(11 years, 11 months ago)
Lords ChamberApparently not. A number of people have pointed out that those in prison on remand retain the right to vote and a range of others who are incarcerated also retain the right to vote. The noble Baroness points out that those who are released, having served part of their sentence, can resume their right to vote. However, in the view of the court, that was not sufficient to clear the hurdle that it believed was implicit in the Article 3 responsibility. The committee will look at the issues. If there is a way that Parliament, particularly the House of Commons, can find favour with, we will take that solution forward.
My Lords, the Minister will be aware that the Scottish Parliament has more clearly delineated the relationship with the ECHR than this Parliament has. Can he give us some indication, particularly in the light of his response to the right reverend Prelate, on the timing of getting legislation through Parliament and what he thinks the implications of that would be for the referendum on Scottish independence, which is now less than two years away?
I do not want to speculate on that. I shall repeat what my right honourable friend said in the other place concerning the devolved areas and jurisdictions. This morning, he talked to the Scottish justice secretary, and to Wales and Northern Ireland, and the reason they were not in the original document was simply that we were not able to consult them in advance of publication. However, as this matter is taken forward, we want them all to be fully involved.
(13 years, 6 months ago)
Lords ChamberMy Lords, is the Minister aware that in Australia, in certain tightly fought constituencies, it can take two weeks to declare the result? Is that acceptable?
I often think that getting the right result is better than getting quick results. Even if it takes the Australians two weeks to get the right result, that is still the right way to do it.
(13 years, 10 months ago)
Lords ChamberThis is a piece of legislation for this Parliament. We are in contact with both the Scottish Parliament and the Welsh Assembly but we are bringing this Bill before this Parliament and I suggest we get on and do that.
My Lords, I am not seeking to make this an even more protracted discussion but the intervention of the noble Lord, Lord Snape, took me on another saunter down memory lane. One of the issues that confronted the referendum in 1979 was that some non-political players became involved in it—business leaders and trade union leaders—some of whom put a considerable sum of money into their own personal campaigns, taking on media advisers, et cetera. I am going to ask a question to which I do not know the answer. How would this legislation unscramble that kind of expenditure? You may well have someone intervening in the referendum campaign and, as a side swipe, having a go at a political party that was standing in that election in Scotland. This is about the disentangling of non-political players from the referendum campaign in terms of their expenses and the impact that this might have on the outcome. Sorry, it sounds very convoluted, but I can see it being a nightmare, particularly when election agents have to submit their election expenses.
The Electoral Commission has very clear rules. We have laws about electoral expenses. If there were those kinds of problems that the noble Baroness suggests, I am sure they would be challenged at the time. It might speed things up if people did not preface their interventions by assuring me that they were not trying to delay matters and just got straight into the question.
I am sorry to press the noble Lord further but I know of a scenario in 1979 where some business leaders became involved in the referendum campaign and put considerable sums of money towards it. I can see an actual situation emerging. I will not name the people here but I can think in my head who they would be and who would use it as an opportunity not to take a swipe at my party but to take a swipe at the noble Lord’s party. It is not clear in electoral law how those expenses will be allocated.
Could the noble Lord address something very specific that I suspect will happen? If a wealthy person domiciled in Monaco buys up all the billboards in Scotland for example as part of his or her campaign for or against the question in the referendum, what means are there of accounting for it one way or another? Is there a transparent way that it can be accounted for as the noble Lords, Lord Howarth and Lord Campbell-Savours, have asked? It is not a mischievous question—it is an issue that could arise.
Such expenditure would have to be reported to the Electoral Commission, and it would then be published. Actually, I will not bother with this advice. I have every confidence in my advisers but this would provoke another 10 interventions.
Will the noble Lord also take into account the fact that a general election was not held on the same day?
I have taken all those points in. Fortunately—and to my great pride—I do not remember some of the minutiae of the various campaigns in the same detail as my noble friend Lord Rennard. The Opposition can raise all kinds of hobgoblins and things that keep them awake at night but the truth is, as my noble friend has just reminded us, that the PPERA has worked well. The provisions in this Bill are tried and tested. I do not object to this legislation having thorough examination. As I have said, we are willing to spend as long as the Opposition want on this matter. In fact, we might have a few late nights to see if we can focus our minds on it. For the moment we are confident that we have the legislation in place. I ask the noble Lord to withdraw his amendment and for Clause 6 to stand part of the Bill.
I am a bit confused about something that the Minister said about the territorial responsibilities of the Lord President. Having been a Secretary of State for Scotland, I am not absolutely clear that that is the position. It might be helpful if the Minister could seek greater clarity from his inestimable advisers.
This is about the Lord President’s territorial responsibilities. With the ability of my friends opposite to become confused, I should never have intervened again. I am sorry, for it was a very bad mistake as the noble Lord was just about to withdraw.
(13 years, 11 months ago)
Lords ChamberOf course it was. I remember at Transport House the calculations of whether Harold should go in March when there was a new register or in October when it got old. Again, that has nothing to do with the Bill. As for the noble Lord, Lord Wills, I can see that the previous Labour Government, rather late in the day, brought in reforms. We intend to carry through some of those reforms to keep the register up to date but, again, it really is not central to the Bill.
On the question of the 600, if your Lordships would let me have a go and not try to work it out as if they were going to have constituents—I have not asked on this so it is just me working it out—if you are going to have constituencies of around about 75,000 with our electorate, I suspect that that comes to somewhere around 600. Perhaps one of your Lordships will get your slide rules out and tell me whether that is true. But what, in God’s name, was so important about 650, 640 or any of the other numbers? It is an obsession and, quite frankly, with the theories of the noble Lord, Lord Bach—
The noble Lord is very considerate but was it not the case that in the manifesto of the party that he supports, its figure was 500, while in that of the party he is in coalition with the figure was 585? Normally, the compromise is somewhere in the middle. How did it come out at 600?
Again, the coalition came to an agreement on a reform programme and it came to a figure which is entirely defensible, and which—
The noble Lord, Lord Campbell-Savours, is too pessimistic. At the heart of the Bill—and this is why the Labour Party, tonight and last night, have been so ingenious in trawling for red herrings—are two basic principles. We will have fair votes in fair constituencies. That proposal for fairly drawn constituencies takes out the distortions that we have seen previously; and gives us an opportunity to get rid of tactical voting and wasted voting, and give people a vote that carries real weight.
The noble Lord stresses fair votes and fair constituencies. Why, then, will he not allow people in those constituencies to put their arguments in a public inquiry?
I have just explained. They will have weeks of opportunities—massive opportunities. The Labour Party has suddenly resurrected the public inquiry to be some massive issue of principle when it knows as well as I do that public inquiries were often the cause of delays that left us with boundary commissions that were nine or 10 years out of date. But, as I say, we shall have plenty of time to—