European Union (Future Relationship) Bill

Cat Smith Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 30th December 2020 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

Today, we are faced with a choice between this flawed deal or no deal. I do not welcome this deal, and there is plenty in it that I do not like, but I accept it. I accept that it is better than no deal. It is the least worst option on offer today. It is the least worst option for business. It is the least worst option for supply chains, for the economy and for jobs. Speaking to local businesses in Lancaster and Fleetwood, they tell me that they are relieved that this deal will provide some certainty, finally, after four-and-a-half years of uncertainty. Although everything in it might not be what they want, at least they have something to work with other than those Government adverts that say, “Get ready for Brexit.”

Let us face it: this deal falls far short of what the Government promised. I want to reserve most of my remarks today to fishing. Vote leave, led by the Prime Minister, promised to secure “an even better deal” than the one that was tariff-free for fishers and that offered full control over access and quota as well as frictionless trade of course. That is important because we export 80% of what we catch, mostly into the EU, and import 70% of what we eat. The industry has called for free unimpeded trade on fish and fisheries products to ensure that supply chain continuity. As we leave the common fisheries policy, it is clear that the Government’s demands in negotiations have been severely watered down in the final agreement that we see today. When it comes to over-promising and under-delivering, this Prime Minister certainly has form. The reality is that the communities, such as my own in Fleetwood, who voted to leave the EU on bold promises about the regeneration of fishing will be left very disappointed.

I want to make a few remarks about the £100 million promise that has come from the Government in recent days and I say this: it had better be more real than the promise of £350 million a week for the NHS that was plastered on the side of a bus. That £100 million will not be enough to truly transform coastal communities up and down these islands who desperately need that investment, and that is the reason why many of them chose to vote to leave the European Union.

I will vote for this Bill today, because the old divisions between leave and remain are over and the two options before us today are leaving with a flawed deal or leaving with no deal tomorrow. I shall cast my vote in the national interest. I do so not because I think that this is a good deal—and I reserve the right to criticise it, which I certainly will be doing in this House—but because I want to put the national interest first, unlike those who play politics by voting down this Bill today.

Oral Answers to Questions

Cat Smith Excerpts

Thursday 17th December 2020 Commons Chamber

[Penny Mordaunt]

One of the partners we are working with is public health organisations and authorities, and the hon. Gentleman is absolutely right: we want to ensure that everyone, whether they are officers or volunteers, is safe. We also anticipate, for example, that we will have extra demands on postal votes and so forth, and we are determined to ensure that we have the supply to meet that demand, but the issues that he raises are at the forefront of our minds.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

My hon. Friend the Member for Jarrow (Kate Osborne) set out the scale of these elections very clearly. With less than five months to go until these major polls right across the United Kingdom, I hope the Minister will be able to respond to some questions that are on the minds of electoral administrators, campaigners and, most importantly, voters. Will voters be required to wear face coverings in polling stations? If so, will polling clerks be expected to enforce that, and what resources will they get to do that? If they are not required to wear face coverings, what protections will be put in place to protect staff in polling stations? What steps are the Government taking to ensure that we have adequate staffing at polling stations? As my hon. Friend the Member for Stockport (Navendu Mishra) set out—and I do not think the Minister adequately answered his question—so many of our volunteers are from an older demographic, and if the vaccine programme is not sufficiently rolled out, we face a shortage of staff.

[Penny Mordaunt]

I thank the hon. Lady for raising those issues. Hopefully, we will be in a happier place when the elections arrive because of the vaccination programme, but she raises some important issues. Just as retailers, healthcare settings and so forth have put in place measures to make them covid-secure, whether those are public health-related measures or the enforcement and policing of them, we will do the same at polling stations and at counts. We will ensure that there will still be the transparency that people want through scrutineers and so forth. We will also introduce some slight legislative changes to enable, for example, somebody who has to isolate very close to the election to still be able to cast their vote. We are working through all these issues with those organisations methodically, and we will have those elections. They will be safe, and they will still have integrity.

Public Health

Cat Smith Excerpts

Tuesday 1st December 2020 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

Lancashire is an awful long way from Kent, but, as I follow the right hon. Member for Ashford (Damian Green), I can say that there are many parallels in the experiences that I have had this weekend with the experiences that he describes with his constituents. Tomorrow, my Lancaster and Fleetwood constituency, along with the whole of Lancashire, goes into tier 3 restrictions. However, from the outset, I want to stress that I do support necessary measures to protect public health, but those measures must have support from local communities, buy-in from local leaders and a support package for our local economies. That would mean that the regulations will be respected by local communities.

I was struck by what the right hon. Gentleman said when he paraphrased one of his constituents, which was that when the rules are stupid, why should we follow them. I feel like I have spent my weekend hearing from constituents who say that it is unfair that Lancaster and Fleetwood has been placed under tier 3 restrictions when the infection rates are far lower than those in the vast majority of London boroughs, which end up in tier 2, and lower than those in neighbouring district councils such as South Lakeland, which is in tier 2, as is the whole of Cumbria. When my constituents see an unfairness and a discrepancy in how these tiers are applied, the kickback tends to be, “Well, why should I follow them?” I have been very clear as a Member of Parliament that my constituents should follow the regulations in tier 3. I do not feel it is fair that they have been put into those restrictions, but it is important that we follow those restrictions in order to ensure that infection rates come down.

I want to set out a state of health picture. I am very grateful to the University Hospitals of Morecambe Bay NHS Foundation Trust for setting out such a clear and open picture of how my local hospitals are doing. I stress that these are running totals and not validated data. As of last night, our area has had 317 deaths since the start of the pandemic. Currently, three wards are closed at the local hospital and bed occupancy at the Royal Lancaster Infirmary, as of last night. was running at 98%.

I understand the seriousness of this health crisis and this pandemic—all this is having an impact on regular and scheduled operations as well—but the Government really must set out how they believe that these restrictions are going to be effective and fair, because right now the second wave is having a disproportionate impact on the north, particularly when it comes to local businesses. Those businesses have made clear representations to me, as a local Member of Parliament, about the fact that the £20-a-head business support grant, which is a one-off payment to local authorities, will have to stretch for the length of time we are in tier 3 restrictions. For communities such as mine in Lancashire, that money has to stretch the same length of time as it does for, say, Cornwall, which was placed in tier 1 restrictions and had to make it last for just 28 days.

When it comes to the local economy, my constituents are quite frankly annoyed to read reports in papers such as The Sunday Times that London’s economy was taken into consideration when the decision was made to place London into tier 2, but the economy in the north of England was not taken into consideration as one of the five factors. That stinks of one rule for the south and for London and another rule for the north. That is not the message that the Government ought to be sending if they need to bring local communities and local leaders along with them in order for the restrictions to be enforced.

Finally, I stress that in Lancashire we had cross-party consensus among everyone—from the Conservative-run county council to Labour district councils to MPs such as myself—that it would have made sense to look at Lancashire district-by-district rather than county-wide, given that it is such a diverse county that looks in very many directions.

Covid-19: Winter Plan

Cat Smith Excerpts

Monday 23rd November 2020 Commons Chamber

[The Prime Minister]

Yes, indeed. I can tell my hon. Friend that local restrictions support grants are still available—£3,000 for every 28 days that a business is forced to close.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

Under the previous tiering system, my constituents in Lancaster and Wyre were frustrated that, although they had infection rates at the bottom of the Lancashire table of infections, they were bound by the rest of the county when it came to the tiering system. Will the Prime Minister reassure my constituents and businesses that operate in my constituency that district councils will be taken into account and consulted when deciding which tiers we are going into?

Oral Answers to Questions

Cat Smith Excerpts

Thursday 12th November 2020 Commons Chamber

[Michael Gove]

Yes, my right hon. Friend makes an important point. While taxation matters are questions for the Chancellor, who will be updating the House shortly on a variety of important fiscal matters, it is nevertheless the case that outside the European Union we can lower VAT in a way that we could not within the European Union—one of the many benefits of Brexit.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

The right to vote independently and in secret should be enjoyed by every voter at an election. I draw the Minister’s attention to the recent report by the Royal National Institute of Blind People about the last general election that found that just one in 10 blind voters and less than half of partially sighted voters were able to cast their vote independently and in secret. What steps are the Government taking to turn around those terrible statistics so that blind and partially sighted voters can enjoy the right that sighted voters have to vote independently and in secret?

Oral Answers to Questions

Cat Smith Excerpts

Thursday 1st October 2020 Commons Chamber

[Chloe Smith]

I thank the hon. Gentleman for his question. He and I both know that he is an experienced hand at election matters. I welcome his scrutiny of this question because it is important. We want the elections in May next year to go ahead, because it is extremely important that we are able to continue with our normal way of life as a country, rather than seeing any further postponement of important elections.

I do not take the view that all-postal elections would be a wise move, however, for the following reason. It is principally that we have already seen around the world that elections can be run in person safely during this pandemic. We are confident that that can be the case here as well, and I am doing all the work necessary with the electoral community to make sure that is so. Indeed, I published evidence of that only recently, which I am sure the hon. Gentleman has already seen.

Furthermore, it is an important part of our elections that people can actually choose the way in which they vote—as I have already said, by post, by proxy or in person. We think that it is important to maintain that and that there is not a good enough reason to do otherwise.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

This week, we have seen thousands of Czechs who are quarantined at home participating in regional and Senate elections by voting at drive-in polling stations. From the Minister’s response to my hon. Friend the Member for Blaenau Gwent (Nick Smith), it is clear that this Government have run out of ideas about how to make sure that the May 2021 elections are both covid-secure and innovative to ensure that voter participation is high at these elections. Is it the case that this Government have really just run out of steam?

[Chloe Smith]

No, it is the hon. Lady with those reused arguments.

Draft Representation of the People (Electoral Registers Publication Date) Regulations 2020

Cat Smith Excerpts

Wednesday 16th September 2020 General Committees

[Cat Smith (Lancaster and Fleetwood) (Lab)]

Thank you, Mrs Miller; it is a pleasure to serve under your chairmanship, and I congratulate you on your appointment to the Panel of Chairs. It is a pleasure to have the Front-Bench election teams back together again.

I want to start by making it clear that the Labour party will not oppose the regulations. We welcome the steps that have been taken to give electoral registration officers flexibility in carrying out the annual canvass and publishing electoral registers. The two-month delay of the final deadline is a reasonable step in the circumstances. I put on the record my thanks to EROs, who do an incredibly difficult and stressful job at the best of times, but in the current context, they are doing an incredibly challenging job in difficult times. Asking them to complete the annual canvass to the usual strict deadline during a global pandemic would, of course, have been entirely unfair. The measures are practical and necessary given the health emergency that we face.

I would urge a slight word of caution: an annual canvass has not been completed since the new reform was brought in, and I have serious concerns and questions about whether that light-touch approach to electoral registration could leave troubling gaps in the electoral register. The changes could jeopardise the primary purpose of the annual canvass, which is to ensure that the electoral register is as accurate and complete as possible.

Of course, we know that there are huge issues with electoral registration: in the region of 9 million eligible voters are incorrectly registered and are denied the chance to vote. Will the Minister outline the action that she has taken to remedy that situation and to address the fact that there is a race disparity between different groups in electoral registration? White people are most likely to be on the register, at 84%. According to the Electoral Reform Society, that can drop to nearly 40% for people from other ethnic backgrounds, and of course, millions could join them in being denied their chance to vote if the Government’s voter identity plans come to fruition.

These are all inter-related and vital issues for the integrity of our democracy. I welcome the pragmatic steps taken in this legislation, but there remain some wider trends in electoral registration and participation that the Government must urgently address.

Oral Answers to Questions

Cat Smith Excerpts

Thursday 16th July 2020 Commons Chamber

[Amanda Milling]

I congratulate my hon. Friend on bringing that issue to the attention of the House. I recognise that the proposed River Thames scheme might have the potential to better protect thousands of homes, contribute to the local economy and increase the social and environmental value of the river. I understand that the Environment Agency has offered to brief him on the progress of the scheme, and I encourage him to take up that offer.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

During the pandemic, certain sectors and regions have been disproportionately hit by this economic downturn. In many cases, this is falling on the shoulders of those who are least able to carry it. In Lancashire, 82 businesses have collapsed in May alone and almost 19,000 jobs in the county have been lost during the pandemic. A failure to provide sector-specific, regionally focused support to those most at risk could end up costing many more jobs. What steps are the Government taking to apply a regional lens to this crisis and, in particular, to provide vital investment to counties such as Lancashire?

[Amanda Milling]

Mr Speaker, you will know that I know Lancashire very well, having lived there for 15 years myself. We recognise that every region and community will be feeling the impact of covid-19. That is why the Government have introduced unprecedented support for businesses and workers across the country to support them through this economic crisis.

Parliamentary Constituencies Bill

Cat Smith Excerpts

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

[Cat Smith (Lancaster and Fleetwood) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to consider the following:

New clause 2—Allocation of constituencies—

‘(1) Rule 8 of Schedule 2 to the 1986 Act (the allocation method) is amended as follows.

(2) After rule 8(5) insert—

“(6) Notwithstanding the allocation of constituencies according to the allocation method set out in rule 8(2)(5), there must be a minimum allocation of constituencies as follows—

(a) Wales must be allocated at least 40 constituencies (including the protected constituency);

(b) Scotland must be allocated at least 59 constituencies (including the two protected constituencies);

(c) Northern Ireland must be allocated at least 18 constituencies; and

(d) the allocation of constituencies must be adjusted accordingly.”’

This new clause seeks to protect representation in the devolved nations by securing a minimum number of constituencies in each of the devolved nations.

New clause 3—Definition of “electorate”—

‘In rule 9(2) of Schedule 2 to the 1986 Act, for “whose names appear on the relevant version of a register of parliamentary electors” substitute “who are estimated by the Electoral Commission to be eligible to vote in an election, were they to register”’.

This new clause would change the definition of ‘electorate’ to include all potential electors, both those who are on an electoral roll and those who are not.

Amendment 1, page 2, line 19, leave out clause 2.

This amendment aims to maintain the status quo of parliamentary oversight within the boundary review process.

[Cat Smith]

It is a pleasure to speak again on the Bill, as it gives me the opportunity to put on the record the Labour party’s support for the boundary review in time for the next general election. I would like to start by thanking all the right hon. and hon. Members who served on the Bill Committee—in particular my hon. Friend the Member for City of Chester (Christian Matheson), who regrets that he cannot be with us this afternoon.

Our current constituencies were drawn up on electorate data that is now nearly two decades old; we cannot go into the next election with constituencies based on data that will, by then, be a quarter of a century out of date. Our country and our communities look very different, and the review will take into account new electors as well as significant demographic shifts. A review is urgently needed, and the Opposition do not stand in the way of that.

Throughout the Bill’s passage, we have worked constructively to improve it for the good of our democracy, and there have been areas of distinct improvement along the way. The size of the House of Commons has varied massively over the centuries. The largest Commons, in 1918, came in at 707 MPs—they really would have struggled with the social distancing measures we are adhering to. However, certainly in the last two centuries, we have not dropped below 615 MPs. Reducing the number of MPs while maintaining the size of the Executive was always an affront to democracy, and I welcome the Minister’s U-turn on that matter. Given our departure from the European Union and this Government’s chaotic handling of the current pandemic, it is clear that there will be plenty of work for 650 MPs.

We supported and welcomed the amendment in Committee to use the March 2020 register for the new boundary review. It is important that we use the most accurate snapshot of our country to draw up our electoral boundaries. The inclusion of Ynys Môn as a protected constituency is something that the Labour party has long campaigned for, although I was surprised to see the Minister support it in Committee, given her party’s previous firm opposition to it. But then I remembered that the Tories may have an alternative motivation for suddenly recognising the island’s unique status. I welcome that recognition all the same.

--- Later in debate ---

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

I have been listening intently to what the hon. Lady has been saying, and at the very beginning of her speech she lamented the fact that it has been so long since we implemented the recommendations of a boundary review. The explanatory note to amendment 1, to which she is now speaking, says that the amendment

“aims to maintain the status quo”.

Does what she said not prove that the status quo has not been working, hence why we have brought forward this Bill?

[Cat Smith]

Quite the opposite: I am arguing that under the status quo the only blockage to the passing of a boundary review has been the Government, and they would, under this Bill, still have the power to put up the same block as they have the past two times that a boundary review has failed to go through this House. It is worth noting that if it was not for parliamentary oversight, we would have a 600-seat Parliament today. Perhaps that is an example of parliamentary scrutiny at its best.

[John Spellar (Warley) (Lab)]

My hon. Friend is getting to the nub of the issue. The reason why the Government failed to put the past two boundary commission reviews to the House of Commons was that their stubbornness in sticking to 600 seats meant that they would not be carried. The fault lay with the Prime Minister rather than with the House of Commons. That is the real problem.

[Cat Smith]

My right hon. Friend made some thoughtful and interesting contributions in Committee and continues to do so on Report. The points he raised are entirely correct. The Government would do away with Parliament’s role in the process—a role that Parliament has always had. In short, the Bill removes the power from Parliament and hands it to the Executive. The Government’s justification for the change simply does not stack up. The Minister says that her Government are removing Parliament from the process to prevent delay and interference from MPs, but according to Professor Sir John Curtice—and who are we to challenge him?—delay and interference by the Executive will still be “perfectly possible”.

[Mrs Maria Miller (Basingstoke) (Con)]

I apologise for interrupting the shadow Minister’s train of thought, but she keeps repeating this “fact”, which is not a fact at all. The Bill actually takes away power from the Executive; it does not give the Executive more power, because it removes the reserve powers of Government to amend the boundaries. The hon. Lady needs to set the record straight; otherwise, she risks misinterpreting the Bill for a wider audience.

[Cat Smith]

I thank the right hon. Lady for her intervention, but I am afraid that I quite simply disagree. This Bill takes power away from the whole of Parliament and hands it to the Executive. After all, they are the ones who can table primary legislation and choose to bring forward or not to bring forward the report for a vote. The power has been in their hands, which is why we are in the mess that we are in today with boundaries that are 20 years out of date, and looking to be a quarter of a century out of date by the next election if we do not make progress with this Bill.

In her speech on Second Reading, the Minister stated that the removal of parliamentary oversight and approval would quicken the process, thereby avoiding wasting public time and money. If she is so concerned about wasting public time and money, why did she allow the commissioners to carry on with their sixth periodic review and then not bring it to Parliament for a vote?

New clause 1, which stands in my name and in the name of the Leader of the Opposition, is a pragmatic and constructive amendment. I very much hope that Members will consider supporting it. It seeks to alleviate the inevitable break-up of communities resulting from the too narrow 5% quota. While the commissioners should always aim to hit electoral quota, in some particularly challenging cases this new clause would allow them to have a greater flexibility of 7.5%. This 5% variance from electoral quota was first introduced at the sixth periodic review, and it was introduced alongside reducing the number of constituencies to 600. That is important because, at 600 constituencies, a 5% variance is approximately 4,000 electors either side of quota, but at 650 constituencies, which is what we have before us today, a 5% variance narrows and is approximately just 3,500 electors either side of quota, making it even more difficult to keep wards whole and communities together. The 5% variance needs to be adjusted in line with the number of constituencies. When we consider that the average urban ward in England is around 8,000 electors, we can appreciate the significance of needing at least 4,000 electors either side of quota to prevent the breaking up of wards and communities.

[Chris Elmore (Ogmore) (Lab)]

A further point about the need for this 7.5% is that it would particularly help seats in Wales, where the geography of seats, including my own, covers three or four valley communities. The extra flex would allow communities to stay together, especially where the physical geography means that people cannot travel from one valley to another without going up and down the other. These sorts of changes, therefore, really do make a difference in lots of rural and ex-industrial communities that have, shall we say, not-flat land masses.

[Cat Smith]

My hon. Friend makes a very good point about the particular geography in the Welsh valleys where the mountains prevent communities being drawn across those mountain ranges when there are issues with the transport links.

[Andrew Rosindell (Romford) (Con)]

The hon. Lady talks about keeping communities together and about breaking up wards. Why does it matter if a ward is broken up? Surely communities are created through small building blocks. By discarding this almost obsession the Boundary Commission has had with entire wards, huge changes could be avoided and communities could stay together. Will she not support the idea that smaller building blocks are the way to create better constituencies that are community based, rather than artificial communities based on entire wards?

[Cat Smith]

I would argue that the wards, which are obviously drawn by the Local Government Boundary Commission, do actually reflect communities to a great extent. If we are to go down the path of splitting wards, we will end up with the ridiculous situation, like we did at the previous review, where constituencies such as Port Talbot had a shopping centre in one constituency and the high street in another constituency. My new clause seeks to minimise the chances of such ridiculous situations occurring again. Under the current Bill, the Commission will struggle to respect the factors laid out in rule five, which, of course, Members will know, are the existing constituencies, local government boundaries, local ties and geography.

During the evidence sessions of this Bill, the secretariat for the Boundary Commission for England spoke about the difficulties caused by this small tolerance, which makes it

“much harder to have regard to the other factors…such as the importance of not breaking local ties, and having regard to local authority boundaries and features of natural geography.”

He said:

“Basically, the smaller you make the tolerance, the fewer options we have…The larger you make it, the more options we have and the more flexibility…to have regard to the other factors”.––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 7, Q3.]

So while the Government keep saying the boundary commissions will listen to the views of communities in the drawing of the boundaries, some communities will literally be wasting their time putting forward those arguments if the restrictive quota will mathematically prevent the commissioners from respecting their views and the community ties.

[Mike Wood (Dudley South) (Con)]

The hon. Lady raises the case of Port Talbot in a previous review. Does she not accept that this was actually one of the reasons why it should be easier for the boundary commissions to split wards, because the whole point of the Port Talbot proposals was that they have to come to those combinations because they are working with entire wards?

[Cat Smith]

I think in the case of Port Talbot it was the 5% quota that meant that that decision had to be reached. When we are talking about quotas, we know that internationally a larger quota is used and promoted as best practice for securing fair representation. Indeed, the Council of Europe’s Venice Commission’s code of good practice in electoral matters recommends allowing a standard permissible tolerance of an average of plus or minus 10%.

As the Minister knows, there is a consensus amongst respected experts such as David Rosser and Professor Charles Pattie who agree that the 5% rule causes significant disruption to community boundaries.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

We have heard from the other side a suggestion that we should use polling districts as the building blocks, not wards, but is there not a problem with deviating from wards? Wards are agreed by an independent commission, whereas polling districts are decided based on the location of the local church hall for use as the polling station. Surely we need independent commissions that create the building blocks of wards that then form the building blocks of constituencies. The only way to do that is with the 10% or 7.5% variance.

[Cat Smith]

My hon. Friend makes an important point about the legal standing of polling districts. Wards that are drawn up by the local government boundary commission have that independence in terms of the boundaries that they represent, whereas polling districts are for administration of elections done by local councils and, as he says, can be decided basically on their proximity to a church hall.

My hon. Friend the Member for Ogmore (Chris Elmore) mentioned Wales earlier, and this restrictive quota will disproportionately impact Wales. I know that many more Welsh colleagues will express their concern about the geographical challenges that the quota will throw up in Wales. With mountains and valleys dividing communities, the task of creating constituencies that make sense to those communities becomes extremely difficult.

I shall conclude by highlighting the fatal flaw in the Government’s arguments on the 5% quota. Throughout the Bill’s progress, the Minister has argued that a robust boundary review with a 5% quota will magically ensure that every vote carries the same weight. But the Government’s central argument turns on the ludicrous suggestion that the 5% quota will achieve parity of representation for all electors across the United Kingdom. On what planet does every vote count equally in this country? Leaving aside the fact that there are so-called safe seats, which effectively disenfranchise huge swathes of the population at every election, it simply is not true that every vote would count equally as a result of the Bill. At any given election, in the region of 9 million eligible voters are incorrectly registered and lose out on their chance to vote, and millions more will join them with the Government’s voter ID plan set to lock more people out of democracy simply for not having the right form of ID.

The new boundaries will not be based on the reality of the British electorate, with millions of eligible voters missing from the register, so can the Minister stop rolling out the line that somehow a 5% quota will revolutionise our electoral system and suddenly make every vote count equally? The truth is that she knows exactly what measures will make our electoral system more equal, because 11 months ago the Electoral Commission made clear recommendations, including encouraging the introduction of automatic voter registration. The Government still have not responded to those recommendations, meaning that the electoral register to be used as the basis for these boundaries is incomplete and patchy at best. When will the Government start to prioritise democratic engagement?

It is clear that the Government’s central argument about making every vote count falls at the first hurdle and that their secondary argument about the removal of Parliament’s role preventing delays to the process just does not hold water. As Professor Sir John Curtice pointed out, the Government can easily delay the process. The Labour party fundamentally rejects the Government’s attempt to end parliamentary approval for new constituency boundaries, and we ask that Members think hard and long about the impact of removing Parliament from the process. In its current form, this Bill is an insult to the House.

--- Later in debate ---

[Chloe Smith]

I agree with my right hon. Friend. He knows that the Conservative party and the Government are absolutely committed to strengthening our Union and we do not believe that that would be achieved through new clause 2, which would undermine in many ways what ought to be an equality in the assessment of the voices in the Union and an equality between citizens that can be enjoyed across the nation.

I absolutely recognise the wider debate about what our nations and our Union consist of, although the hon. Member for Glasgow East would love to have nothing more to do with that debate—he would love to be nowhere near here today, and that breaks my heart. As much as I may say that I would love to see the back of him, of course I would not. I cannot wait to spend even more time discussing exactly this point with him and with anybody else who would like to join me in the debate about how to strengthen our Union, how to maintain excellent intergovernmental relations, how to help our nations work best together and how to help people across the nation to be as prosperous as they can. But new clause 2 is not the place to do that.

I thank the hon. Member for North East Fife (Wendy Chamberlain) for tabling new clause 3. She was honest and sincere about what she is seeking to do with the amendment, which is to open up a valuable broader debate. I will talk a little about why the new clause would not quite do what is right, but let me say that the hon. Member’s instincts are admirable. We should all share the goal of being able to do the utmost for our constituents, whether they are registered to vote or not. Furthermore, we should all share the goal of wanting as many people on our electoral registers as possible. That is notwithstanding the fact that the Government believe that it is an important principle that our constituencies are based on the electoral registers.

On what we are doing to ensure that the registers are as accurate and complete as possible, the introduction of online registration has made it simpler and faster for people to register to vote; it takes as little as five minutes. This benefits everybody, including anybody who may previously have found it harder to make an application to register. We have developed a range of resources to promote engagement with our democracy and to encourage people to register to vote, all of which are available on gov.uk and are aimed widely—at registration officers, civil society groups, teachers and more.

We are also in the process of implementing changes to the annual canvass of all residential properties in Great Britain, which will improve its efficiency greatly and will allow officers to focus their efforts on those who they may traditionally have found harder to get to register. That is important for accuracy and completeness. Since the introduction of individual electoral registration, the registers in Great Britain are as complete and more accurate than before; that is an important base of the record.

I share the intentions of the hon. Member for North East Fife of wanting to see more people registered and to see us listening to all in our community, so let me turn to why new clause 3 would not necessarily work as well as might be wished. Its core problem is that it deals with estimates and moves away from facts. It asks the Electoral Commission to do a very large job of estimation when, in fact, we already have firm data that the process can be based on. It would be a huge and unnecessary task to set off, bringing further elements of risk and challenge to the work of the Boundary Commissions.

The work of the Boundary Commissions should be based on those who have registered as electors. That principle counts those who want to have their views represented in Parliament. That is what a Member of Parliament is for and that is what voting for Parliament is for. It is a good principle that that is the basis on which we work, and it is not new, having been the case since 1944.

We should encourage more people to register to vote. I think the new clause does a slightly different thing. I welcome the fact that the hon. Lady referred to it as a probing amendment, and I hope she will not press it to a Division. Before I move on, I welcome her support for our overseas voters. She will know that there is much work to do to enable more overseas voters to register The Government are committed, as I hope she is, to ending the injustice of the abrupt disenfranchisement that they face after 15 years overseas.

Finally, I cannot support the intention of amendment 1. The effect of clause 2, which amendment 1 would remove, is to bring much-needed certainty to the boundary review process. It gives confidence that the recommendations of the independent boundary commissions will be brought into effect without interference or delay. They develop their proposal through a robust process that lasts over a two to three-year period with extensive public consultation. Those impartial recommendations ought to be brought into effect promptly without any further wastage of public money and without any question of their independence. Clause 2 provides for that, and it does so by a very normal mechanism.

I just want to pick up one point that was made. The hon. Member for Lancaster and Fleetwood tried to go to town on the nature of an Order in Council. Let me break it to her, in case she is not aware, that the last Labour Government used more than 300 of them between 1997 and 2010. They are a normal constitutional legislative instrument. They should be recognised as being part of the status quo. She is either misreading the Bill or wilfully misrepresenting it—I do not know which. She did so in Committee, and she is doing so again today.

The Order in Council is not the villain that the hon. Lady makes it out to be, and nor is there an increase in powers in the Bill for the Executive. The opposite is the case. Countries such as Australia, Canada and New Zealand use similar approaches. A string of respected academics voiced their support for this change during Committee when giving evidence. Memorably, one in particular said:

“It is probably better that MPs set the terms of the exercise for the Boundary Commission behind a veil of ignorance…without knowing exactly what the particular outcomes would be for them as individual MPs.”––[Official Report, Parliamentary Constituencies Public Bill Committee, 18 June 2020; c. 57, Q117.]

The Government believe that clause 2 is an important and principled change. It will ensure that expert recommendations are brought into effect independently with no further delay.

It provides a better outcome for people, and I urge the hon. Lady not to press the amendment to a Division.

[Cat Smith]

I did not think it was possible to have as much fun as we had in Committee, but this afternoon has perhaps run it quite close. Of course, there is no comparison between three hours and four days. I put on record my thanks to the members of the Committee who have also made contributions to today’s debate.

The Labour party supports the democratic principles of the boundary review. We recognise that this review is urgently needed, given the out-of-date boundaries we currently have. The idea of constituencies being of broadly equal size and the idea of constituencies also taking account of local community ties are not mutually exclusive, and I urge Members to support that amendment. Labour’s new clause would provide for the flexibility needed to create constituencies that communities can have confidence in and identify with.

Most critically, I encourage Members across the House to support amendment 1. The Government must not use the Bill to strengthen their own power at the expense of parliamentary power. It is an insult to this House, and it sets a dangerous precedent for future legislation.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Cat Smith]

I will keep my comments brief, as I covered the Labour party’s stance in my speech on Report. I put on the record that I am disappointed that the Government rejected the new clause and amendment that would have improved the Bill. The process of requiring MPs to vote on the final report from the commission is an important safety net, without which we would have just 600 MPs today.

We do not seek to delay the progress of the Bill. As I said in my opening remarks, we need new boundaries at the next election; the data on which our constituencies are built looks to be a quarter of a century old. We certainly hope their lordships will look again at clause 2, as we still have significant concerns about the Government’s approach to that matter.

With that, I draw my remarks to a close. I thank Committee members for their useful contributions and for how much fun I had taking the Bill through the House on behalf of the Opposition.

Parliamentary Constituencies Bill (Seventh sitting)

Cat Smith Excerpts

Committee stage & Committee Debate: 7th sitting: House of Commons
Tuesday 30th June 2020 Public Bill Committees

[Mrs Maria Miller (Basingstoke) (Con)]

It is a great pleasure to serve under your chairmanship again, Mr Paisley, in a much cooler room.

I commend the hon. Member for Ceredigion on his amendment. He has made an extremely strong case for the importance of recognising language. I know how important the Welsh language is. I was brought up in south Wales, albeit not west Wales, and we all have views on the parts of Wales we know and love well. Now, more than when I was at school, Welsh is a living language. I commend everybody who has made that possible.

Within the rules that are already set out in schedule 2 to the Parliamentary Constituencies Act 1986, “local ties” can take account of language. Indeed, in the hon. Gentleman’s own advocacy for his amendment, he set out clearly that the boundary commission is already receptive to arguments made with regard to the Welsh language and it has already been shown that Welsh can be taken into account in the local ties.

The reason I have chosen to speak to this amendment is that I want to share with the Committee a way that we might think about this. There are lots of different ties that can be called local ties, including language. My concern about specifying language on the face of the Bill would be the impact that that might inadvertently have on other local ties. By having language on the face of the Bill, it might imply that other local ties that are not specified in that way may not be taken into account, or not be treated as well as they might have been in the past.

I understand the hon. Gentleman’s argument and why he wants to put it forward, but my concern is that that might inadvertently affect the way the boundary commission views other local ties. I hope that the Minister, while listening to the point, will see that the Government should not accept the amendment at this point.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Paisley. I rise to support the arguments made by the hon. Member for Ceredigion about the ties that are the Welsh language. I do not think it is possible to overstate the fact that the Welsh language is a cornerstone of Welsh identity. Although in the past we have seen a decline in the Welsh language, that is now reversing with the Welsh Government’s target of 1 million Welsh speakers by 2050. The hon. Gentleman’s arguments may one day become quite irrelevant if Wales is entirely full of Welsh speakers.

We have previously referred to the Council of Europe’s Venice commission, which recommends that boundaries be drawn

“without detriment to national minorities”.

Welsh language speakers are a national minority who require protection within this legislation. Welsh language ties are an important part of identity, and I would like the Minister to provide some clarity about the use of the Welsh language as a factor in the commission’s decisions. Language is an indicator of local ties. Although I do not speak Welsh myself—dwi ddim yn gallu siarad Cymraeg—and my life is probably all the poorer for it, I recognise the importance of the Welsh language to the Welsh identity, as does the Labour party. I therefore congratulate the hon. Member for Ceredigion on having tabled this amendment.

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

It is a pleasure to serve under your chairmanship again, Mr Paisley. I congratulate the hon. Member for Ceredigion on having tabled this probing amendment, because our whole debate about clause 6 has emphasised the point about local ties and local communities. We must use this Committee to emphasise to the boundary commissions that although we do not necessarily need to legislate—the hon. Member for Ceredigion presented this amendment as a probing amendment, to spark that debate—we are discussing a very important section of this Bill, as I said last week, and it is incumbent on the boundary commissions to take notice of what has been said.

Rule 5 in the 1986 Act is exceptionally important. One can only draw on one’s local experience, so I come back to Leeds, because that is my area; it is where I live in Yorkshire, but there is a world of difference between inner Leeds and outer Leeds. The communities are very different. I have made reference to the long-serving previous Member for Leeds East, George Mudie, who was horrified at the thought of such different communities coming into an area that he had represented for so long. I hope that when the boundary commissions do the reviews, they take real notice of the debates about clause 6. Intelligent and sensible points have been made by Committee members on both sides of the Committee during this debate, which should act as the key guidance. Rather than us putting things on the face of the Bill, the commissions should consider the over-driving will and well-thought-out arguments in all the areas we have debated.

Again, I congratulate the hon. Gentleman on having tabled a thought-provoking and important probing amendment to this Bill, because it is important that we probe all of its aspects. Everything that has been said during this debate—even on the comical side, such as the hon. Member for Lancaster and Fleetwood, on the other side of the Pennines, and I joshing last week about the wars of the roses—shows the importance of local identities and how they are put together. That is a very important aspect, and I hope the boundary commissions will take notice of it when they are drawing up their first draft.

--- Later in debate ---

[Chloe Smith]

What does clause 8 do? It removes the legal obligation to implement the 2018 boundary review. As hon. Members will recall from when we discussed clause 5, the Bill will amend the existing legislation to ensure that we continue to have 650 parliamentary constituencies, as we do now. In order to achieve that, clause 5 set the number of constituencies at 650 for future reviews. That in itself does not resolve the current legal obligation on the Government to implement the 2018 boundary review, which was based on 600.

The boundary commissions have submitted their final reports for that review, but the recommendations have yet to be brought into legal effect. Clause 8 therefore brings the 2018 boundary review to a close without implementation. It removes the Government’s obligation to bring the recommendations of the 2018 review into effect, because those proposals would take us down to 600 constituencies at the next election, which this Committee has already agreed is undesirable.

Under this clause, that obligation would be removed retrospectively, with effect from 24 March of this year. I can explain that specific date to the Committee: it is the date on which the Government announced their intention to retain 650 constituencies in the written ministerial statement that I laid before the House. Without this clause, there would be a very irregular situation. We would be legally required to implement the 2018 review and implement the reduction to 600 constituencies at the next general election. I think that this Committee would agree, having already taken the decision to move from 600 back to 650, that that situation would be confusing and undesirable. Therefore this clause, although technical, is important and I urge that it stand part of the Bill.

[Cat Smith]

I will make a brief comment, not least to give the Minister a breather and a chance to get some water as she rattles through the clauses. I just ask her whether she is pleased to be able to have clause 8 in the Bill because the 2018 review did not have the automaticity clause that future reviews will have.

[Chloe Smith]

The debate would not have been complete had the hon. Lady not raised that point. I think it is fair to say that we have answered that one comprehensively in the course of these Committee proceedings so far; and given that we have also already agreed that automaticity is the right thing to do in this Bill, I am not going to entertain the argument any further.

Question put and agreed to.

Clause 8 accordingly ordered to stand part of the Bill.

Clause 9

Removal of duty to review reduction in number of constituencies

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[The Chair]

For clarity, this debate is about amendment 14, in the name of Maria Miller. I said at the commencement that it would also be convenient to consider amendment 11, new clause 6 and new clause 10. If amendment 14 is agreed to, the subsequent one, namely amendment 11, will not be called.

[Cat Smith]

The grouping of amendments and new clauses on Ynys Môn gave me cause to think about the nature of island communities. I have enjoyed hearing the exchanges across the Committee Room this morning. Indeed, my father was born on an island and my mother was raised on one—the Isle of Walney, which was only connected to the mainland by a bridge in 1908 so, arguably, has a stronger case for special consideration even than Ynys Môn. The arguments about identity apply to any island community in the British Isles. For anyone born or raised on an island, that sense of community runs so deep that unless someone has lived or experienced it, it is hard to explain how that can forge identity.

Ynys Môn also has a strong Welsh identity, which we have not really touched on so far in this debate, but with a 57% prevalence of being able to speak Welsh, it has the second highest proportion of Welsh speakers by local authority in Wales. That just adds to the evidence that Anglesey is indeed a special place, which is why we believe that it should be awarded protected status. It also has the village with the longest place name in Britain —if anyone wishes to make any intervention to tell us what that is, I would be happy to give way.

[Ben Lake]

I am sure that it is in Hansard somewhere, but just so it is on the record, it is Llanfairpwllgwyngyll-gogerychwyrndrobwllllantysiliogogogoch.

--- Later in debate ---

[Cat Smith]

Unfortunately the hon. Member for Pudsey is not taking part in proceedings. The amendments are about recognising the fundamental and distinct identity of Ynys Môn and awarding it protected constituency status. Although the Labour party will certainly support that, it throws up a debate about the potential conflict between the idea of protecting communities and identity, and equally sized constituencies. Creating another protected constituency makes it more difficult to have equally sized constituencies right across the British Isles.

I find many of the ideas that the Committee has discussed very contradictory. On the one hand, hon. Members argue for equally sized constituencies, and on the other, they argue for more protected constituencies, which ingrain unequal size. I am very clear that we should respect community ties and acknowledge that some constituencies will be larger than others to reflect those ties, but as far as possible, we should try to have constituencies that are as equal as they can be. The amendments highlight the challenge that that throws up, in recognising that communities should be included together when it comes to parliamentary constituencies.

[Chloe Smith]

I am really pleased that we have had this discussion, which, in formal terms, complements my opening remarks on clause 11 stand part.

Following on from the arguments articulated by the hon. Members for Ceredigion and for City of Chester, as well as by the shadow Minister, I can confirm that the Government will accept amendment 14, tabled by my right hon. Friend the Member for Basingstoke, and give Ynys Môn protected constituency status. I will go through the reasons for that.

I will pray in aid the hon. Member for Glasgow East, who occasionally helps me out in this respect. He was so kind to say earlier that I am a considered Minister who takes arguments on merit, which is what I am seeking to do today. That starts with reflecting on what the current legislation sets out. It sets out four protected constituencies, the boundaries of which are fixed and do not change at boundary reviews. They are all islands: Orkney and Shetland, Na h-Eileanan an Iar, and the two constituencies on the Isle of Wight. Currently, there are no protected constituencies in Wales.

During debate on the Parliamentary Voting System and Constituencies Act 2011, arguments were made that Ynys Môn should also be a protected constituency. Those arguments centred on the fact that the constituency covers a relatively large island geographically and has a sizeable electorate—and they still have merit today. Indeed, we heard witnesses and hon. Members of all stripes make the case for Ynys Môn, including Tom Adams of the Labour party, Geraint Day from Plaid Cymru and Chris Williams from the Green party, in addition to the parties represented on the Committee. Dr Larner from the Wales Governance Centre added his thoughts to the argument, too. Of course, hon. Members outside the Committee have also joined the argument via amendment 14, including the hon. Member for the Isle of Wight (Bob Seely), whose support is, I think telling.

I welcome my hon. Friend the Member for Ynys Môn, who is sitting in the Public Gallery. She has campaigned and worked very hard on this matter, on top of being a most assiduous constituency MP on other matters. If I remember rightly, her swearing in to the House was done in Welsh, which shows her commitment to the characteristics of her constituency. Since she entered the House, she has argued that local people sent her here to do just that, and I am glad that she is here to listen.

As the hon. Member for Ceredigion explained, Ynys Môn, which covers 715 sq km, is the fourth largest island in Great Britain in terms of geographical size, excluding the mainland—to be precise, that is including Holy island to the west. With an electorate of approximately 50,000, based on 2019 data, Ynys Môn is comparable to other islands that enjoy protected constituency status.

I am of course mindful that each additional exception slightly chips away at the underlying principle of equally sized constituencies—I will bring that argument into my own remarks before anyone else makes it. It is a consideration that we have to include in this decision. However, I am persuaded that the creation of Ynys Môn as a protected constituency would address an anomaly. It is the only island in the UK whose electorate and geographical area fall squarely within the range of the currently protected constituencies. It has a considerable electorate, sitting between those of the other protected constituencies: Na h-Eileanan an Iar is at one end, with an electorate of just over 21,000, and the Isle of Wight is at the other, with 111,000. The argument that Ynys Môn belongs among the protected constituencies is compelling.

Amendment 14 also responds in part to something else we have heard in this Committee, which is that Wales is likely to see a reduction in the number of its constituencies. For a variety of historical reasons, which we have discussed already and may discuss later when debating other amendments, Welsh constituencies are slightly smaller on average than most UK constituencies. Given that the next boundary review will seek to create constituencies that are equal in size, it is likely to result in fewer constituencies in Wales. It is relevant to note that the creation of an appropriate protected constituency on Ynys Môn will mean that the electorate of that island will not be included in any calculation relating to the number of constituencies in Wales.

This amendment also means that there will be at least one protected constituency in each part of Great Britain, which helps demonstrate the importance with which we regard those component parts of the Union, and that we think these are important, relevant considerations. We believe that Ynys Môn, with its sizable electorate and particular geography, would make an appropriate protected constituency to sit alongside the others. As I have already confirmed, we intend to accept amendment 14.