Legal Advice: Prorogation

Sam Gyimah Excerpts

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

The hon. Gentleman really needs to listen more closely to what I say. The Supreme Court was perfectly entitled to reach the view it did. It did so by reasoned decision making and it was entirely within the scope of its jurisdiction, but there is no question but that in doing so it developed the common law. That is all I have said, and that is what courts often do.

[Mr Sam Gyimah (East Surrey) (LD)]

It is not fear of the electorate that drives some of us in this House, but our determination to do the right thing by our constituents and the country against a Government who are determined to deliver Brexit at any price. Government Ministers have said today that somehow the judgment handed down by the Supreme Court could be disputed by other parties, but they never say which aspects of it they disagree with and on what basis. When Ministers cast doubt on this judgment, what exactly do they disagree with and why are they saying it in public?

[The Attorney General]

The hon. Gentleman asks why Ministers might contest parts of the judgment. There is nothing wrong with the Government, the hon. Gentleman or any member of the public seeking to argue that parts of the judgment were either mistaken or poorly reasoned. I would not necessarily agree with that, but there is no harm in people doing it, because that is part of democratic debate. What is wrong, and what I deplore and urge all Members of this House not to do, is to impugn the motives of those who make the decisions. These are fine judges who reach their decisions impartially on what they think is the best view of the law. I have no doubt that that is what the Supreme Court did in this case.

I am not going to go into all the areas of the judgment that are fragile or vulnerable to alternative arguments. The arguments of the Government were set out in writing. The judgment of the Lord Chief Justice in the divisional court was brilliantly reasoned and was, in the Government’s view, entirely right, but the Supreme Court chose to disagree with it.

Section 1 of the European Union (Withdrawal) Act 2019

Sam Gyimah Excerpts

Tuesday 9th April 2019 Commons Chamber

[Matthew Pennycook]

I entirely agree with my right hon. Friend. Events have clearly overtaken us since the European Union (Withdrawal) Act 2019 was first conceived, with the Prime Minister having already written to the President of the European Council indicating her intention to seek an extension until 30 June. As I have said, we wholeheartedly support the Government’s efforts to secure one; indeed, that is vital if we are to avoid a disastrous no deal. We would expect the Government to agree to any reasonable extension beyond 30 June, and the Opposition would support accepting that proposition.

As we have argued consistently, however, any extension must be for a worthwhile purpose, and the length of the extension must flow from that purpose. The public will not forgive the Government if an extension is sought and agreed under the pretence of efforts to secure cross-party compromise, but for Ministers then to use the time secured in a vain attempt to find a way to force this House to accept the same flawed deal that has been voted down on three occasions.

[Mr Sam Gyimah (East Surrey) (Con)]

Will the hon. Gentleman give way?

[Matthew Pennycook]

I will give way one final time, because I know that many Members wish to speak.

[Mr Gyimah]

I thank the hon. Gentleman for making the right decision to give way. Is it not about time that we accepted that the strategy the Prime Minister has pursued up until now is a failed strategy, that there is no majority in this House for the deal, and that being pressured at the last minute to cobble something together that is divisive in the House is not the right approach either, given how irreversible and momentous the decision in front of us is? We should embrace the opportunity of a longer extension to pause and reflect and to get the right deal for our country.

[Matthew Pennycook]

I entirely agree with the hon. Gentleman that this is a failed strategy. As I will come on to say, for any viable proposition to be accepted, there has to be real movement from the Government. It was on that basis that the Opposition agreed to substantive talks with the Government in the national interest.

As you will be aware, Sir, a further round of talks is taking place as we speak, and we will continue to engage with them in a constructive spirit. However, the talks will inevitably fail if the Government are not willing to countenance fundamental changes to their deal. It is futile and, frankly, patronising to right hon. and hon. Members across the House to be told that if we only understood the Government’s deal properly, we would realise that the concerns we have expressed to this day are unwarranted.

If a stable majority is to coalesce around a single unified approach, it will require genuine compromise, as the Solicitor General said. It will also require honesty from the Government about where legitimate differences exist, how they might be bridged in an overhauled political declaration, and how this House would entrench any changes that might be agreed so that they cannot simply be ripped up by whichever of the expanding field of candidates eventually succeeds the Prime Minister, as well as about the requirement for seeking public approval for any agreement that might emerge at this late hour by means of a confirmatory referendum.

Oral Answers to Questions

Sam Gyimah Excerpts

Tuesday 10th February 2015 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

2. What recent assessment he has made of the effect of his policies on the completeness of the electoral register.

[The Minister for the Constitution (Mr Sam Gyimah)]

I am pleased to report that the implementation of individual electoral registration is proceeding smoothly. [Laughter.] We have safeguarded the register by automatically transferring nine out of 10 existing electors on to the new system, and by ensuring that no one registered to vote at the last canvass will lose their vote in May. More than 5 million people have registered to vote since May; there have been more than 1 million applications since December; 35,000 people per day are registering on the Government’s new online system; and 166,000 people registered to vote on national voter registration day. In addition, the Government have invested £14 million in the completeness and accuracy of the register, working with local authorities and national bodies.

[Kevin Brennan]

I missed the beginning of the Minister’s answer because of the hilarity it caused in the House. I understand that 1 million people have been lost from the register in the past 12 months. I asked him about the completeness of the register and the impact of his policies on that. Despite his very long previous answer, can he add anything that is pertinent to the question I asked?

[Mr Gyimah]

Absolutely. The hon. Gentleman revels in his 2011 nomination for the Total Politics Labour point-scorer of the year. In fact, he has plastered the information all over his website. To answer his question specifically, since December, 1.3 million have been added to the register. Each day and each month, more people are being added to the register, so it is about time the Labour party stopped creating fear and uncertainty where there is none.

[Bob Blackman (Harrow East) (Con)]

15. What measures is my hon. Friend taking to ensure that people who live overseas and wish to register to vote are able to do so? Equally, has he taken account of the fact that people who have lived overseas for longer than 15 years should also have the opportunity to vote in this country?

[Mr Gyimah]

My hon. Friend asks a very good question. With the introduction of online voting, people who live overseas can register to vote more easily. We have made it easier for them as they do not now need another British citizen to attest to their citizenship before they register to vote. There is no consensus within the Government to change the 15-year rule at the moment, but, as he well knows, the Conservative party’s manifesto pledge is that, when elected after 7 May, we will get rid of it.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

14. In 2010, the Deputy Prime Minister talked about the need for the biggest shake up of democracy since the Great Reform Act 1832. As my hon. Friend the Member for Cardiff West (Kevin Brennan) said, is not the reality that, instead of extending the franchise, millions of voters are being lost from the electoral register, including 4,000 from my own constituency. Will the Minister agree to delay IER implementation? If not, why not?

[Mr Gyimah]

The hon. Lady talks about the register. Let me make it clear: Electoral Commission data show that 3 million people were missing from the register in 2000. By 2011, 7.5 million people were missing from the register. The deterioration of the register happened when the Labour party was in government. IER is part of the solution to get the register right. Under the old system, people moved house but the register did not. With online registration, we are making it simpler and easier for people to get on the register. That is how we will ensure that more people get on the register.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Will the Minister join me in welcoming the initiative, by Facebook and the Electoral Commission, to contact 35 million users of Facebook and encourage them to register online? Does he agree that this sort of innovative approach will lead to better use of online registration?

[Mr Gyimah]

My hon. and learned Friend is absolutely right. The way forward for the completeness and accuracy of the register is not to go back to the old system of block registration—I know the Labour party likes its block votes—but to use initiatives, such as using Facebook, to market to the vast majority of the British public who should be on the register but are not.

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

I join the Minister in welcoming the huge success of national voter registration day. Will he join me in praising the brilliant work of Bite the Ballot, which organised national voter registration day last week? If we are to maximise the number of young people on the register, will he think again about extending the Northern Ireland schools initiative so that it applies in the rest of the United Kingdom?

[Mr Gyimah]

The Northern Ireland schools initiative was introduced after the introduction of IER, when Northern Ireland did not have the annual canvass, and voter registration rates plummeted to about 11%. In contrast, in the rest of the UK we moved to IER, but nine out of 10 electors are on the register. Specifically on schools, we are funding national organisations with experience of working with schools and getting attainers on to the register. I know the Labour party would like us to introduce some kind of duty on schools, but that would increase the burden on schools. We can do this through national organisations and electoral registration officers, who know their local area. In some local areas, the issue will be to do with the elderly population; in others, it will be to do with young people. There is no need for a legislative sledgehammer. We should leave it to EROs, who have a duty to maximise their local registers.

[Stephen Twigg]

The Minister says it would be a burden on schools, but I spoke to the Association of School and College Leaders, which represents school head teachers. It says that to have such a scheme would be “easily organised” and deliver real benefits. The Northern Ireland electoral registration officer says that the schools initiative has been

“very successful in improving the rate of registration amongst young people”.

The Minister talks about nine in 10 being carried across. That is right, but the one in 10 are disproportionately students and young people. Why is he so afraid of getting more young people registered to vote in this country?

[Mr Gyimah]

If it is so easily organised, as the organisations the hon. Gentleman spoke to have said, then we do not need legislation. As I said, every local area would have differing circumstances as far as the register is concerned. What we do not want is EROs spending their time having to go to schools because of legislation, when to maximise the register in their areas they should be going to care homes and talking to elderly people.

[Sadiq Khan (Tooting) (Lab)]

What are you scared of?

[Mr Gyimah]

The shadow Justice Secretary asks me what I am scared of. What we know is that the Labour party is not against IER. Labour Members are pretending in this House that they are interested in students and young people when they are not. It is all about the block vote—that is what they want.

[Nick Smith (Blaenau Gwent) (Lab)]

3. What steps he is taking to address low levels of electoral turnout.

[The Minister for the Constitution (Mr Sam Gyimah)]

The low levels of electoral turnout are an important and long-standing issue. Turnout was 78% in 1992, it declined steadily to 61% in 2005, and it rose to 65% in 2010. The Government’s responsibility is to ensure that everybody eligible to vote is on the register—because if someone is not on the register, they cannot vote—which is why we are committed to maximising the register. However, it is the responsibility of politicians to set out an attractive offer that makes people want to vote, so the job of increasing turnout is a job not for the Government but for all of us in the House.

[Nick Smith]

Does the Minister believe that holding elections on Thursdays best maximises voter turnout?

[Mr Gyimah]

I have seen several proposals—some argue that moving elections to weekends would somehow increase turnout, others argue for compulsory voting—but the answer is not to introduce new processes and systems, but for us politicians to engage and excite the electorate. The huge turnout for the Scottish referendum had nothing to do with the day on which it was held—in fact, I think it was held on a Thursday.

[Mr David Nuttall (Bury North) (Con)]

I am pleased to hear my hon. Friend restate that it is the job of politicians and those who stand for election to enthuse voters and persuade them to vote. Does he agree that we should never blame voters if they choose to exercise their right to stay at home and abstain?

[Mr Gyimah]

We want everyone in the country to have a say in who governs them, and we would encourage all people to vote, but it is the job of politicians to do so, not the Government.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

On electoral turnout, does the Minister think he can learn from the Scottish referendum and that the non-delivery of the vow will increase turnout, as Scots vote for a strong SNP voice to counter the failure of the three parties, the three amigos, at Westminster?

[Mr Gyimah]

I know that the hon. Gentleman would like to rewrite history, but there was a decisive result in the Scottish referendum, and the vow has been delivered completely and faithfully.

[Rehman Chishti (Gillingham and Rainham) (Con)]

4. What assessment he has made of progress on implementing Medway’s growth deal.

--- Later in debate ---

[Mrs Mary Glindon (North Tyneside) (Lab)]

5. In how many local authority areas people in more than 90% of households are registered to vote.

[The Minister for the Constitution (Mr Sam Gyimah)]

I am sorry to disappoint the hon. Lady, but data are not available on the number of local authority areas in which people in more than 90% of households are registered to vote. As she is aware, each register is held locally. Aggregated electoral statistics are available from the Office for National Statistics, but these are not broken down by household. However, the ONS will publish its data at the end of February, by which time the Electoral Commission will also publish its assessment of the December register.

[Mrs Glindon]

Ahead of that information being published, will the Minister explain to the House why his Department’s advice to local authorities made such a massive mess of capturing information on voters approaching the age of 18? The evidence suggests a catastrophic collapse in the number of attainers on the register. What will he do about that?

[Mr Gyimah]

I do not agree that a catastrophic mess was made of the system. If the hon. Lady looks at the forms issued by the Electoral Commission to local authorities to get households to input all the names, she will see that it was clearly stated that people under the age of 18 should appear. This was user tested as well. In addition to the write out, electoral registration officers can knock on doors to make sure that people’s names are on the register. We have given EROs everything they need and everything they have asked for to get on the register everyone eligible to vote.

[Mr Andrew Robathan (South Leicestershire) (Con)]

I am sure my hon. Friend would agree that registering involves faith in the political system. I am sure he agrees with me and the Deputy Prime Minister who said on 6 September 2010:

“Fewer, more equally sized and more up-to-date constituencies will help to bolster the legitimacy of parliamentary elections.”—[Official Report, 6 September 2010; Vol. 515, c. 40.]

Does the Minister agree that a failure of the Liberal Democrats, and particularly of the Deputy Prime Minister, to vote for his own Bill in 2013—he voted against bolstering the legitimacy of the parliamentary elections—has led to this diminution of faith in politicians, showing opportunism and political advantage at its worst?

[Mr Gyimah]

I thank my right hon. Friend for his question. Of course we regret going into another election with some constituencies such as Arfon having 38,000 electors and others such as the Isle of Wight having 110,000. Those are not equally sized boundaries, but, as they say, we are where we are.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

6. What the Government's policy is on increasing participation among young voters.

[The Minister for the Constitution (Mr Sam Gyimah)]

For getting young people on the register, I believe online registration makes it quicker, simpler and more convenient. It takes roughly three minutes and it will help get young people on the register. Indeed, more than 1 million applications from young people have been through the online process. We are funding a number of youth organisations who have a share of £2.5 million to promote voter registration among young people. These include the British Youth Council, UK Youth and the NUS. Finally, data sharing goes on at universities where academic registrars have to give data on enrolment to EROs, which is helping to boost registration rates at universities, as we have seen at Sheffield university.

[Mr Speaker]

That was too long.

[Barbara Keeley]

Let me return to the value of enforcing the schools initiative from Northern Ireland, to which the Opposition are committed. As we have heard, it has been instrumental in bringing a 50% increase in the total population of young people on the register, which is really important. Why are Ministers, including the Deputy Prime Minister, who appears not to be answering questions today as he should be, not bothered about this? Why do they mention care homes, but do not want young people to get registered and get into the habit of voting?

[Mr Gyimah]

If we did not want young people to get on the register, we would not be funding the very organisations that have the experience and expertise for getting young people to vote. That is the first point. The second is that the Northern Ireland system was paper-based, but we have an online system spanning 363 local authorities. This is a much superior system for getting young people to register from their laptops, smartphones or tablets and computers.

[Andrew Gwynne (Denton and Reddish) (Lab)]

T1. If he will make a statement on his departmental responsibilities.