Parliamentary Voting System and Constituencies Bill

Lord Browne of Ladyton Excerpts

Tuesday 30th November 2010 Lords Chamber

[Lord McNally]

I would suggest that you have the threshold debate on Clause 8. The threshold debate that I have just quoted, however, was in fact a device of an opponent of devolution to delay devolution. Let us not pretend that a threshold does not turn every abstention into a no vote. We will have that debate under Clause 8, and an interesting debate it will be. These three amendments seek to turn it into—

[Lord Browne of Ladyton]

I am grateful to the Minister for giving way, and I am sorry if I exasperate him by intervening. Perhaps I may return to the point that my noble friend Lord Campbell-Savours put to him. I do so because I have experience of campaigning in referendum campaigns both in Scotland and in Wales and it is helpful to be equipped with the arguments on the doorstep. I have read every single word that has been said in these Houses of Parliament on this issue. I cannot find one explanation of why this form of voting is the best of the alternative forms of voting available. Will the Minister please point me to where I can find that qualitative assessment of this form of voting?

[Lord McNally]

That is for the voters to judge. If you want this reform to fail, you do all the kind of things that the Opposition are putting forward. The coalition, on the basis of the coalition agreement, has put forward a simple proposition that we believe provides for fairer voting.

I can go on like this: we have all been in the House of Commons and seen the wind-up speeches. The last time there were 23 interventions, but I am okay—we’ve got many a long time. Of course you don’t like it, but the coalition agreement is for a fairer voting system based on fairer constituencies. We are willing to take our case to the country, and we have already had the approval of the House of Commons for that.

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[Lord Browne of Ladyton]

My Lords, I rise to support the amendments in this group and my noble friends Lord Foulkes and Lord Lipsey in their attempts to improve this legislation. I genuinely believe that and I will explain why. I am glad to adopt the arguments put by my noble friends Lord O’Neill and Lord Liddle, and indeed from the Cross Benches by the noble Lord, Lord Palmer. I am also grateful for the contribution of the noble Lord, Lord Deben, because he cleared the decks for my contribution. I will not adopt any of those straw man arguments he set up and knocked down. I am speaking on the basis of my experience of campaigning in a number of elections in Scotland using a number of different systems, because that is what we have to do now in Scottish politics, and on the basis of my experience of campaigning in referenda.

I predict that what will happen in Scotland is that holding the Scottish Parliament elections on the same day as the referendum will do further damage to the reputation of politics in Scotland and to the relationship between politicians and the electorate. I say so for this reason. There is an argument for holding elections for different purposes on the same day if there is an analogy between them. That was partly why I and others both in this House and the other place supported attempts in 2007 to do just that. We thought that, despite the complexity of the ballot papers, we would not confuse the people of Scotland about what we were seeking to do. Essentially, we were asking them to vote for political parties that had analogous arguments to put forward in the elections to both the Scottish Parliament and local government seats. There is a clear synergy between what is done by local government in Scotland and what the Scottish Parliament does, so it was easy to do.

We embarked on that course. None of us had any doubt about the intellectual ability of the people we were asking to vote in that election, and we were confident in the infrastructure of the electoral system. All the way along the line we were assured that they could carry it off, just as they are assuring the coalition Government. I have to say, though, that there were some significant volte-faces, particularly in the case of the Electoral Commission, which I shall come back to in a moment. But we were assured that it could be done, and in turn we assured the people that it could be done. So we set out to hold local government elections and Scottish Parliament elections, and by the end of the process we had 147,000 spoiled ballot papers. I repeat: 147,000 spoiled ballot papers. That was not because the people of Scotland were inherently unable to understand what they were being asked to do, but because the infrastructure and the environment—the process—were incapable of delivering a way to guide them through it. The failures happened inside the process, in the polling stations and in how the ballot papers were handled thereafter. We failed.

As a consequence of that failure, as a nation we agreed that we would not do it again. There is now a universal view across the parties that we should not try to do it again because we failed to do it properly last time. Another set of elections in which the electorate is disfranchised, allowing the media to run amok with stories of how the political classes have let the people down, could have a destructive and perhaps terminal effect on the relationship between politics and the people of Scotland. Not only did we decide not to do it again, we also set up an independent inquiry to try to identify what we had done. That inquiry came back saying, “Don’t try to run two separate polls on the same day ever again”. We accepted that advice. All of us in all the parties have conditioned the people of Scotland to the view that it was a bad thing to do.

Not only have we conditioned the people of Scotland to that view, we have also encouraged our media to think that to do it at all is of itself the wrong thing. And now what are we about to do? It would appear that we are about to transgress that collective apologia and reconditioning by trying to do it again. Not only that, we will be trying to do it again using two electoral processes that are not analogous with each other. In fact, as my noble friend described it, they contradict each other. We will be giving the people of Scotland mixed messages. We will be saying, “For the purpose of the referendum, the four of us who represent these parties all agree with each other and are right, so you should support us. But for the purpose of the other thing being done that day, we entirely disagree with each other. This man’s judgment is not to be trusted. This woman’s judgment is not to be trusted. She is not to be trusted with making important decisions in your life—except, of course, for the way in which we decide to elect the House of Commons”.

The confusion does not lie in the electorate, because the electorate will respond to us in the way in which we deserve. The confusion lies in us, in seeking to do this when we still have clear in our memory the history of our ineptitude in doing it before. If we have not learned from that, I can tell you now that the media in Scotland and the people of Scotland will, throughout the whole course of this campaign, remind us every single day. The fact that we are trying to do this will dominate the early part of the elections in Scotland. That is my first point.

The second point is that we are a comparatively small part of the United Kingdom. The debate that will dominate in the United Kingdom in the period up to the election—to the extent that it can, and I will come back to that in a moment—will be about the referendum. We will relegate the issues of Scottish politics in a determination of who governs Scotland, for a substantial part of the things that matter to people, to an also-ran category. Politicians, of course, are above doing that, and we will not do that, but the media will; and the UK media, the London-centric media, dominates our media. Consequently, try as our politicians will, with their meagre resources, to fight against this and get some reasonable debate going about the issues that matter to the people of Scotland and about who should make decisions about health and education and other related issues that have been devolved, they will not be able to do it.

The great debates that will take place—and there will be televised debates about this that will be beamed into all of our houses—will be about the referendum. That is what those of us who argue about respect for the people of Scotland mean. We have no right, in my view, to do this to the people of Scotland, given our own experience of giving them a complicated choice before which we failed to manage properly.

I will make one further point. We will be doing this in an environment where, the fortnight before the date of the election, there will be four public holidays. That is where my experience of campaigning comes in. I know, as does everyone else in this House who has knocked on doors, that you cannot touch these issues over a holiday weekend—and we are going to have two of them. My noble friend says “and a royal wedding”. We will have two of these weekends now because of the royal wedding. Therefore, we are going to deny ourselves the opportunity, in campaigning terms, to find a space to get these issues up for the consideration of the electorate because of the date that has been chosen. We are going to do, in my view, significant and terminal damage to the relationship between the political parties and the people of Scotland, and we have an opportunity in these amendments not to do that. Never mind the arguments for the rest of the United Kingdom. Never mind the arguments about differential turnouts because we do not have concurrent elections in all parts of the United Kingdom. Never mind the fact that, when these issues were debated in the other place, the debate took four hours. There were, in those four hours, one and a half contributions in support of the Government’s position. In the Minister’s response, there was no answer to the comprehensive arguments that were put forward from academic sources, from political sources, from the Electoral Commission and from other sources as to why this was the wrong thing to do.

I warn the Liberal Democrats that, if this happens, and if the consequences that I predict ensue, then other political parties, including the coalition partners, will be very quick to tell the people of Scotland where the blame lies for us.

[Lord Rennard]

My Lords, I want to say briefly why I oppose this group of amendments suggesting that a date other than 6 May should be the date for the referendum. I will speak also to the next group of amendments suggesting other possible dates. Let me say first that I do so on the basis that, in all these discussions of electoral reform and electoral matters, I have always argued consistently from the position that what we should be considering is what is the maximum benefit for the voters, what gives most power to the voters and what most helps them, and not from the position of the politicians or the parties. It seems to me that 6 May for the referendum is actually the day that is of the greatest benefit to the voters for a number of reasons.

[Lord Rennard]

I believe it is 6 May. The first argument, which has been made several times, is by no means the strongest. In my mind it is a relatively weak argument. However, I think the arguments made about cost are relevant. I have seen figures suggesting that the cost between holding the referendum on the same day as the elections next May and on another day might be £15 million. I have also seen figures suggesting £30 million. Whether that is a big sum of money to pay for democracy is a relevant argument, but it is used very frequently by the opponents of reform. I regret the fact that the noble Lord, Lord Grocott, is not in his place at the moment, because almost his main weapon for arguing against any measure of reform, moving our electoral system on from where it was nearly 140 years ago, is that it would cost too much to ask the people to have a vote on this issue. Since it would be used as an argument in the referendum, I believe that holding it on a day when it would be more cost-effective to do so is at least a relevant argument. Above all, I believe 6 May is a good day for the convenience of the voters—I should have said 5 May. I beg your pardon. The voters would be voting in 84 per cent of the country in elections on the same day—in local elections for most of England, and in all of Scotland and Wales. Being expected to turn out on this issue on another day would not, I think, be welcome. The next opportunity in the United Kingdom when there would be so many elections would not be until 2014, when we would be voting in the European Parliament elections. I believe that it would be less satisfactory to hold this referendum in 2014, a year before the general election. The voters should know, and we should know, for a longer period than that what voting system we will have.

As I said at Second Reading, having the referendum on the same day as a lot of other elections will, I think, strengthen the legitimacy of the vote. Legitimacy of the vote is argued by a number of people. I do notice that some noble Lords argue with inconsistency. They say that there needs to be a big turnout for these elections in order for there to be legitimacy but at the same time they argue that there should not be any other elections on the same day. I honestly wonder how many people would go along to the polling station if there were no other elections on the same day.

We have had arguments about confusion. Let us turn again to the Scottish Parliament elections of 2007. One of the most notable things about them was that when people had a complicated ballot paper for choosing their MSP for their constituency and their regional list MSPs they also had the opportunity to vote in a preference voting system—with choices one, two and three—in the local elections. In those local elections in Scotland in 2007, on the same day as the Scottish Parliament elections, virtually none of the local election ballot papers was spoilt. People easily understood one, two and three on a ballot paper on the same day as they were also electing list MSPs and constituency MSPs. Therefore I believe that we are respecting the Scottish voters. I will give way briefly, although the noble Lord has spoken at some length already.

[Lord Browne of Ladyton]

I am grateful to the noble Lord for giving way. Can he explain to other noble Lords why, if it was as simple as he suggests, his party in the Scottish Parliament argued for and voted for the movement of those local government elections from the same date as the Scottish Parliament elections?

[Lord Rennard]

My Lords, the beauty of devolution, which this party has long supported more than any other party, is that different parliaments and assemblies in different parts of the country can have their own priorities. I am simply arguing now that we should be respecting Scottish voters and crediting them with intelligence, which they showed in 2007 by voting in the Scottish Parliament elections and in the local elections—and in the local elections, there were very few spoilt ballot papers. I do not believe that the voters in Scotland are any less intelligent than, for example, the voters in London in 2000 when they elected the borough councillors in London and they voted for the London Mayor and the London Assembly. I do not believe that they, or voters in any other part of the United Kingdom, are less intelligent, for example, than voters in the United States who, in many states, elect their senators, their congressmen and their president and vote on numerous initiatives on the same day.

Finally, while some people say that it is contrived for that day in May to induce the right result, I cannot understand how it could be seen that fewer than 4 million Scots and fewer than 2 million people in Wales would outvote more than 38 million people in England. On all these technical issues, the argument I have made since 2000, when we discussed the setting up of the Electoral Commission, is that when there is a dispute between parties as to what is and is not practical we should have an arbiter, independent of government and of any party, who could give guidance to Parliament. The Electoral Commission, in briefing Parliament on these issues, has been clear and specific. It is satisfied that it is possible successfully to deliver these different polls in May at the same time.

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[Lord Strathclyde]

My Lords, if the figures can be produced, they will be produced for the noble Lord to see.

Furthermore on this question of confusion, the Electoral Commission—as my noble friend Lord Rennard pointed out—has advised that it is possible to successfully deliver these different polls on 5 May. The commission has issued briefing throughout the passage of this Bill in another place. It concluded that the Bill contains the necessary provisions for the combination of the referendum poll with the scheduled election, and says that it is satisfied that the technical issues it has identified with these provisions to date have been addressed by the Government.

The noble Lord, Lord Browne, went on to explain that the system failed in the Scottish elections in 2007. I say, slightly tangentially to this when it comes to confusion, that I now live in the former constituency of the noble Lord, Lord Foulkes, for one election, I live in the former constituency of the noble Lord, Lord Browne, for another and I am in a third constituency for the European elections. We get used to this. It may not be ideal but, if there has ever been any confusion about different elections being voted on at different times with different systems, they are entirely decisions made by noble Lords opposite. We are not adding to the confusion.

As the noble Lord knows, there was an inquiry by Ron Gould, who at the time said that the problem in 2007 was that there were two votes on the same ballot paper. That is what confused so many people. That is not going to be the case here. Gould has, furthermore, said:

“I do not believe that the same factors which led to voter confusion and the large number of rejected ballots at the last Scottish … elections would arise if both the Parliamentary Election and the Referendum were held on the same date”.

That is an authoritative statement.

[Lord Browne of Ladyton]

In the interests of fully reporting Mr Gould’s position, can the Leader of the House confirm that Gould confirmed his position in evidence to the Scottish Affairs Select Committee that he would not recommend the conduct of two ballots on the one date, given his experience in his investigation into what happened in Scotland? He has not changed his position from the recommendation. I accept that the noble Lord has quoted him but he should give the full context of what he said.