Parliamentary Constituencies (Amendment) Bill: Committee Stage

David Linden Excerpts

Tuesday 19th June 2018 Commons Chamber

[Andrea Leadsom]

I will repeat it if the hon. Gentleman did not hear it, but I just carefully explained that the Government bring forward money resolutions for private Members’ Bill on a case-by-case basis. It is precisely because this House voted for the 2018 boundary review that we must wait until that work is finished before deciding how to progress with this private Member’s Bill.

With one review under way, plus an incomplete review from a previous Parliament, the review proposed by the hon. Member for Manchester, Gorton would be the third review of boundaries and would push the total cost of reviewing boundaries towards £18 million. The Opposition may not have a problem with unnecessarily spending £18 million of taxpayers’ money, but the Government certainly do. That is our position, and we look forward to seeing the boundary commissions’ recommendations in the coming months.

[David Linden (Glasgow East) (SNP)]

The Leader of the House seems to be saying that one of the reasons why the Government will not table a money resolution is the amount of money the Bill would cost. I do not know whether she is inadvertently misleading the House, but the reality is that tabling a money resolution does not mean the law will pass. What then happens is that the Bill can be considered in Committee, on Report and by their lordships. The issue here is that the Government are running scared because they know a majority of Members of this House support the Bill introduced by the hon. Member for Manchester, Gorton (Afzal Khan), so they are trying to kill it in Committee. This is not about money; it is about parliamentary procedure being subverted.

[Andrea Leadsom]

I will come on to procedure, but the hon. Gentleman simply is not right. The Government are not killing this private Member’s Bill; we are saying that, until the boundary commissions have completed their work, which will be in a matter of a few weeks—the House voted for the review to take place—the Government will not take further action on a money resolution.

For the clarification of all hon. Members, this is not without precedent. During the 2014-15 Session, the coalition Government did not table money resolutions on two private Members’ Bills. At the time, the then Leader of the House said:

“it is unusual but not unprecedented for the Government not to move a money resolution. There have been previous instances of that under Governments of different parties.”—[Official Report, 30 October 2014; Vol. 587, c. 417.]

--- Later in debate ---

[Pete Wishart]

I do not think that I ever made the charge that this Government have an aversion to private Members’ Bills. If the hon. Gentleman wants me to be accusatory, I will accuse the Government of blocking Bills that they do not like. That is what we are getting to here. There are lots of Government-sponsored private Members’ Bills, a couple of which I have personally sponsored and that I want to see progress, so I am not saying that they have an aversion to them. I think that they value them as much as possible, but the system is broken just now. The current way in which we do this business is not satisfactory, and every Member of this House should be concerned about that.

[David Linden]

My hon. Friend is absolutely right. One of the reasons that the Government, under the current regime, are putting through so many private Members’ Bills is because they skip over the ones that they do not like. In the case of the hon. Member for Manchester, Gorton (Afzal Khan), his Bill was 13th in the queue. The Government just decided that they did not like it, so they went to the Health and Social Care (National Data Guardian) Bill of the hon. Member for Wellingborough (Mr Bone), which was 92nd in the queue. We cannot have a situation whereby the Government decide just to skip over Bills. The Leader of the House spoke about overriding centuries-old tradition, but the centuries-old tradition is that we go to the next available Bill, so it is the Government who are riding roughshod over the procedures of the House.

[Pete Wishart]

That is right. I am trying to be helpful to the House, as always. You know me, Madam Deputy Speaker; if I can think of a way in which to bring the House together so that we can try to make satisfactory process, I will offer it to the House. I see it as part of my job, obligation and responsibility as a Member of Parliament to see whether we can broker a solution. I suggest to the Leader of the House that the system is not working. I think that she and I would agree on that. She can nod her head if she wants.

--- Later in debate ---

[David Linden (Glasgow East) (SNP)]

It is an honour to follow the hon. Member for Mid Dorset and North Poole (Michael Tomlinson), who recited G. K. Chesterton —that is a new one and I might try it tomorrow in the Public Bill Committee. I have the distinct pleasure of leading on this Bill for the Scottish National party. Although I am thoroughly enjoying our standing engagement to meet on a Wednesday morning to discuss a motion to adjourn, I really think it would be better for the Committee to move on to discuss the substance of the Bill brought forward by the hon. Member for Manchester, Gorton (Afzal Khan).

The House will recall that this Bill was given a Second Reading, unanimously, on 1 December 2017, after the Government’s attempts to defeat the closure motion were voted down by 229 votes to 44. Hon. Members, including the hon. Member for Mid Dorset and North Poole, will talk about how we have to wait only four sitting weeks, but they do not mention that this Bill passed its Second Reading last year. Frustratingly, it then took some 159 days to establish the Bill Committee, which has met on five or six occasions now. As you will know, Madam Deputy Speaker, the job of the Bill Committee is to scrutinise the proposed legislation clause by clause, line by line and, if necessary, to scrutinise any competent amendments.

As I set out on 1 December last year, the SNP broadly supports this Bill. However, it is not a perfect Bill and I am seeking to amend it in one specific regard. We certainly welcome the relaxation of requirements so that the electorate per constituency has to be to within 7.5% of the electoral quota to preserve local representation. However, I am concerned that the Bill contains a provision in clause 1 for a fixed number of MPs for Northern Ireland but not for Scotland. I shall certainly seek to table amendments to that effect in Committee but, of course, I am currently prohibited from doing so because the Government have not granted a money resolution. That is troubling, because when he gave evidence to the Procedure Committee in 2013, the then Leader of the House of Commons, Andrew Lansley, said:

“To my knowledge, Government has provided the money resolutions…whenever we have been asked to do so.”

A 2013 report by the Procedure Committee, of which I am a proud member, concluded:

“Government policy is not to refuse a money or ways and means resolution to a bill which has passed second reading.”

I understand that Conservative party policy is to cut the number of MPs to 600, and I am not questioning the Conservatives’ entitlement to hold that legitimate view, but we all know that there is a parliamentary majority in the House for retaining 650 MPs while committing to review what I accept are old boundaries. The current boundaries came into force when I was 11 years old and I am now 28. I do not think any of us contest the need to look at the boundaries again, but we do contest the concept of reducing the number of MPs from 650 to 600.

Trying to kill the Bill in Committee by grinding Members into submission or holding up the parliamentary process is not clever, and nor do I believe that it will actually work.

[Michael Tomlinson]

Will the hon. Gentleman accept that the Government are not trying to kill the Bill? As the Leader of the House set out clearly in her speech, we are waiting for the boundary commissions to come back in four short weeks. Thereafter, we will consider the Bill’s position. We are not trying to kill the Bill; we are waiting.

[David Linden]

No, the Government have essentially treated the Bill like the bins: they have put it outside and are waiting for it to fester. We all believe that Parliament is taking back control—that we are leaving the European Union and this is going to be a sovereign Parliament. On 1 December last year, Parliament gave the Bill its Second Reading and the House resolved that it should go into Committee. That is the issue. It is not for the Government to decide that they are just going to leave it there in some sort of political purgatory. That is the fundamental point.

[Sir David Evennett (Bexleyheath and Crayford) (Con)]

I serve on the Procedure Committee with the hon. Gentleman and am always interested in what he has to say. He is making an interesting case, but is he against the idea of reducing the House’s size from 650 to 600 MPs? That is one of the two issues that really ought to be considered today.

[David Linden]

I fundamentally object to the number of MPs being cut from 650 to 600. My view is that we could cut 59 MPs from this Chamber by Scotland being independent, but until such a time as the people of Scotland vote for that in a democratic referendum, I believe that this House, which is taking back lots of powers from the European Union, should have MPs who are able to scrutinise the Government.

I am mindful that the terms of the motion do not allow for a rehash of last year’s Second Reading debate, and nor is it about the general principles of the Parliamentary Constituencies (Amendment) Bill. The motion before us seeks the leave of the House to permit the Bill Committee to move from parliamentary purgatory to legislative scrutiny. Arguably, the motion is perhaps not the sexiest that the House has ever considered, although perhaps I think it is: right hon. and hon. Members will see that it is largely procedural. I must confess that when I saw the motion on the Order Paper, my initial reaction was to lament how disappointing it is that rarely allocated Opposition slots are being taken up to unblock the logjam of Back-Bench Bills, but the reality is that the Government have caused this problem.

Now, more than ever, Westminster has become a place of limited democracy, as perhaps best exemplified by the utterly broken private Member’s Bill system. On a point of principle, I fundamentally disagree with the notion that the main way for Back-Bench MPs to introduce Bills is via a lottery or a ballot. I have more chance of winning a raffle at the Garrowhill Primary School fair than I do of being able to introduce a private Member’s Bill through the route available.

[Michael Tomlinson]

The hon. Gentleman could always do what I did and queue up for the chance to introduce a presentation Bill. He would then have the opportunity to get his own Bill on the statute, as well. Many Members from different parties have followed the procedure.

[David Linden]

The hon. Gentleman is right, but the presentation Bill that he queued to introduce under Standing Order No. 57 was defeated—it was objected to —so there was not actually a way to get it on the statute book.

I do not agree with some of the tactics deployed, when it suits them, by what some in this place have dubbed “the awkward squad”. Over the weekend, the hon. Member for Christchurch (Sir Christopher Chope) rightly found himself the centre of what I can only presume was much wanted public attention, after he objected to necessary English legislation introduced by the hon. Member for Bath (Wera Hobhouse) that would stop perverts taking photos up ladies’ skirts. The hon. Member for Christchurch appears to have a long-standing, albeit selective, view that private Members’ Bills should not receive parliamentary approval. I must confess that I was somewhat surprised when the House considered the Health and Social Care (National Data Guardian) Bill introduced by the hon. Member for Wellingborough (Mr Bone). During exceptionally short proceedings, the hon. Member for Christchurch did not object to the money resolution that evening, and I see that the Bill, which was 92nd in the queue for this Session, has now reached Report stage.

Perversely, Bills that have passed Second Reading on sitting Fridays but do not have the support of the Government have been kicked into the parliamentary purgatory that is Public Bill Committees. Indeed, some have not even got that far. The UK Government have failed to heed calls for reforms of the private Member’s Bill process, and now they break their own conventions and ignore the will of Parliament. The Procedure Committee issued reports calling for major changes to the process in September 2013, March 2014, September 2015, April 2016 and October 2016. I certainly hope that the Procedure Committee will hold another inquiry very soon. Their changes have largely been ignored by the Government. They have noted that the procedures

“disenfranchise Members who may wish to support a bill being promoted by a colleague and are misleading to the public and to the interest groups who seek to use it to advance legislative change”.

The problem is that this is a Government who are still acting as though they have a parliamentary majority. They do not appear to engage properly in Opposition day debates, and they certainly do not vote in the vast majority of them. If the House divides this evening, I will be very interested to see whether the Government take part. They have stuffed the Standing Committees of this House with a majority of their Members, even though they are a minority Government. They have done their level best to ensure that the Democratic Unionist party has been given £1 billion to ensure that some of their legislation gets through; and they have dealt with private Members’ Bills in a way that is exactly consistent with that approach.

[Mr Harper]

The hon. Gentleman and I enjoy our sparring on Wednesday mornings, and I look forward to doing so again tomorrow. I have just a couple of points to make. First, the Democratic Unionist party has not been given a single penny. That money is for the people of Northern Ireland, and it is important to make that point. Secondly, the House decided the composition of Public Bill Committees, not the Government.

[David Linden]

We all remember the photographs of the former Government Chief Whip, the Prime Minister and the leader of the Democratic Unionist party. I don’t know; maybe it was a coincidence that it was announced that £1 billion was going to Northern Ireland on the same day that the confidence and supply agreement was signed. I am no expert.

The way in which the Government continue to deal with private Members’ Bills makes a mockery of this place. In essence, the Government are treating the House with sheer contempt. The Parliamentary Constituencies (Amendment) Bill is, I am afraid, probably just the tip of the ice berg. The Refugees (Family Reunion) Bill introduced by my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) is also still awaiting a money resolution. Indeed, it has not even gone into Committee. His Bill has not even got to the pleasurable stage of meeting on a Wednesday morning to consider a motion to adjourn, yet my hon. Friend has cross-party support. I think that the reason why the Government are stonewalling that Bill is that, again, they realise that there is a majority for it in the House of Commons.

I am mindful of time, and I will close by saying that the Government are playing fast and loose with the procedures of this House. They might think they are being big and clever, but they must remember that one day—perhaps sooner rather than later—they will be on the Opposition Benches and they could be subject to the same type of behaviour. The Government risk setting a precedent that may just one day come back to bite them on the bottom.

--- Later in debate ---

[Chloe Smith]

And nor are the Government. The key point, as I have just said, is that the other place is now smaller than when the Prime Minister took office. That is as a result of a policy of restraint, which she is showing in appointments, and of the Government policy, which the hon. Gentleman invites me to set out. I will take just a minute on it, Mr Speaker.

[David Linden]

Will the Minister give way?

[Chloe Smith]

I am just in the middle of setting out the Government’s policy, which I have been asked to do.

We do not believe that reform of the House of Lords is the correct priority at this moment. There are many other things that the two Houses are being asked to consider. The House of Lords itself has set out a number of ways to reform without the need for primary legislation. We seek to support it in that.

[David Linden]

I am grateful to the Minister for giving way. She talks about reform of the House of Lords and cutting the number of MPs in this House. The Bill received a Second Reading on Friday 1 December 2017. Since then, how many new Conservative peers have been put into the House of Lords?

[Chloe Smith]

The hon. Gentleman will remember from our debate only yesterday that the number of the most recent appointments made is 13. Let me repeat one more time, should it be needed, that the number of Lords has reduced since the Prime Minister came into office. In part, that is due to a culture and a new policy of retirement, which I welcome and which we did go into in some detail yesterday, so I will leave that there.

I want to respond to a couple of points that were made about the policy of individual electoral registration. I welcome the hon. Member for City of Chester (Christian Matheson) to his relatively new position on the Front Bench—it has already been very good to serve with him on Bill and statutory instrument Committees—but I am afraid that he is wrong in his remarks about IER. He spoke about a drop in the register that he thinks occurred after it was introduced. As my right hon. Friend the Member for Forest of Dean explained, what we saw after the introduction of IER was that both accuracy and completeness were maintained. The crucial point is this: we expect the accuracy of the register to be able to be maintained at a higher level with the introduction of IER, because it encourages individuals to register themselves, individually—the clue is in the name. It is about accuracy.

The hon. Member for City of Chester conflated it with a second, separate issue, which is whether more have joined the register since. That is indeed the case. As the register currently stands, it is larger than it was in December 2015. That is a good thing. That is because our reforms to open up online registration, for example, and the occurrence of several major elections have encouraged many people to register. That is an unmitigated good thing. This Government are committed to helping more people to register to vote. That is what I stand for as the Minister responsible for electoral registration and other matters. I want to see it done with the security and integrity of the register foremost in mind. We have had debates in this place and elsewhere that suggest that the Labour party is not quite so committed to those principles. That is what we saw in some of the desperate slurs that have been made this afternoon. We have heard words such as “gerrymandering” and about the “manipulation” of the register from the hon. Member for Birmingham, Ladywood. I think that is outrageous. I said so early on in the debate and I say it again: it is an outrageous calumny to say that the Government are gerrymandering or trying to manipulate the register. I am not. The Government are not—does he think we are, really?