Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Rooker

Monday 7th February 2011 Lords Chamber

[Lord Rooker]

My Lords, in moving Amendment A2, I wish to speak also to Amendment 7B, which I shall move later. In line with what I have said previously, I give notice that I shall not move my other amendments. I have to move Amendments A2 and 7B as they are government amendments to make the decision that was taken on 6 December to hold the referendum before 31 October 2011 work.

The noble Lord, Lord Alderdice, interrupted me when I was winding up. I was about to say that when the House makes a change with a few words that we all understand, the parliamentary draftsmen have to draft a provision to make it work. Back on 6 December the House voted by four votes that the referendum must be held before 31 October 2011. I am told that to make that work parliamentary draftsmen have drafted Amendments A2 and 7B. The referendum is planned for 5 May. As far as I am concerned, that was always okay, but my view is that in case something prevents it happening on 5 May, the Government need a lifeboat to enable it to take place before 31 October. Therefore, on behalf of the coalition, I am pleased to move Amendment A2 now and Amendment 7B later.

[Lord Falconer of Thoroton]

First, I congratulate my noble friend Lord Rooker, who knows the mood of the House much better than anyone else in it. It was a splendid victory. Perhaps I may also say how much I agree with his request for the list of concessions. I can help him on that. I was handed them at 2.29 pm this afternoon, and I have to say that they do not amount to very much, I am afraid. I obviously support the amendments that my noble friend is proposing. In effect, they make whole the amendment passed in Committee.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Rooker

Thursday 20th January 2011 Lords Chamber

[Lord Falconer of Thoroton]

I say that with the greatest respect. As I understand it, Amendment 67C proposes that every constituency shall be in either Scotland, Wales, Northern Ireland or England. The words,

“together with the home and overseas dependent territories”,

mean either that a constituency also has to be completely within the home or overseas dependent territories, or that when you add the people to a constituency in Scotland, Wales, Northern Ireland or England from the home or overseas dependent territories, that constituency is wholly in one of Scotland, Wales, Northern Ireland or England. It leaves open the question of how you identify the people from the dependent territories, whether by connection with a constituency in the UK or by reference to their dependent territory.

The current position is that if you are from a home or overseas dependent territory and you are resident in the UK, and you have either leave to remain or do not require leave to remain, you can vote in a UK general election. What my noble friend is in effect suggesting is that we should by this Bill, without consultation and almost certainly against the wishes of the majority of most of the members of the home and overseas dependent territories, absorb them into the United Kingdom. The current position is that while many of them have allegiance to the Crown, they are not governed by our Executive or our Parliament. From my experience—I was the Minister responsible for the home dependent territories for a considerable period—they would be outraged by the suggestion of such a change being made in this way. I know that my noble friend wished only to raise a debate on this matter but from their point of view—they will read Hansard—it is absolutely critical that we make it clear what the effect of the amendment is, and I make it completely clear that we on this side of the House oppose it.

[Lord Rooker]

May I give my noble and learned friend an example from one of my former ministerial roles that comes to mind? I have never been to the Isle of Man, which is not a member of the EU. I did not realise that, during the 10-year ban on UK beef, beef grown in the Isle of Man was exported through England to Europe because it was not subject to the beef ban. It was not a member of the EU so it was not subject to the ban. It would not have wanted to be subject to it either. There must be other complications in other areas of policy that would have the same disastrous consequences. I agree with my noble and learned friend that the amendment would lead to incorporation into the UK, and consequently membership of the EU. The Isle of Man might not want that, given all its ramifications. I give that practical example as that 10-year ban would have destroyed its beef trade, as it destroyed that of UK farmers.

[Lord Falconer of Thoroton]

My noble friend Lord Rooker gives just one example. From my experience of Jersey, Guernsey and the Isle of Man, the idea that they could suddenly find themselves in the European Union, with ramifications not just for the sale of beef but, for example, in relation to imposts in the form of tax and VAT, would be for them a major issue and, I anticipate, something to which they would object.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Rooker

Monday 17th January 2011 Lords Chamber

[Lord Rooker]

It is interesting that my noble and learned friend mentions France. In France, one in 100 adults is an elected official of some kind, whereas in this country the figure is about one in 1,600, if we take into account parish councils and urban districts. France is remarkably democratic and has less pressure at a national level because there is so much devolved democracy—16 times more so than here.

[Lord Falconer of Thoroton]

That is an interesting point and, significantly, my noble friend Lord Rooker has prefaced the point that I was just about to make. As I said, the central issue is that the calculations of the numbers of national representatives per head of population take account only of national legislatures and do not include references to levels of representation beneath that tier. If we look below the national level, the United Kingdom has far fewer elected officeholders per head of population than almost all comparable countries. An academic study by Democratic Audit found that, at local government level, the population per elected member is around 2,600 in the United Kingdom, 250 in Germany and 116 in France. Therefore, when sub-national elected representatives are factored in, as my noble friend Lord Rooker has pointed out, it is apparent that the UK does not suffer from overrepresentation; if anything, it suffers from the opposite.

In any event, there is a fundamental problem in seeking to draw simple comparisons between the numbers of elected representatives in different national legislatures. Some countries are unitary states, whereas others are federal states; some have a Westminster model, like that of the United Kingdom, whereas others have a presidential system, like that of the United States of America. As a consequence, their administrative and electoral systems are organised in different ways. Therefore, comparing rates of representation in one national legislature with those in another is a largely pointless exercise akin to comparing apples and pears.

A more sensible basis on which to decide what level of representation is right for the UK is to examine how the size of the House of Commons has changed over time. If the number of Members of Parliament were growing inexorably and out of all proportion to the size of the electorate, there would clearly be a problem. However, the evidence shows that that is not the case. The Commons has not grown disproportionately in size over recent years. The size of the Commons has increased by around 3 or 4 per cent, or by 25 Members, since 1950, but the electorate—and, therefore, the average size of constituencies—has increased by 25 per cent over that period.

There has also been a significant increase in the case load of Members of Parliament, which has grown out of proportion to the size of the population as a consequence of changing social norms, political developments and new forms of communication. According to the Select Committee on Modernisation of the House of Commons, in the 1950s and 1960s Members received on average 12 to 15 letters per week. Today, the average is 300 per week—I am still quoting figures from the Modernisation Committee—and then there are e-mails, faxes and telephone calls to take into account. There is no evidence that having fewer MPs will reduce the demand for their services. Assuming that that remains the same, the pressure on the remaining Members and their staff will increase.

If the service that Members of Parliament provide to their constituents is not to deteriorate, and if MPs are to be able to take part in Select Committees and Public Bill Committees, which have become considerably more active in recent decades, Members of Parliament will need greater resources to employ people as caseworkers and secretaries. The savings made through a reduction of 50 Members of Parliament would inevitably be lost, which would undermine the argument that this is a worthy, cost-cutting measure.

The provision on the size of the House of Commons is one of the most important in the Bill. We are being asked to cut 50 seats from the primary political body in the United Kingdom and to fix its size in statute, in perpetuity, at 600, but we are not really being given any proper explanation as to why that is the most appropriate size for the House of Commons. Does anyone in this Chamber honestly think that this is the right way to enact such a fundamental constitutional change? What, I ask the noble and learned Lord, Lord Wallace of Tankerness, is the justification for reducing the size of the House of Commons and increasing the size of this place?

In conclusion, one of the central arguments that can be made in support of an unelected House of Lords is that its Members are able to exercise a greater independence of thought than representatives who are elected—they are that bit freer of the party constraints that have a more restrictive impact on the actions of colleagues in the other place. That is one reason why, down the years, your Lordships have been able to act as the guardians of the constitution and face down Executive moves that are rooted in party interests and not the national interests.

The new era of coalition government is a challenge to your Lordships’ House—a challenge as to whether it is willing and able to act as an independent-minded revising Chamber. The alternative is to become a rubber stamp for the Executive. This Bill, and this issue perhaps more than many others, will serve as an important litmus test on how your Lordships’ House intends to respond to that challenge.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Rooker

Monday 20th December 2010 Lords Chamber

[Lord Falconer of Thoroton]

That is inevitably the conclusion of the figures that I am talking about. If one goes back to what one would have thought would be the basic purpose of these changes—to increase trust in the electoral system for those who most depend on what politics does—to rush through a change in the boundaries that excludes them because there has not been a focus on who is on the register and who is not will tend to decrease trust. What is in it for the young person? What is in it for the person living in private rented accommodation? What is in it for the member of the black and minority ethnic group if the rushed changes do not include them?

If the Government are sincere, we commend this. We warned them to be wary of the experience in Northern Ireland where there were changes and not to rush individual voter registration. But the House and the country deserve to know the substance of their plans in relation to improving registration against the analysis that the Electoral Commission has made.

I very much hope that the noble and learned Lord will respond to the points that I have made. The coalition has made it a condition of the introduction of the AV system that there is a new boundary for almost all of the constituencies in the country. Surely we want those boundaries to reflect where the voters live.

[Lord Rooker]

In asking this question I may make myself look a right idiot, but thinking about what is happening, am I right in assuming that there will still be a census next year?

[Lord Rooker]

That means that there will be hundreds of thousands of census enumerators crawling around the country in March. Could they not check that the people in the dwellings that they go to are on the electoral register? It seems an ideal time for advance publicity before the referendum planned in May. We have a census taking place at some time around March. I know there is always an argument about swapping information, but this is an ideal opportunity, particularly in the areas where it is known that there is under-registration. There is nothing new in what my noble and learned friend says: the same areas were under-registered 30 years ago. In those special areas an effort could be made by the enumerators to cross-check their results at the end of the day with the electoral register.

[Lord Falconer of Thoroton]

I agree with my learned friend—sorry; my unlearned but profoundly friendly friend. Of course what I am saying is well known to everybody. However, he is wrong to say that the matter has remained static for 30 years. According to the ONS, the best estimate for non-registration among the eligible household population as at 15 October 2000 lies between 8 and 9 per cent. This compares with 7 to 9 per cent in 1991, so I think with respect that it is getting worse.

If this is meant to be the dawn of new politics, should the Government not commit themselves to doing all in their power to enable local registration officers to maximise the accuracy and completeness of the electoral register? No system is perfect and that is why my amendment does not propose any standard of perfection. It simply requires the Electoral Commission to certify that the electoral register has been kept substantially up to date.

--- Later in debate ---

[Lord Falconer of Thoroton]

With respect to the noble Lord, Lord Campbell-Savours—and I respect him greatly on this matter—he overstated the effect of this and I also think that if in 2015 there is a system of alternative votes, some people who have been voting for a very long time might well think that the thing to do is to put an X against their favoured candidate. That should be treated as their first—

[Lord Rooker]

Look, I can guarantee that somewhere in the current election rules for first past the post, the instructions are that a voter places an X against the name. That is the reverse of this proposal. Yet, if voters put a 1 or a tick which is clearly indicated and is not applied to more than one name, that vote will carry for that person. The cross would count in extreme circumstances and that does not need to be put in the Bill. Doing that would send all the wrong signals to the voters when we are moving away from first past the post.

[Lord Falconer of Thoroton]

There now appears to be agreement that we all want an X against one name only to count as the first preference. The only issue appears to be whether or not one puts that in the Bill or in guidance. If one is changing the system and saying that the way you vote is by marking a 1, I should have thought that the sensible way to do that was by making it clear in the Bill. I support the noble Lord, Lord Norton, the noble Lord, Lord Hamilton, and, above all, the noble Lord, Lord Lipsey. I hope, although I accept that redrafting is required, that the noble and learned Lord, Lord Wallace of Tankerness, who has proved to be a gem, if I may say so, can see that.

--- Later in debate ---

[Lord Falconer of Thoroton]

The noble and learned Lord is right that I do not support this amendment but he is completely wrong to say that we should not debate the anomalies in the AV system that is being proposed. As we keep saying, this is a compulsory referendum so the system that is being adopted must be subject to rigorous scrutiny to see what its shortcomings and anomalies are. The points that the noble Lord, Lord Foulkes, is making are inevitable when you are looking at the detail of a system.

[Lord Rooker]

My Lords, I decided not to move two earlier amendments today. I wanted to concentrate on the main cause, which is this one and I freely admit is not run of the mill. I came across a reference—only a reference—to the system in a footnote to some text I read recently. I thought it was the solution. One way or another, the central flaw in AV has been explained by the noble Lord, Lord Lamont, and my noble friend Lord Campbell-Savours. It will be incredibly difficult to explain to people.

I am not arguing about the text; I know what I understood and I explained what I wanted. It is the vote for the person who comes last, whether they are third, fourth or fifth, that gets transferred. It is true that that is the only vote that gets transferred. I might be accused of being completely unfair but I look on that allocation as a new vote. The others have not been altered. These are new votes coming into the system. If there were seven candidates, the one coming seventh would be knocked out. I have assumed that the bottom one would be knocked out but sometimes it might be the bottom two. The reallocation of the second choices of the voters who voted for the candidate who came seventh would be new votes for the top six. In a way, it is not the same election. That is what is so unfair about it. Nobody else’s second preference comes into play. As I say, there is an inherent difficulty in this system, which will be apparent only when we come to use it.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Rooker

Wednesday 15th December 2010 Lords Chamber

[Lord Rooker]

My noble friend should turn over the page and see sub-paragraph (2) at the top of page 20. That is permissive, whereas the paragraph that my noble friend read out is compulsory. There is a real problem in paragraph 9 of Schedule 1 about the leaflet and the information. There will be a long debate on sub-paragraphs (1) and (2) of paragraph 9 when we get to it, because what is in the Bill seems quite contradictory to me.

[Lord Falconer of Thoroton]

The offences under paragraph 8 are knowledge and ought-to-know offences. Can the noble Lord give some indication, because it will obviously be important to the people involved, of what circumstances will determine whether the sanction is civil or criminal? The offences have maximum terms. What is the maximum civil sanction that can be applied? Who will determine whether it is a civil sanction or a criminal sanction?

--- Later in debate ---

[Lord McNally]

I have been around this Parliament for 40 years and I do not need lectures from the noble and learned Lord about respect for its traditions and for its importance. I did not suggest anything other than something he knows darn well. For as long as I have been here, and long before, Governments have brought in guillotines and Oppositions have complained about lack of time and scrutiny. That is all that I said. That is all that is in Hansard. I am not going to take lectures from the noble and learned Lord about respect for this Parliament and its institutions. I have given my life to this. I believe in it passionately. I respect it as much as the noble Lord, Lord Rooker, respects it. No more, no less. But I am not being lectured to or allowing my words to be twisted. I am simply saying something that every noble Lord knows is a simple truth—nothing more, nothing less—and certainly with no disrespect to Parliament.

[Lord Rooker]

Say sorry to Chris, then.

[Lord Falconer of Thoroton]

I have understood the Minister to say that the interventions by Members of Parliament down in the House of Commons were done for time-wasting purposes. I regard that as expressing contempt for their contributions. That is what I was suggesting he might think about withdrawing.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Rooker

Wednesday 8th December 2010 Lords Chamber

[Lord Falconer of Thoroton]

I am quite sure that the Reading Clerk will therefore go to the Welsh question and wonder what it is about the electoral system for God that we are now seeking to deal with. I did not know about this point. Had we known about it, we would have put down probing amendments in order to get it. I think it is quite an important point.

The next detailed point is that this is being dealt with at unseemly speed. We sought to deal with that through the amendment that this House agreed on Monday giving the Government the opportunity to bring the referendum forward between May and October. I have to tell noble Lords that this has caused the Electoral Commission much upset. It has asked the Government to please get Parliament to make up its mind quickly about the position. I shall read what the chair of the Electoral Commission has written to the right honourable Nick Clegg, Deputy Prime Minister, at the Cabinet Office at 70 Whitehall:

“Given the importance of clarity about the rules on how the referendum will be conducted so that the commission and others can successfully deliver their responsibilities and campaigners can plan properly to put their arguments to voters, I urge you to set out how the Government intends to proceed to ensure Parliament can specify the date of the proposed referendum as soon as possible”.

As I understand it, the Electoral Commission is asking the Government to ensure that Parliament can specify the date of the proposed referendum as soon as possible.

[Lord Rooker]

When I saw the note from the Electoral Commission, which it copied to many of us moving the amendments, I wrote back briefly, saying:

“I am sure high quality lawyers will see a route forward and grab the chance of flexibility. Why don’t you recommend an order making power in the Bill. Make a draft order with May 5th while maintaining the fall back of … 31 October in the Bill”.

It is very simple. We all say that the target date is 5 May. The way to do it is to put an order-making power in the Bill and put a draft order before the House while the Bill is going through so that the public sector, the private sector and everybody knows that that is the target date. The Bill itself—the Act of Parliament—will have “before 31 October” so if something goes wrong, it is possible to change the order. It is simple.

[Lord Falconer of Thoroton]

I think it is pretty clear that the Electoral Commission is very dissatisfied with the way that we have behaved in relation to this and have amended the Bill because it wants clarity as quickly as possible. It wants to ensure that Parliament can specify the date of the proposed referendum as soon as possible. Could the Minister indicate what the Government’s position in relation to that is?

My noble friend Lord Rooker puts forward a sensible solution. I would have thought that the solution is even simpler than what he said. There is nothing wrong with the Government saying that they intend to have the referendum on 5 May, but if they cannot, they will have it on a date when they can have it.

There is another significant point. The timing is presumably a pressure only if the referendum is on 5 May. I think it is very hard to understand that you would need clarity about the date if the referendum was to be later in the year. Therefore, I assume that this letter from the Electoral Commission applies only if the referendum is to be on or about 5 May. If it is to be in June, July, September or October, I do not see why you would need the date to be fixed now, but perhaps the Minister can tell me whether I am right or wrong on that.

I have a letter from Mr Mark Harper MP, Minister for Political and Constitutional Reform, 70 Whitehall, London SW1A 2AS. He writes:

“We will therefore seek to ensure that the Parliamentary Voting System and Constituencies Bill includes provision for that date”.

Perhaps the Minister can indicate what he has in mind to achieve that course of action. So, on the question of date, is it too fast? We are happy with the approach that has been adopted by this House. What is the Government’s position on that?

Secondly, we wanted it to be indicative, not compulsory, so that Parliament could subsequently debate, if there was a yes vote in relation to alternative votes, what the right method of alternative vote systems would be. Thirdly, we did not want it to be combined with other elections. Again, I would ask the Government to set out their position in relation to that. I assume that their position remains as set out in Clause 4. Those are the four significant points.

We have made it clear that we support in principle the idea of a referendum on AV, but I should like to hear the Government’s justification on the three points of principle. Should there be a referendum at all? Why choose this sort of AV? Why not go for other opportunities? I would also like to hear the Government’s position on whether this is too fast, whether it is indicative, not compulsory and whether it should not be combined.