Parliamentary Constituencies Bill

Wendy Chamberlain Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Tuesday 2nd June 2020 Commons Chamber

[Wendy Chamberlain (North East Fife) (LD)]

The Government’s general election manifesto made the following commitment:

“making sure that every vote counts the same – a cornerstone of democracy.”

The Government are right. Our votes do not count the same. In December, it took 33 times as many votes to elect a Green MP as to elect an SNP MP—33 to one. That is a staggering inequality right at the heart of our electoral system, so I am very much in favour of making each vote carry the same weight. It seems that Members across the House agree that democratic equality is a matter of importance. To combat that properly, the only response is electoral reform, but I will leave that debate until my time with the Minister next week.

What the Government really mean by making every vote count the same is tightening the boundaries so that each constituency has the same number of potential voters. In principle, that sounds like it makes sense, but the Government’s plans do not achieve that. They propose to base the boundaries on the number of people on the electoral roll. That is not the same as the number of potential electors. Indeed, the Electoral Commission estimates that up to 9 million potential electors are not currently on the electoral roll. As we know, that marginalises groups for whom there are structural difficulties in getting on to the electoral roll. I am hopeful that the Government will consider using the December 2019 electoral roll. We should take advantage of the fact that the upcoming electoral event encouraged people to register and be enfranchised. We should promote that engagement with our process. An obvious solution to all this is automatic voter registration. I do not see why the Government refuse to pursue it. Perhaps they are following their instincts.

The single most important argument for first past the post—I think this is why many Members fail to look at electoral reform in the way that I do—is that Members represent identifiable local communities. I think that Members would agree that if we cannot achieve a sense of local representation, the idea of a one-Member constituency is undermined.

As someone who advocates a proportional voting system, were I to design a flaw in first past the post, it would be this: creating rules so stringent that MPs represent random chunks of the country and so delicately responsive that a tiny change in one part of the country will lead to a ripple effect spreading from constituency to constituency, with completely new boundaries every eight years. I agree that basing the building blocks of seats on wards leads to shotgun constituencies. My own constituency boundary splits the high street in Leven in North East Fife, but at least it is all under Fife Council. During the covid pandemic, I have hugely valued engagement with NHS Fife and Fife Council, as have my constituents.

One of the Government’s manifesto promises is to abolish the 15-year rule on the eligibility of overseas electors, and presumably legislation will be brought forward over the coming Session. They will be able to vote in the next general election, but whether the date of the electoral register used for the boundary review is this year or last, they will not be on it. My colleague, Lord Wallace of Saltaire, has tabled written questions asking the Government to estimate the number of overseas electors, and there is no estimate. We are walking blind into this. We are putting restrictive percentages in place now and then adding in an unknown number of voters at a later point, completely undermining what the Government are trying to achieve. As I touched upon earlier, the incredibly sensitive flexibility conditions will create further upheaval.

I return to where I started: the “Protect our democracy” section of the Conservative manifesto. There are a number of commitments in that section. The Bill represents the first brick in the wall, but clearly, as the issue with overseas voters illustrates, there are foreseeable problems in terms of what comes after. This may be the first brick, but the wall will end up being unstable.

Parliamentary Constituencies Bill

Wendy Chamberlain Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 14th July 2020 Commons Chamber

[Gareth Johnson]

This is perhaps one of the arguments behind keeping to 650 so the actual sizes of constituencies do not change. I have one of the few constituencies in the country that would actually have lost voters, even under the 600 formula, so there are a lot of differences between hon. Members’ constituencies.

I would ask that the Labour party supports this Bill as it goes through Parliament. The only thing in the Labour party’s manifesto about boundary changes was changing from 600 to 650. It has got what it asked for, and therefore should be supportive of the Government on this particular Bill.

[Wendy Chamberlain (North East Fife) (LD)]

I shall speak to new clause 3, tabled in my name and those of my other Liberal Democrat colleagues, and the hon. Member for Brighton, Pavilion (Caroline Lucas).

The Government’s rationale for this Bill is that they want to make every vote count equally, and we have heard that. I pointed out on Second Reading that an electoral system in which a Government can win a majority of seats in this House without a majority of votes is one in which votes can never count equally. What the Government really mean is that they want to ensure that constituencies are more or less equally sized. I think there is broad agreement across the House that, within our current electoral system, there are good reasons to do this, although there is clearly disagreement about just how strict that equality should be.

While we have spent much time discussing how much equality there should be between constituencies, we have not really addressed what I believe is a fundamental question: equality of what? That is why I have tabled my amendment. The legislation, as it currently stands, says that there should be equality between the electorates of different constituencies, and that equality should be determined as a proportion of the electorate of the country.

That is not the only option available. New Zealand, for example, uses the census to determine constituency sizes, and I am sympathetic to this. We provide public services to everyone in our constituency, regardless of whether they are eligible to vote or indeed registered to vote. However, my new clause does something else: it redefines what “electorate” means for the purposes of this Bill. Currently, the electorate within the scope of the Bill means all those people on the electoral roll. I would expand this definition. My amendment would include all those who are eligible to vote, not just those who happen to be on the electoral roll at the time of the review.

According to the Electoral Commission, over 9 million people who are eligible to vote are not currently on the electoral roll. I would suggest to the hon. Member for Heywood and Middleton (Chris Clarkson) that these are not necessarily people who choose not to vote. Our electoral register is incomplete by a large amount. That is a huge problem for our democracy, and it is a problem for this Bill and for what the Government hope to achieve by it, for how can we say that this Bill makes constituencies equal sized when it is based on an incomplete register that misses out nearly 20% of eligible voters? It is easy to think up examples. Two parts of this country may well have an identical number of eligible voters, but one local register may be more complete than the other, and as a result one part of the country counts for more than the other when it comes to the boundary review. That will be the reality when this review takes place.

This also raises questions about the value some Members are placing on this 5%. We must also remember that, by the time of the 2024 election, voters who have lived overseas for more than 15 years will, according to this Government’s manifesto, also be eligible to vote. This is a move that I and my party welcome, but it is another reason why the boundaries that this review will create will never be truly equal. They are out of date before they are even used for the first time.

The most concerning thing, however, is that the 9 million who are eligible to vote but not on the register are not just a random collection of individuals. The groups who are disproportionately likely to be eligible to vote but not on the roll include young people, renters, those for whom English is not their first language, and black, Asian and minority ethnic communities. As far as I am concerned, this is a total failure of public policy. Since the murder of George Floyd back in May, we have collectively reflected across this House on the fact that the structures and institutions that make up our society too frequently produce inferior outcomes for those people who are not white. Every Member of this House should be incredibly concerned about the fact that if someone is black, they are disproportionately unlikely to appear on the electoral roll. We are about to carry out a boundary review that will disproportionately exclude BAME people from being counted. That surely is not right.

That is the problem my new clause seeks to address. It would mean that the fact that our register is incomplete does not make a difference because the Boundary Commission would consider these potential electors too. It is entirely possible to treat 100% enrolment as an achievable goal.

Within this country, in Northern Ireland, there is a far more concerted effort to ensure that those in sixth forms and colleges are put on to the electoral register just as they turn 18. I welcome such assisted registration measures, which should be considered throughout the UK. The Government should accept that the annual canvass fails to register a huge number of people. Automatic voter registration is used in many countries, and it is an issue that the hon. Member for Bradford South (Judith Cummins) raised in her ten-minute rule Bill recently. Just last week, the Lords Select Committee on the Electoral Registration and Administration Act 2013 found the same thing. It said that completeness of the register had not improved, and it proposed automatic and assisted registration as well as ways to reduce duplicate applications. We have to be doing more on this issue, and I hope that the Minister will offer assurances during her winding-up speech that the Government are willing to engage with this issue.

Parliamentary Constituencies Bill

Wendy Chamberlain Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 10th November 2020 Commons Chamber

[Wendy Chamberlain (North East Fife) (LD)]

Does the hon. Member agree with me that, arguably, having such a narrow tolerance could create a butterfly effect, whereby a housing development in one constituency might then tip it over the edge? In fact, we are looking at two thirds of the current constituencies being changed as a result of this strict limit.

[Cat Smith]

Indeed. The hon. Member is right about the butterfly effect, because of course we cannot change one parliamentary constituency without having a knock-on effect on all the neighbouring constituencies too.

The truth is that constituencies should look like communities. I thought that point was made very effectively on Second Reading by the right hon. Member for Basingstoke (Mrs Miller). I hope she does not mind if I quote what she said then:

“Constituencies should not just be numerical constructs; they should be constructed for communities first and foremost”.—[Official Report, 2 June 2020; Vol. 676, c. 804.]

I completely agree.

--- Later in debate ---

[Andrew Bowie]

It is a privilege to follow my hon. Friend the Member for Heywood and Middleton (Chris Clarkson) and his passionate defence of the Government position and opposition to the majority of the Lords amendments. It is also a pleasure to join so many of my colleagues in sending best wishes to one of the most liked Members of the House, my hon. Friend the Member for Norwich North (Chloe Smith). We send her our best wishes for a speedy recovery and we cannot wait to see her back at the Dispatch Box. I will not start to compare the performances of Ministers in Her Majesty’s Government, but I am sure that the Leader of the House would agree that she would have given a stellar performance at the Dispatch Box today to which he could only aspire.

What we are trying to do today is based on two fundamental principles, those of fairness and equality. This Government and the Conservative party believe that every vote in this one nation, this United Kingdom, should, as far as is possible, count as much as the next. It is essential if we are to stand here with any semblance of respectability in the eyes of the public that they know that we are here with as much right as the next Member of Parliament, representing, as closely as is possible, the same number of electors as the next person in here. That is the aim of the Bill and it is why we are driving towards a new boundary review.

In Scotland’s case, such a review is nearly 20 years overdue. My beautiful West Aberdeenshire and Kincardine constituency came about as a result of the 2004 boundary review Scotland process. My constituency’s population has increased from 81,000 in 2004 to 97,000 today, with the electorate increasing from about 61,500 to 72,000. Although that places it slap bang in the middle of the range the Bill proposes, it shows the difference between where we are now and where we were 20 years ago and how out of date the current boundary proposals are. The situation in my constituency is nowhere near that of Linlithgow and East Falkirk, which now has 86,000 electors, whereas Glasgow East has about 54,000. [Interruption.] Sorry, I meant Glasgow North, and I apologise deeply to the hon. Member for Glasgow East (David Linden). We can therefore see that this Bill is much-needed.

As I say, the Bill is about equality and fairness. On Lords amendment 7, although the difference between 95% and 97% might not seem much on the face of it, it poses a huge difference in the size of constituencies. We are talking about a 15% tolerance; it would not be just 7.5%, but 7.5% either way, and so the difference would be 15%. That could allow some constituencies to have up to 78,000 electors, which is slightly above where mine is, and others to have as few as 67,000. Surely, any Member of this House would see that as unpalatable and unfair, and something we should combat.

I am going to move on quickly to Lords amendment 8, as I know we have a lot of speakers and we need to get through this. Everybody in this House who is involved in the democratic process, at whatever level, wants to see higher turnouts in elections and more engagement in the political process, but it is also a right of any citizen in this country to choose not to take part in the political process. Although the right hon. Member for Warley (John Spellar) might have been right to say that it is an offence for someone not to return an electoral registration form if they have been sent one, it is not an offence not to volunteer to go on to the electoral register. It is up to us all to encourage people across this country to get involved, to register, to vote or to join a political party, but it is surely not incumbent on this Government or any Government—in fact, I think that it would be a rather dangerous path to go down—to insist that every single citizen in this country is automatically put on the electoral roll. I think that would be dangerous and damaging, and as I have said, it is a fundamental principle that people get to choose whether or not they engage.

I will finish where I began. This is about fairness and about equality. This Government are determined to make sure that every voter in this country counts for the same as the next one, and that is why I oppose the Lords amendments, with the exception of Lords amendment 2. I support the Government’s position in trying to get this Bill through as quickly as possible. It is a simple and necessary Bill, and one that is very much overdue.

[Wendy Chamberlain]

May I start by re-echoing the comments of Members from across the House in wishing the Minister for the Constitution and Devolution well at this difficult time? I hope her treatment progresses well.

I would like to speak in favour of all eight Lords amendments. The Bill has been much improved since it left the House back in July, and I am pleased the Government have supported Lords amendments 3 to 5, but I am particularly keen, in the time I have, to touch on Lords amendments 7 and 8.

On the flexibility quota, all the evidence suggests that a 5% quota will lead to huge upheaval. Just one in five constituencies will remain the same and about two thirds risk being changed completely. That presents a huge change to our parliamentary map, as we head into 2024, which we all know is just over three years away. An end to the pandemic might be in sight, given yesterday’s good news, but the economic damage will still be being felt in two years’ time, so I ask whether it is responsible to unleash a wave of reselection battles between Members of Parliament—although likely to be on the Government side of the House—once the new boundaries have been unveiled and many MPs find that their constituency has been significantly changed. The 2013 boundary review caused such disquiet that it was rejected by this House for exactly that reason, and the report from 2018 was not even laid before the House because there was no chance it would have been passed.

On the automaticity conditions in the Bill, Members must realise that this is really the last chance to scrutinise the Bill as it stands. Once the touch paper is lit, that is the end of our role in this process.

Today, on Report and on Second Reading, I think proponents of both the 7.5% and 5% flexibility conditions have been mischaracterised. Some Members are talking as though 5% is the ideal of electoral equality, while 7.5% is at exactly the other end of the scale, but the truth is that they are variations on a theme: 5% will not mean complete equality between voters, and 7.5% will not mean that voters in one constituency have far more of a say than those in another.

On Second Reading, the right hon. Member for Basingstoke (Mrs Miller), who is no longer in her place, pointed out that her constituency has 83,000 electors, while mine has 61,000. There is significant variability in my own constituency related to the University of Saint Andrews and the registration of students at their term-time addresses, but it is right that inequity should be addressed, and there are many more examples across the country of similar cases.

It is important to remember that whether we adopt 5% or 7.5%, the constituencies I have mentioned, including my own, become more equal, but there will still be variation under either quota, and we account for that variation because we accept that strict numerical equality is not the only basis on which to draw up constituencies. We recognise that other factors are important and should be taken into consideration, such as language, geography, cultural ties, and these are all on the statute book. For a small handful of constituencies, we judge these factors to be so important that we have decided that numerical equality should not apply to them at all.

One of the arguments regularly put forward in relation to first past the post is the politics of place. Strict numerical equality arguably makes that much harder to achieve. I would argue—I know you are conscious of time, Madam Deputy Speaker—that if we want to achieve politics of place and equality of voters, we should look for a more representative voting system in the first place. I find it strange that the Government are insisting that, for the rest of the country, we should impose numerical equality so strict that it will be difficult for the Boundary Commission properly to take these factors of geography and cultural ties into account. That is not just the view of Opposition Members. I note that the 7.5% condition is included in the Private Member’s Bill of the hon. Member for Wellingborough (Sir Peter Bone), no doubt because he recognises the disruption that 5% will cause to such a high proportion of existing boundaries.

We must ask how important those ties are compared with the goal of numerical equality. Not only will 7.5% prevent excessive disruption, but it will allow the boundary commissioners better to account for those other factors. Given the arguably small difference, which is within the norms mentioned by the Leader of the House, that seems like a reasonable compromise.

Secondly, I wish to discuss Lords amendment 8, a cross-party amendment tabled by Lord Shutt of Greetland, which received significant support in the other place. As hon. Members have mentioned and are aware, the Liberal Democrat peer Lord Shutt sadly passed away at the end of October, just a few weeks after steering this amendment through the House of Lords. David was a no-nonsense politician and a proud Yorkshireman and was passionate about democracy and electoral reform—displayed through his excellent chairmanship of the committee that considered the Electoral Registration and Administration Act 2013. Its report originally recommended this amendment. It is fitting that, as a Liberal Democrat, his last political act was championing the representation of young people. His friends and family, including many people across the Houses and parties, will miss him dearly.