Constituency boundaries: the Sixth General Review in

Standard Note: SN/PC/06226 Last updated: 4 February 2013

Author: Isobel White and Neil Johnston Section Parliament and Constitution Centre

The Parliamentary Voting System and Constituencies Act 2011 made provision for the number of constituencies to be reduced to 600.

The four Parliamentary Boundary Commissions announced the commencement of the sixth general review of Parliamentary constituencies (also known as the 2013 review) on 4 March 2011. The Boundary Commission for Wales announced on the same day that Wales would have 30 constituencies, a reduction of 10. No constituencies are exempt from the new requirement for constituencies to be within 5% of the electoral quota.

The Boundary Commission for Wales published its initial proposals on 11 January 2012. Revised proposals were published on 24 October 2012.

Following the Electoral Registration and Administration Act 2013 receiving Royal Assent on 31 January 2013, the date of the next boundary review has been postponed until 2018. The Boundary Commission for Wales has therefore ceased working on the 2013 Review.

This Note gives details of the 2013 review in Wales, its progress and the consultation process. It should be read in conjunction with Library Standard Note 6095, Initial proposals for new constituency boundaries: Wales which looks at the extent to which the proposed constituencies can be identified with existing seats and which existing constituencies will be most affected by the proposals.

For general background to the Sixth Review see SN 5929, Constituency boundaries: the Sixth General Review and for details in Northern Ireland and see SN 6225 Constituency boundaries: the Sixth General Review in Northern Ireland and SN 6227 Constituency boundaries: the Sixth General Review in Scotland.

This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. It should not be relied upon as being up to date; the law or policies may have changed since it was last updated; and it should not be relied upon as legal or professional advice or as a substitute for it. A suitably qualified professional should be consulted if specific advice or information is required.

This information is provided subject to our general terms and conditions which are available online or may be provided on request in hard copy. Authors are available to discuss the content of this briefing with Members and their staff, but not with the general public. Contents

1 Background 3

2 Initial recommendations 4

3 Initial consultation 6

4 Secondary consultation 7

5 Revised recommendations 7

6 Final recommendations and Order in Council 8

2 1 Background The four Parliamentary Boundary Commissions announced the commencement of the Sixth Periodical Review (the 2013 Review) on 4 March 2011. The Boundary Commissions agreed, for the purposes of the Sixth Review, that the total UK electorate was 45,678,175 which gave an electoral quota for the whole of the UK of 76,641. This means that every constituency in Great Britain, apart from the specific exceptions given to four island constituencies in the Parliamentary Voting System and Constituencies Act 2011, must have an electorate no smaller than 72,810 and no larger than 80,473.

None of the constituencies in Wales are exempted from the strict parity rule, although during the passage of the Parliamentary Voting System and Constituencies Bill an unsuccessful attempt was made to exempt the island constituency of Ynys Môn. This means that the Boundary Commission for Wales must apply the electoral quota and the 5% rule across the whole of Wales. Ynys Môn, with an electorate of 49,524, will have to be combined with part of the mainland.1

The Parliamentary Voting System and Constituencies Act 2011 also decoupled Westminster Parliamentary constituencies from the constituencies of the National Assembly for Wales (NAW). The Government of Wales Acts of 1998 and 2006 both made provision for NAW constituencies to be the same as the Parliamentary constituencies for Wales, currently 40 (with the number of Assembly regional seats tied to the number of Assembly constituency seats).

The Parliamentary Voting System and Constituencies Act 2011 made provision for the same electoral quota to be used across the UK. Until the 2011 Act different parts of the UK had different quotas (the electoral quota in Wales at the Fifth Review was 55,640.2 The quota for and Scotland was 69,935)3. With a higher UK-wide electorate it was recognised that Wales was likely to see a significant reduction in the number of UK Parliamentary constituencies. Any substantial reduction in the number of Assembly Members was considered likely to have had an impact on the effectiveness of the Assembly, for instance by reducing the pool for membership of committees, Ministers and Deputy Ministers, and an effective opposition. It was for this reason that the Parliamentary Voting System and Constituencies Act 2011 decoupled the NAW constituencies (see Library Research Paper 10/55 The Parliamentary Voting System and Constituencies Bill for more detail).

The Boundary Commission for Wales issued a newsletter on 4 March 2011 which stated that Wales would have 30 constituencies, 10 fewer than at present.4 At the same time the Commission published the electoral data for Wales on its website.5 The data showed that of the 40 existing constituencies in Wales only one, South and Penarth, currently has an electorate within the allowable range.

The Boundary Commission commented:

Following some preliminary modelling work, the Commission has concluded that implementing the new statutory framework is likely to require very extensive and wide-

1 Boundary Commission for Wales, Electorates 2011, 4 March 2011. 2 Boundary Commission for Wales, Fifth Periodical Report on Parliamentary Constituencies and First Report on National Assembly for Wales Electoral Regions, December 2005, p3 3 Boundary Commission for England, Fifth Periodical Report, Vol I, p6 4 Boundary Commission for Wales, Newsletter, 4 March 2011 5 Hhttp://www.bcomm-wales.gov.uk/2013_review_maps_e.htm

3 ranging changes to be made to the existing pattern and composition of constituencies. The fact that major changes will be required by the new framework has been noted by a range of politicians, academics and political commentators.6

The Commission stated its intention to continue its policy of using electoral divisions as the basic building block for constituencies.7 However, it noted:

The Commission’s experience from previous general reviews also confirmed that any splitting of an electoral division between constituencies would be likely to break local ties, disrupt political party organisations, cause difficulties for Electoral Registration and Returning Officers and, possibly, cause confusion to the electorate.

In those instances where it does prove feasible to meet the requirement that the electorate shall be not less than 95% and no more than 105% of the UK electoral quota, the Commission is bound to divide electoral divisions between constituencies to the extent necessary to meet that requirement. In such circumstances, the Commission may divide an electoral division into areas and the wards of those Community areas (where wards exist), as the electorates for these units can be calculated from the published electoral registers with the assistance of the relevant Electoral Registration Officers.8

2 Initial recommendations The Boundary Commission for Wales had been expecting to publish initial proposals for the recommended 30 constituencies on 6 September 2011.9 However, on 3 August 2011 the Boundary Commission for Wales announced that the publication of its initial recommendations would be delayed until January 2012.10

The delay followed the announcement that two of the Parliamentary Boundary Commissioners for Wales, Paul Wood and John Bader, were to resign as soon as replacements had been appointed. The two were also Local Government Boundary Commissioners in Wales until they were removed from their posts in June 2011. This followed an independent review of the Local Government Boundary Commission commissioned by the Welsh Government.11 The Government announced the appointment of Paul Loveluck and Professor Robert McNabb as Parliamentary Boundary Commissioners on 10 October 2011.12

The initial proposals for Wales were published on 11 January 2012. 13 The recommendations were published in both English and Welsh and were made available on the Commission’s website.14

6 Boundary Commission for Wales, Newsletter, 4 March 2011, p2 7 Ibid, p4 8 Ibid 9 Boundary Commission for Wales, 2013 Review of Parliamentary Constituencies in Wales: Progress Report, January 2012 10 Boundary Commission for Wales, Newsletter, 3 August 2011 11 http://wales.gov.uk/newsroom/socialjustice/2011/110622boundary/?skip=1&lang=en accessed 9 August 2011 12 HC Deb 10 October 2011, c6-7WS 13 Boundary Commission for Wales, 2013 Review of Parliamentary Constituencies in Wales, January 2012, p3 14 A correction relating to the proposed Alyn and Deeside constituency was issued on 21 February 2012 which amended the incorrect assertion that Mold had been in the former district of Alyn and Deeside. However, this did not affect the composition of the proposed constituency. http://www.bcomm-wales.gov.uk/2013_review/correction_initial_proposals_20_feb_2012_e.pdf

4 The Commission confirmed that it had used local government electoral divisions as a basis for building constituencies but had, in four cases, divided electoral divisions between seats. It also sought to take account of unitary authority boundaries but stated it had been “nevertheless frequently necessary to cross these boundaries in order to form constituencies that comply with the statutory electoral range”.15

Only one existing constituency in Wales has an electorate within the permitted range, Cardiff South and Penarth, with an electorate of 73,690. As a result of changes required elsewhere to create constituencies with electorates within the required range all 30 proposed seats had new boundaries.

Fifteen existing constituencies are wholly contained within proposed new constituencies but with additional wards added to create acceptable electorates (Alyn and Deeside, , Brecon and Radnorshire, Bridgend, Cardiff West, , Dwyfor Meirionnydd, , Merthyr Tydfil and Rhymney, Neath, Rhondda, , Vale of , Wrexham and Ynys Mon). Ten of the existing constituency names were retained. 16

South Wales Nineteen of the thirty proposed seats were in the South Wales area covering the preserved counties of Mid, South and and Gwent. There are significant changes to all of the existing seats.

Cardiff remained represented by four seats but the proposed new constituencies took in more of the surrounding areas. Under the initial proposals, Penarth was transferred to a new Cardiff Central and Penarth constituency, Cardiff North was combined with Caerphilly and Cardiff West included parts of the old Pontypridd seat. A new seat called Cardiff East included about half of the existing Cardiff South and Penarth seat, parts of Cardiff Central and the Pentwyn part of the existing Cardiff North seat.

To the north of Cardiff, the existing Cynon Valley seat was abolished and the central part of the existing seat, around Abercwmboi was transferred to the proposed Rhondda constituency. The northern part of the Cynon Valley seat, around Hirwaun, was merged with the existing Merthyr Tydfil and Rhymney seat to form a new seat called Heads of the Valleys. The existing Islwyn and Caerphilly seats were abolished and redistributed between the proposed Cardiff North and Caerphilly, Blaenau Gwent, and Newport West and Sirhowy Valley seats. The proposed Newport East seat took in more of Newport itself but no longer included Langstone and Magor. Torfaen and Monmouth were less extensively altered than other seats with Monmouth gaining Magor and Langstone from Newport East and Torfaen gaining Croesyceiliog and Llanyrafon from the existing Monmouth seat.

Aberavon and Ogmore were merged to form the proposed Aberavon and Ogmore seat, with parts of the existing Ogmore seat being transferred to the Pontypridd seat and parts of the existing Aberavon seat transferring to the Neath seat; Neath also gained part of the existing seat ( and electoral divisions). Llanelli also gained part of the existing Gower seat, (Pontardulais, Penyrheol, , and ). The remaining part of the Gower seat was combined with part of to form the proposed Gower and Swansea East constituency. The rest of Swansea was allocated to the modified Swansea East seat.

15 Boundary Commission for Wales, 2013 Review of Parliamentary Constituencies in Wales, January 2012, p3 16 Ibid, p9

5 Mid and North Wales The remaining eleven proposed seats cover the preserved counties of Dyfed, , Clwyd and , reflecting the lower concentrations of population, particularly in mid Wales.

Most of was included in the proposed South and West Pembrokeshire constituency. Fishguard, Goodwick, Scleddau, Dinas Cross and Maenclochog were merged with the existing Ceridigion seat in the proposed Ceridigion and North Pembrokeshire seat. The whole of , except for Llanelli and Kidwelly (included in the Llanelli seat) was included in one seat which, like Ynys Môn, is to be officially known by its Welsh name, Caerfyddin.

The rest of mid Wales was split between three large rural seats that extend from the Brecon Beacons in the south to Caernarfon, Betws-y-Coed and Denbigh, in the north. These were Gwynedd, Glyndwr and North Powys, and South Powys.

In the north, Ynys Môn was combined with the Bangor half of the existing Arfon seat to form the proposed Menai ac Ynys Môn seat. The Caernarfon half of the exisiting Arfon seat was transferred to the proposed Gwynedd seat. The remaining northern coastal and Wrexham area was split into four proposed seats (North Wales Coast, Dee Estuary, Alyn and Deeside and Wrexham Maelor).

3 Initial consultation The provisions for public consultations and hearings following the publication of the Boundary Commissions’ initial proposals are set out in Section 12 of the Parliamentary Voting System and Constituencies Act 2011. There have been a number of changes to the procedure used for public consultations at previous boundary reviews.

The initial consultation lasts for 12 weeks from the date of publication of the initial recommendations and written representations can be made in this period. Public hearings are also held during this time, each hearing lasting no more than 2 days. The Boundary Commissions for Scotland, Wales and Northern Ireland are able to hold at least 2 and no more than 5 hearings; the Boundary Commission for England is able to hold at least 2 and no more than 5 hearings in each region.

The Boundary Commission for Wales held 5 hearings: Swansea, Cardiff, Wrexham, Caernarfon and Llandrindod. These were held in February and March 2012.

Written representations could be sent to the Boundary Commission from 31 January until 4 April 2012. The Commission received over 500 written responses and over 100 people spoke at the public hearings.17 Publication of these responses started the secondary phase of the public consultation (see below).

Opposition to the initial recommendations includes the proposed Caerphilly and Cardiff North constituency. Changes to the existing Cynon Valley seat and the abolition of the existing Montgomery seat have been strongly opposed. However, the proposed North Wales Coast seat and the proposed Pontypridd seat gained support.18

17 Boundary Commission for Wales News release, 13 June 2012 18 Western Mail, Your views of constituency changes, 13 June 2012

6 4 Secondary consultation The publication of the written representations and the transcripts of the public hearings from the initial consultation triggered the start of secondary consultation. These were published on 13 June 2012.19

The secondary consultation ran for four weeks and closed on 10 July 2012. It was an opportunity for people to comment on the published representations received after the publication of the Initial recommendations. The Commission said:

The Commission’s initial consultation phase was very interesting, thought provoking and useful and this second period of consultation will also be important. In the light of submissions and counterproposals made, the Commission will consider changes to its proposals. We really want people to get in touch and let us know what they think.20

5 Revised recommendations Once the second consultation had finished the Commission considered all the representations made and decided whether any recommendations should be revised.

The Commission published revised proposals on 24 October 2012.21 The publication of the revised proposals started a further 8 week consultation period. Only written representations will be allowed, there are no public hearings, and the consultation closed on 18 December 2012.

The Boundary Commission has revised the boundaries of 20 of the 30 proposed constituencies in Wales from its initial recommendations. Two seats have the same recommended boundaries as the initial proposals but have been renamed (the proposed Neath and the Swansea Valley was initially called Neath and the proposed Flint and North constituency was initially called the Dee Estuary).

The 8 proposed seats unchanged from the initial proposals are Aberavon and Ogmore, Alyn and Deeside, Blaenau Gwent, Bridgend, Cardiff West, , The , and Torfaen.

As with the initial proposals, there are no existing constituencies retained in the revised proposals. The existing Cardiff South and Penarth was significantly altered by the Commission’s initial proposals and renamed Cardiff Central and Penarth. The revised proposals include a Cardiff South and Penarth constituency which is a similar shape to the existing constituency, with only one ward transferred out (Sully, which is transferred to the Vale of Glamorgan) and one ward transferred in (Adamsdown, currently in the existing Cardiff Central seat).

The main changes made by the Commission affect the seats covering Cardiff (except Cardiff West) and the valleys of Rhondda Cynon Taff, Merthyr Tydfil and Caerphilly. The area to the east of Newport has been combined with northern Cardiff and Risca to form a new seat called Cardiff North and South West Gwent, which is centred on the M4 corridor. The proposed seats covering Newport, Monmouthshire and south east Wales are less significantly altered.

19 Boundary Commission for Wales News release, 13 June 2012 20 Ibid 21 Boundary Commission for Wales News release, 24 October 2012

7 The six proposed large rural seats covering the preserved counties of Dyfed and Powys and the southern parts of Gwynedd and Clwyd follow the same general pattern as those included in the initial proposals but there have been modifications between them.

In the north of the country the five proposed constituencies covering the northern coastal towns and Ynys Môn also follow a similar pattern to those included in the initial proposals but there have been some adjustments between them, and also between them and the two large rural seats just to the south. The proposed North Wales Coast constituency has also been renamed Conwy and Colwyn.

6 Final recommendations and Order in Council When the Commission had decided on its final recommendations for the whole of Wales, it had been due to submit its final recommendations to the Government. It had to do this by 1 October 2013.

After the Government has received the final reports of the Boundary Commissions these will be laid before Parliament with a draft Order in Council giving effect to the recommendations. The Government may not modify the recommendations of any of the Parliamentary Boundary Commissions, unless it has been expressly requested to do so (in writing and with reasons) by the relevant Parliamentary Boundary Commission.

The draft Order has to be approved by both Houses of Parliament for the new boundaries to come in to operation. If the draft Order in Council is debated but not approved, the Government may then amend the draft and lay an amended draft before Parliament for approval.

Once the draft Order in Council has been approved by Parliament, the Government is required to submit it to be made by Her Majesty in Council. After the Order in Council has been made, the new constituencies take effect at a next general election. Any by-elections held in the meantime have to be held on the basis of the old (existing) constituencies.

The validity of an Order in Council, once made, may not be called into question in any legal proceedings.

The Deputy Prime Minister announced on 6 August 2012 that plans to reform the House Lords were to be dropped and that the Liberal Democrats will not vote to approve the Order implementing the recommendations of the Boundary Commissions. Mr Clegg subsequently made a statement to the House of Commons on 3 September 2012.22 In response to an intervention by Bernard Jenkin MP, Mr Clegg said;

On boundaries, we are, I suppose, strictly speaking, adhering to the coalition agreement, unlike on Lords reform...The hon. Gentleman is right to say that, because the primary legislation is still on the statute book, there is nothing in my power to stop the work of the boundary commissions, but I have made it clear that, since I think I reasonably believe that the constitutional reform package was exactly that—a package—and since this is the first time that either of the coalition parties has been unable to deliver on a major coalition agreement commitment, it is therefore right to rebalance things and not to proceed with an unbalanced package.23

22 HC Deb 3 September 2012 c35 23 HC Deb 3 September 2012 c39

8 Mr Clegg later added

As I have explained, the primary legislation is as it is, and no one is proposing that we repeal it. My own view—I have made this perfectly public—is that it would be better not to complete the outstanding stages of the Boundary Commission investigations because the end result is now a foregone conclusion, but if that is what is felt necessary then a vote will be held and the boundary changes will not go through before 2015.24

The Boundary Commissions therefore had to continue with their work, in the absence of any statutory requirement to desist, and, as the Deputy Prime Minister noted in his statement on 3 September 2012, there was ‘no agreement within Government to repeal that primary legislation’.25

During the passage of the Electoral Registration and Administration Bill 2012-13, which made provision for a legislative framework for the introduction of a new system of individual electoral registration (IER) under which electors will be registered individually instead of by household, an amendment was tabled which would amend the timing of the 2013 review.

The Electoral Registration and Administration Act 2013 therefore amends the Parliamentary Constituencies Act 1986 and delays the boundary review by one electoral cycle. It requires that the Boundary Commissions conduct a review after the 2015 general election and submit reports in 2018.26 The Boundary Commission for Wales therefore announced all work on the 2013 Review would cease. 27

Following the cessation of the 2013 Review no Orders will be laid before the current Parliament. Instead an Order will be laid after the Boundary Commission reports due in the autumn of 2018.

24 HC Deb 3 September 2012 c43 25 HC Deb 3 September 2012 c47 26 See Library SN05929 Constituency boundaries: the Sixth General Review and Standard Note SN06359 Electoral Registration and Administration Bill 2012-13: progress of the Bill for more details 27 Boundary Commission for Wales, Statement Regarding the 2013 Review of Parliamentary Constituencies, 31 January 2013

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