Electoral Registration and Administration Bill

(Limited Text - Ministerial Extracts only)

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Tuesday 29th January 2013

(11 years, 2 months ago)

Commons Chamber
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Lord Lansley Portrait The Leader of the House of Commons (Mr Andrew Lansley)
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I beg to move, That this House disagrees with Lords amendment 5.

John Bercow Portrait Mr Speaker
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With this it will be convenient to take Lords amendment 23 and Government amendments (a) and (b) in lieu.

Lord Lansley Portrait Mr Lansley
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Lords amendments 5 and 23 on the boundary review were inserted into the Bill in the Lords, despite being outside the scope of the Bill. This was clearly done with the intention of preventing the implementation of the boundary review, which was agreed by this Parliament in the Parliamentary Voting System and Constituencies Act 2011.

The effect of Government amendments (a) and (b) in lieu would be to provide for the boundary review to proceed and for the Boundary Commission’s recommendations to come into force, taking effect at the next general election, without a requirement for any further vote in either House of Parliament.

I move this motion as Leader of the House in order to facilitate the debate. In the first instance, Members of this House will decide whether to disagree with the Lords in their amendment, the effect of which would be to put off the boundary review until 2018. If Members approve that motion, we would then go on to vote on whether instead the current boundary review should go ahead without further interference.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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May I say how disappointed I am that it is not the Deputy Prime Minister who is moving the motion? I will have to ask my right hon. Friend the question instead. Is he aware that in 2010 in this Chamber the Deputy Prime Minister made it very clear that the boundary review would be established on the simple principle of fairness, with all votes being of equal worth? Do the Lib Dems not do principle on the 29th of the month, or is it just on Tuesdays?

Lord Lansley Portrait Mr Lansley
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My hon. Friend makes his point very well. I will come on to the substance of the issue, but if he will forgive me and the House will bear with me, I wish first to make certain that hon. Members understand the structure of the debate and what the implications of each vote might be.

If the motion to disagree with the Lords in their amendment were agreed, we would go on to vote on the Government amendments in lieu, which would have the effect of proceeding with the boundary review without further votes in Parliament. If, however, hon. Members vote against the motion to disagree, the Lords amendments will be held to have been agreed with, and no further votes will take place on this group. There are therefore three potential outcomes: to agree with the Lords; to disagree and put the Bill back as it was when it left this House; or to settle the boundaries review issue now through the amendments in lieu.

I should make it clear to the House that while as Leader of the House I am enabling the debate, I will also set out my view and that of my party. In doing so, I will not be setting out formally the view of the Government, as there is not a settled coalition view. Accordingly, and as happened in the Lords, collective ministerial responsibility has been set aside for this debate.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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I do not quite understand what the Leader of the House has said. On 6 September 2010, the Parliamentary Voting System and Constituencies Bill received its Second Reading, and the Deputy Prime Minister—Nick Clegg, as he is listed in Hansard—voted for it, and Mr Peter Bone voted against it. On Third Reading, on 20 November 2010, Mr Clegg again voted for it and Mr Bone voted against it. Surely it must be the settled view of the Government? It has gone through all its stages: how can it not be the settled view of the Government?

Lord Lansley Portrait Mr Lansley
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My hon. Friend will recall very well that that Bill was the Government’s view and the Government’s policy, and the House agreed with that Government Bill. The issue is these Lords amendments, and as I told the House, the ministerial code explicitly allows for ministerial responsibility to be set aside in particular circumstances, and it has been set aside in relation to the debate and votes on this particular point.

Mark Reckless Portrait Mark Reckless (Rochester and Strood) (Con)
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Does the ministerial code not also say that Ministers must abide by the coalition agreement in the same way as they must abide by international law?

Lord Lansley Portrait Mr Lansley
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No, I am afraid that my hon. Friend is not correct in that respect. The coalition agreement is clearly a relevant issue, but it is not encapsulated in the ministerial code. The code is very clear—he will no doubt be familiar with it—and makes clear the requirements for Ministers to accept the obligations of ministerial collective responsibility save when it is explicitly set aside. I am simply making it clear that collective ministerial responsibility has been set aside in relation to this debate and for these purposes.

Christopher Chope Portrait Mr Christopher Chope (Christchurch) (Con)
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My right hon. Friend has answered questions about ministerial responsibility in front of a Select Committee. Can he tell us who set aside collective responsibility and, if it was the Prime Minister, why he did so?

Lord Lansley Portrait Mr Lansley
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My hon. Friend will be aware that the Prime Minister has responsibility for the ministerial code. Indeed, when ministerial collective responsibility is explicitly set aside, it is the Prime Minister who makes that decision. He is clearly doing it, as the House will understand, in the context of coalition government. As we know, that can give rise to occasions where there is not a collective view, and where by extension it is therefore not possible for a collective view to be the subject of collective ministerial responsibility. Let me turn to the substance of the issues.

Eleanor Laing Portrait Mrs Eleanor Laing (Epping Forest) (Con)
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Will my right hon. Friend give way?

Lord Lansley Portrait Mr Lansley
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No; I will give way in a moment. Let me turn to the substance of the issues.

Parliament agreed less than two years ago to a boundary review, and it did so for good reasons. There are major disparities in the size of constituencies. In England, East Ham has 92,000 voters; Wirral West has just 55,000. The differences are even greater in respect of other nations: Arfon in Wales has an electorate of just 41,000. This means that some votes count much more than others, and the principle of greater equality in the value of each vote is at the heart of this new boundary review. Votes should carry much more equal weight across the country in electing Members to this House and in deciding a future Government. If the current review were not to happen, in England the next general election would be based on the register of February 2000, with all the consequent disparities and inequalities which have been exacerbated since then. It would be 15 years out of date.

Jack Straw Portrait Mr Jack Straw (Blackburn) (Lab)
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Does the right hon. Gentleman accept that he is being just a tad disingenuous in claiming—

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Jack Straw Portrait Mr Straw
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Would the Leader of the House accept that he has put only a part of his argument when he justifies the measure on the grounds of seeking equality of electorates? That principle is agreed across the Chamber. The objection to the 2011 Act was that it was a wholly partisan measure, breaking a clear convention that this kind of measure be agreed across the parties, to arbitrarily reduce the number of MPs from 650 to 600. That is the real reason.

Lord Lansley Portrait Mr Lansley
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Well, Mr Speaker, that was a long time to be sitting down. I think the right hon. Gentleman knows me well enough to know that I am on occasions wrong, but I endeavour never to be disingenuous. On this occasion I am not wrong either. One could equally argue that it was a partisan effort on the part of the Opposition to frustrate the intention of the House to bring equality and fairness into the franchise when the Parliamentary Voting System and Constituencies Act 2011 was passed. None the less, my point is simply that Parliament voted on that legislation, which has been enacted. That was done on the principle of equality and fairness and the Boundary Commission has proceeded on that basis. Not now proceeding with the review would leave all the inequalities in constituencies, between constituencies and between voters that go all the way back to February 2000.

Mark Reckless Portrait Mark Reckless
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My right hon. Friend says that he is not wrong, but he stated that the ministerial code contains no reference to the coalition agreement. Paragraph 1.2 states:

“The Ministerial Code should be read alongside the Coalition agreement”.

If that is the case, why is the Deputy Prime Minister being allowed to break it?

Lord Lansley Portrait Mr Lansley
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My hon. Friend has the advantage of me, but the ministerial code explicitly states the circumstances in which ministerial collective responsibility can be set aside. That is for the Prime Minister to decide, notwithstanding either the coalition agreement or the ministerial code.

Returning to the review, Members of this House must be aware that not only is the principle of equality and fairness relevant, but the review will have the effect of bringing down the number of Members here from 650 to 600, cutting the cost of politics by £13.5 million a year. As we are cutting back on administration and costs across the whole of the public services, it is only right that we apply the same principles to ourselves.

Chris Ruane Portrait Chris Ruane (Vale of Clwyd) (Lab)
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On inequality, how equal is it to reduce the number of MPs from 650 to 600 and increase the number of Members of the House of Lords by an extra 125 since 2010? Where is the equity in that?

Lord Lansley Portrait Mr Lansley
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The hon. Gentleman and Opposition Members know perfectly well that if they had supported a programme motion on House of Lords reform, we would have been able to reform the House of Lords and reduce the number of Members in the Lords. But no, they did not do that.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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Will the Leader of the House give way?

Lord Lansley Portrait Mr Lansley
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I always regret it, but I will give way to the hon. Gentleman.

Chris Bryant Portrait Chris Bryant
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So charmingly done. The right hon. Gentleman said that he was going to cut the cost of politics, yet the average cost of a completely unelected new peer is £150,000 a year. How many extra peers will he be appointing before the next general election? We have already seen the fastest appointment of peers of any Government in history.

Lord Lansley Portrait Mr Lansley
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We always made it clear on the Government Benches that if the House of Lords remained unreformed it would be necessary to enable it to better reflect the character of the outcome of the preceding general election. I will not reiterate the point I made to the hon. Member for Vale of Clwyd (Chris Ruane), but if the Opposition had supported House of Lords reform we would have been able to deal with that.

Kevan Jones Portrait Mr Kevan Jones (North Durham) (Lab)
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Will the right hon. Gentleman give way?

Lord Lansley Portrait Mr Lansley
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No, I am going to make more progress—this is only a two-hour debate.

I am asking the House to maintain the boundary review. As my hon. Friend the Member for Lichfield (Michael Fabricant) reminded us earlier, it was my right hon. Friend the Deputy Prime Minister who said, quite rightly, on Third Reading of the Bill that became the Parliamentary Voting System and Constituencies Act 2011:

“Fairness demands constituencies that are basically equal in size…there can be no justification for maintaining the current inequality between constituencies and voters across the country.”—[Official Report, 2 November 2010; Vol. 517, c. 864.]

I have heard no argument that changes that, nor any justification from the Lords to seek to do so.

Harriett Baldwin Portrait Harriett Baldwin (West Worcestershire) (Con)
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I thank the Leader of the House for giving way. He rightly emphasises that the coalition agreement is an important document, but could he also remind the House that manifestos are important, and will he inform us all of the Liberal Democrat manifesto pledge on reducing the number of MPs?

Lord Lansley Portrait Mr Lansley
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Again, my hon. Friend has the advantage of me, as I do not have the Liberal Democrat manifesto to hand. I will say from the Dispatch Box that the coalition agreement is important and that it set out our shared objective to introduce a Bill that included provision for the introduction of the alternative vote in the event of a positive result in a referendum—there was not such a positive result—as well as the creation of fewer and more equal-sized constituencies. The Parliamentary Voting System and Constituencies Act 2011 is therefore entirely part of the commitment made in the coalition agreement.

James Duddridge Portrait James Duddridge (Rochford and Southend East) (Con)
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When I entered the House, a colleague advised me to carry in my top pocket a couple of good jokes for speeches. I will read one from the Liberal Democrats’ manifesto, which sadly my right hon. Friend does not have to hand. It is quite clear:

“we will be able to reduce the number of MPs by 150”—

full stop, end of quote. Why then are they not doing it? This would have been a good first step.

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Lord Lansley Portrait Mr Lansley
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My hon. Friend makes an important point. If I may, I put it to my hon. and right hon. Friends on the Liberal Democrat Benches that they might like to explain their reasoning to my hon. Friend later in this debate.

Eleanor Laing Portrait Mrs Laing
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I thank my right hon. Friend for giving way. I hope it may be helpful to him and the House to know that his colleague the Deputy Prime Minister gave evidence to the Select Committee on Political and Constitutional Reform on 19 April and 13 December last year, and I asked him the exact questions that Members have been asking in the last few minutes. He made it clear to the Committee that he still agreed with what he said at the Dispatch Box on Second Reading: that we have to put right what he called

“the broken scales of our democracy”—[Official Report, 6 December 2010; Vol. 515, c. 36.]

However, he also made it clear that although he considers the current system to be unfair, he is absolutely certain that that unfairness should continue until after the next general election. That is his position.

Lord Lansley Portrait Mr Lansley
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I am sure the House is grateful to my hon. Friend for informing it about the discussions in the Political and Constitutional Reform Committee. From my point of view, I know the Deputy Prime Minister’s commitment to constitutional reform. I think the boundaries review and the introduction of greater equality and fairness in constituencies and between voters is an important constitutional reform, and I hope he would want to see it put through before the next election.

Henry Smith Portrait Henry Smith (Crawley) (Con)
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Will my right hon. Friend give way?

Lord Lansley Portrait Mr Lansley
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I will carry on for a moment, if I may.

Some argue that the boundaries review may spend further money this year and then not be approved—that argument was adduced in the Lords. One might equally say that several millions have been spent and the process should be completed. Either way, the amendments in lieu, if passed today, would settle that question. They would bring the review into effect without any further political interference, which, given the independent character of the review, has merit in any case.

Toby Perkins Portrait Toby Perkins (Chesterfield) (Lab)
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Will the Leader of the House give way?

Lord Lansley Portrait Mr Lansley
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I will, and then I will give way to my hon. Friend the Member for Crawley (Henry Smith).

Toby Perkins Portrait Toby Perkins
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I am grateful to the Leader of the House. It is undoubtedly true that the question could be settled one way or another today. However, given that the Liberal Democrats are clear that they will not support him, is not the most sensible thing for the House to finish this and not waste any more money on it, rather than continue with the process when it has already been made clear that what was a very political initial manoeuvre is now doomed to fail?

Lord Lansley Portrait Mr Lansley
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I am rather disappointed that the hon. Gentleman thinks that my modest rhetoric might have no impact on my hon. Friends on the Liberal Democrat Benches. Surely that is the whole point of this debate and, in particular, of my colleagues and I tabling the amendments in lieu—precisely because it would be in the interests of this House to settle the matter today. It would be in the interests of this House, not least in its relationship with their lordships, to say, “We have settled it today. The boundaries review should be completed, as we legislated for it to happen, and there should be no more interference by either House, for any reason or any party.” There is an independent review; it should be completed. Before we come to the amendments in lieu, however, we first have to decide whether the Lords were right to amend the Bill as they did.

Lord Lansley Portrait Mr Lansley
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Let me make this point, if I may. Let me put it plainly: I believe that what was done in the Lords was an abuse of the parliamentary process. We sent them a Bill concerning electoral registration; they inserted a provision outside the scope of the Bill. This is the first time that that has been done, and it was done contrary to the advice of their Clerks, who ruled that the amendment was not relevant to the Bill. It is also significant to note that the Cross Benchers in the Lords voted by two to one against inserting the boundaries amendment.

Steve Baker Portrait Steve Baker (Wycombe) (Con)
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I am not in the least surprised that the forces of reaction still come from the other place, but does my right hon. Friend share my astonishment that now the forces of reaction are the party opposite and the party below the Aisle, on the Liberal Democrat Benches?

Lord Lansley Portrait Mr Lansley
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Yes, my hon. Friend makes an important point. I might say that the argument was put to the Members of the other House that in agreeing such an amendment, the Lords are seeking directly and dramatically to intervene in the structure of elections to this House. As my noble Friend Lord Strathclyde told peers in another place:

“How odd it would be if this unelected House…should have the temerity to tell the elected House how to proceed on its…election”.—[Official Report, House of Lords, 15 November 2010; Vol. 722, c. 568.]

How often did Opposition Members complain when they were in government if the unelected House sought to overrule the elected House? Let them contemplate this: how much stronger is that complaint, which I heard them make, when the view of this House is overruled in relation to the franchise to this House?

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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May I remind the Leader of the House that those of us on the SNP Benches were never in government? He will have no comfort from the Scottish National party. We will be voting against the Government’s proposals, even though the new boundaries would be to our advantage. Can he explain why the Conservatives are selecting candidates on the current boundaries, not the new boundaries?

Lord Lansley Portrait Mr Lansley
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I am very disappointed in what the hon. Gentleman says, because I would hope that Members of this House would attach immense weight to the primacy of this House in determining the franchise for this House and reject a move by the unelected House to seek to interfere with the previously settled will of this House.

Andrea Leadsom Portrait Andrea Leadsom (South Northamptonshire) (Con)
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Although Members in the other House might not care what voters think, because they do not have to face them, surely other colleagues in this House must care that all their electors would like the cost of Parliament reduced and for all votes to count as much as each other.

Lord Lansley Portrait Mr Lansley
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My hon. Friend makes a good point well. Anybody who votes to agree with the Lords or not to disagree with them on this amendment will, I fear, have to explain to their electorate why they are not reducing the cost of politics when we are asking the public services generally to do that.

In what is colloquially known as the Hart-Rennard amendment we have not only an abuse of parliamentary process, but a democratic travesty. The unelected House is seeking to frustrate the precisely expressed will of this Parliament—not a previous Parliament—to deny fairness and equality in the franchise and fundamentally to manipulate the basis on which this House is to be elected.

Kevan Jones Portrait Mr Kevan Jones
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Can the right hon. Gentleman explain why this Government have appointed 125 new peers since 2010? Contrary to what my hon. Friend the Member for Rhondda (Chris Bryant) said, the average cost is £130,000 a year, which adds an extra £16,250,000 a year to the cost of politics, or £81,250,000 over five years.

Lord Lansley Portrait Mr Lansley
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Leaving aside the fact that some of the figures that the hon. Gentleman quotes were from the resignation honours back in 2010, I would say that he heard what I said about House of Lords reform. If he and his colleagues had supported the programme motion, we would be in a completely different place in the House of Lords.

None Portrait Several hon. Members
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rose

Lord Lansley Portrait Mr Lansley
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There is limited time for this debate and I need to conclude my speech.

I urge Members to recognise that democrats in all parts of this House should reject the Lords amendment. Even those who object to the boundaries reviews, whether for party, personal or other reasons, should reject the way in which the Lords have amended the Bill. In doing so, they would still have the option of voting for or against the review, in the subsequent vote on the amendment in lieu or, if it is rejected, in October when the boundaries reports come before the House for approval.

Lord Lansley Portrait Mr Lansley
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I will give way finally to my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman) and then my hon. Friend the Member for Wolverhampton South West (Paul Uppal).

Jesse Norman Portrait Jesse Norman
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I am very grateful to the Leader of the House for giving way. I can only sympathise with his travails over the abuse of powers on this issue by the House of Lords. Can he imagine how much worse it would have been if the House of Lords had been elected?

Lord Lansley Portrait Mr Lansley
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My hon. Friend is inviting me to engage with a series of hypothetical situations. I will resist the temptation.

All four boundary commissions have completed their consultations and are finalising—

Lord Lansley Portrait Mr Lansley
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I will, but I have given way to the right hon. Gentleman before and it took about five minutes.

Jack Straw Portrait Mr Straw
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Could the Leader of the House now answer the clear question put by the hon. Member for Perth and North Perthshire (Pete Wishart): why is the Conservative party selecting candidates on the existing boundaries, not those in the new Act?

Lord Lansley Portrait Mr Lansley
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As Leader of the House, I am answering for my party and for the Government—[Interruption.] My party will live very happily with the outcome of the boundary commissions’ review, I can tell you that. The boundary commissions are finalising their recommendations. They are doing that because this Parliament voted for that measure. This concerns a fundamental feature of our democracy—namely, the basis on which we are elected to this House.

Paul Uppal Portrait Paul Uppal
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On that point of principle about the democratic deficit, is there not an irony in the fact that Labour and Liberal Democrat Members are often inspired by the Chartists, who voted for equal-sized constituencies? There is a perverse relationship today, in that those Members are going to go through the Lobby and vote to retain the disconnect and the democratic deficit.

Lord Lansley Portrait Mr Lansley
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I was right to give way to my hon. Friend; he has made a good point. That votes should be of equal value is a fundamental principle that we should seek. We voted for that in legislation earlier in this Parliament, and it is now our task to see it through. This must be fair, equitable and democratic. It is wholly wrong that these measures should be overturned by an unprecedented device in the other House. I therefore ask Members across the House to disagree with the Lords. Having done that, we can go on to decide whether positively to settle the boundaries today by voting for the amendment in lieu or to let the proposal come back as planned on the basis of the boundary commissions’ reports later this year. In the interests of democracy and equality, I urge the House to disagree with the Lords in their amendment.

Sadiq Khan Portrait Sadiq Khan (Tooting) (Lab)
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May I first congratulate—

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Sadiq Khan Portrait Sadiq Khan
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I can reassure the hon. Lady that I am just warming up. If, during the course of my speech, I have not addressed the points she raises, she can intervene again later, once I am in full flow.

Lord Lansley Portrait Mr Lansley
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The right hon. Gentleman is trying to make a link between the electoral register and the Electoral Registration and Administration Bill and the boundaries review—but that is a completely false connection. The 2015 election will be based on a register in its current form, not on individual electoral registration, either way—whether done through the boundaries review as planned or whether done without it. The Bill does not impact on that.

Sadiq Khan Portrait Sadiq Khan
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The Leader of the House must be a fantastic poker player, as he said that with a straight face. I will give him a mini-lecture on why he is so wrong, on this issue as well, in a few moments. If he is still not persuaded, he can intervene and explain it to me again.

I have explained why we have sought to amend the Bill—both in this Chamber and in the other place—to include further mechanisms for maximising voter registration, particularly for the harder-to-reach sections of our communities. The importance of doing all in our power to avoid a sharp drop-off in registration levels was brought home by the experience of Northern Ireland, recently re-emphasised in the Electoral Commission report.

We know that those most likely to fall off the register are not sprinkled uniformly across the country. Each constituency does not have its equal share of missing voters. Instead, it is generally accepted that the missing eligible voters are likely to be from black, Asian and ethnic minority communities, the more transient residents who live in rented accommodation such as students and young people, the elderly and the disabled and those in more deprived communities. The Leader of the House and his Back Benchers talked about equality and fairness, but the Electoral Commission has reported that

“under-registration is notably higher than average among 17-24 year olds (56% not registered), private sector tenants (49%) and black and minority ethnic British residents (31%)”.

It also found that

“the highest concentrations of under-registration are most likely to be found in metropolitan areas, smaller towns and cities with large student populations, and coastal areas with significant population turnover and high levels of social deprivation.”

These millions missing from the register would not count in the calculations for the setting of parliamentary boundaries. Any boundaries produced would be skewed and would be open to questions about their legitimacy. That should worry us all.

Chloe Smith Portrait The Parliamentary Secretary, Cabinet Office (Miss Chloe Smith)
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Does the right hon. Gentleman think those people were on the register in 2000?

Sadiq Khan Portrait Sadiq Khan
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Let us follow the logic of the hon. Lady’s argument: there are 6 million people missing from the register at the moment, but if we cannot ensure that we get them back on the register and stop further falls, we should be happy with the status quo. She is wrong: we should not be happy with the status quo; we should try to get these 6 million people on to the register and stop the cliff fall.

We should also bear it in mind that we are losing seven constituencies in Scotland, three in Northern Ireland and 10 in Wales. Although the latest census confirms that our population has risen, there will be fewer Members representing constituencies which will, as a result of inaccuracy, have fewer people on the electoral roll. That raises real concerns about whether the interests of all four of our nations will be properly protected by the Westminster Parliament.

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Chris Ruane Portrait Chris Ruane
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I agree with my hon. Friend and think that the census should be the basis for any future redrawing of boundaries.

In conclusion, the reason given by the Conservative party for wanting to introduce the boundary review changes is to decrease the number of MPs from 650 to 600. It says that it is a case of cost and that that is its primary reason, and yet when I tried to table a parliamentary question in the Table Office to find out the cost of an MP and the cost of a Lord, I was told that I was not allowed to do so. Fortunately a Lord in the other place tabled the question and received the response that it costs £130,000 per Lord and £590,000 per MP. The Government have created an extra 125 Lords since they came to power in 2010 and they propose to create another 50 over the next few weeks. Where is the logic in creating an extra 175 unelected Lords while reducing the House of Commons from 650 to 600 Members?

Chloe Smith Portrait Miss Chloe Smith
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I beg the hon. Gentleman’s pardon for interrupting him when he was about to conclude. Given that he is in favour of having such hard casework, is he proud of the fact that his electorate is about two thirds the size of mine?

Chris Ruane Portrait Chris Ruane
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My electorate was even smaller than that of the hon. Lady’s constituency 10 years ago. The voter population in my constituency went down to as low as 47,000. It was only when I started to put pressure on, and following the professionalisation of the electoral registration officer in Denbighshire county council, that the number went from 47,000 to 57,000. I believe that there are even more unregistered people in the constituency.

The vast majority of the 6.5 million missing voters are in Labour constituencies. This is therefore a political act, and one that has come unstuck.

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16:03

Division 146

Ayes: 292


Conservative: 289
Independent: 1
Alliance: 1

Noes: 334


Labour: 254
Liberal Democrat: 57
Democratic Unionist Party: 6
Scottish National Party: 6
Conservative: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 3
Independent: 2
Green Party: 1

Lords amendment 5 agreed to, with Commons financial privileges waived.
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Voters waiting at polling station at close of poll
Chloe Smith Portrait Miss Chloe Smith
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I beg to move, That this House agrees with Lords amendment 7.

John Bercow Portrait Mr Speaker
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With this it will be convenient to consider Lords amendments 10, 11, 1 to 4, 6, 8, 9 and 12 to 22.

Chloe Smith Portrait Miss Smith
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With your leave, Mr Speaker, I shall—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. Will right hon. and hon. Members who are leaving the Chamber—[Hon. Members: “We’re celebrating!”] Will Members who are leaving the Chamber for whatever purpose please do so as quickly and quietly as possible so that I can call Minister Smith to speak to the motion? She should not have to fight to be heard, and we wish to hear her.

Chloe Smith Portrait Miss Smith
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Thank you, Mr Speaker. I shall speak to Lords amendment 7 and, with your leave, I shall speak to the other amendments in the group as well. It might therefore take me a few minutes to complete my speech, as it covers all the amendments.

Lords amendments 7, 10 and 11 will enable voters waiting in a queue at close of poll to be issued with ballot papers and to vote, even if the time of close of poll has passed. Following debates on the subject, the Government have decided to accept the principle of the amendments introduced in both Houses, to ensure that people are able to exercise their right to vote if they are already in the queue at 10 pm on polling day. The measure has attracted cross-party support in both Houses, and the Government agree with the sentiment behind a change in the law to enable voters to vote.

The Government did not accept amendments previously tabled on this subject, and have instead introduced their own group of amendments to address some of the issues identified by the previous amendments. For example, the amendment tabled by Lord Pannick did not apply to Northern Ireland and would have resulted in an inconsistent position for voters across the United Kingdom.

In tabling their own amendments, the Government remain concerned that all potential consequences for other aspects of electoral law of any new provisions relating to close of poll should be dealt with at the point at which the new provisions take effect, to reduce the risk of unintended consequences. I will not dwell at length on those amendments; suffice it to say that the term “close of poll” is used in a number of electoral provisions, including those that determine when exit polls may be published and the point by which postal votes must be returned. Some of those provisions attract criminal penalties and it would not be right if the impact of a change were not considered and addressed, to avoid a position in which people might fall foul of the law inadvertently. The amendments therefore provide for a proportionately limited power that will allow the Government to make any such consequential changes that might be required on commencement.

Let me make it clear that, although the Government are introducing these amendments, we remain of the view that proper planning by returning officers must be the first priority to reduce the risk of queues forming. However, this change to the law will provide an effective back-stop to supplement that planning. The Government have also consistently argued that administrative points remain to be addressed, and we will work closely with the Electoral Commission and electoral administrators on the best way to implement the amendments for voters. However, putting aside those points of detail, I hope that we can agree to support this change to the law for the benefit of voters.

The other amendments in the group relate to the transition to, and operation of, individual electoral registration. That is the core of the Bill, through which we aim to tackle electoral fraud and the perception of fraud. Under IER, electors will be required to register individually, rather than by household. In that way, we will be moving to a system in which individuals will have to provide information to verify their application, and so take responsibility for their registration to vote. That will modernise our electoral registration system, facilitating the move to online registration and making it more convenient for people to register to vote. Our aim is to tackle electoral fraud, increase the number of people registered to vote, and improve the integrity of the register.

It falls to me to rebut a few points made in the previous debate, as they properly relate to the subject matter in this group of amendments. I was concerned to hear the Labour Front-Bench team whipping up scare stories. It felt to me that they had little else to say, and their opportunism led them to introduce some confusion into our debate. It is important to note that the figures occasionally quoted, as I understand it, by the hon. Member for Vale of Clwyd (Chris Ruane), who is not in his place, related to an opt-out that was included in the draft legislation published in June 2011, and not to the transition to individual electoral registration in general. The hon. Gentleman quoted the concern of the Electoral Commission about completeness, potentially leaving, in his citation, 16 million people unregistered. Those comments were, I suggest, a misquotation of the Electoral Commission’s chairwoman, Jenny Watson. She clarified her opinion in a follow-up statement. I hope that is of help to the House.

It is also important to rebut very firmly further comments of the hon. Member for Vale of Clwyd. Sadly, I see that he is still not in his place, after having made the lurid suggestion that the Government are engaged in voter suppression. I cannot stand against that more strongly. I think it would be helpful if I noted that the Electoral Commission has been calling for the introduction of IER since 2003. It supports that introduction and believes

“it is the right thing to do because the current system is vulnerable to fraud; and it is right that people take responsibility for their own votes. The ‘household’ registration system means there is no personal ownership by citizens of a fundamental aspect of their participation in our democracy—their right to vote.”

I seek to support that right to vote. I am concerned that the hon. Member for Vale of Clwyd, who is still not in his place to engage in debate, made such lurid comments.

Geraint Davies Portrait Geraint Davies (Swansea West) (Lab/Co-op)
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The Minister will be aware that 25% of people in Britain are functionally illiterate, meaning that they cannot handle a yellow pages directory effectively, and that many others cannot speak English very well. There is reason to believe that when others are helping people to register in households, this move could lead to a reduction in registration and the disfranchisement of many of those people.

Chloe Smith Portrait Miss Smith
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I thank the hon. Gentleman for that thoughtful point. I would be happy to discuss that with him in more detail outside this place, as I fear that we will not have time in a full hour to deal with every way in which under-represented groups need to be assisted, supported and encouraged to register to vote. It is absolutely this Government’s intention and passion to get as many people registered to vote as possible. That would certainly include, using appropriate methods, the groups to which he has referred.

Graham Stringer Portrait Graham Stringer (Blackley and Broughton) (Lab)
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Does that mean that it is the Government’s policy to support house-to-house canvasses to make sure that individuals register, and will such canvasses be resourced?

Chloe Smith Portrait Miss Smith
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Yes, it is the Government’s policy that the annual canvass is a valuable part of the process. The hon. Gentleman will, I suspect, know as well as I do that it is for local authorities to resource that in the sense of providing the people to carry it out. He will also know that it has been clear throughout the passage of the Bill that the Government will ensure that financial resources are available to local authorities.

John Redwood Portrait Mr John Redwood (Wokingham) (Con)
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Just as we want to make sure that anyone who is eligible to vote is able to do so, we also need to make sure that only those eligible to vote do vote. Will the Minister remind us what checks there will be on an individual to prevent that individual from registering twice under different names?

Chloe Smith Portrait Miss Smith
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My right hon. Friend is absolutely right. The innovation of data-matching will allow us to cross-reference, we hope, about 70% of electors against other sources of data held by the Government. That will, in large part, assist the endeavour outlined by my right hon. Friend. It will help to ensure that the register is both as complete and as accurate as possible, and that those who should not be on the register are not included.

--- Later in debate ---
Neil Parish Portrait Neil Parish (Tiverton and Honiton) (Con)
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I, too, congratulate my hon. Friend the Member for Epping Forest (Mrs Laing) on her foresight and vision. It is great that the Government are taking on her suggestion, because there is no doubt that if a queue of people is waiting at the polling station to vote, it is not beyond the wit of man or woman to put a polling clerk or somebody else in the line to act as a marker between those who arrived before 10 o’clock and those who arrived afterwards. I cannot see any great argument for saying that that would delay the whole process, because at the count many boxes come in from all over the constituency and some will arrive first, meaning that their contents can start to be counted, whereas others will arrive later. We got ourselves into a bureaucratic nightmare that could be fixed quite simply. I am delighted that the Government have accepted the Lords amendment, and I congratulate my hon. Friend again on her foresight.

Chloe Smith Portrait Miss Chloe Smith
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I am grateful for the opportunity to add a few comments in response to what has been said. I suspect it comes as no surprise to anyone that this is the quieter end of this afternoon’s work and that we might finish rather sooner than the programme motion suggests.

The hon. Member for Caerphilly (Wayne David), if I understood him correctly, urged me to take a slightly different approach to the programme’s implementation date. Let me deal with that first. I stress again the points I made in my opening speech: like the hon. Gentleman, we want the transition to IER to be as clear and easy as possible for electors and administrators. The Electoral Commission is a key part of that work through its delivery of both the nuts and bolts—that is, the forms and operational guidance—and the publicity campaign that will accompany the transition.

It is important that we are all clear on the implementation plan. As my noble Friend Lord Wallace of Saltaire stated in the other place when outlining these amendments, we expect the transition to IER to take place on the time scale set out in the implementation plan published last July. I reassure the House, the Electoral Commission, administrators and electors that we are committed to implementing the transition to IER during 2014 and 2015, resulting in a register published in December 2015 that includes only individually registered electors.

Wayne David Portrait Wayne David
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If the Minister is reiterating the point that the Government are committed to the original implementation plan, why are they proposing to change the Bill? She cannot face both ways; it is one or the other. We all agree that we want clarity, but it must have a firm base. She cannot have her cake and eat it, as I said earlier.

Chloe Smith Portrait Miss Smith
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I humbly suggest that the other place—the revising Chamber that it indeed is—thought that this was a sensible way to go. I simply note, of course, that although I would have liked things to be as originally proposed—2015, with no further detail—this is a concession tabled in response to concerns expressed in the other place.

Wayne David Portrait Wayne David
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As the Minister belatedly says, of course this Government amendment was proposed in the other place. What I am suggesting is that, rather than having clarity as the prime motivation, the Government were quite keen to have a grubby little compromise and the Bill deserves better. It is far too important in principle to have a convoluted, contradictory implementation date. What we need, again, is clarity and straightforwardness. The people on the ground—the electoral registration officers—require that.

Chloe Smith Portrait Miss Smith
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I give the hon. Gentleman clarity and straightforwardness, as I have done several times now and will happily do again. The implementation plan for IER remains exactly the same. The Government amendment was tabled in response to concerns expressed in the other place. It strikes a sensible balance, and I note again all the benefits of a two-year transition that we have planned for, such as two canvasses and, of course, a general election where interest in politics will be high, starting in November 2013—that is, the transition, not the general election—backed up by our national campaign with the Electoral Commission to maximise registration. All those elements will now proceed apace, to the plan that we have set out, and I think that that is absolutely clear. I welcome the Electoral Commission’s direct confirmation that

“For practical planning purposes, the Commission’s view is that it will…advise EROs to plan on the basis that the point of removal is likely to be 2015”.

That answers the point and makes things as clear as possible.

Wayne David Portrait Wayne David
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The Minister is generous in giving way, but given that she has been unwilling to accept my reasonable suggestion, does she agree that at the end of the day the implementation date of IER will depend on the result of the next general election?

Chloe Smith Portrait Miss Smith
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It is no surprise to anyone to learn there will be a general election in 2015, and it is no surprise to anyone who reads the detail of the amendments to learn that a key decision will take place in the summer following that election. I make no secret of that. In fact, it is as well for me to have the chance to talk briefly about that because what we see is the ability for the then Government to take a reasoned and data-driven view of the completeness and accuracy of the electoral registers as they will then exist. For that reason, I have faith in the approach of the 2015 stop point being the right one, because I am confident that our plan will have delivered the completeness and accuracy that we all seek.

Wayne David Portrait Wayne David
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We are coming to the close of our parliamentary proceedings on the Bill, and I accept what the Minister says: the Government have a principled position, as I believe that we do, in wanting to ensure that as many people as possible who are entitled to be on the electoral register are indeed on it. As was mentioned earlier this afternoon, there is a great deal of concern that the Government might not be doing as much as they could to get groups that are traditionally under-represented on the electoral register engaged in the new process. In the Minister’s concluding remarks, will she reassure the House that that work is under way and will continue apace?

Chloe Smith Portrait Miss Smith
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I certainly do seek to give that reassurance, but not—I would like it noted—in response to the frankly lurid accusations that have been made this afternoon by Members who are no longer present in the Chamber. The Government’s aim is to tackle electoral fraud and to improve the integrity of the register. We are indeed undertaking a programme of activity to get the maximum number of eligible people on to the electoral register. That is vital. The Bill enables the introduction of a modernised electoral registration system that makes it easier for people to vote. It will improve the integrity of the register and, therefore, of the electoral processes that are based on it.

I welcome the comments of my hon. Friends the Members for Epping Forest (Mrs Laing) and for Tiverton and Honiton (Neil Parish) in seeking for voters to be able to cast their votes at polling stations. I am well aware of the history of that debate, both in this Chamber and in the other place. I recognise that in the course of the Bill we have been able to take a pragmatic approach to the concerns of both Houses and, I hope, to accommodate them in a way that delivers a sensible implementation programme and a Bill of which we can all be proud.

Lords amendment 7 agreed to.

Lords amendments 10, 11, 1 to 4, 6, 8, 9 and 12 to 22 agreed to.