Parliamentary Voting System and Constituencies Bill

Lord Browne of Ladyton Excerpts

Monday 13th December 2010 Lords Chamber

[Lord Browne of Ladyton]

My Lords, like my noble friend Lord Grocott, I had not intended to speak in this debate but he encouraged me to do so with his introductory remarks. I rise to do two things. First, I remind your Lordships that, far from the European Convention on Human Rights being some foreign, European imposition on our culture, it was in many ways our post-war gift to the rest of Europe. The convention was largely drafted by British jurists. The structure that was put in place to enforce those conventional rights was part of that gift, which we encouraged upon the rest of Europe. This is a very British thing to do in many ways. It has taken decades for this issue to come before the court and for the court to give its opinion and impose back upon us, as it were, an interpretation of those rules that allows prisoners the legal right to vote. It has its roots in our own jurisprudence and legal thought. We should not in any sense blame this on others or suggest that it is being imposed on us.

Secondly, I support and commend my noble friend Lord Foulkes for raising this issue here, although it will not result in amendment of the Bill or in the opportunity, at last, for us to live up to the consequences of the judgment, do what will inevitably need to be done and deal with the issue—to grasp the nettle, as another noble Lord suggested. However, it gives the coalition Government’s Front Bench an opportunity to reassure your Lordships’ House that we will not find ourselves in a situation where they give either a subset or all of this group of people a vote by decisions made through legislation in this House, and then immediately deny those persons their say in a referendum. That would be an entirely inconsistent position. I look for assurances from the noble Lord, Lord McNally, that the Government will do everything they can to ensure that, if they intend to give prisoners or any class of prisoners the vote, the legislation will allow prisoners to express their preference in a referendum.

There are several practical considerations. For example, in the other place I represented a constituency that had a large prison in it. Working out whether those people were best served by maintaining their relationship with the Member of Parliament who represented them in their home patch or whether they were my constituents for the issues that they raised with me, exercised my mind on many an occasion. These issues have to be resolved and worked through and they are by no means straightforward.

I remember being told many decades ago by a governor of Barlinnie prison that part of the problem was that we had not appreciated that we send people to prison as punishment, not for punishment. This was at a time when the Scottish prison system was in complete turmoil; we were caging people within cells in Porterfield prison in Inverness to control their behaviour. Many people are punished further than the courts intend by being denied that right and that responsibility when they are in prison. For the bulk of our prison population, whether they lose their vote is entirely a matter of luck. Most of them are in and out in such a short period that, if there is a coincidence of an election, it is entirely a matter of luck—to do with how their case is dealt with, the time involved and the proceedings—whether they are denied a vote. It is not as if everybody who is convicted of a crime between elections is denied a vote in the next election; it is entirely a matter of random luck. The sooner we resolve the issue, the better. The opportunity that my noble friend has given us to air some of these issues has benefited this House and the debate. I commend him once again for introducing this matter.

[Lord Lloyd of Berwick]

My Lords, I can be very brief, mainly because I have not so far taken any part in the issue which has been urged for so long and so very effectively by the noble Lord, Lord Ramsbotham. However, I have listened to the debate this afternoon, and it seems to me that by supporting the amendment we will be taking at least a step in complying with the judgment of the European Court of Human Rights which has been outstanding for so long. It may not be the best solution—I do not know whether it is or not—but, on the principle of half a loaf being better than no bread, I lend my support to the amendment.

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[Lord McNally]

If the Lord Chancellor said it, he must have been speculating.

[Lord Browne of Ladyton]

Taking into account the very wise advice from the Minister’s noble and learned friend Lord Mackay of Clashfern, I think that the Committee is entitled to ask the noble Lord for an assurance that the Government will promote legislation according to a timetable that does not leave this country in the ridiculous position of agreeing to allow prisoners the vote when the referendum is imminent but denying them the vote in the referendum.

[Lord McNally]

My Lords, if there were a general election next January, prisoners would not get the vote even if the Government had announced their intentions in December. The two things are separate. The Government will announce their intentions on prisoner voting and it will be handled in the proper way with a Statement in both Houses. As I said, the usual channels will find an opportunity for a full debate and in due course legislation will probably be brought forward. However, that legislation is separate from the legislation currently before the House, which is why—

Parliamentary Voting System and Constituencies Bill

Lord Browne of Ladyton Excerpts

Monday 13th December 2010 Lords Chamber

[Lord Tyler]

No, it is not. That is an absurd point. I am simply talking about putting in place a major change in the electorate, changing the whole qualification for voting in parliamentary elections between now and 5 May. I agree entirely with the noble Baroness, Lady Kennedy, that that is a reform that I supported and that I hope that the Government will get around to. Incidentally, her own Government, I am sad to say, did nothing to move in this direction. I hope that our Government will make progress on it before the general election in 2015 but it would be totally irrational to attempt to do it before 5 May, and that is my last word on the subject.

[Lord Browne of Ladyton]

Before the noble Lord sits down, the deftness of his footwork in response to my noble friend was good enough to ensure that those who are putting together the next “Strictly Come Dancing” competition should approach him. Not only did he change horses between the point that he was making, the intervention and his response to it, he moved to a different racecourse altogether. The point that he was making, as I am sure that the record of this debate will show, was that it is entirely inconsistent and confusing to have two separate electorates approaching the same polling station for both a referendum and the contemporary election. That is exactly what he was defending, time and again, from those Benches, if not from that exact spot, as we were making that very point to him.

The amendment does not propose to fundamentally change the electorate for future elections. It proposes to change the electorate for the referendum. That is exactly what the noble Lord has been supporting up until now in relation to Peers, with a distinction between those who can vote, perhaps in local government elections, and those who are citizens of the EU or whatever and cannot vote. We will have an opportunity to address that issue. Will he address why he has now been persuaded by our argument and is now parroting it back to us? What will the consequences of that be for his future voting intentions towards the Bill in Committee?

[Lord Tyler]

My Lords, I am just making a simple point. I want to change the qualification for voting in parliamentary elections. If it is possible to do that between now and 5 May, and I very much doubt it, there is of course a case for it to be part of the qualification of voting on the referendum that, as is in the Bill, you are already qualified to vote in the parliamentary election. That is my simple point. I was taking up the very proper challenge from the noble Baroness, Lady Kennedy, that for those who want to vote in general parliamentary elections we should make this change and reduce the age to 16. I accept that. I do not believe that we can do that in practical terms before 5 May, and I was making a simple point about the confusion that could arise if we were to attempt to do it just for the referendum and not for any other purpose. That is all.

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[Lord Maclennan of Rogart]

I would be interested to hear the views of the Electoral Commission on that. I do not regard myself as an expert on these matters but I doubt it is quite as easy as that, given that the timing for the Bill becoming law is decreasingly clear.

My final point may not carry so much weight but I believe that our 16 year-olds are increasingly very interested in politics, which is why I want to see a change in the voting age. However, I do not believe that in a few months’ time they are likely to be able to discriminate between different electoral systems when they have not been thinking about voting. It is highly improbable that even their teachers would be in a position to give them guidance on the virtues and merits of different electoral systems. We have heard arguments being put forward on the Benches opposite and conflicts between the noble Lord, Lord Campbell-Savours, the noble Lord, Lord Foulkes, and others about the merits of the supplementary vote as opposed to the alternative vote, or various kinds of alternative vote. Without prior discussion or only the most minimal educational input on this issue, it is extremely improbable that 16 year-olds would add greatly to the authority of the decision to be taken next May, if that is the date decided upon. Therefore, for the three reasons that I have given, I would prefer to see the system of voting change and for subsequent referenda to follow the electoral register.

[Lord Browne of Ladyton]

I would like to ask the noble Lord a very simple question. Can he tell your Lordships’ House which members of the public he thinks have been thinking about these issues with the necessary intensity to make the decision he has just proposed needs to be made?

[Lord Maclennan of Rogart]

A large number of people who have voted in previous elections feel that their vote did not count and that the relevant constituency remained dominated, come hell or high water, by the party which had been there for over a generation. I am bound to say that those people are likely to look at alternatives with a passion and concern not shared by a new voter, who may simply be mystified by what could appear to be a very academic debate. Consequently, I do not think that the noble Lord’s intervention has much substance.