Parliamentary Constituencies Bill Debate

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Department: Cabinet Office

Parliamentary Constituencies Bill

Lord Hayward Excerpts
Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 10th September 2020

(3 years, 7 months ago)

Grand Committee
Read Full debate Parliamentary Constituencies Act 2020 View all Parliamentary Constituencies Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-III Third marshalled list for Grand Committee - (10 Sep 2020)
Lord Norton of Louth Portrait Lord Norton of Louth (Con)
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My Lords, my noble friend Lord Cormack, who is a signatory to the amendment, sends his apologies for not being able to be present today, but has asked me to stress his support for what I shall be arguing this afternoon.

My amendment to increase the number of parliamentary constituencies from 650 to 800 is drafted for one purpose, and that is to get the Minister, on behalf of the Government, to explain the arguments against having a legislative Chamber of 800 Members.

We have a second Chamber of roughly 800 Members. The Government have not taken any steps to reduce the number—quite the reverse. What change has been achieved has been through pressure from within this House, primarily in the form of Private Members’ legislation, such as the House of Lords Reform Act 2014, which enabled the retirement of Members and the removal of Peers who fail to attend for a Session. Without that measure, the House would be closer to 900 Members. The committee under the noble Lord, Lord Burns, has come up with recommendations to reduce the number to give effect to achieving a House that is no bigger than the House of Commons.

If there is to be a disparity in size, it makes more sense for the Commons to be larger than the Lords. The greater the number of MPs, the smaller the size of the constituencies. That arguably would be to the benefit of constituents. It would make possible even closer contact between Members and their constituents. It would facilitate more cohesive constituencies, avoiding some of the anomalies that were described in Tuesday’s proceedings on the Bill. It would potentially reduce the workload of individual Members, which is now becoming quite onerous.

This House has no constituencies. Members do not carry the substantial burdens shouldered by Members of the other place. This House fulfils the role of a reflective Chamber. As such, it merits being smaller than the elected Chamber, as is the norm in other bicameral legislatures.

There is a case not only for this House being smaller than the Commons—a relative point—but for reducing the size of both Houses. I have form in making that case. I chaired a commission that recommended a reduction in the size of the House of Commons over time to 500. I have argued the case for this House to be no bigger than the Commons. Having smaller Houses reduces the pressure on resources, be it in terms of physical space or legislative proceedings. We are, I think, especially alert to the pressures on this House in terms of the number of Members seeking to intervene in time-limited proceedings. However, this is not a question of the convenience of Members. It is important from the perspective of the House if it is to fulfil its core role as a reflective Chamber. There is the danger of quantity overwhelming quality.

The Government also have form, but only in favouring a smaller House of Commons. This Bill stipulates a House of 650, but the Government would have preferred a House of 600. Why, then, has it argued the case for a smaller House of Commons but not for a smaller House of Lords?

Furthermore, what this Bill does is stipulate the number of parliamentary constituencies. The size of the House of Commons has varied. It has had a larger membership in the past, as a consequence of the number of seats in Ireland, but since 1918 the number of constituencies has varied between 625 and 659. The key point is that the number is set in statute. There is no such statutory limit for this House.

If a House of 650 is appropriate for the Commons, why not for the Lords? If there is a fixed number in statute for seats in the first Chamber, why do we not have a statutory cap for the number of Members of the second Chamber? A cap is an important discipline. Those wishing to be MPs have to compete for a parliamentary candidature. A set number for the upper House would impose a discipline on the Prime Minister of the day in nominating Members.

To argue that this House could not operate effectively if it was the same size as, or smaller than, the Commons, is clearly not sustainable. Following the enactment of the House of Lords Act 1999, the size of the House was very similar to that of the House of Commons. The number has expanded massively since, for reasons unrelated to what the House needs to fulfil its key functions.

If having 800 MPs will place too great a strain on resources in the Commons, why does a membership of 800 not place too great a strain on resources in the Lords? In short, what are the arguments against having a House of 800 in respect of the Commons that do not apply to the Lords?

This House has agreed, without a Division, that we are too large. We have pressed for action to reduce our size, making the case for a reduction in terms of output—that is, Members retiring from the House—and a limit on input, in the form of Prime Ministerial nominations. It has to be both if our size is to be reduced. That is key to the work of the Burns committee. The problem in seeking to reduce the size of the House of Lords lies not with the House but with the Executive—hence the following questions to my noble friend Lord True.

Do the Government accept, as the House does, that the House of Lords should be no bigger than the House of Commons? Why are the Government prepared to condone a second Chamber of 800 Members when they seek to limit the first to 650? I look forward to hearing my noble friend’s answers, and I beg to move.

Lord Hayward Portrait Lord Hayward (Con)
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My Lords, in light of the opening remarks of the noble Baroness, Lady Hayter, perhaps I might start with, “Rwy’n flin, dwi ddim yn siarad Gymraeg.”. For those who are not fluent in Welsh—as I have just proved that I am not—that was my attempt at “I’m sorry, I don’t speak Welsh.” All I wish to add in relation to the comments of the noble Lord, Lord Norton, is that I have signed and supported his amendment, which endorses the Burns committee report that was accepted by all sides of the House of Lords.

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Therefore, I hope that my noble friend the Minister will reject Amendments 15, 16 and 17 as driving a coach and horses through electoral fairness. Although I like the sound of Amendment 19, I am content to stick with the current variation.
Lord Hayward Portrait Lord Hayward (Con)
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My Lords, perhaps I may pick up on a number of points that have been raised by other noble Lords before I move on to commenting on the core points that I want to make.

First, I pick up on the comment made by the noble Lord, Lord Lipsey, in relation to the loyalties of constituents. If the Committee will indulge me, I am pleased to say that constituents are loyal on many occasions, and MPs are loyal to their constituents. One of my former constituents, Gary Sheppard, retires today as a doorkeeper in this House. I had the pleasure of refereeing him on a number of occasions, and I am wearing my Bristol referee’s tie as a compliment to the doorkeeper who is retiring this evening. I wish him well in his retirement.

I move on to the different interpretations of percentages. My noble friend Lord Blencathra gave some calculations, but perhaps I may indicate that, certainly going on the December 2019 electorates, the projection would probably be that the average constituency of 650 seats would be around 73,000, rather than the slightly higher figure that he gave. However, that does not deny the point that he made. I certainly did not come to blows with him over what he said when he argued with me. I remember Sir Michael Fallon making exactly the same point when I worked for the Tory party on a national basis. Basically he said to me, “What you want is two seats with 7,000 majorities and I want one seat with a 14,000 majority.” That sums up the view of most Members of Parliament when one is trying to deal with the issue on a national basis.

As for arguing that you follow the route that one English monarch followed when invading Scotland, that is for mere beginners. I remember listening to Hazel Blears argue that there was a distinct difference between Salford and Manchester because Salford predated Manchester in the Bronze Age. I think that that was the term she used, but certainly it was very common to go back way beyond the Norman invasion, and Roman times were cited on many other occasions.

There is a difficulty with a 5% target, although I support it. It provides a reasonable range, as my noble friend Lord Blencathra indicated. People talk of going down to 2.5%, 3% or 3.5%. Australia has scales of geography and difficulty way beyond ours in terms of distance, yet it operates on a target of 3.5%. I think that 5% provides a good range, and I say that because the presumption is that 5% will be the cause of all the problems. The noble Lord, Lord Foulkes, made the point that one has to adhere to local ties. The other day I cited the existing legislation, which goes unchanged. Rule 5 quite specifically says:

“A Boundary Commission may take into account, if and to such extent as they think fit—(a) special geographical considerations …; (b) local government boundaries …; (c) boundaries of existing constituencies; (d) any local ties that would be broken by changes in constituencies; (e) the inconveniences attendant on such changes.”


Those rules are not changing.

However, the problem people start to identify is on the supposition that everything is perfect at the moment and that all will fall away if we have a 5% rule rather than a 7.5% rule. The noble Lord, Lord Lennie, identified that that is not the case because it does not change political allegiance very often. He cited Greg Cook’s research. Greg Cook and I have shared many a hearing in one part of the country or another and I respect him enormously, but it denies what the noble Lord, Lord Lipsey, said, which is that people were storming in to see the Whips because they discovered that they were going to lose their seats because the range was 5%. They discovered that they were going to lose their seats for a whole series of other reasons, but it was not to do with 5%. It probably had a lot more to do with the fact that the number of seats was going down from 650 to 600 and you cannot force a quart into a pint pot.

I will give some examples of the difficulties one has at the moment. Take the MP for Carshalton and Wallington, who was formerly a Liberal and is now Elliot Colburn. He cannot get from one part of his constituency, Clock House, to the rest of his constituency without going out of it. Tom Brake likewise could not do so.

Equally, Lancaster and Fleetwood is split by a river. If you go from Fleetwood to the rest of the constituency, you have to go out of the constituency and through two other constituencies, I believe, to get back into the other part, except for the fact that you could, if you were lucky, catch the ferry. But the ferry finishes at 5.45 pm, so if you have an evening engagement or surgery you will have to drive round. This is not something that is specifically new.

If Jon Cruddas leaves the core of his constituency and visits Rush Green, the main route he follows, which he does not have to take, takes him into Andrew Rosindell’s constituency. Why? Because the boundary of Barking and Dagenham borough is based on the grounds of Barking Abbey, which existed in the 15th and 16th centuries. It makes no sense. Rush Green is very close to the centre of Romford and it should not be part of the other constituency, but it is.

Any noble Lord who knows the Albert Hall and the Albert Memorial will know that there is that slight sliver at the top of Knightsbridge—the museum area—which is part of Westminster. Logically, it should be part of Kensington. Why is it not part of Kensington instead of Westminster? Because Queen Victoria did not want Bertie in the suburbs, was the phrase she used.

A thin finger of land links Newmarket with the rest of Suffolk. I think that I am right in saying that if the Secretary of State gets off the train at Newmarket station he is in his constituency, but if he gets on it on the other platform he is in a neighbouring constituency. There are houses to the south that are not in his constituency. There is a vast range of these circumstances right across the country already where problems exist.

Boundaries do change. I represented what used to be the city and county of Bristol. It then became the county of Avon. It shifted its boundaries. I am a Devonian by birth. My father is Cornish by birth. The boundaries of Devon and Cornwall constituencies have changed. They are not immutable, as some Cornish friends of mine would maintain. The constituencies shifted in the 1960s. A series of problems already exist.

There is no question that there are problems with the ranges. Statistically, if you move to a broader range, you are likely to solve some of the problems. Some of the evidence has been identified, but as I said, I think that 7,000 and a bit is a good range.