Parliamentary Voting System and Constituencies Bill

Debate between Lord Bach and Lord McAvoy

Tuesday 1st February 2011 Lords Chamber

[Lord Bach]

My Lords, I speak on behalf of my noble friend Lord Rooker. This small amendment refers to the sealing of ballot boxes before the commencement of the poll, as provided for in the rules for conduct of the referendum given in Schedule 2 to the Bill. The schedule currently advises that the presiding officer must show “anyone present” in the polling station immediately before the commencement of the poll that the ballot box is empty. My noble friend's argument—we do not make too much of this or say that it is a major issue—is that this should be changed to require the presiding officer to show “the first elector” who comes to vote in that polling station that the ballot box is empty.

We believe that the amendment would add a degree of precision to the requirement on the presiding officer and add to confidence in the legitimacy and validity of the poll and its result. Being more specific about who is to see and verify that the ballot box is empty is a small but important symbol that the poll is to be carried out properly. It is too vague to say “anyone present”. That could be the cleaner or the person who is with the presiding officer to help with the running of the poll. Why not require that the first elector who comes through the door should see that the ballot box is empty before casting their vote, which would be the first one in the box? As I said, this is not a major amendment, but I think that it deserves an answer. I beg to move.

[Lord McAvoy]

My Lords, I rise briefly to support the amendment, on which I will enlarge just a bit. We have good traditions and symbolism in British democracy. I have been an election agent and a candidate. I thought that it was the law that either the agent or candidate could see inside each ballot box before it was locked. That happened regularly. Perhaps it was only in council elections—I am not sure, but I used to see it quite often. I agree very strongly with entrenching the symbolism so that it is not just anyone who sees that part of the procedure. Perhaps we could embellish our democracy a bit by making a bit of a tradition and a bit of a show, to get people there and show that the box is indeed empty. While folk may scorn that type of thing, nevertheless it would show clearly the symbolism that our democracy is vibrant and seen to be so.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Bach and Lord McAvoy

Tuesday 30th November 2010 Lords Chamber

[Lord McAvoy]

I support the amendment of my noble friend Lord Foulkes. I wish to spend a couple of minutes on one of my favourite subjects—the behaviour of the Liberal Democrats. I can see one noble Lord covering his face in horror, but the best is yet to come.

In setting the background, I shall begin with the contribution of the noble Lord, Lord Tyler, my good friend who expressed such affection for me last week. I am beginning to think that I would rather it was an affection that did not speak its name. The gist of the noble Lord’s contribution was, “If you do not let us put this Bill through, we will do this and that to you”, and he portrays our principled opposition to the Bill as being destructive. He portrays it as being aimed at nothing other than destroying the Bill, with nothing positive in it.

That was followed in even worse terms by the noble Lord, Lord Strathclyde, whose contribution was designed to intimidate and bully anyone who opposes the Bill. Those who oppose the Bill would be portrayed as obstructing the House of Lords and ruining its conventions. In my short time here, I have seen more destruction of the conventions of the House coming from the Conservative Government, and yet they accuse us of destroying them. Both the noble Lords, Lord Tyler and Lord Strathclyde, have put forward a deliberate strategy that is designed to convince our colleagues on the Cross Benches that we are entirely negative about this. I see a Conservative Peer nodding in agreement. There has been not a word about principled opposition or the excellent points that have been made by my colleagues. They are far better points than I will make, but they have not been listened to. Their strategy is to portray us as obstructive and to destroy our democratic right to revise the legislation and to ask the Government to think again.

I do not look to defeat the elected House of Commons—I never have; at the end of the day, it must have its way. However, I recall that time and again the Conservatives and Liberals defeated the Labour Government on the basis that they asked them to think again. This House normally performs its traditional, conventional duty of revising legislation, suggesting improvements and asking the Government of the day to think again, but that is not happening here. We are not out to defeat the Government—I certainly am not and I do not think anyone else is—but we are asking them to think again, as we have a democratic right so to do. We should not be portrayed as destroying the conventions of the House.

My final comment concerns the noble Lord, Lord Tyler. He waxed lyrical—or not so lyrical—about how explicit the Labour Party was in promising a referendum on AV. If we are going to have a league table, or an exposé, on those who make explicit pledges and promises and then deny them, I do not think we could have a better example than Mr Clegg and every Liberal MP who was elected on a pledge to vote against tuition fees. We should have a bit less of that attitude.

Throughout the debate on the Bill, the perils of legislation such as this, especially on a constitutional matter, being railroaded through without any pre-legislative scrutiny of any kind, have been clear. It should not happen on constitutional matters, but what we have here is the fanatics of proportional representation selling their soul to the Conservatives for the sake of a referendum on AV. I am not personally any great lover of referendums. I seem to be the only one here tonight, among my noble friends, who regarded the referendum result in 1979 as a victory. I think that that was a victory in 1979, but I seem to stand alone on these Benches—there we are; nothing new in that.

My noble friend Lord Browne of Ladyton indicated the number of votes that were spoiled and quite rightly blamed the systems. I stood at gates throughout the constituency and time after time the staff were not able to do their work. It was a brand-new system to them, they found it confusing, they could not give the right advice or they gave the wrong advice, and people did not know what to do—not all our political activists were au fait with the system and able to give definitive advice and it ended up a mess.

That was compounded in the constituency of Rutherglen and Hamilton West when we had a by-election in the Cambusland East ward, due to the tragic death of the sitting SNP councillor, who had great respect in the ward. We all turned up for the count that night, stood around for two or three hours, things went wrong and we were told to go home and come back the following morning. We came back the following morning, nobody oversaw the count, the political parties did not oversee the count and we were just told by the chief executive of the council what the result was. That is what happens when change is rushed and people do not have any experience of it.

To have this referendum on the same day—and, as was the case with the Scottish Parliament elections, without consultation of any kind—is quite insulting. To go back to the failure that my noble friend Lord Browne of Ladyton, mentioned, I do not see any sign—and I am honestly willing to listen—of any education or training taking place to take account of and to deal with the mistakes and faults in that system come May and referendum day. I have not heard a single thing and if anyone, such as the noble Lord, Lord Wallace of Tankerness, can come up with specific details of extra training schemes to take account of those lessons, that would be welcome.

What we have with the Bill is rushed legislation driven by the future National Liberal contingent in this Parliament—because they will be exposed as they were in the 1920s and 1930s and we will end up with National Liberals. Look at the Conservative Benches, by far the bigger part of that coalition team. Where are they? They are not here. The noble Lord, Lord Hamilton, is the sole representative. We have a mess here. It is being railroaded through. I am strongly opposed to that and I will continue to oppose it on the basis of revising, improving and asking the Government to think again.

[Lord Bach]

My Lords, it has been a very interesting debate—