Parliamentary Voting System and Constituencies Bill

Lord Campbell-Savours Excerpts

Monday 14th February 2011 Lords Chamber

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

My Lords, as the noble and learned Lord, Lord Falconer of Thoroton, has indicated, this matter has been debated in Committee and on Report, and it is clear that the Government have taken a different view from him. However, I accept that it is helpful for us to be able to have a further exchange on the issue.

The Government believe that the framework that is set out in this Bill and indeed in other legislation is sufficient for this referendum. Perhaps I can establish some common ground. We agree with the principle that party election broadcasts should not be used as referendum campaign broadcasts. However, Section 127 of the Political Parties, Elections and Referendums Act 2000 prevents the main purpose of any broadcast other than a referendum campaign broadcast being to procure or promote an outcome in a referendum, which we believe is sufficient reassurance. In other words, it ensures that a party election broadcast does not become a referendum campaign broadcast. I think there is common ground here and that the mischief which the noble and learned Lord identified—although I would not necessarily accept it—is an incidental part of an election broadcast in which one side or the other is endorsed.

Our view is that there is clear merit in maintaining some flexibility in this area while acknowledging the clear limits already imposed by Section 127. Such flexibility might enable, for example, the inclusion of a brief statement during a party election broadcast that referred to the referendum and to whether the party supported a particular outcome. Although the noble and learned Lord did not say it, I understand from him that he would find nothing wrong with the existence of the referendum being referred to or indeed with an encouragement to vote; it is the endorsement of a particular yes or no position that he seeks to address.

If such a reference was an expression of a party’s wider policy on matters—for example, on political reform—that were of relevance to the elections on 5 May, one might say that precluding mention of that position in a related election broadcast could have an adverse impact on campaigning for a particular party in those elections. To pick up on the point made by my noble friend Lord Phillips of Sudbury, I can confirm that six weeks would be within the relevant campaign period for the referendum. I understood the noble and learned Lord to agree with the proposition that if in that broadcast a party was to support, let us say, constitutional reform—I do not think that my noble friend even specified a particular outcome of the referendum—that would fall foul of the law if his amendment were passed.

I ask the House to consider that to legislate to forbid a party to articulate its legitimate policy position is an important step to take.

[Lord Campbell-Savours]

I have an important question for the Minister as to what happens during the broadcast. He referred to flexibility. He is a Liberal Democrat Minister in the coalition. Will he assure us that the flexibility to which he referred will preclude in a Liberal Democrat broadcast any reference to the fact that more than 50 per cent of the electorate would be required to secure the election of a Member of Parliament? In other words, if there is flexibility, I seek to be assured that it in no way leads to misleading statements being made on the 50 per cent requirement.

[Lord Wallace of Tankerness]

I have two points in response. Speaking as a member of the Administration, I am in no position to offer detailed assurances on the content of a party political broadcast when that party is only one part of the coalition. However, I shall indicate what the dynamic might be in how the broadcasting authorities treat this issue and, indeed, are doing so—it is not hypothetical.

We believe that it is ultimately a matter for the broadcasters to see that the rules in Section 127 on the content of party election broadcasts, together with relevant guidance issued under the Communications Act 2003, are adhered to. That is the Government’s position. I accept that the noble and learned Lord might disagree with it, but we have not yet heard any compelling reason to convince us that that stance is wrong. The proposed approach would in any case still require broadcasters to take a view on whether the proposed content in a broadcast complied with the new rule. Broadcasters would have to make some sort of judgment as to whether the content of a party election broadcast indicated a preference for a particular referendum outcome. Such a judgment might well be in the field of whether a general endorsement of constitutional reform fell within that or whether the content had to be much more specific, endorsing a yes/no position.

As I indicated on Report, the chair of the Broadcasters’ Liaison Group has already written to the political parties, drawn their attention to Section 127 of the PPERA and asked them to contact him if they intend to include any reference to the referendum in a party election broadcast in order to ascertain whether any reference crosses the line into Section 127 territory and could in the group’s view be unlawful. We believe that these lines of communication will clarify how the legislative framework will apply in the context of the combination of the referendum with other polls on 5 May. The framework for regulating party election broadcasts sits under the Communications Act 2003 and within the broadcasters’ guidance. We believe that that, combined with the Section 127 provisions in PPERA 2000, provides the necessary clarity.

That said, the Government acknowledge the important issue that has been raised by the noble and learned Lord in tabling this and other amendments at earlier stages. The PPERA framework for referendum regulation was introduced by the previous Government and, despite the confidence that I have expressed in the legislation, aspects of the framework might need a longer-term refresh. I reassure the noble and learned Lord that the Government will reflect further on these points in the light of the referendum and the experience of the poll on 5 May. In the mean time, I urge the noble and learned Lord to withdraw the amendment.