Constitutional Reform (Wales)

Owen Smith Excerpts

Thursday 19th May 2011 Westminster Hall

[Owen Smith (Pontypridd) (Lab)]

Thank you, Mr Davies, for calling me. It is a pleasure to serve under your chairmanship for the first time.

I will start by saying that it is slightly unusual for me to speak on the Front Bench today, as I am following the precedent of the Minister when he was in my shoes, as it were, in Opposition. Like me, he was a member of the Welsh Affairs Committee in Opposition. It is the Committee’s report that we are debating today and therefore I can say to the hon. Member for Monmouth (David T. C. Davies), who is the Chairman of the Welsh Affairs Committee, that I add my support for the way that he chairs the Committee generally and particularly for the way that he chaired it while this report was being produced. He brought us to a point of considerable agreement across all parties and today he elucidated very well the arguments that we had during the weeks that we debated the Bill. I was less certain about the transformation that he underwent during his speech into a shop steward for MPs from all parties. I certainly will not go so far as the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) in putting the hon. Gentleman’s commendations on my election literature. Nevertheless, the way in which he spoke up for MPs today is very welcome.

The Bill represents what the Committee referred to as a “profound change” to the constitution of the UK Parliament and particularly in respect of Wales, and we have heard that spelled out in different ways by different Members today. Reasonable Members of Parliament cannot argue with that conclusion, because any change that diminishes by fully 25% at a stroke the political representation of a country is a profound change. Any change that breaks a parliamentary protocol in respect of the representation of one country in a Parliament that has been established for almost 200 years—as we heard from my right hon. Friend the Member for Torfaen (Paul Murphy), that protocol was established in the Great Reform Act of 1832—is a profound change. That protocol established an over-representation, if you like, for Wales, but it is an over-representation that is designed to reflect the asymmetrical nature of the Union that we have between Wales, Scotland and England, and to offer some protection and insurance that the junior partner in that Union—that is, Wales—does not have its voice drowned out by the leviathan—that is, England —on its border. I believe that the changes that we are discussing potentially threaten the Union, and any such change is absolutely a profound change.

One of the great disappointments for the Opposition during the all-too-hasty passage of the Bill was the seeming inability of the Government to acknowledge the arguments that many people from across the House—on the Tory side as well as on the Opposition side—were making. For the Opposition’s part, I feel that we acknowledged that there is an important argument to be made about equality and fairness in representation being observed and implemented, to the extent that that is possible in representation between different constituencies. We acknowledged that that is an important and long-standing priority.

However, that is not the only consideration or priority that ought to have been considered by the House. It was profoundly disappointing that the Government singularly refused to acknowledge that there might be other considerations, and I suspect that we will hear something similar in a moment from the Minister. The principal one among those other considerations is the importance of giving insulation and protection to the junior partner in this asymmetrical union that we have, and the corresponding danger of changing that balance and the voice of Wales being singularly diminished in Westminster.

The Committee’s report was quite prescient in giving warnings about those dangers. We have heard today from my hon. Friend the Member for Islwyn (Chris Evans) that it was prescient in its warning that the changes being proposed could lead to a diminution of trust in politics. The Government told us that the rationale for pursuing the Bill was, in many respects, to try to rebuild trust in politics, which we all accept has been damaged in recent years. However, the Opposition fail to see how removing politicians further from the electorate and increasing the gap between electors and elected will help to rebuild trust. If anything, a rational observation is that it is likely to do the reverse and increase people’s mistrust in politics, especially when people look at these changes and understand—as we in the Opposition understand—that they are motivated by a partisan rationale.

The hon. Member for Carmarthen East and Dinefwr and my right hon. Friends the Members for Cardiff South and Penarth (Alun Michael) and for Torfaen, who are both former Secretaries of State for Wales, and indeed other Members have already discussed the next point that I want to make; in particular, my right hon. Friend the Member for Torfaen spoke with great power about it. It is that we are deeply concerned about the impact that this change will have on the Union.

Nationalist politicians, with their variable success at the recent election, are undoubtedly emboldened in some respects by the change that is being proposed. For all that we hear the hon. Member for Carmarthen East and Dinefwr talk about the importance of representation in this place, I think that nationalist politicians are emboldened by the extent to which the Bill and some of the other things that we have discussed today are putting the debate about the Union at the top of the agenda. The Bill and the other issues that we have debated are throwing into question the constitutional settlement that we have understood for the last 200 years—indeed 300 years—and challenging us to think about what we mean by the future of devolution, how Wales is to be represented and what balance is to be struck in the light of devolution.

I agreed with the Minister when he said in an intervention that perhaps we had not fully thought through the implications of devolution. We now need to do that and to think holistically about all these issues instead of doing what I fear is precisely the Government’s intention, which is to look at them piecemeal and for party advantage.

I share the concerns of my right hon. Friend the Member for Torfaen that, for all the Prime Minister’s avowed intention to fight with every fibre of his being for the Union, we are hearing far too much from Conservative Back Benchers who are resentful of Wales. They are resentful of the different decisions that are being made in Wales and of what they perceive to be the parts of the UK, including Wales, that are both politically hostile—they do not elect Conservative candidates—and economically dependent, which is the bit that really worries me. There is an ugly spirit at the back of those concerns that Wales is getting more than it is due and that Welsh needs are being over-accommodated, both in terms of political representation and the economy.

[Geraint Davies]

Does my hon. Friend agree that there is a worrying and increasing number of Conservative MPs who take the view that having separation of both Wales and Scotland from England would be a price worth paying to have a perpetual Conservative Government running England?

[Owen Smith]

I share some of the concern about that issue. I do not think that my hon. Friend is overstating the case, because we have heard far too many noises off from Conservative MPs that lead us to fear that many of them think that breaking up the Union would be a price worth paying. I certainly do not share that view and I do not think that any Opposition Members do either.

Another area that we have touched on today and that the Committee’s report was again prescient about is the impact on the National Assembly of the changes that are being proposed. During the passage of the Bill, we were repeatedly told that breaking the link between elections in constituencies in Wales for the National Assembly and elections for Westminster effectively meant that the National Assembly would be unaffected by the Bill. However, it is only a couple of short weeks since the Bill’s passage and already we have heard the Secretary of State for Wales, in response to a question put by the hon. Member for Carmarthen East and Dinefwr in Welsh questions last week, entertain the notion that a Calman-style commission in Wales might look beyond financial matters and indeed might look at the nature of the elections to the National Assembly and the make-up of the electoral districts for the National Assembly. That is worrying. It is looking like another broken promise from the Government if we are now going to see the National Assembly being so directly impacted by the Bill.

I ask the Minister to try to clarify today what was implied by the Secretary of State’s response to the hon. Gentleman’s question last week. If the Minister is unable to tell us exactly what that commission is going to look at, can he at least tell us whether it will look at alternatives to the current voting system? The hon. Member for Carmarthen East and Dinefwr slightly misrepresented me when he said that in our discussions last week I said that we had to stick pretty much with what we have got. I did not say that. What I said was that we certainly should not shift instantly if we are to consider these matters through 30 list members and 30 first-past-the-post members. The rejection of the alternative vote last week raises the question of whether we ought to look more seriously at first past the post and I think that there is an opportunity for us to put other alternatives on the table, such as having 60 members, two per constituency, in a first-past-the-post system. There might be a significant amount of agreement across the House for that as an alternative system.

[Paul Murphy]

My hon. Friend knows that I entirely agree with him on that issue. I hope, however, that he, and the House, understand that any substantial constitutional changes to what the people voted for in 1997 would require not just huge consensus but a referendum. I hope that the Minister will indicate that understanding in his response.

[Owen Smith]

That point is very well made, and I look to the Minister to clarify it. We would certainly hope to see it clarified under any possible Calman-style commission.

My final point is a reflection of some of the remarks made earlier. The contrast between the 2011 Act and the constitutional changes that it portends and the House of Lords draft Bill that we saw only this week could not be starker: pre-legislative scrutiny, the establishment of an independent commission, a Joint Committee, a draft Bill—a serious look at what will be a dramatic, radical and historic change to the governance of our country.

No less historic a change for Wales was the announcement, dealt with in eight scant days on the Floor of the House, of a quarter reduction in the number of MPs from Wales. That measure was railroaded through for what I fear were squalid, partisan and political reasons, and I am sure that the people outside this place will be concerned that the Government could apply a similarly high-handed gerrymandering approach to the potential changes to the National Assembly electoral boundaries.

--- Later in debate ---

[Mr Jones]

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]

Will the Minister give way?

[Mr Jones]

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.