“(1A) A resolution moved under subsection (1)(a) must state whether the voting age at the proposed referendum is to be 16 or 18.”
The Parliamentary Under-Secretary of State, Wales Office (Baroness Randerson) (LD)
My Lords, during the passage of the Wales Bill through this House, many noble Lords pointed to the numbers of young people who registered to vote in the recent referendum in Scotland as a great example of how young people want to get involved in the political process. Noble Lords also expressed the opinion that it would therefore be unfair for young people in Wales to be treated differently from their counterparts in Scotland in the referendum on income tax powers for which this Bill provides. I therefore committed on Report to bring forward amendments at Third Reading to allow the Assembly to decide whether 16 and 17 year-olds should be able to vote in an income tax referendum.
These government amendments provide that when a resolution to hold a referendum on income tax powers is moved in the Assembly, the Assembly must state, as part of that resolution, whether the voting age is to be 16 or 18 for that referendum. Let me be clear: we are not devolving the competence over the franchise in Wales to the Assembly. The franchise will remain solely within the power of Parliament. What we are doing is allowing the Assembly to make a decision in relation to an income tax referendum provided for under this Bill.
The amendments set out that if the Assembly resolves that the voting age in the referendum is to be 16, the resulting order to be laid by the Secretary of State must also provide for the creation and maintenance of a register of young voters. Many 17 year-olds will already be on the register of local government electors as attainers; that is, those who would reach the age of 18 before the creation of the next register, each 1 December. They would not be moved onto this new register of young voters but would still be able to vote in the referendum. This is because eligibility is based on being on either the register of young voters or the register of local government electors. In short, if, come the day of the referendum, the only thing that would stop you from voting in an Assembly election on that day is that you are 16 or 17, you would be eligible to vote in the referendum.
Of course, the voting age at an income tax referendum would be a matter for the Assembly to decide on when it triggers the referendum. At the moment, the Welsh Government have yet even to commit to holding such a referendum. I again urge Welsh Ministers to do so at the earliest opportunity. I have made no secret of the fact that I personally believe that lowering the voting age might help to reinvigorate our democracy. Many of those who spoke in the Assembly debate on this issue on 24 September also support reducing the voting age and would hope that, if and when the time finally comes to hold a trigger vote, Assembly Members will look at how much the debate on the Scottish referendum was invigorated by the number of 16 and 17 year-olds who became involved and would vote therefore accordingly. I therefore ask noble Lords to support these amendments. I beg to move.
Lord Tyler (LD)
My Lords, I am delighted to speak in support of Amendments 1 and 2, which I and my colleagues have signed. I want to pay tribute to my noble friend the Minister and her officials for the patience, persistence and professional care with which they have managed to perfect these proposals after so much discussion and improvement in meetings since I first raised the issue at an early stage of our consideration of the Bill. I am confident that we are now well on our way towards this timely reform. I cannot believe that anyone in the other place, or indeed anywhere else, will stand in its way. It would surely be a brave reactionary—even a foolhardy one—who would now claim that Welsh young people are less mature, well informed and well intentioned than their Scottish counterparts.
I have heard mutters that this is the thin end of the wedge. That is not so. The wedge was firmly implanted by the record number of 16 and 17 year-olds who not only registered to vote in their thousands, but then on 18 September ignored the blandishments of the separatists and voted to stay in the United Kingdom. We should recall that all UK parties endorsed the Edinburgh agreement which introduced this simple reform. I observed during the Report stage of this Bill:
“It would surely be constitutionally improper, in what has now been reinforced as a United Kingdom, to differentiate between the basic civic rights and duties of citizens here, simply on their area of residence. If, as I believe, the franchise is the foundation stone of our representative democracy, discrimination on that basis must surely be totally unacceptable”.—[Official Report, 11/11/14; col. 158.]
As my noble friend said, it will now be for the Welsh Assembly to complete the process. I am sure that this will prove uncontroversial since a substantial majority of Assembly Members have already declared their support. In the debate of 24 September, to which my noble friend referred, the Conservative spokesperson, Andrew Davies AM, said that:
“My group has a free vote on this particular issue, because there is no party line on whether there should be votes for 16 and 17-year-olds”.
Julie Morgan AM from the Labour Party said that it was encouraging and quite inspiring to see 16 and 17 year-olds involved in the Scottish referendum. The debate was led by my Liberal Democrat colleagues in the Assembly, who committed themselves there and subsequently, but perhaps even more significant was that the Minister, Jane Hutt AM, said that,
“we support the lowering of the voting age to 16”.
The outcome of that debate, held just two months ago and just after the Scottish vote, was 41 to 11 in favour of this reform. It is now surely unthinkable that any future referendum with equally long-term implications for the country and its citizens could be permitted to lapse back into the pre-2014 limited franchise. Whether that is on UK membership of the EU or any similar major decision, these young people have now earned the right to have their say.
This is a triumph for those who have worked so hard for so long to achieve this reform. The recent Youth Select Committee deserves special mention for its authoritative report, published just a few days ago, which carefully weighs the arguments. But the final and conclusive credit must go to the 110,000 young people in Scotland who showed by their actions that they were ready to take on this responsibility as fully adult citizens of the United Kingdom. I am delighted to support my noble friend.
Lord Bourne of Aberystwyth (Con)
I am sorry. The noble Lord should speak only once in this debate and we have not dealt with the amendment yet.
Baroness Randerson
My Lords, I thank all noble Lords who have spoken in this debate, and indeed throughout the numerous debates we have had on the Bill. My noble friend Lord Tyler started his response on this amendment by pointing out that all parties endorsed the agreement that led to votes at 16 in Scotland. I make it clear that I strongly appreciate the work that my noble friend has done over a very long period to raise awareness of, and develop a campaign generally on, votes at 16.
The noble Lord, Lord Wigley, made the point that he would have preferred there to be wider powers for votes at 16, but he will understand that this question is best considered as part of the devolution of further powers to the Assembly, which is something which is being considered at this time, with a view to agreement and announcements by St David’s Day. He also asked about the precedent for future referenda. These amendments deal with the referenda provided for in the Bill. There are no further referenda planned in Wales. I point out to the noble Lord that the Welsh Government have not yet committed to this referendum. My view is that we should get this one out of the way first before thinking of further referenda.
My noble friend Lord Crickhowell referred to the ad hoc approach on this. I believe that our general approach to the devolution of further powers for the Assembly overcomes this problem. The noble Lords, Lord Cormack and Lord Empey, also referred to the way in which the decisions were being made on votes at 16. There has been a response to the success of the votes at 16 in Scotland. There will be a full analysis of the impact of that in due course, but the success in Scotland has certainly sparked debate. Given the points that the noble Lord, Lord Morgan, made about the way in which we make constitutional decisions in this country, it is important that there is considerable public debate on this. One could say that that debate has started in Wales, in general terms, with the debate that was held in the Assembly in which an overwhelming majority of Assembly Members supported votes at 16.
The important thing is that the Wales Office and my right honourable friend the Secretary of State for Wales are leading on the four-party discussions, in which the options for the future of devolution in Wales are being considered—the reserved powers model and the scope of any additional powers. That will include, for example, the devolution of powers over election arrangements. I believe that we are embarking on a period of considerable reflection and debate on the nature of our democracy in the UK as a whole, but we have already taken steps to ensure that that debate takes place in Wales. In line with the commitment made by my right honourable friend the Prime Minister on 19 September, we have made sure that Wales is at the heart of the debate on devolution.
My noble friend Lord Crickhowell asked two questions. One was related to the Electoral Commission’s concern about time constraints. I point out to him that the detail in the amendment ensures that time would be available in practice to assemble the electoral register required. The details in the amendment are based on a franchise Act of the Scottish Parliament. The Bill, as amended, will allow for 180 days for the Secretary of State to lay the order, plus the time that it would take to pass through both Houses of Parliament and the Assembly. There would be a pre-election period as well. If one takes all those periods of time together, they come to approximately seven months, which is the time that the Electoral Commission recommends for new legislation of this type. We believe that there is sufficient time to amass the register as required. My noble friend also asked about resources for awareness raising and so on. I assure him that we are well aware of the resource implications of this.
Lord Anderson of Swansea (Lab)
On that point, clearly local authorities are subject to considerable constraints. To be “well aware” of the resource implications begs many questions, such as: what are the resource implications? What discussions have there been already with the relevant authorities and are the Government satisfied that this can be done without taking on any extra staff?
Baroness Randerson
I did not say to the noble Lord that this would be possible without taking on additional staff. It is important that the views of the Electoral Commission have been communicated to noble Lords because it is obviously involved in the discussions. The Assembly has made its views very clear on this and there are resource implications from its perspective as well because, as several noble Lords have made clear today, it is important to bear in mind that there has to be a period of awareness raising and education as well as the sheer issue of assembling a register.
Lord Elis-Thomas (PC)
The Minister is absolutely right. The National Assembly has resources in the Assembly Commission to promote its own activity, promote democracy generally and promote a particular referendum as we did prior to the previous referendum, which ensured that we have now proper law-making powers. I am certain that the present Assembly Commission will take the same positive view. Indeed, at an event that was part organised by the Assembly Commission last week, a vote was taken on this matter by young people. The young people were in a majority—a small majority—for generally reducing the voting age to 16.
Baroness Randerson
The noble Lord brings information from the front line, if I can put it that way, in far more detail than I could have provided to your Lordships. The noble Lords, Lord Rowlands and Lord Richard, asked detailed questions about the numbers of young people who voted in Scotland and the turnout. The turnout of 16 and 17 year-olds was remarkably high. It is my recollection that it was slightly lower than among the older sections of the population but it was remarkably high. I refer noble Lords to the fact that the Electoral Commission is, at this moment, undertaking a detailed study of the impact of the votes of 16 and 17 year-olds in Scotland. That report will be published in the relatively near future and I would recommend it as very important reading for those of us who are interested in these issues.
Lord Rowlands
Can the Minister tell us how many 16 and 17 year-olds there are?
Baroness Randerson
I will have to write to the noble Lord on that issue because if I were to venture a figure, I fear I might mislead him, and it is important that I am completely accurate on that.
My noble friend Lord Roberts asked about the further devolution of the rail franchise announced last week. His question pointed to the difference between Wales and Scotland in the nature of their borders. He referred to the fact that the rail line between north Wales and south Wales goes across the border from Wales to England and back again. I will write to him with the details of last week’s agreement. I can assure him that the issue has been taken fully into account in the discussions between the two Governments. I will ask the Electoral Commission to write to the noble Lord with the details of the 22 electoral returning officers in Wales.
The noble Lord, Lord Elystan-Morgan, considered the issue of the maturity of young people now compared with 40 years ago. It is important to bear in mind that young people consider rather more strongly that they should have a say in the way their lives are run than was the case a long time ago. My noble friend Lord Cormack talked about the variable age of majority. I would say to him that there has always been a variable age of majority in this country. One could argue that some ages of majority are not entirely consistent with some others. It has always been the case that one could, for instance, join the Army younger than when you could get married without your parents’ consent. There are therefore different approaches to different aspects of life. Perhaps that is something else on which we need to have a consistent and long-term debate, but that has been the state throughout the whole of my life and, I dare say, we will not resolve that debate in the near future.
The noble Baroness, Lady Gale, referred to the signatures on the amendment. I tabled the amendment and three noble Lords exercised their right to add their names, as is the custom in this House. They had signed the original amendment. I would have strongly welcomed the noble Baroness adding her own name because one of the things signifying the tone of debate on the Bill has been cross-party consensus.
Baroness Gale
I was trying to point out to the Minister that there is cross-party support for the amendment, which could have been reflected in the signatures if I had been allowed. I am not sure whether I would have been allowed as it is a government amendment. However, I think the Minister will accept that there is cross-party support for the amendment.
Baroness Randerson
I wholeheartedly recognise that there is cross-party support but repeat that this is a government amendment to which three people added their names. It would have been in the hands of the noble Baroness to add her name if she had wanted to.
Finally, I thank the noble Baroness, Lady Morgan, for the way in which she has expressed her appreciation for our efforts here today. She made the point that the Bill is already rather out of date. I would say to the noble Baroness that the fact that we are already planning, working on and discussing a future Bill indicates that this is a developing process.
Before I sit down, I should like to thank all those who have participated in our debates on the Bill. It has been a personal pleasure for me to steer a Bill through your Lordships’ House to devolve new powers to the Welsh Assembly and Welsh Ministers. “Historic” is a word that is sometimes overused in political debate, but I believe we can justly claim that the devolution of fiscal powers to the Welsh Assembly for the first time is an historic step forward. Although some noble Lords have expressed frustration at the pace of devolution, if we look back, we can see that Welsh devolution has come a long way in 15 years. Our debates have reflected the gathering momentum for further change. The Government are committed to ensuring that Wales remains at the heart of the development of devolution. My right honourable friend the Secretary of State and I are committed to publishing a framework for a reserved powers model of devolution by St David’s Day with—and I emphasise this—cross-party support.
I am pleased that the Government have been able to listen and respond to the views of noble Lords on two key issues during the Bill’s passage: first, on the lock-step mechanism for income tax and, secondly, on the referendum voting age, which we have just been discussing. I believe it is a better Bill as a result. At its heart, this is a Bill about accountability. It will provide the Welsh Government with the tools to help to build a stronger economy and a fairer society in Wales. For the first time, the Welsh Government will have the power to raise some of their own revenue, making them accountable to the people of Wales not just for spending, but for raising money as well.
I look forward to seeing how the Welsh Government capitalise on the opportunities we are giving them and once again urge them to call an income tax referendum as soon as possible. I thank my noble friends Lord Newby and Lord Bourne for their support and assistance with the Bill. The expertise of my noble friend Lord Bourne has been extremely useful in view of the fact that we have discussed the Silk commission on so many occasions. He was, of course, a member of that commission.
This is a short Bill but it has benefited from the expertise of officials from a number of departments: the Wales Office, the Cabinet Office, Her Majesty’s Treasury, HMRC and the DWP. It has been a pleasure to work with them on the Bill. They have been assiduous and endlessly prepared to give their time to assist me and support the many meetings I have held with noble Lords, both as individuals and in groups. I thank them for their assistance. I also thank the many noble Lords who have spoken in our debates. They have displayed a wealth of experience and understanding of devolution. I appreciate the willingness of so many noble Lords to give their time to attend a number of additional informal meetings that I arranged. I commend the amendments to the House.
Baroness Randerson
“1 (1) Where a referendum held by virtue of section 12(1) follows on from a youth franchise resolution, a person is entitled to vote in the referendum if, on the date of the poll at the referendum, the person—
(a) is aged 16 or over,(b) either—(i) is registered in the register of local government electors at an address within an Assembly constituency, or(ii) is registered in the register of young voters at such an address in accordance with provision made under paragraph 1A,(c) is not subject to any legal incapacity to vote (age apart) within the meaning of section 2(1)(b) of the Representation of the People Act 1983, and(d) is a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union (within the meaning given by section 202(1) of that Act).(2) Where a referendum held by virtue of section 12(1) does not follow on from a youth franchise resolution, a person is entitled to vote in the referendum if the person would be entitled to vote in a general election of Assembly members if one were held on the date of the poll at the referendum.
(3) For the purposes of this paragraph and paragraph 1A, a referendum held by virtue of section 12(1) “follows on from a youth franchise resolution” if—
(a) a resolution is passed by the Assembly under section 13(1) which states that the voting age at the proposed referendum is to be 16,(b) the First Minister complies with section 13(2) in relation to the resolution, and(c) as a result, a draft of the statutory instrument containing the Order under section 12(1) which causes the referendum to be held is laid in accordance with section 13(3)(a).(4) An Order under section 12(1) may include provision for disregarding alterations made in a register of electors or voters after a date specified in the Order and sub-paragraphs (1) and (2) are to be read subject to any such provision.
1A (1) Where an Order under section 12(1) causes a referendum to be held which follows on from a youth franchise resolution, the Order must make provision about the registration of young voters.
(2) That provision must include—
(a) provision for the preparation and maintenance of a register of young voters;(b) provision prohibiting the publication or other disclosure of that register, or any entry in it, except as provided by such an Order.(3) Provision made by virtue of sub-paragraph (1) may, in particular—
(a) apply or incorporate, with or without modifications, any enactment relating to referendums or elections;(b) make other modifications of any enactment relating to referendums or elections.(4) An Order under section 12(1) must make such supplementary, incidental or consequential provision (if any) as appears to Her Majesty to be appropriate for the purposes of, in consequence of, or for giving full effect to—
(a) any provision made by virtue of sub-paragraph (1), or(b) the entitlement of 16 and 17 year olds under paragraph 1(1) to vote in the referendum.(5) Provision made by virtue of sub-paragraph (4) may, in particular—
(a) make modifications of any enactment;(b) make transitory, transitional or saving provision. (6) For the purposes of sub-paragraph (3)(a), “enactment” includes the Scottish Independence Referendum (Franchise) Act 2013 (asp. 13).
(7) For the purposes of this paragraph, “young voter” means a person who—
(a) will be aged 16 or 17 on the date of the poll at the referendum, and(b) is not registered in the register of local government electors at an address within an Assembly constituency.”
Lord Elystan-Morgan
My Lords, perhaps I may say how much I appreciated the tenor of the Minister’s remarks a few moments ago. It has indeed been rather revolutionary in the history of the land and nation of Wales that there should have been so much compromise, understanding and unity in relation to very many matters. We as a people in Wales have a reputation of fissiparous disaffection of a general nature, and nobody could gainsay that, but it may well be that with this Bill—in both Houses but particularly in this House and particularly due to the attitude of the Minister—we have shown a different approach. It is a small but impactive Bill and I believe it to be of very great historical significance in so far as the constitutional situation of Wales as a land and nation is concerned.
I want to raise one matter, and that is the question of the relationship of the Bill to the undertaking given by the Prime Minister on 19 September—that cold morning which followed the heavy events in Scotland the day before. He said that,
“there are proposals to give the Welsh Government and Assembly more powers. And I want Wales to be at the heart of the debate on how to make our United Kingdom work for all our nations”.
Those were his exact words and they could mean a very great deal or nothing at all. If by “powers” one means the powers contained in this Bill, for which I wish Godspeed, then those words are utterly meaningless because they were spoken in the heady atmosphere of massive undertakings given to Scotland and weighty undertakings given to Northern Ireland. However, if in fact they referred to nothing more than this Bill, then they meant that no additional powers in relation to Wales were contemplated than existed at that moment—in other words, there was no addition to the status quo. In my view, that would be a very unsatisfactory situation. At best, it would be misleading. It would mean that there was a negligent misrepresentation, to use a technical legal term, on the part of the Government. At worst, it would mean something much more serious than that.
For a number of reasons, I do not for a moment impugn the Prime Minister of any lack of integrity in this matter. First, this was an ex cathedra statement—not something that had been cobbled together in the wee small hours of the morning of 19 September but probably something that had been prepared a long time before when it was anticipated in the months preceding the referendum that the result might be much more clear cut than it was. Secondly, the second part of the statement reads:
“And I want Wales to be at the heart of the debate on how to make our United Kingdom work for all our nations”.
If no further devolution of a substantial nature were contemplated in relation to Wales, how could that possibly have any relevance whatever? It seems therefore that, with one additional factor, the Government must be contemplating powers well beyond those that we are considering in the context of this Bill. If a Cabinet committee is set up to consider the situation in relation to Scotland, Northern Ireland and Wales, and to report in January 2015 on the whole question of constitutional development, if there was to be no constitutional development in Wales, what would be the point of including Wales in such an arrangement?
Lord Thomas of Gresford
My Lords, I have been talking about devolution and independence with the noble Lord, Lord Elystan-Morgan, since around 1962 when we were both solicitors in Wrexham. Indeed, I even voted for him in 1964 when he was a Plaid Cymru candidate. The noble Lord, Lord Elis-Thomas, will be interested to know that. Thereafter we developed our ideas on devolution and it was those ideas, which we produced in 1967 in a Bill in the House of Commons and here that was taken up and considered by the Kilbrandon commission, to which I gave evidence. I say all this because of the history that everyone has been giving.
This Bill is just a step; it is not the end. I notice today that the Glasgow Herald says that the intention of the Smith commission is to introduce votes at 16 for the next Scottish Parliament elections. If that happens in Scotland, I am sure it is going to happen in Wales. Similarly, it has been said that Scotland may very well be looking for an airport tax. If that happens in Scotland, to the delight of the noble Lord, Lord Rowe-Beddoe, it will necessarily come to Wales as well. There are further steps to be taken before we have the complete and satisfactory home rule that the noble Lord and I dreamed of over 50 years ago.
Baroness Randerson
My Lords, I shall respond briefly to the salient points that have been made in this, our last debate. The noble Lord, Lord Elystan-Morgan, referred to the words of the Prime Minister. Perhaps I may point out to him the solid steps that have been taken since 19 September. The Cabinet Committee has been established under the chairmanship of William Hague. The Secretary of State is of course a member of that committee and, indeed, I attend as well when Wales is being discussed. I would also point to the establishment of cross-party discussions here in Westminster. My right honourable friend the Secretary of State will also be in discussions with the leaders of the Assembly groups. We have made the announcement which has been referred to on numerous occasions in our debates of the date of 1 March, St David’s Day, by when we expect to have resolved the issues to a sufficient extent to be able to produce a reserved powers framework for future legislation in respect of Wales. That will deal with the proposals for additional powers in Silk 2, in so far as there is cross-party agreement relating to the size of the Assembly. Silk 2 was accepted by the Deputy Prime Minister in his role of leader of his party. The long-standing devolution credentials of the noble and learned Lord, Lord Morris, are well known and respected by this House. The recent Supreme Court judgment has made it imperative that the issue of the reserved powers model is dealt with.
Lord Wigley
The noble Baroness touched on Silk 2 and the fact that, in Wales, we had a remarkable cross-party agreement in the Silk commission to deliver it. A lot of parties compromised to reach that agreement. Can we be assured that there will not now be further compromise? The compromise has already taken place, the Government have a unanimous report and Wales expects it to be enacted.
Baroness Randerson
It does not, of course, lie in my hands whether there is compromise. It is an issue for the four parties within Wales. I strongly agree with the noble Baroness, Lady Morgan, who has made clear that the devolution debate has changed. It has gathered force and moved on since Silk 2 was published. I join the noble Lord, Lord Elis-Thomas, in being delighted at the end of the concept of WAG. I always regarded this as an unfortunate acronym of the Welsh Assembly Government. My noble friend Lord Thomas made the very important point that the Bill is just a step. I say to noble Lords who make me feel like a newcomer that I have only been campaigning for devolution in Wales since 1979.