Constitution and Home Affairs

(Limited Text - Ministerial Extracts only)

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Monday 7th June 2010

(13 years, 10 months ago)

Commons Chamber
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Jack Straw Portrait Mr Straw
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I do not understand. Either this has been done for partisan reasons—[Hon. Members: “Answer the question!”] Of course, I am going to answer the question—I always do—but I am allowed to answer the question in my own way. The right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) and I have been debating this for long enough. I say to him that either this has been done for the most crude of partisan reasons, or the Government have simply misunderstood how they can establish fixed-term Parliaments and take away the right of the Prime Minister to recommend Dissolution before then. It is very straightforward. We can legislate for fixed-term Parliaments—our view is that we ought to go for four-year, not five-year, Parliaments—and we can also legislate to take away the power of the Prime Minister to recommend Dissolution before then, but what we should not do is legislate to take away the power of the House of Commons to remove a Government. I am afraid that they are doing that on some curious and spurious arithmetic.

In the same speech in which he talked about the 1832 reform Act, about which I have had to correct him, the Deputy Prime Minister also said:

“We are not taking away Parliament's right to throw out Government; we’re taking away Government's right to throw out Parliament.”

That is utter nonsense. It is casuistry in the extreme. We are talking about the Government’s right to throw out Parliament and we are talking about Parliament’s right to throw out the Government.

I remind the House of an excellent article in The Daily Telegraph, inserted by the right hon. Member for Haltemprice and Howden (Mr Davis), in which he says that the 55%-majority plan will “taint” the “New Politics” and that to

“introduce such a measure in this way is simply wrong.”

He goes on to say:

“The requirement for a 55 per cent majority to dissolve parliament, and thereby dismiss a government, dramatically reduces the ability of Parliament to hold the executive to account. It is a major constitutional change, possibly one of the greatest since 1911.”

He also draws attention to what would have happened in 1979, which some of us will recall, when the Government of the day lost their majority by one vote. The then Leader of the Labour party and the Government said that there would have to be an election—it followed like night follows day. People talk about having a period of looking at a coalition in such a situation, but what do they think was being done in the days leading up to that vote but searching for a coalition? It was precisely because one was not available that the Government ran out of numbers and the vote was lost. In that situation, when there had been a vote of no confidence in the Government, the Labour Government could have carried on—they might no doubt have wished to—until the following October, because the 55% threshold would not have been achieved. If that had happened, they would have been in the ludicrous and wholly undemocratic position—

Jack Straw Portrait Mr Straw
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We are not wrong. It is interesting that whenever Ministers have sought to explain this, they have tied themselves in knots. In the very first Adjournment debate of this Parliament, on the day of the Queen’s Speech, the poor benighted Deputy Leader of the House got tied in knots not only by Labour Members but by most of the Conservative Members. I ask the Deputy Prime Minister to spell out how this is going to work and, above all, to withdraw this ludicrous and undemocratic proposal. I say to him, in the full hearing of a packed Front Bench, that the Deputy Leader of the House also put it on record that the Bill would not be guillotined, so that we could forget about programme motions, and that it would be dealt with on the Floor of the House, but it might never come out of the House, such is the controversy behind it.

Constitutional reform is fundamental for any democracy that wants to renew itself and make itself responsive to the needs of an ever-evolving electorate. The Opposition are in favour of reform that will strengthen Parliament and the democratic process, and we will work constructively to achieve measures with that objective in mind. As it stands, this package of proposals contains far too many partisan political fixes, and is not so much new politics as an old-fashioned stitch-up between the two oldest parties in the House. We oppose those changes and I commend my amendment to the House.

Nick Clegg Portrait The Deputy Prime Minister (Mr Nick Clegg)
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I thank the right hon. Member for Blackburn (Mr Straw) for opening today’s debate, which he did at considerable length—so much so that I am increasingly attracted to the idea of time limits on speeches.

The right hon. Gentleman spoke with great knowledge and at times some generosity about our proposed programme. That is no wonder given what we are proposing: a referendum on the alternative vote—a Labour manifesto pledge; the power of recall—a Labour manifesto pledge; moves to reform party funding, fixed-term Parliaments and an elected Second Chamber—all Labour manifesto pledges. In fact, never before will a Government have delivered quite so many of Labour’s election promises. Who would have thought it would be a Liberal Democrat-Conservative coalition that finally got around to doing that?

I recognise of course that the right hon. Gentleman has great authority on those matters. His Government, in their early days, had a clear reformist streak—devolution, freedom of information and progress on Lords reform. Unfortunately, that momentum was lost, but after the right hon. Gentleman’s speech today perhaps that zeal for political reform, which Labour lost in government, will now be rediscovered in opposition.

I have heard the right hon. Gentleman’s concerns, particularly his lengthy concerns about the boundary review, which seem a little coloured by the almost unsettling suspicion that there is a political plot at every turn. I shall seek to address some of his concerns, although I shall leave debate about the merits or otherwise of the 1832 Act to the hon. Member for Stoke-on-Trent Central (Tristram Hunt) and other historians. I shall focus primarily on the constitutional reforms being pursued by the Government, for which I have direct responsibility, although I shall say a few words about some of the issues raised by the Opposition that will be taken forward by my right hon. Friend the Home Secretary. She will pick up those issues later.

On the constitutional side, yes, of course we will need to work out the precise detail of the reforms we are proposing, but I sincerely hope that their underlying principles will bring both sides of the House together. Despite any differences, we all share a single ambition: to restore people’s faith in their politics and their politicians. The Government’s plans will do just that, because our programme turns a page on Governments who hoard power, on Parliaments that look inwards rather than outwards, and on widespread disengagement among people who feel locked out of decisions that affect their everyday lives. This is a moment when together we have a real opportunity to change our politics for good.

Chris Leslie Portrait Christopher Leslie (Nottingham East) (Lab/Co-op)
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Stepping off his moral high horse for just a moment, could the right hon. Gentleman take the time to define the word “gerrymander”?

Nick Clegg Portrait The Deputy Prime Minister
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I do not think anyone in the House, and particularly outside it, would question the value of trying to reduce the cost of Parliament, by making a modest cut in the total numbers. I do not judge the quality of our democracy—nor should the hon. Gentleman—by the simple number of politicians in the House.

Kevin Brennan Portrait Kevin Brennan
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Perhaps the Deputy Prime Minister could clarify the issue I put to my right hon. Friend the Member for Blackburn (Mr Straw) earlier. Can the right hon. Gentleman tell us with a straight face exactly how he alighted on the figure of 55% rather than 54%, 56% or even 66% in his proposals? What was the logic of 55%—straight-faced?

Nick Clegg Portrait The Deputy Prime Minister
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I shall come to that in greater detail in a minute. Quite simply, the logic is to stop any single party doing what happens at the moment, which is timing the occasion of a general election for pure party self-interest. That is what needs to be removed if we are to have proper fixed-term Parliaments. The hon. Gentleman, if he agrees with his Front-Bench colleagues, supports fixed-term Parliaments, yet he has absolutely no proposals on how to implement them in practice.

None Portrait Several hon. Members
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Nick Clegg Portrait The Deputy Prime Minister
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I should like to make progress and then I will give way again.

First, we need to relinquish Executive control. The Government are determined that no Government should be able to play politics with the dates of a general election. [Interruption.] I am addressing the point that was made. Parliamentary terms should be fixed for five years.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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Will the right hon. Gentleman give way?

Nick Clegg Portrait The Deputy Prime Minister
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Let me make some progress, and then I will give way to the hon. Gentleman. Let him hear me out first.

We need a new right for Parliament to request a Dissolution, taking away the Prime Minister’s exclusive and traditional right to call an election when he or she wishes. The majority required for early Dissolution—set at 55% in the coalition agreement—has clearly sparked a lot of anguish among the Opposition. It should; it is an important decision that will, of course, be properly considered by the whole House, as the legislation progresses. But the Opposition in their amendment today are wilfully misrepresenting how that safeguard will function. Their amendment deliberately confuses that new right with traditional powers of no confidence, which will remain in place intact.

Let me assure the House that we are already conducting detailed work on the steps that are necessary to remove any theoretical possibility of a limbo in which a Government who could not command the confidence of the House would refuse to dissolve Parliament and give people their say. That would clearly be intolerable. Any new arrangements will need to build on existing conventions, so that a distinction is maintained between no confidence and early Dissolution.

Chris Bryant Portrait Chris Bryant
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The right hon. Gentleman referred earlier to hoarding power. Will he explain the length of time that he is talking about—the five-year term—bearing in mind the fact that, since 1832, the average peacetime Parliament has lasted for considerably less than four years, at three years and eight months. Australia and New Zealand have three-year Parliaments. The countries with five-year Parliaments are Ethiopia, Zimbabwe and France. Which is he measuring against?

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Nick Clegg Portrait The Deputy Prime Minister
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The hon. Gentleman normally talks with some knowledge, but he appears to have forgotten that the Parliament Act 1911 instituted five-year parliamentary terms and that the Labour party has just had a five-year parliamentary term. It is difficult for him to see the coalition Government introduce all the changes that he used to talk about and failed to deliver. You had 13 years finally to do something and introduce political reform. We are finally going to go on and do it.

Kevin Brennan Portrait Kevin Brennan
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On a point of order, Mr Deputy Speaker. I apologise for interrupting the Deputy Prime Minister, but could you remind him not to ape the Prime Minister in every respect by referring to the Opposition as “you” in the House?

Hugh Bayley Portrait Mr Deputy Speaker (Hugh Bayley)
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I think that the Deputy Prime Minister knows the form of address for the House.

Nick Clegg Portrait The Deputy Prime Minister
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Yes; I am grateful to the hon. Gentleman for, once again, really picking out the important things in the debate today.

We are also committed to strengthening Parliament by introducing the Wright Committee’s proposals, starting with the proposed committee for the management of Back-Bench business before the subsequent introduction of a House business committee to consider Government business.

Emily Thornberry Portrait Emily Thornberry (Islington South and Finsbury) (Lab)
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Will the right hon. Gentleman give way?

Nick Clegg Portrait The Deputy Prime Minister
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I should like to make a bit of progress if I may.

We also plan to strengthen the Scottish Parliament and the Welsh Assembly, too, by implementing recommendations from the Calman commission’s final report. Equally, Wales will get a referendum on further devolution—a decision that will be taken by the Welsh people.

Ian C. Lucas Portrait Ian Lucas (Wrexham) (Lab)
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The right hon. Gentleman says that there will be a referendum in Wales on the All Wales Convention’s proposals. Does he support a yes vote in that referendum, and do the Government support a yes vote in that referendum?

Nick Clegg Portrait The Deputy Prime Minister
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Yes, the Government do support a yes vote in that referendum. As for the referendum’s timing, as the hon. Gentleman may know, the Secretary of State for Wales and the First Minister are meeting today, with a view to identifying a date—most likely, in the first few months of next year—to hold that referendum.

Here in London, as we strengthen Parliament, we must of course ensure that we have cleaned it up, too. Radical steps have already been taken to put in place a new expenses regime. Although the way that the Independent Parliamentary Standards Authority is working in its early days may be controversial to some hon. Members on both sides of the House, I am sure that everyone agrees that public confidence in how MPs are paid is absolutely crucial. Our personal arrangements should never be so grossly out of step with those of our constituents, and I know that my right hon. Friend the Leader of the House is already talking to IPSA about how we can move away from the generous final salary pension scheme enjoyed by Members of the House.

Expenses were only ever the tip of the iceberg. The influence of big money runs much deeper. It is time to finish what was started three years ago in the cross-party talks on party funding. Every party has had its own problems, but we all now have an opportunity to draw a line under them, so we will seize that opportunity. We will pursue a detailed agreement on limiting donations and reforming party funding to remove big money from politics for good.

Equally, we all remember the outrage felt in all parts of the House at the lobbying scandals that unfolded just a few months ago, before the general election. Much lobbying activity is perfectly legitimate. Much of it serves an important function, allowing different organisations and charities to make representations to Parliament, but it is a process—I am sure everyone agrees on this—that must be made completely transparent. We are committed to ensuring that transparency and we will introduce a statutory register of lobbyists.

Finally, if, once all those reforms are in place, there are individual parliamentarians who still break the rules, we will also guarantee that the House of Commons is not a safe house. We will introduce legislation to ensure that, where it has been proven that a Member has been engaged in serious wrongdoing, their constituents will have the right to organise a petition to force a by-election.

When people have been let down by their MP in that way, they must not be made to wait until the next election to cast their judgment, but I also want to be clear: recall will not collapse into some tit-for-tat game between party political rivals, with parties seeking to oust each other through those petitions. When MPs are accused of doing something seriously wrong, they are entitled—everyone is entitled in the House—to expect a fair and due process to determine their innocence or guilt. That is why I certainly would not be content for a body composed only of MPs, as the Select Committee on Standards and Privileges was, to be the sole route by which we decide an MP’s culpability. That is why we are looking into exactly what would be the fairest, most appropriate and most robust trigger. I shall outline those plans very soon.

Richard Burden Portrait Richard Burden (Birmingham, Northfield) (Lab)
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May I take the Deputy Prime Minister back from recall of MPs to the issue of recall of Governments? I am still not entirely sure that he answered the question asked by my hon. Friend the Member for Cardiff West (Kevin Brennan). I understand the point that the Deputy Prime Minister is making about there needing to be a 50 per cent. majority vote of no confidence. The issue under debate is how that would trigger a general election. Will he explain why the Government appear to have hit on a figure that bears a dramatic resemblance to their own figures and their own strength, rather than the general party balance in Parliament? Why that figure?

Nick Clegg Portrait The Deputy Prime Minister
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I have already explained, and the hon. Gentleman must accept, that, clearly, there needs to be a different figure for the motion of no confidence, which stands, and the figure for dissolution—a new right for Parliament.

I have also explained that, when we table the legislation, we will of course ensure that no Government can fall between those two things—a motion of no confidence and a vote of dissolution. We will, as is the case in many other parliamentary systems, set out how we can avoid a limbo in which a Government do not enjoy the confidence of the House yet a vote has not taken place, or cannot take place, to dissolve Government. That is what we will do. Instead of constantly seeking to see plots around every single corner, driven by a touch of party paranoia, I ask the hon. Gentleman to relax and wait until he has seen the legislation. Then we can have the debate.

Jack Straw Portrait Mr Straw
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Frankly, if these proposals are formed already, the Deputy Prime Minister needs, if I may say so, better to spell out how they would operate. Will he please, for the benefit of the House, explain what would happen following a vote of no confidence? Let us take as an example what happened in ’79—the vote of no confidence. Everybody knew that that would trigger a general election. If there had been a 55% threshold, there could not have been a general election; there would have been limbo. What is his proposal for filling that gap?

Nick Clegg Portrait The Deputy Prime Minister
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The Government are three weeks old. The right hon. Gentleman has rightly pointed out that these are very important matters. We want to get them right. I have indicated today, quite clearly, that this is not just a matter of the vote of no confidence and a threshold for a vote for dissolution, and that we need to fill in the details of the legislation to prevent what I think he is rightly concerned about, which is a Government not enjoying the confidence of the House, yet a vote of dissolution—

None Portrait Several hon. Members
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Nick Clegg Portrait The Deputy Prime Minister
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I should like to make progress. I have said as much as I can and wish to say at this stage on that issue.

The power of recall is just one of a range of reforms intended to shift power directly to the British people.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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The Deputy Prime Minister knows that I approve of and support the power of recall, but I have talked to him about the scope for individual injustice in a scheme that is triggered by something that is not judicial. In his remarks about the power of recall, is he telling us that the triggering procedure, which would currently be the Privileges Committee, would become more quasi-judicial than it is now?

Nick Clegg Portrait The Deputy Prime Minister
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I can confirm that I believe it would be wrong for a Committee that, as constituted previously, is composed only of other politicians, to act as judge and jury for something as important as the trigger that would lead to a by-election and a Member losing their seat. Exactly how we could provide a fairer form of due process so that MPs are not unfairly ensnared in the mechanism of recall is the subject of reflection now. If the right hon. Gentleman or any other Member has any ideas about how we should do this, I should be grateful to hear from them.

None Portrait Several hon. Members
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Nick Clegg Portrait The Deputy Prime Minister
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I shall give way one more time, then I shall make progress.

Tom Harris Portrait Mr Tom Harris (Glasgow South) (Lab)
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I am grateful to the Deputy Prime Minister, who is being very generous. I do not expect that he will be able to represent the whole of the Conservative party in terms of policy, but if the Conservative party is committed to fixed-term Parliaments, can he explain why, during the general election, the Prime Minister committed his party to holding a general election within six months if the Prime Minister was removed? That is hardly compatible with a commitment to a fixed term.

Nick Clegg Portrait The Deputy Prime Minister
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The coalition agreement, which binds the Government as a whole, is very clear that we want to see fixed-term Parliaments. We will table legislation for a fixed-term Parliament. We will table a motion before the legislation is introduced to make sure that the political commitment to a fixed-term Parliament is made completely clear. There is consensus across the whole House on the virtues of fixed-term Parliaments. This is another issue on which the hon. Gentleman and so many others on the Opposition Benches, having failed to introduce this change for the past 13 years, are coming up with a series of synthetic reasons why they should oppose something that they themselves used to propose.

We also want—[Interruption.] I shall make progress. We want people to be able to initiate debates here in the Commons through public petitions, we want a new public reading stage for Bills, we want people to be able to instigate local referendums on issues that matter to their neighbourhoods, and we want people to decide directly if they want to change the system by which they elect their MPs, which is why there will be a referendum on the alternative vote. I will announce the date of that referendum in due course.

Electoral reform should, the Government believe, also include—

Julian Lewis Portrait Dr Julian Lewis
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I thank the Deputy Prime Minister for giving way. He will have heard the answer that the right hon. Member for Blackburn (Mr Straw) gave when I asked him whether it had been the case that the outgoing Labour Prime Minister had offered, during the coalition negotiations, to ram through the alternative vote without a referendum. I am not giving away any trade secrets when I say that Conservative MPs were told that that was the case. The Deputy Prime Minister is in a position to know. Were the Liberal Democrats offered by the Labour party the alternative vote without a referendum? Can he set the matter to rest?

Nick Clegg Portrait The Deputy Prime Minister
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The answer is no. The right hon. Member for Blackburn (Mr Straw) was right. That was not offered by the Labour party in those discussions. The hon. Member for New Forest East (Dr Lewis) is right—I should know whether it was offered or not.

Emily Thornberry Portrait Emily Thornberry
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Does the right hon. Gentleman intend to address the issue of low voter registration? He may well know that on 23 February 2006 in Islington town hall there was an attempt to increase voter registration by the Labour group, which was voted down by the Liberals. After the proposal was voted down, the leader of the Liberal council shouted across the chamber, “That’s how we win elections.”

Nick Clegg Portrait The Deputy Prime Minister
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We believe, as did the previous Government, that we need to introduce individual voter registration. I agree with the right hon. Member for Blackburn that that should be pursued, particularly if it is accelerated, with great care. It is a resource-intensive thing to do. We need to get it right.

The current legislation, which the right hon. Gentleman and others introduced, allows for voluntary individual voter registration to start now, with a view to moving towards a compulsory system by 2015, if I am correct. There is now an issue about whether we want to accelerate that process, but we can all agree that if we do so it must be properly resourced and organised.

I should now like to address the issue that the right hon. Gentleman raised at quite some length: the redrawing of Britain’s unfair electoral boundaries. I completely agree with the right hon. Gentleman that that must be done with care, but he must agree with me that the need for care is not a reason not to act at all. The most recent boundary review in England began in 2000 and took six years to report. By the time the new constituencies were used in the general election last month, the population of one in five constituencies in England was more than 10% above or below that review’s target figure of 69,900. In the most extreme case, we have one constituency that is five times the size of another. That is simply not right. It is the ultimate postcode lottery, whereby the weight of one’s vote depends on where one lives, so I ask the right hon. Gentleman and his colleagues to engage fully with the process as, over the coming months, Parliament has its say on an overall but modest reduction in the number of House of Commons seats.

Jack Straw Portrait Mr Straw
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The right hon. Gentleman refers to the contrast between the Western Isles, with 22,000 people, and the Isle of Wight, with more than 100,000. I do not argue that the Isle of Wight be represented by only one Member, but does he suggest that the separate considerations that have been made for island communities, including separate seats for the Western Isles, for Orkney and for Shetland, be abandoned in favour of a strict electoral quota, as the Conservatives proposed before the election?

Nick Clegg Portrait The Deputy Prime Minister
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I am not saying that there will be a rigid, arithmetical formula which—[Interruption.] No, there will be—[Interruption.] Let me finish. There will be a consistent approach towards the equalisation of constituencies throughout the nation, but of course that approach will need to accommodate some of the specific characteristics and features of the nations and regions of this country. We are now working on how we do that, and of course we will come forward with proposals.

However, I again ask the right hon. Gentleman whether he seriously thinks it acceptable that one fifth of constituencies in England are now 10% above or below the target population figure that was set when those boundaries were last reviewed? Surely he must accept that that issue requires another look, and that it is not wrong to aspire to such a House of Commons, which, in terms of the total number of MPs, is already far, far larger than was originally envisaged.

Nick Clegg Portrait The Deputy Prime Minister
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I give way first to the right hon. Member for Blackburn.

Jack Straw Portrait Mr Straw
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First, on the size of the House, the right hon. Gentleman will know that the number of MPs has gone down a little since 2005, and that, although the size of the House has increased by 3% in the past 50 years, the electorate for which we are responsible has increased by 25% and our work load has shot up dramatically. I regard as completely spurious his argument that there would be some net saving by reducing the total number of MPs, unless our constituents are to receive a far less good service than they receive at the moment.

Secondly, of course we will examine proposals for ensuring that the system can be speeded up, but does the right hon. Gentleman accept that, if future reviews are to be sensible and fair—[Interruption.] If future reviews are to be sensible and fair, they must take account of not only registered electors, but the 3.5 million people who, the Electoral Commission says, are eligible to vote but not on the register.

Nick Clegg Portrait The Deputy Prime Minister
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That is a problem, and that is exactly why the acceleration of the individual voter registration system must be done in a way that successfully addresses that problem, rather than exacerbates it.

The right hon. Gentleman and all his colleagues basically have a choice about the issue of a referendum on the alternative vote and the linked issue of a boundary review. Either he tries to see the issue—slightly neurotically—through the prism of pure party interest, whereby all he wants to do is to adopt a defensive position to protect his own party’s arithmetical standing in this House, or he and his colleagues should in my view be prepared to engage with the serious issue at hand, which is that constituencies are unequal, the weight of people’s votes is unequal and that that is simply not an acceptable position at a time when we have this great opportunity to renew our democracy from top to toe. That is a choice that he should make.

On everything from this matter to the 55% threshold, I would say two things. First, it is a political choice for Labour Members as to whether they want to leap straight from government, having failed to move on all these things, to outright oppositionism driven by the slightly paranoid sense that everything is targeted at them and no one else, or engage seriously in what I believe is a promising moment in our political history to reform things, and reform things for good.

Nick Clegg Portrait The Deputy Prime Minister
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I will take one more intervention, and then make some progress.

Alun Michael Portrait Alun Michael
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Does the right hon. Gentleman accept that the basic democratic right is the right to vote and that nobody can exercise that right without being registered to vote? Therefore, dealing with the 3.5 million or so individuals who are not registered to vote is not just something that comes after the sort of changes that he is seeking—it needs to be dealt with as a matter of urgency.

Nick Clegg Portrait The Deputy Prime Minister
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Urgency? The right hon. Gentleman and his colleagues had 13 years to do this. How often are they going constantly to ask us to do things urgently when we have had only three weeks and they had 13 years? Of course we need to find the 3.5 million people who are not on the register, alongside the progress towards individual voter registration, but I say this to him: please do not sit there all high and mighty and pretend that we are somehow responsible for a problem that he and his colleagues in government created over the past decade.

Nick Clegg Portrait The Deputy Prime Minister
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I will take one more intervention, and then I am genuinely going to try to make some progress.

Viscount Thurso Portrait John Thurso
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I am delighted to hear that my right hon. Friend is not bound by any strict and rigid arithmetical formula, and I applaud his commitment to more equality. Within that, does he accept that the quality of service that one can give with a constituency of 3,400 square miles is dependent on the time available, which is greater in metropolitan constituencies where travel is not such an issue? Will he ensure that that aspect of rurality is taken into account in any plans that the Government have?

Nick Clegg Portrait The Deputy Prime Minister
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Clearly the job of being an MP in sparsely populated and very large rural constituencies is a great challenge, which my hon. Friend knows more about than most. That is exactly the kind of thing that we will need to take into consideration as we progress with this measure.

I should like to turn to reform of the other place, which we all agree must now happen. It should be up to the British people to elect their second Chamber—a second Chamber that must be much more representative of them, their communities and their neighbourhoods. To that end, I should like to announce the following measures. First, I have set up a committee, which I will chair, to take forward this reform, composed of Members from all three major political parties, as well as from both Houses. Secondly, the committee will be explicitly charged with producing a draft Bill by no later than the end of this year—the first time that legislation for an elected second Chamber will ever have been published. Thirdly, the draft Bill will then be subject to pre-legislative scrutiny by a Joint Committee of both Houses during which there will of course be ample opportunity for all voices to be heard.

Make no mistake: we are not starting this process from scratch. There is already significant shared ground between the parties that will be taken as our starting point. I am not going to hide my impatience for reforms that are more than 100 years overdue. Subject to the legitimate scrutiny that the Bill will deserve, this Government are determined to push through the necessary reforms to the other place. People have been talking about Lords reform for more than a century. The time for talk is over. People must be allowed to elect those who make the laws of the land. Change must begin now.

Nick Clegg Portrait The Deputy Prime Minister
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Let me just confirm that the committee will hold its first meeting as early as next week, and that its members will be the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper), who is the Minister with responsibility for political and constitutional reform; the Leader of the House of Lords; the Deputy Leader of the Lords; the shadow Leader of the Lords, the Leader of the House of Commons; the Deputy Leader of the Commons; the shadow Leader of the Commons; and, of course, the shadow Justice Secretary, to whom I give way.

Jack Straw Portrait Mr Straw
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I am very grateful to the right hon. Gentleman for what he has said, and we will work constructively with him and his colleagues.

Nick Clegg Portrait The Deputy Prime Minister
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I am grateful to the right hon. Gentleman.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (South Antrim) (DUP)
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Will the right hon. Gentleman give way?

Nick Clegg Portrait The Deputy Prime Minister
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No, I should like to make progress now.

I am grateful to the right hon. Member for Blackburn for his support, and there is something else that he can help me with. He may have heard that as part of our plans to rebalance the relationship between citizen and state, we are inviting people to tell us which unnecessary laws they believe should be repealed. The right hon. Gentleman is well placed to advise us on where to start, given that he held so many high offices of state in various Departments over many years at a time when the statute book groaned with the addition of countless new laws, regulations and offences. The process of identifying unnecessary laws is part of a broader programme to end the unjustified intrusion of the state into ordinary people’s lives. Legislation has already been introduced to scrap ID cards and cancel the national identity register.

Lord McCrea of Magherafelt and Cookstown Portrait Dr McCrea
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Will the right hon. Gentleman give way?

Nick Clegg Portrait The Deputy Prime Minister
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I will not, because many other Members wish to speak in the debate and I have been very generous in giving way. I now want to allow others to have their say.

Action will follow on proper regulation of CCTV, on preventing schools from taking children’s fingerprints without their parents’ consent and on restoring rights to non-violent protest.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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On a point of order, Mr Deputy Speaker. The Deputy Prime Minister has just announced a major new committee to look into the second Chamber of this Parliament, without any consultation with most of the parties in the House. He has announced that it will involve the three main London parties without any participation by or consultation with the smaller parties in the House. Is it in order for him to so brightly exclude the minority parties in the House in such a despicable way?

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Hugh Bayley Portrait Mr Deputy Speaker
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I noted that the hon. Gentleman was seeking to intervene. Perhaps he will be able to catch Mr Speaker’s eye at some later point during today’s debate.

Nick Clegg Portrait The Deputy Prime Minister
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May I first remind Opposition Members that what was customary over the past 13 years was that an announcement such as this would have been made in the press before it was made in the House? At least I have come to the House. Secondly, it is totally legitimate for us to create a committee composed of the three UK-wide parties, all of which were united in having manifesto commitments at the general election to reforming the other place. As I have announced today, the draft Bill that we will publish before the end of the year—the first one on the subject in the past century or so—will be followed by proper pre-legislative scrutiny by a Joint Committee of both Houses.

Lord McCrea of Magherafelt and Cookstown Portrait Dr McCrea
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Will the right hon. Gentleman give way?

Nick Clegg Portrait The Deputy Prime Minister
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No, I wish to conclude my remarks so that others can have their say.

Nick Clegg Portrait The Deputy Prime Minister
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I feel that I have answered the hon. Member for South Antrim (Dr McCrea), so I give way to my hon. Friend the Member for Solihull (Lorely Burt).

Baroness Burt of Solihull Portrait Lorely Burt
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I am grateful. Before my right hon. Friend concludes, may I raise a matter that has been of concern to Members in all parts of the House, which is that of extending anonymity to defendants in rape cases? Will he make a few remarks on how he sees the Government being able to incorporate the views of all Members in taking the matter forward?

Nick Clegg Portrait The Deputy Prime Minister
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The Deputy Leader of the House tells me that there is an Adjournment debate about the matter tonight. It is a difficult and sensitive issue, which my hon. Friend is right to raise. It has been raised many times and I read some articles in the press about it again this morning. Everybody is united in wanting the conviction rates for rape to increase. Everybody wants more support to be provided to victims of rape so that they come forward in the first place, while also wanting to minimise the stigma attached to those who might be falsely accused. However, I want to make it clear that, although the Government have proposed the idea, we want to listen to everybody who has a stake or expertise in or insight into the matter. If our idea does not withstand sincere scrutiny, we will of course be prepared to change it.

Today is only the start of many hours of lively debate on the issues that I have mentioned, and I welcome that. We have a hugely ambitious programme to transform our constitutional and political landscape so that we achieve a better balance between Parliament and the Executive, clean, transparent politics and power handed back to people. Given the scope of that package, we will inevitably disagree about some of the detail. However, let us not lose sight of the things about which we agree. Let us not forget the scale of the damage that this Parliament needs to repair, and not take for granted the chance that our constituents have given us finally to get it right.

None Portrait Several hon. Members
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rose

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Alan Johnson Portrait Alan Johnson
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I just do not accept what my hon. Friend has said: this is the new politics, and what is said from the Government Dispatch Box will be carried out. I have every faith in the Deputy Prime Minister and that he will ensure that he sticks by his word on this issue.

May I welcome the Home Secretary—

Alan Johnson Portrait Alan Johnson
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Ah! I give way to the Deputy Prime Minister.

Nick Clegg Portrait The Deputy Prime Minister
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Let me clarify this by saying that it was indeed a slip of the tongue. The Government avidly support a referendum in Wales, but of course we will leave it to the people of Wales to decide for themselves how they respond to that opportunity to determine their own future.

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Theresa May Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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It is a great pleasure to close this debate, which, as the shadow Home Secretary has just said, was marked by a significant number of maiden speeches, 22 in all. The debate was opened by a rather uncharacteristically rambling speech from the right hon. Member for Blackburn (Mr Straw). He loitered somewhat over the reforms of 1832, but his history lesson was bettered only by the maiden speech of my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) who gave everybody in the Chamber a rather more eloquent and distinguished historical lesson. I am sure we shall hear more from him, as was said earlier.

The right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson), who has just closed for the Opposition, gave an amusing speech. He ran through the contributions of every Member who made a maiden speech today. I do not intend to comment on every one of those speeches, but I want to tell all 22 new Members who spoke today that making a maiden speech is a daunting experience for anybody, yet they all rose to the challenge with a remarkable degree of eloquence. Many of the speeches were extremely amusing. I am not sure what the problem of blowing one’s nose is in West Suffolk, but I dare say we shall find out at some stage. We heard delightful, enticing descriptions of constituencies such as the one from my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart), although of course it will now only be known as the site of Dobby’s demise.

I particularly want to mention the maiden speeches of my hon. Friends the Members for Stourbridge (Margot James) and for Oxford West and Abingdon (Nicola Blackwood), and the hon. Members for West Dunbartonshire (Gemma Doyle), for Darlington (Mrs Chapman), for Banff and Buchan (Dr Whiteford), for East Lothian (Fiona O’Donnell), for Glasgow East (Margaret Curran) and for Houghton and Sunderland South (Bridget Phillipson). They all have one thing in common, which is that they are women. I welcome the new intake of women Members to the House of Commons, which I am particularly pleased to see.

I am especially pleased to welcome my hon. Friends the Members for Stourbridge and for Oxford West and Abingdon, whom I have worked with over the years. They represent very well the change that has taken place in the Conservative party and in the make-up of its Members of Parliament.

I want to mention two characteristics relating to the maiden speech of my hon. Friend the Member for Northampton North (Michael Ellis). The first was that his speech referred to the all-important topic of shoes, although I was disappointed that my hon. Friend talked about the shoes of my right hon. and learned Friend the Justice Secretary. My hon. Friend also has the distinction of being the only person to present me with a bouquet of flowers after I made one of those tours to visit organisations in the constituency before the election. He has indeed started well in this place.

I shall try to cover as much ground as I can, but I will not be able to mention every point that has been made in this important debate. It is the first time I have wound up a debate opened by the right hon. Member for Sheffield, Hallam (Mr Clegg). A few weeks ago, I sat at the Cabinet table with him for the first time and then held my first meeting with him.

Coalition Government has brought many first-time experiences for us all, but nowhere is the coalition stronger than in the field of home affairs. After the years of encroachment on our freedoms, we will restore our civil liberties. After the years of trying to run the police from Whitehall, we will free the police and empower the communities they serve. After the years of allowing immigration to soar out of control, we will bring it back to the reasonable levels of the 1990s.

We have before us a unique opportunity to work together to make Britain a brighter, safer and fairer place for all. The spirit of the coalition can be found running through the legislation that we seek to pass—a spirit of freedom, fairness and responsibility. Those themes are particularly prevalent in the Ministry of Justice and the Home Office. The programme that we have announced will manage the delicate balance of protecting our citizens’ safety and liberty.

Before I comment on the legislative programme, let me make this commitment: the Government will never compromise the security of the British people, and we will protect our civil liberties. Where they have been lost, we will fight to restore them, and we will fiercely preserve those that already exist. That was interestingly summed up by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who said that the new politics is ushering in ancient rights—it is indeed—and we will review legislation on a number of counter-terrorism measures, including on control orders, to which he specifically referred in his speech.

Keith Vaz Portrait Keith Vaz
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I welcome the Home Secretary to the Dispatch Box. One of her first decisions was to announce a review of the case of Gary McKinnon, a constituent of the hon. Member for Enfield, Southgate (Mr Burrowes). That decision is welcome. Does she have a timetable for when she thinks that she will conclude her review of that case?

Theresa May Portrait Mrs May
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I am not able to give the right hon. Gentleman a timetable at the moment. Indeed, I took a decision that we would agree to an adjournment of the judicial review that was due to take place towards the end of May. I was asked whether I would do that and received further representations from Mr McKinnon’s legal representatives. I am waiting for those further representations to be received.

David Davis Portrait Mr David Davis
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I thank my right hon. Friend for her response to my question. I raised another issue—28-day detention, which is coming up for annual review very shortly. There are stories in the press this evening that she will review that limit as well. In the light of the Government’s commitment to telling the House before they tell the press, can she tell us anything about that?

Theresa May Portrait Mrs May
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I am grateful to my right hon. Friend for giving me an opportunity to respond to that point. As he has just said, the decision is up for renewal towards the end of July. No decision has been taken at the moment, but I can assure him that Parliament will be informed of any decision that is taken. That question partly leads on to the freedom Bill. Protecting the country from terrorist attacks is, of course, of primary concern, but striking the right balance between safety and liberty is something that the previous Administration got horribly wrong. We have seen a significant erosion of individual freedoms, and power has been diverted from the citizen to the state. That is why we are legislating to roll back the state, to reduce the amount of Government interference and repeal unnecessary laws, but our commitment to protecting the public will not be compromised. The freedom Bill will help us to balance an individual’s right to privacy and liberty against the collective safety and security of the entire country.

At the heart of our reforms is the desire to build a stronger society with responsibility and fairness at its heart. We will enable people to take back responsibility for themselves and their families. We are determined to value the British people, to invite them into the debate and to listen to them—something that was sorely lacking under the previous Administration. The right hon. Member for Salford and Eccles (Hazel Blears) talked of linking the Government and the people—a worthy aim indeed, but it is a pity that the last Labour Government did not do that. For 13 years, they took powers to the centre and away from people and communities.

Tom Harris Portrait Mr Tom Harris
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The first Bill Committee on which I served as a Back Bencher after being elected nine years ago was the one that considered the Proceeds of Crime Act 2002. Throughout the 39 sittings in Committee, the Conservative party constantly made requests for the measures to be watered down. Now that the right hon. Lady is in government, can she confirm that that Act will not be watered down but, in fact, strengthened?

Theresa May Portrait Mrs May
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The Government and the Conservative party will take no lessons from Labour about being tough on crime. I remember that when I came into the House in 1997 the Labour Government had been elected on the slogan, “Tough on crime, tough on the causes of crime.” What did we see? Criminal justice Act after criminal justice Act, new offence after new offence, and nothing to do with the causes of crime.

Alan Johnson Portrait Alan Johnson
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Will the Home Secretary please confirm—now she has seen the statistics, now there can be no ambiguity about it—that crime has gone down by 41 per cent. since 1997? Violent crime is down, burglary is down, theft is down, domestic violence is down, murder rates are down. Will she confirm that that is the case?

Theresa May Portrait Mrs May
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I was rather amused by the right hon. Gentleman’s reference— [Hon. Members: “Yes or no!”] I was rather amused by his reference to the fact that, as an incoming Home Secretary, I was inheriting the best legacy that had been left. I have to say to him that, of course, figures produced by the House of Commons Library have shown that it is wrong to say that violent crime has gone down. It has not. It has gone up. The Home Secretary who left a good legacy to his successor was in fact the former Member of Parliament for Folkestone and Hythe, the right hon. Michael Howard, under whom crime did indeed go down.

A number of hon. Members have referred to the Identity Documents Bill. As I am sure every Member of the House is aware, the new Government have made a commitment—

John Hemming Portrait John Hemming (Birmingham, Yardley) (LD)
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Will the right hon. Lady please give way?

Theresa May Portrait Mrs May
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I am going to make a little progress, if I may. [Interruption.] I am going to make a little progress.

The new Government have made a commitment to abolish the costly and unnecessary national ID cards. They are typical of the Labour Government’s blatant disregard for public opinion and common sense, and we aim to abolish this pet Labour project before the summer recess.

I say to the hon. Member for Birmingham, Selly Oak (Steve McCabe), who is one of those who mentioned ID cards, that we were always clear in opposition that we would abolish ID cards. The Liberal Democrat party was also clear in its opposition to ID cards. As my hon. Friend the Member for Epsom and Ewell (Chris Grayling) said on a number of occasions, anybody buying an ID card was effectively buying a souvenir. That Bill has already been introduced. We will cancel identity cards and we will cancel the national identity register.

I note the passionate speech made by the hon. Member for Mitcham and Morden (Siobhain McDonagh) about ID cards and CCTV, but what she said about CCTV, and what the shadow Home Secretary said, betrayed Labour’s approach to these matters: either all in favour of something or all against. We are talking about not abolishing CCTV, but ensuring that it is properly regulated.

I have touched on the delicate balance between the protection and freedom of our citizens, but part of maintaining that balance involves enabling people to take responsibility for themselves. To build a free and fair society—the big society—we all need to work together. That is why the Government will be introducing the police reform and social responsibility Bill. That legislation is emblematic of the guiding principles of this Government. We will make police officers more accountable to the public they serve and in so doing replace the bureaucratic, centralised control of recent years with local, democratic accountability.

I say to the right hon. Member for Don Valley (Caroline Flint) that I made that point absolutely clear in the speech that I gave recently to the Police Federation. Directly elected individuals will in no way interfere with the operational independence of the police. I welcome the contribution from my hon. Friend the Member for Rochester and Strood (Mark Reckless), who, from the point of view of a member of a police authority, supported our proposals on directly elected individuals.

It was a great pity in the early stages of the debate that, on the issue of constitutional reform and the dissolution of Parliament, there seemed to be at best a misunderstanding of the Government’s position among a number of hon. Members, and at worst a wilful misrepresentation of it. Of course, the powers for the House to pass a vote of no confidence in the Government, on the basis of a simple majority, will continue to exist. They will be reinforced by powers relating to the dissolution of Parliament.

Regarding the Opposition amendment, I thought that the past 13 years had almost never happened. Endorse their record on crime, they say. After 50 criminal justice Acts—

John Spellar Portrait Mr John Spellar (Warley) (Lab)
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claimed to move the closure (Standing Order No. 36).

Question put forthwith, That the Question be now put.

Question agreed to.

Question put accordingly, That the amendment be made.

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21:59

Division 1

Ayes: 251


Labour: 248
Social Democratic & Labour Party: 1
Independent: 1
Green Party: 1

Noes: 347


Conservative: 288
Liberal Democrat: 52
Democratic Unionist Party: 5