Constitutional Reform (Wales) Debate

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Department: Wales Office

Constitutional Reform (Wales)

David Jones Excerpts
Thursday 19th May 2011

(13 years ago)

Westminster Hall
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Lord Murphy of Torfaen Portrait Paul Murphy
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Yes. It is ironic that the Secretary of State has written to the Backbench Committee arguing that there should be a Welsh day debate; I guess the right hon. Lady will now have to argue with her Cabinet colleagues and the Leader of the House to ensure that we have a debate to discuss Welsh matters on the Floor of the House.

The hon. Member for Monmouth did not touch on one excellent point made by his Committee, which is that there was insufficient time for the changes to be debated, and that no draft legislation has come before the House on this important matter. That contrasts entirely with the way in which the Government are dealing with the reform of the House of Lords, where there is a draft Bill, a White Paper, a Joint Committee and an attempt at consensus. None of those were the case for the Bill that we are discussing today. That is to be regretted, because my experience of dealing with constitutional matters, which goes back some years, is that such reform will never last unless there is a foundation of consensus. If they are seen to be wholly partial, which I believe the present proposals are, they will not be of lasting value to our country. The Welsh Affairs Committee was very wise when dealing with the matter.

I have a great deal of time for the Minister, and I welcome him to this debate, but it would be nice now and again if his boss were to turn up. I twice held the post of Secretary of State over a five-year period, and whenever we had important debates on such subjects I thought it important that the Secretary of State for Wales should attend. It has not happened in this Parliament. The only time that the Secretary of State for Wales has dealt with the issue is in reply to the odd question or two at Question Time. There has been no debate. Indeed, she stopped the Welsh Grand Committee debating the matter, so we do not know what she has to say about the fact that 25% of Welsh Members will be losing their constituencies.

Since the Welsh Affairs Committee produced its report, we have had a referendum; that has given legislative power to the National Assembly, and a new National Assembly and Executive have been elected and appointed. The impact of that on the role of the Secretary of State is, if nothing else, hugely significant. Even at this late stage, I still make the plea that, before the summer recess, the Welsh Secretary liaises with the Leader of the House so that the Welsh Grand Committee can debate the matter.

I will not take up much more time because other Members wish to speak, but I want to emphasise one important aspect of the Union. I am a unionist—with a small “u”—and I believe that the union of Northern Ireland, Scotland, Wales and England has proved successful. In Northern Ireland, it is for the people there to decide what to do—the principle of consent. We have seen dramatic changes in the last couple of weeks in Scotland and in Wales as a result of the elections. However, I fear that unless the Conservative party in Britain listens to the Conservative party in Wales—there is a big difference —we are heading for big trouble.

The Prime Minister talks about fighting for the Union with every fibre of his being. I understand that, and I do not doubt his sincerity for a second. However, what has happened to Wales’s constitution and its relationship to the House of Commons and Parliament over the last year shows that we must be very careful in what we do. As the hon. Member for Monmouth said, the reduction in the number of Members is not simply about the same number of MPs representing the same number of constituencies and the same number of electors as with English or Scottish seats. We have a United Kingdom that, by definition, represents the nations within it, and if we reduce the number of MPs in Wales by a quarter—a disproportionate reduction from 40 to 30—their influence in the House of Commons and in Government will be seriously weakened. We have made that point to the Government time after time, but they have shut their ears.

David Jones Portrait The Parliamentary Under-Secretary of State for Wales (Mr David Jones)
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I am most grateful to the right hon. Gentleman for giving way. He makes a point that he has made previously on the Floor of the House and on the last occasion when we debated the matter in Westminster Hall. How does he get over the need for equality in terms of vote? Is it not the essence of democracy that everyone’s vote, wherever in the country it is cast, should be of equal validity? Is it not the case that, if Wales were disproportionately advantaged, that principle would be broken?

Lord Murphy of Torfaen Portrait Paul Murphy
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Wales can never be disproportionately advantaged. Even now, we have only 40 of the 659 seats. Whatever England wants to do, it can do through its Members of Parliament. It can overwhelmingly outweigh the Members of Wales, Scotland and Northern Ireland put together. There is never a case where that cannot happen.

Lord Murphy of Torfaen Portrait Paul Murphy
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We now touch on the other point that I intended to raise before concluding—the so-called West Lothian question.

There will be a reduction in the number of Members of Parliament—it will be a huge reduction, and it will weaken Wales’s voice here, even though it would not influence what happens in Parliament—and the answer to the West Lothian question will mean that Welsh Members of Parliament will be of a different type from the English MP. We will have different types of Members in the House, some MPs being able to vote on this and some on that. That is unknown in any other European country and, as far as I am aware, in the world.

A reduction in the number of Welsh MPs, a reduction in their rights, a constant grizzling and grumbling about the Barnett formula, the fact that people think that Wales does better than parts of England, the fact that we can do different things in Cardiff and Edinburgh and Belfast—student fees, for instance—which is what devolution is all about, and the way in which the House deals with Welsh business, with the Welsh day debate disappearing, all add to the case for separatism, and not for the Union.

David Jones Portrait Mr David Jones
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I am most grateful to the right hon. Gentleman for giving way again. He touches on an extremely important. I entirely agree that the West Lothian question is vital; in my view, it has not been properly addressed and should have been addressed prior to the establishment of devolution.

I want to deal with the question of the number of Welsh MPs. Did the right hon. Gentleman read the evidence given to the Welsh Affairs Committee by Professor Richard Wyn Jones? The professor said that it was “hard to imagine” how the reduction in the number of Welsh MPs could have a

“huge impact in terms of the Welsh voice in Westminster, particularly because, on the whole, Welsh MPs do not behave en masse as a single block.”

Lord Murphy of Torfaen Portrait Paul Murphy
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I believe that we do behave en masse in representing Welsh interests in the House of Commons. The fact that the Welsh Affairs Committee unanimously and across parties agreed on the matters raised by the hon. Member for Monmouth shows that there are many occasions when Welsh Members come together in the interests of Wales. I do not know the professor, but I do know that he is not a Member of Parliament, has not served in the House of Commons and does not know what can happen here. These people can have their academic discourses and theses and the rest of it, but the practicalities of politics are such that Welsh influence can be exercised here only by Welsh Members of Parliament.

--- Later in debate ---
David Jones Portrait The Parliamentary Under-Secretary of State for Wales (Mr David Jones)
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May I, too, say what a huge pleasure it is to serve under your chairmanship today, Mr Davies? I join other Members who have commended the Chairman of the Welsh Affairs Committee, my hon. Friend the Member for Monmouth (David T. C. Davies), on securing the debate, and I pay tribute to the Committee’s work. As the hon. Member for Pontypridd (Owen Smith) pointed out, I was a member of the Committee throughout the previous Parliament. I know how important it is in scrutinising the role not only of the Wales Office but of other Whitehall Departments whose work touches on Wales.

The debate today is about the Select Committee’s report on the implications for Wales of the Government’s constitutional reform proposals. I suggest that it is something of an after-the-event debate—considerably after the event; the report was, of course, published as long ago as October last year, the Government’s reply was issued in January, and the Parliamentary Voting System and Constituencies Bill, which was the focus of the report, was enacted some three months ago.

Nevertheless, it is useful to have the debate, if only to point out that some of the concerns highlighted in the report, such as the fact that holding a referendum and an Assembly election on the same day would be extremely challenging, have proven to be unfounded. In fact, I think that everyone agrees that both those exercises in democracy were completed without undue difficulty.

Jessica Morden Portrait Jessica Morden
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It is true that the sky did not fall in, but it is also true that the jury is out on how the election was administrated. Election officers have told me that there was a great deal of confusion. In my area, for instance, there was an 80% turnout of postal votes for the first referendum and a 70% turnout for the second one, and that was seen as being due, in part, to confusion. Does the Minister agree that we should look more closely at that, and learn lessons?

David Jones Portrait Mr Jones
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We always need to learn the lessons of electoral processes, and it is anticipated that the Electoral Commission will issue its report on the conduct of the polls in July this year. As far as I can see, the exercise was carried out successfully and it proved wrong those who anticipated that the people of Wales would not, like a well-known American President, be able to walk and chew gum at the same time.

Jessica Morden Portrait Jessica Morden
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The referendum part of the election was run by the Electoral Commission, so that body is conducting a review of its own administration of the election. Is that the right way forward?

David Jones Portrait Mr Jones
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I would be very reluctant to call into question the integrity of the Electoral Commission. It is the right body to report on electoral processes in this country.

Lord Murphy of Torfaen Portrait Paul Murphy
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The 2011 Act provided for the referendum to be held on the same day as elections for the Welsh Assembly and for local government in England. Does the Minister think that the Deputy Prime Minister now believes that that was such a good idea after all?

David Jones Portrait Mr Jones
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I would be very loth to second-guess anything that the Deputy Prime Minister might think.

The focus of the Select Committee report was the Parliamentary Voting System and Constituencies Bill, which is now an Act. I reiterate the point that was made throughout the Bill’s passage through Parliament: the principal thrust of the provision is to ensure fairness in our electoral system. I have heard what Opposition Members have had to say about that, but it is inherently unfair that the vote of an elector in one part of this country should carry greater weight—in some cases, much greater weight—than that of an elector in another part of the country.

The right hon. Member for Torfaen (Paul Murphy) made the point that he has made on previous occasions—that the so-called Welsh vote has to be protected. I very much share the view of Professor Richard Wyn Jones, a very distinguished academic whom I know, who says that this situation is something that has grown up over the years. In evidence to the Select Committee, he made the interesting point that in 1543, when Welsh Members of Parliament were first admitted to this place, the population of Wales was approximately 7% of the combined population of England and Wales and Welsh representation in terms of Members of Parliament was also approximately 7%. He said that there

“wasn’t any kind of formational deal that Wales should be over-represented”.

He added that since then there had been a “drift” in Welsh representation in this place. He went on to make the fair point that in the scheme of things, it is hard to see how a reduction from 6% to 5% of MPs could make that much difference to Welsh representation here, particularly when it is borne in mind that the overall number of Members of Parliament will be reduced from 650 to 600.

Another important point that he made, and which I put to the right hon. Member for Torfaen during his contribution, is that Welsh Members of Parliament hardly behave as a bloc. I heard what the right hon. Member for Cardiff South and Penarth (Alun Michael) had to say about the Welsh parliamentary party, but I have to say in all frankness that at that party’s most recent meeting, representation by Conservative Members was rather light, underlining the fact that Welsh Members of Parliament do not behave as some sort of single coherent body.

Alun Michael Portrait Alun Michael
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I really do not understand why the Minister makes that point, as it suggests an element of disengagement on the part of some Conservative MPs. At that meeting, one of the Minister’s hon. Friends made a very constructive intervention, commenting that the meeting had been more constructive and consensual than he had expected.

David Jones Portrait Mr Jones
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The Member who made that point was the only Member of the Conservative parliamentary party at the meeting—[Interruption.] I know that the right hon. Gentleman is disappointed that more Conservative Members of Parliament did not attend, but that underlines the fact that party politics, across the political divide, prevail just as much in Wales as in the rest of the country.

Lord Murphy of Torfaen Portrait Paul Murphy
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The Minister quotes Professor Wyn Jones all the time, but he fails to remember that Speaker’s Conference after Speaker’s Conference indicated that there were special circumstances to ensure proper representation for Scotland, Wales and Northern Ireland in the United Kingdom Parliament. Why does he think, for example, that there are separate boundary commissions for Scotland and Wales? They are separate countries in separate circumstances. I think that the professor is on his own on this one.

David Jones Portrait Mr Jones
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He is not, because I happen to agree with him, which is precisely why I quote him so extensively.

We must return to the fundamental point: it is inherently and conspicuously unfair that a vote cast in Aberdeen, for example, may have a different weight from a vote cast in Aberystwyth. The Act proposes to introduce the element of fairness. Nevertheless, to a large extent—

Lord Murphy of Torfaen Portrait Paul Murphy
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Does the Minister not accept that for nearly 150 years, his party agreed with the point that I am making? The Conservatives agreed that not just Scotland and Wales but large rural areas should have proper representation. What has happened in the past year goes completely against what the Conservative and Unionist party has said for 150 to 200 years.

David Jones Portrait Mr Jones
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It is fair to say that the Conservative party has evolved considerably over the past 150 years, as no doubt has the Labour movement in this country. If we were set in aspic, we would never make any progress.

As I said, the Act will introduce fairness into the system. I am conscious that the Chairman of the Select Committee will wind up this debate, but I feel that I must touch on one or two points made by various right hon. and hon. Members, who I hope will forgive me if I do not mention them by name. One important point made by my hon. Friend the Member for Monmouth related to individual voter registration. It is certainly vital that as many people as possible register to vote and are encouraged to do so. We feel that the move to individual registration is likely to increase the number of people on the register.

We are trialling data matching throughout this year in several areas, including Cardiff. We are comparing the electoral register with other public databases to find those who are eligible to vote but missing from the register. The aim is to tackle under-registration among specific groups.

Nick Smith Portrait Nick Smith
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Will the Minister give way?

David Jones Portrait Mr Jones
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Yes, but this will be the last time.

Nick Smith Portrait Nick Smith
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The Minister is right to emphasise the importance of promoting electoral registration. However, the registers for the coming parliamentary review will be based on the past year’s electoral registration numbers, gathered before the important pilots that he mentioned. If the Government delayed, considered electoral registration further and put resources into it, given the profound changes that we are seeing, surely that would lead to a better result, because more people would be registered and we could support more confidently the boundaries that we are debating.

David Jones Portrait Mr Jones
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The trial will continue throughout this year. The pilots will enable us to see how effective the data matching is and which data sets are most useful in improving the accuracy of the register. The chair of the Electoral Commission said in her evidence to the Select Committee on Political and Constitutional Reform that introducing individual registration will enable the commission to create focused programmes to improve registration rates among specific communities. That is particularly important because, as the hon. Member for Swansea West (Geraint Davies) said, some sections of the community are certainly under-represented, and we must make an all-out effort to get as many of those individuals on the register as possible.

Nick Smith Portrait Nick Smith
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Will the Minister give way?

David Jones Portrait Mr Jones
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I am afraid not. I have been quite generous already.

The future of the Union was mentioned. It is big stuff for me to cover in the next two minutes.

Geraint Davies Portrait Geraint Davies
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Will the Minister give way?

David Jones Portrait Mr Jones
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No, I am afraid not. I hope that the hon. Gentleman will forgive me.

Geraint Davies Portrait Geraint Davies
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The issue is time.

David Jones Portrait Mr Jones
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It is, I am afraid. I think that most of us in this Chamber—with the honourable, or possibly dishonourable, exception of the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards)— are Unionists, and we do not want the Union of this country damaged. Therefore, the West Lothian question must be addressed, and the Government are committed to doing so during this Parliament.

As the hon. Member for Pontypridd said when agreeing with something that I said earlier, perhaps we are doing things the wrong way round—perhaps the exercise should have taken place before devolution was instituted in this country—but the issue must be addressed. I can think of nothing that would do more to endanger the Union than to perpetuate a sense of grievance on the part of certain Members of this Parliament and certain large sections of this community about a perceived lack of fairness in how they are treated.

Owen Smith Portrait Owen Smith
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Will the Minister give way?

David Jones Portrait Mr Jones
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I shall not, as I have little time. I am sure that the hon. Gentleman will understand. Over-representation is a problem, and introducing fairness is a good way to start to address it.

To conclude, this debate has been an interesting exercise—but essentially a historical one, as I said earlier. The Select Committee has published its report, but since then, the caravan has moved on. As I said earlier, the AV referendum was held with little difficulty, as far as we can establish, and we must now look to the future. The Boundary Commission’s exercise is continuing, and it will result in provisional proposals in September this year and a final report to the Secretary of State by October 2013.

The new parliamentary constituencies will be in place by the time of the next general election, and appropriate arrangements will be made for the next Assembly election in 2016. All proposals will be taken into consideration— the hon. Member for Carmarthen East and Dinefwr made an interesting suggestion, as did the hon. Member for Pontypridd—before Assembly constituencies are determined.

I reiterate that the fundamental issue addressed by the Parliamentary Voting System and Constituencies Act 2011 is fairness.

Nick Smith Portrait Nick Smith
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Will the Minister give way?

David Jones Portrait Mr Jones
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I regret that I will not. The constitutional reforms introduced by the Government will ensure that fairness is embedded in the system, which should be as welcome to the people of Wales as it is to the people of every other part of this United Kingdom.