Parliamentary Voting System and Constituencies Bill

(Limited Text - Ministerial Extracts only)

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Wednesday 20th October 2010

(13 years, 6 months ago)

Commons Chamber
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Baroness Primarolo Portrait The Second Deputy Chairman of Ways and Means (Dawn Primarolo)
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I remind the Committee that with this we are taking the following:

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

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

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

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

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

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

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

(a) the Electoral Commission,

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

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

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

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

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

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

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

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

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

David Heath Portrait The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)
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I welcome you back to the Chair, Ms Primarolo, and to the consideration of clause 8. I am delighted that we can continue debating amendment 127. Of course, we would not have been able to do this if the Opposition’s attempt to prevent us from doing so, when we dealt with the timetable motion yesterday, had succeeded. When I was last speaking to this group of amendments, we were having a brief exchange on the matter of Wales. I do not want to continue that exchange, because we need the opportunity to discuss the much more important issues relating to Wales and the other parts of the United Kingdom under clause 9, which I hope we will reach shortly.

I was also considering the amendments proposed by the hon. Member for Rhondda (Chris Bryant). One of the great advantages of having an overnight break is that we can look back at the Official Report and read what the protagonists have said. I looked back through the report of the 50 minutes that the hon. Gentleman took in proposing his amendments and found that he did not, as I had suspected, mention them once during those 50 minutes. We know not from him what the content of the amendments is. So I propose to move on from the hon. Gentleman to the right hon. and hon. Members who contributed something positive to the debate.

Much of what we heard was about registration and the fact—it is a fact—that many people do not appear on the electoral register. The hon. Member for Blackley and Broughton (Graham Stringer)—I am glad to see him in his place—made clear his view on that, and said, I think, that we were moving to a system whereby 3.5 million people are not on the register. I disagree with him about that. We are not moving to a system whereby 3.5 million people are not on the register; we are already at that stage, and have been for a very long time. The disgrace is that we have been so unsuccessful in dealing with the parts of the country where registration is insufficient.

My hon. Friend the Member for St Ives (Andrew George) set out some of the reasons why we will never achieve 100% registration, given the difficulties involved. He is absolutely right, and I do not disagree with his analysis in any way. That is why the Government are introducing proposals at least to help the process and get as many people as possible on to the register.

The difficulties that we have with the amendments fall into two groups. They would change the basis on which boundary reviews are effected, moving away from the number of registered electors to some other basis, whether an estimate of eligible electors or an estimate of population. Alternatively, they suggest that we delay the process and make it longer, by a variety of mechanisms. I do not believe that that is the right way forward. The proper course of action is to ensure that the register is as accurate as possible. As I have said, the Government are taking action to improve the registration system.

Amendment 125 would require the boundary commissions to use an estimate of eligible electors, to be provided by the Office for National Statistics. The ONS does not at present make any estimate of eligible electors. Census data are available, but a census is carried out only once a decade, does not cover eligibility to vote and may contain inaccuracies. Indeed, in evidence to the Political and Constitutional Reform Committee, the secretary of the Boundary Commission for Scotland said that there would be “significant practical problems” with using population rather than registered electorate for the purposes of the boundary review. It was mentioned that the electoral register is published annually, whereas the census, which does not record whether a person is eligible to vote, is published every 10 years.

Delaying the boundary reviews would simply make the information on which they are based more inaccurate. The general election held last May was based on electoral registration data 10 years out of date. That cannot be right, and that is my difficulty with amendments 341 and 342, tabled by my hon. Friend the Member for Leeds North West (Greg Mulholland). Those amendments would not only delay the initial review, but halve the frequency of such reviews, by requiring the boundary commissions to report before 1 October 2018, instead of 2013, and every 10th year after that, instead of every fifth year. That would simply make an unacceptable situation worse.

The Government’s proposals build on the existing arrangements for boundary reviews, which have been based on the electoral register for decades. It is right that we take action in support of complete and accurate registers, and the Government are taking that action. On that basis, I urge right hon. and hon. Members not to press their amendments.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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We have had 51 speakers—or rather, 52, counting the Deputy Leader of the House, who has just spoken. Despite his rather petulant and “ad hominate” speech last night, we have none the less had a good debate. He did, however, correctly excoriate me for not fully adumbrating the amendments that we tabled. That was partly because I took 31 interventions, more than half of which were from Government Members, but perhaps it would be of assistance if I were now to explain precisely why our two amendments are important.

The Deputy Leader of the House was quite right last night to say that our two amendments, 127 and 135, which refer to different parts of the Bill, are not necessarily readily comprehensible at first sight—partly because one refers to clause 8 and the other to clause 16. Both appear at different points in the amendment paper. Consequently, Members will have to turn to pages 429 and 445 to find them.

Amendment 127 would include in clause 8 the words

“within twelve months of part 2 of the…Act…coming into force in accordance with section 16(2) thereof’.”

In other words, the Boundary Commission would produce its report within 12 months of an addition to clause 16(2), which we would insert through amendment 135, stating,

“after the referendum on the determination of powers devolved to the National Assembly for Wales under the terms of the Government of Wales Act 2006”.

The Deputy Leader of the House rightly told me off last night for not explaining precisely why we believe that that is important. As I tried to say in yesterday’s debate, historically, we have constructed Parliament in this country by determination according to the four different constituent parts of the Union. That has included the representation that each part requires in order for the Union to be solid and hold together, which is precisely what happened in the 1536 Act of Union, the 1707 Act of Union and the 1801 Act of Union. With all three, the first thing determined was how much representation there should be from Wales, Scotland and Ireland. Obviously, that was subsequently changed with the creation of the Irish Free State.

The further change to Scottish representation occurred when we introduced devolution, so, following the Scotland Act 1998, it was agreed that because a variety of powers would be given to the Scottish Parliament, it was right and proper for the number of seats that Scotland accounted for in the Westminster Parliament to be reduced.

The first referendum in Wales on devolution brought about the creation of the National Assembly for Wales, which does not have law-making powers or enjoy any powers over crime, justice or policing, so it is a somewhat different body from the Scottish Parliament. However, there is a proposition that follows on from the Wales Act 2006, and it will be tested in a referendum, which the Government have said will take place in the first quarter of next year, but for which as yet no date has been set. The Welsh Assembly Government have requested that it should be on 3 March, but the Secretary of State for Wales has not yet assented to that. We do not know whether a date has been agreed or whether the referendum will proceed. The date of 3 March may well be problematic, as—how can I put it?—it sometimes rains in Wales in March. Sometimes we have fairly excessive conditions in large parts of Wales at the beginning of March, so the date may well end up being inappropriate.

However, be that as it may, we need to be assured of what powers the Welsh Assembly will have if we are then to have a coherent Union-based understanding of how much representation there should be from Wales in the Parliament of the United Kingdom of Great Britain and Northern Ireland. That is why we have tabled the two amendments, and I shall press them to a Division, because I have not heard anything from the Deputy Leader of the House to alter my opinion that we should proceed on a Union-based understanding of how we create this House, not on a purely mathematically based assumption.

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15:50

Division 86

Ayes: 232


Labour: 222
Democratic Unionist Party: 7
Social Democratic & Labour Party: 3
Independent: 1
Green Party: 1

Noes: 326


Conservative: 270
Liberal Democrat: 49
Scottish National Party: 4
Alliance: 1
Plaid Cymru: 1

Amendment proposed: 342, page 6, line 36, leave out “fifth” and insert “tenth”.—(Greg Mulholland.)
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16:05

Division 87

Ayes: 237


Labour: 220
Democratic Unionist Party: 5
Social Democratic & Labour Party: 3
Liberal Democrat: 3
Scottish National Party: 3
Conservative: 1
Independent: 1
Alliance: 1
Green Party: 1
Plaid Cymru: 1

Noes: 319


Conservative: 272
Liberal Democrat: 47

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16:20

Division 88

Ayes: 231


Labour: 222
Democratic Unionist Party: 6
Social Democratic & Labour Party: 2
Plaid Cymru: 1
Green Party: 1

Noes: 328


Conservative: 274
Liberal Democrat: 48
Scottish National Party: 4
Alliance: 1
Plaid Cymru: 1

Eleanor Laing Portrait Mrs Eleanor Laing (Epping Forest) (Con)
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I beg to move amendment 234, page 7, line 17, at end insert—

‘(5AA) The draft of an Order in Council laid under subsection (5A) above may only give effect to the recommendations contained in all four reports under subsection (1) above with modifications, where those modifications have been made with the agreement of the Boundary Commissions.’.

This amendment has been tabled in the names of members of the Select Committee on Political and Constitutional Reform. The Chairman of the Select Committee, the hon. Member for Nottingham North (Mr Allen), is sadly unable to be in here this afternoon and so I have undertaken to move the amendment on behalf of his Committee.

The Select Committee, as the Committee well knows, carried out a necessarily brief and swift but in-depth consideration of the Bill. In order to try to be helpful to the House and the Minister, we tabled several amendments that we believed ought to be considered and that we hope will improve the Bill. The purpose of amendment 234 is to reflect paragraph 139 of the Select Committee’s recently published report, which states that

“the power of the Executive to depart from the recommendations of an independent statutory body should have clear statutory limits to prevent abuse for partisan advantage.”

I am sure the Committee will agree that that is a matter that ought to be drawn to the attention of the Minister and of hon. Members.

I ask the Minister where the justification lies for the Government’s retaining such a wide-ranging power to depart from the Boundary Commissions’ recommendations. Although I would assert that I have every confidence—as does the Select Committee—that the current Government would always act in this matter in an honourable, straightforward and democratic way, may I nevertheless ask the Minister on behalf of the Select Committee what safeguards exist against any future Government’s misusing such a power to their partisan advantage. It would be helpful if the Minister would consider those questions, and I am sure that the Committee will be eager to know the answers.

Chris Bryant Portrait Chris Bryant
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First, let me briefly comment on the fact that before you took the Chair, Mr Hoyle, we had a former miner in the Chair and two Tellers who were also former miners, so, as the MP for the Rhondda I felt quite at home. But that has absolutely nothing to do with the amendment, I am afraid.

The amendment has been charmingly moved by the hon. Member for Epping Forest (Mrs Laing), who is absolutely right. This is an issue that I have tried to raise on several occasions—

Chris Bryant Portrait Chris Bryant
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The Minister says that not so charmingly himself, so the favour goes back to him.

Under the clause, new subsection (5A) would read:

“As soon as may be after the submission of all four reports under subsection (1) above that are required by subsection (2) above to be submitted before a particular date, the Secretary of State shall lay before Parliament the draft of an Order in Council for giving effect, with or without modifications, to the recommendations contained in them.”

So the Boundary Commission will bring forth its report, there will be no public inquiry and the Minister will then bring forward the boundaries with or without modifications. It is the phrase “with or without modifications” that I have difficulty with, and clearly the Select Committee does too.

The hon. Lady mentioned that her Committee had to do its business very swiftly. Indeed, I think it had only five days in which to undertake a whole inquiry. That is one reason why I believe the Bill is being taken through with undue haste. A substantial number of amendments have been tabled and will be considered on Monday, but we already know that some of them are inaccurate and will be modified when the Government bring forward territorial statutory instruments in relation to Wales, Northern Ireland and Scotland. I very much hope that the Minister will enlighten us as to whether those statutory instruments will be subject to the affirmative or negative procedure. [Interruption.] That is not what will happen on Monday because the measures are not going to be debated next Monday at all, contrary to what the Deputy Leader of the House has just said from a sedentary position.

The Government believe that we should retain in present legislation the phrase “with or without modifications”. That is a pretty broad power.

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Mark Durkan Portrait Mark Durkan
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The amendment would represent a very important reassurance, because the Minister would not be able to make highly arbitrary and subjective judgments on any modifications that were introduced. As my hon. Friends have pointed out, we are being asked to consider a situation in which, in every Parliament, there will be a boundary review in respect of the next Parliament. That means that in each Parliament, and in each Government, the relevant Minister will in effect have his or her hands on a boundary review. That fundamentally changes the political nature of the operation, and it might be abused. I am thinking not only of one party against another; it could be abused within a party. It could become yet another of the Whips’ weapons against recalcitrant Government Members—they could say, “Look, we can redistrict you.” That is what has happened in the United States. We find many former members of Congress who say that they were blatantly redistricted by their own parties because they did not fit or did not particularly toe the line. We have seen that happen in various states.

The arrangements provided in the Bill are pregnant with the possibility of abuse or accusations of abuse. The parliamentary process needs to be protected from that. The House has made a mistake in accepting boundary reviews every five years rather than every 10 years. That means that every Parliament will be affected and infected by the issue and the controversy around it. If Ministers want to be free from that, they should agree to the amendment.

David Heath Portrait Mr Heath
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I am extremely grateful to the hon. Member for Epping Forest (Mrs Laing) for moving the amendment. I give my best wishes—and, I am sure, those of the whole Committee—to the Chairman of the Political and Constitutional Reform Committee, who would normally have been here to speak about its proposals.

We have had a short and helpful debate. The hon. Member for Rhondda (Chris Bryant) has told us about the derivation of the word “gerrymander” again; hopefully, we will hear that each day this Committee sits. It worries me when the hon. Gentleman talks about due process: the more he talks about it—and it is not the issue before us at this stage—the more I think he does not know what it means. We will come back to that later.

The hon. Member for Edinburgh East (Sheila Gilmore) assumed a position on the part of the Government without knowing what it was. I suggest to her that that is not a sensible way to go forward; that is meant to be helpful. We are grateful to her.

The hon. Member for Foyle (Mark Durkan) got the tone exactly right. There is an issue, and we understand that. The amendment would allow the Order in Council laid before Parliament to give effect to the boundary commissions’ recommendations with modifications only if the commissions were content with the changes made. As we have heard, the existing legislation does not have a restriction on modification such as that proposed by the amendment. The Bill simply preserves that power.

There is no record of that power ever having been used. There was an instance in which a Government urged Parliament to reject boundary commission proposals in toto rather than modify them, and some would suggest that that in itself was an abuse, but a Government have never urged Parliament to modify such proposals, so there is no history on the issue. However, I entirely understand the desire expressed by the Political and Constitutional Reform Committee to ensure the independence of the boundary commissions and see that their work is not modified for partisan reasons by any Government.

I say to the hon. Member for Epping Forest that the Government would like to consider the matter in more detail. There might be a situation in which, for the timely implementation of the boundary commission’s recommendations, any unintended errors in the reports would need to be corrected in the Order in Council. We would want to consider carefully how any such restriction on the power to include modifications in the Order in Council might work.

There may be a technical defect in what the Political and Constitutional Reform Committee has brought forward. That is not a criticism of its work. The amendment appears to require all four boundary commissions to agree to any modification, rather than the relevant commission or commissions for the part or parts of the United Kingdom where the modification is being made. We may have to look at how the amendment is cast.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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I did not jump into the trap that my hon. Friend the Member for Edinburgh East (Sheila Gilmore) jumped into. However, I want to intervene to say that I would feel quite differently if the hon. Gentleman gave an undertaking that if he found some technical concern about the wording, he would bring back an amendment that made sure that no changes could be made to boundaries by a Minister without the consent of the boundary commission for the relevant region.

David Heath Portrait Mr Heath
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The hon. Lady has been in government so she knows the constraints within which we work.

I am very sympathetic to the views expressed in the amendment, and we will have to look at it further. That is not an attempt to fob off the hon. Member for Epping Forest or the Select Committee. It raises an important issue. I do not want there to be any circumstances in which a Government can apply a partisan consideration to a modification for a boundary commission response. I give a clear undertaking that the Government will consider the matter in detail and come back with a response in due course. I ask the hon. Lady to withdraw the amendment on the basis that we will look at the matter further and that we are grateful to the Committee for having brought it to our attention.

Eleanor Laing Portrait Mrs Laing
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I thank the Minister for the serious way in which he has considered the amendment.

I appreciate the position taken by the hon. Member for Edinburgh East (Sheila Gilmore), but the Select Committee has not suggested that the proposals in the Bill avoid due process. I would argue personally, not necessarily on behalf of the Committee, that the proposals in the Bill do involve due process, but that that is not a matter which hon. Members should worry about. That is not the problem before us right now—the problem is simply whether the Government could, at some point in the future, take action without the agreement of the boundary commissions. I am pleased that the Minister has accepted that that is an issue. Every member of the Select Committee will be very pleased that its work has, at least in this respect, been seen to be worth while and contributing to improving the Bill, which was our purpose in submitting the amendment. Having heard the general arguments put this afternoon, including by the shadow Minister, I believe that it may have to be tightened up somewhat in its wording and technicalities.

I am delighted that the Minister has indicated that the Government will look in more detail at the matter and undertaken to come back to the House with it. Given that assurance, I beg to ask leave to withdraw the amendment.

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16:58

Division 89

Ayes: 231


Labour: 216
Democratic Unionist Party: 6
Scottish National Party: 4
Plaid Cymru: 2
Social Democratic & Labour Party: 1
Alliance: 1
Green Party: 1

Noes: 308


Conservative: 259
Liberal Democrat: 49

David Heath Portrait Mr Heath
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I beg to move amendment 162, page 7, line 22, at end insert—

‘( ) In Article 3 of the Lord President of the Council Order 2010 (S.I. 2010/1837) (which makes certain functions of the Secretary of State exercisable concurrently with the Lord President) the reference in paragraph (1) to the Parliamentary Constituencies Act 1986 is to be read as a reference to that Act as amended by this section.’.

Lindsay Hoyle Portrait The Chairman of Ways and Means (Mr Lindsay Hoyle)
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With this it will be convenient to discuss Government amendments 163 to 167.

David Heath Portrait Mr Heath
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These are minor amendments to clarify the position on ministerial responsibilities in relation to the constituencies provisions of the Bill. Responsibility for elections law, including parliamentary constituencies, is now exercisable by the Lord President and the Secretary of State, as my right hon. Friend the Deputy Prime Minister, as Lord President of the Council, now has responsibility for political and constitutional reform. That was effected by the Lord President of the Council Order 2010, which provides that functions under various Acts, including the Parliamentary Constituencies Act 1986, are exercisable concurrently by the Lord President and the Secretary of State. In the case of that Act, “the Secretary of State” includes the Secretaries of State for Scotland, Wales and Northern Ireland, who retain functions relating to boundary commissions in their parts of the United Kingdom.

The order states that references to the 1986 Act include references to it as amended by any enactment already made but not yet in force. It is arguable that that implies that such a reference does not include a reference to that Act as amended by a subsequent enactment. The amendment therefore provides that the reference to the 1986 Act in the order is to be read as a reference to the Act as amended by the Bill.

Amendments 163 to 167 are to clause 11 on the relationship between the changes to parliamentary constituencies and the constituencies of the National Assembly for Wales. They make similar changes to those in the Lord President of the Council Order 2010, so that the clause refers to both the Secretary of State and the Lord President of the Council, and not just to the Secretary of State. That is done in the same way as in part 1 of the Bill, which provides that the Minister means the Lord President or the Secretary of State. I hope that that is perfectly clear to the Committee.

Chris Bryant Portrait Chris Bryant
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These amendments seem perfectly sensible and we have no problem with them. We hope that they will go forward immediately.

Amendment 162 agreed to.

Question put forthwith (Standing Order No. 68), That the clause, as amended, stand part of the Bill.

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17:15

Division 90

Ayes: 311


Conservative: 262
Liberal Democrat: 49

Noes: 225


Labour: 213
Democratic Unionist Party: 5
Scottish National Party: 4
Social Democratic & Labour Party: 1
Alliance: 1
Plaid Cymru: 1

Clause 8, as amended, ordered to stand part of the Bill.
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Chris Bryant Portrait Chris Bryant
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Bearing in mind what the hon. Gentleman used to say when he was in opposition, I should have thought that he would support the scrutiny of legislation—and one has to talk to scrutinise legislation. No, we have not had enough time to scrutinise the Bill because there are four clauses and some schedules on which we have not had any debate at all. In addition, the Government have tabled 100 pages of amendments that we are going to debate on Monday, which means that we will not be able to debate issues such as the one that he is interested in—cutting the number of Ministers. I shall not take any lectures from him on how long one should speak in the House or on how much scrutiny there should be.

Mark Harper Portrait Mr Harper
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Will the hon. Gentleman give way?

Chris Bryant Portrait Chris Bryant
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Of course I will give way to the eminently charming gentleman.

Mark Harper Portrait Mr Harper
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If the hon. Gentleman thinks that the House requires more time to debate the Bill, why did he vote against the programme motion last week, which gave the House more time to debate it?

Chris Bryant Portrait Chris Bryant
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The Minister has clearly lost his marbles—it was because it did not give us enough time. The way in which the Government have behaved over this Bill has been an absolute shoddy mistake. They have consistently refused to provide enough time for us to debate the issues. [Interruption.] No, we did not vote against more time—we voted against the programme motion and we will continue to vote against such programme motions because we want to be able to do this job properly.

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Chris Bryant Portrait Chris Bryant
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No, I am not saying that the task is insuperable. Of course it would be possible to draw up the constituencies in the way proposed, but why should one constituency then end up with 95% of the average electorate and another with 105%? [Interruption.] The Deputy Leader of the House keeps on referring to the Rhondda. He obviously has some desire either to do down the people of the Rhondda or to visit the Rhondda, but I am not extending an invitation to him.

David Heath Portrait Mr Heath
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I wonder why the hon. Gentleman believes that the difference between 95% and 105% is a gross intrusion, yet that the difference between my constituency with its 82,000 possible voters, and his constituency with its 52,000, is perfectly all right and needs to be preserved.

Chris Bryant Portrait Chris Bryant
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The hon. Gentleman should not misrepresent what I have said. He knows perfectly well that I have never said that there should be a divergence between his constituency with 82,000 possible voters, and mine with 51,000. I am wholeheartedly in favour of greater equalisation. I have argued that for a long time, and the Labour party and its predecessors, going way back to the Chartists in the 1840s, argued for greater equalisation of seat sizes. But if we are to move towards equalisation do we add, on top of that, the idea of a fixed number of seats? That is what I am querying.

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Austin Mitchell Portrait Austin Mitchell
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I was hoping that the SNP would appoint me Fisheries Minister for Scotland, but that post would have been a little difficult to handle from Grimsby. I never even achieved the rank of PPS to the Minister—[Interruption.] I apologise, Ms Primarolo. I was led astray.

There is a genuine issue about the service that we provide to our constituents. I know that we have changed over the years from senators to servants of our constituency, and I know that the amount of work has steadily increased. That is a necessary development, because our constituents want to be heard more. We no longer have the same sort of subservient, quiet and loyal electorate that would vote for parties and did not want their voice to be heard. People want to be heard and they want us to listen to them. They want to communicate with us and they want us to raise the problems that they raise with us. That is the job, and we would be less able to do that if there were fewer of us here.

David Heath Portrait Mr Heath
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I am bemused by this concept that the figure of 600 would prevent Members of Parliament from being able to represent their constituents adequately, because the electoral quota suggested—about 76,000—already applies to a third of the House, give or take 5%. Is the hon. Gentleman saying that a third of Members are incapable of representing their constituents properly?

Austin Mitchell Portrait Austin Mitchell
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The bigger the size of the constituency and the electorate, the harder it is to represent them adequately. It may be that evening up constituencies leads to areas being more adequately represented, because those areas will have smaller constituencies, but in my case it will mean a bigger constituency, and many of us are struggling to do the job now.

For example, the amount of mail is increasing all the time. Not so long ago, I read the biography of Hugh Gaitskell by Philip Williams, which was about Gaitskell in the 1950s. It said that Gaitskell’s papers showed that in 1958, when he was the MP for Leeds South East, he got 50 letters a month from his constituents. I get 50 letters every couple of days, and that is in addition to all the e-mails, surgery visits and stoppings in the street in Grimsby, with people asking whether I will ask this or do that, and so on, all of which I have to scribble down. That must mean that in a larger constituency it is more difficult to serve everyone in it. That is an obvious fact. Indeed, it is getting difficult to do the job adequately with 650 Members. We need more and more staff. Fortunately, we have been given more staff, but it is not enough, although it depends on the seriousness with which one does the job.

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Christopher Chope Portrait Mr Christopher Chope (Christchurch) (Con)
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I shall speak to my amendments 67 and 68. Amendment 67 would substitute the figure of 600 for 585. I tabled the amendment because at the last general election the Conservative party manifesto, on which I was privileged to be re-elected, referred to 585 seats. I have to say that I had some reservations about that part of our manifesto, because I felt that it introduced a degree of inflexibility where, as we have heard from the Political and Constitutional Affairs Committee and the Boundary Commission, it is desirable to leave the Boundary Commission with some flexibility in considering these important issues. From the outset of this Parliament, however, I have been trying to get a straight answer—either from the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper) or the Deputy Leader of the House—to the question why the figure of 600 was chosen.

I take very seriously the allegation made today by the hon. Member for Rhondda (Chris Bryant) that the figure of 600 was chosen for politically partisan reasons rather than for objective reasons pertaining to good government. I look forward to the Government responding in detail to the question of why 600, rather than 585, which was in our manifesto, was chosen. I note that the hon. Member for St Ives (Andrew George) is not yet in his place to speak to his amendment 74. It is a corresponding amendment from the Liberal Democrats, calling for a reduction to 500, which was the exact figure that the Liberal Democrats included in their manifesto, on which the hon. Gentleman was re-elected to this House. This is a very serious issue.

The suggestion that the figure of 600 has been plucked out of the air has rather damaging connotations for the credibility of the coalition Government. Let us examine the difference between 600 and 585. With 600 seats, there would be roughly 75,000 to 76,000 electors per constituency. With 585—in other words, a reduction of 2.5% on the 600 figure—an average of 1,800 or so electors would be added to every constituency. Is anyone in government arguing that it is on account of that crucial increase of another 1,800 electors per constituency that we have opted for the 600 figure rather than 585—itself a conveniently round number in the sense that it was a 10% reduction on the present size of the House?

Christopher Chope Portrait Mr Chope
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I give way to the hon. Gentleman if he wishes to intervene.

David Heath Portrait Mr Heath
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I am grateful to the hon. Gentleman, but there is nothing magical about the figure of 600, just as there is nothing magical about 585. One was a 10% reduction; the other a round figure reduction of 50. The figure is not magical; it is simply an arbitrary figure that reduces the size of the House in a way that I believe is consistent with the public mood and the needs of this House.

Christopher Chope Portrait Mr Chope
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The hon. Gentleman says that it is an arbitrary figure; I am pleased that he concedes that. He says that it is consistent with the public mood, so let us examine that proposition and let us hope that he will provide some evidence for it when he responds to this debate in due course. He also says that the figure is consistent with the needs of this House. Where is the evidence for that? Why should this House comprise 600 rather than 585 Members? If, by referring to the public mood, the hon. Gentleman means the public’s concern about the costs of Parliament, why at the same time as reducing the size of this House are we merrily increasing the number of people in the other place, as my hon. Friend the Member for Cities of London and Westminster (Mr Field) asked? Indeed, as he told us, the number has already increased by more than the proposed reduction here.

The Government are proposing to reduce the number of Members of Parliament by 50, but they have already increased the number of Members in the other House by well over 50—getting on for 60—and there is a prospect of substantial further increases. Where is the case for that? How can increasing the size of the unelected House at considerable additional public expense, while at the same time reducing the size of the elected House, accord with the public mood?

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David Heath Portrait Mr Heath
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On the very last point that the hon. Member for Croydon Central (Gavin Barwell) made, I think I recall that there is a Senator in the Italian Senate who represents Australia, Asia and Africa. That is a sizeable constituency and not one that I would suggest for this House.

This has been an interesting debate in many ways. First, I am glad that we have had the opportunity to have the debate on the clause at all. Had the attempt by the hon. Member for Rhondda (Chris Bryant) to vote down the programme motion yesterday been successful, we would not have had a debate at all. I am also pleased that we have had the extra hours this evening, because had the hon. Gentleman succeeded in voting the motion down, we would not have had them. Unfortunately, he then—again—filled the extra time with the 50 minutes of his speech.

I am also pleased because we have had a number of what I would consider to be doctrinal statements made. We had a doctrine laid out by the hon. Member for Rhondda for a new principle of consideration for constitutional Bills, in which we should allocate one day on the Floor of the House for each clause of a constitutional Bill. I recall the Constitutional Reform and Governance Act 2010, in which I was involved, as were many other hon. Members who were in the House at the time. It had 95 clauses and eight schedules and it had three days in Committee. That was what the Labour party did when they were in Government and it ill behoves them to suggest that the greatly longer time that we have given this Bill is insufficient.

We also had discussion about what the Salisbury-Addison convention might mean. I have a quotation from the former Lord High Chancellor—I do not know whether it is a ex cathedra statement, but it certainly approaches that—about how the House of Lords ought to apply its own judgment on the Salisbury-Addison convention in the context of a coalition. This is what the right hon. Member for Blackburn (Mr Straw) had to say in 2006:

“My own view is that if any coalition or arrangement as in 1977 gains the support of the democratically elected House and is endorsed by a motion of confidence then the programme for which they gain that endorsement should be respected by”

the House of Lords. That is an extremely helpful endorsement that may be noted.

The other place was mentioned several times in the debate on these amendments. It was mentioned first by the hon. Member for Cities of London and Westminster (Mr Field) and then by the hon. Member for Stoke-on-Trent Central (Tristram Hunt), who is not in his place at the moment, who suggested that the Government were packing the House of Lords shamefully. For the record, let us say that 56 peers have been created since the election, of whom 29 have been Labour peers created on the proposition of the outgoing Prime Minister. If we are packing the other place, we are doing so remarkably ineffectively by inserting Labour peers.

The issue about the future of the House of Lords is an important one in the context of this Bill, as it is within the whole constitutional settlement. We are committed not only to an elected second Chamber but to a smaller second Chamber. It is precisely that work that is now being taken on in earnest for the first time in 100 years. The previous Liberal Government said very clearly in the preamble to the Parliament Act 1911 that they wished to see an elected House of Lords. That has been taken on by the Deputy Prime Minister with the all-party talks and we expect to introduce legislation early next year to bring that into effect.

Ian C. Lucas Portrait Ian Lucas
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If that is the case, why is the Deputy Leader of the House dealing with the House of Lords separately to the legislation on the House of Commons?

David Heath Portrait Mr Heath
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Because this is a Bill about the House of Commons. The House of Lords will be dealt with in different legislation, which the hon. Gentleman will see in due course. His right hon. Friend the Member for Tooting (Sadiq Khan) is involved in the discussions. The hon. Gentleman will have to wait. One of the lessons that we should have learned by now is that if we wait for every constitutional change to be made at once, nothing happens. That is what has prevailed for the last 100 years. We are going to change that.

The arguments that I hear about the future of the House of Lords have been strangely echoed in the arguments I heard this evening about this place. An argument that is regularly heard in the House of Lords is that any system that managed to appoint a peer as fine as the person who is speaking must be an exceedingly good system that does not require further change. We heard a bit of that this evening. We heard that any system that elected the current Members of the House must be an exceedingly good system and does not need to be changed. Various hon. Members explained how the numbers that precisely apply to their constituency are evidently the right numbers and should not be changed.

We have had the NIMPO—not in my period of office—argument, with Members saying, “Of course, we all want to see the House brought to a smaller size, but not while I’m still here. Wait until I’ve retired and then you can do it.”

We have also had the impossibility argument, with Members saying, “It is quite impossible to reduce the House from 650 to 600 Members because the electoral quota that would be in place, with 76,000 electors, would make it quite impossible for Members to do their work”, completely ignoring the fact that one third of current Members have constituencies of 76,000, or within a margin of 5% of that. The hon. Member for Great Grimsby (Austin Mitchell) said that it is impossible because there would not be enough time to do all the jobs that a Member of Parliament has to do. I would be more persuaded by that argument if I felt sure that every Member was a full-time Member of Parliament and did not find other employment—some excessively so. Such Members have contributed to the debate. Apparently, the shift from a constituency of 60,000 to 76,000 would make the job impossible.

We heard from the hon. Member for Bassetlaw (John Mann) that the job is impossible to do if one represents a constituency that crosses a local authority boundary, but how many Members have constituencies that do that? Apparently, it would be impossible under the quota that we are suggesting.

Andrew Love Portrait Mr Love
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The hon. Gentleman is criticising the arguments that have been used by the Opposition, so may I address the arguments that the coalition Government have used? I have read the Political and Constitutional Reform Committee’s report on the Bill. Having considered every argument that had been made, the Committee, which has an in-built coalition majority, concluded:

“There may be a case for reducing the number of Members of the House to 600, but the Government has not made it.”

Can the hon. Gentleman make such a case tonight?

David Heath Portrait Mr Heath
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The hon. Gentleman will have to wait until I get to that point in my remarks, because I have a few other comments to make on what others have said in the debate.

We have heard not only that it would be impossible for Members to accommodate extraordinary constituencies of 76,000, despite the fact that so many of us do it, but that it would be impossible for electors in such constituencies to know who their MP was. We have heard that it would be impossible to have a career structure because anyone who had experience outside the House could not be elected if we had constituencies of 76,000. What an extraordinary proposition that is.

The final proposition was that this is all a partisan move—[Hon. Members: “It is!”] The Opposition say that it is a partisan move to reduce the number of Labour MPs, but we have also heard from the same side in the same argument that it will not reduce the number of Labour MPs. So, we are gerrymanderers, but we are totally incompetent gerrymanderers because we are reducing our own seats and improving the position for the Opposition.

Again, I find it extraordinary that people whom I believed were reasonably intelligent and reasonably numerate can imagine that reducing the size of the House from 650 to 600 means that the 50 smallest seats are the only ones that disappear—they just go puff and disappear into the ether—and that all the rest carry on as they were. The suggestion is that the fact that most of the smaller seats are Labour seats shows that this is a partisan move against the Labour party. I am sorry; I just do not accept that. I do not think that it is a logical argument.

Phil Wilson Portrait Phil Wilson
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In a debate last night, the hon. Member for Epping Forest (Mrs Laing) proved to me that this is a partisan move, when she said that some hon. Members oppose it because they are

“trying to avoid being turkeys voting for Christmas.”—[Official Report, 19 October 2010; Vol. 516, c. 908.]

That is what the Conservative party is saying.

David Heath Portrait Mr Heath
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I am addressing the arguments made in the Chamber tonight that suggested that the reduction from 650 to 600 was an unimaginably ambitious target for the House and would result in the loss of Labour seats and was therefore a partisan move, rather than being what it is: a modest reduction in the size of the House. We have discussed other sizes of the House. The Conservative and Liberal Democrat manifestos proposed a reduction in the size of the House of Commons. The Conservative manifesto suggested the figure of 585, and the Liberal Democrats suggested 500, but on the basis of the single transferable vote.

I have made it absolutely plain that this is a matter of judgment. Six hundred is not a magical figure. I have never pretended that it is. It is an arbitrary figure, but it is one that results in an electoral quota of about 76,000, which is an entirely possible figure, as we have demonstrated, on the basis of the 2009 electoral register.

None Portrait Hon. Members
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Give way.

David Heath Portrait Mr Heath
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The hon. Lady will have to be a little bit patient and not just stand there, but ask and then wait until I give way.

The country would like to see a reduction in the number of Members of Parliament in this House. We have tried to strike a balance between what is achievable and sensible in terms of the operation of Members of Parliament and what is desirable in finally turning the corner in terms of the ever-increasing size of the membership of the Chamber.

Susan Elan Jones Portrait Susan Elan Jones
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I am grateful to the Minister for finally giving way. He mentioned that the Liberal Democrats and the Conservative party proposed in their manifestos at the last election reductions in the number of seats. Various Conservative candidates in north Wales said, having cited Guy Fawkes among others, that people would probably think that the Guy Fawkes option was a good one, but we were then talking about a reduction of 10% of seats in Wales. When they were questioned, they said, “Yes, of course, it will be 10% of Welsh seats, because the new Conservative Government will be very rational in doing this.” How does the Minister justify talking about a reduction of, I think, 7.7% across the whole United Kingdom but a reduction of 25% in one of the component nations?

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David Heath Portrait Mr Heath
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I justify that very easily by the fact that Welsh constituencies are much smaller than constituencies in the rest of the country, and the Bill will equalise representation, as I thought we had established. As I keep on reminding the House, the existing position is that the hon. Member for Rhondda—I choose his constituency only because he happens to be sitting on the Opposition Front Bench—has 51,000 electors, my constituency has 82,000 electors and there is a difference of almost 30,000 between the two. That cannot be justified.

Mark Field Portrait Mr Mark Field
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I very much agree with everything that the Minister says about the equalisation of constituencies. Can he therefore justify why any exceptions are being made?

David Heath Portrait Mr Heath
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Yes, I can. I can justify why the islands of northern Scotland are in a rather different position from the Cities of London and Westminster. I can explain why constituencies where, as the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) says of his, the distance from one end to the other is greater than the whole of Wales might be justifiably treated as an exception. I do not find that a difficult case to make.

David Heath Portrait Mr Heath
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Now I see that my hon. Friend is going to tell me about his constituency, which I accept is also a very difficult case.

Alan Reid Portrait Mr Reid
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The Deputy Leader of the House has supported the Government line that a constituency with 22,000 electors and three islands is treated as an exception. Argyll and Bute has 13 islands with a public ferry service, and covers a land area of about 5,000 square kilometres, with an electorate of 67,000. If the benchmark is three islands and 22,000 electors, why is there not an exception for other constituencies with islands—13 islands?

David Heath Portrait Mr Heath
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I understand my hon. Friend’s point, because his constituency is indeed a very difficult case, and the argument that he will make to the Boundary Commission in order to maintain as much as possible of his current constituency boundary will be a very strong one. I am sure that he will make that argument, but we have not moved on to the group of amendments in which we can discuss that issue, and I have to keep in order.

May I return to the basic principle? I am amazed, because there is an element of the Bourbons about some Members: they remember nothing of what has happened over the past year or so. Do they not realise that the public are desperate for us to reduce the costs of this place? Do they not understand that there is no public clamour for more Members, which would be the effect of the amendment in the next group in the name of the hon. Member for Rhondda? The public do not want more Members, they want fewer, and I believe that our proposal in this part of the Bill is entirely appropriate.

Andrew Turner Portrait Mr Andrew Turner
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I do not understand why it is necessary for the Minister, who wants to reduce the number of Members, to create more for my seat.

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David Heath Portrait Mr Heath
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It is difficult to maintain a process based on the equalisation of seats, and then to sustain the case that an island, which I accept has very particular characteristics of its own and is very large, but which, unlike Orkney and Shetland and Na h-Eileanan an Iar, is within near reach of mainland Britain, should be treated as an exception. However, the hon. Gentleman will continue to make that case, and I understand exactly why he wishes to do so. I know that he speaks for many of his constituents, although not all, and I am sure that he accepts that some of his constituents feel very strongly that the Isle of Wight has natural economic links with areas of mainland Hampshire, and that a parliamentary linkage could be of benefit. But of course, he represents 100,000 electors, and does so very well—

Chris Bryant Portrait Chris Bryant
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The House?

David Heath Portrait Mr Heath
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I am addressing the Chair, and the Chair is seated at the Table, not on the Opposition Benches.

As I say, the hon. Member for Isle of Wight (Mr Turner) needs to continue to press his case. We shall listen to the arguments that he makes, but we shall also try to maintain the principle of a common—[Interruption]

Chris Bryant Portrait Chris Bryant
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Can’t hear you.

Nigel Evans Portrait The First Deputy Chairman of Ways and Means (Mr Nigel Evans)
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Order. If hon. Members can be quieter, the entire Committee will be able to hear what Mr Heath is saying, so please calm down. We have only another 11 minutes left, as hon. Members know, before we need to move on.

David Heath Portrait Mr Heath
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May I deal with the issues raised by the hon. Member for Cleethorpes (Martin Vickers)? He has a great deal of expertise on this issue, and I am grateful to him for contributing to the debate. He proposed giving the boundary commissions flexibility to vary the number of seats assigned to each of the four nations by a small amount. The flexibility proposed in his amendment 228—a margin of 2% on either side of the proportionate entitlement—would not work for Wales or Northern Ireland, as was recognised by the hon. Member for Foyle (Mark Durkan). It would not allow the commissions there to increase or reduce those nations’ allocations, as 2% of their national entitlement would not equal one whole seat.

However, there are more fundamental objections to the amendment. It would enable the Boundary Commissions for England and for Scotland to increase or decrease the total number of MPs in the House and the proportion of MPs who represent their part of the UK. Parliament should lay down clear rules for determining the number of constituencies, and they should be allocated to the four parts of the UK in proportion to their electorate. We are seeking equality between the nations as well as within them.

Finally, I want to deal with the amendments tabled—although not spoken to, obviously, because of his absence—by the Chair of the Political and Constitutional Reform Committee. They would require the Boundary Commissions to decide between themselves the size of the House at each review, until the figure of 600 was reached in 19 years’ time.

Mark Durkan Portrait Mark Durkan
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The Deputy Leader of the House told us that the figure of 600 was arbitrary. He has still not explained why an arbitrary figure has to be fixed in statute in perpetuity. If this is about creating equality between the component parts of the UK, why does the Bill say that constituencies in Northern Ireland can vary more widely, both among themselves and in comparison with constituencies elsewhere, than those anywhere else? That does not achieve what he says the Bill is supposed to achieve.

David Heath Portrait Mr Heath
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We will have to differ on that specific point. I believe that what is proposed provides for a high level of equalisation across the whole United Kingdom. It is based on what is equitable for our constituents.

I return to the point about an incremental reduction, which was raised by one other hon. Member. I should like to make it clear that the issue was considered in the Political and Constitutional Reform Committee, and the secretary of the Boundary Commission for England reported that there would be no particular advantage to making the change incrementally. The commission also said that it had both the resources to carry out the review and sufficient time, before the deadline for submitting reports on 1 October 2013, to draw up constituencies for a House of 600 at the review. The suggestion that that is impossible to achieve in the time scale that we propose is not substantiated.

The Government’s proposals strike the right balance. They will end once and for all the fluctuation in the size of the House and the upward pressure on the number of MPs under the current legislation, and propose a modest reduction in overall numbers, which will cut the cost of politics, but do so in a way that will not result in constituencies that represent a departure from the type that we see in this Parliament. I hope that right hon. and hon. Members will feel able to withdraw their amendments and support the Government’s position.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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Mr Evans, thank you so much for calling me. It has been enlightening, educational and a real honour to listen to this debate since we last divided the House some hours ago. I have listened to some fine speeches. The hon. Member for Bassetlaw (John Mann) put his case with such pith and moment that I was almost persuaded to vote against my own side. The spectre that arose before us was one so terrifying and so fearful that we quaked in our Tory boots; it was the spectre of clause 9 leading us to proportional representation. The fear that came upon me was that as a result of setting a number so precise and clear that it could not be questioned even by the great and good of the Boundary Commission, we could face proportional representation. I saw other right hon. and hon. Members struck with fear at the thought, and I saw them feeling that they would move towards supporting greater flexibility.

My hon. Friend the Member for Cleethorpes (Martin Vickers) offered us an amendment that would meet almost every objective of Her Majesty’s Government but would still have flexibility—that great aspect of the British constitution, which has served us well since Alfred the Great, who was a Somerset man. I debate with my hon. Friend the Member for Somerton and Frome (Mr Heath) whether Alfred is more my constituent or his; I think, in fairness, that he would belong more to the Deputy Leader of the House. This constitutional flexibility is something that has been of great benefit to us. I feel that my hon. Friend the Member for Cleethorpes got it right in saying that it is useful for there to be some degree to which one can go outside the boundaries, without being too prescriptive.

On the subject of today’s speeches, what a fantastic history lesson we had from the hon. Member for Stoke-on-Trent Central (Tristram Hunt). To think that this was supposedly the least discussed reform of Parliament since the Rump Parliament, when Cromwell decided to send in the troops—the only man to send troops into the predecessor building to this House to enforce debate and Divisions. Some of us may think that the Whips are tough, aggressive and forceful, but even in my experience they have not used force, or pikes, to make sure that I go in the right direction. Oliver Cromwell did indeed do that; he prevented people from voting in that forceful way. The shadow Minister returned us to these matters again and again, and spoke for at least 50 glorious minutes—minutes that felt to me like days, but days of such pleasure, joy and rejoicing in spirit that I hope we will have another 50 minutes from him in due course, or on another occasion, or perhaps tomorrow, if we should be so lucky.

Let us return to the specifics of numbers. Should it be 650, or perhaps 649? Should it be 648 or 647?

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21:00

Division 91

Ayes: 212


Labour: 197
Democratic Unionist Party: 5
Conservative: 3
Scottish National Party: 3
Green Party: 1
Plaid Cymru: 1

Noes: 325


Conservative: 273
Liberal Democrat: 49
Social Democratic & Labour Party: 1
Alliance: 1

The Chair then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83D).
--- Later in debate ---
21:15

Division 92

Ayes: 322


Conservative: 273
Liberal Democrat: 48

Noes: 167


Labour: 150
Democratic Unionist Party: 5
Conservative: 4
Scottish National Party: 4
Social Democratic & Labour Party: 1
Alliance: 1
Green Party: 1
Plaid Cymru: 1

Clause 9, as amended, ordered to stand part of the Bill.
--- Later in debate ---
21:30

Division 93

Ayes: 317


Conservative: 267
Liberal Democrat: 49

Noes: 133


Labour: 119
Democratic Unionist Party: 5
Scottish National Party: 4
Social Democratic & Labour Party: 1
Alliance: 1
Green Party: 1
Conservative: 1
Plaid Cymru: 1

Clause 10 ordered to stand part of the Bill.
--- Later in debate ---
21:47

Division 94

Ayes: 305


Conservative: 258
Liberal Democrat: 46

Noes: 114


Labour: 106
Democratic Unionist Party: 4
Social Democratic & Labour Party: 1
Alliance: 1
Green Party: 1
Plaid Cymru: 1

Clause 11, as amended, ordered to stand part of the Bill.