part of this Government does not like that. When it comes to House of Lords reform during this Parliament, the ship has sailed.
Before us today are two groups of amendments made in the other place to the Electoral Registration and Administration Bill. I want to put on record our recognition of the work done by colleagues in the other place, from all parties and none, who spent four days debating, revising and improving the Bill.
Is not the relationship between the two Houses based on convention? Every so often, the House of Lords breaches a convention, one of which is that we should have primacy in our own affairs and should therefore decide how elections should be carried out and how boundaries should be determined. It was a breach of convention over the 1909 Budget that led to the Lords having their powers curbed before. This is a much more serious constitutional issue than the right hon. Gentleman is suggesting.
The hon. Gentleman will be aware, because he sat through my superb speech during the debate on the House of Lords Reform Bill, that I made a point in that debate about the importance of function, of looking at the powers of the second Chamber and of convention. He will recall that, although the Second Reading was voted for by a huge majority, it was the Government who chose to drop the Bill from the legislative timetable. That was their decision, and it is the Government whom the hon. Gentleman should be lobbying.
Is it not a generally accepted principle that the House of Lords has a special relationship in that it is a guardian of the constitution in a way that those who are elected might sometimes not be?
Absolutely. I have to say to those who have a grievance against conventions or against House of Lords reform that I am afraid the ship has sailed. They had their opportunity, but it passed them by.
The amendments have been made in addition to the improvements made here in the Commons during the progress of the Bill. We managed to secure a commitment that an annual canvass would still take place in 2014, that the option of a rolling opt-out was removed and that a civil penalty would be created for those who refused to respond when requested to register to vote. The Bill still left this House with serious problems, however, which is why we voted against it on Third Reading when it was last before us.
I would like to use this opportunity to place on record our appreciation of those who tabled the amendments in group 2: Lord Hart of Chilton, Lord Rennard, Lord Wigley and Lord Kerr of Kinlochard. This amendment received support from across the other place, and a Labour peer, a Liberal Democrat peer, a Plaid Cymru peer and a Cross Bencher tabled it. It was passed by a majority of 69. We welcome the amendments made to the Bill in the other place. We shall not, therefore, be supporting the motion before us today to disagree with the Lords in their amendments.
The effect of the amendment we are debating will be to postpone the review of parliamentary boundaries by one electoral cycle.
Let us focus on the practical ramifications of the right hon. Gentleman’s vote today. Is he really prepared to tell his constituents in Tooting that it is appropriate, fair and equitable that, by the time of the general election after next, in May 2020, the enumeration data on which the electorates are based will be 20 years old? Some of the constituencies in my county of Cambridgeshire are the fastest growing in England, and they will have well over 100,000 electors by then, while some in Wales will have fewer than 40,000.
It is a bit rich for a Conservative Member to lecture us on equality and fairness. I will come to those issues later in my speech.
The amendment will also similarly delay the reduction in the number of MPs by 50 to 600, as a result of which the next general election will take place on the current boundaries with the number of MPs at 650.
Does my right hon. Friend agree that this is not about having fairer constituencies—that can be accomplished by a periodic redistribution—nor about saving money? It is a highly political Bill aimed at the Labour party and at the Liberal Democrats who were naive to support it in the first place.
The House has heard what my hon. Friend has said.
Should the amendment be supported, it would mean having more time to address the deficiencies in the current electoral register, particularly against the backdrop of the move towards individual electoral registration. The reason why that is so important is that the electoral register is the very basis on which boundaries are drawn and redrawn. It is the raw material from which the Boundary Commission constructs parliamentary constituencies. If that raw material is of poor quality, the subsequent output from the Boundary Commission will also be of questionable quality.
It is not necessary to take just my word for it or that of the House of Lords. The Electoral Reform Society said last year:
“A depleted register has major implications for political boundaries. A substantial fall off in registered voters, weighted towards urban areas, would require the Boundary Commission to reduce the number of inner-city seats. This will create thousands of ‘invisible’ citizens who will not be accounted for or considered in many key decisions that affect their lives, yet will still look to MPs to serve them as local constituents.”
Does my right hon. Friend agree that we need only look at what happened in Northern Ireland to see some of the dramatic effects and the drop in the number of those registered?
My hon. Friend is right to remind the House of the lessons we can learn from Northern Ireland. A recent report by the Electoral Commission recorded its concern about the record drop in the number of people on the register.
A few moments ago, my right hon. Friend said that thousands of people will be missing from the register. The true figure is that there are 6.5 million people missing from it—and these are often among the most marginalised people in the country. I believe that it is wrong to go ahead with the boundary review without having secured these missing millions back on the register.
As ever, my hon. Friend makes a very good point.
The Lords amendment has two main principles, the first of which concerns the shift to individual electoral registration. We need time to allow for the switch to the new system to bed down.
I need to make some progress but will give way later.
We need to be sure that the completeness and accuracy of the register has not been damaged by the move. As has been said, the Electoral Commission estimates that about 6.5 million eligible voters are currently missing from the register—a truly startling figure. That is enough for almost 90 parliamentary constituencies. The current situation in which we find ourselves is bad enough; it should be imperative on us to do all we can to rectify it.
Does the right hon. Gentleman recognise that if he is successful today, he will be re-creating rotten boroughs, which were got rid of in the 1830s?
I think that the Electoral Commission, the Boundary Commission and electoral registration officers will be quite offended by the hon. Gentleman’s comments. I am sure that, on reflection, he will want to withdraw those remarks.
Does my right hon. Friend agree that this Bill has nothing to do with fairness, saving money or the cost of democracy, but is actually about pure party political advantage for the Conservative party? Is it not straight out of the Karl Rove book of how to rig elections to the advantage of a sitting party?
We have seen that the general election co-ordinator for the Conservative party has left the Chamber. The fact that he was in his place earlier speaks volumes about the motives of the Conservative part of the Government.
The move to individual electoral registration risks even greater numbers falling off the register.
The right hon. Gentleman will know that on the Northern Ireland Benches, we are concerned about the maximum representation for Northern Ireland in this House. As well as that, however, there is the issue of the impact, not mentioned so far, on elections to the Northern Ireland Assembly, because reductions in seats for Northern Ireland here also impact on the representation in that Assembly. Does the right hon. Gentleman agree that that is an important aspect, which has not so far been properly addressed?
The right hon. Gentleman makes a very good point. Northern Ireland not only loses 17% of MPs to the Westminster Parliament, but the consequences for the Northern Ireland Assembly are very serious, too. Supporting this amendment would give us the time— another electoral cycle—to get it right, which is why right hon. and hon. Members of all parties should support it.
I am really struggling to follow the right hon. Gentleman’s argument. He is arguing that he would forfeit at least £70 million-worth of savings to the taxpayer by delaying this matter for five years, while also arguing that it is right to fight the 2015 general election on constituencies that have not been looked at since 2000—15 years out of date.
I can reassure the hon. Lady that I am just warming up. If, during the course of my speech, I have not addressed the points she raises, she can intervene again later, once I am in full flow.
The right hon. Gentleman is trying to make a link between the electoral register and the Electoral Registration and Administration Bill and the boundaries review—but that is a completely false connection. The 2015 election will be based on a register in its current form, not on individual electoral registration, either way—whether done through the boundaries review as planned or whether done without it. The Bill does not impact on that.
The Leader of the House must be a fantastic poker player, as he said that with a straight face. I will give him a mini-lecture on why he is so wrong, on this issue as well, in a few moments. If he is still not persuaded, he can intervene and explain it to me again.
I have explained why we have sought to amend the Bill—both in this Chamber and in the other place—to include further mechanisms for maximising voter registration, particularly for the harder-to-reach sections of our communities. The importance of doing all in our power to avoid a sharp drop-off in registration levels was brought home by the experience of Northern Ireland, recently re-emphasised in the Electoral Commission report.
We know that those most likely to fall off the register are not sprinkled uniformly across the country. Each constituency does not have its equal share of missing voters. Instead, it is generally accepted that the missing eligible voters are likely to be from black, Asian and ethnic minority communities, the more transient residents who live in rented accommodation such as students and young people, the elderly and the disabled and those in more deprived communities. The Leader of the House and his Back Benchers talked about equality and fairness, but the Electoral Commission has reported that
“under-registration is notably higher than average among 17-24 year olds (56% not registered), private sector tenants (49%) and black and minority ethnic British residents (31%)”.
It also found that
“the highest concentrations of under-registration are most likely to be found in metropolitan areas, smaller towns and cities with large student populations, and coastal areas with significant population turnover and high levels of social deprivation.”
These millions missing from the register would not count in the calculations for the setting of parliamentary boundaries. Any boundaries produced would be skewed and would be open to questions about their legitimacy. That should worry us all.
Does the right hon. Gentleman think those people were on the register in 2000?
Let us follow the logic of the hon. Lady’s argument: there are 6 million people missing from the register at the moment, but if we cannot ensure that we get them back on the register and stop further falls, we should be happy with the status quo. She is wrong: we should not be happy with the status quo; we should try to get these 6 million people on to the register and stop the cliff fall.
We should also bear it in mind that we are losing seven constituencies in Scotland, three in Northern Ireland and 10 in Wales. Although the latest census confirms that our population has risen, there will be fewer Members representing constituencies which will, as a result of inaccuracy, have fewer people on the electoral roll. That raises real concerns about whether the interests of all four of our nations will be properly protected by the Westminster Parliament.
The right hon. Gentleman is right to point out that Scotland will lose seven constituencies if the boundary review goes ahead. We will be supporting the amendment, not because we feel that its proponents have a great case but because it would end the prospect of further Conservative government in Scotland. However, given the current boundaries, will the Labour party not have a start of up to 30 seats at the next general election?
I am always happy to discuss voting systems. If the hon. Gentleman is arguing for proportional representation rather than first past the post, that is a debate that we can have—although not, I hasten to add, during the short time that remains to us today.
My right hon. Friend’s point about the number of people who are not on the electoral register is one of the most fundamental in the debate. If Government Members had given us some sense that they were taking the position seriously—if they had paid attention to some of the reasoned amendments tabled by my hon. Friend the Member for Rhondda (Chris Bryant)—it would have been much easier for us to take them seriously today.
The Government’s complacency on the subject of the missing 6.5 million is breathtaking, and we should see it in a wider context as well. At the same time as the size of the elected legislature is being reduced through the cutting of 50 MPs, the number of unelected peers is increasing by about 50 a year. Since 2010, 117 new peers have been created at a cost of £18 million a year. The amount that will be saved by the cutting of those 50 MPs is £13.6 million. We understand from No. 10 briefings—and the Leader of the House has confirmed today—that the creation of more peers will be announced shortly.
However, it is not just the cost that should worry us. The Government are becoming more powerful. We have more Government special advisers that at any time in our history. Moreover, these changes will reduce the size of the legislature while leaving the Executive untouched, thus making Governments more powerful at the expense of elected MPs representing their constituents. Accepting the Lords amendment would enable the reduction in the number of MPs to be delayed, which would have the added advantage of giving us time to consider the right balance between Executive and legislature.
I will give way to the hon. Lady, who has been very patient and has risen several times.
The right hon. Gentleman mentioned students. Does he think it reasonable that the MP who represents a student in, say, Bristol West represents more than 82,000 people, while just across the road in Bristol East the MP represents 13,000 fewer? It is not necessary to be a student of maths to realise that a vote there will carry far less weight. That cannot be right; it goes against all the basic Chartist principles that we would expect the right hon. Gentleman to support.
I agree with the hon. Lady, as do the Electoral Reform Society and the Electoral Commission. She should join me in ensuring that those invisible citizens who should be on the register are put on the register. Let us not rush ahead with partisan boundary changes.
I have been very generous, as the hon. Lady knows. I will make some progress, and if I have time after that, I will give way.
Labour legislated for individual electoral registration in 2009. The timetable and safeguards that we proposed at the time received cross-party support, but there was a general recognition that risks would be involved in the transition, which is why it was spread over a number of years. However, the Bill in its unamended form has watered down some of the safeguards that we introduced, thus failing to take account of risks that could mean the loss of millions of eligible voters from the register.
The complexities of the move are enormous. It involves the carry-over of existing registered voters for periods of the transition, the simultaneous piloting of data-matching schemes, a drive to show the public how to register, and changes in the way in which local authorities seek to register voters and how they should deal with a refusal to co-operate. As the Government themselves admit,
“Individual Electoral Registration (IER) is the biggest change to our system of electoral registration for almost a century and it is essential we get it right”.
I want to make some progress first.
I agree wholeheartedly with that statement. “Getting it right” means that we must allow sufficient time to check that the transition does not result in millions of eligible voters dropping off the register, and rectifying that if it does occur.
I want to make some progress. I have only a short time left.
The second principal purpose of the amendments is to deal with the uncertainty about the boundaries on which the next election will be fought. That uncertainty has left the process of redrawing boundaries on the basis of the Parliamentary Voting System and Constituencies Act 2011 in a state of limbo. The current boundary review is wasting public resources, and risks creating a degree of confusion in the minds of voters about which constituencies they live in and who their MPs are.
I will not rehearse the statements made by the Deputy Prime Minister last August about the proposals for boundary changes, but, needless to say, he has made it clear that his party will not now support the new boundaries, on which both Houses are due to vote in the autumn. Rather than our having to wait until the autumn, however, the amendment gives us an opportunity to bring an end to all remaining elements of uncertainty about this issue, as well as improving the move to individual electoral registration. We do not want voters not to know which constituencies they live in, or to be confused about whether those constituencies will change at the next election.
Currently, 6.5 million people are missing from the register. According to the Electoral Commission, if the IER arrangements had gone ahead as originally proposed by the Government, the number of unregistered voters could have risen to 16 million—16 million of the poorest people. Is that the way to run a democracy?
One would think that rather than heckling in a snide and partisan manner, Ministers would be expressing concern about the millions of invisible citizens who are missing from the register.
The next general election is nearer than the last. We want the public to have more certainty about the constituencies in which they live and about who will be the candidates in the election, but if the amendment is rejected, they will know neither of those things until 2014. If we are to reinforce the connections between MPs, candidates and their constituents, we need to know the facts sooner rather than later. We need an end to the impasse, and that is what voting for the amendment would provide. Ending the impasse would bring clarity and certainty. It would also halt the work of the Boundary Commission, which would save significant amounts of money that might otherwise be wasted on a review that will not be implemented.
Agreeing with the amendment would allow us to monitor, check and rectify any deficiencies that emerge from the transition to individual voter registration. In the event of a dramatic slump in the number of eligible voters on the register, it would allow time for that to be corrected without a severe undermining of the legitimacy of parliamentary boundaries redrawn on the basis of a depleted electoral register. It would allow the next general election to be fought on the current boundaries, and would allow us to engage and register the missing millions in the meantime. It would prevent the wasting of any further money by the Boundary Commission, and it would bring certainty. That is why we will not be supporting the motion to disagree with the Lords amendment, and I hope that Members in all parts of the House will join us.
I rise to ask the House to agree with their lordships in the amendment, and to disagree with the motion to disagree. Let me, however, begin on a note of agreement with my right hon. Friend the Leader of the House. It is important for us to deal with this matter, and to deal with it today. It is before us now, so let us deal with it.
I want to touch briefly on what I consider to be the three main questions that confront us: the admissibility of the amendment, the substantive issues surrounding it, and what I might euphemistically refer to as the wider issues for the coalition.
Let me start with the question of admissibility. The other place is self-regulating; it is completely different from this House in that regard. Because it is self-regulating, all matters of order reside with the House collectively, not with any individual. The Clerks give advice, and it is given on the understanding, and in the belief, that it will be accepted. That is the convention, but it is a convention, not a rule. The rule is that anything their lordships decide collectively is in order. As they have so decided, that settles the matter as far as order is concerned. If anyone wants to revisit the debate, however, may I suggest they look in particular at the remarks of two Cross Benchers, both of whom served this House well as Speaker? They made very plain their reasons for voting for this amendment.
(14 years, 1 month ago)
Commons ChamberNo, I cannot prolong this part of the debate. I am aware that there is very little time and there are a lot of matters to be discussed.
All the other parts of this debate have been froth: the only thing that matters is that in a modern democracy every vote should have an equal value, and every Member of Parliament should come to this House with an equal number of constituents behind them.
I rise to speak to amendment 15, on which we will wish to divide the House.
It is always a pleasure to follow the hon. Member for Epping Forest (Mrs Laing). As charming as her speech was, I am reassured that we were in different Lobbies in the last Division, and I suspect that we will be again come 10 o’clock. She has sat through all five days of the Committee stage and all of today, and no doubt she will sit through tomorrow’s debates on remaining stages.
The hon. Lady should understand that many colleagues are frustrated that they have not had a chance to make certain substantive points, and they will be frustrated by the Bill when it leaves the House. That is a metaphor for what will happen when it abolishes the public inquiry. She and many colleagues are frustrated, and some Members shouted “Disgraceful” when the last Division result was announced. Citizens around the country will be shouting “Disgraceful” when the boundaries are changed without their having a chance to argue their case before the boundary commission. Their only option will be recourse to judicial review, which will make lawyers rich and citizens poorer.
Is it not the case that where the traditional English counties, for example, are breached, such as by constituencies crossing from Nottinghamshire into Derbyshire, Yorkshire or Lincolnshire, people will want to have a far greater say than they have for many years in a county such as Nottinghamshire? Although the boundary reviews there have sometimes been contentious, they have been within clearly defined parameters, which have been publicly available and generally publicly acceptable.
I thank my hon. Friend for his comment. I will come later to the evidence, which is something the Government seem scared of. It proves his point that at the time when the public inquiries are serving their greatest function, they are being abolished. One has to ask why.
A balance needs to be struck between overlapping objectives, but in the Bill the Government have managed to get the weighting wrong in almost every regard. The limits on disparities between seats are too severe and inflexible, the time scale for the boundary review is far too tight, and the abolition of local inquiries in return for an extended window for written submissions is deplorable.
As I have said, because of the programming of the Bill we have dealt inadequately with the speed of the boundary reviews and with the strictness of the adherence to electoral equality. The abolition of inquiries is entirely at odds with the concept of localism and open politics, which my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) referred to a moment ago and which the Deputy Prime Minister, who has called himself the great reformer, has previously professed. In a speech five months ago, which I will quote because it is important that colleagues in the other place hear it, he said:
“I have spent my whole political life fighting to open up politics. So let me make one thing very clear: this government is going to be unlike any other. This government is going to transform our politics so the state has far less control over you, and you have far more control over the state.”
How does the abolition of local public inquiries empower people?
To suit their rushed agenda, the Government are simply withdrawing any meaningful element of public participation and consultation, thereby reducing the boundary review process to an opaque, bureaucratic and largely mathematical exercise. The loss of transparency and the ability to comment on and amend proposals will seriously damage the reputation of the boundary commissions. It will erode the high level of trust in their impartiality that they rely on for their reports to be accepted, and the quality of their proposals will be compromised.
Any significant boundary change is likely to cause some level of discontent and controversy, but that will be magnified to previously unknown levels of disquiet if the rigid new rules in the Bill are adopted and 50 seats are abolished. In a written submission to the Political and Constitutional Reform Committee, the secretaries of the four boundary commissions were clear:
“The changes to the total number of constituencies, and the tighter limits on the number of electors in each constituency, will result in a complete redrawing of constituency boundaries.”
They continued:
“The electoral parity target may require the Commissions to work with electorate data below ward level in many cases”
and
“will result in many constituencies crossing local authority boundaries…the application of the electoral parity target is likely to result in many communities feeling that they are being divided between constituencies.”
If there is no procedural outlet for that discontent, the boundary commissions and the entire review process will be rapidly discredited.
As the Member for Blaenau Gwent, I have a coterminous borough. If I want to get things done, I go to one chief executive and one leader. I talk to the local police inspector or the person who manages the health board locally. According to the Electoral Reform Society, if the proposed change is pushed through, I will have to work with three or four different borough councils, which will make it much harder to be effective as a local politician and to get things done. It will be much more complicated to work on behalf of my constituents, and I will be much less likely to be able to stand up for them, because I will have to deal with numerous officials in all sorts of different places. Surely that is bad for democracy.
That highlights some of the nonsense reasons given by the coalition Government for the Bill. We are told that the Bill will make MPs more effective. Clearly, it will not. We are told that the boundary changes will make things cheaper for MPs. Clearly, they will not. What is clear is that it is not only my hon. Friend who will become a number, but the citizens in his area. That is all for the partisan reasons that I have set out.
Pursuant to the point made by my hon. Friend the Member for Blaenau Gwent (Nick Smith), I should add that, under the ERS proposals, the seat of Ogmore will disappear, and it is no coincidence that the largest majority in absolute terms for any party in Wales is in Ogmore. The seat will disappear and be subsumed into five neighbouring constituencies, all of which will be accountable to two chief executives, two cabinet systems, two sets of social services and two sets of everything, including different police authorities. In terms of simplifying an MP’s accountability to his constituents, and of constituents being able to demand good services in one area, the Government are completely shooting themselves in the foot.
I thank my hon. Friend. [Interruption.] I hear the chuntering from those on the coalition Government’s Front Benches—it is funny how soon some people become arrogant. The Government should test my hon. Friend’s proposition. It would be easy: they could have a public inquiry to test whether my hon. Friend is on a frolic of his own or whether his constituents share his concerns about what the changes will bring. Why are the Government running away from local public inquiries?
I am very concerned about the points made by the hon. Members for Blaenau Gwent (Nick Smith) and for Ogmore (Huw Irranca-Davies). Does the shadow Minister agree that they cannot possibly be arguing that they are so inefficient and ineffective as Members of Parliament that they cannot cope with more than one local authority? I am sure they are not. For goodness’ sake, we all have to cope with different layers of local government. The hon. Member for Ogmore is wrong to say that he is any way accountable to local authority chief executives—that is simply nonsense. Such arguments have nothing whatever to do with this debate and do not hold water.
With respect, may I tell the hon. Lady why she is wrong? My hon. Friends’ constituents will have their lives changed because they will have to deal with different people as a result of the boundary changes. Those changes will be made not to make things more efficient, or to save money, but because the system has, for partisan reasons, been based just on numbers. An MP’s ability to do his or her constituency a service will be affected. More importantly, however, a constituent’s ability to contact the person he or she needs to contact to improve things will also be affected.
I find it extraordinary that we have these complaints from Members representing small constituencies. They say that it is quite impossible to do something that is normal for half the House. I have three local authorities in my constituency. That is normal on our side of the Bristol channel, but it is apparently impossible on the Welsh side.
If the Minister is so confident in his arguments, why does he not allow the public to make objections and to have a local public inquiry, rather than a bureaucrat in a quango taking only written submissions before reaching a view? The Minister has to answer that question.
Another possible outcome of the proposed consultation is legal challenge by political parties, or local cross-party or apolitical campaign groups, such as Keep Cornwall Whole. Boundary commission decisions could be subject to judicial review. It is worth noting that only one judicial review resulted from the previous boundary review, but in evidence to the Political and Constitutional Reform Committee, Professor Ron Johnston, who is an expert on such matters, said:
“I can well see people using it”—
judicial review—as a means of addressing
“the issues that they think they are not able to address because they are not having public inquiries.”
Excluding those cases when the only change was the name of the constituency, in the fifth periodic review of boundaries 27% of English constituencies were altered by one degree or another following a public inquiry into commission recommendations. In many cases, those inquiries looked at the local ties of a particular village or town. Most of the participants were concerned about the integrity of their local constituency.
What makes the right hon. Gentleman’s argument so unpersuasive to me is that when the people of Northumberland voted in a referendum not to replace their district councils with a single unitary authority, the Labour Government ignored the referendum, which they had organised.
I am not sure what point the right hon. Gentleman is trying to make. We are talking about the abolition of local inquiries. In fact, his is an argument for more scrutiny and checks and balances at local level, with people giving evidence, rather than relying on written evidence in 12 weeks. If he feels that strongly, he should be embarrassed at how he will vote in an hour and a half.
It is noteworthy that Cornwall MPs tonight found their consciences when self-interest was involved, but for five days in Committee they were absent from the Division Lobby. It is also noteworthy that three Tory MPs were willing to vote in their own interests. The Opposition have been consistent throughout in saying that the Bill is wrong. It is wrong on the principle of losing public inquiries, but it is also wrong because as the Cornwall Members pointed out—there is compelling evidence—the remote communities in Cornwall previously managed to convince the commission to amend its proposals. Many of us believe that the attention given to such local issues is the strength of the current system. Here is the key point: in every single case in which the commission proposed an increase or decrease in the number of constituencies in an area, its initial proposals were amended following a public inquiry.
The hon. Member for Epping Forest mentioned citizens and asked why MPs cannot do their jobs. However, this is not about our jobs becoming more complicated, but about citizens and constituents having a right to have their views heard in a public inquiry. In many cases, including Derbyshire, Merseyside and north-west London, substantial changes were made to initial proposals, as in the Deputy Prime Minister’s city of Sheffield. His predecessor appeared at the inquiry and successfully argued for changes to the provisional recommendations. Many times, the commission commented in its report that the assistant commissioner’s recommendations improved as a consequence of a public inquiry.
May I reinforce my right hon. Friend’s point? There was a public inquiry in Midlothian before the 2005 election. The commission recommended that the borders be brought into Midlothian and that we take Peebles and Galashiels into my constituency, but after public scrutiny the commission recommended that that would be inappropriate. No city of Edinburgh representative has yet complained because they represent 75,000 people and I represent 60,000 or so. Nobody questions that, because they recognise that the geographical layout of Midlothian is different to that of the city.
My hon. Friend makes an important point, and colleagues in the other place will read it with interest.
In Derbyshire and Derby, the commission made provisional recommendations for the creation of a new seat, but they were rejected in favour of another that the assistant commissioner believed better reflected community ties. The amended proposals moved fewer electors and reduced the disparity. In Devon, Plymouth and Torbay, the commission proposed a division of the city of Exeter that was deeply unpopular with residents. The assistant commissioner believed that the counter-proposal better reflected local ties and reduced the electoral disparity.
In Merseyside, the commission proposed a seat containing parts of both sides of the Mersey that was opposed by almost all those with an interest, and the assistant commissioner recommended a counter-proposal that almost wholly redrew most of the constituency. The Boundary Commission for Scotland proposed a Scottish parliamentary seat crossing the River Clyde estuary that was widely opposed and rejected by the assistant commissioner in favour of a scheme of minimum change. I have many examples of where proposals have been made, local residents have looked at the proposals, there has been a public inquiry, and an assistant commissioner has heard the evidence and changed their mind.
Of all the changes made by the assistant commissioners, how many were instigated by proposals put forward by political parties?
I was coming to that. I am not embarrassed to say that political parties have a huge role to play in a democracy. We are going around the world, not only lecturing, but helping emerging democracies. They have a lot to learn from us, so hon. Members should be careful of what they throw away in the interests of victories at future general elections.
My right hon. Friend prayed in aid Merseyside, but he should not take that argument too far, because Wirral now has a lot of undersized constituencies, while Knowsley, which I represent, has a very large one. It does not always work out perfectly.
My right hon. Friend makes my point for me. There will be many people who are unhappy with how boundaries are drawn up—there always have been, and there always will be—but having a fair process at least makes people believe that they are involved in how boundaries are redrawn. If he is this disgruntled with the old system, let us imagine how he will feel if the only chance to object is by a written submission in a 12-week window that he might not have heard about.
My right hon. Friend needs to realise the fact that, because Wirral ended up with undersized constituencies, one constituency in Knowsley disappeared altogether. It was not done as a nice statistical exercise. It was basically done on the prejudices of the people of Wirral, who did not want to be seen to cross the river and be considered as part of Liverpool.
As somebody who does not get the chance to go to Anfield as much as he would like, I take my right hon. Friend’s point. I am happy for him to invite me up and show me the consequences of the changes made.
The Bill’s new inflexible rules and proposals for an arbitrary reduction in the number of constituencies will mean that the situations I have illustrated will occur in many more areas. At exactly the point when public inquiries will be at their most valuable, the Government are proposing to abolish them. Even those who hold reservations about the workings of public inquiries concede that now is not the time to end their use—quite the opposite in fact. Professor Ron Johnston told the Political and Constitutional Reform Committee:
“where public inquiries had a big impact from what the Commission initially proposed to the final solution was where either a seat was being added to a county or being taken away and then everything was up for grabs and, not surprisingly, there was much more fighting over it”.
He continued:
“that is an argument for having public inquiries this time because you are drawing a totally new map with new constituencies and nearly everything will be different…This time you are going to have much more where the local people are going to be concerned because suddenly the pattern of representation is going to be very different from what they have been used to for a long time.”
Importantly, Professor Johnston’s view was echoed by Robin Gray, the former chair of the Boundary Commission for England, who told the Select Committee:
“Particularly with this first round I can see there is a real need for public inquiries particularly to enable those who are interested, political parties and others, to actually argue this through because there are going to be big changes”.
He made another important point. He noted that the main responses under the new system will come in shortly before the end of the 12-week deadline, which means that participants will not necessarily know the counter-proposals made. The main benefit of inquiries is that all those with an objection feel that they have had an opportunity to be heard, and can understand the arguments against them and why they might be unsuccessful.
My right hon. Friend is making a powerful speech about this travesty of democracy. Can one imagine what the Minister responding to this debate would have said about the proposal were he in opposition? He would have been the most vehement opponent of this denial of democracy. He should be thoroughly ashamed that he is willing to justify what is before us.
Given parts 1 and 2 of the Bill, one has to ask what sort of shabby deal was made in those five days when this Government were being formed. It is clear from the history of our country and the way in which reforms have been made that, for big constitutional change, parties either have a mandate from their manifestos or try to reach a consensus across the Chamber or between the two Houses. No such attempt has been made in this case. The Government are rushing through some of the biggest changes in my political lifetime for the sake of expediency. My hon. Friend was very temperate in his comments.
May I point out to my right hon. Friend the inconsistency in principles at work here? In Wales, we are currently redrawing the local authority boundaries. We are able to make submissions and have hearings. Some people are happy and some are not, but at least they feel that they have had the opportunity to be heard. Many Lib Dem and Conservative local associations have made submissions to that process, and that principle has been accepted by everybody, because they have had that opportunity. What is being proposed is the electoral equivalent of a poll tax, and it is going to bite some people on the bum.
One of the reasons why we have a Public Gallery and open democracy is that people can see democracy at work, even though they may not like what we say or how we vote. One of the reasons why we have open trials is to have open justice, so that people can see what happens in a trial. Not only does due process lead to better results; it also leads to people feeling that they get a fair hearing. In just five months, these guys on the Government Benches have been willing to bulldoze through some of the biggest changes in our lifetimes for the sake of stitching up the next general election.
We have heard terms such as “denial of democracy” and “inconsistency” in recent interventions, but in a democracy should not everyone ultimately have an equal vote, which should not be decided by special interest groups or the intervention of political parties?
The way it works in a democracy is that candidates stand on a manifesto and people vote for that manifesto, so that those representatives have a mandate. What is not democratic is for two parties to come up with a deal behind closed doors over five days, with no mandate from the British public, and after the election to change their views from what they had wanted to do before the election. Neither of the two parties in government talked about getting rid of public inquiries or about 300 seats, so the hon. Gentleman should ask himself whether he is proud to vote as he will in an hour and a half, to abolish public inquiries.
For the avoidance of doubt, and to answer the important point raised by the hon. Member for South Staffordshire (Gavin Williamson), I do not disparage the active part that political parties play in the inquiry process. It is entirely natural that they are involved and that inquiries are more effective as a result. Indeed, that is what we encourage in emerging democracies.
I actually asked the right hon. Gentleman how many of the changes in question had been the result of proposals put forward by a political party. I wonder whether he has an answer to that.
I will go one better. In a few moments, I will cite for the hon. Gentleman not what I think, but what assistant commissioner Nicholas Elliot QC concluded after he had heard evidence from political parties.
In the fifth review, both Labour and the Conservatives presented carefully researched and reasoned cases to the boundary commissions. That enabled proper arguments and options to be presented to the assistant commissioners. That was hardly illicit manipulation of the process; rather, it was open and transparent, and there was an inquiry. I ask the question: how open and transparent will the process be if people only get to write in and do not have an inquiry, where the public can see what representations are made? It is far better for political parties to get involved than just to have a rigid mathematical formula to decide how seats are drawn up.
It is important to highlight the fact that oral representations in a public inquiry will be taken away. Like me, my right hon. Friend is a solicitor. Do oral hearings not very often illuminate far more than written representations ever would, so that all parties, including the person who holds the inquiry, learn much more through that process?
I advise my hon. Friend to be very careful with this coalition Government. In five months, they have got rid of the local public inquiry for the sake of expediency. God knows, next year they may get rid of the right of appeal to the Court of Appeal and just rely on written representations. They may think, “This democracy malarkey is just too expensive. Let’s just have written submissions and then have a vote in our constituencies rather than turning up and having a debate and arguing the pros and cons of an issue.” I am astonished that hon. and right hon. Members on the Government Benches, who should know better, are taking through this shabby piece of legislation.
Another criticism, which came from the hon. Member for Epping Forest, is that the local inquiry takes too long. The final and most lengthy inquiry, the fifth review, was in Greater Manchester and took more than two weeks. The assistant commissioner, Nicholas Elliot QC, made the following observation:
“The advantage, sitting as an Assistant Boundary Commissioner, is that one gets from the two major political parties that they equally look at the overall picture in somewhere like Greater Manchester where it has to be done, whereas others examine it from their own perspective. The difficulty of the Assistant Commissioner is that you do have to look at the overall picture, and it is only those two major political parties who do provide very, very great assistance in trying to come to what may be the best or worst answer.”
It is good to use Manchester as an example when one talks about public inquiries. South Manchester has the highest concentration of university students in western Europe. Is not one of the anomalies that boundary commission inquiries might need to take evidence on the fact that university students will be able to register in two locations? Therefore, there will not be equal-sized constituencies. What we will have are university constituencies with a significant number of dual registrations. There could be as many as 15,000 people who are dual-registered and choose to vote in their other constituency. The concept of equal votes in equal constituencies is thrown out of the water. Is that not the sort of thing that the boundary commission, even with this rotten legislation, would want to have a look at?
Order. As the right hon. Gentleman rises to answer that intervention, may I remind him that he is supposed to be addressing his remarks to the Chair, and not to have his back to the Chair?
It is with pleasure that I address the Chair, Madam Deputy Speaker. May I tell my hon. Friend that one of the important things about an oral inquiry is the fact that such points can be teased out. The ability of the assistant commissioner to tease out and uncover points is hindered by written submissions. My hon. Friend raises a serious point.
The tradition of boundary reviews is that they tend to be politically uncontentious. All those with an interest—political parties, local authorities, community organisations and individuals—have the opportunity to participate. The commissioners adopt the recommendations of assistant commissioners only because they believe them to be improvements on the proposals. Such recommendations come not from the political parties, but from the assistant commissioner after he or she has heard evidence from the community. Political parties are part of that community—I am proud to be part of that community— and the same judgments are unlikely to be reached based solely on a written consultation. The inquiry allows all those with an interest to comment not only on the commissioner’s proposals but on those of others, so that all counter-proposals are tested in the same way. Such transparency and engagement is what gives legitimacy to the boundary review process. This Bill, with clause 15 left unchanged, would remove the opportunity for the public to have a meaningful say over the reform process and would replace a transparent system with an opaque one.
My right hon. Friend will know individuals who never put pen to paper and who do not have the capacity to articulate their views in written form, but who can stand up and speak eloquently for their communities at a public meeting and turn an argument on a dime. Who are we, as parliamentarians, to deny such people the opportunity to have their say ever again? Are the Government arguing, rather, that those people should go to the offices of their MPs or councillors and sit with them while they write out their complaints?
As ever, my hon. Friend makes a good point. Another, linked, point is that assistant commissioners often visit areas under consideration, once they have been pointed out by members of the public or by MPs. Evidence from such senior people is invaluable when recommendations are being made.
It is in the context of the biggest shake-up of constituency boundaries in modern times that the Government are abolishing public inquiries. The next review will be critical for other reasons as well. Concerns are already being expressed about the legitimacy of the next election.
Does my right hon. Friend accept that giving primacy to numbers as opposed to community and geography, combined with not having a transparent appeals system, could result in boundaries drawn purely on the basis of political gerrymandering, in the knowledge that those adjudicating on those decisions in private will not be required to take account of geography, community, culture or history and will therefore accept what could simply be bizarre drawings for the party political advantage of the Government?
My hon. Friend’s point would have less force if the coalition Government were taking time to ensure that the 3.5 million electors who are not on the register were put on to it, if they were to wait and see what happens as a result of next year’s housing benefit changes, and if they were to wait for the results of next year’s census. They are rushing this Bill through, however, and my hon. Friend’s point has some force.
The Bill will mean that the next election could be held under a different voting system and with 600 constituencies instead of the present 650,—and also a referendum with differential turnouts. Questions are already being asked about the legitimacy of the next general election. Why add to that by taking away due process and natural justice? By taking away the opportunity to hold a public inquiry, the coalition Government are eroding the legitimacy of a system for redrawing boundaries that is the envy of the democratic world.
Surely it cannot be right that in Scotland, at the end of the 10-year period between 2005 and 2015, there will be 25 fewer MPs. That means that 31% of the representatives of Scotland will have been wiped out in that short period of time. What does that say about democracy?
This is what we call the respect agenda. I hope that when those in Scotland have seen the Bill rushed through, the way in which the debate has been stopped—the hon. Member for Epping Forest mentioned “truncated” contributions—and the number of MPs who have not been allowed to make a contribution, they will form their own judgment.
We do not want to stop being the envy of the democratic world, and I commend my amendment to the House. I ask those colleagues who are watching the debate in their rooms to do the right thing and support amendment 15.
I rise to speak to amendments 194 and 195. Before I address them specifically, however, I shall comment on one of the amendments tabled by members of the Select Committee, with which I have a fair degree of sympathy. I must express my slight reservation, however, about the wording of proposed new subsection A2(a) in amendment 205. I am worried that, by asking a boundary commission to publish the criteria it would use in the splitting of wards, we could end up inviting the commission to split wards more than we want. The Bill proposes that wards should not be split, and I think that most Members agree that local government boundaries should not be split. I am worried that that proposal could result in more wards being split than people would want. I would still support that amendment on a vote, however.
Amendment 195 deals with the Government resisting all attempts to keep local inquiries as a general option. Under my proposal, at least Northern Ireland would be allowed the option of holding a general regional inquiry in relation to all the seats in Northern Ireland. This proposal is a fall-back measure.
I want to make it clear that I absolutely support the amendments that would preserve the opportunity of holding local inquiries throughout the United Kingdom. The right hon. Member for Tooting (Sadiq Khan) made a powerful speech in support of preserving inquiries and their important role. I know that other colleagues will propose other amendments to preserve inquiries.
I thought that the hon. Member for Epping Forest (Mrs Laing) was quite disparaging about the role of inquiries, submissions and contributions to inquiries. First, where political parties make shallow, self-serving submissions about boundaries and where specious and spurious claims of local identity and local interests are made, there is no better way of exposing them than local inquiries. By their very nature, local inquiries expose, counter and introduce other realities.
The hon. Lady’s speech was about the rule of arithmetic, and I agree that this is what the Bill is about—the tyranny of arithmetic for boundaries in the future. She says that it does not matter. For her, traditions do not matter; local conditions do not matter; identity does not matter; community does not matter—it is all going to be driven by a numerical imperative that says “one size fits all” and nothing else can be considered. An official of the European Commission would be proud of that mindset. It is exactly the mindset that the hon. Lady usually criticises in the European Commission. As well as backing the “IPSA-fication” of boundaries in the future, she is now backing a European Commission standard that says, “No, we just deal in numerical arithmetic; we see only one size fitting all; we make no concession to local realities or local conditions.”
I do not think that that would be impossible. After all, two tunnels and a bridge run between the two areas, and there is a proposal for a further bridge. I do not think it would be beyond the wit of man, or even my hon. Friend and me, to commute either under a tunnel or over a bridge. The point is that, as I said a little earlier—I do not know whether he was in his place at the time—the consequence of the arrangements is that we have undersized constituencies in the Wirral and oversized constituencies in some parts on the other side of the river.
Is the point not that under the Bill, as drafted—I refer to clauses 11(2) and 11(5)—numbers trump everything? All the points made by my right hon. Friend and by other hon. Friends do not matter a jot, because numbers trump everything.
Yes, and my right hon. Friend may not have realised it, but I am actually supporting his argument. The point I am making is that a public inquiry is able to examine any problems that are thrown up as a result of that, and that is why I am supporting his amendment 15, which would create the circumstances in which public inquiries could still be held.
The Deputy Leader of the House will be aware that the average time taken for a review in the current system is six years. In his new system it will be three years. Bearing in mind that he has conceded that people will still be missed off the electoral register, is not the real reason for the rush that he wants the change before the next general election rather than the one after?
It is hardly a secret that we want a general election based on fair constituencies, and I do not think that is an unreasonable aspiration.
The second reason why we are abolishing the public inquiries is that they do not achieve their purpose. They do not provide the boundary commissions with a good indication of local opinion to aid them in the process of drawing up constituencies. [Hon. Members: “How do you know?”] I will tell Members how I know—academics have been clear on that point for a number of years. Professors Butler and McLean, in their evidence to the Committee on Standards in Public Life in 2006, argued that a faster approach could
“simplify the system without leading to any significant decline in equity.”
Oral inquiries were described by Professor Ron Johnston and his colleagues, whom the right hon. Member for Tooting quoted several times, as
“very largely an exercise in allowing the political parties to seek influence over the Commission’s recommendations—in which their sole goal is to promote their own electoral interests.”
That is why the right hon. Gentleman and his friends like the system at the moment. It gives the power to the parties, not to the public.
The Deputy Leader of the House makes an interesting point and quotes a generalised point that the professor made, but did not he and many other experts also make the specific point that bearing in mind the huge changes that are to be made, this is the one occasion if any when a public inquiry is essential?
No, it is the one occasion when it is absolutely essential that we have the fullest possible consultation process, and that is why we are extending the consultation period for three months, allowing every single person to have their say, not just the political parties that want to turn up at public inquiries. I hope the right hon. Gentleman recognises that.
We did not propose legislation on the Boundary Commission at that point, but we are doing so now, and those are the proposals before the hon. Gentleman. He must look at them and see whether they make sense. I believe that they do.
During our discussions, we have had a flavour of some of the arguments that are put before commissioners in public inquiries. We have had people claiming that constituencies can never cross a river. We have had Members complaining that they cannot have a connection to more than one local authority in their constituency. Those are the sorts of spurious argument that a public inquiry throws out of court every time.
The Deputy Leader of the House quoted Professor Johnston out of context and now has issues with lawyers earning lots of money in inquiries. Will he confirm that Professor Johnston said:
“I can well see people using”
judicial review
“as a reason for addressing the issues that they think they are not able to address because they are not having public inquiries”?
Does the Minister agree with Professor Johnston or does he not?
If each of the boundary commissions does a thorough job, which I fully expect them to, and takes the proper matters into consideration, I do not expect an increase in judicial review. That is my answer to the right hon. Gentleman. He mentions the fact that he is a lawyer and that I do not like highly paid lawyers very much, but I am surprised that he decries the idea of submissions being made in writing rather than orally, because that is a well-known and fundamental principle in law.
The improved process in the Bill will deliver faster reviews. Time-consuming public inquiries that do not bring new arguments to the table and which are dominated by parties attempting to advance their electoral interests are not beneficial in Northern Ireland or anywhere in the UK. I urge hon. Members not to press the amendments.
Order. I understand that the House is excited, but we must hear the point of order.
Thank you, Mr Speaker. We have today debated the remaining stages of a Bill that were not discussed in Committee. The parts we were supposed to discuss today covered a reduction in the number of seats, a change in the way they are distributed, and abolition of local inquiries. We have also had two statements.
We have had no debate on clause 12, which covers Boundary Commission processes and which was not discussed in Committee, and we had less than two hours’ debate today. There were more than 12 speakers who were not called at the end of the debate. Clause 13 ––[Interruption.]
The right hon. Gentleman has made his point, and I understand his concern. He knows that the programme motion is a matter determined by, and in the hands of, the House; it is not a matter for the Chair. The Speaker is always keen to have the maximum debate on matters of concern. The right hon. Gentleman is a very experienced Member, and he has made his point with great clarity. It is on the record, and it will be heard by those on the Treasury Bench: whether it is heeded by others remains to be seen.