Business of the House

Debate between Baroness Hayter of Kentish Town and Lord Strathclyde

Thursday 4th April 2019 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, unconventional times call for unconventional measures. What are these times? The country faces the possibility of an exit from the EU without a deal; a disorderly exit that nobody wants. The Prime Minister does not want it, business and the CBI do not want it, the TUC does not want it, the House of Commons does not want it, and your Lordships’ House voted against a no-deal exit by a majority of 169. But the eventuality remains a risk, as we are constantly reminded, because that is the default legal outcome unless something else happens. That legal default—a crash-out no deal—would mean no transition period, the immediate introduction of tariffs, complete uncertainty for British citizens living in the EU 27, no European arrest warrants, security concerns and dire consequences for industry, to say nothing of the implications for Gibraltar or the island of Ireland.

We have received a Bill from the House of Commons that makes something else happen, and we are about to give it a First Reading. It would ensure that there is a legal requirement on the Prime Minister to seek an extension to the Article 50 period to prevent that default legal outcome coming to pass. However, the Bill, passed by the elected House, can have effect only if we deal with it today, so that it can receive Royal Assent in time for the EU Council to consider the application for an extension. To fulfil our duty to deal with a Bill sent by the Commons, we have to handle it today.

This is in compliance with the view of your Lordships’ House on 28 January, when we called on Her Majesty’s Government to take all appropriate steps to ensure that sufficient time be provided for this House to ensure the timely passage of legislation necessary to implement any proposition that had commanded the support of the majority of the House of Commons. That Motion was passed with a majority of 152.

The Commons has passed this Bill. It has expressed a clear view that no deal is unacceptable and that the situation is urgent. Regrettably, the Government failed to honour that Motion published by your Lordships. They should have tabled the Motion I am about to move, to facilitate and expedite the will of the elected House. Today, the Government still will not listen to the Commons—or to this House, which has voted to facilitate any Bill from the Commons. That is not leadership. The Government have lost the support of the Commons, and now refuse to follow your Lordships’ Motion.

[Lord Strathclyde (Con)]

My Lords—

[Noble Lords]

Sit down!

--- Later in debate ---

[Lord Strathclyde]

My Lords, the noble Lord, Lord Empey, has spoken with a good deal of sense. My understanding is that the usual channels had formally agreed to finish this Bill on Monday, and that that arrangement was withdrawn yesterday. The noble Baroness is shaking her head. I have 19 years’ experience of dealing with process and procedure in this House. One abiding rule is that once you do not involve the usual channels, it all goes wrong. That is exactly what has happened today.

I know the noble Baroness is about to speak. Can she explain why it is so urgent that we sit virtually all night to pass this Bill? We could do what all the precedents set have done, and have the Second Reading today and finish the remaining stages at the beginning of next week, asking the usual channels—the noble Lord, Lord McAvoy, and my noble friend the Government Chief Whip—to organise it. That would get rid of the nastiness that the noble Lord, Lord Empey, referred to. It would make for a far more rational debate, and the Bill would be completed—I recognise there is a majority for the Bill in this House—in plenty of time for whatever else happens next week.

[Baroness Hayter of Kentish Town]

My Lords, we are actually dealing with the amendment on whether we should have a committee report. I draw the attention of the House to the speech Mr Steve Baker gave late last night in the Commons. I do not know why I should pick on him at this particular moment—

Parliamentary Voting System and Constituencies Bill

Debate between Baroness Hayter of Kentish Town and Lord Strathclyde

Monday 20th December 2010 Lords Chamber

[Lord Strathclyde]

My Lords, I do not agree with that; this is a United Kingdom vote on an electoral system for the United Kingdom Parliament. If the majority of those taking part in a referendum vote “yes”, is it not right that Parliament accepts that result and carries on? That seems to be the fundamental position and it is why we resist the amendment, as we have resisted other amendments made here and in another place. We think that if we introduced these thresholds, they would have undesirable consequences, compromising public confidence in the legitimacy of the outcome. We want to respect, without conditions or qualifications, the will of the people who vote in the referendum, and I believe that a simple majority is the fairest way of doing so. I therefore urge the noble Baroness to withdraw her amendment.

[Baroness Hayter of Kentish Town]

My Lords, I thank noble Lords for all their interventions, which have given me an interesting history lesson—particularly for 1978. Earlier, the other Cunningham—my noble friend Lord Cunningham—was here, although I do not think that he is in his seat at the moment. Of course, the noble Lord, Lord McNally, played a different role in 1978, and each will have their memories of that referendum. We have also heard the history of my noble friend Lord Lipsey and me. He recalled that we met in 1970 but the date was actually 4 August 1970. We have heard stories of the misspent youth of my noble friend Lord Foulkes in Kentish Town, and even West Country lingo, which I shall not repeat in this House.

The essence of the debate has clearly been far more important than those personal recollections. One of the interesting questions was put by the noble Lord, Lord Mawhinney, who asked whether one vote was enough, to which the answer is clearly “yes”. Perhaps that is why Members of your Lordships’ House will have a vote in the referendum—because the Government may be dependent on every last vote. I always wondered why we suddenly got into that.

It has been said by my noble and learned friend Lord Falconer that neither House has come out in favour of AV. Indeed, as I think my noble friend Lord Howarth added, nor has any party come out in favour of it. The Labour Party never even discussed it. I was chair of the Labour Party at that time and it was the party in Parliament that first decided to have a referendum. However, the party as such has not taken a view on it. That is quite correct; it does not have to do so. Individual members’ views will be known but it will certainly not be a collective view.

I think my noble friend Lord Lipsey suggested that I was a dyed-in-the-wool supporter of first past the post due to having tabled this amendment. However, that is not the case. I marginally favour first past the post over AV but I can live with AV. I am a passionate supporter of the constituency link but of course that matter will not be in front of us today. However, I do not accept the allegation that I am doing this because I have a particular view on that. I do not think that this is a bizarre amendment, as the Leader of the House referred to it. Rather, as my noble friend Lord Howarth of Newport said, we should be sensitive to the sentiments of each of the four countries, especially if, in the voting, one of them is out of line with the others. We should respect the results in each of the four countries for this outcome to have legitimacy. That does not mean that we necessarily stop the train; it means that we have time to pause and consider, and really all that the amendment asks is for the Government and Parliament to have time to pause and consider.

This is not an amendment about thresholds. As most Members of the Committee will know, I tabled one such amendment last week. It was very modest, and in fact I was ticked off by some of my noble friends as it referred to only a 25 per cent threshold. However, that was last week and this amendment is different: it avoids the risk of an abstention counting as a “no” vote; it is about the result, not the turnout; and, as has been said, it bypasses any difficulties with the wording that the coalition may have. It is essentially, as the noble Lord, Lord Elystan-Morgan, said, an insurance against the irreversible change that the referendum might make. We could, of course, have different systems. I do not agree that just because it is one House there must be one system. I worked for a long time in the European Parliament where we had completely different systems that brought Members to the European Parliament. We lived quite happily with that result.

This amendment, therefore, is about having time to reconsider before the automaticity of the implementation happens. I hope that the Government are going to give some thought to this general view, whether it be a threshold on turnout, or outcome, or, indeed, looking at these four results.

Having failed, however, to win over even my own Front Bench I will, at this stage, beg leave to withdraw the amendment.

Parliamentary Voting System and Constituencies Bill

Debate between Baroness Hayter of Kentish Town and Lord Strathclyde

Wednesday 15th December 2010 Lords Chamber

[Lord Strathclyde]

My Lords, this useful little exchange has demonstrated why we rather oppose these thresholds on turnout or anything else.

Fundamentally, this is about turnout. The noble Lord, Lord Elystan-Morgan, said that the amendment was an insurance against the disaster of a low turnout, which noble Lords have said that they feared. Let me reassure the House. There are a number of reasons to believe that this will not be the case. Combining the referendum with other elections on 5 May will increase voter turnout. The campaigns in the run-up to the referendum will increase public awareness and people’s desire and interest to vote. Additionally, the work of the Electoral Commission in promoting public awareness about the referendum and the media coverage that the referendum will receive gives us reason to believe that the referendum will secure a very healthy turnout. Indeed, statistics from previous referendums in the UK show that turnout is on average about 50 per cent.

The Bill does not specify a voter turnout threshold since it is not necessary or desirable. We should listen to the overwhelming vote against this type of amendment that was cast by another place. I very much hope that the noble Baroness will withdraw her amendment and that other amendments in this group will not be moved.

[Baroness Hayter of Kentish Town]

My Lords, I have had an interesting lesson in politics tonight. I am growing up fast. I thank some of the speakers for part of that. I was made to feel very sheepish by the excellent research done by the noble Lord, Lord Lamont, on other jurisdictions and by the noble Lord, Lord Lawson, on the noble Lords who sat with him in another place. I have also had a few lessons on arithmetic and one on the continuity of effort by my noble friend who continues as chair of his local party. My noble friend Lord Howarth of Newport said that I was being “simply inadequate” about the 25 per cent threshold. The words “ridiculously small” came from the noble Lord, Lord Lawson, but I think the sentiment was the same.

We still find that, at the core of this, the “small premium” that could achieve insurance against the remote possibility of small turnout remains essential and a constitutional issue of great importance for this House to consider. Unlike the election of a government, it is effectively irreversible. We want as many people as possible to have bought into the change should it happen. The full-hearted consent was how somebody put it. It is interesting that, other than the Minister, the only opposition to this has come from the Liberal Democrats—a party that has the word “democrat” in their name. I find it interesting that they oppose this fairly minor bit of democracy of having a threshold. There should be a threshold because it is a decisive referendum. It is not an artificial barrier. Unlike my good friend George Cunningham, I cannot deliver a magnificent speech to persuade you all of that this evening. I hope that these discussions will continue. However, to allow that and further consideration, I beg leave withdraw this amendment.