Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Lipsey

Monday 7th February 2011 Lords Chamber

[Lord Lipsey]

My Lords, at an earlier stage on the Bill, I described this as the buckle that linked the AV bit of the Bill with the constituencies bit. It is a slightly peculiar buckle as the constituencies bit goes ahead even if AV does not because the referendum is lost, but AV cannot go ahead if the constituencies bit does not. I suppose that reflects the bargaining strength of the two sides during the coalition negotiations.

I do not see any great point in labouring this issue any more. The Government are not showing any great willingness to split the Bill, as some of us suggested from the first that they would be wise to do. All I would like to hear the Minister say is that this is a political deal and so has to stay. I do not even ask him to say that this is a sordid, low, political deal between two unequal partners which should never have taken place. I do not expect anything like that from the noble and learned Lord. If he would just say that this is a political deal and would the House kindly accept it on that basis, I shall do so and withdraw my amendment.

[Lord Falconer of Thoroton]

My Lords, my name is on this amendment as well. To slightly increase the excruciation for the noble and learned Lord, it is impossible to understand what the basis of the conditionality is. Assume that 99 per cent of the population were to vote in favour of changing the system to AV, even if something happened to prevent the Boundary Commission changes being introduced, then, as I understand the Government’s position, they will not introduce AV. Why is that? What is the logic? The only logic must be some sort of political deal. Honesty would help the noble and learned Lord a lot.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Lipsey

Monday 31st January 2011 Lords Chamber

[Lord Lipsey]

My Lords, it is traditional with all Bills for both Houses of Parliament to seem to ascribe still higher levels to the degree of parliamentary affirmation that must be given to orders under them. In this case, I have been trumped in advance by my noble friend Lady McDonagh, with her desire for the super-affirmative procedure. In this case, though, my amendment might turn out to be of more significance than immediately meets the eye.

I do not want to go over old ground too much, but this Bill was introduced very quickly. It passed through another place before many Members there had fully digested its implications, particularly the fact that it is the starting point for what I call “permanent revolution” in the electoral geography of our country—converting them all into carpetbaggers traipsing around the country looking for a new seat. That penny might have been slow to drop, but I am told by Members of another place—they have many great uses to this House—who have kept in close contact with people down the other end that it has. I think that if the Bill were introduced into the House of Commons today, it would have a much rougher ride than it did. Indeed, if we all had a few pounds for every time an MP—dare I say it, a Conservative MP—had clapped us on the back and said, “Keep up what you’re doing in the Lords”, we should be very much richer.

Who can say whether by 2013 the House of Commons in its wisdom—there should be no question of this House questioning orders under the Bill; that would be quite unconstitutional—will have moved to a very different position? Rather disgracefully, the House of Commons in 1969, on the instructions of the Government, voted down an order to introduce boundary changes proposed by the Boundary Commission, so this would not be unprecedented. It is perfectly conceivable, at any rate, that in 2013, when the Commons sees the damage that the Boundary Commission will inevitably have to wreak in redrawing the maps within the limit of 5 per cent and 600 constituencies, it might not fancy it. Although to vote down an order in those circumstances would be an act that required the most careful consideration, the Commons might want to do that.

When you think that a matter of that magnitude might again come up as a matter of serious public debate, you can see that you really cannot dispose of this other than under the affirmative procedure. It would look, rightly or wrongly, as though the Government were trying to sneak something through, and in the wake of that they would look very bad. It is crucial that the House at the other end is given a full opportunity to debate the orders before it in those circumstances.

As I say, all this might be a mistake. The Boundary Commission might miraculously square the circle, and no doubt that would be a wonderful thing. I am not holding my breath for that, though. More importantly, nor are 650 people not very far removed from this House holding their breath and expecting the circle to be squared before the 2015 general election. In that case, the House would be well advised to pass this amendment and ensure that the affirmative procedure is used for all the orders under the Bill.

[Lord Falconer of Thoroton]

My Lords, all three amendments in this group seek to place a higher threshold on passing any order contained in the Bill. My noble friend Lord Lipsey’s first amendment does that quite generally by amending Clause 14, on orders, to ensure that orders are exercisable by an affirmative statutory instrument.

Amendment 102A, also in the name of my noble friend Lord Lipsey, refers to the commencement order bringing into effect the alternative vote provisions in the event that more votes are cast in the referendum in favour of the answer yes than in favour of the answer no. The amendment specifies that any such order must be made under the affirmative procedure.

The affirmative procedure would require an order to be laid in draft for a period of 40 days, after which it would need to be agreed by both Houses. The Companion informs us that if a scrutiny committee of either House recommends between the end of the 30-day period and the end of the 40-day period that the order should not proceed, it might not proceed unless the House concerned rejects the recommendation by resolution in the same Session.

Amendment 101 is in the name of my noble friends Lady McDonagh and Lord Snape, who I look for anxiously.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Lipsey

Wednesday 12th January 2011 Lords Chamber

[Lord Lipsey]

My Lords, the noble Lord, Lord Campbell-Savours, has made a powerful case for why his amendment is in the interests of the Liberal Democrats. I shall make a case, probably not quite as powerful, for it being in the interests also of the Conservative Party. The Conservatives to whom I talk are all absolutely confident that AV will be defeated in the referendum. I do not happen to agree with them, but they are very confident.

Let us just think what the situation would be if the Campbell-Savours amendment, or “Jessica’s law”, did not apply and the Liberal Democrats were defeated in the referendum. What would then be the situation of the Liberal Democrats? They would have lost AV, which they are relying on to deliver them extra seats at the next general election, as everyone agrees it would. However, coming along the line will be the 5 per cent rule and the equalisation, and what is also agreed is that those rules will hit the Liberal Democrats much harder than any other party. According to Democratic Audit’s calculations, they would lose 11 of their 57 seats, whereas Labour and the Tories, with many more seats, would lose 18 and 17 respectively. It would be a real reduction in the proportion of Lib Dem representation in the House of Commons.

I do not know what bedlam the coalition will be in if and when we get to such a stage. I do not expect that the coalition will be very politically popular; it will need to last to have any chance of regaining its political popularity. In those circumstances, what will the Lib Dems do? If the Boundary Commission review comes into force, as it will in 2015, they will be faced with a loss of seats as a result not only of losing votes but also of the redistribution. The sensible thing to do, therefore, would be to find the nearest and quickest excuse to bring this coalition Government to an end and to adopt a sauve qui peut stance in a general election where they might preserve more seats than they would in a general election eventually to be held under the new system proposed by the Government. It would not suit the Tories to have a general election in the middle of this Parliament, because they would be extremely unpopular, and no doubt deservedly so. I come to the conclusion that it is very strange indeed that this side is arguing for the amendment, although I see no nods of agreement on the other side with any of the arguments that we have put forward.

[Lord Falconer of Thoroton]

The amendment would mean that you would get the constituency boundary changes only if the AV vote was yes. I do not support that, but it is an inevitable consequence of the loose language in which the coalition puts this. On 20 December, the noble and learned Lord, Lord Wallace, said:

“Indeed, as my noble friend Lord McNally has said on a number of occasions, this Bill is about fair votes and fair boundaries. It shows that the two are, in fact, linked. It shows how the two will be linked because it will shape the way in which the other place will be elected in 2015”.—[Official Report, 20/12/10; col. 882.]

My understanding of this Bill is that, if the AV vote is no, you still get your constituency boundary changes. Am I wrong? Please confirm that. If I am right, why did the Minister say that on 20 December?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Lipsey

Wednesday 15th December 2010 Lords Chamber

[Lord Falconer of Thoroton]

I completely agree. I find the idea that we should not be talking at some length about authorised participants and permitted participants entirely wrong. That is why the Minister’s response to the last series was so disappointing. The last series went right to the heart of the issues that relate to the funding of the referendum, because everybody around the House wants a situation in which the same rules are imposed on everybody. I am sorry that the noble Lord, Lord Lamont, got a slapping from the noble Lord, Lord Tyler, for raising the question of the government leaflets, although it was obviously a slapping that he was quite able to cope with. That seems to be the one area where it is authorised to spend money that does not come from an authorised participant or a permitted participant.

I do not dismiss as a joke what my noble friend Lord Gilbert said. Presumably one of the most significant sources of what will be regarded as reliable information in relation to this referendum will be what the Government themselves or the Electoral Commission—I cannot remember which—produce in relation to these leaflets. That will probably be where one of the most significant amounts of expenditure will be. However, I return to my question to the noble Lord—

[Lord Lipsey]

Before the noble and learned Lord returns to his question, as he must, did he note that when the outbreak of violence took place on the other side—I think that he called it “slapping”—the Minister calmed it by saying that we could talk about all this when we get to Schedule 1? Has he noted that Schedule 1 makes no reference whatsoever to this leaflet and is of no relevance to it?

[Lord Falconer of Thoroton]

I was not sure when the noble Lord, Lord Tyler, and the Minister envisaged that we should have this debate. If they could identify on which particular issues we should have it, that would be fine. My question—