Parliamentary Voting System and Constituencies Bill 2010
Encyclopedia
The Parliamentary Voting System and Constituencies Act 2011 (c. 1) is an Act
passed by the Parliament of the United Kingdom
. The Bill for the Act was introduced to the House of Commons on 22 July 2010 and passed third reading on 2 November by 321 votes to 264. The House of Lords
passed the Bill, with amendments, on 14 February 2011, and after some compromises between the two Houses on amendments, it received Royal Assent
on 16 February.
The Act brings together two different constitutional aims of the Conservative-Liberal Democrat Coalition:
and Welsh
. Section 4 sets out provisions associated with the date of the Referendum, whereby the date for the poll and one or more United Kingdom local elections, 2011
, Scottish Parliament election, 2011
, Welsh Assembly election, 2011 or Northern Ireland Assembly election, 2011
will be taken on the same day. Section 9 set out amendments to the Representation of the People Act 1983
if the vote was "Yes".
including replacing Schedule 2 to introduce changes to the boundaries and number of UK constituencies, and the processes for their review. The changes for constituencies include:
The Act does not alter the structure and independence of the various Boundary Commissions which are responsible for carrying out reviews of constituencies.
. However, under section 8, the alternative vote provisions could have only come into force if more votes were cast in the referendum in favour of the answer “Yes” than in favour of the answer “No”; and the Order in Council giving effect to the new boundaries had been made. In any case, the referendum was resoundingly defeated, and consequently the alternative vote provisions were repealed on 8th July 2011.
The Bill passed through the House of Commons on schedule. The committee stage in the House of Lords began on 30 November 2010, and on the second day of Committee stage debate the Government were defeated when an amendment moved by Lord Rooker
allowing the date of the AV referendum to be varied from 4 May 2011 was carried by 199 to 195.
Labour Parliamentarians opposed the sections of the Bill relating to constituencies, asserting that it amounted to a 'gerrymander', and urged the Government to divide the Bill into two so that the section relating to the referendum on voting systems could be passed swiftly. The Prime Minister dismissed requests that the two elements of the Bill should be split.
By the middle of January, with the Bill having had eight days of consideration in Committee in the House of Lords, the Government voiced concern about the length of time being taken for a Bill which needed to be enacted by 16 February in order to allow the planned referendum to take place in May. Three of the Lords' four sitting days in the following week were set aside for the Bill and the Prime Minister's spokesman commented that some could be long days, with the House possibly sitting all night. The Leader of the House of Lords
, Lord Strathclyde
, complained that "the Labour peers are on a go-slow" and filibuster
ing the Bill. He was reported to be considering introducing a guillotine motion to the debate, which would have been an unprecedented move for the House of Lords.
On 17 January, consideration of the Bill in Committee began at 3:10 PM. After a dinner break for an hour in the evening, at 11:38 PM the House had completed debate on only one amendment. Lord Trefgarne
moved a rare closure motion
"that the question be now put" which was carried, bringing an end to debate on a second amendment. After fending off a Labour attempts to adjourn the House at 12:14 AM, 3:31 AM, and 9:01 AM, the sitting continued until 12:52 PM on 18 January. In order to keep Peers present during the all night sitting, the Coalition provided refreshment and arranged for celebrity Peers such as Julian Fellowes
and Sebastian Coe to give talks. Parliamentary officials turned two committee rooms into makeshift dormitories for male and female Peers. During the whole sitting, only eight amendments were debated.
The convenor of the Crossbench Peers, Baroness D'Souza
, made it clear that she would strongly oppose any attempt to guillotine debate, and at the end of January Strathclyde announced that (after discussion with Labour through the 'usual channels
') the Government would bring forward a "package of concessions" in order to break the deadlock. The Committee stage concluded on 2 February after 17 days of debate.
Report stage of the Bill in the House of Lords took place on 7, 8 and 9 February 2011, and the Bill was given a Third Reading and passed back to the Commons with amendments on 14 February.
said that "by making constituencies more equal in size, the value of your vote will no longer depend on where you live, and with fewer MPs the cost of politics will be cut." While Labour
promised a referendum for AV in their election manifesto, they announced that they will nevertheless oppose the Bill, saying that the constituency boundary changes will help the Conservatives.
There has been strong cross party opposition to the bill in Cornwall
due to the fact that the Cornish border will not be respected when constituency boundaries are drawn up. Commenting on this Prime Minister David Cameron said "It's the Tamar
, not the Amazon
, for Heaven's sake." Around 500 people gathered at a rally in Saltash
organised by its mayor, Adam Killeya. Guest speakers included Conservative
MP Sheryll Murray
, Liberal Democrat
MP Stephen Gilbert
, and Mebyon Kernow
councillor and deputy leader Andrew Long. Speaking to the crowds Stephen Gilbert said that "This is Cornwall and over there, that's England. When David Cameron said this is not the Amazon he was right... it's much more important." On the same day the Cornish
and Celtic campaigner Michael Chappell announced that he would be going on hunger strike over the boundary issue.
During the bill's second reading in the House of Commons, Nick Clegg said that the bill would help "restore people's faith in the way they elect their MPs" while Shadow Deputy Prime Minister Jack Straw
called it "deeply flawed and partisan".
In October 2010, the House of Commons Political and Constitutional Reform Select Committee reported on the bill.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
passed by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. The Bill for the Act was introduced to the House of Commons on 22 July 2010 and passed third reading on 2 November by 321 votes to 264. The House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
passed the Bill, with amendments, on 14 February 2011, and after some compromises between the two Houses on amendments, it received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 16 February.
The Act brings together two different constitutional aims of the Conservative-Liberal Democrat Coalition:
- The Liberal Democrats have long promoted an alternative to first-past-the-postFirst-past-the-postFirst-past-the-post voting refers to an election won by the candidate with the most votes. The winning potato candidate does not necessarily receive an absolute majority of all votes cast.-Overview:...
elections: the Act orders a referendum on introducing the Alternative VoteInstant-runoff votingInstant-runoff voting , also known as preferential voting, the alternative vote and ranked choice voting, is a voting system used to elect one winner. Voters rank candidates in order of preference, and their ballots are counted as one vote for their first choice candidate. If a candidate secures a...
system. - Prior to the election, the manifestos of both coalition parties stated that they wished to reduce the number of Members of Parliament from 650: the Conservatives' target figure was 585; the Liberal Democrats' target was 500; the bill sets 600 as the target number.
Part 1 – Voting Systems for Parliamentary Elections
Part 1 of the Act comprises sections 1 to 9. Section 1 sets out the question to be put to voters, in EnglishEnglish language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
and Welsh
Welsh language
Welsh is a member of the Brythonic branch of the Celtic languages spoken natively in Wales, by some along the Welsh border in England, and in Y Wladfa...
. Section 4 sets out provisions associated with the date of the Referendum, whereby the date for the poll and one or more United Kingdom local elections, 2011
United Kingdom local elections, 2011
The 2011 United Kingdom local elections were held on Thursday 5 May 2011. In England, direct elections were held in all 36 Metropolitan boroughs, 194 Second-tier district authorities, 49 unitary authorities and various mayoral posts, meaning local elections took place in all parts of England with...
, Scottish Parliament election, 2011
Scottish Parliament election, 2011
The 2011 Scottish Parliament general election was held on Thursday, 5 May 2011 to elect 129 members to the Scottish Parliament.The election delivered the first majority government since the opening of Holyrood, a remarkable feat as the mixed member proportional representation system is used to...
, Welsh Assembly election, 2011 or Northern Ireland Assembly election, 2011
Next Northern Ireland Assembly election
The 2011 election to the Northern Ireland Assembly took place on Thursday, 5 May, following the dissolution of the Northern Ireland Assembly at midnight on 24 March 2011...
will be taken on the same day. Section 9 set out amendments to the Representation of the People Act 1983
Representation of the People Act 1983
The Representation of the People Act 1983 is an Act of the Parliament of the United Kingdom. It changed the British electoral process in the following ways:* Amended the Representation of the People Act 1969....
if the vote was "Yes".
Part 2 – Parliamentary Constituencies
Part 2, comprising sections 10 to 13, amends the Parliamentary Constituencies Act 1986Parliamentary Constituencies Act 1986
The Parliamentary Constituencies Act 1986 is an Act of the Parliament of the United Kingdom. It is the legislation defining the constitution and work of the 4 parliamentary Boundary Commissions in the UK...
including replacing Schedule 2 to introduce changes to the boundaries and number of UK constituencies, and the processes for their review. The changes for constituencies include:
- Reducing the number of constituencies in the House of Commons from 650 to 600.
- Specifying that each constituency will be wholly within one of England, Wales, Scotland or Northern Ireland. (All existing constituencies already fulfil this requirement.)
- Requiring the electorate of each constituency to be within 5 percent of the national average.
- This electorate requirement overrides considerations of local geographical and political boundaries, and the only exceptions to the minimum electorate requirement are:
- The island constituencies of Orkney and ShetlandOrkney and Shetland (UK Parliament constituency)Orkney and Shetland is a constituency of the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election...
and Na h-Eileanan an Iar (Western Isles)Na h-Eileanan an Iar (UK Parliament constituency)Na h-Eileanan an Iar is a constituency of the House of Commons of the Parliament of the United Kingdom, created in 1918. It elects one Member of Parliament by the first past the post system of election.- History :...
which are explicitly preserved. - Two constituencies for the Isle of WightIsle of WightThe Isle of Wight is a county and the largest island of England, located in the English Channel, on average about 2–4 miles off the south coast of the county of Hampshire, separated from the mainland by a strait called the Solent...
. (This is an increase from the single constituency that exists at presentIsle of Wight (UK Parliament constituency)Isle of Wight is a county constituency represented in the House of Commons of the Parliament of the United Kingdom. Created by the Great Reform Act for the 1832 general election, it covers the whole of the Isle of Wight and elects one Member of Parliament by the first-past-the-post voting system.-...
.) - Constituencies covering more than 12,000 km2. (Of the current constituencies, this would only apply to the Highland constituency of Ross, Skye and LochaberRoss, Skye and Lochaber (UK Parliament constituency)Ross, Skye and Lochaber is a constituency of the House of Commons of the Parliament of the United Kingdom . It elects one Member of Parliament by the first past the post system of election....
.)
- The island constituencies of Orkney and Shetland
- No constituency may be larger than 13,000 km2 .
- The four Boundary Commissions of the United Kingdom are to conduct constituency reviews before 1 October 2013 and before 1 October of every subsequent 5th year.
- The Boundary Commission for England may consider the boundaries of the regions used for elections to the European ParliamentEuropean ParliamentThe European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
in its processes. - The link between Westminster and Welsh Assembly constituencies is removed. The government is intending to propose future arrangements for Welsh Assembly constituencies in time for the 2015 Assembly elections.
- "Public Hearings" to hear views about the Boundary Commissions' proposals, in place of the previous "Local Inquiries".
- The consultation period for the public to submit their views in writing is extended to 12 weeks from 4 weeks.
Schedules
- Schedule 1 deals with the Referendum. This section includes information and instruction relating to the role and responsibilities of Returning Officers, Counting Officers, the Electoral Commission, and the declaration of the referendum result.
- Schedule 2 outlines the administrative and logistical rules behind the referendum, including ballot paper design, polling station provision, the nature of the counting of the votes and the ballot box design.
- Schedule 3 amends the rules on proxy and absent voting.
- Schedule 4 amends or appeals existing Representation of the People Acts and Electoral Administration laws with relation to all aspects of the referendum campaign and polling day.
- Schedules 5 to 8 set out how the referendum and local/devolved assembly elections will be combined.
- Schedule 9 builds regulations relating to funding, loans and permitted financial transactions during the referendum campaign.
- Schedule 10 amends regulations relating to the conduct of polling day in the event of the United Kingdom adopting AV.
- Schedule 11 outlines consequential amendments and repeals.
The Act does not alter the structure and independence of the various Boundary Commissions which are responsible for carrying out reviews of constituencies.
Commencement
As per section 19, the majority of the provisions of the Act came into force upon Royal AssentRoyal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
. However, under section 8, the alternative vote provisions could have only come into force if more votes were cast in the referendum in favour of the answer “Yes” than in favour of the answer “No”; and the Order in Council giving effect to the new boundaries had been made. In any case, the referendum was resoundingly defeated, and consequently the alternative vote provisions were repealed on 8th July 2011.
Timeline
The initial timeline for consideration of the Bill was set out at the beginning of the process.- 6 September 2010. Commons: Second Reading
- 12–25 October 2010. Commons: Committee Stage (line-by-line discussion, amendment and alteration of the bill by a Committee of the whole House)
- 1–2 November 2010. Commons: Report Stage
- 2 November 2010. Commons: Third Reading
- 15–16 November 2010. Lords: Second Reading
- 30 November 2010. Lords: Committee Stage
- February 2011. Conclusion of Lords stages and Royal Assent
The Bill passed through the House of Commons on schedule. The committee stage in the House of Lords began on 30 November 2010, and on the second day of Committee stage debate the Government were defeated when an amendment moved by Lord Rooker
Jeff Rooker, Baron Rooker
Jeffrey William Rooker, Baron Rooker, PC is a British politician, who served as the Labour Member of Parliament for Birmingham Perry Barr from 1974 until 2001...
allowing the date of the AV referendum to be varied from 4 May 2011 was carried by 199 to 195.
Labour Parliamentarians opposed the sections of the Bill relating to constituencies, asserting that it amounted to a 'gerrymander', and urged the Government to divide the Bill into two so that the section relating to the referendum on voting systems could be passed swiftly. The Prime Minister dismissed requests that the two elements of the Bill should be split.
By the middle of January, with the Bill having had eight days of consideration in Committee in the House of Lords, the Government voiced concern about the length of time being taken for a Bill which needed to be enacted by 16 February in order to allow the planned referendum to take place in May. Three of the Lords' four sitting days in the following week were set aside for the Bill and the Prime Minister's spokesman commented that some could be long days, with the House possibly sitting all night. The Leader of the House of Lords
Leader of the House of Lords
The Leader of the House of Lords is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Lords. The role is always held in combination with a formal Cabinet position, usually one of the sinecure offices of Lord President of the Council,...
, Lord Strathclyde
Thomas Galbraith, 2nd Baron Strathclyde
Thomas Galloway Dunlop du Roy de Blicquy Galbraith, 2nd Baron Strathclyde, PC , is a British politician. He is currently the Leader of the House of Lords and the Chancellor of the Duchy of Lancaster as well as being the leader of the Conservative Party in the House of Lords...
, complained that "the Labour peers are on a go-slow" and filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
ing the Bill. He was reported to be considering introducing a guillotine motion to the debate, which would have been an unprecedented move for the House of Lords.
On 17 January, consideration of the Bill in Committee began at 3:10 PM. After a dinner break for an hour in the evening, at 11:38 PM the House had completed debate on only one amendment. Lord Trefgarne
David Trefgarne, 2nd Baron Trefgarne
David Garro Trefgarne, 2nd Baron Trefgarne, PC , is a British Conservative politician.The son of George Morgan Trefgarne, 1st Baron Trefgarne, Trefgarne succeeded his father as 2nd Baron Trefgarne in 1960 at the age of 19, having attended Haileybury and Imperial Service College. He took his seat...
moved a rare closure motion
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
"that the question be now put" which was carried, bringing an end to debate on a second amendment. After fending off a Labour attempts to adjourn the House at 12:14 AM, 3:31 AM, and 9:01 AM, the sitting continued until 12:52 PM on 18 January. In order to keep Peers present during the all night sitting, the Coalition provided refreshment and arranged for celebrity Peers such as Julian Fellowes
Julian Fellowes
Julian Alexander Kitchener-Fellowes, Baron Fellowes of West Stafford, DL , known as Julian Fellowes, is an English actor, novelist, film director and screenwriter, as well as a Conservative peer.-Early life:...
and Sebastian Coe to give talks. Parliamentary officials turned two committee rooms into makeshift dormitories for male and female Peers. During the whole sitting, only eight amendments were debated.
The convenor of the Crossbench Peers, Baroness D'Souza
Frances D'Souza, Baroness D'Souza
Frances Gertrude Claire D'Souza, Baroness D'Souza, CMG, PC is a British scientist and life peer in the House of Lords. She is currently Lord Speaker, having taken office on 1 September 2011.-Biography:...
, made it clear that she would strongly oppose any attempt to guillotine debate, and at the end of January Strathclyde announced that (after discussion with Labour through the 'usual channels
Usual channels
"Usual channels" is a term used in British politics to describe the relationship between the Whips of the Government and the Opposition. Essentially, this is to obtain co-operation between the two parties, in order to ensure as much business as possible can be dealt with in each parliamentary...
') the Government would bring forward a "package of concessions" in order to break the deadlock. The Committee stage concluded on 2 February after 17 days of debate.
Report stage of the Bill in the House of Lords took place on 7, 8 and 9 February 2011, and the Bill was given a Third Reading and passed back to the Commons with amendments on 14 February.
Reaction and analysis
Upon launching the bill, Deputy Prime Minister Nick CleggNick Clegg
Nicholas William Peter "Nick" Clegg is a British Liberal Democrat politician who is currently the Deputy Prime Minister, Lord President of the Council and Minister for Constitutional and Political Reform in the coalition government of which David Cameron is the Prime Minister...
said that "by making constituencies more equal in size, the value of your vote will no longer depend on where you live, and with fewer MPs the cost of politics will be cut." While Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
promised a referendum for AV in their election manifesto, they announced that they will nevertheless oppose the Bill, saying that the constituency boundary changes will help the Conservatives.
There has been strong cross party opposition to the bill in Cornwall
Cornwall
Cornwall is a unitary authority and ceremonial county of England, within the United Kingdom. It is bordered to the north and west by the Celtic Sea, to the south by the English Channel, and to the east by the county of Devon, over the River Tamar. Cornwall has a population of , and covers an area of...
due to the fact that the Cornish border will not be respected when constituency boundaries are drawn up. Commenting on this Prime Minister David Cameron said "It's the Tamar
River Tamar
The Tamar is a river in South West England, that forms most of the border between Devon and Cornwall . It is one of several British rivers whose ancient name is assumed to be derived from a prehistoric river word apparently meaning "dark flowing" and which it shares with the River Thames.The...
, not the Amazon
Amazon River
The Amazon of South America is the second longest river in the world and by far the largest by waterflow with an average discharge greater than the next seven largest rivers combined...
, for Heaven's sake." Around 500 people gathered at a rally in Saltash
Saltash
Saltash is a town and civil parish in Cornwall, England, United Kingdom. It has a population of 14,964. It lies in the south east of Cornwall, facing Plymouth over the River Tamar. It was in the Caradon district until March 2009 and is known as "the gateway to Cornwall". Saltash means ash tree by...
organised by its mayor, Adam Killeya. Guest speakers included Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
MP Sheryll Murray
Sheryll Murray
Sheryll Murray is a Conservative Party politician. She has been the Member of Parliament for South East Cornwall since the 2010 general election.-Early life:...
, Liberal Democrat
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
MP Stephen Gilbert
Stephen Gilbert (UK politician)
Stephen David John "Steve" Gilbert is a British Liberal Democrat politician, who was elected the Member of Parliament for the new constituency of St Austell and Newquay at the 2010 general election.-Background:...
, and Mebyon Kernow
Mebyon Kernow
Mebyon Kernow is a left-of-centre political party in Cornwall, United Kingdom. It primarily campaigns for devolution to Cornwall in the form of a Cornish Assembly, as well as social democracy and environmental protection.MK was formed as a pressure group in 1951, and contained as members activists...
councillor and deputy leader Andrew Long. Speaking to the crowds Stephen Gilbert said that "This is Cornwall and over there, that's England. When David Cameron said this is not the Amazon he was right... it's much more important." On the same day the Cornish
Cornish people
The Cornish are a people associated with Cornwall, a county and Duchy in the south-west of the United Kingdom that is seen in some respects as distinct from England, having more in common with the other Celtic parts of the United Kingdom such as Wales, as well as with other Celtic nations in Europe...
and Celtic campaigner Michael Chappell announced that he would be going on hunger strike over the boundary issue.
During the bill's second reading in the House of Commons, Nick Clegg said that the bill would help "restore people's faith in the way they elect their MPs" while Shadow Deputy Prime Minister Jack Straw
Jack Straw
Jack Straw , British politician.Jack Straw may also refer to:* Jack Straw , English* "Jack Straw" , 1971 song by the Grateful Dead* Jack Straw by W...
called it "deeply flawed and partisan".
In October 2010, the House of Commons Political and Constitutional Reform Select Committee reported on the bill.
External links
- Maptitude for Redistricting - Dominant software in the USA for political boundary revisions.
- Parliamentary Voting System and Constituencies Act 2011 – copy of the Act as enacted at the UK government's legislation website.