House of Lords Reform Bill
Lord Beamish Excerpts(12 years, 4 months ago)
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Mr Jack Straw (Blackburn) (Lab)
As the House will be aware, I spent the last four years of the previous Labour Government leading on the issue of Lords reform. The House voted decisively in March 2007 for an 80% or a 100% elected second Chamber and against all other alternatives. I then chaired the cross-party working group, which worked hard and constructively to develop detailed proposals for reform. The Deputy Prime Minister has taken that work forward. Many, though not all, of the Bill’s proposals have come, as my hon. Friend the Member for Stockport (Ann Coffey) pointed out, from the proposals that we brought forward. That includes the key proposal—I am sorry that I do not have time to go into all the arguments in its favour—for single, non-renewable 15-year terms and a ban on those elected to the other place from being able to stand immediately for this place. Although there is much in the Bill that could and should be improved, I support the measure, and I shall vote for it if the House divides tonight.
In the limited time available, I want to focus on one key omission from the Bill—a proposal for a referendum. During our period in government, I probably piloted through this House more constitutional Bills than any other Minister.
Mr Straw
I had such wonderful support from my right hon. and hon. Friends for all those measures.
On some, such as the Human Rights Bill and the Freedom of Information Bill, there was an understanding across the Chamber that it was appropriate for Parliament to have the final say. On others, however, there was a growing consensus that matters affecting the location and balance of powers in our constitutional arrangements required the endorsement of the British people because the fundamentals of the constitution belong to the people and not to us.
Among the measures I sought to introduce was the European Union constitution Bill, which made very significant changes in respect of our obligations within the EU. The Labour Government’s initial view was that we should do what successive Governments had done, most notably over Maastricht, and have this House make the final decisions. In making that case, as in previous debates on the principle, I advanced arguments against introducing a referendum for that Bill that were similar to those put forward by the Deputy Prime Minister. Those arguments related to cost, complexity and the fact that two of the main parties—his and mine—supported the measure. I have to say, however, that behind that—unwritten and unspoken—was the fear, particularly among my colleagues who were enthusiasts for the measure, that the British people might give the wrong answer. I believe that that fear also lies behind the refusal of a referendum in this case, even though I want a referendum and will passionately argue for a yes vote in any referendum.
Electoral Registration and Administration Bill
Lord Beamish Excerpts(12 years, 4 months ago)
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Mr Kevan Jones (North Durham) (Lab)
May I make an alternative suggestion? Perhaps it could be a dead duck sitting in an oak tree.
Wayne David
Perhaps there should be a competition to determine the most appropriate symbol.
On the issue of joint Co-op and Labour party candidates, I understand that the Government explained on Second Reading and before that the clause is intended to address a gap in the legislation. Can the Minister provide reassurance not only that it will address an anomaly in the case of parliamentary elections, but that there is no difficulty in the case of local elections, and that is covered by other legislation?
John Hemming
I thank the hon. Gentleman for his intervention, but I would rather he had not made it, because I had intended to say that and now he has mentioned it first. I think that technology has facilitated recording in polling stations. Making that recording available would be the best sort of change, because it would not record which way people vote.
I had started to talk about the Greek situation, where transparent ballot boxes are used, which, in terms of transparency, are better than black boxes. In Cheetham Hill ward in Manchester in 2003 a ballot box went astray for about an hour and a half after the end of polling. Obviously that is a good opportunity for ballot box-stuffing, as people can put a few extra votes in the ballot box as they drive around Manchester. There are a number of advantages with the filming process. If someone is personating, we would see who it is, which in a sense is the better challenge.
Mr Kevan Jones
I am interested in the hon. Gentleman’s example, but surely if someone stuffs extra ballots into a ballot box the number of ballots in it would not tally with the number issued at the polling station.
John Hemming
What happens is that basically they mark off extra votes on the marked register, so it is not difficult.
Mr Jones
I am sorry, but that is not what they do; they mark off the marked register, but there is also the counter stub with the number on, which is then tallied with the number of votes issued. I think that what the hon. Gentleman suggests would be very difficult for someone to do unless they also had control of the book of ballot forms.
John Hemming
We have experience in Birmingham of identified presiding officers campaigning for the Labour party in the polling station. In Hodge Hill ward, for instance, the presiding officer was handing out poll cards to the Labour agent, which is a criminal offence, and I reported it to the chief executive at the time. In one polling station the poll cards were given to the Labour party. It cannot be assumed that just because people are presiding officers—I accept that there are two people there—they suddenly become perfect people who behave exactly as we would wish them to. If we had enough activists and we could put polling agents in each polling station for all the hours of the poll and monitor what was going on, that would not be such a problem.
Mr Jones
I find it remarkable that the hon. Gentleman opened his speech by saying that electoral fraud, of which I think there are a tiny number of cases, affects all parties, because he seems to be very partisan in using examples only from the Labour party. Is he really suggesting that polling agents and people who work in polling stations are involved in fraud, because in my opinion that is not the case? There is a danger in what he is suggesting, because if we put in agents from some parties they could intimidate the polling clerks.
John Hemming
Under election law, putting in polling agents is already allowed; that is not a change to the law.
John Hemming
I have two little points to make on that. First, I said that all parties have people who are responsible for election fraud but in Birmingham we have tended to find problems with the Labour party, so I am tending to talk about the Labour party. Secondly, with regard to polling agents, that is the current law. If the hon. Gentleman does not know the current law, that is life. The current law allows people to appoint both counting agents and polling agents. Most people do not appoint polling agents but in Birmingham, because of the large amount of personation that tends to go on, we appoint polling agents in some wards when we can manage it. I have sent to the presiding officer, with evidence, examples of presiding agents who attempted to persuade people to vote for the Labour party in the Soho ward in Birmingham. There would have been other election petitions in 2004 on the basis of those particular issues had it not been for the fact that running one election petition is a major challenge and running two would be a bigger challenge, so much so that we had legal assistance on the second one.
John Hemming
Paragraph 717 of the Mawrey judgment, which I quoted earlier, deals with the hon. Gentleman’s point. These are probing amendments. However, we do need systems to detect and prevent personation, and according to Mr Justice Mawrey, we do not have them.
Mr Kevan Jones
This has been a fascinating debate. In my view, one of the weaknesses of the new clause is that it calls for action but does not outline what should happen.
I agree with my hon. Friend the Member for Vale of Clwyd (Chris Ruane) that the number of cases of fraud in this country is small. Overall, we have a very good electoral system. In the Electoral Commission’s report after its voting pilots of the early 2000s, it found that the incidence of fraud was quite small, but, as we know, concentrated in certain communities, whether Asian communities in big cities such as Birmingham, which the hon. Member for Birmingham, Yardley (John Hemming) represents, or those in other areas such as Bradford and Tower Hamlets, where the Liberal Democrats do not have a fantastic record. We must therefore be careful not to get this out of proportion.
I am worried about some of the hon. Gentleman’s suggested measures to detect fraud, which would be completely out of proportion to the problem that is being addressed. Having seen his performances in this House over the past few years, I am not surprised that the police chose the name Operation Gripe. Making scattergun accusations such as those he made today is not very helpful, either to the police or to the real debate about electoral fraud.
The hon. Gentleman proposes to extend these measures to candidates and polling agents. In Durham, political parties do appoint polling agents, but their role is very clearly defined. They cannot interfere with the issuing of ballot papers. They can ask people for their numbers, but many, rightly, do not give them. They may be asked for the number of people who have voted, and will be happy to give that. If polling agents were able to sit over the polling clerks, as he suggests, that would be wrong because it might intimidate them. The polling clerks I have dealt with in the many elections in which I have been either an agent or a candidate are very professional individuals. If the hon. Gentleman has evidence of a polling clerk issuing ballot papers incorrectly, then he must provide it. He should not throw it out in such a casual manner as he has today. I would be very uncomfortable with polling agents taking on the role that he suggests in sitting over the clerks when they are doing their job.
I accept that the hon. Gentleman’s community is very different from the one that I represent, but I find it strange that voters take other people into the polling station to vote. In my experience of the elections in which I have been an agent or a candidate, if someone arrives who is infirm or needs assistance, the polling clerk will take them into the voting booth to assist in pointing out the names of the candidates. I have never known polling clerks allow a relative, or a candidate or representative of a political party, to go with somebody into the voting booth. The message is the quality and rigour of the polling clerks, who, in my experience, are professional individuals who know what the rules are.
In Durham, when polling clerks take numbers at polling stations, it is made clear that they must sit way outside the balloting area—if it is a school, usually in a corridor; if it is a community hall, usually outside—so that they cannot in any way interfere with the process. I have sometimes taken infirm people to vote. The usual procedure is to take them to the door and indicate to the clerk, who will take over from there so that we do not get involved in the process.
As my hon. Friend the Member for Vale of Clwyd said, the hon. Gentleman is doing us a disservice in perpetuating the myth that electoral fraud is a huge problem in general, because it is not. I accept that it is a huge problem in certain areas, and the people involved should be dealt with properly.
I find it strange that a Liberal Democrat has such a schizophrenic attitude towards CCTV given that the Liberal Democrats pride themselves on saying that CCTV is against civil liberties. I would not want any recording device in polling stations, because the ballot is private. No matter how many assurances people were given, they would fear that a CCTV camera was recording or indicating which way they had voted.
Sir Peter Bottomley
First, we have had for some time the experience of having police officers in polling stations from the days when they might have been needed to keep order. Secondly, surely the proposed CCTV camera is intended to show the ballot paper being issued and put in the box, not to go behind the screen where the paper is marked.
Mr Jones
The hon. Gentleman says that, but what is to prevent someone from shifting the camera so that it covers the voting booths? My hon. Friend the Member for Vale of Clwyd also made a good point about cost. I think that many electors would find it intimidating to be filmed while they were performing their democratic right. I therefore think that this is a very strange suggestion from the Liberal Democrats. They rail against the Big Brother state a lot, but this would be taking the Big Brother state to a huge and strange conclusion.
I also find it strange that the hon. Member for Birmingham, Yardley is in favour of people marking their fingers. Again, I am not sure that that would go down well in my constituency.
John Hemming
As I said, I think that it creates an emotional attachment, but I do not think that it is a good solution.
Chris Ruane
For the record, I want my hon. Friend and the rest of the Committee to know that that was a joke. I was not honestly suggesting that we put ink on the end of people’s noses.
Mr Jones
Having known my hon. Friend for many years, I know his sense of humour and will take his comment in that spirit. I certainly would not support electors having to have their fingers, noses or any other part of their anatomy dipped to show that they had voted.
I think that robust training for polling clerks is important. The safeguards are already there. The hon. Member for Worthing West (Sir Peter Bottomley) spoke about police officers at polling stations. That is a good idea where there are problems. If there are problems in certain wards, as hon. Members think there are, the Bill allows for community support officers to take that role. That is a good move because it will free up police resources. The mechanisms are there to ensure that the ballot is run fairly.
The hon. Member for Birmingham, Yardley made the accusation that somebody was giving out polling cards to the Labour party. His speech was interesting in that he said that the problem affects all parties, but did not name one case that involved his party, when we know that the Liberal Democrats have been at this on an industrial scale in parts of the country. If he has evidence of polling cards being given out, he should report it. The only problem comes if he bombards the police with 50-odd minor complaints. In that case, even I would consider him an irritant.
Mr Jones
I am not being funny, but if somebody turns themselves into a serial complainer, I can understand why an authority would start to ignore some of the complaints. The hon. Gentleman would be better off concentrating on specific cases on which he has hard evidence, rather than throwing complaints around like confetti, which is not helpful.
The other thing that will help the process is individual registration, which will ensure that the register is as up-to-date as possible. I reiterate that elections in this country are largely run fairly and correctly. We should keep reinforcing that message. When we had the pilots for all-postal and e-mail voting elections in the early 2000s, the report from the Electoral Commission was very positive. A council by-election in my area achieved a 67% turnout. If the number of votes cast is increased, the effect of minor fraud is diminished, so getting turnout up is important.
I accept that the constituency that the hon. Member for Birmingham, Yardley represents is very different from mine, and that there are communities that engage in electoral fraud. The effort should be made in those places, rather than there being a scatter-gun approach. I therefore see no reason for the new clauses. They are quite weak, because they do not prescribe what the action would be. They are not well thought out.
Finally, we should praise the many local returning officers and council chief executives who work very hard and are scrupulous in running elections.
Sir Peter Bottomley
The speech from the hon. Member for North Durham (Mr Jones) was interesting. It was like saying that 788 planes landed safely at Heathrow and that only one crashed, and then asking why we are spending our time on the crash.
The new clause is a probing suggestion that something should happen. Clearly, something should happen. It would be good if the Minister said that he will get the Association of Chief Police Officers together with the Electoral Commission, electoral registration officers and others to come up with a way of finding out how much of a problem there is—that means research—and a statement of how the police gain the information on which they can base prosecutions when problems are reported.
Mrs Laing
Yes. My hon. Friend once again comes up with an interesting contingency. Supposing someone at the front of the queue collapses or becomes ill and attention is thus diverted, the five or six people who are legitimately standing there at 10 or five minutes to 10, expecting without any problem to be given their ballot paper, cannot be given one if the clock strikes 10. That just cannot be right.
The courts—this is a statement of the law at present—have ruled:
“We are of the opinion that the true dividing line is the delivery of the ballot paper to the voter. If he has had a ballot paper delivered to him before”—
10 pm—
“he”—
I say “he”, because I think that the judgment was delivered before the female of the species was entitled to vote. Let us therefore bring this judgment of the courts up to date: when I say “he”, I mean “he” or “she”.
The judgment continues, finding that
“he is entitled in our judgment to mark that ballot paper and deposit it in the ballot box before the ballot box is closed and sealed. This interpretation of the enactment…appears to us to give a simple, definite, and just rule of procedure… As the polling commences at”—
7 am—
by the officials, and the machinery being ready then to supply ballot papers to voters who apply for them, so in our view the poll must be no longer ‘kept open’ beyond”—
10 pm—
“the officials then ceasing to supply ballot papers to applicants.”
That position, as stated in court, was confirmed most recently by an election court in Northern Ireland, which in 2001 stated:
“It was the duty of the presiding officer to close the poll at 10pm by ceasing to issue any more voting papers. So long as voting papers were issued by 10pm, however, if electors marked them and deposited them in the boxes without delay the votes were valid.”
The Electoral Commission, in guidance published for the Scottish elections in May this year, issued strict directions to presiding officers on what exactly should happen. Some people have argued that it would not be possible to determine where a queue ends and where exactly the cut-off point should be for people who are entitled to vote, but that criticism has to be nonsense. The presiding officer—surely, in a position of responsibility—will be able either to close the door or to usher people inside the polling station, and to say exactly where the cut-off point should be.
The guidance states:
“If there is a queue shortly before 10 pm”—
the presiding officer should—
“find out if anyone waiting is delivering a postal vote so that they can hand in the postal vote before the 10pm deadline; Make sure that nobody joins the queue after 10pm; If there is a queue at 10pm and if the polling station can accommodate all the electors in the queue, ask electors to move inside the polling station and close the doors behind the last elector in the queue”.
That is so simple. The guidance continues:
“If the polling station is too small to accommodate all the electors in the queue, a member of the polling station team should mark the end of the queue by positioning themselves behind the last elector in the queue”—
again, terribly simple and straightforward. The presiding officer, the guidance notes state, should also:
“Explain to anyone who arrives after 10 pm and tries to join the queue that the poll has closed and that, by law, they cannot now join the queue to be issued with a ballot paper.”
All that is terribly simple and straightforward.
Mr Kevan Jones
Does the hon. Lady agree that under the Bill a police officer, or a local community support officer acting with the same powers as the police, could be in attendance so that if there were any dispute they could ensure that people knew exactly where the end of the queue was?
Mrs Laing
The hon. Gentleman is absolutely correct. However, as I am sure the Committee will appreciate, this is not about an outbreak of violence, a riot, a demonstration, or unruly electors behaving in a somehow inappropriate fashion; it is about decent, law-abiding potential voters who turn up at a polling station before 10 o’clock, or whenever the close of poll might be, and find that because of some unforeseen contingency they do not get as far as having their ballot paper issued by that time.
Let me explain the difference that new clause 4 would make. At the moment, most people think that if they are in the polling station at 10 o’clock, they will get their ballot paper and be able to vote. That is a reasonable position, and the new clause would make it law. It is an unreasonable position to say that someone who has arrived at a polling station ahead of 10 o’clock, and for some unforeseen reason does not have a ballot paper issued, cannot still have one issued for a few minutes after that time. Nothing in the new clause would mean that the poll stayed open beyond 10 past or quarter past 10. We are talking about a very small amount of time for the sake of fairness. In the 2010 general election, 1,000 people were denied the opportunity to cast their vote when they had every right to do so. I am simply asking the Committee to bring the law up to date in order to give everybody who has the right to vote the chance to cast that vote.
Meg Hillier
I thank my hon. Friend for that. We need to ensure that we tighten this law now to make it fairer for electors. They would be upset that, having gone to the expense of another election and having come out to vote again, the election result and the will of the people could be affected by such a situation. That is indeed a serious concern. Rather than repeat the excellent arguments made, I rest my case there. I hope that the Government will introduce this change in this Bill to ensure that electors in my constituency never have to have this terrible experience again.
Mr Kevan Jones
I congratulate the hon. Member for Epping Forest (Mrs Laing) on tabling the new clause. She explained clearly that what we need to do is include in this Bill—we have an opportunity to do it—what is “reasonable” and “practical”, as she put it. We are not asking for any major changes to the system we use for elections in this country, but it was quite clear in 2010 that large numbers of people in some constituencies were denied the right to vote even though they intended to wait in queues to get into the polling stations, as the hon. Member for Harrow East (Bob Blackman) said.
One issue that needs to be clarified is that the new clause would help returning officers to know exactly what the law is, as there were different responses in different parts of the country. My hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) mentioned Sheffield. In the Sheffield Hallam constituency, long queues of students waited to vote for the now Deputy Prime Minister. I doubt they will have that problem at the next general election, but if they have such problems when they turn up to vote him out, those who have turned up to vote in reasonable time should be able to cast their ballot.
One issue mentioned by the hon. Lady, with which I agree, concerned the preparation for elections. For nearly 11 years, I was a councillor in Newcastle upon Tyne and in 2010 I went back to help with the general election in my old ward of Walkergate. I was shocked by what the Liberal Democrat administration had done to that ward by reducing the number of polling stations. Not only did people have to travel large distances to get to the polling station, as I mentioned the other day, but there was a capacity problem in trying physically to deal with the number of electors. Making the law clear would be helpful. As I understand it, in one polling station in Newcastle the returning officer took what was referred to afterwards as a “practical” and “common sense” step by allowing people into the polling station if they had arrived at 10 o’clock, locking the doors and allowing them to vote. If the law was clear, it would, as the hon. Lady said, be quite simple to know where the end of the queue was.
The new clause is long overdue and would help not only returning officers but the many thousands of constituents who were denied their vote in 2010. As we have said on numerous occasions during the passage of this Bill, that vote is the core of our democracy.
Mr Heath
I welcome you to the Chair, Mr Evans, and am grateful to the hon. Member for Epping Forest (Mrs Laing) for tabling her new clause. We have had a valuable debate involving the hon. Members for Penistone and Stocksbridge (Angela Smith), for Harrow East (Bob Blackman), for Hackney South and Shoreditch (Meg Hillier) and for North Durham (Mr Jones).
It is simply unacceptable that significant numbers of electors are unable to cast their vote due to the organisation of a polling station. It should never happen again and we must take steps to ensure that it does not. Those Members who have expressed their concern and even anger on behalf of their constituents are perfectly in order to do so, as such things should not happen.
I should also point out that only a small number of polling stations were involved: only 27 out of 40,000 across the country. That is not a representative sample of electoral arrangements in this country, and there were not many large queues at polling stations at close of poll that left people unable to cast their vote. That in no way reduces the impact on those who were affected, but it at least puts it in context.
The Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), has made it clear in everything he has said on this issue in Committee and in this House that the primary cause of the problems was a lack of effective planning by returning officers. That will be effected not by legislation but by administrative action to make sure that they do the job better in future to avoid those unacceptable scenes. They should ensure that enough polling stations are provided to accommodate the electors in each area. It is not acceptable for there to be too few polling stations. They should ensure that polling station staff have sufficient time and training to manage the flow of electors well, as they generally do in most parts of the country and in most elections. In some ways, the firm closure of the poll at 10 pm should concentrate returning officers’ minds to ensure that, given that it is hardly news that the poll will close at 10 pm, they have the right arrangements in place to ensure that a complete and smooth passage for those arriving seeking to vote is effected at that hour.
Chris Ruane
It is a pleasure to speak on Third Reading—the final part of this long debate. My interest in these matters goes back not just over recent years but over the past 10 years.
The hon. Member for Ceredigion (Mr Williams) mentioned that there was a feeling of conspiracy on the Opposition Benches and he is right. There are just reasons for that because there was a settled consensus in 2009 that this legislation would be introduced with the support of both sides of the House by 2015. During that six-year period there was to be an opportunity to raise electoral registration levels to their maximum so that we could have a full analysis of the drop and get people back on the register. It was all agreed and cut and dried after many years of debate that the date would be 2015, but the first act of the coalition was to bring that consensual date forward by a year. That might have been happenstance or coincidence, or it might have been that it would benefit them.
Mr Kevan Jones
Like my hon. Friend, I am not a conspiracy theorist, but one does not need to be a conspiracy theorist to look at the facts and see where this change and the redrawing of the boundaries came from. The Conservative party has learned from the United States, where the American Legislative Exchange Council, which backed and funded the Atlantic Bridge scheme in which senior Government members were involved, did exactly the same thing to make it more difficult for people to vote in local elections.
Chris Ruane
Absolutely. It was my hon. Friend himself who put me on to relevant websites. There are specific examples across the whole of the United States, and lo and behold they happen in Republican states. They call it voter frustration or voter suppression. There are examples of the poor and the black being kept off the register going back to the 1950s.
There is a feeling of conspiracy on the Opposition Benches because the date has been brought forward by one year. As I said, it might have been happenstance or coincidence, but I think it was a deliberate attempt to gain maximum political advantage first for the 2015 election and secondly for the redrawing of the freeze date for the next Boundary Commission in December 2015. There was particular concern on the Opposition Benches, and, I hope, on the Government Benches as well—I know that some senior Liberal Democrats were concerned—when the Electoral Commission said that the number of current unregistered voters was 6 million, not 3 million. I informed the House that I had told the Electoral Commission that two years previously and that it had said, “No.” Then it did the research and said, “Yes, you are right—it is 6 million but it is a different 6 million” from the figures I got from Experian. When it predicted that that 6 million would go to 16 million unregistered voters, we were at risk of becoming like a banana republic, with 40% of our electorate being off the register.
Chris Ruane
Let me set out a list of the constitutional changes that Labour implemented and the way in which we approached them. We changed the position in 2001 so that if someone did not put their name down for two years on the trot, they were taken off the register. That was the cause of the first big drop. Some 1 million to 2 million people came off the register as a result of the Labour Government’s action, and they were our voters. I thought it was daft, but we did it, even though it went against us.
In Scotland, a consensus was in place five years prior to devolution, meaning that everything had been squared with all sections of society. We introduced proportional representation for European elections when we did not need to, and we went from four Labour MEPs in Wales down to one.
Chris Ruane
Politically, they were all mistakes, but constitutionally it may have been the right thing to do.
When PR for local government was introduced in Scotland, Labour lost its natural base. Had we not introduced the change, we could have been in control of local government in Scotland. We also introduced devolution for Wales, Scotland and Northern Ireland. In 1997, we had a huge majority of 180, so we could have railroaded those proposals through and used first past the post for the devolved Administrations, but instead we used proportional representation. All Labour’s constitutional changes were neither party political nor politicised, and that is the big difference compared with this Government’s constitutional changes. The Deputy Prime Minister said that his proposals were the biggest constitutional change since 1832, and House of Lords reform is probably the biggest constitutional change since Magna Carta or 1066, but they are all being rushed through for party political advantage. A Government who use party political advantage on constitutional measures set a dangerous precedent because the party that comes in after them might do exactly the same thing, so it becomes a zero-sum game. Such measures should be taken forward with party political consensus.
I give some credit to the Government—this is the nice part of my speech, although there will be a sting in the tail—because, despite their initial position of intransigence, their Ministers then listened. That was only because the Opposition’s excellent Front-Bench team took the issues out to wider society, such as the Electoral Reform Society, Unlock Democracy and Age Concern. Those organisations held meetings in the House of Commons, took evidence and contacted the Government. The Electoral Commission, the independent monitoring voice, had massive concerns about the proposals. I also pay tribute to the Political and Constitutional Reform Committee under its excellent Chair, my hon. Friend the Member for Nottingham North (Mr Allen), which took evidence and produced a consensual report containing strong recommendations. Our Front-Bench team has shown strong leadership throughout the process.
The hon. Member for Ceredigion mentioned Denbighshire county council, and while I am giving out plaudits, I pay tribute to the council and its electoral registration officer, Gareth Evans, for increasing elector registrations in Vale of Clwyd from 47,000 to 57,000 over five years. I pay tribute also to the leadership of the chief executive, Mohammed Mehmet, who was the one who issued the letters to the non-responders, saying that if they did not fill in their electoral registration form, he would turn them over to the county council’s solicitors and they would be fined £1,000. That had a big impact and increased registration. Even in the Rhyl West ward, one of the poorest wards in the whole country, with 900 houses in multiple occupation, registration increased from 2,500 to 3,500 electors.
Now for the sting in the tail. I am pleased with the concessions made so far, but there are two outstanding concessions that we want. If the Minister were to say that he was prepared to listen to us on this, we may not vote against Third Reading. The first concession that we seek is on the next boundary date—2015. There needs to be a carry-over from the old register to the new register. The second is a carry-over for postal ballots. There can be no reason whatever for not accepting this, except party political advantage. I warn the Liberal Democrat part of the coalition to be very wary. The advantage will be for the Conservatives, and it will come up and bite the Liberal Democrats from behind in the inner cities, where they have some presence, and in the south-west, if they do not sort the issue out.
The House of Lords Reform Bill was printed today. It states that the freeze date for that election will be December 2011, so there will still be 6 million people missing from the register. Remember, those who are elected—the new Lords or senators or whatever they are—will be elected for a 15-year period, so if those 6 million people cannot participate in the first vote, they will have to wait about 18 years before they can have any influence on who represents them in the other place.
Mr Kevan Jones
On electoral registration and issues to do with election, there has always been a degree of consensus in the House, which has ensured that it is not a political issue and that there is cross-party support for any changes that are introduced. But on the Bill and the boundary changes, we have seen a politicisation of the arguments.
We do not have to look very far to see where that came from. Individuals in the Conservative party were determined to use this Bill and the Parliamentary Voting Systems and Constituencies Bill to gain political advantage. They learned that from the United States, where the American Legislative Exchange Council has been trumpeting these changes, which, as my hon. Friend the Member for Vale of Clwyd (Chris Ruane) said, have made it more difficult for other people to register to vote or actually to vote in elections. That is exactly where the policy came from. What was the connection? The Atlantic Bridge, of which senior members of the Government were members, was supported and paid for by that organisation, which is sponsored mainly by wealthy right-wing neo-cons in the United States.
Has the Bill been improved? Yes, it has, because of the outrage that has been generated. I do not include in what I have just said the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper). He is increasingly becoming the Minister for dealing with sticky sticks. He is obviously going to—
Mr Jones
I certainly did. I am far too polite to suggest anything other of the Minister. He is a fine gentleman. He dealt with the Parliamentary Voting System and Constituencies Act 2011, he has had this Bill to deal with and he has Lords reform to deal with. I look forward to the long debates that we will have on that. Overall, the hon. Gentleman has tried to do the right thing.
Has the Bill been improved, or have the most radical and extreme parts of it been expunged through the process of pre-legislative scrutiny and Committee? Yes. Like my hon. Friend the Member for Vale of Clwyd, I pay tribute to the Select Committee for the work that it has done, to the various outside bodies, such as Unlock Democracy and the Electoral Reform Society, and to the Electoral Commission, which focused on the fact that if the Bill had remained in its original format it could have changed democracy in this country. The idea of being able to opt out of the register was clearly designed to make things harder and push down the register in certain areas. Just by chance they are the inner-city seats that are mainly represented by the Labour party.
Chris Ruane
My hon. Friend refers to the fact that if the Bill had gone through in its original form it would have damaged democracy. Does he agree that we could have been looking at a British coup?
Mr Jones
Yes, and that is what is sad about what the Bill has done. When any legislation to do with elections or boundaries came before the House it was always consensual. This has been highly political, as the opt-out clearly was.
The Liberal Democrats’ position is very strange. As I said the other day, it is the first time I have seen turkeys voting for Christmas. They are doing it yet again on this Bill. They think that they will get some advantage out of it, but I just do not see that at all.
I am still concerned about how the Government will deal with the penalty. If it is a derisory amount, will it be effective? I do not think that it will be. I wait for the Government to come forward with that. The measures were clearly designed to hamper registration and make it difficult for people to register to vote. As democrats, we should be encouraging people not only to vote, but also to get on the electoral register. As I said on Monday, the important thing is not only to get people on the register, but for it to be accurate.
A lot of things have changed since the last general election when the Liberal Democrats were in opposition, but I want to read what the then Liberal Democrat Member for Cambridge, David Howarth, said in the House on 13 July 2009. He said:
“The validity and credibility of democratic elections depend both on the register being comprehensive and on its having a great deal of integrity. If the register is not comprehensive, it is not the electorate who are making a choice but some subset of the electorate. If it is not secure and we cannot be sure that the people whose votes are being counted are electors, that people are not voting more than once or that there is not fraud going on, equally there is a threat to democratic credibility…I do not think that anybody”—
[Interruption.] If the Minister is patient, I am coming on to the issue around changing the date in terms of using the register for the 2015 boundaries.
David Howarth went on to say:
“I do not think that anybody was suggesting that the timetable be artificially shortened, or that any risk be taken with the comprehensiveness of the register.”—[Official Report, 13 July 2009; Vol. 496, c. 111-2.]
But that is exactly what the Government are doing and that is exactly the situation we will face if the carry-over is used for the 2015 boundaries. The Conservatives know exactly what they are doing. They know that the register will be depleted and, as my hon. Friend the Member for Caerphilly (Wayne David) said earlier, if the money assigned for electoral registration is not ring-fenced, in certain parts of the country no real effort will be put into ensuring that the register is as complete as possible, no matter how much guidance and encouragement is given nationally to local councils, and my hon. Friend the Member for Vale of Clwyd gave an example the other day relating to the leader of Islington council.
I also have great fears about the data matching. I think that it is a good idea to rely not just on the annual canvass, but to use other methods as well. Durham county council has pioneered that and my hon. Friend the Member for Caerphilly raised another good example. But if local councils are faced with budget cuts and they can get out of doing the annual canvass, they will, which will deplete the register even further. I think that the annual canvass will be more important in the early stages of individual registration than it is today. The only way to get to hard-to-reach communities practically will be through individual canvasses of those electorates, as my hon. Friend the Member for Caerphilly said earlier and as the hon. Member for Hendon (Dr Offord) said excellently yesterday when speaking to his amendment, particularly in relation to disabled people and those who have difficulty either accessing the registration forms or filling them in. Therefore, I fear that there are things in the Bill that will be used by certain people to ensure not only that it is harder to get on the register, but that there are disincentives for doing so.
The most scandalous thing in the Bill, as my hon. Friend the Member for Caerphilly has already said, is the carry-over relating to the 2015 boundary changes. It will be interesting to see what the Government do if there is a big drop, which is clearly possible. Clearly such a drop will not be in the more affluent areas represented mainly by the Conservative party. As my right hon. Friend the Member for Holborn and St Pancras (Frank Dobson), said, it will be in the inner-city London constituencies such as his and others where the register will drop substantially. That will then affect the figures that will be used to draw up the new boundaries. They will therefore be artificial and will not truly reflect the electorates.
We should be encouraging people to get on the electoral register, but what the Government are aiming for here—we know why the Conservatives are doing it—is to ensure that those people are not taken into account when the new boundaries are drawn up. I will give an example from the present redrawing of the boundaries. Durham county council, when it came into being, took responsibility for electoral registration; before it was a unitary council, seven district councils were responsible. Registration was patchy in different parts and the councils all did it in different ways. I described the other day how in some areas, such as Derwentside, it was obvious to see that there were mistakes in the register but the council made no effort to address the gaps. When the county council took responsibility, it made a real effort to ensure that the register was as accurate as possible. It put over 12,000 missing electors on the register, and that had an impact on the boundary commission’s deliberations for the recommendations in the latest redrawing of boundaries. In the city of Durham, for example, a lot of students were not on the register, but they were put on and that had an effect, so there is clearly going to be an effect if we do not have such a carry-over. The Political and Constitutional Reform Committee was very clear about that, and its Chair said:
“There are real risks in moving to a new system, not least that people with the right to vote could fall off the electoral roll in large numbers. This would be damaging to democracy, to public engagement in politics, and to the fairness of the basis on which MPs are elected.”
That is fundamental, and if we read the report we find that, even though the Committee has a Labour Chair, those sentiments are shared across the political spectrum.
Dr Stuart Wilks-Heeg of the University of Liverpool said in evidence on 8 September 2011:
“If we do see a large number of people drop off the registers, even if in all likelihood they are not going to vote, that will have a profound implication for the redrawing of boundaries under the new rules that have just gone through.”
My hon. Friend the Member for Caerphilly asked, as my hon. Friend the Member for Vale of Clwyd did earlier, I think, whether the Government have provided a good explanation for introducing the measure. No, they have not.
My hon. Friend the Member for Caerphilly said that, in the previous Parliament when we introduced individual registration, there was consensus on the timetable, and it is more important to get the measure right and to make the register comprehensive than it is to do what the Conservative party in the coalition is doing, which is to make it more difficult to create an accurate register, meaning that the boundaries will be affected when they are redrawn.
The other strange thing that I cannot understand is why those who have postal and proxy votes will not be carried over, either. My hon. Friend the Member for Caerphilly referred to his 86-year-old mother, and her situation will be replicated throughout the country by disabled people and people who have had postal votes for many years, as they will think that, because they have one, it will continue on and on. It will not. If we do not engage with those individuals, we will find that large numbers of a very vulnerable section of society, are disfranchised. My hon. Friend said that MIND and other pressure groups dealing with that section of society have argued against the measure, but the Government seem to be ignoring them, and in Committee of the whole House I did not hear any explanation for it.
Major changes have been made to the Bill, and it is better than the one we started with, but it still has within it that bit of poison, which the Conservatives will use in their attempt to gerrymander the next boundary review, and that is why I will not support it on Third Reading.
Electoral Registration and Administration Bill
Lord Beamish Excerpts(12 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Frank Dobson (Holborn and St Pancras) (Lab)
The annual canvass has been, and for the moment still is, the principal method by which we keep the electoral register up to date and accurate, in so far as it is up to date and accurate. I do not think that anyone believes that the current situation is satisfactory, but what we want is improvement, not reduction.
My constituency is rather strange in nature, not simply because it has elected me in eight successive elections, but because it has a huge electorate. It numbered some 87,000 people at the last general election and I understand from the registration officer that the total is now 94,000 electors. That gives me 26,000 more electors than the Deputy Prime Minister and, remarkably, 26,000 more than the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper).
Equally different is the turnover of electors, which in my constituency is phenomenal. It has always been high, partly because of the large number of students and young people in the area. People arrive and get a job, and then they decide that they would be better off doing the same job in Lincoln, Scunthorpe or Bolton, usually because the cost of renting or buying a house would be much lower.
We have a massive turnover all the time, and the Government’s proposed housing benefit changes, which will be introduced at the same time as proposals in the Bill, will also lead to an increased movement of people—they will certainly move out of the area, but I am not sure whether they will come in—so the coalition’s social cleansing policies will have an effect on the need for the canvass. The Prime Minister’s latest essay—he wants to knock off housing benefit given to anyone under 25—is also likely to increase turnover in my area.
It is worth reporting that, last year, for the whole of Camden, the annual canvass added 27,000 electors, but also deducted 27,000 electors, which reflects the massive turnover in both my constituency and the Hampstead and Kilburn constituency. It also indicates that the annual canvass is important from the point of view not just of numbers, but of accuracy—it is the principal means by which people who are no longer entitled to vote disappear off the register. The Government and some outside the House who are fanatical about their proposals seem to ignore that.
The annual canvass is the bedrock of the current system—it is not peripheral; it is at the heart of it. Any other means that the Government propose to improve electoral registration, both so that the 6 million people who are entitled to be on the register get on it, and so that the register is accurate, must be introduced only to augment the annual canvass. The canvass still does an important task, and is likely—this is my opinion, and no more—to carry it out more effectively than the proposals.
It seems totally improper to suggest that the annual canvass could disappear before we know the overall effects of all the new changes. Even if the Opposition have tabled no amendment to that effect in Committee, we should perhaps table one on Report. I would hope all hon. Members agree that an annual canvass must be carried out if the numbers come down as a result of the changes, and that we cannot accept a reduction in the number of people on the registers.
Government Members have once or twice quoted judges who have said that registration is currently like something we might find in a banana republic. I suspect that most banana republics would like to give a Minister, without parliamentary approval, the right to end an annual canvass. Nothing should be left to the Minister’s discretion. If anything, the decision should come straight to the House from the Electoral Commission.
Mr Kevan Jones (North Durham) (Lab)
Any hon. Member who has played the role of election observer in different parts of the world will know that electoral observation organisations apply themselves to one key thing: ensuring the accuracy of the electoral register. As my right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) said, the canvass is an integral part of the electoral system, not only to ensure that there is no fraud—cases in certain communities have been highlighted—but to ensure that the register is as accurate and up to date as possible. As an ex-local councillor and an MP, I think it would give the person elected at a local council or other election confidence if they knew that the majority of electors were registered to vote. I accept that the annual canvass is more difficult to undertake in certain parts of the country than in others, but it will concentrate people’s minds on ensuring that they are on the electoral register.
Nick Smith (Blaenau Gwent) (Lab)
I support my hon. Friend’s emphasis on the annual canvass. I used to work as agent for my right hon. Friend the Member for Holborn and St Pancras (Frank Dobson), and I well remember the fluid population and our efforts to support voting, electoral registration and the annual canvass—efficient though the canvass, organised by Camden council, was. Does he agree that it is important to work with the private sector, particularly in these fast-changing times, to support data matching, particularly in respect of records that could support electoral registration? Such data matching could only boost electoral registration and get more people involved in the democratic process.
Mr Jones
I agree with my hon. Friend, although data matching has its limitations, given the turnover in the constituency of my right hon. Friend the Member for Holborn and St Pancras and in pockets of my constituency. We cannot leave it entirely to data matching, which is a useful tool but it will not get over the key problem of ensuring that the local register is as accurate as possible.
On the use of the private sector, let me provide the example of the new Durham county council. Before the formation of the unitary county council three years ago, seven district councils were responsible for electoral registration in County Durham. I have to say that their performance was patchy—some were good and some were bad. One benefit of the new county council taking responsibility for the register is a uniformity of approach. The county council put in extra effort when it was formed and contracted a company to do a full canvass to ensure that the register was as accurate as possible. That process—credit to the county council for doing it—put an extra 12,000 people on to the electoral register. I must thank the council, as that affected the size and the distributions when the parliamentary constituency boundaries and the new county council wards were redrawn. With 12,000 added through an intensive canvass, it shows what can be done in a rural county such as County Durham. I am not sure what would happen if that were not done in a constituency such as that of my right hon. Friend the Member for Holborn and St Pancras, for example. As I say, this has proved to be useful for the process.
The county council went down the road of ensuring as full a canvass as possible for another reason. I and others had noticed that entire streets or parts of them were missing altogether from the register. Was it that people living there suddenly decided in sequential order that they were not going to register? I do not think so. It was the consequence of errors made in the data inputting, so the canvass helped to identify the streets affected. I was aware of the problem and so were councils, and I believe that the gaps were raised by all political parties. The annual canvass is important for areas such as mine that have elections only every four years. Political parties out canvassing can sometimes spot mistakes and draw them to the attention of the electoral returning officer. Having an annual canvass becomes more important where elections are not annual, when these problems are likely to be less visible to the various political parties that are standing.
An annual canvass is important, too, for care homes and residential homes, some of which, alas, have quite a large turnover, with residents coming in and out of respite care and, unfortunately, with people dying during the year. If we are not careful, the register will get badly out of shape in respect of people living in residential and sheltered accommodation and in care homes. It might be said that it affects only 30 or 40 people at a time in each care home, but if we add that up across County Durham, it means a lot of individuals. I am not criticising any individuals running care homes and similar organisations, but when a resident unfortunately dies it is not the top priority to write to the electoral registration officer to say that someone has passed on and that they are going to re-register the new individual living there. This is another example, therefore, of where an annual canvass helps. In my experience, the residential care manager or owner can be quite helpful in ensuring that the information provided is as accurate as possible. It is obviously not nice for any political party to send direct mail, as we all do, to homes where people are deceased, so an annual canvass could be an effective way of helping to ensure that that is prevented.
My right hon. Friend the Member for Holborn and St Pancras Friend touched on the issue of students. My constituency does not contain a large student population, but the city of Durham certainly does, and any Member whose constituency contains a large number of students will know that there is quite a high turnover. I am thinking not just of the halls of residence that exist in parts of Newcastle that I know very well, and in parts of Durham, but of the fact that students move around and may not stay in the same house for two or three years. Members of that large population—who, I hasten to add, are using local services—are not reflected in any of the data, not only in terms of voting but in terms of electoral boundaries. They are nowhere to be seen. I think that the annual canvass has helped in that regard. Durham county council undertook an exercise to ensure that its register was as up to date as possible, and found that the number of voters in the city of Durham had increased by nearly 4,500. I suspect that most of them were students.
My right hon. Friend also mentioned welfare benefit changes. People with an extra bedroom are to lose their right to a proportion of their housing benefit, which I expect to increase the amount of movement, certainly in my constituency. I do not know what will happen in parts of London, where people are on a kind of merry-go-round, moving constantly from one type of social housing to another. That increase in movement will make the annual canvass more important. In parts of my constituency, such as Stanley and Chester-le-Street, there is a large concentration of private sector landlords. Once the benefit changes come into effect, people will move, because they will no longer be able to afford to live in their homes. How can we reflect that in the register?
What I am going to say now may sound strange, but it is a fact. In the north-east of England, the legacy of those infamous old days of the poll tax remains. People used not to register because they thought that that would be a way of getting out of paying the tax. In parts of my constituency that thinking remains, and people still refer to council tax as “the poll tax” . That did a lot of damage to people’s awareness of the civic duty to register, which I have always found to be very strong among older members of the population. They tend always to send in the forms and to vote, but that poll tax legacy is still there. I suspect that the only way of tackling it is to knock on people’s doors and ask them who lives in their houses.
There is another issue, which does not affect my constituency. I was very saddened by the way in which the last Government reacted to the Daily Mail agenda. Mine was one of the few constituencies that experimented with all-postal ballots, which were very successful. According to the Electoral Commission’s report, there was, overall, a very small amount of fraud, and the fraud that did occur was concentrated mainly in certain types of community in such places as Birmingham and Bradford. In one county council by-election in my constituency there was a 67% turnout under the postal ballot system. Sadly, however, the last Government and the Electoral Commission took fright following headlines that focused—rightly—on fraud that had taken place in some inner-city, mainly Asian, communities.
Mark Tami (Alyn and Deeside) (Lab)
My hon. Friend is making a powerful case. The key is finding a way of increasing turnout. If turnout increases, fraud becomes far more difficult, because it is not so easy to influence the result. Low turnouts, and low registration, make fraud easier.
Mr Jones
My hon. Friend makes an excellent point, and I was about to make the following observation: if we want to clamp down on fraud, we must ensure that the register is as accurate as possible. The only way of doing that is by knocking on doors and actually talking to people in the communities concerned. If we have a more accurate register, that will lead to less electoral fraud.
I do not understand why this measure has been proposed. I will support any step that helps to ensure the register is up to date, such as data matching, but the annual canvass should be our fall-back position. Whatever system we use—telephone calls, data matching or even door knocking —will we never achieve 100% elector registration, but the canvass will help us spot homes that are being used for electoral fraud.
We sometimes find that there are children as young as five or six on the electoral register, because parents have misunderstood the form and entered their names on it. [Interruption.] Well, I am sure they do vote in some places, but knocking on doors and conducting the annual canvass is a way of preventing that. I therefore do not understand why the annual canvass is not seen as an exercise that should be welcomed. From speaking to the individuals who carry it out, it appears to be difficult to do, however. Indeed, in the constituency of my right hon. Friend the Member for Holborn and St Pancras it must at times be near-impossible to keep track, and to gain access to some of the properties.
Angela Smith
Does my hon. Friend agree that it is important to maintain the annual canvass because although a local authority might know who the council tax payers are within a household, there might also be lodgers living there? If the annual canvass is abolished, such people may well not get on to the electoral register.
Mr Jones
My hon. Friend makes a very good point.
I do not think I have a single high-rise block in my constituency—the highest buildings are about four storeys—but there are such blocks in the part of Newcastle I used to represent, and the turnover of residents was often very high. Finding out who pays the council tax gives an idea of who is living in any given household, however. We must also recognise that modern-day families and lives can be very complicated.
The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)
I am delighted to serve under your chairmanship this afternoon, Ms Primarolo, and to return to what is a very important Bill. We have reached clause 6, and it is important for Members who have not had the opportunity to study the Bill in as much detail as they might like to realise that the clause is qualified by those that follow, so they need to be read together.
The hon. Member for Penistone and Stocksbridge (Angela Smith) has tabled a series of amendments this afternoon, none of which has an explanatory memorandum. Back-Bench Members—for example, the hon. Member for Hendon (Dr Offord)—could manage an explanatory memorandum but apparently the official Opposition could not. That is a great shame, given what the Procedure Committee has asked us to do, but never mind—let us address the issues.
A casual observer of this debate would believe that the Government are proceeding willy-nilly with the abolition of the annual canvass and that the Labour party has a principled opposition to abolition, whereas in fact, neither of those propositions is correct. First, we have made it abundantly clear that we do not intend to get rid of the annual canvass, certainly in the immediate future. In fact, only one Government have abolished the annual canvass: the last Labour Government, who abolished it in 2006 for Northern Ireland. So, we are talking about the canvass for Great Britain only, not for the whole of the United Kingdom, because Labour did not feel that all these pressing arguments in favour of the annual canvass applied when they peremptorily removed it in Northern Ireland’s case. We must therefore listen to their arguments in that context.
Mr Jones
I am not taking any lessons from the Liberal Democrats, who, frankly, promised a lot of things and then voted against them in this place. Come on—the Minister knows why that was done in Northern Ireland: it was a question of the practicalities of doing the canvass. To draw an analogy between that and today’s proposal is absolute nonsense.
Mr Heath
I am afraid that it is simply incorrect to say that the argument was about anything other than the introduction of individual electoral registration. That was the argument and the reason why the previous Government acted as they did, and they made no attempt to bring the provision back.
Setting aside that argument, we have also had assertions that Ministers intend to remove, by decree, the annual canvass. However, anyone who actually reads the legislation can see clearly that the procedure as set out first requires a report of the Electoral Commission—uniquely—and affirmative resolution. Therefore, it is Parliament, not Ministers, who would decide whether it was appropriate to take such action, an important safeguard that the House really should not ignore.
Mr Heath
I do not think that Parliament is normally required to do anything, and this will be a power for Parliament, not for Ministers. We would be treading a strange constitutional path if this Parliament were to require any future Parliament to make any enactment. The power is there to reinstate the canvass without the need for further primary legislation in order to enable the then Government, whoever they are, to react promptly and effectively if necessary. I honestly do not believe that will apply because there are no circumstances in which the annual canvass would be removed without its being absolutely clear, from all the information to hand, that it would not have a detrimental effect on the completeness and the effectiveness of the register.
Mr Kevan Jones
The effect of a more efficient method may be different in different areas. In my more rural static communities, the result of removing the annual canvass might not be a greater drop in accuracy than in my right hon. Friend’s Holborn and St Pancras constituency. The Liberal Democrats seem to vote through whatever this coalition Government want, but what would the Minister say if a future Government received an indication that registration dropped in constituencies held by their opponents? There would be no onus on the Government of the day or on Parliament to insist on the annual canvass being reinstated in a certain constituency.
Mr Heath
I repeat: this is a power for Parliament and I expect Parliament to use it sensibly because I believe—contrary to all the evidence—that most Members of Parliament want our democratic system to work as effectively as possible. Yes, the hon. Gentleman is right that there are differences between constituencies. The electorate in my constituency is almost the same as the electorate in the constituency of the right hon. Member for Holborn and St Pancras, but demographically the two are very different and a comparison between them would be almost meaningless in those terms. The right mechanism in his constituency might be completely wrong for mine and there may be better and more effective measures we can deploy—as long as we are clear that our intention is to have in every constituency a register that is as complete and as accurate as we can manage.
Mr Kevan Jones
I congratulate the hon. Gentleman on tabling the amendment. How will electoral officers be able to identify the individuals? Will it be through the canvass, which is the main issue, or another method?
Dr Offord
It will be through the canvass. I hope, as I continue with my speech, that it will become clearer to the hon. Gentleman and the Minister what I seek to achieve by tabling the amendment.
The introduction of individual registration allows blind and disabled electors to specify at registration the format in which they wish to receive the information, including Braille, tape, large print, easy read, and so on. That would mean that a blind elector could specify when registering to vote that they would need to receive a polling card in a Braille or other format, or that they would require an audio postal vote application form. Allowing individuals to specify what format they need enables EROs to plan more effectively and meet the needs of a variety of disabled people who all encounter different barriers. Gathering data on voters’ preferred formats would enable EROs to send forms and information in that appropriate format and avoid having to make assumptions about voters’ needs. For instance, while Braille is used by some blind people, other formats may be just as important for blind and partially sighted people, including large print.
The registration form could also capture requirements to enable physical access to the polling station or for the support that voters may need in casting a vote. Provided that such information is shared with a returning officer, it could be used to ensure that those needs are met in the run-up to polling day and on polling day itself. It should be obvious, for instance, which voters may need a large print ballot paper and how many copies need to be provided at one or other polling station.
Recording information on access needs could not only be used to inform planning by electoral administrators, but is consistent with the Government’s goals in introducing individual registration to encourage individuals to take responsibility for registering themselves to vote. It should also be up to an individual to specify what alternative format they prefer. It is well known that the transition to IER is taking place in a climate of significant pressures on electoral budgets. Providing alternative formats involves some cost, but it is important to recognise that such a provision would not place any additional duties on EROs other than those they already have. Rather than increasing costs, such a measure would allow existing resources to be used more effectively.
I have tabled the amendment to support the recommendation made by the Electoral Commission for a scheme to be piloted that would involve EROs asking for individual access needs of electors at the point of registration. Piloting that would provide valuable guidance to EROs on the most suitable system for maintaining registration forms and their associated access needs records, as well as allow the Government to assess the merits for such a provision to be rolled out.
I hope that the Minister decides to accept the amendment, because I remain unaware of the validity of any claim that under the current legislation the Government already have sufficient powers to introduce the pilot—a view supported by the Electoral Commission and disability groups such as Scope, which have already impressed it on the Government. However, if it is asserted that that power already exists in other legislation, I can tell the Minister that the amendment would specifically ensure that the registration process itself is used to identify and meet access needs. No other legislation provides for the registration process to be used for that purpose. Given that, I believe the registration process to be the most effective mechanism for achieving both improvements for disabled people and benefits for electoral staff.
Dr Offord
I am grateful to my hon. Friend for his intervention. He is entirely right. This will be an opportunity to define what people need so that we can ensure that EROs’ resources are used most effectively and that the electoral registration process is suitable for blind and partially sighted people.
It may be asserted that such a provision already exists in the Bill, under the power to make regulations in clause 2. That will give the Secretary of State the power to prescribe the type of evidence that a person must provide to establish eligibility to register to vote. The Government could argue that that includes a power to ensure that access needs are recorded at registration, but I believe that the clause is limited to prescribing evidence that is needed to establish eligibility and therefore cannot be used to achieve the same purpose as my amendment.
I believe that the Minister is a considerate man. If he chooses not to accept the amendment, will he please explain where he believes the power currently lies for the Government to carry out a pilot scheme in order to provide assurances about how information, forms and notices relating to the electoral process in alternative forms will be provided to blind and disabled people at future elections, and will he indicate when that will be achieved?
Mr Kevan Jones
May I welcome you to the Chair, Mr Scott, and say what a pleasure it is to serve under your chairmanship for the first time?
I congratulate the hon. Member for Hendon (Dr Offord) on tabling the amendment. It has two aspects: first, it is clearly about people’s right to vote, and secondly, it rightly raises the issue of registration in the first place. It is often assumed that people who are disabled, partially sighted or who have no sight will fill out the registration forms when they receive them or have someone else do it for them, so what he proposes is very important.
The key point, to return to the previous debate, relates to the annual canvass, because the only way of finding some of these individuals is to knock on doors and assess their needs. The hon. Gentleman mentioned the format of ballot papers and the information people receive on how to register. He said that there are potentially around 15,000 disabled people in each parliamentary constituency, so we are not talking about a small number of individuals. It has long been one of my gripes that in certain areas where I have acted either as an agent or a candidate, many returning officers have only recently taken note of accessibility to polling stations, let alone of the suggestion for making registration information and ballot papers more accessible.
The reason for having a pilot is that it would show some new methods for achieving that and indicate whether they could be rolled out nationally. We also need to think a little out of the box on this. I know the Electoral Commission has done that before, but it has always shied away from postal voting and e-voting, for example, which for many partially sighted people would be better than going to a polling station. My mother is partially signed but does not read Braille, so the suggestion that she could vote by computer, for example, would be a good one for her.
Such pilots would be worth doing. We had a pilot in Durham several years ago and, overall, texting, a full postal ballot and e-voting were very successful. The Electoral Commission’s report was very positive, but unfortunately, as I said in the previous debate, it got cold feet because of some of the headlines about electoral fraud. I think that allowing the possibility of electronic voting for disabled people would be a step forward and that what the hon. Gentleman proposes would be a way of trialling it in certain areas.
It would be important to involve not only the major national charities so that they can talk about this, but the many local voluntary groups that support disabled individuals in the home. Care workers and local authorities could certainly play a role, and housing associations and others could identify where there might be large concentrations of people with physical or visual impairments, which would be very valuable. I wonder whether part of the pilot could put an onus on electoral registration officers to work with care homes, sheltered accommodation and local charities and support groups to be able to identify these people, first to ensure that they are registered in the first place—I am sure that many should be but are not—and secondly to explain the process to them.
When canvassing, it never ceases to amaze me how many people I come across who clearly need a postal or proxy vote because of a physical disability but who do not have them, either because they do not understand how the process works or because they think that they would somehow have to struggle to the polling station and know that physically they could not get there. Therefore, the pilot could be not only for testing the different methods for providing information in the largest type and Braille or for e-voting and other things, as the hon. Gentleman said, but—the Minister should take this on board—for explaining to many disabled people the different ways in which they can vote, because from my experience I do not think that many understand postal voting or recognise that they can apply for it.
I remember that under the old system someone had to tick a box and get a doctor or state-registered nurse to sign it, which was a bit of a palaver, but this would be a way of extending access to a group of people who, as the hon. Member for Hendon rightly identified, are perhaps not at the top of people’s priorities in the electoral process. They are—I think he would agree with this—a constituency that has a lot of issues that local councils, MPs and others need to take into account. The one way they can hold their elected officials, whether councillors or MPs, to account is through the ballot box, but if they cannot cast their vote or do not know how to do that, or if it is physically impossible for them to access that process, that constituency is hindered.
I support the amendment. It would be a valuable thing to pilot the hon. Gentleman’s suggestions in areas so that lessons could be learned. It would be a useful process to have ongoing pilots because they would provide a body of evidence for electoral returning officers, not only showing new ways of doing things but, in some cases. making them mandatory to ensure that, as he said, people are asked about disability, because if they are not how will a returning officer or anyone else know what the individual’s needs are?
Angela Smith
I congratulate the hon. Member for Hendon (Dr Offord) on tabling a very important amendment, which we support for all the reasons that he and my hon. Friend the Member for North Durham (Mr Jones) have outlined.
The measures are supported by Age UK, Mencap, the Royal National Institute of Blind People, Scope and Sense, and by the Electoral Commission, which importantly reminds us, however, that the Government would need to ensure that the pilots were properly evaluated before any wider roll-out of the proposal. The commission has also made it clear that it would be prepared to carry out such an evaluation.
The Bill provides an opportunity to go as far as we possibly can in securing opportunities to improve significantly participation in the democratic process by disabled and older voters, and the amendment would do so in two parts. It outlines proposals for pilots on the format used in the initial registration process, and, on the need for a variety of formats when it comes to registering to vote, the obvious example is that of partially sighted and blind citizens.
There are those beyond the partially sighted and the blind, however, who will not be able to sign registration forms or documents for one reason or another—perhaps because they have a physical disability that makes it hard for them to write or to use a pen. We have to remember also that, beyond the more severe and profound disabilities that unfortunately many citizens have to cope with, there are those who suffer from the more minor disabilities, such as dyslexia or dyscalculia, which mean that in many instances the completion of a form would be a major obstacle to claiming the right to register to vote.
Many people suffering from, for instance, dyslexia find the use of IT incredibly helpful in overcoming their disability. It is surprising, but I saw it when I was the local authority cabinet member for education in Sheffield, where I was lucky enough to witness the introduction of interactive whiteboards in classrooms and the use of IT tablets for participation in classroom learning. It was incredible to see how helpful IT could be in overcoming something that to many of us seems a minor disability, but which to those who suffer from it can be a major obstacle to participation in the right to vote.
Over and above that, I have also seen how individuals on the autistic spectrum benefit significantly from access to IT, and we in this House need to acknowledge that a wide range of formats could undoubtedly be adapted and used in the registration process.
Polls Apart research has found that many disabled voters experience difficulty in receiving information, forms and notices relating to the electoral process in a format that they can access, so the evidence is not just anecdotal but on the record. The Electoral Commission has recognised its existence and would like Parliament to act on it.
On polling stations, every Member will be more than aware of the problems experienced by a range of people with disabilities when claiming the right physically to register their vote on polling day, and I am sure that we, as politicians involved in election campaigns, have all taken voters to polling stations in our cars to exercise their right to vote. We know what it is like to see voters coping with crutches, wheelchairs and sometimes, because of infirmity due to age or disability, just the sheer effort of walking from the car to the polling station.
The partially sighted and the blind, equally, are presented with problems when physically presenting themselves at the polling station in order to claim the right to vote.
Mr Kevan Jones
Does my hon. Friend agree that a surprising number of elderly people, in particular, who become housebound through age or disability do not know about their right to a postal vote? As part of the assessment proposed by the hon. Member for Hendon (Dr Offord), should they not have that explained to them and be given help to apply for a postal vote?
Angela Smith
I completely agree. Back in 2004, south Yorkshire was selected as the pilot area for elections in which every vote was cast by post; we had an all-out postal ballot, as we called it. Not only did participation increase, but the process was particularly beneficial to those voters who, however accessible the polling station was, were never going to be physically able to get to it in the first place.
It is an indictment of our democracy that so many disabled voters should have to rely on lifts from political parties to exercise their democratic right to vote. That is not healthy, and my hon. Friend is absolutely right when he makes the point that we should do whatever is necessary to encourage the disabled to access postal votes and proxy voting so that they secure their right to a say in who their elected representatives are.
One disappointing feature of the Bill and an important part of the debate is that, when it comes to the carry-over provisions for the general election in 2015, postal votes will not be carried over to the register. That is worrying for democratic participation in the next general election, and more concerning is that its impact will probably be felt more deeply and profoundly by the disabled, the partially sighted and all the people whom we have been talking about. Labour Members have constantly made representations in this Committee about the removal of the entitlement to a postal vote for those citizens who are carried over to the register for the 2015 election.
One of the major problems in our democracy is that many polling stations are not accessible to the physically disabled. The obvious thing to do is to use new-build public buildings, such as schools, as they would be totally accessible. However, schools are increasingly resistant to being used as polling stations, partly because it disrupts the school day. There are also concerns about security, given that strangers are allowed to wander on and off the school premises to exercise their right to vote.
There is a major issue about accessibility to polling stations. I do not pretend that the amendment would deal with the whole problem, but it would at least place the onus on the Government. We are talking not about party politics, but about something profoundly important —the onus on the Government to ensure that they do their utmost to deal with problems of physical access to polling stations.
Mr Jones
Does my hon. Friend agree that the number of polling stations is important as well? On accessibility, we should not go down the road taken by Newcastle city council when the Liberal Democrats were in charge—to save money, it reduced the number of polling stations. When I went back to my old ward to canvass during elections, I was amazed at how few polling stations there were and at the distances that certain people had to travel to cast their votes.
Angela Smith
Again, my hon. Friend makes a valuable point. I represent the city of Sheffield and the borough of Barnsley in Parliament. As anybody who knows south Yorkshire will be aware, it is probably one of the hilliest areas in the country; Sheffield is probably the hilliest city in Great Britain. As my hon. Friend is well aware, it is built on seven hills; there are constant arguments about who lives in the hilliest part.
The key point is that the arguments about access to polling stations in the city are often entirely about how far away people are from their nearest polling station. The issue is not physical distance, but whether people have to climb up a hill to exercise their right to vote. That is a major issue in my area. Indeed, in this year’s elections, the problem was so acute in one of the polling districts that the local authority agreed to have a new polling station in a funeral parlour, which raised a few eyebrows locally. The local authority was desperate to increase levels of participation and given the difficulties due to the hilliness of the district, it was felt that the funeral parlour was the best solution to enable people to participate in the democratic process.
On the main point, there is a major issue of accessibility to polling stations in terms of distance and terrain. My hon. Friend is right: we need to maximise the number of polling stations in the first place, but we also need to think more carefully about how accessible those polling stations are.
Finally, I want to make a few comments about e-voting. The House has an ambition to move eventually towards a system of e-registering for the right to vote. Online registration has to be the way forward in the long term. I take the point made about broadband and rural areas, but many broadband problems are not to do with rural areas but with where BT has made infrastructure investments. Some of the urban areas in my constituency do not have superfast broadband, whereas some of the rural areas do.
Nevertheless, in the long term, e-registering is the way forward as we move towards the comprehensive electronic age. Equally, if we accept that e-registration is a legitimate way of encouraging the completeness of the electoral register, e-voting also has to be the way forward. My hon. Friend outlined some of the many ways in which we could introduce e-voting on a comprehensive scale. Whichever system people choose to use—voting online via the PC at work or voting by mobile phone or iPad—it must be right for us to begin properly to pilot access to e-voting. E-voting immediately improves accessibility to voting, particularly for disabled people. People with dyslexia and dyscalculia would also benefit from e-voting procedures.
Mr Heath
I genuinely welcome what the hon. Member for Hendon (Dr Offord) had to say about the amendment, for two reasons. First, he makes an extraordinarily important point about our electoral law and arrangements —that they should be inclusive. Secondly, on a personal note, he probably does not know, although some do, that in a former life I was an optician who had a lot to do with the visually impaired. I set up the all-party group on eye health and visual impairment because I thought the issue needed a higher profile. So the issue of accessibility is dear to my heart—certainly as far as the visually impaired are concerned, although of course it goes wider than that and other disabled groups are involved.
Providing accessibility to the registration process is important, and the hon. Member for Penistone and Stocksbridge (Angela Smith) made points about the voting process as well—whether at a polling station or by other means. It is nice that everybody in the House wants progress on the issue. What we have put in train by virtue of the Bill will allow and provide for yet more work to be done to make sure that the register is as complete as possible, and that includes the needs of people with disabilities.
The hon. Member for North Durham (Mr Jones) mentioned the importance of the canvass but added that other means must be available. I entirely agree. The suggestions on data matching in the Bill provide electoral registration officers with a wider palette of opportunities to consult the register of blind and partially sighted people —they can consult it now, although they do not necessarily do so. The evidence that local authorities have of people with disability or impairment will enable them to do a more complete job of ensuring inclusion.
Mr Kevan Jones
I totally agree. Another source that local authorities could use is the blue badge scheme, which most administer.
Mr Heath
Precisely. As the hon. Gentleman will know, in the Bill there is a duty on electoral registration officers to use a variety of means with the sole duty of ensuring that the register is as complete and accurate as possible.
I shall slightly disappoint the hon. Member for Hendon by saying, as he anticipated, that I do not believe that the amendment is necessary, because the Bill already provides for what he wants. Clause 9 allows for the new registration system to be piloted in advance of commencement, and there is no reason why it should not include the information that is collected from application forms. The clause enables electoral registration officers to propose pilot schemes in their areas to test how the new system will work in practice. We expect that to test the robustness of the individual electoral registration digital service in advance of nationwide implementation. There is no obstacle to a proposal’s using the power in the Bill in order to include the collection of a voter’s accessibility needs. That would be a very good use of that power.
Mr Kevan Jones
I accept that these powers are in the Bill, but I think that what the hon. Member for Hendon (Dr Offord) is trying to get at is that this should not necessarily be left to local EROs. Yes, they might take it into account, but in order to get the body of evidence, it would be helpful if the Government said to particular areas, “Could you pilot this proposal on disabled people?”, so that lessons could be learned from the pilots. If it is just left to EROs, some of the better ones might do it, but we might not get the data or learn the lessons that are needed.
Mr Heath
This involves two things. First, we need to have pilots to see how we can most effectively secure the information; the Electoral Commission might want to take a view on that. Secondly, we need to ensure that that is reflected in the secondary legislation—the regulations that specify what needs to be collected. There is already quite a long list of things that are specified; indeed, the hon. Member for Caerphilly (Mr David) has complained that it is too long. Despite his reservations, I think that accessibility issues would be a useful addition. Provisions elsewhere in the Bill provide specific powers to add other requirements. For example, new paragraph 3ZA(1)(a) to the Representation of the People Act 1983 provides the power that the hon. Member for Hendon is concerned about. It seems that his view is shared by the Electoral Commission, which slightly worries me, but I will come back to that.
Mr Mark Williams
It is a privilege to follow the hon. Member for Penistone and Stocksbridge (Angela Smith). Her amendments specify the steps that local authorities should pursue to register more people. Amendment 16 specifically reminds applicants of their civic duties. This raises the key issue of what information should be included in the communication, and she listed some reasonable mechanisms and steps that should be taken. I guess the substance of the debate will be whether these provisions need to be written directly into the Bill or whether, as clause 5 specifies, they can be made by regulation. That will be the focus of my brief contribution.
I believe it is good that clause 5 allows the Electoral Commission to standardise forms, which is my reading of that particular clause and it applies to some of the issues the hon. Lady mentioned. We heard on Second Reading, as we usually do, from the hon. Member for Vale of Clwyd (Chris Ruane), who talked about the excellent experience in the county of Denbighshire. He mentioned the good work that had been undertaken there and the documents that had been created, which led to impressive rates of registration.
I would like to hear more from the Government about the onus they intend to place on the Electoral Commission—in preference to writing provisions directly into the Bill—in respect of the substance of those forms and the prominence in them of various messages, not least the civic duty and the penalty. The Bill as it stands says that the Electoral Commission should provide that information, but will the Minister ensure that it must provide it? We need additional clarity about the penalty and the implications if the application is not complied with. Will he confirm whether the Electoral Commission will be mandated to put information about the civil penalty on the forms? If we are to have good practice, will the usability of those forms be tested? Critically, if we are to rely on regulation rather than place these matters directly on the face of the Bill, when will those regulations be laid out? Critically, too, what detail will they specify? In short, what is the Electoral Commission’s role in these matters; what is its role in disseminating good practice; and what is its role in insisting on that good practice? The hon. Lady cited some good examples of good practice undertaken by local authorities from both political parties—I wish she had said from all political parties—but the reality is that that is not universal. I am interested—I suspect the hon. Lady and the Minister are, too—in ensuring that best practice is pursued.
Mr Kevan Jones
I agree with hon. Gentleman, who makes a good point. I recall that Derwentside district council used to be responsible for registration in the Derwentside part of my constituency. It was clear from looking at the register that there were gaps of entire streets or parts of streets. That showed me that not a great deal of attention was being paid by the registration officer to information that could be seen just by flicking through the register.
Mr Williams
I concur with the hon. Gentleman. I think we have nothing to be scared about in the Government’s legislation or in respect of the good practice that some local authorities are exhibiting. I am concerned that we spread good practice, and I believe clause 5 provides us with the mechanism to do that by requiring returning officers in the first instance to send the invitations to register and then by providing a secondary power to make regulations about the substance of the initial applications. Further to that, the regulations
“may confer functions on the Electoral Commission”.
I hope that the Minister can flesh out the role he believes the Electoral Commission should play in these matters.
Mr Kevan Jones
May I also say, Mr Weir, what a pleasure it is to serve under your chairmanship?
I want to record my thanks to the hon. Member for Nottingham North (Mr Allen) and his Committee for the work they have done. They have improved the Bill substantially, which demonstrates the power of Select Committees when it comes to pre-legislative scrutiny. I think that we should see more of that, because it would not only give Bills a smoother passage in this place, but allow external agencies to ensure that their voices were heard. I also think that the Minister should be commended for the spirit in which he has accepted the Committee’s report.
Clause 5 deals with the maintenance of the register, a topic we touched on earlier in the context of ensuring it is as accurate and up to date as possible. As my hon. Friend the Member for Nottingham North said, this goes to the heart of our democracy. People must have the democratic right to be on the register. My hon. Friend referred to Lyndon Johnson, and I, too, have just finished reading the latest version of Robert Caro’s fourth book on Johnson, which I recommend as essential reading to all Members. It is important to ensure that citizens have the right to vote for their local representative, whether at parish, district or county council level or in parliamentary or European elections.
Clause 5 covers regulations governing electoral registration officers. It is important to give clear steers, either in the Bill—as suggested by my Front-Bench colleagues —or in regulations. I would be interested to hear the Minister’s comments on that. As the hon. Member for Ceredigion (Mr Williams) said, there are onuses on EROs to do certain things, but there must be consistency in this regard, as well as the will to do those things. The Bill states:
“A registration officer in Great Britain must give a person an invitation to apply for registration in a register maintained by the officer if—
(a) the officer is aware of the person’s name and address,
(b) the person is not registered in the register, and
(c) the officer has reason to believe that the person may be entitled to be registered in the register.”
Under current legislation, there are certain onuses on EROs. The Representation of the People Act 1983 was amended by the Electoral Administration Act 2006, which added a new section, 9A, setting out the steps that must be taken by EROs to identify people eligible for registration as electors. The steps include:
“(a) sending more than once to any address the form to be used for the canvass under section 10 below;
(b) making on one or more occasions house to house inquiries under subsection (5) of that section;
(c) making contact by such other means as the registration officer thinks appropriate with persons who do not have an entry in a register;
(d) inspecting any records held by any person which he is permitted to inspect under or by virtue of any enactment or rule of law;
(e) providing training to persons under his direction or control in connection with the carrying out of the duty.”
It may be claimed that many of those steps are already in place, but I come back to a point made earlier: the key is how they are implemented by local EROs.
Chris Ruane
Although some of these steps have been in place since as far back as 2006, many have not been taken up. This Bill presents us with an opportunity to make sure EROs take up their past duties, obligations and laws as well as their future ones.
Mr Jones
I thank my hon. Friend for that intervention. He has done a lot of good work in highlighting low registration across constituencies in the UK, and what he says is right, as I know from my own experience in County Durham. We could see obvious mistakes on the register, such as large gaps in streets—numbers 12 to 15 might be entirely missing, for example. A member of the council staff should have said, “Wait a minute; it can’t just be a matter of chance that all the residents in that sequence of addresses haven’t registered. A mistake must have been made.” Another example involved a sheltered accommodation property. It was run by a local councillor, but it was not included on the register at all. The new county council has made a determined effort to address such mistakes through a canvass, and we added about 12,000 people to the electoral register. That was a result of Durham county council looking at council tax records and other resources and of door-to-door canvassing, which will still be key.
My constituency has quite a stable population, but, as I said earlier, in certain parts of it—including parts of Stanley and Chester-le-Street—and especially in areas with a lot of private landlord accommodation, the names on the register change fairly often. The Electoral Commission report says:
“Incompleteness and inaccuracies on the registers are strongly associated with population movement.”
That comes as no great surprise. My right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) talked earlier about the transitory nature of much of his constituency’s population, and any Member representing a constituency with a large student population could make the same point.
The Electoral Commission report also makes it clear that there is a decline in registration in the most densely populated urban areas. It states that that decline may be
“as much as 10–15 percentage points over the lifetime of the registers.”
That, too, will come as no great surprise to anyone who has been involved in local government or in elections.
All EROs must make the accuracy of the register a top priority, and we must take steps to ensure that measures that are already in place are put into effect. We will wait and see whether that is pursued through the Bill or through regulations. If these amendments are not agreed to, there must be regulations that deal with this matter.
My experience in local councils tells me that we must do more than just rely on local EROs. Councillors must have the political will to take these steps, as must the chief officer. It must be seen as a key priority, for the reasons my hon. Friend the Member for Nottingham North outlined.
As amendment 12, tabled by my Front-Bench colleagues, makes clear, the new council tax bill that is sent out every year presents a golden opportunity. Durham county council is running a trial that enables people to tick a box if they want to apply a postal vote. Again, the good councils are doing that, and I think the Minister will agree that good councils will use such measures. This aim is to ensure that councils that are not mandated to use that process will in fact do so, as permitted under existing law.
Angela Smith
In addition, the use of verification procedures when goods are being ordered online is becoming increasingly obvious. The use of postcode and address details is one of the important aspects of the secure procedure when ensuring that the right people get the right goods when ordering online.
Mr Jones
My hon. Friend rightly says that people are increasingly using the internet for things such as ordering goods online. Again, I doubt whether many young people know that being on the electoral register is an important source for those types of thing, so that is another good reason why the amendment is important. The terminology is perhaps a bit loose in terms of civic responsibility—I am not sure that many people see it from that point of view—but we could set out a practical reason for young people to register.
I mentioned driving licences earlier, and new drivers provide an obvious opportunity in this regard. I am not suggesting that everyone applies for their licence when they are 17, but new licences are an obvious way to engage young people and ensure that they are registered to vote and know the importance of that. We should not miss that opportunity.
The penalty has been mentioned, and I welcome the work of the Committee and the Government in ensuring that the penalty is set out. Again, the test will be whether or not it provides an incentive for people to register. My hon. Friend the Member for Bassetlaw (John Mann) has asked a question on this, and it was answered by the hon. Member for South West Devon (Mr Streeter) on behalf of the Speaker’s Committee on the Electoral Commission. His answer stated that, based on the data that were available in March 2010, only
“67 prosecutions were initiated in relation to a failure to provide information in response to the…annual canvass.”—[Official Report, 26 October 2010; Vol. 517, c. 166.]
The Bill’s penalty for not registering will not be meaningful and effective unless it is enacted and enforced. However, it is important to include it in the Bill as a sanction; again, it can be publicised to ensure that people know that there is a potential sanction for not registering to vote.
The Government have got it right overall on the armoury they will give local returning officers to ensure that the register is as accurate as possible. The proof of the pudding will be in how that is actually used. As I said, the Bill provides a lot of ways in which councils can ensure that people are registered, but councils are not using them. I will be interested to hear how the Minister is going to ensure that the provisions—and his hope that councils and returning officers will use some of these different ways of not only interacting with the public, but using the information they already have—will mean that the register is as accurate as possible. It would be sad to miss this opportunity to ensure not only that more people are registered to vote, but that the registration is accurate as possible.
Chris Ruane
As has been mentioned by my hon. Friend the Member for North Durham (Mr Jones), local government has many ways of contacting electors. It can do so by way of housing benefit, council tax, disabled parking badges, the people it puts in residential care, the home helps who visit people in their homes, contact when people are placed in council and social housing, contact when enforcement and registration is carried out in respect of houses in multiple occupation and contact when new houses, be they private sector or public sector, are built. Local authorities are not extending the invitation to register to many people who use those things. A lot more can be done, but it will take time, effort and resources, and that has been used in the past as an excuse not to act. This Bill and other Bills are bringing about huge constitutional changes, which could dramatically alter the constitutional landscape, and local authorities need to do everything in their power to maximise the registers in their areas by using the previous legislation and this Bill.
The Government also hold databases, as outlined in amendment 17; they relate to
“welfare payments, pensions, driving licences, revenue collection, National Insurance and passport applications”.
All those offer an opportunity for national or local government to extend that invitation to register to people using those things at critical moments in their life. We need to address an issue about sharing national Government databases with local authorities, but there is no issue involved in using local databases within the remit of a local authority. Local authority databases can be used for the purpose of registration, and we need to examine ways in which we can improve those channels of communication between national Government and local government to open up those databases. I realise that people have concerns about losing databases; Department for Work and Pensions databases have been found on roundabouts in the past, and that caused a national outrage as it hit the national press—
Chris Ruane
Indeed, as my hon. Friend reminds us. We need to keep that in perspective, because although losing those databases was bad, I am sure that new systems can be implemented to allow secure access to those databases for the purpose of registration.
I also want to talk about the rights and responsibilities of Assembly Members, MPs, councillors, MSPs and Members of the Legislative Assembly in Northern Ireland in respect of putting pressure on electoral registration officers to ensure that the existing legislation and this Bill are monitored, not only by the Electoral Commission, but by us as parliamentarians—as elected representatives. Last week, I e-mailed 250 Labour Members with a specific list of questions that the Electoral Commission had designed for MPs to put to their ERO. I have circulated those questions to Labour MPs and asked them to go to see their ERO with their Assembly Member, with their local group leader to put pressure on the ERO to ensure that everything is being implemented. That should also be examined in this Bill to ensure that elected representatives at least have that invitation to work with EROs to maximise the register. I have done this in my constituency, where we have a fantastic ERO, Gareth Evans, who has increased the registration in my constituency from 47,000 to 57,000 in a two or three-year period. That is excellent and I pay tribute to Gareth for his work on that.
On the invitation to register, we also need to ensure that there is no political interference by politicians who do not want people to be registered. Liberal Democrat Members will be aware—I have mentioned this in the past—that when the ex-Liberal leader of Islington council was asked by the Labour group to have a registration drive to get the unregistered on to the register, he said, “No, we are not doing that. Keeping people off the register is how we win elections.” If there is such a degree of political interference within a local authority, it needs to be tackled. The case might have been isolated, if high profile, but we need measures to tackle political interference if it occurs.
Such interference could be tackled in a number of ways. There does not necessarily need to be political interference; there could be political, bureaucratic or administrative incompetence. If the job is not being done and the mustard is not being cut, a solution is needed to allow registration to take place. I ask the Minister to consider, in the final analysis, transferring the rights of a local authority’s underperforming electoral registration department to that of a neighbouring authority that is achieving or letting the Electoral Commission carry out the registration in emergency circumstances. Alternatively—I say this as a Labour Member—there is perhaps a case for using the private sector. Experian has built the databases and knows exactly where the unregistered are, so perhaps there is an opportunity for its involvement if local authorities are too lazy or if there is political interference.
A number of the amendments would put the onus on the local authority to explain why it is important for an individual to be on the register. More needs to be done and I agree with my hon. Friend the Member for North Durham that the question of civic duty might fall on deaf ears. Having said that, I am very glad that the Government, who initially talked about downgrading the civic duty to a lifestyle choice, listened to the avalanche of complaints from across the country, from the civic sector and from Opposition parties and decided to keep the civic duty. The explanation from Ministers, from political parties and from the ERO of the reasons why someone should be on the electoral register and the benefits that it brings in getting a mortgage and credit is important. If members of the local population are not on the register, they will not have access to proper credit and will be forced into the hands of loan sharks.
A great deal more education and explanation are needed from EROs and us. I am pleased that a lot of progress has been made. I pay tribute to the Ministers, whom I have hounded over the past two and a half years with hundreds of written parliamentary questions and oral outbursts in Committee and in the Chamber. I make no apology for that. A group of dedicated MPs from all parties have pursued the issue and progress has been made, specifically on the issue of fixed penalty notices. I pay tribute to Ministers for that but I maintain that the whole Bill is unnecessary. These things could have been done with all-party support, through Labour’s Political Parties and Elections Act 2009. I did not support it—I voted for it, but it was not in my heart— but I accepted it as a political reality and necessity. These things could have been achieved with all-party parliamentary consensus in 2015.
I recently asked in a parliamentary question why Labour’s Act was negated and the 2015 deadline was brought forward to 2014. The answer was that it was imperative to go through all this turmoil and upset and to take up all this parliamentary time because there is great concern out there among the Great British public, 36% of whom believe that there is electoral fraud, that meant we must tackle the issue. I also asked how many cases of electoral fraud there were, and the Minister replied that there were a couple a year.
Mr Kevan Jones
Does my hon. Friend agree that the Electoral Commission’s report on the pilots a few years ago, which was buried following outcry from the Daily Mail and others, said that in most of the pilots—including e-voting, text voting and, to give an example from my constituency, full postal voting—fraud was negligible?
Chris Ruane
The question I drafted on the train from Rhyl to Euston this morning expands on my hon. Friend’s point. It asks what assessment the Minister has made—he might want to think about this overnight—of the reasons why 36% of the British public think that there is electoral fraud, on the impact of Ministers and Government MPs talking about electoral fraud and on its coverage in the media—
Mr Jones
May I make a suggestion concerning the registration form? There should be a simple tick-box for people to register for a postal vote. In some cases, they have to register to vote, and on a different form register for a postal vote. A tick-box on the registration form would be much easier.
Mr Harper
Let me conclude my previous thought and I will come to that.
Some local authorities already use the register for the other purposes for which it can be used—for example, to run credit checks, or when people want credit for a mobile phone—as a positive method of encouraging people to be registered. This is where is it important to give EROs the power to consider their local circumstances. Depending on the area, depending how many people move, how often and the kinds of people, there are different messages that may work with different groups of people. The ERO should have the opportunity to do that. The Electoral Commission will be doing some work with us on this. When the commission suggests that certain things should be on the form and should be mandated, we have the powers to do that.
On postal votes and the point made by the hon. Member for North Durham, a separate form must be completed. In order to prevent fraud, people have to provide identifiers, such as date of birth and a signature for the electoral registration officer—[Interruption] The hon. Member for North Durham says, “On one form.” If we are moving towards allowing people to register electronically, a postal voter would still have to provide a hard copy signature, so the process cannot be made completely seamless. However, the hon. Gentleman makes a good point. Some local authorities may want to collect all the information, including date of birth, at one time. I will take his suggestion and see whether there is anything in our regulations which would prevent that. It may be one of the things that we can ask the Electoral Commission and some of our stakeholders to investigate to see whether that would be helpful for voters.
Mr Harper
I recognise the hon. Gentleman’s suggestion, and, as I said, I will take it away and look at it. We will make sure that there is nothing that prevents such a suggestion, and we will also investigate it with our stakeholders, including the commission, administrators and a lot of the groups, particularly focusing on those who might find a postal vote helpful. We can perhaps trial some of that and see whether it is effective. That is a helpful suggestion from the hon. Gentleman.
Amendment 17 links Government Departments with responsibility for welfare payments, pensions, driving licences, revenue collection and national insurance with information about the electoral register. I agree with that up to a point and we will already be doing some of that. However, it would not be helpful to mandate that, given that most voters are already on the electoral register and quite a lot of people do not move about all the time. We do not want to insist on making every transaction with each of those Departments more complex. However, I agree with the hon. Member for Penistone and Stocksbridge about signposting and making that kind of linkage more effective.
The hon. Member for North Durham mentioned driving licences, and we are working with the Department for Transport on that. He also mentioned Directgov, and the Government Digital Service, which is working with us on developing the online registration tool, is also responsible for Directgov, so they will work seamlessly together. Where Departments deal with people who move about or new voters, we are considering signposting and giving people prompts. If we did that electronically and people needed only to tick a box, potentially they could be redirected straight to the site where they could register online. For some voters, that would be an effective way of driving up registration.
Mr Jones
Directgov would be a good system, because the identifier is down to the individual, and it allows one to do a whole range of things. To be able to register to vote through it, accepting that a form may be required to obtain a signature later, would be much easier for a lot of people, especially when they move house. A lot can be done through Directgov in one place, which is always useful.
Mr Harper
The hon. Gentleman makes some good points. Once we have an online method of registering in the first instance, that will be very effective. It already works very well in a number of local authorities for re-registering each year. I have just received my form in my constituency of the Forest Dean and I was able to re-register in a matter of minutes on my BlackBerry, putting in the code and ticking the opt-out box for the edited register. That worked very smoothly and a confirmation e-mail arrived. Many local authorities already do that. What they cannot do, because they are not empowered to do so, is effect new registrations in that way. Once we can do that, many people will move to that, either doing it themselves, or, if they need assistance, through an assisted digital method. It is important that people have that assistance and I think that is where people will start going.
The hon. Member for Penistone and Stocksbridge, like Members beforehand, raised concerns about younger voters, particularly attainers—16 and 17-year-olds who get registered. I have been to Northern Ireland and seen how they register young people directly in schools. The chief electoral officer’s staff do a presentation, focusing on the civic side and the need to register to have a vote and to have one’s say, but they are not above looking at some of the other reasons that young people might want to be registered to vote, such as credit. Northern Ireland has a voter ID card and electoral staff run also through some of its practical uses, such as proof of age. Interestingly, as I have said in debates before, now that younger voters are engaged with directly, a higher percentage of them are registered to vote than in Great Britain, where we rely on mum and dad to do that.
So, I am a bit more hopeful. Having spoken to young people when I visit schools, as I am sure have many Members, I think that such direct engagement is a way to get them not just to register to vote but to use their vote. One of the depressing points is that young people, even when registered, are the least likely to cast their vote. In a sense, getting lots of people registered just to see them not vote is not very encouraging, so I think that we can all do a better job on that. However, as I said, I am more hopeful about younger voters engaging directly. There is some evidence that if we can engage with voters directly, rather than relying on one person in the household, we might all be pleasantly surprised.
Mr Kevan Jones
Does my hon. Friend agree that this provision is the last remainder of what was essentially a gerrymandering Bill and that not removing it will affect the boundaries? Can he see any reason why Liberal Democrats in particular should vote for it, given that it would be one of those rare occasions when turkeys vote for Christmas?
Mr David
My hon. Friend’s concern for the Liberal Democrats is touching, although I cannot say that I share it. To answer his first question frankly, yes, at the start of the legislative process, strong words were used, not least by me, because we were worried by the overtly and crudely partisan nature of the Bill of that time. But—and it is an important “but”—the Government modified their position. I give them credit for doing so. As my hon. Friend implies, if they have made concessions in a host of areas already, why not go the whole hog and let us have a proper consensual approach?
I listened intently to what the Minister said in the debate on our amendments last Monday. He did not produce any convincing arguments why the timetable that we established in legislation when we were in power could not be followed, and why we need to move hastily towards the Bill. If the Government do not take heed of what we are saying from the Opposition Front Bench, let them at least take note of what many people outside the House have said—the Electoral Commission, academics and the cross-party Select Committee. Many people drawn from a range of different organisations have made the same point: this is probably the most important change to our electoral system since the advent of universal suffrage. It is far too important to be the victim of crude partisanship. We want a consensual approach that will unite all democrats.
Finally, the Bill is important in terms of people’s ability to decide whether to cast their votes or not, but it is important in other respects as well. This underlines the civic responsibility point—people need to be on the electoral register for reasons other than to vote. One of the most important reasons is that those who are eligible for jury service are drawn from the electoral register. When we talk about the completeness of the register, we are not talking only about our democratic system and the voting system, important though it is. We are talking also about the criminal justice system and its credibility.
We all saw the terrible riots which scarred English cities last summer. That is all the more reason to ensure that all groups in our society are effectively represented on our juries. The last thing we want is an electoral register which contains a disproportionately large number of white middle-class people who are in turn represented on the juries that are selected. That is no way to enhance the credibility of our criminal justice system.
It is important to recognise that electoral registers are used to establish people’s creditworthiness. Whether they may have a mortgage is quite often defined by their presence on the electoral register. Also, it is seldom mentioned that the police make great use of the electoral register. It is important for the development of our society, as well as for our democracy. In a modern democracy, being on the electoral register is a civic duty and a civic responsibility. That is why we want accuracy in our electoral register. Although we all want accuracy, it is important to recognise that standing alongside it there must be completeness as well. Those are the twins that should go together in the legislation.
Despite the debates that we have had, our concern is that the Government place far too much emphasis on accuracy at the expense of completeness. We want to see the two going together. That is important not just when we reach a fully fledged individual electoral registration system, but in the transition system. Schedule 5 is a vital part of the legislation. It takes us through the transition and ensures that when individual registration is introduced it has the support of the people of this country, including potential and actual electors. I hope that the Committee will consider the schedule carefully and give careful consideration to the amendments for which we argued passionately last Monday—
Charging for Access to Parliament
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Ms Eagle
That is a very timely intervention from the hon. Gentleman as I was about to deal with that point, especially as I am a very new member of the House of Commons Commission. I have been in the House for 20 years and always thought that the way in which the House was managed was rather antediluvian and opaque, to put it kindly. I expected when I was given this job that I would dash into the Commission and everything would be revealed. I thought that I would see how the House and all of its domestic Committees worked. I have to confess that after a few months I am still rather of the hon. Gentleman’s view, and light, transparency and more debate about such matters should be organised. We need to think as a Parliament about how we can bring that about.
We are all busy. Doubtless everybody read the e-mails that were sent in 2010 about this issue, but perhaps they did not fully take them in. I therefore have much sympathy with the hon. Gentleman’s point, and we should consider how we might ventilate the serious issues that the Management Board has to deal with so that hon. Members on both sides of the House become aware of them in a more timely way. E-mails go out, but we cannot force Members to notice them or read them in detail. The system is antediluvian and lacks transparency, and we might want to think about more modern approaches.
Mr Kevan Jones (North Durham) (Lab)
One of the points made by the hon. Member for Peterborough (Mr Jackson) is very important. We have the Administration Committee, which I sit on and which has made various recommendations to the Commission that have been overruled without any justification. Surely that is not a transparent or fair system, especially when we are considering cost savings.
Ms Eagle
I have considerable sympathy with that point, and perhaps we can all thank the hon. Member for Harlow for bringing this issue to the attention of the House so that we can consider how we might manage the House in a more modern way that brings people along at an earlier stage in the process and ventilates some of the darker, cobwebby areas of the old management systems.
Draft Financial Services Bill (Joint Committee)
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Thomas Docherty (Dunfermline and West Fife) (Lab)
I beg to move, amendment (a), in line 14, leave out ‘Mr David Laws’. [Hon. Members: “Shame!”] I hear cries of “shame” from the Chancellor’s former chief of staff, from the Liberal Democrat Whip and from many other members of the coalition Government. I took some advice this afternoon about the rules of this procedure because I wanted to be very clear about what I may or may not refer to. I have received clear advice that I may refer to the content of the recent report of the Standards and Privileges Committee and that I may make some general observations, but you will probably agree with me, Mr Deputy Speaker, that I would not be allowed to make accusations about an hon. Member that are not referred to in the report, and I will proceed on that basis.
The Bill is one of the most important Bills that the Government are introducing. I do not say that just because I have had a chance to glance through the weighty tome that the Government have introduced but because one of the great debates that the House will have in this Session is about how we can better regulate our financial industry. Without doubt there was a failure to regulate it in the previous Parliament—[Hon. Members: “Hear, hear!”] I am sure that the hon. Member for Devizes (Claire Perry) will nod away to that.
Mr Kevan Jones (North Durham) (Lab)
My hon. Friend says that regulation failed, and there were loud cheers from the Government Benches, but did not Members on the Government Benches call for less regulation of the financial services industry?
John Mann
I am attempting simply to put across a few views that I believe would appropriately reflect the views of my constituents. I am putting no tone—high, low or otherwise—into this debate.
Members are elected to come and put forward in this House what we think appropriate. One thing that my constituents, and therefore I, would not regard as appropriate, and that the House overall should not regard as appropriate, is having a Joint Committee made up exclusively of English members. A Joint Committee on the draft Financial Services Bill that reflects this House, in the way that Select Committees do, ought to be more reflective of the entirety of the UK, and not just of England. I say that with some irony, because I am one of those who has argued that the English voice has been understated in this House.
Mr Kevan Jones
Does my hon. Friend agree that many financial services jobs are based in Edinburgh?
Mr Kevan Jones (North Durham) (Lab)
It is an honour to follow my hon. Friend the Member for Bassetlaw (John Mann). As he knows, I was born in his constituency, so I have a fond spot for the area in north Nottinghamshire that he represents. I wish to oppose his amendment, but also to raise some concerns about the motion.
It is important that the work of the Committee focuses on getting this right. We all remember, certainly those of us from the north-east, that the first domino to fall in the financial crisis was Northern Rock. We saw people quite rightly queuing round the block, fearing for their savings and worrying what would come next. Getting regulation right will be very important, and therefore the work of the Committee will be very important not only for this generation, but for future generations.
It is clear that this Government, the previous Government and the previous Conservative Government grappled with getting the balance right between regulation and having a free market that allows markets to generate the capital and finance that industry and individuals require. Therefore, the Committee will be very important. The task we have set it, in quite a short time scale, which I will come on to in a minute, is rather intriguing. It is a little like the ark of the covenant, in the sense that I will be amazed if the Committee finds the perfect system for regulation.
The nature of the Committee was referred to earlier. The Government brought forward the White Paper setting out the draft regulation. I am a big supporter of draft legislation. I do not think that the press and public have quite got a handle on it yet, because when Governments change draft legislation it is seen as a defeat for them, and that should not be seen as the way forward.
Kelvin Hopkins
I very much agree with what my hon. Friend is saying. Does he not agree that more pre-legislative scrutiny would improve the quality of legislation and that we should have more of it?
Mr Jones
I agree. To be honest, my answer to the question of the second Chamber is ultimately to vote to abolish it. I have always been a unicameralist and think that if we did the job here better we would get legislation that was not only better, but more timely and well drafted, and we would not have the theatricals that we have to go through with the other place.
The draft legislation is being put forward and I welcome that process. I sat on one of the very first Joint Committees in 2003—the Joint Committee on the draft Civil Contingencies Bill. For a new Member, that was a very good process and learning curve, because it included young and inexperienced Members of this House, such as the hon. Member for Newark (Patrick Mercer) and myself, and Members of the House of Lords, such as Lord Archer, a former Solicitor-General, and Lord Condon, who is a former Metropolitan Police Commissioner. They brought a wealth of experience to that process, which was a good one in that it could not be replicated by the usual way in which we conduct legislative scrutiny in this place. The most important thing was that out of the 130 amendments that were tabled, well over 100 were accepted. The important thing about this Committee will be whether it genuinely conducts pre-legislative scrutiny and whether the Government will really consider changing their proposals.
My hon. Friend the Member for Bassetlaw talked about the House of Lords. I feel uncomfortable not about joint legislative scrutiny with the House of Lords, which is a good process, but about having it for financial matters. That makes me a bit nervous. Not only the membership of the Committee from this House, but the selection process in the other place, which is nothing to do with us, as I well know, have not been thought through. Getting the balance right is a difficult job. The supremacy of this place in dealing with financial issues has to be maintained. I would not like, as my hon. Friend said, for this to be a chink in the armour that breaks the convention that this House, not the other place, deals with finance. Unfortunately, that point seems to have been glossed over in the way that the Government and the usual channels have put the process together. The Procedure Committee or others might want to look in detail at how such Joint Committees come into being. I would not want it to become a regular occurrence for Joint Committees, including those considering financial issues, to have Members of the other place sitting on them and determining what is taken forward.
It will be difficult to get the Bill right. It will be like finding the ark of the covenant to find a regulatory system that everyone agrees with and that protects the public from the scenes that we saw a few years ago. It is interesting that we hear the Conservatives say these days that they are now for more regulation, even though in the 1980s they deregulated the financial markets and then called for less regulation when the previous Labour Government of whom I was a member were bringing in legislation.
I am concerned about the short time scale that is being allowed for the Bill. The motion says that
“the Committee should report on the draft Bill by 1 December 2011.”
We are about to go into a long recess and the Committee will have to work through that to keep to that timetable. I wonder why that date was inserted. Getting this right is more important than any headlines the Government wish to create so that they can say they have solved the problem of the regulation of the banks. The date needs to be reconsidered and the timetable extended.
Mr Jenkin
If the date is so important, why did not the hon. Gentleman table his own amendment? Why does he think that the Committee that this House is about to appoint is incapable of reporting to the House if it feels that it has not completed its deliberations? Its members have a mind of their own—they do not need the supervision that he is attempting to give them.
Mr Spellar
My hon. Friend agrees with the hon. Gentleman about his Front Benchers’ defence policy.
Mr Jones
Without wanting to be diverted by my right hon. Friend, I certainly do agree with the hon. Gentleman about defence expenditure and the shambles that this Government are making of defence, but I shall not digress to that.
It is important that we get this right, so I do not think that having 1 December is right. The hon. Gentleman is right to say that the Committee will change the date if it wishes.
We must look at what is being put forward. The motion states that the Committee shall have five powers:
“to send for persons, papers and records; to sit notwithstanding any adjournment of the House; to report from time to time; to appoint special advisers; and to adjourn from place to place within the United Kingdom.”
I will go through each of those because they are relevant to the work of the Committee. On the power to send for persons, papers and records—
The Comptroller of Her Majesty's Household (Mr Alistair Carmichael)
claimed to move the closure (Standing Order No. 36).
Question put forthwith, That the Question be now put.
Business of the House
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Sir George Young
The hon. Gentleman’s constituents would always be very welcome in North West Hampshire, but I understand the issue he raises. I think that the answer to his question is the Work programme, which is the biggest and most ambitious work programme ever to get people back into work. In addition, the Government are taking steps to build long-term, sustainable recovery, which I am sure will reach south Wales as fast it reaches anywhere else.
Mr Kevan Jones (North Durham) (Lab)
May we have a Government statement on the Government’s plans to mark the 100th anniversary in 2014 of the beginning of the first world war? I visited Belgium a few weeks ago, as a member of the Commonwealth War Graves Commission, and the other commissioners and I were briefed on the extensive work going on there. That contrasts with the confusion in the UK, where it appears that a decision is yet to be taken on whether the Ministry of Defence or the Department for Culture, Media and Sport will take the lead on that anniversary.
Sir George Young
I share the hon. Gentleman’s concern that we should commemorate this anniversary properly. As a former Minister in the MOD, he will have a good background to this matter. I will raise it with MOD Ministers to make sure that we take appropriate action to commemorate this important anniversary.
Standards and Privileges
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Mr Kevin Barron (Rother Valley) (Lab)
I will pick up a couple of points that my right hon. Friend the Member for Birkenhead (Mr Field) has just made, but I first wish to say something about the leaks that have occurred. There have been two types of leak in connection with the report. First, from Sunday 8 May onward, there has been a steady trickle of comment on the memorandum of the Parliamentary Commissioner for Standards to the Standards and Privileges Committee, which was, as is customary, sent to the right hon. Member for Yeovil (Mr Laws) for his comments as well as to Committee members and to the Attorney-General, whom Standing Orders make our adviser. My first impression was that that comment could well have been based on informed speculation, but I no longer hold that view, because on Wednesday morning the Committee’s recommendation was leaked to the media. We immediately instigated a leak inquiry, and it is not appropriate to say more at this stage, as that inquiry is now ongoing.
I will pick up two issues raised by my right hon. Friend the Member for Birkenhead. One is the length of time taken. He will see from reading the report that it goes far wider than the allegations that were made against the right hon. Member for Yeovil in the media last May, and I suspect that that was one reason for the time taken. However, I say to my right hon. Friend that the timing is wholly in the hands of the commissioner, who reports to the Committee and publishes a memorandum when he is ready to do so. The evidence that he takes is entirely a matter for him.
The other issue that my right hon. Friend has mentioned concerns the comparison of one case with another. I will mention in my speech the circumstances of this particular case and why we have come to the recommendations before the House. I have not commented on the matter before, because I believe it is for the House to judge, not the media or commentators. The extent of reporting of what the commissioner and the Committee would say, and what it would mean for the right hon. Member for Yeovil, has been unfortunate. It meant that the press have perhaps not looked as carefully as they might have done at what we actually said.
The Committee has been attacked from one side for being too severe and from the other for being too soft. It would be complacent to say that we got it about right, but I wish to set out what the report says and why we said it. First, I urge those who say that the Committee has been too severe—many of them are in this House or in another place—to examine what the Committee actually found and the way in which that compares with other breaches.
From 2006 onwards, the arrangements of the right hon. Member for Yeovil were simply and explicitly against the rules, because he rented from a partner. He has said that he did not regard his landlord as his partner for the purposes of the Green Book. In 2007, he gave his landlord £99,000, which was a free gift but which was put towards the purchase of a London property that the two shared. He also contributed to building work. As the report states:
“Mr Laws had made significant financial contributions to the purchase and upgrading of the property. Such commitments are unusual between landlord and tenant, or even between friends. In consequence he should have had no doubt that he and his landlord were ‘partners’ for the purposes of the Green Book.”
Mr Kevan Jones (North Durham) (Lab)
My right hon. Friend will have seen the volume of appendices to the report, which includes evidence from Mr Laws such as a rental agreement, which states at item 5:
“The Lodger will be responsible for any damages or breakages caused by him/her”.
How could the claim of £2,000 for renovation work be covered by that? There is no other reference in any of the agreements to any contribution that the lodger should make to any major renovations of the property.
Mr Barron
That is true. The commissioner commented on that claim in his memorandum, and it was taken into account when we came to make the recommendations that are before the House.
The right hon. Member for Yeovil was in breach before the financial contributions that I have described, by wrongly claiming that his main home was in Somerset rather than in London. It is clear that he was not the only Member who designated the wrong property. When the pattern of nights spent at two properties were changing, it would be easy to assume that the main property was the one on which a mortgage was held. If that were the main issue in the period up to 2006, it might easily have been put right, but the problem was that the right hon. Gentleman’s conduct was designed to hide his real circumstances, which formed a pattern with his later breach of the rules.
There has been a great deal of press comment on this case, much of it before the Committee reported. It has been suggested that the right hon. Gentleman saved the public money, and that that makes his conduct all right. It is certainly possible that other, proper arrangements might have been more expensive. Clearly, there could have been substantial claims against the Somerset property, but they were not made, so we cannot know precisely what would have been approved. We must judge the arrangements that were actually in place, not arrangements that might have been made. As the report says:
“Mr Laws contends that the payments were lower than they would have been had he claimed on his Somerset home, or made other permissible arrangements. In our view, it is inappropriate to judge whether the claims on property A are appropriate by reference to potential payments on another property, which is not in fact claimed for.”
Mr Barron
My hon. Friend may wish to comment on that further, but I wish to make my comments on behalf of the Committee.
What is clear is that the rents charged to the public purse were excessive, and that charges were made for repairs that would not have been included in any normal rental arrangement. It is impossible to tell exactly how much more was charged than should have been, but that is because of the right hon. Gentleman’s desire for secrecy.
Mr Barron
No—I shall just carry on for a few minutes, if my hon. Friend does not mind.
The commissioner’s report suggests that the public purse was overcharged by between £80 and £270 per month, even in comparison with assured shorthold tenancies. Property advisers considered that the rent in the right hon. Gentleman’s lodging agreement was between £209 and £370 a month higher than the market price.
The right hon. Gentleman and his supporters say that he acted to preserve his privacy. Extensive press briefings suggested that the breach would be somehow less blameworthy if that were the case, but the commissioner expressed his sympathy for the right hon. Gentleman, and the Committee recognised his motivation. However, there were other ways to preserve privacy. He could have refrained from claiming. Alternatively, he could have designated his main home properly, which would have meant that there would be no need to conceal receipts that might have identified his landlord.
The right hon. Gentleman instead took the decision to preserve his privacy by concocting a rent agreement and, wherever possible, claiming below the receipts threshold. He told the commissioner:
“After the receipts threshold changed I reduced my claims below the threshold.”
Ultimately, as the report says, this case is about the fundamental principles of the code of conduct, which says, and has always said:
“Members shall base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest and resolve any conflict between the two, at once…in favour of the public interest.”
As the Committee said:
“We consider the rental agreements submitted between 2003 and 2008 were misleading and designed to conceal the nature of the relationship. They prevented any examination of the arrangements that in fact pertained over the entire period.”
That is why this case is worse than many others in which the commissioner has found there has been a breach of the rules of the additional costs allowance. In many of those cases, the Members concerned had consulted the department of finance and administration, and in some cases both the department and independent valuers, so there was no intention to deceive. In one case, the Member’s circumstances changed, so that arrangements that were expected to be temporary lasted longer than expected.
In contrast, the case before us involved a deliberate attempt to conceal the Member’s real living arrangements that continued for many years. It is clear that he recognised the potential conflict between the public interest and his private interest. By omitting to seek advice, however, he made himself the sole judge of whether that conflict was properly resolved. It was inappropriate for him to be judge and jury in his own case. As the commissioner commented, it can never be acceptable to submit misleading documents to those charged with overseeing public finances. As this case shows, the right hon. Member’s desire for secrecy led him to act in a way that was not compatible with the standards expected of an MP. Whatever the motive, I do not think that is acceptable.
Now I will address the concerns of those who think that we have been too lenient. Since the Committee reported, my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) has asked the police to investigate. There is a protocol between the police, the commissioner and the Committee providing for liaison between the commissioner and the police, if either of them has concerns. The police will not comment on individual investigations, and the commissioner is also understandably reluctant to comment on such matters, even to the Committee. However, the fact that the commissioner has reported to us suggests the Member’s behaviour is unlikely to have been criminal.
I have already explained why we felt this case was more serious than others, but there were mitigating factors. As we stated in the report:
“Not only has Mr Laws already resigned from the Cabinet, his behaviour since May 2010 has been exemplary. He quickly referred himself to the Commissioner, has already repaid allowances from July 2006 in full, and has cooperated fully with the Commissioner’s investigation. This behaviour has influenced our recommendation.”
Mr Kevan Jones
The report states that Mr Laws stopped claiming when the rules relating to the maximum amount changed. Did my hon. Friend find it strange that the reason he gave for not putting in receipts was to disguise this relationship with his landlord, even though the landlord’s name was on the tenancy agreement?
Clive Efford
I hear what my hon. Friend is saying, but if he will forgive me, I do not want to get drawn into the detail of the case against the right hon. Member for Yeovil. The concerns that the report has raised for me are general ones about how we should deal with everyone who comes under investigation, because, let us face it, any of us could come under investigation if someone made a complaint against us, and we would all want to be dealt with under the same rules.
Who has been allowed to pay back money and on what criteria? On what criteria have they been referred to the Metropolitan police, and on what criteria have they been dealt with by the Committee and had a penalty imposed on them, as recommended to us today? Does the fact that Members offer to pay the money back make a difference? This report refers to the fact that the right hon. Member for Yeovil paid money back, which seems to have been taken in his favour. Have other Members made such offers and, if so, has that affected how they have been dealt with?
I have read the report, and I have highlighted several passages that appear to be inconsistent. I find it difficult to understand, for example, how someone can be a lodger in a house to which they have contributed £100,000 for its purchase and can then state to the Committee that they have no financial interest in that house and that the financial interests of the landlord and the lodger are completely separate. I find that sort of thing very confusing and very inconsistent, and I want to know what criteria are being applied to MPs when these matters come before the commissioner and the Committee. There are serious inconsistencies in what is happening here, and I believe that they are worthy of further investigation.
Question put and agreed to.
Business of the House
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Sir George Young
I am grateful to my hon. Friend. I would include in her category of well-performing councils Test Valley borough council and Basingstoke and Deane borough council, in which I have an interest and for which I hope to vote later today. She is right to contrast the performance of some councils that have decided to protect front-line services and other councils that are sitting on huge piles of reserves and have chosen instead to make cuts in front-line services. People have an opportunity today to choose which of those alternatives they prefer.
Mr Kevan Jones (North Durham) (Lab)
I do not know whether the Leader of the House has seen early-day motion 1585, in the name of my hon. Friend the Member for Gateshead (Ian Mearns), which expresses deep concerns about the east coast main line decision to award a customer call centre contract, currently based in Newcastle, to Intelnet Global Services, with the possibility of transferring jobs to Mumbai.
[That this House is deeply concerned at the decision of the state-owned East Coast Mainline to award its customer call centre contract, currently based in Newcastle, to Intelnet Global Services and ATOS Origin, who have operations in Plymouth, Wolverhampton and Mumbai, India; is appalled that this loss of jobs, which is yet another blow to the economy and communities of the North East of England, will also see jobs exported overseas to India; believes it is completely unacceptable for a government company to transfer work abroad and calls on the Secretary of State for Transport to intervene to prevent this; further believes that this episode once again demonstrates the failure of fragmentation and sub-contracting in the rail industry; and calls for an urgent industry-wide assessment of the benefits to the passenger, taxpayer and economy of bringing all railway services in-house.]
A lot has changed in the past 12 months in terms of coalition policy, but is it now the Government’s policy to export British jobs to India?
Sir George Young
We want to generate as many jobs as we can within the UK. We have just had Transport questions, and I do not know whether the hon. Gentleman took the opportunity to ask that question—
Oral Answers to Questions
Lord Beamish Excerpts(13 years, 10 months ago)
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Mr Jeremy Hunt
Let me reassure the hon. Lady that we are interested in this issue because we want local television to be more local and better than it is. One of the problems with regional television at the moment is that the footprint is so large that it is difficult to put out programming and news that have the impact that real local television has. I have every confidence that what we announced yesterday will make a huge difference to her constituents in the Wirral.
Mr Kevan Jones (North Durham) (Lab)
The Minister might consider the failure of north-east tourism to be able to promote itself—a failure caused by the cuts that this Government have imposed—to be an isolated problem, but it is a real problem in the north-east. If he takes the trouble to visit the north-east, I am sure that an array of critics in the north-east tourism industry, including the National Trust, will make their feelings well known to him.
John Penrose
As I hope I have made clear, I am aware of the issues. I would be delighted to come to visit some of the north-east’s impressive tourism attractions, including such places as Holy island and many others. I would love to do that in due course, but if the hon. Gentleman has specific examples of problems in his area, I would repeat what I said to my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) earlier, which is that there is a team specifically set up at VisitEngland to cope with precisely those issues.
Sir George Young
I agree with my hon. Friend: there are opportunities to drive down the costs, and not just for IPSA, but for Members and their staff who have to operate the system. The existing regime was set up to a challenging timetable, and IPSA is the first to recognise that improvements can be made. I hope that my hon. Friend will respond to the review that is under way and put forward suggestions for reducing the costs on both sides of the equation.
Mr Kevan Jones (North Durham) (Lab)
Does the Leader of the House agree that the comments made over Christmas by a member of the IPSA board—comments that were ill-informed and insulting to many Members of Parliament—were not helpful in building a positive relationship between this House and IPSA? Could he put those comments on the agenda for the liaison group’s first meeting?
Sir George Young
I agree with the hon. Gentleman that those comments were not helpful. I hope that one of the benefits of setting up the liaison group will be that we will now have a proper forum for consultation between IPSA and the House, and that there will be no need to resort to public acrimony in the newspapers. I hope that we will be able to have a sensible discussion and iron out some of the real difficulties that exist, without experiencing the kind of incidents to which the hon. Gentleman has just referred.
Business of the House (Thursday)
Lord Beamish Excerpts(13 years, 11 months ago)
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Mr Kevan Jones (North Durham) (Lab)
I rise to oppose this evening’s motion tabled in the name of the Leader of the House and the Minister for Universities and Science. It is interesting that it is two Conservative members of the coalition who have put their name to the motion, and that the Secretary of State for Business, Innovation and Skills, who was here earlier, has not put his name to it. Earlier on, he was sitting in his place with a face with which the funeral industry beckons because of what he had to sit through tonight.
We are here to discuss a business motion that is another example of something we have already seen this week: how the Government have attempted to restrict debate on this vital matter for many thousands of not only our constituents now but future generations. Tomorrow’s debate will, in five hours, change the relationship between people and the state and how we provide higher education in this country. To do that in five hours is totally unacceptable.
Angela Smith
Does my hon. Friend agree that the House should put on record its grateful thanks to my right hon. Friend the Member for Leeds Central (Hilary Benn) for having done such a grand job in defending the rights of the House and of the people of the country in how he led tonight’s debate?
Mr Jones
I would always agree with that. My right hon. Friend is a very good friend and he has done an excellent job in defending the rights of Back Benchers and the House.
Later, I will remind some Members on the Government Front Bench how eager they were in opposition to argue, on the subject of programme motions, that we needed to have more debate. That is especially true of the Deputy Leader of the House, although he is not in his place. I remember having to listen to hours of his droning on about why—
Steve McCabe
Is my hon. Friend at all concerned for the well-being of the Business Secretary? If he cannot bear to sit through this debate about the time required to discuss the issues, how on earth is he going to cope with the criticism of his policy tomorrow?
Mr Jones
I do not wish to get off the subject of the debate, and my hon. Friend tempts me to do so. Clearly, Mr Speaker would rightly pull me up if I were to start talking about the health of the Business Secretary, which has no relevance to this debate. However, I must say that the Business Secretary is a very nice gentleman, so we should all be concerned about his health and the difficulty that he is clearly going through on this policy.
Mr Slaughter
Does my hon. Friend agree that it is relevant that barely 10 Liberal Democrat Members have been in throughout the debate? The latest estimate is that 100,000 students will be coming tomorrow, yet nobody on those Benches has the courtesy to listen to the debate. Five hours seems to be as long as they are prepared to give to this issue tomorrow. Is that not hugely disrespectful to all our constituents, who care about this issue?
Kevin Brennan
My hon. Friend reminds us that we must return to the motion, so what does he think of the Government’s practice of setting the time for tomorrow’s debate to finish at 5.30 pm and ignoring the moment of interruption, which this House democratically voted to put at 6 pm on a Thursday?
Mr Jones
I am not sure whether my hon. Friend has got good eyesight or was reading my mind, because that was exactly the point that I was going to make next. [Interruption.] My hon. Friend the Member for Vale of Clwyd (Chris Ruane) says that he is “Mystic Kev”, and clearly he is. An important point is at issue, because when the Leader of the House made his opening remarks he was asked why the debate was going to finish at 5.30 pm and not 6 pm tomorrow and we are still waiting for an answer. That was the point that my hon. Friend the Member for Cardiff West (Kevin Brennan) tried to tease out with his manuscript amendment. Clearly, Mr Speaker, you have ruled that that is not in order, but we have still not heard an explanation of why 5.30 pm was chosen.
We have seen a strange thing this week, because this motion allows us five hours for the debate tomorrow, yet a matter of a day ago a motion proposed that we have three hours for that debate. No explanation has been given of why two hours have suddenly been conjured up—I will allow people to intervene on this. If we can suddenly, in a day, conjure up two hours, why can we not conjure up more time, as is clearly needed for this vital debate?
Kelvin Hopkins (Luton North) (Lab)
I am hoping to catch Mr Speaker’s eye tomorrow in the debate and I have much that I wish to say about this very important matter. If I cut to the bone what I wish to say, I will need at least 20 minutes to do any justice to the subject. What prospect does my hon. Friend think I have of having 20 minutes in which to speak tomorrow?
Mr Jones
The point has been made that if everyone spoke, they would get about 50 seconds. I know that my hon. Friend speaks very eloquently and, on occasion, can go on at length, as we all can, but I am sure that he could get his remarks down to fit the timetable. However, the fundamental point tomorrow is that we will have five hours in which to discuss these vital points.
Thomas Docherty
I am grateful to my hon. Friend for giving way. I do not wish to rain on his argument, but he is constantly referring to the five hours allowed. He might want to check the motion. If we have an urgent question or if business questions overrun—they are always popular thanks to the charm of the Leader of the House—we will have less than five hours to discuss this issue.
Mr Jones
I am grateful to my hon. Friend for making that point. When the Leader of the House opened the debate, he gave an assurance that the Government would not make any statements tomorrow that would eat into the time. My hon. Friend makes a good point, though: issues might arise overnight to do with the weather in Scotland and other parts of the country, or to do with the demonstration tomorrow, or with something else. An urgent question might be sought and Mr Speaker might allow it. A statement might have to be brought forward. If that happens, that will eat into the five hours that we have been allocated.
Paul Farrelly
Given the number of applications to make a speech—there has been a running total throughout the debate—may I tempt my hon. Friend to inquire of Mr Speaker whether he has decided that there will be a time limit on speeches?
Mr Speaker
Order. Perhaps I can be helpful both to the hon. Gentleman and to the House. The time allocated for the consideration of these important matters tomorrow is specified and protected time. Any concern that the hon. Gentleman might have of the kind that he has just expressed is almost certainly unfounded. I think it would be better if he were to develop his argument on other fronts. In the process, may I gently remind him that I am having some regard to the economy of speeches? I am interested to hear voices, but there must be economy.
Mr Kevan Jones
I think we have seen an historic moment tonight, Mr Speaker. I did not think it was possible for you ever to be wrong. The way in which you handled that is a credit to you.
Helen Goodman (Bishop Auckland) (Lab)
Has my hon. Friend considered this matter in the historical context? The last time we had such a considerable change to the funding system for higher education was in the 1940s. The Education Act 1944 was considered by many people to be the key reform in higher education and it was debated for a full year before the 1945 election. Has my hon. Friend taken that into account in considering his remarks tonight?
Mr Jones
I do not really want to go back to 1945, but I shall make some references to the Higher Education Act 2004 that are relevant to the time that has been allowed.
I want to ask the Leader of the House about the change that happened this week, from allowing three hours to allowing five. The motion was not moved last night and two hours were added to the debate. I think that everyone welcomes that, but it still gives inadequate time to cover the points that we have to make in the debate tomorrow. Whether that was another great concession wheedled out of the coalition by the Liberal Democrats I do not know; I am sure that if it was, we would have heard about it by now.
John Woodcock (Barrow and Furness) (Lab/Co-op)
Does my hon. Friend agree that rather than looking set to fall asleep, Liberal Democrat Members on the Government Benches would be well advised to be on their feet pleading for more than the five hours that has been allotted to the debate so that they can tell their constituents and the nation how they have got into this appalling mess and perpetrated this betrayal of their constituents’ trust?
Mr Jones
I do not want to intrude on the personal grief of the Liberal Democrat party. As with any other Member of the House, in the limited time available tomorrow, Liberal Democrats can try to catch the Speaker’s eye to make their points. I am sure that those who signed the pledge during the election but will vote in favour of the increase tomorrow will want to come to the House to explain why they have changed their minds. It is entirely open to individuals to do that.
Nic Dakin
I calculate that we have had about two and a half hours of debate, in which only three people have spoken, on an issue that might seem unimportant to people outside—whereas tomorrow we will have only twice as much time as that to debate something of great importance. I think that tells the story.
Mr Tom Harris
Given the severe and absurd restriction on the time that we have to debate this issue tomorrow, is it not likely that both Labour and Conservative Back Benchers will be given slightly more time, in the likely event that the Liberal Democrats have difficulty mustering Back-Bench speakers? They are unlikely to get the number of their speakers even into single figures!
Mr Jones
We will have to see what happens, but a very important point was raised earlier about the amount of time that will be available for Government Front Benchers to reply to the debate tomorrow. If we have a packed House with a lot of speakers, there will be limited time for Ministers to explain to the British public the policy that they are putting forward.
Alex Cunningham (Stockton North) (Lab)
I am grateful to my hon. Friend and fellow north-east MP for giving way. Tonight I have spent some time with the North East of England Process Industry Cluster, which tells me that it recruits many graduates in the north-east. I am sure that it will share my concern that those graduates—its feedstock—may not be available in future if these student fees are imposed. Does my hon. Friend agree that that is another good reason why we need more time to debate this important issue?
Mr Jones
My hon. Friend makes a good point. I told the Whips tonight that I was giving up the opportunity to dine with people from north-east industry, so I have given up that very nice dinner and an opportunity to discuss with those individuals, who are very important to the north-east, higher education and other issues.
Kevin Brennan
The Government’s response to the debate is a key factor, is it not? If they had simply allowed the debate to extend to the normal moment of interruption on a Thursday, there would have been half an hour for them to respond, but as things stand, we will probably have only something like five minutes each at the end.
Mr Jones
I accept what my hon. Friend is saying, but I do not think that an extra half hour would give the House enough time to debate this issue. The words of the Leader of the House in his opening statement are important. As a reason why the statutory instrument needs to be rushed through this week, in a matter of five hours, he said—I wrote this down—that otherwise we would slow the process down, and that the fiscal position we are in is important. That exposes the truth of why this measure is being driven through. It is nothing at all to do with higher education or ensuring that Members can have a debate tomorrow. Rather than the Government thinking about the future of the country and its educational needs, they are saying that future generations will have to start paying now, to try to help them in the financial position in which they now find themselves.
Julie Hilling
Does my hon. Friend agree that tomorrow we will be debating an issue of such importance for all young people in this country that we owe it to them to spend a reasonable time having a reasoned discussion, in order to make a decision on something that will live with them until they reach retirement?
Angela Smith
I have looked around me and seen on this side of the House at least four Members who once worked in higher education. They have the expertise that could be brought to bear on the issue in a Public Bill Committee. Should this legislation not be in a Bill, and be considered on Second Reading, in Committee and on Report?
Mr Jones
My hon. Friend takes me on to my next point, which is about the decision to debate the issue in five hours tomorrow. That is to ensure that the measure will be dealt with before the framework document is in place, but it seems ludicrous to have the discussion tomorrow and fundamentally change the funding of higher education in this country before we have the full framework policy document. That should be in place, not only to reveal how what is decided tomorrow may be interpreted, but to allow some newer universities a debate about their financial future. It is clear to me that some of them will struggle when these measures are implemented.
Mrs Moon
Is it not one of the risks that we are running that many universities in England will find it more attractive to bring in overseas students paying, yet again, higher fees? English students will not be able to afford to go to university. We are going to debate the issue within five hours, but the structure of education in Britain is to change dramatically. We need more than five hours to discuss that.
Thomas Docherty
On a point of order, Mr Speaker. I am struggling to hear my hon. Friend because of the large number of conversations taking place on the other side of the Chamber. Is there anything you can do to ensure that I can hear my hon. Friend?
Mr Jones
Thank you, Mr Speaker. My hon. Friend the Member for Bridgend (Mrs Moon) made a good point, because tomorrow is not just about raising the cap. It is about the consequences of raising the cap, which will have an effect through the recruitment of foreign students. Earlier, a point was made very eloquently by a Northern Ireland Member about the effect on Northern Ireland students. Tomorrow we will have to cover a range of issues, which will be difficult to do in the short time that we have.
Mr Wayne David (Caerphilly) (Lab)
Hon. Members have referred to Northern Ireland, but the regulations are specific to England. Of course, we are concerned about the whole United Kingdom, however, and we are talking about a variable geometry over the United Kingdom. Is it not right and proper, therefore, that we should have plenty of time to compare and contrast the situation in England with that in the rest of the United Kingdom?
Naomi Long
At the Northern Ireland Grand Committee yesterday, we were advised that the Barnett consequentials of the anticipated decision tomorrow, and of any bursary or student support arrangements that may or may not be introduced, have already been passed on to the Northern Ireland Assembly in the block grant. I would presume that it might take more than five hours simply to understand how such a calculation could be made.
Mr Jones
The hon. Lady makes a very good point. My right hon. Friend’s central message was that tomorrow we need to discuss, and will discuss, those complex financial implications. There are implications not just for universities and individual students, but, as the hon. Lady quite rightly says, for the Northern Ireland Assembly.
Paul Farrelly
I am listening to my hon. Friend with great interest, but I fear from the smile on the Government Chief Whip’s face that he is considering when to cut my hon. Friend off in his prime. If a closure motion is called, would it be remiss of Liberal Democrats to vote to curtail the debate?
Robert Flello
I am very grateful to my hon. Friend, whose speech I am enjoying greatly. I am also looking forward to making my own speech in due course, so I hope that there will be no closure motion. Owing to the joys of modern technology, Members in the Chamber can monitor their e-mails and see the constant stream of communication from students and their families who are worried about what will happen tomorrow and the amount of time we will have to debate this matter. Has he too received a huge number of representations, in his e-mail account and otherwise, from people concerned about the time we will have tomorrow?
Kevin Brennan
On a point of order, Mr Speaker. This is a matter of some great contention, and we know—indeed, you will be aware, Mr Speaker—that in the previous Parliament a disturbance during proceedings on the Hunting Bill debate caused the House to be suspended. In the unlikely and absolutely dreadful event of that being repeated tomorrow, would the five hours be protected, or would any suspension of the House eat into that time?
Mr Speaker
The short answer to the hon. Gentleman is that he is raising a hypothetical question, and my attitude is best encapsulated in the wise words of the late Lord Whitelaw, who famously said that on the whole he preferred to cross bridges only when he came to them.
Mr Jones
It is important to put this business motion into context. It is a Government motion that seeks to regulate the business and sitting of the House, and page 368 of “Erskine May” sets out the details about such motions clearly, stating:
“Such motions, which do not have precedence…are normally moved by the Leader of the House and invariably require notice”.
We have clearly had notice of tonight’s motion. Indeed, we had notice of an alternative motion this week, but unfortunately the Government did not move the first motion that they tabled.
“Erskine May” continues by stating that the motions regulating business are, first,
“those…referred to specifically in Standing Order No 15 (exempted business), which are moved at the interruption of business”.
The second type is also described on page 368.
“Erskine May” continues:
“Under recent practice, such motions are more commonly moved in the ordinary course of the day’s business in relation to the business proposed for a future day, in which case notice is given as for any other notice of motion. Typically, such motions may set a time limit for a future debate”—
that is clearly the intention of the Government’s motion tonight—
“and may provide for the putting of questions by the Speaker after a certain period or at a specified time.”
That last point relates to the limit of 5.30 pm tomorrow. It goes on to say that such motions “may be complex”. According to “Erskine May”, the purpose of such a motion may be
“To give precedence to government business over private Members’ business either on a particular day or days or for a period, for example, until the end of the financial year.”
Mr Slaughter
I wonder whether my hon. Friend is moving towards the recommendation of a specific time limit. If he is, I urge him to consider that eight hours might be more suitable than five, because according to a poll by The Sun, eight hours would allow one hour for every 1% of support that the Liberal Democrats now have among the people of this country.
Mr Jones
I note my hon. Friend’s wit, for which he is not famous. He has obviously worked very hard on that intervention, and I congratulate him. However, I will not go down that route.
“Erskine May” suggests that other purposes for such a motion might be
“To give precedence to specified business…on a particular day”,
“To provide for a Saturday sitting”,
or
“To provide for adjournment at a stated hour”
on a sitting day. As is eloquently laid out in “Erskine May”, the effect of motions such as the one before us is to limit discussion. In this case, it will limit discussion on a vital piece of legislation to five hours.
Roberta Blackman-Woods
Does my hon. Friend agree that one thing that will make life difficult tomorrow for those of us who wish to speak on behalf of our constituents is that the context in which the statutory instrument sits is changing all the time? For example, today there were yet more changes concerning part-time fees. That makes it impossible to work through the impact of the changes.
Mr Jones
My hon. Friend makes a very good point, representing a university city as she does. I remember working hard to get her elected in 2005, when we had to put up with more nonsense from the Liberal Democrats about tuition fees. No doubt my hon. Friend and I will remind them of that later this week when they are deciding how to vote.
Fiona Mactaggart
I thank my hon. Friend for giving way. I am concerned that he, like others, has suggested that the motion will give us five hours to debate the principle tomorrow. In fact, Standing Order No. 16, to which the motion refers, protects debate on statutory instruments. There will be two statutory instruments before us, which under the Standing Order will take up three hours of the debate. There will therefore be only two hours left to debate the fundamental principle of how we fund higher education.
Mr Jones
I must tell my hon. Friend that she is technically not correct. Mr Speaker explained that the statutory instrument and the general principle will be put together to allow five hours’ debate. The effect of tonight’s motion will be to limit debate. It will clearly not provide enough time to discuss the issues that have been raised in the House tonight. It will dismay the many thousands of electors who will be affected by the measures now or in the future, that a fundamental change to education in this country can be decided and voted on in five hours.
Emily Thornberry
Further to the point made by my hon. Friend the Member for City of Durham (Roberta Blackman-Woods) on the concessions that are being made, is my hon. Friend the Member for North Durham (Mr Jones), as an experienced Member of this House, confident that there will not be a Cancun concession tomorrow that will also have to be debated, so that there will be another last-minute change?
Mr Jones
Indeed, or delay the debate until another day.
It is important that people who signed the pledge, as they called it, have the opportunity to come here tomorrow and take part in the debate. It was interesting that in last week’s Question Time the Deputy Prime Minister refused on several occasions to indicate how he or his party intended to vote. We were told earlier tonight that the Liberal Democrat group had unlimited discussions the other night to try to get some consensus on how they would vote, and they still could not come to a decision.
Helen Goodman
I do not know whether my hon. Friend has calculated this, but had the proposal gone through a normal legislative process, we would probably have had 170 hours’ debate. We are to have precisely 3% of the amount of time that we would have had. Has he also noticed that the motion before the House this evening specifies when the matter will be debated, Thursday 9 December, and has—
Mr Jones
My hon. Friend makes a very good point about the specific day that the Government picked for the debate. We have seen changes to the motion this week, and it would be interesting to know why the motion for a three-hour debate was not moved the other night. I return to the point that I have yet to learn the justification for why we got the extra two hours. If we can allow two extra hours, I am sure we can allow more.
Albert Owen
My hon. Friend is making a strong point. The Leader of the House has been here throughout the debate, and he is very courteous and usually very helpful. He could clear the matter up by coming to the Dispatch Box and explaining to us why we have a 5.30 pm cut-off. I am dismayed that he has not taken up the opportunity. [Interruption.]
Mr Jones
I am sure that the Leader of the House—[Interruption.] I am sorry, but I think that barracking the Leader of the House is wrong, because he is a very courteous individual who respects the House. I am sure that in his winding-up speech, he will want to explain why we have the extra two hours.
We have already explained how the motion before us tonight relates to “Erskine May”. It is the same principle as a programme motion.
Sandra Osborne
Does my hon. Friend recall the regular songs and dances in the previous Parliament from both the Conservatives and the Liberal Democrats about programme motions, and about how if they got into power they were going to do away with them? Does he think that is consistent with what they are doing tonight?
Mr Jones
No, and my hon. Friend is another Member who has read my mind, because I was just about to come on to that. The Deputy Leader of the House, who has now resumed his place, used to give long lectures on why programme motions were so evil, but the effect of tonight’s motion will be to limit the time for debate in a similar way to a programme motion.
I do not intend to go through the entire history of how we came to have programme motions, because that would lead us away from the point, but as my hon. Friend the Member for Ayr, Carrick and Cumnock (Sandra Osborne) said, in the last Parliament we were regularly told how evil programme motions were. The hon. Member for Aldridge-Brownhills (Mr Shepherd) set out his views clearly on many occasions about why programme motions, or limiting the time for debate—
Mr Speaker
Order. May I say to the hon. Gentleman that, as I think he knows very well, he has a well honed technique of informing the House that he is not about to talk about something, before proceeding to do precisely that? He said that he would not rehearse the history of programme motions, and he is absolutely right, he will not. I hope that he will now focus on the specifics of the motion as, presumably, he is drawing his remarks to a close.
Mr Peter Bone (Wellingborough) (Con)
He’s still talking about programme motions!
Mr Jones
Programme motions are very similar to the motion that we are debating. If the hon. Gentleman had been here, which he quite clearly has not, he would be following the debate rather than chuntering from a sedentary position.
I should like to compare this situation with the two previous occasions when the House debated changes to the system of tuition fees—before the Teaching and Higher Education Act 1998 introduced the £1,000 fee for students, and before the Higher Education Act 2004 introduced variable top-up fees. In 1998, the Government introduced a number of programme motions. A report said that nobody objected to them, but six hours was allowed to debate amendments. No one spoke against or resisted those programme motions.
It might help if I set out in terms on the Floor of the House the consideration of the 2004 Act. Far more than five hours was allowed for debate. As my right hon. Friend the Member for Leeds Central said, in 2004, there was more time on Third Reading and Report and otherwise to debate amendments, and the Government also ensured that there was a full debate on the implications of variable top-up fees—we will discuss increasing the cap on top-up fees tomorrow.
On both those occasions, Conservatives and Liberal Democrats spoke against limiting the time—the generous amount of time—that was allowed for debate. It is important to remember that there is some inconsistency in what the coalition Government are proposing, because when the Conservatives and Liberal Democrats were in opposition, they opposed programme motions on the ground that they limited time, but they are tonight going to go through the Division Lobby to allow only five hours to debate the increase in the cap on tuition fees.
Dr Whitehead
My hon. Friend is reflecting on the 2004 Act. He will recall that at the end of the lengthy discussions on that, a sunset clause was inserted that required any suggested increase on the cap on tuition fees to be the subject of a full debate on positive resolutions in both Houses. Does he consider that the hours allocated for tomorrow discharges that clause?
Mr Jones
My hon. Friend played a key part in that legislation, and he makes a good point. If we are to have a detailed discussion on the implications of the Government’s proposals, we need time. That was not the case in respect of the discussion on the 2004 Act. Time on the Floor of the House was given for full discussions on the implications of the measures. I also remind the House that many Labour Members at that time made key points to try to get concessions out of the Government, including my hon. Friend, to ensure that poorer students were protected.
Steve McCabe
Is my hon. Friend aware that since this debate began, a further 23 Members have applied for permission to speak in the debate tomorrow, taking the total to more than 70? Does that not show that it would be ludicrous for the Leader of the House to stick to his current position? Now is the time for him to recognise the mood of the House and agree to an extension of the time.
Mr Jones
It is not only the mood of the House: it is also the mood of the country. As with many things that this Government are doing, they are rushing things through. If we had pushed through legislation and ignored the House to this extent, we would have been rightly criticised. Sometimes we did not allow the House enough time for true debate and we were criticised in the press. The point has already been made that curtailing debate also leads to bad legislation, because the implications are not scrutinised either on the Floor of the House or in Committee.
Kevin Brennan
My hon. Friend knows that this House has taken a few knocks to its reputation in the last couple of years. Will not the public be staggered when they find out that not only will the debate tomorrow be limited to five hours, but that the Government are not even proposing that the House uses up the time that it normally has available on a Thursday and finishes at half-past 5 instead of 6?
Mr Jones
My hon. Friend has made that point eloquently for the third time. I know that repetition is important, but I do not want to repeat points that have already been made well. It is true that we still have not had an explanation for the finishing time from the Leader of the House.
In conclusion—[Hon. Members: “More!”] I could start from the beginning if people want me to do so—[Interruption.] The Minister of State, Foreign and Commonwealth Office, has been chuntering from a sedentary position all night. I do not know whether he actually wants to make a contribution to the debate tonight or tomorrow, but as he has given up his principles for his red box and car, perhaps he should explain why.
In conclusion, five hours is completely inadequate to discuss the important implications of the motion tomorrow. It will affect not only thousands of students who are now in university, but thousands in the future. It will change the relationship between the state and higher education. It is not acceptable to rush that motion through in five hours without any justification for why three hours was okay two nights ago and five hours is adequate now. I urge hon. Members, especially those Liberal Democrats who still have their backbones in place, to vote with us and object to this programme motion tonight.