Trade Union Funding

Alec Shelbrooke Excerpts

Wednesday 29th February 2012 Westminster Hall

[Robert Halfon]

Yes, I accept exactly what my hon. Friend says; I am all in favour of transparency. However, TUC membership now stands at 58 unions, representing 6.5 million people—more than the population of Scotland. Of those 58 unions, just 15 are affiliated to Labour, leaving 43 that are non-affiliated. In addition, there are huge numbers of small staff associations. My point is that those 6.5 million are a complex network of people, and the vast majority of them will be moderate Britons, in all sectors of the economy, from all walks of life, and not militant activists.

I am proud that our party has a long history of co-operation with the trade unions, beginning in 1867, before the Labour party even existed. It was the Conservative Prime Minister the Earl of Derby who first sought to legalise trade unions in 1867. He said in the House of Lords at the time that

“the voices of Manchester, of Birmingham, of Leeds, and of all the other important centres of manufacturing industry were absolutely unheard.”—[Official Report, House of Lords, 22 July 1867; Vol. 188, c. 1775.]

He praised a trade union march in London, insisting to a hostile Liberal Opposition that the process was entirely legal.

I say these things not because I am not a proud Conservative: I come from the Thatcherite wing of the party, but even Mrs Thatcher was an active trade unionist. In 1950, she was elected president of the Dartford branch of one of the first organisations that she ever joined, the Conservative Trade Unionists. One of her first engagements as Leader of the Opposition was to address the CTU. She told them in 1975—it is well worth hearing this quotation—that

“the law should not only permit, but…it should assist, the trades unions to carry out their legitimate function of protecting their members.”

We all remember Mrs Thatcher for the wars against Arthur Scargill and so on, but she was supportive of trade union members and grass roots, although she was against militants. I am a firm Thatcherite on trade union reform.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

To add to my hon. Friend’s comments about Mrs Thatcher, I remember that Norman Tebbit was very much a trade unionist within the aircraft industry and, indeed, led strikes.

[Robert Halfon]

My hon. Friend proves my point. In 1979, during the general election, trade union members held a mass rally at Wembley stadium under the banner “Trade unions for a Conservative victory”. That is the kind of future that I hope our Government will aspire to.

My conclusion is that we need to support the moderate majority of trade union members, most of whom are not political activists. In politics, language is everything. We should not be afraid to support grass-roots trade union members, to encourage people to join trade unions and—dare I say it?—to have, perhaps, the occasional beer and sandwich. We often discuss facility time, and, yes, we need to crack down where it is abused and say that it should not be used for party political activity. Nevertheless, some facility time is good. A local employer in my constituency, the bus company Arriva, says that facility time is incredibly beneficial. The politically neutral First Division Association, which has 20,000 members, uses facility time to relocate the families of civil servants who are serving overseas. While we crack down on the abuses, we should recognise that not all facility time is bad.

Whatever reform is pursued, our focus must be on what is right for union members. It may be worth returning to the original opt-in position for political levies, which was the status quo until 1945.

Finally, I will quote Richard Balfe, the former Labour MEP who came over to the Conservatives. He said:

“British politics has changed enormously in recent years. Labour has become a rich persons’ party and the Conservatives are reaching out to groups that in the past would not have been natural allies. We do not expect to convert the leadership of the trade union movement, but we do offer respect for the achievements of the movement and the possibility of a mutually beneficial dialogue.”

I say to the Government and my hon. Friends that, despite the rhetoric, let us not walk into the elephant trap set for us by Len McCluskey, Bob Crow and others.

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[Alec Shelbrooke (Elmet and Rothwell) (Con)]

It is a pleasure to serve under your chairmanship, Mr Owen. I congratulate my hon. Friend the Member for Congleton (Fiona Bruce) on securing the debate. It is important that things are debated. However passionate the arguments on each side are, there is nothing wrong with having this debate.

I have been disillusioned this morning. I am certainly not speaking in the debate to bash the unions. I do not believe that my hon. Friend the Member for Selby and Ainsty (Nigel Adams) wanted to bash the unions either.

[Fiona Bruce]

Will my hon. Friend confirm that not one single Member on this side of the Chamber has said anything other than to acknowledge the good work of the unions?

[Alec Shelbrooke]

When people look back through Hansard, they will see that much praise has been given to the trade unions.

I was a member of Unite for 11 years. My money ended up being spent against my hon. Friend the Member for Pudsey (Stuart Andrew), but there we go. I cannot say that I was ever funded by Unite. I believed in the trade unions, and one of the most important things about them comes down to the shop stewards. I have seen some good shop stewards—members of the Labour party and elected councillors. I was a Conservative councillor, and the shop steward in the university where I worked was a Labour councillor, but we were able to work together. A lot of it comes down to the shop steward on the floor, and I have seen progress being made.

I am not here to bash the work of the unions at all. The problem I think we have—I put this challenge to Opposition Members—is that if at the next general election, Royal Bank of Scotland turned up and said, “We have decided to give £10 million to the Tory party to campaign,” there would be outcry from the Opposition Benches.

[Nigel Adams]

From our Benches as well.

[Alec Shelbrooke]

Yes, probably from ours as well; we would not be happy with it. That is an important point. There is some perception that we are union-bashing, but that is not true. I remember listening to the speech made by the leader of the Labour party at conference, just after he had been elected. He spoke about the dinner ladies who were told that they had to buy their uniforms and aprons. The trade unions got involved and made sure that they did not have to do that. That is important work by trade unions.

Everyone here likes to mouth off. We are the people who stand up and front up. We will stand up, debate and have an argument, but 95% of the people out there would sweat with fear at having to stand up right now to make arguments. That is why we need healthy, working trade unions.

However, there are some problems, and there is an easy way to overcome some of the perceptions about the funding between trade unions and the Labour party. It is simple: instead of having an opt-out of the political levy, let us have an opt-in. Someone would have to opt in each year, which then has to be audited. Where the pot of money from the opted-in political levy is spent can be decided by the trade union.

[Jim Sheridan]

By shareholders as well?

[Alec Shelbrooke]

Absolutely. The hon. Gentleman asks whether shareholders would be able to do it. Why not? We are trying to empower shareholders.

[Mr McCann]

Does the hon. Gentleman not concede that it has already been tried? The Conservatives introduced the Trade Union Reform and Employment Rights Act 1993, which forced trade union members to re-sign up to their trade unions every three years—a further attack. Does he also concede that while he may believe in trade unions, the contributions from the hon. Members for Cannock Chase (Mr Burley) and for Witham (Priti Patel) demonstrate that they are on a completely different planet from the one he is on?

[Alec Shelbrooke]

I would not say that my hon. Friends are on a different planet from me; their arguments just have a different emphasis. Many Government Members believe in trade unions, and find it demeaning to be compared to the Third Reich. It demeans the hon. Member for Blaydon (Mr Anderson), who said that we were going the same way as Hitler by trying to remove the trade unions. That devalues the debate today, which is about where the funding comes from.

[Mr Stewart Jackson (Peterborough) (Con)]

Is my hon. Friend aware of the Warwick I and Warwick II agreements? To get the policies that they wanted from a Labour Government, the trade unions dictated the policies to be enacted by a Labour Government in return for union funding.

[Alec Shelbrooke]

There are indeed many stories, but I want to return to the specific—

[Jim Sheridan]

On a point of order, Mr Owen. That statement is completely untrue. Trade unions do not dictate Labour party policies. The hon. Gentleman should withdraw that remark right now—

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[Albert Owen (in the Chair)]

Order. That is a point of debate.

[Alec Shelbrooke]

Thank you very much Mr Owen. We have seen in the past couple of minutes where my frustration has lain, with people saying, “Unions do this” or “Union bashing”. That is not what the debate is about; it is about funding and how public sector money is used. Politics is about perception, and if there is a perception that public money given to the unions is then given to the Labour party, the best way to solve that problem is to tinker with the rules and have an opt-in, so that people can say where they want the money to go. Then the unions can say, “We have this many people opted in and this pot of cash, and we have decided to give it to the Labour party.” No one would argue with that. We cannot argue with that.

There may need to be some reform. The balance needs to be redrawn for some of the public sector workers working full-time purely on union business, but that is a different debate. Please do not make this an argument about union bashing. That is offensive to many Conservative Members who believe in the work of trade unions. I am not here to speak for everybody on the Government Benches, but I know that a great many of my hon. Friends very much believe in the work of the trade unions. A great number of us have been members of trade unions and have worked in places where we have seen their work, but that does not mean that the situation is completely okay; there are aspects that need reform, but debate is the best way to examine that.

[Ian Lavery]

Will the hon. Gentleman give way?

[Alec Shelbrooke]

I will, but I only have about 10 seconds.

[Ian Lavery]

The hon. Gentleman is being very conciliatory in his contribution. The political levy is covered in the Trade Union and Labour Relations (Consolidation) Act 1992. Union members must be balloted, whether or not they pay a political contribution.

Oral Answers to Questions

Alec Shelbrooke Excerpts

Wednesday 14th December 2011 Commons Chamber

The Minister for the Cabinet Office was asked—

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

1. What assessment he has made of the potential effects of planned changes to Government procurement on UK businesses bidding for contracts.

[Mark Pawsey (Rugby) (Con)]

6. What assessment he has made of the potential effects of planned changes to Government procurement on UK businesses bidding for contracts.

[The Minister for the Cabinet Office and Paymaster General (Mr Francis Maude)]

On 21 November, I announced a package of measures to transform how the Government buy. We want to save money for the taxpayer and for suppliers and to make it easier for small and medium-sized enterprises and voluntary organisations to bid successfully. That is why we have announced a pipeline of £50 billion-worth of future business opportunities. We will make it 40% quicker to do business with Government and we will, in future, engage proactively with current and future suppliers to discuss upcoming procurement opportunities.

[Alec Shelbrooke]

Will my right hon. Friend describe to the SMEs in my constituency of Elmet and Rothwell where they should go if they have any problems or issues with Government procurement?

[Mr Maude]

If there are problems not only in how central Government procure but across the wider public sector, I hope that my hon. Friend’s constituents will make contact with my Department through the helpline that we have set up specifically for the purpose. If they highlight how procurements are being done that entrench the old, inefficient and anti-enterprise way of doing things, we can then intervene proactively, as we have done on a number of occasions, to make improvements.

Trade Union Officials (Public Funding)

Alec Shelbrooke Excerpts

Wednesday 26th October 2011 Commons Chamber

[Mr Burley]

If the hon. Gentleman had given me more than a minute to get going, I would have come to that point. To answer his question directly, my contention is very simple: any activities that people undertake on behalf of trade unions should be funded by the trade unions and not by the taxpayer.

Some excellent research by the widely respected TaxPayers Alliance in September last year revealed some absolutely startling results. The TPA submitted freedom of information requests to 1,253 public sector organisations, including councils, Government Departments, primary care trusts, foundation trusts, ambulance services, fire services, and all quangos with more than 50 staff. It found the following to be the case. In 2010, trade unions received £85.8 million in total from public sector organisations. That £85 million is made up of £18.3 million in direct payments from public sector organisations—mainly the union modernisation and union learning funds—and an estimated £67.5 million in paid staff time: the subject of this debate. That total is up by 14% from 2008-09, when trade unions received just £76.1 million from public sector organisations. In 2009-10, the Department for Business, Innovation and Skills alone gave unions £15 million in direct subs. In 2009-10, total public funding for the trade unions was 20% more than the combined contributions to the Labour party and the Conservative party. Finally, in 2009-10, 2,493 full-time equivalent public sector employees worked for trade unions at taxpayers’ expense.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

It may interest Members to know that in Leeds city council a white paper was brought forward by Councillor Alan Lamb, a local small business entrepreneur, who said that it was outrageous that the council was spending £400,000 a year of taxpayers’ money on union officials. Does my hon. Friend believe it was right that that was voted down by Labour councillors who received money to get elected to Leeds city council in the first place? Is that not a personal and prejudicial interest?

[Mr Burley]

My hon. Friend makes an excellent point. I find it astonishing that, in this place and elsewhere, anybody with an interest is required to declare it, unless it is that they are a member of a union that funds them and their local constituency party.

Libya

Alec Shelbrooke Excerpts

Monday 5th September 2011 Commons Chamber

[The Prime Minister]

My hon. Friend speaks with great knowledge of this matter, and he is right to make that point. I have been impressed by the fact that the Free Libya Forces have extended the deadline for Gaddafi forces to surrender. Of course, there have been reports of abuse on all sides, although the Gaddafi war crimes put everything else into perspective. On the whole, however, it has been remarkable how the Free Libya forces have tried to behave properly and to integrate people who want to give up and reconcile.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

May I congratulate the Prime Minister on his work in going to the UN before any military action was taken in Libya? I reiterate to him that a constituent of mine fled Libya. They were full of nothing but praise. They were from Benghazi and, having been a British citizen originally, they were in fear of their life following the threats that Gaddafi made.

Will my right hon. Friend assure the House and the country that the Government’s policy will continue to be that no military action will take place anywhere in the world unless it is through the UN or NATO? Will he bear that in mind when recent reports from the US about the possible nuclear aspirations of Iran come into the debate?

[The Prime Minister]

I hear absolutely what my hon. Friend says, but I do not think that I can entirely give that assurance. I think it is important that Britain is able to act in self-defence, and sometimes there is not time to go to the UN or NATO, so I do not believe in giving that sort of assurance. On this issue, however, I think it was right to go to the UN, right to act with allies and right to bring together Arab partners to work with us. At all times, one should try to build the broadest alliances.

Public Confidence in the Media and Police

Alec Shelbrooke Excerpts

Wednesday 20th July 2011 Commons Chamber

[Edward Miliband]

I do not think that was the most helpful intervention from the point of view of the Prime Minister. The reason Rebekah Brooks was not coming to Downing street was that she was seeing him in Oxfordshire and elsewhere. It is fairly obvious, is it not? I think we should save the Prime Minister embarrassment and move on.

Let me turn to the police. Confidence and respect in policing is vital. Recent events have created a cloud and it is important that the excellent work being done by police officers is not tarnished.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

rose—

[Edward Miliband]

I will make a little more progress, if the hon. Gentleman will be patient.

The independence and impartiality of the police has been a cornerstone of the force stretching back to Sir Robert Peel. That is why recent events are so disturbing: allegations of payments to police by the press; a culture where it appears the relationship between press and police is too close and information is passed inappropriately; and questions about why the first police investigation failed and why it has taken so long to put things right.

There are now four different investigations considering these issues. That is a good thing and I hope they proceed as speedily as they can given all the inquiries. If they can be co-ordinated or brought together, I am sure that would be a good idea, too. Let me make one observation, though. There are cultural issues that must be looked at in our police. Just like in newspapers, there will always be things that go wrong. The question we must answer for victims such as the Dowlers is whether the right system of redress is in place for the victims and whether they have confidence in it. The situation is similar to that in the PCC and that is why we need a stronger Independent Police Complaints Commission. It is currently a complaints body with limited powers and a huge case load and it clearly has not been able or willing—probably able—to act proactively enough. As well as reforms to our press and to our complaints system for the press, we must also reform the police.

Public Confidence in the Media and Police

Alec Shelbrooke Excerpts

Wednesday 20th July 2011 Commons Chamber

[The Prime Minister]

I explained all this at Question Time last week. The point is this: if I had been given proper evidence that Andy Coulson knew about hacking, I would not have hired him. If I was given proper evidence that he knew about hacking, I would have fired him. I could not be clearer about it.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

May I congratulate the Prime Minister on taking the lead when new evidence came to light, and establishing an independent inquiry? May I urge him to assure my constituents in Elmet and Rothwell that having got the independent inquiry under way, he will focus on making sure that their jobs and livelihoods are protected, with the economic tsunami that is round the corner?

[The Prime Minister]

My hon. Friend makes an important point. One of the things we can now do is leave the public inquiry to answer a lot of these difficult questions and refocus ourselves on issues related to the economy, the eurozone and jobs, which badly need answers.

European Council

Alec Shelbrooke Excerpts

Monday 27th June 2011 Commons Chamber

[The Prime Minister]

First, as I said earlier, the IMF cannot lend money unless it believes that a country can undertake a programme that will lead it to pay back that money. Secondly, Britain’s interests are protected, because we will not contribute via the financial mechanism to Greece. Thirdly—I have said this before but I do think it important—the Greeks want some time, via some extra liquidity, so that they can take steps to get themselves back on a path to fiscal sanity. Of course, people can doubt whether that can happen, but the Greeks want to be able to get people to pay their taxes, to reduce spending programmes and to privatise assets so that they can get back to a position of financial sanity. That is the decision they have taken; that is the decision taken by members of the eurozone; and that is what the eurozone members themselves will support.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

With the Greece situation showing what happens if a country does not control its deficit, does my right hon. Friend the Prime Minister agree that the actions of Labour’s paymasters this Thursday show that they and the Opposition are more interested in dogmatic cobblers than harsh reality?

[Mr Speaker]

Order. I have explained the point on innumerable occasions to Members that questions are to be about the policy of the Government, not that of the Opposition, so we will now move on.

Oral Answers to Questions

Alec Shelbrooke Excerpts

Wednesday 2nd March 2011 Commons Chamber

[John Glen (Salisbury) (Con)]

7. What steps he is taking to make Government procurement simpler for small and medium-sized enterprises.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

9. What steps he is taking to make Government procurement simpler for small and medium-sized enterprises.

[James Morris (Halesowen and Rowley Regis) (Con)]

11. What steps he is taking to make Government procurement simpler for small and medium-sized enterprises.

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[Mr Letwin]

I would be delighted to welcome my hon. Friend and his constituents from Cavendish Films to discuss that very issue. The Minister of State, Department for Work and Pensions, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), has constructed the Work programme in a way that enables the main contractors to deal with the vast range of subcontractors on a payment-by-results basis, and I am sure there is plenty of opportunity for my hon. Friend’s constituents to be introduced to the participants in that programme.

[Alec Shelbrooke]

My constituency of Elmet and Rothwell has one of the lowest unemployment rates in the country, which is due mainly to a very successful SME base. Is the drive to procure from SMEs intended as a way of subsidising them, or is it the most efficient way for the Government to procure?

[Mr Letwin]

My hon. Friend raises another extremely important question. It is emphatically not the Government’s intention to subsidise small and medium-sized enterprises through the contracting process, but rather to enable Government to be more efficient by promoting the kind of innovation that SMEs so frequently bring to the work they do. Our feeling is that if we get locked into contracts merely with very large suppliers, we often lose that innovation, and we are determined to avoid that result.

Parliamentary Voting System and Constituencies Bill

Alec Shelbrooke Excerpts

Tuesday 15th February 2011 Commons Chamber

[Chris Bryant]

The Minister knows perfectly well that the Government are getting very close to the stage at which they will end up having an absolute majority in both Houses. The vast majority of peers who take part in the daily business of the House and vote with the most regularity are those who take a party Whip. Among those, there is already a majority for the governing coalition. The Labour party never had that when in government. My main point is that we have to have some brake on the Government, especially if we go forward and have an elected second Chamber. Otherwise, government becomes autocracy.

Lords amendment 104, so the Minister would have us think, effectively introduces a real opportunity for local people to have their say on proposals from the Boundary Commission. It was a Government amendment tabled in the Lords, but it was introduced in a way that was not quite as the Minister suggests. In fact, Lord Falconer had tabled an amendment and was prepared to waive it because the Government said that they would return on Report with a full process that would embody the ideas behind public inquiries. In fact, Lord Wallace of Tankerness said specifically that

“the Government’s position has been that we are open to considering reasonable improvements to the process, provided that they do not compromise the fundamental principles of the Bill, and that still remains our position.”—[Official Report, House of Lords, 26 January 2011; Vol. 724, c. 1069-1070.]

I do not know what fundamental principles of the Bill might mean that local people cannot have an effective voice, but that is what we have ended up with.

Let us be absolutely clear that what the Government propose does not meet the objections made by the Cross Benchers, Labour peers or many others who believe that local people should be able to have a proportionate say after the Boundary Commission has made proposals. For a start, the inquiries will not be local. There will be five at most across the whole of Wales and five in each region. I look forward to going to one of the five in the south-west, covering an enormous region with wide diversity. Each hearing will probably cover about 10 constituencies. I say to the hon. Member for Truro and Falmouth (Sarah Newton), who spoke earlier about Cornwall, that I do not think there is a chance in hell of local people in Cornwall having their views heard properly in the process. In addition, because of how the Bill is constructed, it will be impossible for the Boundary Commission to do anything about it even if it says that Cornwall should not be split up. The principle of the Bill to which the Minister is so adherent in some parts of the country, but not in all, is that the size of parliamentary constituencies should be equalised—too aggressively, I believe.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

Will the hon. Gentleman define “local people”? Is he talking about unelected local people, local councillors or everybody?

[Chris Bryant]

I mean all those. There is an important distinction, which, as my hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt), who is not in his place, said earlier, was discussed in the evidence that was given to the Select Committee last week. Political parties have their views to express—in the past, some have employed a barrister to express it for them, and that is perfectly legitimate. Sometimes, local councils want to take a view because they have a role in electoral registration and so on, but often local people in a small village, such as Much Marcle or Midsomer—if anyone is still alive in Midsomer—who are independent of any political affiliation, want their voice to be heard. They want to say, “No, frankly, we in Acton Burnell don’t”—or do—“want to be in Shrewsbury constituency.” We need a process whereby the people of Acton Burnell, where Parliament was held at Michaelmas in 1283, can express their view, and that will be impossible if there are only five hearings across the whole region. There will not be a hearing for each constituency. It is not each constituency that will be considered right or wrong. That is one of the problems.

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[Chris Bryant]

My hon. Friend makes a perfect point. He is absolutely right. Someone cannot be judge, jury and appeal judge of their own decision. The danger is that people will go to court to try to resolve the problem. That is inevitable. All the Cross-Bench lawyers who spoke in the Lords debate made that precise point. That is why we have tabled an amendment to a Lords amendment—I hope that we can divide the House on it, unless the Government are minded to accept it—that would make it clear that public inquiries are intended not just to allow somebody to make a representation, but to effect change if necessary.

[Alec Shelbrooke]

Will the hon. Gentleman give way?

[Chris Bryant]

I will not, if the hon. Gentleman does not mind, because we are on a time-limited debate and I have already given way to him once. He knows that I nearly always give way to everybody.

We have also tabled amendments to Lords amendment 27, which would allow for the creation of a committee after the next general election in June 2015 to consider the effects of the reduction of seats from 650 to 600. It is our fundamental assertion that it would make far more logical sense first to consider the role of MPs, what their job is and therefore how many MPs we need, and then to draw up the boundaries, rather than the other way around. That is why we have tabled amendments to that effect. As we have suggested many times before—Conservative Members have said this as well—there is no electoral mandate for the reduction from 650 to 600. There is no logic behind it and no Minister has ever been able to come up with a reason that figure has been chosen, other than, we suspect, the fact that if we went down to the original Conservative manifesto proposition of 585, we would lose another wodge of Liberal Democrat seats, and consequently—[Interruption.] I merely suggest to hon. Members that they might choose to table amendments to take us down to 585. However, we do not accept the way in which the motion has been advanced.

I want to refer briefly to two other issues. One is the matter to which the Minister referred in his swift run-through of minor amendments made: the issue of postal voters which was raised when we discussed the matter in Committee of the whole House. If someone is registered for a postal vote for an election in Scotland, England, Wales or Northern Ireland, will they automatically get a postal vote for the referendum? As I understand it, that is now to happen—[Interruption.] Actually, I know because I read the Electoral Commission’s report on it. Some people are concerned that others will by dint of that receive two postal votes for the referendum, because some people are registered in two places, including many MPs, who might be registered at their flat in London as well as in their constituency. They might be registered in both of those for postal votes and might then get two referendum ballot papers. That is obviously an issue that needs to be addressed. It was discussed in Committee.

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[Sadiq Khan]

I agree with every word the hon. Lady has said. She has sat through many debates in the past few months without having the chance to speak in them. It is interesting that we are lectured regularly by the Deputy Prime Minister about principles but that he is willing to throw them in the bin when it suits his party political purpose.

In addition to the exception for the Western Isles and others, the Government are making a further exception for the Isle of Wight, so there will now be two seats with 55,000 voters—so much for one vote, one value. The Government have put aside their concerns about the knock-on consequences and about equality of seats where it suits them, so equality is not the only value or issue being considered. It is obvious that there have to be exceptions on equality for the Bill to be workable in practice.

Lord Pannick’s amendment 19, which was passed by a fair majority in the other House, represents a compromise. To give the amendment the justice it deserves, it is not just the average between the positions of the Government and the Opposition, but a genuine refinement of the measure. To paraphrase, it is fair, reasonable and workable. Having constituencies that can vary in size, in exceptional circumstances, between 92.5% and 107.5% of the norm allows sufficient flexibility to satisfy the concerns of many who think that the Government’s approach way too rigid. When a Bill of this constitutional significance has not had proper pre-legislative scrutiny, it is incumbent on the Government to pause and consider the criticisms made by all-party Select Committees of the Commons and the Lords.

The amendment was moved in the other place by one of the country’s leading lawyers. If we ignore it, that raises questions about the purpose of having Cross-Bench experts in the other place. It was passed by a significant majority, but the Government, rather than seeking to accommodate it, are trying to overturn it in the Commons by taking advantage of their huge majority. The amendment was passed by a significant majority in the Lords after 60 new Government peers had been placed there. That speaks volumes about the merits of the arguments behind it.

Reliance on a rigid mathematical formula could result in problems in parts of the country where there is a risk that unique geographical and historical circumstances will be disturbed and that the local legitimacy of constituencies will be undermined. That is not just our opinion; it is shared in many quarters.

[Alec Shelbrooke]

Will the right hon. Gentleman give way?

[Sadiq Khan]

I want to make some progress.

Democratic Audit, a think-tank attached to the university of Liverpool, has argued that greater flexibility is needed in the system for a number of reasons. It would lead to far fewer county boundaries being crossed, a reduction in the number of wards being split, a lower chance of towns and villages being divided between constituencies and better community cohesion. Let me throw into the mix that such flexibility would also mean that the clarion calls from Cornwall for the preservation of parliamentary representation west of the Tamar would be satisfied—no doubt to the relief of those Members who represent the fiercely proud people of that part of the south-west.

I emphasise that the amendment is not partisan, so it ought to find favour on both sides of the House.

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[Paul Murphy]

The Union will be weaker as a result, because the Bill will not take into account the various points that I have just described. If we do not allow the small countries within our larger country to be properly represented within the Chambers of the legislature, we will ensure a bad effect on the relations between different parts of that country.

As a former Secretary of State for Northern Ireland, I really do not believe, as my hon. Friend the Member for Foyle (Mark Durkan) said, that the Government have thought for one second about the political impact of the changes before us on the constituency boundaries in Northern Ireland. They do not understand that, when we drew up the Good Friday agreement, much of our argument was about how we could create a sensitive balance between Catholic and Protestant, Unionist and nationalist in Northern Ireland. That balance will be upset by the rigidity on which the Government have embarked, and at this very last moment I urge the Minister and the Government to change their minds.

[Alec Shelbrooke]

My problem with Lords amendment 19 is new paragraph 5A(b) of schedule 2 to the Parliamentary Constituencies Act 1986, which states that

“such necessity arises from special geographical considerations or local ties”.

I want to focus on “local ties”, because that is why I shall vote against the amendment. It is bad law, and, looking at “local ties” and how that might be expanded, we should consider my seat, Elmet and Rothwell.

First, let us focus on Rothwell, which between 1917 and 1955 had its own parliamentary constituency. After that, it was included in others, and at the most recent election it fell outside a safe Labour seat for the first time, making me the first Conservative MP for Rothwell.

Moving on to special interests and local ties of an “exceptionally compelling nature”, however, I note that outside my constituency there is a village called Sherburn in Elmet. Many people in that part of the world, when I tell them that I am the MP for Elmet and Rothwell, say, “Ah, I live in Sherburn in Elmet; you’re my MP,” but of course, I am not, because it is not in my constituency.

[Nigel Adams (Selby and Ainsty) (Con)]

My hon. Friend and constituency neighbour refers to Sherburn in Elmet. I assure him that the people of Sherburn in Elmet consider themselves very much in North Yorkshire and would be appalled at the idea of being seen as part of Leeds.

[Alec Shelbrooke]

Absolutely. That makes my point entirely. When considering special circumstances and local ties, would not Sherburn in Elmet, part of the Celtic kingdom of Elmet, become part of a constituency incorporating Elmet? Would that not come under special interests and considerations? Would not precedent be brought forward in the courts in terms of representing that seat? The amendment is absolute nonsense which leads to grey areas in the Bill.

I want to talk about the 5% barrier. In the Leeds area, Elmet and Rothwell has 78,000 electors, and perhaps this point did not occur to the Opposition when they put their proposal together, but their variations on 76,000, the figure in the Bill, take us perilously close to the 68,000 electors in Leeds North East, a Labour seat; to the 65,000 electors in Leeds East, also held by Labour; and to the 65,000 electors in Leeds Central—Labour. The only exceptions are Morley and Outwood, which has 74,000 electors, although I believe the right hon. Member for Morley and Outwood (Ed Balls) would need only a 1.5% swing to lose the seat; and Pudsey, which has 69,000 electors. The 5% barrier is fine; it allows us not to go down the path of dividing villages or streets. The idea of trying to increase the percentage is just an attempt to preserve the Labour party’s in-built advantage.

[Mrs Laing]

The amendment cannot stand: first, it is unclear, and it would be wrong for this House to make laws that are unclear; and secondly, it is unfair.

Fixed-term Parliaments Bill

Alec Shelbrooke Excerpts

Wednesday 24th November 2010 Commons Chamber

[Mr Straw]

But the pact was not with the Conservative party. Sadly, in some ways, the Labour party is far less ruthless than the Conservative party when it comes to worrying about its own survival. I am happy to discuss the details and the highways and byways of the Lib-Lab pact, because I worked as a special adviser, as they were pompously called and, I think, still are, to the great Peter Shore at the time—and necessary it was, too. In those days, at least the Liberals had some sense of which side they were on, but they have abandoned even that idea since.

I shall speak specifically to amendment 4 in the name of the hon. Member for Stone (Mr Cash) and many of my right hon. and hon. Friends, which would delete clause 2(1)(c), the measure providing the two-thirds trigger for a Dissolution. The hon. Lady made a slip of the tongue that, as often with such slips, held a revealing truth. She talked of a motion of “no consequences”, rather than a motion of no confidence, and, apart from the fact that I object to the idea of special majorities in the House, it seems to me that the trigger is wholly redundant, unnecessary and, indeed, offends the role of the House in holding the Executive to account. Now that the Liberal Democrats and the Conservatives have had to abandon the completely naked idea of a 55% trigger, which would have enabled the most extraordinary circumstances to arise, they should abandon the provision before us, including the two-thirds trigger, altogether.

The provision was included in the Bill as a copy-out from sections 3 and 46 of the Scotland Act 1998. The Deputy Prime Minister first tried to make up the arguments for the measure on the hoof, and somebody pointed out to him that such a trigger existed in the 1998 Act. He suggested that it was a completely rigid trigger, and that the only way in which an election for the Scottish Parliament could be called was by a two-thirds majority of every MSP. Closer examination of sections 3 and 46 of the 1998 Act shows that that is simply not the case, however.

Section 3 does, indeed, provide for an early election if

“two-thirds of the total number”

of MSPs vote for one or, as subsection (1)(b) goes on to state, if

“any period during which the Parliament is required…to nominate one of its members…as First Minister ends without such a nomination being made.”

Under section 46, the First Minister’s nomination is by a simple majority. If it transpires that nobody in the Scottish Parliament can command a simple majority—in other words that no confidence in either party is declared and the Government in Scotland cannot continue—there is by virtue of that fact an election, and that is entirely right.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

I am listening carefully to the right hon. Gentleman, and I want to push him on the points that he is making. The possibility of a no-confidence vote still exists in the Bill, and if a Government could not be formed in 14 days we would go to a general election. Would he prefer the power to call a general election to remain solely in the gift of the Prime Minister or in the gift of this House?

[Mr Straw]

I am in favour of a fixed-term Parliament, although I would have wished it to be four years. So, too, did the Liberal Democrats wish it to be four years. Indeed, they spelled that out in a document dated 10 May 2010 headed “Recovery and Renewal”, which contained their proposals in the coalition talks for what became the coalition agreement. I am indebted not to the department of open government in the Liberal Democrat headquarters for providing wider sight of this, because whatever they think about the Freedom of Information Act 2000, they certainly do not apply it to themselves, but to the New Statesman and its website. For greater accuracy, however, I have a copy here. It says:

“Immediate legislation to…set the date of the next election for June 2014, and establish”—