Parliamentary Voting System and Constituencies Bill - Political and Constitutional Reform Committee Contents


Written evidence submitted by Keep Cornwall Whole (PVSCB 03)

SUMMARY

    — The draft Parliamentary Voting System and Constituencies Bill includes the key principle of achieving constituencies with very similar sized electorates. It is proposed that all constituencies throughout the United Kingdom, with a very small number of exceptions, must be within 5% of the average UK electorate.

    — The rigidity of the Bill means that Cornwall would inevitably have at least one cross border seat with Devon, despite its exceptionally distinct Celtic history and culture, unique geography as a peninsula bounded by the Tamar River, special constitutional position, and a specific economic profile that receives EU Convergence Funding.

    — Keep Cornwall Whole is a cross-party campaign group that representing a cross-party and cross-geographical consensus within Cornwall. It operates in a non-partisan consensual way and seeks to ensure that the Bill is modified in order to protect the historic integrity of Cornwall.

    — Several other areas with a clear sense of identity—geographically, socially, culturally, historically and economically—could also be adversely affected by the proposal.

    — We consider that this would be unreasonable, and that a better balance can be achieved between numerical equality and accurate representation of people and place. We suggest a number of ways of achieving this.

ABOUT US

  Keep Cornwall Whole is an organisation set up by the Town Mayor of Saltash in specific response to this Bill. Its steering group has representation from all significant political groups within Cornwall including the Conservatives, Liberal Democrats, Labour, Mebyon Kernow and the Green Party, as well as Independent councillors.

  It is supported by Cornish Members of Parliament, local political leaders and Town and Parish Councils, a number of Cornish cultural organisations, and several hundred registered supporters of our Facebook Group.

EVIDENCE

  1.  The Bill currently states that constituencies, with a small number of exceptions, must have electorates within 5% of quota, which the Boundary Commission currently estimates to be around 75,500, thus providing a range of 71,725-79,275.

  2.  As of 1 December 2009, Cornwall's electorate was 416,166, giving it an "entitlement" of 5.51MPs.

  3.  This would make it mathematically impossible for Cornwall to have a whole number of MPs to itself—five MPs would average 1.10 of quota, and six MPs would average 0.92 of quota.

  4.  This is not just an issue that concerns the people of Cornwall. Many other parts of the United Kingdom could also be adversely affected by the Bill in similar ways, particularly islands and areas separated by estuaries.

  5.  For example Ynys Mon had 50,396 local government electors, or 0.67 of likely quota, and the Isle of Wight 111,283, or 1.47 of likely quota, and the Wirral, divided from Liverpool by the Mersey River, 241,570, or 3.21. Thus parts or all of each of these areas, each of which has a clear geographical division—a river or sea—as well as a clear identity, would certainly be joined with parts of other areas.

  6.  Furthermore, a cursory examination of the number of electors in each English County demonstrates that a number of other areas would be likely to have cross-border seats. Examples of counties that would have to "share" parliamentary seats could well include Northumberland with Tyne and Wear, Durham with the former county of Cleveland, Northamptonshire with Bedfordshire, Norfolk with Cambridgeshire, Shropshire with Herefordshire and Worcestershire, Warwickshire with Oxfordshire, Wiltshire with Dorset, and Somerset with Avon. This is aside from issues likely to be raised within Scotland, Northern Ireland and Wales, and with the wards of major cities such as Birmingham which have very large electorates. This paragraph draws heavily on an article on the "Polling Report" website.[7]

  7.  We note that MPs throughout the United Kingdom have long represented areas that are much more than simply a group of individuals—they speak for their constituency. We contend that this is not simply for reasons of geographical simplicity, and that it follows that their constituency should wherever possible have a clear identity. If a constituency is composed of two or three areas with highly different identities, this will be particularly difficult to achieve and there is a severe risk that elements of it will go under-represented or indeed unrepresented.

  8.  We would further note that effective constituency representation relies on a degree of constituency stability as well as local links, and that 5 yearly reviews focused almost entirely on numbers would greatly weaken this.

  9.  In the case of Cornwall in particular, including the Isles of Scilly for parliamentary purposes, we wish to make a number of specific points as to why it has a very strong identity, and should not be joined with parts of Devon or Plymouth.

  10.  The East of Cornwall is made up entirely up small towns and rural areas, in direct contrast to the City of Plymouth in particular. Only Bodmin and Saltash have populations of over 15,000, and none over 20,000. Even compared to small towns and rural areas in West Devon the nature of the respective towns and rural areas is quite different to even the casual observer.

  11.  The Office of National Statistics, when amending the areas for which it prepares statistics, supported and implemented, "the separation of Devon and Cornwall into two separate areas, recognising the very different economic conditions of the two counties, and Cornwall's sparsity of population, geographical peripherality and distinct cultural and historical factors reflecting a Celtic background"

  12.  Prior to the implementation or Proportional Representation for European Parliamentary Elections, the Flather Report from the EU Parliamentary Commission acknowledged a strong Cornish case to be a separate constituency from "West Plymouth", particularly in terms of historic and cultural distinctiveness.

  13.  That Cornwall is a Duchy with a special constitutional position further sets it apart from the rest of the UK. Other arrangements that recognise the distinctiveness of Cornwall include local government boundaries, diocesan boundary, PCT boundary, the structures of a great many voluntary and charitable organisations, and European Objective One and Convergence funding.

  14.  The Cornish Language and the Cornish Gorsedd are two obvious examples of historical and cultural distinctiveness. The Language is protected under the European Charter for Regional or Minority Languages, which amongst its provisions states that:

    7.1 In respect of regional or minority languages, within the territories in which such languages are used and according to the situation of each language, the Parties shall base their policies, legislation and practice on the following objectives and principles:

    b. the respect of the geographical area of each regional or minority language in order to ensure that existing or new administrative divisions do not constitute an obstacle to the promotion of the regional or minority language in question.

  15.  The Objective One and Convergence funding alluded to above, clearly demonstrates that Cornwall as a whole faces different economic issues to Devon. These are issues judged worthy of special funding intervention from the European Union, which treated Cornwall as a region in its own right.

  16.  It has been an accepted principal of ethnic categorisation in recent years that people are of the ethnic background that they identify themselves as. When residents of Cornwall have been given the opportunity to state their ethnicity, significant numbers have considered themselves to be Cornish as well as British, and there is a very clear geographical area to accompany that identity.

  17.  We therefore contend that to join parts of Cornwall to parts of Devon for parliamentary purposes would clearly go not only across local boundaries, but also across a regional boundary, which some in Cornwall consider to be a national boundary.

  18.  We do not contend that there are no links between Cornwall and Devon—clearly there will always be a need for cross-border co-operation on specific issues. However, the same is true of a number of counties, regions and even countries that nevertheless would not be considered appropriate to share parliamentary representation—for example, several areas on the border of England and Wales.

  19.  We would emphasise that were there to be five or six wholly Cornish Constituencies, the average size deviation from quota would not differ greatly from 5%—being approximately 10% or 8% respectively. Therefore Cornwall would need only a small statistical allowance to accommodate a very large economic, cultural and social distinction.

  20.  We would further re-emphasise that Cornwall is not the only area with special circumstances that would be affected in this way, albeit we believe it to be the strongest example, particularly given the historical context.

  21.  Whilst the Bill does currently allow the Boundary Commission to consider the following factors

    (a) special geographical considerations, including in particular the size, shape and accessibility of a constituency;

    (b) local government boundaries as they exist on the most recent ordinary council-election day before the review date;

    (c) any local ties that would be broken by changes in constituencies; and

    (d) the inconveniences attendant on such changes.

  This is only within the context of the 5% limit.

  22.  We contend that this 5% limit makes the notion of special circumstances virtually irrelevant, since they can apply only with a very narrow numerical tolerance.

RECOMMENDATIONS

  23.  Whilst the primary aim of our group is to secure the status of Cornwall as a distinct area for parliamentary purposes, we recognise a wider point: that this Bill will cause a large number of distinct areas to have their identity weakened, and will damage many historic and cultural links, as well as damaging constituency stability.

  24.  It is our view that the Bill could, and should, be modified in order to protect the historic integrity of Cornwall. Options include the following:

    (i) Either: to specify additional areas in the Bill to be protected, including Cornwall, or

    (ii) To amend the Bill to ensure new constituencies respect "county" boundaries, or

    (iii) To amend the Bill such that the Boundary Commission would be required to propose seats within 5% of the quota except where special considerations apply to such an extent that make the 5% limit inappropriate. Such considerations would include historic, cultural, social, economic, political and geographical factors.

  25.  Option (i) would see the position of a number of places enshrined in the Bill, as has already been done for Orkney and Shetland, and the Western Isles. In the case of Ynys Mon or the Isle of Wight this could be done as a single constituency. In the case of Cornwall, or other multi-member areas with special circumstances, this could be done by specifying the total number of MPs within the Bill, and leaving internal boundaries to the discretion of the Boundary Commission.

  26.  Option (ii) is self-explanatory. It ensures some stability and respect of traditional boundaries, whilst still achieving reasonable electoral equality across both Cornwall and England.

  27.  Were the Committee not to favour the recommendations in paragraphs 24 and 25, we would suggest that Option (iii) represents a way to achieve a balance between numerical equality and accurate representation of people and place. This option would reinstate the Boundary Commission's discretion to make judgements as to appropriate boundaries without unbreakable numerical restraints. The clause of the Bill that allows the Boundary Commission to take certain factors into account, reproduced in paragraph 19, could be amended to be notwithstanding the 5% limit, or to ordinarily require a 5% limit but allow for this to be disregarded in special circumstances. For example, "in circumstances where the Boundary Commission of England considers these considerations to be of such over-riding weight that they should take precedence over the provisions of rule 2, the Commission may determine boundaries that do not meet the provisions of that rule".

  28.  Reinstating the Boundary Commission's discretion in this manner, would also ensure that exceptions to the 5% rule would be based on the evidence and independent judgement of the Commission.

  29.  We have considered, but not recommended, that the Bill could be amended to allow for a greater degree of numerical flexibility—for example 10%. However we note that this course of action, would certainly not encompass the needs of areas such as Ynys Mon or the Isle of Wight, and would be difficult to achieve within Cornwall.

  We also contend that "special geographic considerations" can be interpreted in too narrow a way, and recommend that it be replaced with "special economic, social, historical, cultural or geographic considerations".

1 September 2010







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