Appendix: Government Response
The Government welcomes the Committee's inquiry into
the proposed reforms. All main political parties committed during
the general election campaign to the need to repair our damaged
political system. It is also a key theme of the coalition's programme
for government. The Government believes that we should have a
political system that the people of the United Kingdom, including
the people of Wales, should be proud to participate in.
The Committee's report focuses primarily on the Parliamentary
Voting System and Constituencies Bill, which forms an important
part of the Government's wider programme of constitutional renewal.
The Bill, which was introduced in Parliament on 22 July 2010,
aims to rebuild confidence in the political system that is currently
at such a low ebb. A key principle underpinning the reforms is
that when electing Members to the House of Commons, votes should
have more equal weight throughout the United Kingdom - to achieve
this, constituencies must be more equal in size. In addition,
the Bill reduces the number of Parliamentary constituencies from
650 to 600. Seats will be allocated to each part of the United
Kingdom in proportion to their electorates, based on the electoral
registers that were due to be published on 1 December 2010 and
which will be available in late February. If the 2009 electoral
register data had been used, Wales would have been apportioned
30 seats (a reduction from 40 at present).
The Bill breaks the link between parliamentary constituencies
and National Assembly for Wales constituencies so that a reduction
in the number of MPs does not result in fewer Assembly members.
The Bill also provides for a referendum on the Alternative
Vote system for electing MPs.
The Committee's report comments briefly on the Fixed-term
Parliaments Bill, which was also introduced in Parliament on 22
July 2010. In the Bill, the Government seeks to introduce fixed-term
Parliaments of five years, ending the uncertainty around the date
of general elections. The Bill will provide that the UK Parliament
can only be dissolved early if at least two-thirds of MPs vote
for dissolution or if a Government is unable to secure the confidence
of the House of Commons within 14 days of a no confidence vote.
The Government believes that these two pieces of
legislation will be the foundation on which we can rebuild public
confidence in our political system.
The Government has worked to ensure a timely and
thorough response to this report in light of the progress in Parliament
of both the Parliamentary Voting System and Constituencies Bill
and the Fixed-term Parliaments Bill. We trust this response answers
fully the concerns expressed by the Committee in its report.
The practical implications
1. The timetable for making the necessary arrangements
for holding two different elections on the same day in Wales is
extremely challenging. While the Government argues that necessary
arrangements will be introduced so that any potential confusion
is minimised, many other experts, including an organisation representing
electoral administrators in the UK are less confident that the
elections will proceed smoothly. If the House does not amend the
Bill and the elections go ahead on 5 May 2011 as planned, confusion
will only be avoided as long as planning is rigorous and necessary
administrative arrangements are put in place. We urge the Government
to ensure that necessary planning is undertaken without delay
and to publish information about how it proposes to manage the
electoral arrangements as soon as possible. (Paragraph 13)
The Government believes there are three clear advantages
in combining the AV referendum with elections to the devolved
legislatures on 5 May 2011. First, there is a need to get on with
the job of constitutional reform as soon as we can. All main parties
fought the election on a platform of political reform, and it
is right that the issue of how MPs are elected is decided as quickly
as possible. Second, a combined poll is likely to increase voter
turnout. Combining polls is not unusual, and the 2010 General
Election was combined with local elections in many parts of the
country. In 1998, the Greater London Authority referendum was
combined with local elections in the London boroughs. The Government
does not believe that it makes sense for people in Wales to return
to the polls three times next spring, and respects voters' ability
to distinguish between the different polls. Third, combining the
polls will save money. We estimate that, across all polls on 5
May, the overall savings might be of the order of £30m. The
Government is committed to sharing these savings between the bodies
administering the polls. In Wales, a combined poll will result
in a saving of some £1m for the Welsh Assembly Government.
This demonstrates the practical benefits of the Government's Respect
agenda.
The National Assembly for Wales (Representation of
the People) Order 2007 makes provision for the conduct of elections
to the Assembly, including the elections on 5 May 2011. The Government
sought modest changes to these arrangements, and presented an
amendment Order[1]
to Parliament on 25 October to make these changes - over six months
in advance of the poll. The Order was made on 2 December, having
been approved by both Houses. The Government consulted interested
parties in Wales in preparing the Order, including the Regional
Returning Officer for Wales. The Parliamentary Voting System and
Constituencies Bill sets out the arrangements for combining the
AV referendum with this poll.
The Electoral Commission has made clear that it is
possible to deliver successfully the different polls on 5 May
2011, and that there are both benefits and risks to holding elections
and referendums on the same day. In November, Jenny Watson, the
Chair of the Electoral Commission, and Chief Counting Officer
responsible for the conduct of the referendum, said:
"Ultimately it is for the UK Parliament to
decide whether the proposed referendum goes ahead, but as the
Bill stands having passed through the Commons, enough progress
has been made against the risks we set out to allow the National
Assembly elections and [AV] referendum on 5 May to run smoothly.
The Bill has now passed to the House of Lords for their consideration,
and we will continue to monitor progress".[2]
The Government is alive to the need for rigorous
and careful planning to ensure the polls are fair and well run
on 5 May, and has been working with key stakeholders to ensure
that the necessary arrangements are in place well in advance of
the polls. A steering group has been established, chaired by the
head of the Electoral Commission, and including representatives
from both the Cabinet Office and the Wales Office, the Electoral
Commission, the Welsh Assembly Government, Regional Counting and
Returning Officers and electoral administrators, to ensure a consistent
approach to the combined polls across the UK. The minutes of each
meeting are available on the Electoral Commission website.
2. Should the UK general election coincide with
elections to the National Assembly for Wales on 7 May 2015, there
will need to be extremely robust cooperation and rigorous planning
between the UK and Welsh Assembly Governments and other agencies,
so that confusion and other complications are avoided. We recommend
that the Government commence work on this planning sooner rather
than later, and keep us informed of progress. (Paragraph 17)
3. The Government should make clear during the
Committee Stage of the Bill the other options it is considering
to avoid the UK general election and the National Assembly elections
both taking place on 7 May 2015. (Paragraph 18)
The Government has discussed with the Welsh Assembly
Government and the party leaders in the National Assembly the
coincidence of general elections and elections to the National
Assembly (and other devolved assemblies) in the context of the
Fixed-term Parliaments Bill.
Under the provisions in the Bill elections to the
devolved legislatures and the House of Commons will ordinarily
coincide on the same day only every 20 years. The existing statutory
term for the United Kingdom Parliament is five years, and the
Bill has not brought about the possibility that elections to the
House of Commons and devolved legislatures could coincide; it
merely provides prior notice that, under ordinary political cycles,
they will, every twenty years.
There are tangible benefits from combining polls,
including increasing voter turnout and reducing the cost to the
public purse, but the Government is also mindful of concerns expressed,
including by some in the devolved institutions, about the coincidence
of polls. The Government has consulted the First Minister, the
Presiding Officer and party leaders in the Assembly, on possible
options for deferring Assembly elections in years where they would
coincide with parliamentary general elections, and has also consulted
in Scotland in similar terms. We are considering next steps in
light of the responses received.
The political implications
4. Once again, our concerns are not, first and
foremost, about the principles at stake in each of these consultations
with the nation. They are about the wisdom and fairness of cramming
so much debate and decision into so short a space of time, especially
where these debates and decisions are about major constitutional
changes of some considerable complexity. We urge the Government
to give further consideration to these matters. The potential
clash of elections in 2015 could present significant challenges.
The Government will need to address this matter expeditiously.
(Paragraph 20)
The Government is committed to implementing much
needed political reform as soon as possible, and believes that
the Welsh electorate will be able to differentiate between the
three polls in Wales next spring - the referendum on further law
making powers for the National Assembly, the referendum on a change
to the voting system for Parliamentary elections and elections
to the National Assembly. There will be clear instructions on
the ballot papers advising people how to cast their vote in each
poll and, as with every election, there will also be information
at the polling station advising people on the polls taking place.
The Electoral Commission also has a formal role in promoting public
awareness of the two referendums.
As mentioned in our previous answer, the Government
is currently considering the potential coincidence of elections
in 2015.
Reducing the number of Parliamentary seats in
Wales and equalisation of constituencies
5. In a democracy, it is an important consideration
that every effort is made to ensure that votes have equal weight.
However, no electoral system genuinely delivers a wholly "fair"
outcome in these terms. Notwithstanding this principle, other
factors legitimately weigh in the consideration of where the balance
of fairness lies. It is also important that the interests of each
region of the United Kingdom are properly heard at Westminster.
The Government's proposals would reduce, at a stroke, the number
of MPs representing Wales by 25%. By any yardstick, this would
be a profound change to the way that Wales is represented in Parliament.
(Paragraph 29)
6. The unique position of Wales in terms of its
geography, culture and history has long been recognised in its
Westminster constituencies. We recommend that the Government brings
forward amendments to the Bill to permit the Boundary Commission
to give greater weight to these factors when drawing up new constituencies
than it is currently allowed under the current proposals. (Paragraph
33)
The Government welcomes the Committee's conclusion
that votes having equal weight is an important consideration in
any democracy. The overriding principles of the Government's reforms
are fairness and equality. Wales is currently significantly over-represented
in Parliament, so that a vote in a Welsh constituency is, in effect,
worth more than in most constituencies elsewhere in the United
Kingdom. That is not fair, and cannot be right.
Whilst the 2009 electoral register data would have
meant a reduction in the number of MPs in Wales of 25%, this should
be seen in the context of an overall reduction in the size of
the House of Commons resulting in the proportion of MPs representing
Welsh constituencies reducing from 6% to 5%. We do not agree that
this is as profound a change as might be thought at first sight.
Following these reforms, a vote in Wales would be worth the same
as anywhere else in the United Kingdom. Wales would continue to
have a strong voice in Westminster.
The Government agrees that other factors besides
equality should be considered in determining the boundaries of
the new parliamentary constituencies. The revised rules for the
distribution of seats provide for the Boundary Commissions, including
the Boundary Commission for Wales, to take into account local
geography and local ties in drawing the boundaries of new constituencies
- the same factors set out in the current legislation. The factors
include special geographic considerations such as the size, shape
and accessibility of a constituency, local government boundaries
and local ties, meaning that within the overall requirement for
constituencies of broadly equal size, the Boundary Commission
for Wales could, for example, take into account the history and
geography of the South Wales Valleys in creating new constituencies
in South Wales.
Constituencies may vary in size by as much as 10%
of the UK electoral quota, which will afford the Boundary Commissions
discretion to take local factors into account. On 2009 figures,
this would represent a variation of around 7,600, which we consider
provides the right balance between flexibility and fairness for
electors in the weight of their vote.
Scrutiny of the Executive
7. Government is most effective when Parliament
is able to provide effective and rigorous scrutiny. A reduction
in the number of MPs without a corresponding reduction in the
number of Ministers would increase further the dominance of the
Government over the House of Commons and is clearly a matter of
great constitutional importance. We strongly recommend that the
Government clarify its position on this matter. (Paragraph 37)
This argument has previously been raised by the Political
and Constitutional Reform Committee. The Government recognises
the concern, and the Minister for Political and Constitutional
Reform has said that the Government will consider the issue later
in this Parliament (and so before the reduction in the size of
the House of Commons takes effect).
The Government notes that there is no logical correlation
between the number of MPs and the number of ministers, and historically
there has not been a consistent relationship between the size
of the House of Commons and the number of Government ministers
within it. The number of ministers in the Commons should be determined
by what is needed to carry out the Government's parliamentary
business, and this will not necessarily be affected by the change
in the size of the chamber.
Voter registration
8. However, there are, we presume, wide variations
around this average [about 91% or 92% of eligible voters registered]
between different types of constituency. We recommend that the
Wales Office produce estimates of registration levels in each
constituency of Wales to inform debate on the Bill's effect on
Wales. (Paragraph 39)
9. It is in the interests of all democrats that
all eligible voters are able to cast their votes at elections.
While we note that the Government is committed to increasing the
number of voters on the electoral roll, we also note concerns
that, once individual voter registration has been implemented
in 2014, the 2010 electoral roll, which will be used to determine
the electoral quota for the new constituencies in 2015, may be
outdated. (Paragraph 41)
10. We recommend the Government reconsider its
plans to introduce boundary changes based on 2010 data and consider
ways in which more accurate and up-to-date data on those eligible
to vote can be gathered. (Paragraph 42)
Under the Parliamentary Voting System and Constituencies
Bill currently before Parliament, the forthcoming boundary reviews
will be conducted on the basis of the 1 December 2010 electoral
register, just as boundary reviews in the past have used the latest
registers. The Government believes the electoral register is the
best means for defining parliamentary constituencies because it
is updated annually and produced specifically for electoral purposes.
The Electoral Commission cites data from the Office
of National Statistics (ONS) that the best estimate for non-registration
among the eligible household population in England and Wales at
15 October 2000 (the qualifying date for the February 2001 register)
"lies between 8% and 9%".[3]
This means that around 91%-92% of those eligible to vote in England
and Wales were included on the register in 2000-01. Non-registration
in 2000 was 7% in England and 6% in Wales according to an ONS
unadjusted study sample. This rate of registration is broadly
in line with comparable countries such as Canada, France and Australia.
One aim of the Bill is to ensure that parliamentary
constituencies are reviewed more frequently than they are now.
Up until now, full reviews have been carried out every eight to
twelve years, which means that constituencies do not reflect recent
changes in the electoral register by the time new boundaries take
effect. The Boundary Commission for Wales published its fifth
periodical report on parliamentary constituency boundaries in
2005 using electoral registration data from 2002. The Commission's
recommendations formed the basis for the parliamentary constituencies
in Wales used in the 2010 General Election.
The Bill provides for boundary reviews to take place
more regularly in future. The four Boundary Commissions must report
on the new parliamentary constituency boundaries before 1 October
2013, and every five years thereafter. This will ensure that the
most up-to-date electoral data is used to determine the make-up
of parliamentary constituencies.
The Electoral Commission has noted that the "completeness
of Great Britain's electoral registers remains broadly similar
to the levels achieved internationally; but there is no room for
complacency".[4]
The Government recognises the need for electoral data to be as
accurate and up-to-date as possible and, working with Electoral
Registration Officers in local authorities, is seeking to increase
the level of registration and ensure that data in the 2010 electoral
register is as accurate as possible.
Whilst there is no one, single solution to under-registration,
the Government is also taking forward a number of initiatives
to improve the completeness and accuracy of the register. In the
shorter term, this includes working with local authorities to
identify people not on the register using existing public sector
databases, who could then be actively encouraged to register.
In the medium term, the Government is accelerating the move to
Individual Electoral Registration (IER) from 2014. These initiatives
will help target campaigns to increase rates of registration in
groups which have had historically lower levels of registration,
such as black and minority ethnic communities, private sector
tenants and younger people.
Electoral Registration Officers are required to publish
a register following the annual canvas of electors. This information
is collated and published by the Office for National Statistics
(ONS). However, ONS data does not include registration rates (i.e.
estimates of the percentage of eligible voters on the electoral
register).
Whilst it would be possible to match population estimates
to the numbers registered in order to generate a notional registration
rate, population data is estimated and will include some people
not eligible to register to vote - for example due to nationality.
In areas where population churn is high, both the population estimate
and numbers registering to vote will be subject to change. This
means that simply combining the two datasets risks producing a
misleading picture of registration rates. As the Electoral Commission
has indicated[5],
the process of estimating registration rates is an "imprecise
science".
The Wales Office is not therefore able to provide
the Committee with the accurate, constituency-level data it requested.
However, at Annex A, we attach a table setting out the total number
of electors in Wales on the electoral registers for parliamentary
and local/Assembly elections in 2007, 2008 and 2009, and the mid-year
population estimates for Wales for those years. The caveats set
out in previous paragraph also apply to the data in this table.
Scrutiny by the House
11. The Government is determined to pass this
legislation quickly in order that the referendum on the Parliamentary
electoral system can take place in May 2011. However, we agree
with the Political and Constitutional Reform Committee that the
Bill has been given insufficient time for proper scrutiny. (Paragraph
49)
The coalition's programme for Government set out
the Government's intention to hold a referendum on the alternative
vote. The Deputy Prime Minister made clear that we should move
swiftly to meet that commitment to the electorate, and the Government
believes that 5 May 2011 is the right date for the poll. The Bill
has to make progress in order that administrators have time to
prepare for the poll.
Parliament is having ample opportunity to debate
the proposals in full. For example, there were eight days of debate
during the Bill's Commons stages, including five days at Committee
stage and two days at Report and Third Reading, all on the floor
of the Commons. At Committee stage, some Members took the opportunity
to engage in political grandstanding instead of debating the proposals,
and it is regrettable that this denied the House the opportunity
to debate the clauses of the Bill in full. But the Government
does not agree that eight days of Commons debate represents insufficient
time for proper scrutiny.
The Bill has also been subject to select committee
scrutiny. As well as the Welsh Affairs Committee, the Minister
for Political and Constitutional Reform has given evidence to
the Political and Constitutional Reform Committee and both he
and the Deputy Prime Minister have appeared before the House of
Lords Constitution Committee.
Taken together, this represents a robust scrutiny
process involving both Houses and a number of select committees.
12. The Welsh Grand Committee gives all Welsh
Members the opportunity fully to debate issues relating to Wales.
That the Parliamentary Voting System and Constituencies Bill impacts
significantly on Wales is clear. In the light of this, we consider
the Secretary of State for Wales's decision not to convene a meeting
of the Welsh Grand Committee in this instance to be very disappointing.
(Paragraph 50)
The Government gave very careful thought to the need
for a meeting of the Welsh Grand Committee to debate the Parliamentary
Voting System and Constituencies Bill. We concluded that there
was no need for such a meeting.
From the start, the Government recognised the importance
of the Bill to Wales. We ensured that a Wales Office Minister,
the Parliamentary Under-Secretary of State for Wales, was responsible
for taking through the Wales-specific aspects of the Bill, working
closely with the Bill Minister, the Minister for Political and
Constitutional Reform.
MPs have had plenty of opportunity to discuss the
implications for Wales of the Bill. As set out in our preceding
answer, there were eight days of debate on the floor of the Commons.
This was sufficient time to scrutinise the Bill's provisions,
but unfortunately some Members chose to delay progress rather
than debate the important provisions which impact on Wales.
In September, the Secretary of State for Wales gave
an opportunity for all MPs representing Welsh constituencies to
discuss the Government's proposals with the Bill Minister (the
Minister for Political and Constitutional Reform). The Bill Minister
made clear that his door is open to meet MPs to discuss specific
aspects of the Bill, including its impacts in Wales.
Given the opportunities that the Government has made
available for debate and dialogue on the Bill, we believe that
a Welsh Grand Committee in this instance would have served only
to duplicate those opportunities that have not been taken by opposition
members on other occasions.
Annex
A
Total Electors in Wales 2007-2009
| Year | Mid Year Population Estimate (aged 16 and over)
| Parliamentary Electors
| % | National Assembly Electors
| % |
| 2007 | 2,419,700
| 2,257,474 | 93.30
| 2,273,586 | 93.96
|
| 2008 | 2,437,400
| 2,261,769 | 92.79
| 2,279,779 | 93.53
|
| 2009 | 2,449,100
| 2,261,269 | 92.33
| 2,280,240 | 93.11
|
Parliamentary elections
You can vote in UK general elections once you are on the electoral
register and provided that you are also:
- aged 18 or over on polling day
- a British citizen, or a qualifying Commonwealth citizen or
a citizen of the Irish Republic (living in the UK)
- not legally excluded from voting (for example, if you are
in prison)
British citizens living abroad who have been registered to vote
in the UK within the past 15 years can register as an overseas
voter, which means:
· you
can vote in UK general elections and European Parliamentary elections
Assembly and local government elections
You can vote in Assembly elections if you have registered
to vote and you are:
· a British
citizen living in the UK
· a qualifying
Commonwealth citizen living in the UK
· a citizen
of the Irish Republic living in the UK
· a European
Union citizen living in the UK
· registered
to vote as a Crown Servant
· registered
to vote as a service voter
You can not vote in local government elections if
you are:
a British citizen living abroad and registered as
an overseas voter.
1 The National Assembly for Wales (Representation
of the People) (Amendment) Order 2010. Back
2
The Electoral Commission News Release, 11 November. Back
3
The Electoral Commission's Report, Understanding electoral registration:
the extent and nature of non-registration in Britain (2005). Back
4
The Electoral Commission's Report: The completeness and accuracy
of electoral registers in Great Britain, March 2010. Back
5
The Electoral Commission's Report: The completeness and accuracy
of electoral registers in Great Britain, March 2010. Back
| 
