Local Government: Women in Leadership Roles

Debate between Lord Bourne of Aberystwyth and Baroness Gale

Wednesday 8th March 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, across the range I agree. All political parties have a part to play in this. If we look at representation in Parliament, the noble Baroness will be aware that in the general election the Liberal Democrats did not elect a single woman MP. That has now improved: they have one. We all have a part to play; certainly the Government do. Political parties have a part to play, as do private industries. All of us together need to improve the position in public life and private life.

[Baroness Gale (Lab)]

My Lords, having more women in local government is essential. It is often a precursor to office in other fields, such as becoming a Member of Parliament. Does the Minister agree that women want to serve but there must be a responsibility, as he said, on all political parties to ensure that women are treated equally? Does he therefore agree that the Government should adopt the recommendation from the Women and Equalities Committee in another place that, to achieve parity among candidates, we need legislation that involves financial penalties for underperformance, and that this measure would increase the number of women councillors and women in all walks of elected positions? This happens in other countries. Will he comment on that and do his best to make sure it happens?

[Lord Bourne of Aberystwyth]

My Lords, I know the noble Baroness has done considerable work in Wales in relation to the National Assembly. She will be aware that there was a mandatory position on all-women shortlists, or twinning at one stage, although that has since been dropped. There are many ways that we can achieve success, and part of it is through action by political parties and part through action by government. She will perhaps be aware that today the Prime Minister and the Chancellor have announced £5 million to assist women returning to work. This is the sort of thing we need to look at. Action needs to be taken perhaps on indirect discrimination which has affected women and on the gender pay gap we have, but there are many different matters that can be addressed, and I do not think there is a silver bullet.

Wales Bill

Debate between Lord Bourne of Aberystwyth and Baroness Gale

Committee: 4th sitting (Hansard): House of Lords
Wednesday 23rd November 2016 Lords Chamber

[Baroness Gale (Lab)]

My Lords, this group of amendments relates to Welsh tribunals. We welcome the fact that the UK Government have brought forward these provisions. The new role of President of Welsh Tribunals will provide judicial leadership in support of the Welsh Government’s programme of tribunal reform. The ongoing reform of the Welsh devolved tribunals is designed to strengthen judicial independence and provide service improvement and consistent standards across England and Wales.

Another amendment in this group relates to youth justice. There is a great deal of good practice in terms of Welsh public services working closely with the UK Youth Justice Board for the benefit of the child affected, but it is worth noting that this is one of the few areas of policy relating to children and young people that is not devolved to Wales. There is a danger that services may be commissioned for young people generally in Wales, while those in the youth justice system will not be able to access them. This is one of the reasons why the Welsh Government would like to see the youth justice system devolved. But the view on our Benches is slightly different, in that we believe that we should wait for the full publication of the report by Charlie Taylor who is investigating this matter, and we believe that this is one of the areas on which our proposed justice commission should focus. I look forward to what the Minister has to say on these amendments.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate on this group of amendments. I shall first deal with the points made in relation to Welsh tribunals and the President of Welsh Tribunals. I thank noble Lords for the general welcome for provisions that strengthen Welsh tribunals and their operation in Wales.

In relation to Amendment 107H, I say to the noble Lord, Lord Howarth, that I do not see anything irregular in this because the power to be exercised by the Lord Chancellor in relation to adding tribunals and so on to the list is subject to affirmative resolution in new Section 107H(3). So that would be entirely regular—but perhaps I misunderstood the noble Lord.

Wales Bill

Debate between Lord Bourne of Aberystwyth and Baroness Gale

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 31st October 2016 Lords Chamber

[Baroness Gale (Lab)]

My Lords, I thank my noble friends Lord Hain and Lord Murphy and the noble Lord, Lord Wigley, for bringing these amendments before us tonight. I am sure that we all agree that we have had a very good debate on them. I think that this is the first time we have ever debated the qualifications of candidates for the Welsh Assembly. It is something that we should all be looking at. The current qualifications for candidates are wide. A candidate has to be at least 18 years of age, be a British citizen, an eligible British Commonwealth citizen or a citizen of any member state of the European Union—but I suppose that that could change in the near future. There is also no requirement in law for a candidate to be registered as an elector in Wales. I believe that the qualifications for those who stand for the House of Commons are very similar.

That is very different from the qualifications required to be a local government candidate in Wales and England. Some of them are similar to those for standing for the Commons and the Welsh Assembly, but with one big difference. Candidates have to meet at least one of four criteria. They must be registered as a local government elector for the local authority area in which they wish to stand from the day of nomination onwards, or occupying as the owner or tenant of any land or premises in the area during the whole of the 12 months prior to the day of nomination and on the day of the election. The local government area must be the main or only place of their work during the 12 months prior to the day of nomination and on the day of the election, or they must have lived in the area during the whole of the 12 months before the day of nomination and on the day of the election.

It is clear that local government candidates must have some links with the area which they represent. That makes sense and is in line with the amendments before us. What is good enough for local government candidates must surely be good enough for Welsh Assembly candidates. However, it is important that there should be more than one qualification. It should not be just a case of whether you are an elector and live in Wales; you should have wider qualifications. Of the four or five qualifications, or however many there are, a person should meet at least one of them.

This has been a very good debate and it is important that we should have had it. As other noble Lords have said, it has been brought about because of this year’s elections to the Welsh Assembly, which made us all think about the issue—I do not think that any of us had thought about it previously, because nobody believed that someone elected to the Welsh Assembly would not be Welsh or not be living in Wales. It has never happened before.

The matter requires further discussion, but I ask the Minister whether it could be included in the devolution of election matters to the Welsh Assembly as laid out in the Bill or whether it is a matter for the UK Government to determine. We believe that it should be for the Welsh Assembly to decide on qualifications of candidates. Let it decide what it believes are the right qualifications for candidates. It would probably agree that there should be more than one qualification to stand for election to it.

We need clarity, which I am sure the Minister will give us. If the matter is to be devolved, it is right that we should have had this debate. I am sure that Welsh Assembly Members and the Welsh Government will look what at what we have said. I look forward to hearing from the Minister.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate on these amendments. I thank the noble Lord, Lord Hain, for bringing the matter forward and, indeed, for admitting to a degree of “mea culpa” on earlier provisions.

The amendments would prevent individuals not resident in Wales, and not recorded as such on the electoral register, being Members of the National Assembly for Wales. As the Government committed to in the St David’s Day agreement, the Bill devolves powers over its own elections to the National Assembly for Wales. This includes the eligibility to stand as a candidate at such an election and the criteria under which a candidate may be disqualified from being an Assembly Member. These would be matters for Wales and the National Assembly for Wales. There is a slight irony in the fact that earlier we debated what “not normally” covers, yet here are seeking to legislate in areas that will now be presented to the National Assembly for discussion and decision. It is absolutely right that this area relating to electoral practice should be a matter for the National Assembly for Wales. I indicated to the noble Lord, Lord Hain—and I have had lawyers look at this—that these matters will be transferred to the National Assembly for Wales and it is right that it considers them.

Very good points have been made by noble Lords in relation to the arguments. The noble Lord, Lord Crickhowell, spoke about the residency requirement for those who may live just over the border at Knighton—close to the station perhaps, which is in England—rather than in the town of Knighton, and so on. They are issues that the Assembly will want to look at, just as it will no doubt want to look at the point made by my noble friend Lord Norton of Louth on the choice for electors. I speak as somebody who as an Assembly Member was determined to live in the area I represented; certainly, it was true then that everybody who was in the National Assembly for Wales lived in Wales. These are valid points for the Assembly to look at; they are not matters that we should pontificate on. With respect, I therefore ask noble Lords not to press their amendments.

Draft Wales Bill

Debate between Lord Bourne of Aberystwyth and Baroness Gale

Thursday 29th October 2015 Lords Chamber

[Baroness Gale]

To ask Her Majesty’s Government to what extent the draft Wales Bill secures powers for the National Assembly for Wales.

[The Parliamentary Under-Secretary of State, Department of Energy and Climate Change and Wales Office (Lord Bourne of Aberystwyth)]

My Lords, the draft Wales Bill will deliver a stronger Wales in a strong United Kingdom. The new reserve powers model will provide a clear devolution boundary between what is reserved and what is devolved. The draft Bill also strengthens Welsh devolution by devolving important new powers over energy, transport, local government and Assembly elections.

[Baroness Gale (Lab)]

I thank the Minister for his reply. However, I am sure he is aware of the concerns in Wales about the draft Wales Bill. Will the Minister agree to meet Welsh Government Ministers to listen to their views on the draft Bill? They suggest that the current Assembly powers will introduce an effective Westminster ministerial veto over Welsh laws. Surely he is aware of that concern. I know that the draft Bill is going through the Commons at the moment, but will he meet Ministers in Wales to discuss these difficulties?

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness is quite right: the Bill is still in draft form. It will undergo pre-legislative scrutiny and be introduced into the Commons early next year. Discussions are going on about the Bill almost as we speak—the Secretary of State is in Cardiff today, for example. As I understand it, constructive discussions are going on between officials and Ministers.

Wales Bill

Debate between Lord Bourne of Aberystwyth and Baroness Gale

Tuesday 11th November 2014 Lords Chamber

[Baroness Gale]

My Lords, I speak to this amendment in support of what my noble friend Lord Anderson said. When the Welsh Assembly was set up as an elected institution, it was the Labour Party that introduced PR for the regional list—along with the traditional first past the post system—which was in direct opposition to its own political interests. It is only a few years ago that we had a referendum for the people of this country to decide what system of voting they wanted. Overwhelmingly, they decided that first past the post was the best system.

Removing the ban on dual candidacy would mean that candidates who have been rejected by the electorate under first past the post could get into the Assembly via the back door. We believe that that is subverting the will of the electorate. The majority of people responding to the Government consultation on this issue disagreed with the Government’s position. We share the wider concerns of the public that removing the ban would be anti-democratic. As my noble friend Lord Anderson clearly illustrated, it would allow losing candidates to be elected by the back door. It is not what the voters want.

As I said on Second Reading, it is not surprising that two significant surveys carried out on dual candidacy have both found a clear majority in favour of a ban. One was the Government’s own consultation and the other the Bevan Foundation study. According to the Government’s own consultation, there was a small majority in favour of the ban. It does seem strange that the Government are completely ignoring their consultation—I assume because it did not give them the answer that they wanted.

The Explanatory Notes on the Wales Bill say that this change will be made to the benefit of the smaller parties in Wales. They say that studies by the Electoral Commission and others,

“have demonstrated that the prohibition has a disproportionate impact on smaller parties who have a smaller pool of potential candidates to draw upon”.

If that is the case, we are changing the law in order to help smaller parties because they cannot find enough candidates. I have seen no evidence of that. At every election, every party in Wales fields a full slate of candidates, so to me there seems to be no problem. If that is the reason for changing this, it does not hold up very well because no party has had any candidate vacancies.

There should be strong democratic reasons for a change back to dual candidacy, but I do not think that the Government have produced any. I can give a commitment that if Labour is in power after the general election, and if this is carried through, we will reintroduce the ban on dual candidacy.

[Lord Bourne of Aberystwyth (Con)]

My Lords, Amendment 7 tabled in the name of the noble Lord, Lord Anderson, would remove Clause 2 from the Bill. The clause overturns the ban on dual candidacy by the previous Labour Government, thus reversing their own position as set out in the Government of Wales Act 1998. Dual candidacy refers to the situation at an election where a candidate stands in both a single member constituency and on a party list at the same time. Perhaps I may say first that the amendment seems to be supported only by the Labour Party. Indeed, the noble Lord, Lord Howarth, referred to the fact that the three other parties are very much against this change, which should suggest to noble Lords that this is something of a partisan manoeuvre on the part of the Labour Party; it would seem that everyone else is out of line except for that party.

Let us look at some of the arguments which have been put forward. The noble Lord, Lord Anderson, knows that I respect him immensely, but I cannot understand the argument that when people go into a polling station and cast their vote, they are voting against candidates. They are voting for a candidate. There is no evidence to suggest that when people voted in Clwyd West they were voting against Brynle Williams, Eleanor Burnham and Janet Ryder; they were voting for Alun Pugh. Unless noble Lords on the other side are suggesting that some candidates have more validity than others or some Members have more validity than others, it is hard to see their objection to people being elected on the proportional list who have been candidates for constituencies. I cannot follow the argument that people are voting against candidates; they are voting for candidates when they vote.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

This comes back to the amendment put forward by my noble friend Lord German where the candidates’ names are on the list. I should like to see the evidence that people are voting against candidates; none has been brought forward that I have seen.

When the last Labour Government introduced the ban on dual candidacy in the Government of Wales Act 2006, Ministers claimed to have done so as a result of the general public’s “considerable dissatisfaction” with dual candidacy. I have heard it suggested again today that an overwhelming majority of people are against it. Let us look at the two surveys referred to by the noble Baroness, Lady Gale. I turn first to the Government’s Green Paper. It was suggested by the shadow Secretary of State in another place that an overwhelming majority of respondents to the consultation were opposed, but in fact the summary of responses published by the Wales Office in 2012 notes only a small majority—in fact, it was a majority of one.

Let us look at those who actually submitted to the consultation. The majority in favour of removing the ban were Labour AMs with responses written in remarkably similar language. I would ask noble Lords to look a little more closely at the evidence before they assert, as was done in another place, that an overwhelming majority of respondents thought that it was right to have the ban. Frankly, that is not the case. It is true that the 2006 paper produced by the Bevan Foundation found that a small majority did consider it to be unfair, but the foundation went on to say that any change should be “based on sound evidence”.

Perhaps I may take noble Lords with me to look at some of the evidence. Independent bodies such as the Electoral Commission have disputed the change. They have suggested in evidence to the Welsh Affairs Committee that the view is clear that prohibiting dual candidacy in Wales is not something that they are in favour of and is not supported by evidence as necessary. It seems to me that no evidence has been brought forward since then that suggests that such a change is necessary.

An acknowledged expert on this issue is Professor Roger Scully—who has already been mentioned—from Cardiff University’s Wales Governance Centre. I do not know his politics, but I know that he does not vote for the Conservative Party. He said:

“No substantial independent evidence was produced at the time of the GOWA”—

the Government of Wales Act 2006—

“(or, to my knowledge, has been produced subsequently) of significant public concern about dual candidacy. The claims made about dual candidacy ‘devaluing the integrity of the electoral system’, and ‘acting as a disincentive to vote’ therefore remain wholly unsupported by solid evidence”.

It is a fact, and one recognised by the Arbuthnott commission established by the last Labour Government, that dual candidacy is a feature of mixed-member proportional electoral systems the world over; yet of all the countries that use this system, it is only Wales that has such a ban.

That brings me to the point made by the noble Lord, Lord Anderson. Taiwan, which I believe he mentioned, Thailand and Ukraine all have a different system where they have two completely separate lists that do not interact; so it does not apply in the same way. In New Zealand, whose system he also recommended, the Electoral Commission has urged against introducing such a ban, so there is very little evidence elsewhere out there that this ban is desirable.

I come to a point that has not been touched on—rather significantly—that, apparently, at the same time as we were saying that this ban was so necessary for Wales when it was introduced for Wales at Westminster, for some strange reason it was not introduced in relation to the Greater London Assembly or to Scotland. At the time, of course, both bodies had regional members who represented the Labour Party, whereas in Wales there were no regional members for the Labour Party. Cynics might suggest that there is something to read into that, but we have not heard any mention of why the ban is only something that is right for Wales, but not right for Scotland or Greater London.

[Baroness Gale]

If one looks at the votes that are cast for the regional lists and the constituencies, Labour tops the poll in each of them. Because of the way the proportions are divided out, Labour does so well in the constituency section that it cannot—under the d’Hondt system—get many seats in the list system. This time around, we had two seats, even though we topped the poll in the regions. In the whole of Wales, Labour got 36.9%, the Conservatives 22%, Plaid Cymru nearly 18% and the Liberal Democrats 8%. As far as Wales is concerned, therefore, Labour tops the poll in the regional lists and in the constituencies, so we are grateful to the people of Wales for showing their support for us. I cannot see the validity of what the Minister is saying.

[Lord Bourne of Aberystwyth]

I thought that the noble Baroness was going to address the point about Scotland and the Greater London Assembly, but she did not. In relation to what she has just said, she has just expressed the essence of a proportional system. Nobody needs to explain to me that, the better a party does on first past the post, the more likely it is to lose seats on the list. I certainly know that to be the case, but that was the essence of the system that the Labour Government introduced, and I applaud them for it—it is a proportional and fair system. However, the question the noble Baroness did not address is why it is right to have the ban in Wales, but not right to have it in Scotland and London. I leave Members to ponder that one.

I return to the point that this, as I see it, is a partisan measure—I am afraid I have to say that because that is what I believe—and I cannot see other than that, particularly in light of the fact that in Scotland and Greater London it seems to be all right by the Labour Party to continue the system. Therefore, although I have the greatest respect for the noble Lord, Lord Anderson, I cannot agree with him on this point, and I invite him to withdraw his amendment.