Advice on how to oppose the Devonwall seat … UPDATED

Earlier this year, the UK Government has commenced a review of parliamentary constituencies and, on Tuesday 13th September, the Boundary Commission (for England) announced recommendations which include a “Devonwall” seat, Known as “Bideford, Bude and Launceston.”

Please join Mebyon Kernow and other Cornish organisations in opposing the creation of such a cross-Tamar constituency. The creation of such a seat would be an unprecedented disaster, breaching the very territorial integrity of the historic nation of Cornwall.

Here is some advice on what you can do:

Please demand an amendment to the Parliamentary Voting System and Constituencies Act

The Boundary Review process is being driven by the Parliamentary Voting System and Constituencies Act, which became law in 2011.

The Act reduces the number of constituencies to 600 and states that, apart from four specific constituencies (Orkney & Shetland, the Western Isles, and two seats for the Isle of Wight), the electorates for individual seats must be within 5% of the United Kingdom average. This equates to between 71,031 and 78,507 votes in each seat.

Northern Ireland, Scotland and Wales were protected as entities in the legislation, but sadly Cornwall was not.

The electorate of Cornwall and the Isles of Scilly (recorded in December) means we would be entitled to about 5.27 MPs and it was therefore a statistical impossibility for the Boundary Commission to propose five seats for Cornwall and Isles of Scilly.

That is why we need to build a massive campaign to put pressure on central government and Members of Parliament to modify the existing legislation to ensure that Cornish constituencies remain whole and lie entirely within the boundaries of Cornwall (and the Isles of Scilly).

Please lobby the UK Government and Cornwall’s six MPs

Please also join us in writing to the UK Government to demand that the Parliamentary Voting System and Constituencies Act be amended.

Please send correspondence to:

Chris Skidmore MP, Minister for the Constitution, Cabinet Office, Whitehall, London, SW1A 2AS and / or chris.skidmore.mp@parliament.uk

Theresa May MP, Prime Minister, 10 Downing Street, London, SW1A 2AA and / or via https://email.number10.gov.uk

Your local Cornish MPs c/o House of Commons, London, SW1A 0AA and / or
steve.double.mp@parliament.uk
george.eustice.mp@parliament.uk
scott.mann.mp@parliament.uk
sheryll.murray.mp@parliament.uk
sarah.newton.mp@parliament.uk
derek.thomas.mp@parliament.uk

Please write to the Boundary Commission

Even though the Boundary Commission does not have the power to make recommendations to protect Cornwall’s historic border, we also need to swamp them with letters and other representations showing that a cross-Tamar seat is not appropriate.

Please send correspondence to:

Boundary Commission for England, 35 Great Smith Street, London, SW1P 3BQ and / or information@boundarycommissionengland.gov.uk.

The Boundary Commission has also set up a new website through which people can comment on the proposed new constituencies. This can be found at:www.bce2018.org.uk.

There will be plenty of opportunities to make your views known. There will be an initial 12-week consultation, which started on 13th September, and a public hearing will be held in Cornwall on 10th and 11th November in Truro. There will then be a secondary consultation on representations received. Once the Boundary Commission has reviewed the evidence it will produce further reports in advance of a further eight-week consultation on its final proposals.

But the key message must be that we request the Boundary Commission supports our calls for the Parliamentary Voting System and Constituencies Act to be amended to Keep Cornwall Whole.

And here are some key arguments that you can use in your letters and emails ...

Cornwall is a Celtic nation with its own distinct identity, culture and language – just like Scotland and Wales. The border between Cornwall and England has been in place since the early tenth century and should have been respected by the Parliamentary Voting System and Constituencies Act, just as the borders between England & Scotland and England & Wales are reinforced by the legislation. Cornwall also has a unique constitutional position which sets it apart from the rest of the United Kingdom.

Following the Parliamentary Voting System and Constituencies Bill becoming an Act in 2011, central government bowed to years of pressure and recognised the Cornish as a national minority (April 2014) through the Framework Convention for the Protection of National Minorities. Central government stated that: “The decision to recognise the unique identity of the Cornish, now affords them the same status … as the UK’s other Celtic people, the Scots, the Welsh and the Irish.” But the Act is in conflict with the Framework Convention which, as well as protecting the culture and identity of national minorities, also seeks to protect the political integrity of territories associated with such groups.

In the Parliamentary Voting System and Constituencies Act, the territories of other national minorities within the United Kingdom (Scotland, Wales and Northern Ireland) are not breached and it is therefore illogical that the same safeguards should not be applied to Cornwall.

Cornwall is not seeking to be over-represented in the Westminster Parliament. In December 2015, Cornwall’s electorate was 392,223, while that of the Isles of Scilly was 1,651, making a total of 393,874. If Cornwall had five seats, the average electorate would be about 78,775, which is extremely close to the top end of the Government's own range of between 71,031 and 78,507 electors per seat.

It would also be relatively simple for central government to do amend the Act. Only a few months ago, the Government agreed “emergency” legislation to extend the deadline for people seeking to register to vote in the referendum on the European Union following the failure of the Government’s registration website. The Government could likewise deliver a simple amendment to the Parliamentary Voting System and Constituencies Act, to respect the Framework Convention and Keep Cornwall Whole.

And watch out for the protest coming up on 30 October ...

My latest letter to Chris Skidmore on Devonwall

Last Saturday, I received a letter from the Minister for the Constitution, Chris Skidmore, following representations I made on the likely imposition of a Devonwall seat. I have today responded with a further letter to him.

The letter was as follows.

The Parliamentary Boundary Review; Cornwall and the implications of the Framework Convention for the Protection of National Minorities
Thank you for your response, dated 15th September, to my letter, dated 18 August, about the present review into parliamentary boundaries and the proposed creation of a cross-Tamar "Devonwall" seat. You will recall that (i) I requested central government amend the Parliamentary Voting System and Constituencies Act (The Act) in order ensure that all Cornish constituencies would lie entirely within the boundaries of Cornwall (and the Isles of Scilly), and (ii) brought your attention to the Framework Convention for the Protection of National Minorities, through which the Cornish have been recognised since April 2014.

I have to say that I was very disappointed with the nature of the reply and your assertion that “the Government does not believe it should now seek to change the rules that the Boundary Commissions must apply when proposing new constituency boundaries.”

I would request that you look again at the issues raised in my original letter and, in addition, I would ask that you also consider the following:

Framework Convention for the Protection of National Minorities

I note that in your response to my original letter, you stated that “this matter was debated at length by Parliament in its consideration of the legislation.” But there has been a significant shift since the Act was agreed in 2011.

This was, of course, the landmark decision of central government to recognise the Cornish people through the Framework Convention for the Protection of National Minorities, when the official governmental press release stated that “the decision to recognise the unique identity of the Cornish, now affords them the same status … as the UK’s other Celtic people, the Scots, the Welsh and the Irish.”

As well as protecting the culture and identity of national minorities, the Framework Convention also seeks to protect the political integrity of territories associated with such groups.

It remains our view, therefore, that the legislation which guides the Boundary Review is in conflict with the spirit and intent of the Framework Convention, and the Act should be revisited in order to address that conflict.

In the Parliamentary Voting System and Constituencies Act, the territories of other national minorities within the United Kingdom (namely the Scots, the Welsh and Northern Irish) are safeguarded and no seats can be proposed which would cross the land borders between England and Scotland or England and Wales. It is therefore illogical that Cornwall – the territory of the fourth national minority – is not treated in the same manner.

It concerns us that, having recognised that the Cornish through the Framework Convention, the UK Government is failing to meet its obligations with regard to the various articles in the document. Indeed, the likely imposition of a Devonwall seat is a stark manifestation of this neglect

Please take the time to review the significance of the Framework Convention, how it should impact on government policy and, in particular, how it relates to the Boundary Review. We are confident that you will come to the conclusion that the Act needs to be amended to safeguard the territorial integrity of Cornwall, and we would formally request that you promote this course of action.

Fair and equal representation

In your reply to my original letter, you stated that the Government was “committed to fair and equal representation" and wanted to "make sure that everyone's vote carries more equal value."

But with respect, the decision to except four constituencies from the ruling that "all constituencies are to be within 95 per cent to 105% of a single United Kingdom electoral quota" (71,031 and 78,507 electors) does somewhat undermine the central tenet of this argument and the original legislation.

From our perspective, we do not understand how central government can allow the Isle of Wight to have two seats with 52,180 and 52,268 voters respectively but, at the same time, choose not to protect the historic nation of Cornwall.

We would consider it fair and equitable for Cornwall to be treated in the same manner as Northern Ireland, Scotland and Wales, befitting of the Framework Convention.

It is also the case that we are not arguing that Cornwall should be over-represented in the Westminster Parliament – only that our political representatives should serve whole Cornish constituencies. The Boundary Commission has confirmed Cornwall and the Isles of Scilly would be entitled to approximately 5.27 MPs based on an electorate of “just under 394,000” (as recorded in December 2015).

The reality is that the statistics show Cornwall’s electorate was 392,223, while that of the Isles of Scilly is 1,651, making a total of 393,874. If Cornwall had five seats, the average electorate would be about 78,775. This is ridiculously close to the top end of the Government's own range of between 71,031 and 78,507 electors.

We cannot fathom why central government – for the sake of such a slight numerical difference – would seek to breach Cornwall's thousand-year-old border, erase Cornwall from the political map, and go against its own commitment to the Framework Convention.

Please think again and act to keep Cornwall Whole.

The Boundary Commission

We are also disappointed that, in your letter, you stated: “The Boundary Commission for England has published its initial proposals for the new parliamentary constituencies and there is now a public consultation on them, which will provide an opportunity for representations to be submitted on the proposed boundaries."

The recommendations include a Devonwall seat, but in correspondence with Cornwall Council the Boundary Commission has made it clear that, while they sympathise with the concerns of the residents of Cornwall, they are bound by the Act and cannot propose Cornwall-only seats.

In particular, they told the unitary authority that: “The decision on the rules under which the BCE operates is for the legislature to make … We have no power, nor discretion, to act otherwise. The Commission is not an advocate or critic of the rules Parliament has set, nor a lobbying body that will take a view on those rules as they exist now. You will understand that the Commission has been tasked with a statutory role and it will complete that within the rules Parliament has set."

The reality is that you, as the Minister, have the power to intervene to prevent the creation of a Devonwall seat by modifying the Parliamentary Voting System and Constituencies Act. Please do what is right for Cornwall.

“We are stronger when we recognise our different regional and cultural differences and celebrate them”

When the announcement was made in 2014 that the Cornish were to be protected by the Framework Convention, David Cameron stated that the United Kingdom was "stronger" when its different regional identities were recognised.

The former Prime Minister told the media that: “There is a distinctive, history, culture and language in Cornwall which we should celebrate and make sure is properly looked after and protected. It is a very special part of our country and I think we are stronger when we recognise our different regional and cultural differences and celebrate them."

It is our hope that you will look to live up to the fine words of David Cameron and deliver a simple amendment to the Parliamentary Voting System and Constituencies Act, in order to respect the Framework Convention and Keep Cornwall Whole.

We look forward to hearing from you and would welcome the opportunity to make further representations if that would be helpful.

The Boundary Commission view on the Parliamentary Voting Systems and Constituencies Act 2011

Cornwall Council received a letter from the Boundary Commission for England in July, which clearly sets out why the priority from the campaign against Devonwall must be representations to central government seeking modifications to the Parliamentary Voting Systems and Constituencies Act 2011.

For everyone's information, the relevant section in the letter is as follows:

"The Boundary Commission for England (BCE) is an independent and impartial advisory non-departmental public body. It is bound by statute (the Parliamentary Constituencies Act 1986, as amended (the Act)) to conduct a review of all Parliamentary boundaries in England every five years. The current review, which began in February 2016, will be reported to Parliament (through the Secretary of State) in September 2018 - it is therefore known as the 2018 Review of Parliamentary boundaries.

"In conducting the review and making recommendations to Parliament, the Commission is statutorily obliged to adhere to the rules set out in the Act. One of these rules - a non-discretionary one - states that the number of electors in every constituency we recommend (with two exceptions - see below) must be within 5% of the average number of electors across the UK (for the 2018 Review, this means every constituency must contain between 71,031 and 78,507 electors). As you acknowledge in your letter... one consequence of this statutory rule is that the electorate of the County of Cornwall and the Isles of Scilly is such that one cannot allocate a whole number of constituencies to it; you rightly state that it is therefore inevitable that at least one constituency will combine parts of Cornwall with parts of Devon.

"The decision on the rules under which the BCE operates is for the legislature to make. When passing the most recent legislation that amended the Act and its rules (in 2011), Parliament decided to exempt two English constituencies from the statutory rule relating to the number of electors in each constituency - those covering the Isle of Wight. The Commission is therefore not bound by this rule when making recommendations for the Isle of Wight. This is the only area in England where the Commission can legally make recommendations for constituencies that contain more or fewer electors than those figures set out above. We have no power, nor discretion, to act otherwise. The Commission is not an advocate or critic of the rules Parliament has set, nor a lobbying body that will take a view on those rules as they exist now. You will understand that the Commission has been tasked with a statutory role and it will complete that within the rules Parliament has set."

Initial response on Devonwall from Government Minister Chris Skidmore

I have today received a response from Chris Skidmore MP, Minister for the Constitution, to a representation I sent to him in August about the Boundary Review. I had formally requested that he make an amendment to the Parliamentary Voting System and Constituencies Act to safeguard Cornwall's territorial integrity. I made specific reference to the importance of the Framework Convention for the Protection of National Minorities.

Sadly, but not unsurprisingly, the reply is less than helpful and he ignores the significance of the FCPNM. The text of the letter is as follows:

"The Government is committed to fair and equal representation for voters, and updating the historical constituency boundaries will make sure that everyone's vote carries more equal value. Under the Parliamentary Voting System and Constituencies Act 2011, which was agreed in the last Parliament, all constituencies are to be within 95 per cent to 105% of a single United Kingdom electoral quota, with the exception of four island constituencies - two in Scotland (Orkney and Shetland, and Na h-Eileanan an Iar) and two in England (Isle of Wight). I am aware that it has been argued that other geographical areas should be treated as a special case and be included in the list of protected areas. However, this matter was debated at length by Parliament in its consideration of the legislation. The Government does not believe it should now seek to change the rules that the Boundary Commissions must apply when proposing new constituency boundaries.

"I note that you have explained that Cornwall has now been included in the Framework for the Protection of National Minorities (sic). However, the Government considers that equality and fairness must be the overriding principles when the Commissions carry out boundary reviews. For something as important as the right to choose the Government of the day, it is important that votes carry a more equal weight across the country. For this to be the case between, as well as within constituencies, each must contain an approximately equal number of electors.

"The current boundary review should, therefore, take its course in line with the legislation agreed by Parliament. It is for the independent Boundary Commissions to make recommendations, weighing the factors in legislation. The Boundary Commission for England has published its initial proposals for the new parliamentary constituencies and there is now a public consultation on them, which will provide an opportunity for representations to be submitted on the proposed boundaries."

I will be writing a response over the weekend, which I will also post on this blog.

Cornish Nation no. 73 … out now!

Mebyon Kernow has just published its latest edition of Cornish Nation magazine, which is in the process of being sent out to all party members.

It includes features about the Man Engine, MK’s ongoing call for greater Cornish recognition, our opposition to the cuts to Cornish language funding, a tribute to Stanley Tregidga, numerous news updates and much, much more.

Anyone who would like a complimentary copy of the magazine – either as a pdf or in hard copy – can request one from me at dickcole@btinternet.com.