Parliamentary Voting System and Constituencies Bill

Debate between Lord Bach and Lord Lawson of Blaby

Monday 31st January 2011 Lords Chamber

[Lord Bach]

My Lords, the Deputy Prime Minister has frequently tried to place the Bill in the proud lineage of great reforms that led to the introduction of universal suffrage in Britain. I quote from his “new politics” speech, delivered in May last year:

“I’m talking about the most significant programme of empowerment by a British government since the great reforms of the 19th Century. The biggest shake up of our democracy since 1832”.

In the same speech, recalling the “anger and disappointment” felt by thousands of people who were turned away from the polling stations on general election night, he declared:

“You must be confident that, come polling day, your voice will be heard … Under this government’s plans, you will”

However, we know, as the Committee has heard before, that as a result of gaps in our electoral register, many millions of people are going to be denied a voice—indeed, any acknowledgement of their existence—in the two central proposals contained in the Bill.

The Government are fond of saying that this Bill is underpinned by the principle of equality, but you cannot get equality on the electoral playing field on the basis of a grossly unfair or unequal register. This is particularly so in respect of the proposed boundary changes, which are to be drawn on the basis of the December 2010 register, from which it is agreed that upwards of 3.5 million eligible voters are missing.

Putting that problem on one side, I think that the problem of underregistration also has a significant bearing on the referendum on the alternative vote, which is the subject of Part 1 of the Bill. As we are well aware, the Government intend that the referendum will be held on 5 May next, which, in our view, would be an unsuitable date. Even if the referendum goes ahead on that day, the referendum will at least be contested on a marginally more up-to-date electoral roll than that to be used for the boundary changes, if for no other reason than that there is still time to put missing people on the register. If the referendum was not going to be held so soon, this would allow even more time.

Happily, the Bill provides for that eventuality. Following the Committee’s acceptance of the amendment moved by my noble friend Lord Rooker, the Bill will not actually require a referendum to take place until October of this year. We believe that that extended deadline provides an important opportunity for the registration problem to be properly addressed and sufficient leeway for the acceptance of Amendment 102.

Amendment 102 is concerned with the commencement of Part 1 of the Bill. If accepted, the amendment would require the Electoral Commission to certify,

“that every local authority has taken all reasonable steps to ensure that the electoral register is as complete and accurate as possible”,

before the AV referendum is held. The amendment would not require a certain percentage of eligible voters or resident adults to be registered. In previous debates, that was felt to be an unreasonable target. Indeed, there was some disagreement about what the right percentage target would be. The amendment would simply impose on the Electoral Commission a requirement to judge whether local authorities are doing all that they reasonably should to ensure that as many people as possible are registered to vote.

[Lord Lawson of Blaby]

I have noted what the noble Lord has said. Does he consider that there may be some people—perhaps a lot of people—who do not register simply because they are not interested in voting at all? That may be deplorable, but that may be the case. Therefore, many of those who are not on the register may not be so due to any failure on the part of the responsible authorities in getting them on the register.

[Lord Bach]

Of course the noble Lord is right. There are some people who decide, as a matter of choice, not to vote in any election of any kind or may, in the past, have had some reason for not putting their names on the register. However, my amendment seeks to ensure only that local authorities have taken all reasonable steps to ensure that the electoral register is as complete and accurate as possible.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Bach and Lord Lawson of Blaby

Wednesday 15th December 2010 Lords Chamber

[Lord Lawson of Blaby]

As the noble Lord, Lord Elystan-Morgan, said that I was going to intervene in this debate, I had better do so; indeed, I had intended to do so. It is the first time that I have intervened in Committee on the Bill and I shall try not to detain noble Lords for too long. I do not need to, because the noble Lord, Lord Elystan-Morgan, made a number of important points with which I agree but, in particular, my noble friend Lord Lamont made all the main points very convincingly.

I just add one or two points to that. First, this is not merely a constitutional matter; it is a constitutional matter of great importance. If there is a low turnout, it may well be that that is because too many people are puzzled by exactly what the implication is of a change from first past the post to the alternative vote, so they do not feel able to cast their vote. For that reason, you might get a very low turnout. In fact, the alternative vote system is generally agreed to be a totally capricious system. Every inquiry that has looked into it, such as the Jenkins commission, found it to be totally capricious. It could produce extraordinary results.

Seeing the noble Lord, Lord Bach, in his place—I am very glad to do so—I give an example from the constituency of Blaby, which I had the honour of representing for 18 years and five general elections. I mention the noble Lord, Lord Bach, because he was one of my most distinguished constituents. Not only that, if I remember rightly—he will correct me if I am wrong—he was chairman of the constituency Labour Party.

[Lord Bach]

I still am.

[Lord Lawson of Blaby]

The noble Lord is a glutton for punishment. As the noble Lord, Lord Bach, will confirm, a characteristic of the constituency of Blaby was that it was always clear that the Conservative candidate—and I was fortunate enough to be the Conservative candidate for all those years—would come first past the post by a huge majority. However, two things were uncertain. The first was whether it would be an overall majority or fall short of an overall majority. In the five elections I fought, I had an overall majority in three of them and failed to get an overall majority in the other two. It was also uncertain as to which candidate would come second—whether it would be Labour second and the Liberal Democrat third, or the Liberal Democrat second and Labour third. In fact, on three occasions the Liberal Democrat came second and Labour third, and on the other two occasions it was the other way round, with Labour second and the Liberal Democrat third.

However, under the alternative vote system, which of the two came second and which of the two came third would have determined the result of the election. If the Liberal Democrat came third, it is a reasonable presumption that the second preferences would have been divided equally between myself and the Labour candidate and therefore they would not have affected the result; I would still have been elected. If, however, Labour came third, it is a reasonable presumption that the Labour voters would have given their second preference to the Liberal Democrat rather than to me—regrettable though that judgment might have been—in which case the Liberal Democrat would have been elected. Therefore the decision as to who was elected depended on who came second and who came third. It is an absurd, totally capricious system.

Furthermore, under the alternative vote system, if I had wished to maximise my chances of being elected, which is a reasonable ambition, I would have privately told all my closest supporters to vote Labour because that would reduce the risk of Labour coming third. I did not do that because we did not have the alternative vote. It is a ludicrous and capricious system which encourages insincere voting.

If we are going to introduce something like that—if we do make that move—there is a risk that when the public tumble to what is happening they will be extremely dissatisfied with it and there will be a serious loss of faith in our democratic system. It is important that that does not happen by inadvertence, as it were, because of a small poll. We will want as many people as possible to have bought into the change to reduce the risk of them becoming disaffected with our democratic system. We have problems of disaffection with our democratic system as it is; we do not want to maximise that. So we must have a threshold. As my noble friend Lord Lamont and others have said, every country has some kind of special supermajority or threshold requirement whenever it is making a constitutional change.

The question then arises of what kind of threshold it should be. Should it be as with the Cunningham amendment—I shall come briefly on to that—of January 1978, I think it was, in the Scotland and Wales Acts where the majority has to be X per cent—in that case the winning side had to get 40 per cent—or should it be a turnout threshold? I confess that I think that the Cunningham amendment was a better system; a threshold on overall turnout is not as satisfactory. However, I take the point of my noble friend Lord Lamont that it is arguable that to have a threshold for the winning score would be in conflict with the coalition agreement, whereas we have established that that is not the case with a threshold for turnout.

I confess within this private space that I do not regard the coalition agreement as holy writ and, although I am not the greatest constitutional expert, I do not believe that it is even protected by the Salisbury convention. Nevertheless it is right that we should have some regard for it on this side of the Committee. For that reason I am prepared to support the idea of an amendment introducing a threshold for turnout. I agree with the noble Lord, Lord Elystan-Morgan, that 25 per cent is ridiculously small and that it should be somewhere in the order of 40 per cent or 50 per cent.