Coronavirus Bill

Baroness McDonagh Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 25th March 2020 Lords Chamber

[Lord Scriven (LD)]

My Lords, my Amendment 2 is also in this group and I want to speak briefly to it. I start by drawing the attention of the House to my interest as a vice-president of the Local Government Association. Amendment 2 is a probing amendment—a very friendly one, as I hope the Minister understands—regarding something that I foresee.

It is clear from discussions with my local government colleagues across the country that there are a number of issues in respect of which local communities are turning to their local authority as the nearest the port of government, as they see it—one they recognise and have a relationship with. Some councils can deal with many of the things that people are turning to them for; others would like to but do not have the powers to do so. As this public health challenge becomes increasingly severe, the demands on local government will be immense. Local authority employees, who are doing a great job up and down the country, will not be immune from getting the coronavirus, which, as I said yesterday, will also affect services not related directly it, such as refuse collection or environmental health; or they may not have equipment such as lorries or vans to deal with issues.

They will need a general power of direction—some way to say to other organisations within their jurisdiction, “We can’t negotiate; we can’t plead with you. This is a crisis. We need you to act. We need to requisition certain items, personnel or services off you.” I ask the Minister this: if the Government cannot accept this amendment, what arrangements will be in place—or what regulations will come forward in a very speedy way—to enable local government to best deal with the issues that will inevitably come to rest on its shoulders?

[Baroness McDonagh (Lab)]

My Lords, I want to speak in favour of Amendments 1 and 2, and later Amendment 6, which I think is trying to do the same thing. Like my noble friend Lady Thornton, I was struck by the remarks of the noble Baroness, Lady Grey-Thompson, yesterday when she talked about the suspension of the Care Act, and the NICE regulations. We have to review how these are going to work in practice. I know that the Government are dealing with something that is moving very quickly, but often, having heard an announcement that sounds great, we look at the detail and find that the announcement and what happens in practice are two different things. One issue that my noble friend Lady Thornton’s amendment would allow us to review is the protective equipment and clothing of local authority staff in social care environments and, more broadly, the health service.

Parliamentary Voting System and Constituencies Bill

Baroness McDonagh Excerpts

Wednesday 26th January 2011 Lords Chamber

Moved by

[Baroness McDonagh]

90C: Clause 11, page 12, line 42, at end insert—
“( ) When the average number of eligible voters per constituency exceeds 74,000, the Secretary of State shall introduce legislation to amend the electorate per constituency provisions of the 1986 Act.”

[Baroness McDonagh]

This amendment seeks to provide that when the average size of constituency reaches 74,000 voters, the Secretary of State will bring forward legislation to increase the number of constituencies. This is a probing amendment, as I want to hear the Minister’s views on this issue. I am not sure that the Government fully appreciate the enormity of what they are doing and the impact that this Bill will have on our democratic system.

I shall address a few of the arguments briefly. We have a representative, democratic electoral system in the United Kingdom. It is not proportional, nor is it meant to be. In 1979, for example, the Conservative Party gained 42 per cent of the popular vote and 61 per cent of the seats. Fast forward to 1997 and the position was reversed, with Labour gaining 43 per cent of the vote and 63 per cent of the seats. The first election in which I was active was that of 1979, when 58 per cent of the vote was cast for parties other than the Conservatives. Therefore, it was surely not intended that the Conservatives should win. However, it was very clear to me at the time that the electorate wanted the Labour Government out and the Conservative Party in power. By creating such large electoral constituencies with a ceiling of 600, when we know that the population will increase to 70 million over the next 20 years, and by doing away with community links at the same time, the Government will create PR through the back door. We should have a referendum on that in its own right.

In a previous debate on this issue I talked about differential turnout, and the Minister was good enough to say that I had a point, for which I thank him. I do not know whether it will show itself in any change to the legislation, but I mention one statistic to explain this point again, and that is the turnout in Labour and Conservative seats in the 2005 election. The average turnout in Labour seats was 57.5 per cent. In Conservative seats, it was 65.3 per cent. That situation will not change under the current legislation, but it represents tens of thousands of people as we go across the United Kingdom.

One issue that I did not mention causes a problem under the first past the post electoral system. I did not mention it for political reasons; I felt that the Conservative Party might feel that I was doing more than explain: that I was making a political point. I therefore start by using Labour as an example of what psephologists refer to as an inefficient distribution of votes. In my language it means that the first past the post system needs political parties, particularly the main parties, to be broad churches that are largely representative of the public. When parties become narrow in their views, extreme or unappealing, the electorate punishes us through our electoral system. That is what psephologists call an inefficient distribution of votes. If I give the example of 1983, I think the House will understand the point I am making.

In 1983 it took 33,000 votes, on average, to elect a Conservative MP, and 41,000 votes, on average, to elect a Labour one. I am sure the House would not expect me to say that Labour lost the 1983 election because of an unfair electoral system. Indeed, if I did, anyone who was medically qualified on my own Benches would escort me with a firm hand from the Chamber. We lost the 1983 election because we deserved to lose. We were unrepresentative of the population at large and, it pains me to say, of my own party.

Moving on to the Conservative example, the right honourable Theresa May, when she was chairperson of the Conservative Party, referred to the Conservatives, at the annual conference, as “the nasty party”. She did not put that view into the voters’ minds; it was how they felt at the time. To the public, the Conservative Party had become very narrow and, because of that, built up votes in small areas of the country and no longer had representation in Scotland, Wales or many northern towns. It could no longer command support across the United Kingdom and, because of that, deserved to lose.

Let me give one more recent statistic to show how that shows itself. In the 2005 election, in the south-east region, which is only 12 or 13 per cent of the population of the United Kingdom—just a small proportion of nine English regions and the nations of Scotland and Wales—the Conservative Party had 36 per cent of its vote: over a third. It is impossible to win enough constituencies to form a Government by piling up votes in your hinterland, and that is a product of your politics, not the electoral system.

Let us look at the average sizes of our current seats. To the nearest 500, in England and Scotland, Labour and the Lib Dems have an average of 70,000 voters for every seat. The Conservative Party has 73,000, so that is well within any quota. Obviously at either end there are some larger constituencies that are outwith the quota, and there are some smaller constituencies. We need to change that. I am happy with having a boundary redistribution before the next general election. I agree with the principle, as far as is practical within a reasonable quota, that we should have constituencies of the same size. Indeed, if the same sensitivity were granted in a bipartisan way to my colleagues from Wales as was granted to the two constituencies that we already have in the Bill, I am sure they would also be happy with those arrangements.

The constituencies are not largely different. Where they are very large, the largest is the Isle of Wight, of which we are making an exception—we certainly passed an amendment on it. I believe that the second largest is East Ham, which is a London constituency. In the top 10 largest constituencies, roughly half are Labour. We will find more or less the same at the other end. Indeed, in the 1980s, there was a larger disparity between Labour and Conservative. Labour had much smaller seats, yet for that whole decade the Conservatives remained in power.

I moved this amendment because I want to understand the Government’s thinking on the matter. I do not want to see such large constituencies in which, in a small number of years, we will have seats in excess of 100,000 voters. They would hold no community of interest and MPs would not be able to have a relationship with the areas that they represented. We might as well have introduced PR.

This is also a much bigger problem than we making of it at the moment. The manner in which the Government have introduced this, and their reasons for doing so, are associated with the sort of democracy that we do not want to be associated with. If a country such as Zimbabwe were doing this, we would deplore it.

In a previous debate, one of my noble friends said that we had to be very careful because we do not have a written constitution. The noble Lord, Lord Rennard, asked what difference that would make. I have a huge regard for the noble Lord and all the work that he has done over the years, but having a written constitution would make a huge and significant difference. I have a few examples of how you would have to do this if you had a written constitution.

If you have a written constitution and the method by which you arrive at seats is within that constitution, you generally change it by referendum or you need two-thirds of your Parliament’s agreement. In some cases, you cannot change the constitution at all. When we look around at countries, and I have picked a few different ones, I have not yet come across any that could introduce this legislation in the way in which our Government are introducing it—with no debate, no pre-legislative scrutiny and a limited debate in the other place.

I shall go through a few examples. Holland’s Parliament cannot interfere with how seats are determined as that is set out in its constitution. To amend that constitution takes a two-thirds majority on First Reading. You then have to have a general election and at Second Reading there has to be a further two-thirds majority. The constitution of Ireland, one of our closest neighbours, sets out that if the Dáil were to change the size, there would have to be a referendum of the Irish people. Latvia’s seats are set out in its constitution and for its Parliament to change that it needs three sittings of a two-thirds vote. In addition, many constitutional amendments require a further referendum of the Latvian people.

Slovakia needs a referendum to reduce the size of its Parliament and a majority of the country’s vote. It had a referendum on that, and it was lost. Spain has two Chambers that are not allowed to change their own numbers of seats. Again, to amend Sweden’s constitution two identical decisions are needed, with a general election in between. Denmark also requires a constitutional amendment. The Cook Islands need non-binding referenda to alter the number of seats; then there has to be a two-thirds majority in Parliament. In Australia, the process is set out in the constitution and Parliament cannot change the principle. It is also not allowed to reject or vary a boundary commission report.

In this last part of my contribution, I really want the Committee to consider the enormity of what we are doing. It is not just that we are creating enormous constituencies that will have no community link. We are also denigrating the esteem in which our democracy is held all around the world. We are also showing as parliamentarians that we can no longer be trusted with an unwritten constitution, something which I personally support. I believe that if we pass this through in the way that we are doing, we will look back and see this as the starting point of when we lost the argument and when a written constitution became inevitable. The worst part of all is that if this all happens, it will not address the problem which the Government seek to address, which is that the Conservative Party believes that the reason for its electoral loss is to do with the differing size of constituencies. It has nothing to do with it. I beg to move.

[Lord Bach]

My Lords, the Committee should be grateful to my noble friend for having raised, with her great experience, this important matter. She seeks a response from the Leader of the House to the points that she has made. From the Front Bench, we have pointed out a considerable number of dangers in the scheme that the Government propose, and we look forward to what the Leader of the House has to say in response to my noble friend.

--- Later in debate ---

[Lord Strathclyde]

There is a remorseless logic to that fact. To return to the noble Baroness’s speech, I did not follow this thing about the written constitution. We have a constitution and we are not operating unconstitutionally. If we wrote down our constitution and it did not have a provision for this, it would not make any difference. It would only make a difference if it had the provision that you cannot change the number of seats unless you have a referendum. I could not work out whether the noble Baroness, with all her experience, was saying that there should be a written constitution and that if there were a written constitution, it would be unconstitutional to change the number of seats in the House of Commons without a referendum, but I think that is what she was saying. I am sorry the noble Lord, Lord Bach, sat down so quickly because he might have told us if that was official Labour Party policy, which would be most interesting and intriguing.

I would not rely on Irish referendums, much as I have the highest possible respect for the people of Ireland. Whenever they have a referendum and they get the wrong answer, they are told to do it again. So I am not a great fan of that. Incidentally, the fact that the Labour Party, which now thinks we should have referendums on changing the constitution, promised one on Lisbon and then did not provide it must be for ever a reminder. So if that is what it is all about, I am not very keen on it. There was a nice anecdote about the 1980s. The historians will argue about 1983 and all that. What must also be true is that the Labour Party split. My noble friend sitting next to me, part of our coalition partnership, laid out all these figures about Labour and Conservative. How many MPs did it take to vote for a Liberal Democrat, or whatever they were then? I cannot remember. They were not Liberal Democrats then but SDP and Liberals. So that is a factor and I think it laid the seeds for the coalition today.

So we are not minded to accept the amendment. It is all very interesting but our minds are set on the provisions in the Bill. I therefore hope that the noble Baroness will withdraw her amendment.

[Baroness McDonagh]

I hope the point that I made about what happens between this stage and the next will bring some changes to the legislation. In the mean time, I beg leave to withdraw the amendment.

Amendment 90C withdrawn.

Parliamentary Voting System and Constituencies Bill

Baroness McDonagh Excerpts

Monday 17th January 2011 Lords Chamber

Moved by

[Baroness McDonagh]

61: Clause 11, page 9, line 18, leave out “600” and insert “630”

[Baroness McDonagh]

I have asked for this amendment to stand alone in the group. I believe that it is right to get on with the business of looking at the number as it was adequately debated in the other place.

I believe that 630 will give the Government the ability to achieve all their aims: to reduce the number of constituencies, equalise the number of voters, and for our constituencies to represent a community of interest, which is important. This is a genuine attempt to be helpful, as was my Motion to split the Bill before the Second Reading began. I wanted the Government to be able to meet their deadline of having a referendum on 5 May and I hope that they understand that this amendment is in the same vein.

Before looking at the reasons behind having a House of 630, it is important to go through why I believe that the figure of 600 will not work. I am against setting a House of 600, because I believe that it will take away the power of the independent commissioners and put the power to draw boundaries in the hands of politicians. That is a bad thing. When you consider the number of 600 and begin to draw maps across the United Kingdom, you see that it will end up looking like the rush of the former colonial powers to carve up Africa. At the time, they thought that it was okay to carve up countries along straight lines—not to recognise a community of interest, natural borders and other interests. This will be a great mistake.

I have a previous experience of something like this happening to a constituency where I lived. My noble friend Lord Beecham referred to that example previously. In the mid-1980s I lived in a constituency called Tyne Bridge. That constituency was drawn from four local government wards in Newcastle and four in Gateshead. While I was living in that constituency, there was a parliamentary by-election. I had worked in some by-elections. I had worked in Peter Tatchell's by-election in Bermondsey and in a by-election in Mitcham and Morden during the Falklands War, so I am used to voters being forthright in their views on the doorstep. I have never had as much abuse on the doorstep as when a constituency was combined from wards from Newcastle and Gateshead, which had the River Tyne running through them. People know where they live. In that by-election, they voted with their feet. It was the first by-election for many decades when less than 40 per cent of voters turned out.

The figure of 600 will also create constituencies that are too large. There are 49 million voters in this country eligible to be registered. Therefore, the constituencies that we draw must allow for 49 million people to be in constituencies. None of us knows what the cut-off register will be at 31 December as it has not been published; and we do not know where the cut-off will be until the Bill is passed. So we need to start with the premise that constituencies will hold the number of people who are entitled to vote. With 600 constituencies, we have about 81,000 electors each. It would have been 75,000 based on the 2010 general election. That is 81,000 if all voters on the register last year are on the new register at the cut-off of 31 December.

A ceiling of 600 constituencies does not take account of any population move. I ask the Minister to answer on this point. Over the next 20 years, the population of the United Kingdom is, we are told, to exceed 70 million. That increase to the voting population will come through in any event. Over the next 20 years, it may also be added to by, for example, lowering the voting age to 16. I have only to look around in my local authority to see that the rising-fours will add 25 per cent to the primary school population. It is wrong and ill thought out to cap a number that does not allow for a movement of population. It would be much better to do it on the basis of the number of voters that you wish to see in a constituency. But if you do not do that, setting the number at 600 makes the constituencies far too large.

[Lord Boswell of Aynho]

Will the noble Baroness acknowledge that under the present arrangements, some of us, myself included, have had the privilege or the task of wrestling with an electorate approaching 90,000 already? Some of her concerns about these overlarge constituencies are less than well founded.

[Baroness McDonagh]

The difference in the situation proposed under the legislation from that which has formerly been is simply that the number of voters in a constituency is taken together with a whole series of other factors, one of which does not have primacy—so you do not split local government boundaries or county boundaries. You can take into account the geography in the Boundary Commission’s book when you know that there is going to be an increase in population. You can take into account other physical barriers, such as motorways and so on. In large constituencies you tend to have an electorate with a community of interests which it is possible to represent. A good example of that would obviously be the Isle of Wight. With this, you will go across vast areas where people do not recognise the other parts of the geographical area in the same constituency.

I need to go back to this issue because I feel that I can answer it. How do we end up with the number 600? I will explain why it would be right to have a House of Commons comprising 630 MPs. How do you end up with 600 MPs when one part of the coalition is suggesting 500 and the other is suggesting 585. I do not suggest that either party is innumerate, but generally you would fix somewhere around the figure of 540. You would not come up with a figure that was larger than either of the two figures suggested if it was not based on something else.

I have seen the figure published on current affairs and news items, and I have read it in the newspapers. I cannot believe that I am the only person in your Lordships’ House who reads newspapers and watches television. From examining them, I know that eminent psephologists of all political persuasions tell us that 600 is the figure that most benefits the Conservative Party. I knew that already because that is what my former counterparts at the Conservative Party head office had told me, so it was no surprise. The problem is that the figure is based on what I would describe as an obsession. There is a belief in the Conservative Party that it was robbed of the elections between 1997 and 2010, and that if only the electoral system had been different the Conservative Party would have won the election.

I will give three quotes from the debate so far. These are just examples, but I could go through Hansard and repeat them. The noble Lord, Lord Maples, said that,

“the general election in 2010 … required the Conservative Party to get 40 per cent of the vote to get an overall majority, but Labour to get only 34 per cent cannot possibly be considered fair”.—[Official Report, 15/11/10; col. 571.]

This is an example of trying to change the constituencies because of a belief that this is what prompts the differential between the numbers of votes for the parties.

The noble Lord, Lord King of Bridgwater, said that he,

“remembers the 2001 election in which we won the vote in England … we ended up with 60 or 90 fewer seats, having received more votes in England. The whole thesis of the Opposition is to keep the situation like that”.—[Official Report, 12/1/11; col. 1522.]

I have heard some noble Baronesses opposite even say that they were robbed of three constituencies through electoral fraud. The reality is this. At the last election, the electorate decided that it no longer wanted Labour to be in government. That is clear. However, it was not sure that the Conservative Party was ready to govern. That is why the Conservative Party did not get an overall majority.

I shall give one other quote:

“The equalising of the size of constituencies would remove an unfair advantage currently enjoyed by Labour”.

That was from a publication by Andrew Tyrie MP in 2004, with a foreword by Damian Green MP, to which I think my noble friend Lord Soley has already referred. This has been going on for many years in the Conservative Party, but it is apocryphal. It is not true; it is a falsehood. Labour gets elected on fewer votes because in Labour constituencies, the voters are people who are less likely to vote because of their social and economic demographics. The reverse is true for the Conservative Party. It seems to have become a real obsession, and I believe that the Government now need to move past it.

When I was in the Labour Party during 18 years in opposition, I remember that I wanted to see my party put many Bills through the House of Commons and the House of Lords. They were on matters such as introducing a minimum wage, education reform and reducing hospital waiting lists. My personal experience was that my mother had to wait 18 months in severe pain for a hip replacement operation. I wanted to see handguns removed because of the Dunblane massacre. It is telling that one of the first Bills that the Government wish to introduce would reduce the number of constituencies from 650 to 600.

Why the figure of 630? I believe that if we introduced 630 with an eligible electorate of 78,000, that would make for reasonably sized constituencies for Members to represent. I also believe that reducing the House by 20 seats would take away some of the worst excesses of large constituencies. Like all around the House, I want as far as possible to see constituencies of the same size, and this figure would allow for that. I say again that the average size of the constituencies of all three parties—Labour, Lib Dem and the Conservatives—does not differ by the quota set out in the Bill, but a figure of 630 will allow county boundaries and local government boundaries not to be crossed. That will make the exercise of the Boundary Commission much more efficient and much quicker. It will also allow a community of interest to prevail.

I would prefer that we concentrated on the number of voters in these constituencies. I think it is important that we represent the public from the grass roots up, not from the top down. The Government have already made it clear that they are not prepared to accept that view, so I am introducing an amendment which I believe will allow them to do what they are trying to do, but in a way that will represent our communities and take the public with us.

[Baroness Farrington of Ribbleton]

Although the noble Lord, Lord Strathclyde, is no longer in his place, I am certain that the noble Lord, Lord McNally, will be aware that the answer to my question about when a Government last sought to control the absolute number of constituencies in the other place was 1832, which is a long time ago. I hope that the noble Lord, Lord McNally, will accept that there could have been an element of gerrymandering then and now.

[Lord Winston]

My noble friend Lord Anderson was so quick on his feet that I did not have a chance to ask my noble friend a point that is directly related and relevant to the amendment that she has moved. I should like to ask her now, if I may. Noble Lords opposite know that I never give long speeches and I always try to speak to the point of a debate when I join it. I should like my noble friend to clarify how she arrives at the figure of 630. I genuinely do not understand why it is not, for example, 625 or 635. It would be very helpful to have the mathematics behind what she is proposing. I do not have a view about how big the House of Commons should be. I am inclined to believe that the number probably should be reduced but I do not understand how she has arrived at the figure that she is proposing.

[Baroness McDonagh]

I thank my noble friend and I shall deal with all three interventions, as well as that of the noble Lord opposite. When my noble friend Lord Anderson of Swansea said that the number of constituencies has political consequences, the noble Lord shouted back, “Of course it does. We all know that”. That is the first admission that we have had in this debate so far that there is a political reason for coming up with the figure of 600. I do not believe that that is a good reason to state what the number of seats in the other place should be.

Coming back to the three interventions, I absolutely agree with my noble friend Lady Farrington. I personally believe that it is wrong to set in law a cap for the number of seats in the other place. However, in answer to the point raised by my noble friend Lord Anderson of Swansea, because you cannot do everything that you need to do, sometimes you should do something to protect the interests of the public. I believe that setting the number of seats at 630 will allow that to happen and that we will not end up with a map of the UK on which the constituencies are marked out by straight lines.

I turn to the question asked by my noble friend Lord Winston. Under the current legislation, county boundaries are sacrosanct and constituencies are not allowed to cross them. Perhaps a small sample of us should go out and ask the public whether they believe that we should cross their county boundary. I do not know how many people here would like to come with me to Cornwall. I do not know it particularly well because it is not an area where we have had a lot of Labour constituencies. However, if we stopped people in the street and asked them whether they wanted their parliamentary constituencies to cross the county boundary to Devon, I think that we know what the answer would be.

[Baroness Farrington of Ribbleton]

I am awfully sorry that the noble Lord, Lord Greaves, is not in the Chamber, because he could support me in the argument that it would be very dangerous to go to the dividing line between Lancashire and Yorkshire and start interfering with the boundary. As a former Lancashire county councillor like me, he is aware that there are parts of the dividing line between Lancashire and Yorkshire where people insist on having both the red and the white rose, because they still have not finished the War of the Roses.

[Baroness McDonagh]

I thank my noble friend for that intervention. I hope that noble Lords opposite will not see these points as being petty. These matters really mean something to people; people really know where they live. I have witnessed many noble Lords taking groups of people around the House. It does not take long—it is usually two minutes into the conversation—for them to tell the assembled group, whether it is an after-dinner group or a school party, about how they got their title. It is always the same conversation: “I said this to Garter; Garter said this to me”. Great rigmarole is attached to the story, and that is because your Lordships believe in a community. In our hearts, we believe in a place that has a community of interest. It is what this democracy has always relied on.

My noble friend talked about Lancashire and Yorkshire. I do not know who would think of drawing a constituency that crossed that boundary—I would rather not have to explain it—but it will happen. We are talking about straight lines and not about communities of interest. If the Government wish to do that—

[Baroness Armstrong of Hill Top]

My noble friend is being overly generous to the Government. We are seeing the first part of PR put into the British consciousness. PR cannot work if it is linked to a community. You need to break that link of accountability between place and representative if you are going to have proportional representation; that is the very essence of the system. I believe—and I may be being paranoid—that that is the road down which the Government are taking the first step. I am not sure that every noble Lord understands that, but when one looks at the parts of the Bill together and the Government’s determination not to split them, one sees that that is one of the purposes behind the Bill.

[Lord Glentoran]

My Lords—

[Baroness McDonagh]

Perhaps I may answer my noble friend’s point. I will then be happy to give way to the noble Lord.

[Lord Glentoran]

I just wanted to answer that point.

[Baroness McDonagh]

No, it is my point to answer, I believe. I shall be happy to give way to the noble Lord afterwards, if he will let me answer. I thank my noble friend Lady Armstrong for making that point, which she managed to put much more articulately than I could.

If the Government want to break with a community of interest, they should introduce a system like that which exists in Israel. It is a pure PR system, based on a list. I would have no problem with the Government putting that to the electorate. What I have a problem with is their coming in by the back door with a system of government on which nobody has been able to have a say and of which nobody has had any pre-legislative notice.

I turn finally to the question of how I came to the number 630. My starting point was not what would benefit the Labour Party but the assumption that county boundaries are sacrosanct. I used local government boundaries as building blocks, because most local government wards are communities. I also believe—I know that we will get into this later in the debate—that we will cause terrible harm if people have to seek different councillors and MPs within a small area such as a local government ward. By doing this, we will just turn people off our politics and our democratic system. I used those as building blocks. How then can you get constituencies that are roughly the same size? To do that you are forced up; you are forced to build up and you get to 630. It was not a top-down effort on my behalf. I did not approach the exercise in the same way.

[Lord Glentoran]

I thank the noble Baroness. I have two or three points to make. I did not talk to anybody to get my peerage—I happen to be a hereditary Peer. That is why I am here and why I have been here as long as I have. I am a Conservative through and through, although I of course support the coalition. I live in a country where we have single transferrable voting and a total nonsense at the moment of some form of Executive which seems unable to make decisions. I for one—I think there are many people in my party like me—am not looking to pave the way for a different form of voting, as the noble Baroness said.

Parliamentary Voting System and Constituencies Bill

Baroness McDonagh Excerpts

Monday 6th December 2010 Lords Chamber

[Lord Campbell-Savours]

At this stage, I shall resume my seat and await later opportunities to discuss these matters.

[Baroness McDonagh]

I thank noble Lords who have come back to this issue of confusion. Can we knock on the head, once and for all, the suggestion that we are calling people stupid? People are not quite as obsessed by politics as we are and I always thought that it was the role of this House to look at legislation, to look at how it would work out in the country, in the community, in our experience, and bring back any concerns before legislation is passed. That is what we are doing. We are not, for a moment, calling anyone stupid. On Tuesday, the noble Lord, Lord Strathclyde, thought that in changing his parliamentary constituency in Scotland, he had also changed his European parliamentary constituency. I would not, for a second, call him stupid just because he does not appreciate that Scotland has only one European constituency.

I take this opportunity to ask about the 12 cities that are holding a referendum for mayor. I understand that some might be put off until 2012, but will the Minister tell us exactly where we are on that and, indeed, when the localism Bill will enter the House? Before I move off this issue of confusion, I say only that, if we are not careful—this is a serious point—we could end up having more spoilt ballot papers than the majority of votes, either for or against, under the alternative vote referendum. Given the legality of the Bill, there will be deep problems.

Who are we expecting to convey the arguments on the doorstep, if we proceed with an election in May? I would like to see anyone here get together a group of councillors facing re-election. These people are now going through very difficult times, having to cut something like 30 per cent of their budgets over the next four years. There will be serious cuts in adult services, child services and street cleaning, and some people may be moving to fortnightly waste collections. Any idea that you are going to knock on the door and explain that to the public and then say, “By the way, let’s have a chat about the alternative vote referendum”, is not living in the real world. I would like to be a fly on the wall in a room when anybody here attempts to do that. Without people on the ground being active in campaigns, be they for referenda or elections, they are not democratic election.

It seems rather ironic to have a referendum on our democracy at a time when there are elections in some parts of the country and not in others. By that very fact, you will skew—

[Lord Tyler]

Would the noble Baroness like to turn to Amendment 12, which is in this group? As I understand it, she is proposing that this referendum should take place on the same day as the mayoral and London Assembly elections, so she is now arguing against her own amendment. Will she come to that amendment in due course?

I know the noble Baroness has been extremely influential in her party. Does she recall that on a number of occasions her Government decided to have a general election to the House of Commons on the same day as local elections? Were those not the circumstances that she is now criticising?

[Baroness McDonagh]

I thank the noble Lord. He is right, and I never have a problem saying when I am in the wrong. When I laid the amendment, I did so to give us more time to debate it. I think the noble Lord is quite right, and I am happy to withdraw that amendment. The noble Lord, Lord Fowler, said that the fact that a number of us are tabling different amendments is causing confusion. If the Benches opposite want to join us and support either Amendment 5 or Amendment 6, I would be happy to withdraw all my amendments, and I thank the noble Lord for his intervention.

I think it is ironic to have a referendum on democracy on a day when we are having some elections and not others. Not having an election in London will depress the turnout, and there will be a variable result across the country. Therefore, I will support any amendment not to have a referendum on the same day as any other election, and I will appreciate answers to the questions I asked.

[Lord Snape]

My Lords, I rise briefly to support my noble friend Lord Rooker in his amendment and to speak equally briefly to the amendment standing in my name and that of my noble friend Lady McDonagh. I congratulate the noble Lord, Lord Tyler, on his great debating point. I thought he showed enormous courage by making it. Having just been blown out of the water by my noble friend Lord Lipsey, to bounce back so quickly indicates a degree of perhaps reckless courage, but courage nevertheless.

The noble Lord, Lord Rennard, intervened to tell us what took place about AV in 1911 and subsequently. I have watched the career of the noble Lord with some interest. He has been better at fixing by-elections than at participating in them in his time as chief executive of the Liberal Democrats, but let us bring him bang up to date so far as AV is concerned, and particularly as far as your Lordships' House is concerned. As recently as 1998, AV was denounced as “disturbingly unpredictable” by no less a personage than the late Roy Jenkins. I cannot claim any close association with Roy Jenkins, although I was his Whip in the 1970s, and a pretty tough job that was, but I appreciate that he commanded enormous respect in both Houses of Parliament.

I want to congratulate the noble Lord, Lord Fowler. I know he is a notable personage in the Conservative Party, but his was the first Back-Bench speech I have heard in favour of this Bill. The Conservative Party normally sits mute during the passage of this legislation because it knows full well what it is about. I do not think I am betraying any secrets in saying that the noble Lord, Lord Fowler and I had a long and friendly parliamentary relationship in the other place. Now that we can both escape from the wrath of our respective activists, I can say that we were paired for some years in the other place. I never knew he was a secret referendum addict during that time—not that it would have made any difference, of course, but I thought that his speech was at least supportive of this Bill.

I do not want to delay the House unduly, or to repeat anything that I said in debates last week. However, on AV and its possible complications, I think the noble Lord, Lord Strathclyde, who will reply to this debate, owes the House a detailed explanation as to how exactly voters—and particularly the Scots—will be able to differentiate between the various elections and look at AV as well. He shakes his head: as a Scot, I know he would be delighted to tell me.

Actually, I thought this debate would be replied to from the government Front Bench by the noble Lord, Lord McNally, so I have a proposition to put to him which I hope his noble friend will pass on. The noble Lord, Lord McNally, and I have one thing in common. He used to represent my hometown of Stockport in the Labour interest in those days, before apostasy became fashionable. If the noble Lord, Lord McNally, believes that the alternative vote system is a simple one, and that we are being condescending and patronising to the electorate by saying it deserves a proper and full debate and a date on its own to be voted on, let me issue this challenge. I invite him to walk with me through the streets of Stockport next Saturday morning and ask two questions of anybody we come across. First, are you in favour of the alternative vote system; and, secondly, could you tell me what it is? Perhaps we could ask a third question as well: would you mind accompanying us to watch Stockport County? That is where I will be heading.

I do not want to extend that same invitation to the noble Lord, Lord Strathclyde, because I suspect he is not a round ball man. However, if he would pass the invitation on to the noble Lord, Lord McNally, I would be grateful. If he could tell your Lordships’ House—all of us, and particularly the Cross Benchers—how it is possible to make such a fundamental change to our electoral system on the same day as there are numerous other elections taking place, without causing massive confusion from one end of the United Kingdom to the other, I would be even more grateful.

--- Later in debate ---

[Lord Strathclyde]

The noble Lord, Lord Grenfell, asked whether the Electoral Commission was going to change its mind. I said that it is not going to change its mind because it is rock solid. It has made the assessments, done the research and taken a view. We have accepted that. None of the amendments so far would give us cause to change that view. All these issues were debated in the elected House—in another place. We have had substantial votes on the changing of the date and the different structures of different electoral systems.

What concerns me most is that many noble Lords, who are opposed to this Bill, oppose it because it is one of the political ideas that binds this coalition. In opposing this they see a valuable weapon in bringing down the coalition. I thank the noble Lord, Lord Rooker, for his kind offer of a lifeboat; I hope he will take it in the spirit in which it is intended if I cannot accept it and very much hope he will withdraw his amendment.

[Baroness McDonagh]

The noble Lord did not answer my questions about whether there would be any mayoral or local referendums on the same day as this referendum.

[Lord Strathclyde]

Yes, my Lords, there will be local referendums on this day. There are a number of elections. It might be helpful to noble Lords if I read them out. With the voting systems referendum, there will be elections for the Welsh Assembly, the Scottish Parliament and the Northern Irish Assembly. There will be local elections in England, in 36 metropolitan boroughs and 49 unitary authorities; in some of these, one-third are up for election, and some are all up. Then there are the 194 second-tier districts in England. In other words, 279 local authorities will run elections in England. There will be local elections in Northern Ireland and mayoral elections—that was what the noble Baroness was after—in four local authorities in England: those of Bedford, Middlesbrough, Mansfield and Torbay. Then, of course, there will be parish elections in England.

[Baroness McDonagh]

That was not my question. My question was whether this May there will be any local referendums on whether an area has a mayoral election and a mayoral system. Twelve were due to take place in May in our largest cities, and the Government considered putting them off for a year. Some of that will be dealt with in the localism Bill, but no one knows when that Bill will enter the other House. The Government seem to be in a lot of confusion and to be having difficulties with their legislation at the moment. Will all or some of the 12 local city referendums take place in May, or will they be put back to 2012?

[Lord Strathclyde]

My Lords, I am glad for that clarification. I did not fully understand the noble Baroness’s question. The answer is yes—it is likely that there will also be some local, mayoral referendums in England on 5 May, which will be run on the same boundaries as the referendum and local authorities. We have included provision to allow for those polls to be combined with the referendum.

--- Later in debate ---

[Lord Foulkes of Cumnock]

I had realised that and I will come to it in just a moment.

[Baroness McDonagh]

Is it not the case that, when we are debating this referendum, we also need to think ahead of other changes that may happen and whether they may work with this system? That is the point that my noble friend is alluding to.

[Lord Foulkes of Cumnock]

I am grateful to my noble friend for rushing to my defence in a distinguished and helpful way—I was going to say gallant, but that is the wrong way round. What I was arguing, as my noble friend said, is that we need to take account of these things when we are looking at this amendment and any changes in the election to the House Commons, the first Chamber. If the Lords is the revising Chamber and is not forming the Government, there is an argument for it being elected by first past the post because then you have a different system balancing what the House of Commons and what the Government are putting to Parliament.

As the noble Lord, Lord Skidelsky—or perhaps it was my noble friend—rightly said, this would mean that you would have to carefully define the powers of both the Commons and the Lords. That is why I believe that we are moving towards needing some kind of written constitution with devolved parliamentary assemblies and parliaments, with a separate Supreme Court and with the possibility and the proposal to elect the second Chamber. Everything needs to be much more clearly defined. That is why it would be madness—and this is where I come to the amendment of the noble Lord, Lord Skidelsky, which was moved on behalf of the noble Lord, Lord Owen—to rush into this kind of referendum, or any kind of referendum, to change the system for the House of Commons. There are enough other changes taking place with the proposed reform of the House of Lords; we should learn from the changes that have taken place in Scotland, although it has not been a happy experience. We should not rush into something that has unexpected consequences just because the noble Lord, Lord Rennard, apparently puts a convincing case. Just because the noble Lord has spent 35 years arguing the case for proportional representation, we should not move in that direction. What is best for the Labour Party and the country is to stick to first past the post, which has provided election to the House of Commons with some degree of stability over a long period.

--- Later in debate ---

[Lord Phillips of Sudbury]

All I can say—

[Baroness McDonagh]

Taking Wales as an example, why does the noble Lord believe that more people turn out to vote in first past the post elections than under other systems there?

[Lord Phillips of Sudbury]

Noble Lords are now asking me a series of questions at large that need very detailed consideration to be commented on sensibly. All I will say is that I am convinced that, because in many constituencies a Liberal vote, a Green vote or a vote for anything but the prevailing party is a waste of time, common sense says that people will not be engaged with the election in that constituency in the way that they would if they had a vote that counted.

[Baroness McDonagh]

I am sorry but the noble Lord is saying that if we have a different form of voting system, more people will vote. That clearly has not happened in Scotland and Wales. Will he now change his opinion?

[Lord Phillips of Sudbury]

I certainly will not. I can speak of this country, where I have fought five parliamentary elections. I know how people in this country—those who are not of the dominant party in the constituency concerned—think about the voting system. It seems blazingly obvious that if you are not of the prevailing party, the tendency not to vote is very strong and has led to the present facts. Please take note of the declining turnout among young voters. They are increasingly disenchanted with the hegemony of our system.

Parliamentary Voting System and Constituencies Bill

Baroness McDonagh Excerpts

Monday 6th December 2010 Lords Chamber

Moved by

[Baroness McDonagh]

20: Clause 1, page 1, leave out lines 8 to 11 and insert—
“Which electoral system would you prefer to use for electing your MP to the House of Commons? Either—
(a) the first past the post system; or(b) the alternative vote system?”

[Baroness McDonagh]

My Lords, my amendment would change the wording in the Bill, which asks:

“At present, the UK uses the ‘first past the post’ system to elect MPs to the House of Commons. Should the ‘alternative vote’ system be used instead?”,

to:

“Which electoral system would you prefer to use for electing your MP to the House of Commons? Either—

(a) the first past the post system; or (b) the alternative vote system?”.

The reason for this, as any psychologist will tell you, is that yes/no is not neutral. Yes/no has values: yes being good, no being bad. It can also cause confusion depending on whether you ask the question in a positive or a negative way.

A second unintended consequence of the wording is that it gets the voter to fixate on one system which, in the way the sentence is constructed, forces them to focus on the alternative vote system. I believe we are not asking them to choose for or against the alternative vote. In the Bill and in the referendum, we are asking them to weigh up the strengths and weaknesses of the first past the post system as against the alternative vote system and then make a choice. For these reasons I think it is much more straightforward if we pose the question in the way it is in the amendment and get people to actually choose the system they would prefer. I beg to move.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester)]

I remind the Committee that if this amendment is agreed to I cannot call Amendments 21 to 27 for reasons of pre-emption.

--- Later in debate ---

[Lord Strathclyde]

The evidence it had was that first it was alien to referendums that we have had in this country and therefore would need new, comprehensive testing. Additionally, proper assessment of such a question would need to take account of further feedback from interested parties, including political parties and other groups and for those reasons, it took the view that the options style was not as good as the yes/no style.

[Baroness McDonagh]

Thank you. I think the noble Lord was giving way to me earlier. Can I ask you to go back a little bit to the issue of the campaigns that you touched on? It would seem to me that the way I am proposing it would be much better for campaigns—all the subjects would get aired rather than what is going to happen. You mentioned in your remarks that it will be the case for and against AV that will be concentrated on, not the strengths of the individual systems. Can you go back to this point and expand on it?

[Lord Strathclyde]

I am sure that the noble Baroness believes that the option system is better, but the commission’s report noted that an options form of the question could quite significantly affect the nature of the referendum campaign, as campaigns will not be straightforward yes and no campaigns but in favour of either option. The commission believes that for the sake of clarity it is better to campaign on a yes or no basis.

--- Later in debate ---

[Lord Strathclyde]

My Lords, obviously I cannot commit myself to publishing something if it is unavailable. I said that if it was available, I would make sure that it was published.

[Baroness McDonagh]

I thank the noble Lord. I intend to withdraw my amendment at this stage. I agree that the referendum should be held, and I think that it is right to have this debate, but I shall think about his comments. If we are not careful, we will have a very one-sided debate in the referendum. I beg leave to withdraw the amendment.

Amendment 20 withdrawn.

Parliamentary Voting System and Constituencies Bill

Baroness McDonagh Excerpts

Tuesday 30th November 2010 Lords Chamber

Moved By

[Baroness McDonagh]

That it be an instruction to the Committee of the Whole House to which the Parliamentary Voting System and Constituencies Bill has been committed that they divide the Bill in two so as to separate the provisions relating to the parliamentary voting system from those relating to constituencies.

[Baroness McDonagh]

My Lords, I declare an interest as a former General Secretary of the Labour Party and also, like many people of all political persuasions in this House and none, I have been a lifelong grass-roots community campaigner, passionate about how democracy works in our communities. That is why I was interested in this Bill and looked forward to examining it. I was slightly worried because, on the face of it, it appeared this was two Bills not one. I then read the Bill and indeed it read like it was two Bills and not one. Who was I to question it as a mere Back-Bencher? I was sure it would all become clear to me when we came to debate it. I entered the debate and, yes, it debated like it was two Bills, not one. It was a car crash. It was impossible to scrutinise and the Minister was unable to answer the points and the questions that were raised.

This reads, looks and debates like two Bills because it is two Bills. It is what we in south London call a cut and shut. I do not know how many noble Lords are familiar with the term but I will explain it. A cut and shut happens when rogue traders buy cars that have crashed. They have either hit something from the front or been hit from behind. The cars are split and the two pieces are welded together. To the unsuspecting buyer it looks like a fantastic car, but woe betide the person who gets into it: it is a dangerous vehicle. That is what the Government are creating with this cut and shut—a dangerous vehicle for our democracy.

To be fair to the Government, no one has tried to say that this is anything other than politically expedient. No one has pretended that it is other than two Bills. I appreciate it when everyone tells me that this is very clearly set out in David Laws’s book but they did not need to do that. On this side we are all a little bored by political biography and we would not have got around to reading it. However, I understand how it happened. When you go on a date, you are not that sure of the other party so you enter into a pre-nup. Both parties wanted two separate Bills and each was unsure that the other party would vote for theirs, so they were put together. Now that you are in a secure marriage—it certainly looks like that to me—you can rely on each other to vote for each other’s Bill.

So that we can properly scrutinise this legislation, I—again, as a Back-Bencher—attempted to table amendments. I thought to myself, “This can’t be the right way to go about this”. I took advice from our fantastic Clerks, who explained that the Bill could indeed be split. It has been done twice in the past—once successfully, albeit in the originating House. That Bill was split four times. The second time, the vote was lost. I read the rules—this has been a great Bill for my learning experience, so I thank you for that—and could find nothing that would prohibit splitting the Bill. It seemed a sensible way to proceed, particularly as there is a time constraint on the referendum. It is an important debate for the public to have.

However, subsequently, I now understand that there may be problems if the Government were not to support the Motion. It is not my intention to do anything that would stop us getting this legislation through properly and efficiently. Therefore, I call on the Government to support the Motion. That will allow us to treat the Bill in a timely, efficient and properly scrutinised way. I beg to move.

[Lord Pannick]

I remind noble Lords that your Lordships’ Constitution Committee, of which I am a member, reported to the House earlier this month that it understood the need for urgency in relation to Part 1 of the Bill, which concerns the proposed referendum. However, it suggested that the case for proceeding rapidly with Part 2—relating to constituencies—was far less strong. We expressed regret that the Bill was not the subject of any pre-legislative scrutiny or any prior public consultation. We further advised the House that, because of the lack of prior consultation and consideration of the important issues raised by Part 2, several vital constitutional concerns had not been properly addressed by the Government—for example, the impact that the proposed changes might have on the relationship between the Executive and Parliament. It is very important to ensure that there is sufficient time to give Part 2 the closest scrutiny. I, too, am concerned—speaking entirely for myself and not the committee—that the Government’s understandable wish to proceed speedily with Part 1 may adversely impact on scrutiny of Part 2. It would be no answer to the points raised by the noble Baroness, Lady McDonagh, if the Minister says that there will be adequate time for debate on the whole Bill. Time is required not just for debate but for reflection by all noble Lords and the Government and for cross-party discussions before changes of this constitutional significance are made.

--- Later in debate ---

[Lord Strathclyde]

All of them may not be out of date, but many are. We are going to put that fundamental unfairness right. Surely the noble Lords opposite are not supporting the continuation of unfairness.

A couple of weeks ago this House gave the Bill a Second Reading. I believe that, in doing so, the House accepted its general principles and indeed its overall architecture. The House accepted it as one Bill. We are due to go into Committee on the Bill, in its entirety, this afternoon. Some noble Lords have put down amendments to the Bill. That is the normal way that we go about scrutinising legislation in this House. The instruction tabled by the noble Baroness would pre-empt that scrutiny process. I very much hope that the noble Baroness, having heard this short debate, and having made her point, will now withdraw the Motion.

[Baroness McDonagh]

I thank all noble Lords who have spoken, and I would like to refer to a couple of the points. I say to noble Lords opposite that the Motion would not discard Part 2 of the Bill and that every bit of work done up to now would remain. It would simply allow us the opportunity to have proper scrutiny.

I also say to the noble Lord, Lord Strathclyde: please do not tell us that we do not wish to debate the Bill. When we were debating it, there was not one Conservative Member on the Benches opposite. The Motion is a genuine and constructive attempt to make both Bills work, and I am sorry that the Government have not seen it as such. I think that it would make it much easier to pass the legislation, but I will not be pressing it to a vote. However, I make it clear that, like many other Back-Benchers, I will not take criticism or be harried for fully discharging our responsibility to scrutinise the legislation properly. I beg leave to withdraw the Motion.

Motion withdrawn.