Electoral Registration and Administration Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Wednesday 23rd January 2013 Lords Chamber

[Lord Tyler]

The noble and learned Lord suggested earlier that he has some misgivings about the motivations and independence of thought of the Secretary of State in December 2015. Does that mean that he does not expect to be in that role?

[Lord Falconer of Thoroton]

I have to be frank with the noble Lord: I do not expect to be in the role of Secretary of State. I have no idea who the Secretary of State will be. My anxiety was not what I know would be an open-minded and fair approach should it be a Labour Administration—indeed, a Liberal Democrat Administration as well. My anxiety was the coalition’s predilection, should it remain in power, to say, “We think the position is that we should try to bring it back to 1 December 2015”. That is all I was thinking of. That is our position on the carryover.

On proxy and postal votes, my understanding of the logic behind carrying over for one extra year is that you recognise that even though there will be much publicity and support for people to register themselves individually, it will not work with everybody. If that logic applies to individual registration, it is bound to apply to those whose proxy or postal vote you have to carry over. We are surely in a position where we wish to encourage people to vote. If you believe that you have a proxy or postal vote, and then you discover you have not, the likely effect is a reduction in the number of people who can vote.

To my immense disappointment, for reasons he did not adequately explain, the noble Lord, Lord Rennard—this is not a criticism of him—said that he was persuaded by the logic. He did not say why, and I was therefore unable to know why one should be persuaded by the logic. I would be grateful for an explanation from the Minister as to why the logic applies to extending registration to 1 December 2016, where there will be help, but it does not apply where there is a proxy or postal vote. This is an important matter that goes to the heart of our democracy.

However, I do not want to sound churlish, and I am very grateful that there has been extension for the other bit of the carryover to 1 December 2016.

Electoral Registration and Administration Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Monday 29th October 2012 Lords Chamber

[Lord Falconer of Thoroton]

My Lords, this is a small but important point. It is a probing amendment, but I would very much like some assurance from the Minister.

Schedule 1 is about the registration and removal of electors on the register and Amendment 2 relates to an appeals process. We on this side of the House believe that people who are excluded from the register under the new system should have a legitimate right to appeal against the decision made by the electoral registration officer. The ability to cast a vote is a fundamental right and a key part of civic society. As the Government’s own implementation plan states:

“Registering to vote matters. It is the building block of our elections and an important civic duty. It provides people with an opportunity to elect their Member of Parliament, their local Councillor or Member of the European Parliament and is used as the basis for important activities like Jury Service”.

We believe that as many people who are eligible to be registered should be. I believe that the higher the turnout at elections, the better. I say that not just because I speak for a political party. As we have already mentioned today, and as I am sure will come up again as your Lordships’ scrutiny of this Bill progresses, there are known risks associated with the move to individual electoral registration. People will fall off the register, especially in the interim, and especially under this Government’s plan as so many of the safeguards that were in the 2009 Act, which my noble friend Lord Wills was instrumental in introducing and was referred to in the debate, have been scaled back.

In the spirit of tackling voter fraud, which we know is the key motivation behind this Bill, and behind its speeded up implementation plan, some of those who fall off the register will do so legitimately because they should not have been there in the first place. Of course, that is right and that is what should happen, but some people will be removed in error. Given the importance of the right to vote, and so the importance of being registered, those who do fall off should have an opportunity to appeal. Given the importance of the method, I would like to say a few things about the appeal.

At the moment, under the current system of registration, there is a clear appeals process. It derives from new Section 10A(3) of the Representation of the People Act 1983, and regulations set out in 2001. The relevant legislative base is sufficient for the current system but will these provisions be suitable once the transition has been made to individual electoral registration? Could they be fully applied, will any amendment be needed to the appeal provisions, and does the Minister see any merit in incorporating the 2001 regulations into the Bill, so as to provide assurance that there is a valid appeal process that Parliament has dealt with and approved? It is a probing amendment and I should be interested to hear the Minister’s answers. I beg to move.

[Lord Tyler]

My Lords, I want to contribute briefly to the discussion of this amendment on the appeals process but, before I do so, perhaps I should put the record straight in relation to the 2009 Act. There was not unanimity, despite what was said earlier, about the previous Government’s timetable for the introduction of IER. Both my noble friend Lord Rennard and I, during the Second Reading of the Bill on 18 March 2009, made it clear that we hoped there would be an acceleration of the programme, which is of course what the present Government are doing. Since then we have found that the previous register was so incomplete that there was a greater case for accelerating the process.

Fixed-term Parliaments Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Monday 16th May 2011 Lords Chamber

[Lord Falconer of Thoroton]

I do not know whether the noble and learned Lord noticed, but we lost the election. In a sense, I would not have been able to say that we would have had much credibility in putting that forward as the losing party—but you might think that that illustrates my point. The AV referendum was defeated, and the party that proposed it was defeated; the Liberal Democrats did not propose it and the Tories did not propose it. Because of the deal that was done and because of the influence that the coalition has on both Houses of Parliament, it is possible for such a constitutional change to get through both Houses of Parliament. An even more interesting point is that I do not think, although the noble and learned Lord will know better than I, that the AV constitutional change—if we ignore the referendum result for the moment—would have actually passed through Parliament; the only way that an attempt could be made to get it on to the statute book was by using the referendum route. The Conservatives would not have voted for it and half of my party would not have voted for it; all the Liberal Democrats would have voted for it, but I do not think that that constitutes a majority.

Most countries have some sort of entrenched or embedded position to protect the constitution, because most countries believe that if their constitution is working it should be more difficult to change it than other provisions. The heart of our constitution is in our democratic arrangements, such as how long Parliaments last, how we elect Members of Parliament, how we determine what the constituencies are and how many constituencies there are. All those arrangements have been fundamentally changed by the first two Bills, except that the AV referendum was defeated. The significance of the defeat in the AV referendum is that it indicates that the public are not interested in, or particularly keen on, a particular change in those particular systems. Before this series of Bills was introduced, my inclination would have been to be more trusting of Parliament to stop changes that go to the heart of the constitution and do not have popular support. Inevitably, in the light of what the coalition has done, one’s faith in Parliament’s ability to resist, because of the coalition, goes down.

The importance of what my noble friend Lord Grocott is proposing in this amendment, which I doubt he will push to a vote—but it is an incredibly important debate to have—is that, if parliamentarians are prepared to play with the constitution in the way that the coalition has done, as simply a counter to be given away in order to get into power, Parliament needs to look at how you protect the constitution against backroom deals in smoke-filled rooms. I am not aiming that particularly at the Liberal Democrats or the Conservatives; I am saying what the consequence is of coalitions.

I end with a reference to the noble Lord, Lord Tyler. I do not know whether noble Lords remember the excellent contribution that he made to the Parliamentary Voting System and Constituencies Bill, but he was an enthusiast for all of it. I happened to read in my Observer after the AV thing was lost, where the noble Lord said words to the effect that, “Now the AV vote has been lost, I should remind the Conservatives that there still yet needs to be a vote on the new constituencies that are being drawn”. I took that to mean that it was all basically politics that was going on, that it as just a deal that was done, and that if the Liberal Democrats did not get AV they might look askance at what they had previously said was a major constitutional change. I understand why constitutional change. I understand why the noble Lord did it, but does that not suggest that we need to build in a few more protections in relation to major constitutional change? It would appear that this House, which has previously been good at stopping major constitutional change, is now faced with a coalition that has not viewed constitutional change with the same degree of responsibility as previous Governments.

I take the point made by the noble Lord, Lord Newton. He is absolutely right that from time to time we did propose constitutional changes, but we got drawn up short by Parliament. That has not happened with this suite of constitutional measures. That is what my noble friend Lord Grocott is saying needs very careful thought. It might not be a referendum that is needed, but something is certainly needed to give a bit of strength to Parliament to resist the possibly politically motivated constitutional changes that the coalition has brought forward—as opposed to in the national interest.

[Lord Tyler]

I wonder whether in the course of his rewriting of history, the noble and learned Lord could just indicate which proposals for changing our constitution during 13 years of Labour Government, many of which he himself was responsible for, he ever suggested should be put to the public in the form of a referendum.

[Lord Falconer of Thoroton]

The Welsh Assembly, the Scottish Parliament, the Mayor of London—those are the ones that come to mind immediately.

Fixed-term Parliaments Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Monday 16th May 2011 Lords Chamber

[Lord Tyler]

I can only say to my noble friend that I was advancing the case for precisely this legislation long before there was ever the possibility of a coalition. It is extremely important to come back to my absolute core principle that the arithmetic of the House of Commons should be of issue. If, for example, the circumstances to which my noble friend refers occurred and there were in the House of Commons a solid majority for a change of Government in the midst of the present economic crisis, in order for that change of Government to take place without a general election it would be the House of Commons that decided whether the Government had the confidence to continue. Therefore, I do not think that that circumstance is an appropriate or proper reason for changing Amendment 20, which I think would be a useful amendment to the Bill.

The Bill recognises that, if it were acceptable or even necessary to call an early general election, the final decision should be left to Parliament and not to the individual whim of one party leader who happened to occupy No. 10. Even if there were not near unanimity among MPs, the safeguards in the Bill would ensure that, in the circumstances I have described, a vote of no confidence would lead to an early poll once it became clear that no alternative Government could be established and enjoy the confidence of the House of Commons. Amendment 20 deals very well with this problem. It deals with the questions that were raised last week, although clearly some people on that occasion and now might say, “Well, we know what a Motion of no confidence looks like when we see it”. Frankly, I think that the amendment deals with the problem of definition rather better than that.

I think it was my noble friend Lord Forsyth who made the point that in almost all the circumstances that have been described—defeat on a Finance Bill or some big issue of that sort—the leader of the Opposition would be likely immediately to table a Motion of no confidence in the Government. Therefore, to some extent, the suggestions that have come from other parts of the House may be superfluous. I and my colleagues tabled a probing amendment suggesting that such a Motion should always be in the name of the leader of the Opposition, which would reflect that point, but in the real world that will almost always be the person who tables the Motion.

The Government have moved substantially and my noble friend has put his name to Amendment 20. I think that the very serious problems enunciated earlier by previous Speakers of the other place have been dealt with, and removing the Speaker from a potentially very invidious position is very important.

I turn to the other amendments briefly because I suspect that they are not going to be pursued with quite the same enthusiasm as Amendment 20. The amendment in the name of my noble friends Lord Cormack and Lord Hamilton seems largely to enshrine the status quo. However, I do not think that the status quo is acceptable, as it involves all sorts of problems. I suggest that under their amendment a Prime Minister, instead of simply going to the Palace, as now, could engineer a vote of no confidence and therefore cut and run for an early election, which would destroy one of the major objectives of the Bill.

The proposal maintains the unfair partisan advantage conferred on one party leader as opposed to another. It is remarkable that when faced with the prospect of the first Prime Minister in history prepared to give up this important power to Parliament there seem to be some people in your Lordships’ House who say, “We do not want to be given this power. We would rather you kept it, Prime Minister. We do not want the responsibility”. I think that that would be a retrograde step.

The issue is also present in Amendment 22ZB in the name of the noble Lord, Lord Armstrong, who has explained why he is not able to be here. Amendment 22ZB contains an extraordinary provision that any vote deemed a vote of no confidence by the Prime Minister, and party leader, should be a vote of no confidence. Rightly, the Bill and, indeed, Amendment 20 seek to avoid that. Those in your Lordships’ House who lived through the Maastricht debates in the other place, particularly former Conservative MPs, will remember the pressure that was brought to bear night after night by the Whips threatening that it could be deemed a Motion of confidence that could bring the Government down and trigger an immediate general election. MPs should have the capacity to vote down the details of legislation they disapprove of without being pressurised by a Government trying to force them to take a view that is not truly theirs. I fear that Amendment 22ZB could be defective for that reason, if for no other.

There is a definite problem with that amendment since it might well be open to judicial challenge. The judicial challenge to the role of the Speaker would be very difficult but when the head of the Executive takes a decision, I think a judicial review might well be a prospect that we would have to face. I mentioned that in Committee previously and a number of Members of your Lordships’ House, who are much more learned in the literal sense than me, seemed to agree with that. There is also an implication for Clause 3 and the issue of how a Dissolution should take place in the amendment of the noble Lord, Lord Armstrong.

I am slightly baffled by the amendments in the name of Members of the Labour Party and the noble and learned Lord, Lord Falconer. I may just be being stupid but it seems to me that perhaps quite a major constitutional change is in prospect. The burden of their amendments seems to be that when a Government are newly elected—or, strictly, a Parliament—some special mechanism should be introduced in the days following the election.

[Lord Falconer of Thoroton]

I can assure the noble Lord that he is not being stupid. It is my failure for not explaining it adequately. Where there has just been a general election and a Government do not obtain the confidence of the House, the right course in those special circumstances, as in the case of Mr Baldwin in 1923, is that what the electorate may well have wanted from the election is somebody other than, as it were, Mr Baldwin. That is why those amendments are there.

[Lord Tyler]

That is a very interesting point and I shall contemplate it.

I come to another point. It would seem that the noble and learned Lord has a problem with the two-week thought process—the cooling off period that the noble Baroness referred to. I would like to know whether he stands by the statement by Mr Christopher Bryant in the other House, who said:

“We quite like the provision for two weeks—it seems sensible if an alternative coalition or Government could be formed”.—[Official Report, Commons, 24/11/10; col. 361.]

He also said:

“The Government—I think rightly—want to say that after a motion of no confidence, there could be two weeks during which the House could, if it wanted, pass a motion of confidence in either the same Government, presumably, or another Government, with either the same Prime Minister or a different Prime Minister, with a different set of ministerial colleagues”.—[Official Report, Commons, 24/11/10; col. 359.]

That flexibility was very admirable and a great deal more supportive, if I may say so, of the Government’s position than would be implied by what the noble and learned Lord, Lord Falconer of Thoroton, has said. It may be that he or one of his noble friends may wish to come back and say whether Mr Bryant was misled, or whether I was misled by that interpretation.

Amendments 20C and 22ZD have so many negatives that I am in something of a spin, even after the noble and learned Lord, Lord Falconer, explained them to me. If the intention is to make a major change in the circumstances immediately following an election, there is a good case for that: it is a very attractive proposition. The fact that the leader of the party who seeks to form an Administration should bring both the Administration and his or her programme to the House of Commons for it to be endorsed at the outset of a Parliament would emphasise that we are not electing a Government but a House of Commons, which in turn gives responsibility and power to a Government. However, it may be rather too late in the passage of this Bill to introduce changes of that scale and radical intent.

The noble Lord, Lord Norton, as usual gave us a very interesting attempt to define and pin down the issues, but I think that he conceded that Amendment 20 may be the right way ahead.

We have made huge progress. As others have said, this is very much to the credit of my noble and learned friend, Lord Wallace of Tankerness. Again, it illustrates some very important points that we should all take account of. First and foremost, we have maintained intact the principle of the Bill that was sent to us by the other House. Secondly, if we pass the amendment and introduce a new Clause 2, that will remove any possibility of any weakening of the neutrality of Speakers of the House of Commons. That is obviously desirable. Thirdly, it still removes an important extra power from Prime Ministers and their Whips simply to decide that an issue of detailed policy is a matter of confidence. All three of these achievements are truly welcome. I hope that the House will support Amendment 20.

Fixed-term Parliaments Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Tuesday 10th May 2011 Lords Chamber

[Lord Tyler]

The noble Lord has made a very important point about protecting the constitution. Has he considered the consequences, in terms of a very considerable constitutional crisis, if, under the wording of this amendment, one House votes in one way and the other House votes in the other way? That would raise huge problems in terms of the primacy of the other place.

[Lord Falconer of Thoroton]

In the situation where you have a proper constitutional arrangement, whereby we protect the constitution here, if you took the view that we were not going to support such a resolution, that is the way that our constitution works. We have been good as a House in determining when we defer to the other place. We do not defer only when we think a real constitutional principle is in issue; if we did not defer to the other place on an issue like that, we would be assuming—I would be assuming—that an important constitutional principle was at stake. What is wrong with that? What is our purpose if a part of it is not to defend important constitutional principles?

Fixed-term Parliaments Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Tuesday 29th March 2011 Lords Chamber

[Lord Tyler]

He may well have said that, but actually what he put on the table before the electorate in 1974, which I remember very well, was that his Government were challenging the country to say whether his Government—and the elected representative Members of the House of Commons who gave confidence to his Government—or the miners should continue to govern the country. That was the issue that he put before the country.

This is, surely, what the Bill seeks to enshrine: that we are a parliamentary democracy, not a quasi-presidential democracy. It is not clear that the noble Lord’s amendments, or any of the options before us in this group, would actually improve it. Unless we intend to complete the process from a parliamentary to a presidential form of government—which I assume my noble friend does not support—surely the change he appears to recommend would be premature. I believe in a parliamentary democracy, and I believe it is the House of Commons that gives confidence to a Government. If that were to change, we would be making a very considerable and dramatic alteration to the basis of our whole constitutional settlement.

[Lord Falconer of Thoroton]

It is possible to see very clearly what the noble Lord, Lord Norton of Louth, is trying to achieve. The current position is that, on the defeat of the Government in a vote of no confidence, the Prime Minister has the choice either of resigning, in which case the House of Commons has the opportunity to form a new Government, or, alternatively, of advising the Queen to dissolve Parliament and have a general election. The choice is either have an election or try to produce a new Government. As I understand it, the noble Lord, Lord Norton of Louth, is trying, in effect, to replicate that with his proposals.

The amendment is saying that once the Government have lost the vote of confidence, instead of the 14-day period, the second provision required for an immediate general election is that the Prime Minster asks for a Dissolution. The amendment then adds in a bit that says that, where the Prime Minister resigns, there is 28 days to form a new Government. The difficulty is that that is too rigid. Let us assume that in March 1979 the Prime Minister in theory wanted to stay on, although that was not his position at the time. His right course at that point would have been to resign. He would then have had 28 days, in effect, not 14 days, because, remember, the vote was 311 to 310. If you were a Prime Minister who wanted to stay on, you would resign then offer various junior ministries at the widget shop to a variety of people and then get your 311.

The amendment of the noble Lord, Lord Norton of Louth, would provide for an early general election if,

“on a specified day, the Speaker has been notified that the Prime Minister has tendered to Her Majesty his or her resignation, and … a period of 28 days has passed after the specified day has ended without the House passing any motion expressing confidence in any Government of Her Majesty.”

This may not be what the noble Lord, Lord Norton of Louth, intends, but the wording leads to the possibility that you could end up with a Prime Minister who has been defeated but does not want to go, so he indicates that he is resigning. If the other side fail to form a Government, he could then come back, so the bidding war that has been going on for 28 days is the one that would otherwise have gone on in the 14 days.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Monday 7th February 2011 Lords Chamber

[Lord Falconer of Thoroton]

My Lords, this is an important amendment, which goes to the legitimacy of any change to the voting system. First, I do not believe that the stages in the argument are substantially in dispute. The referendum deals with an important constitutional issue and I have not heard anyone say that we should not have a referendum. There are people who object to referendums but, by and large, if our country is having referendums, this is an issue to have one on because it changes the voting system.

Secondly, this is an unusual Bill in so far as a referendum is concerned because it provides for a compulsory referendum, not an advisory one. By that I mean that if the vote is passed, the consequence is not that Parliament would then produce another Act of Parliament, as it did with the Scotland Act and the Wales Act, but that there is automaticity in that the Minister is required to bring forward an order that would automatically, in the light of the vote, give effect to the change in the voting system.

Thirdly, the effect of the provisions is that if, for example, there was a turnout of 25 per cent in the referendum, which no one regards as an outlandish percentage, you could end up with what is regarded by all as a major constitutional change being produced by 12.5 per cent of the country supporting it.

Fourthly, the reason why a referendum is required is that in constitutional change of this importance—and no one disputes its importance—it should be harder rather than easier than normal to effect such a change.

Fifthly, this is a change that has the support of the Liberal Democrats, while the Labour Party is divided on it and the Conservatives are against it. The effect is that it is almost certain that unlike with, for example, the Scotland Bill, the Wales Bill and the European common market in the early 1970s, Parliament would vote in favour of these changes. That means that, if there is no threshold, you have a situation where, far from it being harder to bring about this constitutional change, it may well be easier than it would have been with a normal Act of Parliament.

The noble Lord, Lord Elystan-Morgan, said that if you ended up in a situation where the referendum was passed by 12.5 per cent of the electorate, which would be the position, the legitimacy of the change would be considerably in doubt. I agree with that. It would—I quote the noble Lord—“eat like acid” at its legitimacy and put our voting system in play for whoever next forms the Government. There needs to be some protection to ensure that a major constitutional change such as this is not easier to make than through a normal Act of Parliament.

I am aware of the history of this matter, which is coloured by the threshold that was inserted in the 1978 Bill in the House of Commons. At the Committee stage, there was an interesting debate on that, during which George Cunningham, then the Member of Parliament for Islington South and Finsbury, in a very powerful speech persuaded Parliament that it would be wrong to make such a major change without there being a threshold.

[Lord Tyler]

Will the noble and learned Lord explain one point to me? His colleague in the other place, Mr Christopher Bryant, made a powerful speech against any threshold in this Bill, on which the Commons voted by 549 to 31. Why does the noble and learned Lord differ from his colleagues in the other place?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Monday 31st January 2011 Lords Chamber

[Lord Falconer of Thoroton]

My Lords, I am obliged to the Leader of the House. As he has said, we have agreed through the usual channels that Committee on the Bill should be completed at the close of business this Wednesday. This is the product of good discussions on the substance of the Bill over the weekend and today. Focusing only on the key issues on Report and employing the economy and focus which your Lordships will expect on Report and at Third Reading, the timetable will depend on further agreement between the parties on substantive issues. The Cross-Benchers have played a critical part in getting us to the good point that we have reached, and we now commit ourselves to work hard to try to reach the necessary further agreement.

[Lord Tyler]

My Lords, on behalf of a number of us who have been here for long hours into the night, I congratulate and thank those who have been involved in these discussions, not least the Convenor of the Cross-Benchers. I hope that this spirit of compromise will extend into the planning of Report, on which we might otherwise find ourselves in a repetition. I remind the noble and learned Lord, Lord Falconer of Thoroton, that he and his colleagues endorsed the working group of Labour Peers, chaired by the noble Lord, Lord Hunt of Kings Heath, which recommended that a reasonable time limit be set for all Bills to complete their passage in the Lords. I also remind the noble and learned Lord that in endorsing that recommendation, in a speech to the Labour Party conference on 29 September 2004, he said very wisely:

“The Second Chamber should have the powers to revise, to amend, to scrutinise, but not finally to frustrate the programme of a legitimately-elected government”.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Tuesday 18th January 2011 Lords Chamber

[Lord Tyler]

The second part the amendment of the noble and learned Lord, which is very interesting and I hope will be examined carefully by your Lordships’ House, is dependent on an electoral quota for that part of the United Kingdom. I may have missed something in either what he said or where the amendments come, but I have not found different electoral quotas for different parts of the United Kingdom. Would those quotas vary dramatically in Wales, Scotland, England and Northern Ireland? If so, that would undermine the presentation he has given us, which otherwise is very helpful.

[Lord Falconer of Thoroton]

I do not think that it would. Perhaps I may write to the noble Lord with the figures in relation to that. I beg to move.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Monday 10th January 2011 Lords Chamber

[Lord Tyler]

I am very grateful to the noble and learned Lord for giving way. I am finding it difficult to follow him. I think that this is the most important part of his amendment: the trigger to start the process. I should say that I sit on an informal all-party advisory group which the Electoral Commission consults occasionally. I really do think that his amendment imposes on the Electoral Commission a responsibility that it is not ready to take and would not wish to take. How can he suggest that there are criteria by which the Electoral Commission could certify that every local authority has taken all reasonable steps to ensure that the electoral register is as complete and accurate as possible? I cannot see how it can do that. The work done by his Government previously may have helped, but it certainly has not enabled the Electoral Commission to take the very subjective view that he suggests.

[Lord Falconer of Thoroton]

I do not think that it is a subjective view. The commission would not be asked to guarantee that everyone, or 95 per cent of people, was on the electoral roll; it would be asked to check that the local authorities had taken all reasonable steps. I envisage that it would set out what it would expect a reasonable local authority to do—for example, house-to-house inquiries if there were very high levels of underregistration; or getting the figure up to 95 per cent in certain sorts of area. It would not be difficult to identify the criteria that had to be satisfied before the commission could be satisfied. There are so many other areas in which public bodies certify that reasonable steps had been taken. I do not regard it as beyond the wit of man for the commission to do the same in relation to local authorities.

[Lord Tyler]

The noble Lord’s amendment says that every local authority has taken all reasonable steps, so presumably no Boundary Commission operation could start or any review be initiated until every local authority had been able to satisfy the Electoral Commission that it had taken reasonable steps. That is an impossible target. I am sure that, from his ministerial experience, he would agree.

[Lord Falconer of Thoroton]

This new review could not start before every local authority had done that, but what would the excuses be? Why should one, two, three or four constituencies be prejudiced?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Wednesday 15th December 2010 Lords Chamber

[Lord Tyler]

My Lords, the noble Lord, Lord Campbell-Savours, seems to have shouted, got up and sat down. The issue here is simple arithmetic. Suppose that the amendment in the name of the noble Lord, Lord Grocott, went through and 45 per cent of the registered electorate voted yes while 4 per cent—I do not think that it will quite so dramatic, but who knows?—voted no. The noes would win because only 49 per cent of the electorate would have turned out. I am very sorry to have to disagree with my noble friend Lord Lawson, but my noble friend the Leader of the House is right: if you do not vote, it is a no vote.

[Lord Falconer of Thoroton]

I do not think that the noble Lord, Lord Tyler, has been listening to his noble friend Lord Lawson, who is saying that sometimes a threshold will encourage people to vote yes. The question that I am asking the noble Lord, Lord Strathclyde, is: what does the evidence point to?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Wednesday 8th December 2010 Lords Chamber

[Lord Tyler]

All the evidence from Professor John Curtice, who was mentioned earlier, is that AV is less likely to result in a balanced Parliament, as we have now, than first past the post. The noble Lord may be able to look to the future and have a better idea, but the academic evidence is that AV is less likely to do that because there is a sort of bonus towards the larger party as a result of the election.

I find it incredible that so many Members opposite are ignoring what has been said by their party leader—and in the Guardian today—by saying in absolutely firm terms that they believe that AV is the right way forward. Of course, they are being consistent with what they said previously in Parliament and in the election, but I find it quite extraordinary that so many Members opposite feel that it is necessary to rebel against their own party at this juncture and to weaken the position of their new leader.

[Lord Falconer of Thoroton]

I would like to help my noble friend. It is not the position of the Labour Party that there cannot be an open debate—I hope that he will encourage an open debate as well—and there is no party obligation to support AV. We support the idea of a referendum, but not necessarily AV. We want the country to debate it, and I am very grateful to the noble Lord for contributing to that debate.

[Lord Tyler]

I am grateful to the noble and learned Lord, because he has pre-empted the question that I was about to ask. I am assuming, from what he has just said, that he will support—not just not vote against—the motion that Clause 1 stand part, because what he has said implies that he will do so. If we had known that an hour or so ago, this debate might have been rather shorter.

It is true that the previous Labour Government twice committed itself to this precise form of words for putting the issue to the people. I believe, as Churchill said, that we should trust the people on this issue. I am quite prepared to debate in any television studio with the noble Lord—

--- Later in debate ---

[Lord Tyler]

I have to tell the noble Lord that Churchill was a supporter of electoral reform when he was a Liberal, and then—I am sorry to say—disappeared off into a different party.

I believe with both the coalition Government and the Labour Party that those same citizens who have been cheated by our current system for so long should be given an early opportunity to vote for a better system. The proposal may not be perfect—I agree with those who made that point—but we have had the moment of truth, in that the Opposition Front Bench are now saying that they will support the motion that Clause 1 stand part of the Bill. That is good news. I hope that we can make equally good progress with the rest of the Bill.

[Lord Falconer of Thoroton]

What a rip-roaringly good debate it has been. Only the noble Lord, Lord Tyler, who keeps putting words into my mouth, slightly spoils it.

These are the questions that need to be addressed as a result of the debate. First, there is a strand in the debate from the noble Lord, Lord Hamilton, and my noble friend Lord Grocott, who said there should not be a referendum at all. The noble Lord, Lord Hamilton, said it would lead to a worse system; the noble Lord, Lord Grocott, said that there is no case made out adequately for AV. One of the purposes of us debating it in Committee is for the case to be looked at. The first question that the noble Lord, Lord Strathclyde, should deal with, is why should there be a referendum with AV as the only alternative in it? He should answer the noble Lords, Lord Hamilton and Lord Grocott, because for people voting in the referendum, there needs to be a credible case for it made by the Government, which goes beyond saying, “I agreed it with my coalition partners, therefore it must happen”. That carries no weight with the electorate.

The second question that has been raised is: why choose this sort of AV? That was the debate between the noble Lords, Lord Campbell-Savours and Lord Greaves, which is beyond most of our abilities to comprehend. I say seriously that it is important because the Government are saying, “A detailed proposal for an alternative vote system is set out in Clause 9 and if you vote “yes”, that is the one you will get”. The noble Lords, Lord Greaves and Lord Campbell-Savours, are at each other’s throats about whether that is the right system of alternative vote, and in voting yes, the individual members of the electorate in the referendum have to decide whether they think it is the best.

I say in parenthesis how glad I was to see the Deputy Chief Whip, the noble Lord, Lord Shutt of Greetland, going to speak to the noble Lord, Lord Greaves—I think, to encourage him to continue to participate in the debate. The moment that the noble Lord, Lord Shutt of Greetland, spoke to the noble Lord, Lord Greaves, instead of keeping to his seat, he immediately got up to intervene in the debate. I congratulate the Liberal Democrats on that.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Monday 6th December 2010 Lords Chamber

[Lord Falconer of Thoroton]

That raises a fundamental point which my noble friend Lord Rooker puts very well; you have to be able to explain why AV has been chosen and the public are not being given a choice on anything else. I have to say again, rather distressingly, that the noble Lord, Lord Strathclyde, did not deal with that at all in relation to the last amendment. He said that clarity was important. That is an answer, but it does not deal with why AV has been chosen. There is a profound sense in this House that there are a range of options. My noble friend Lord Rooker and the noble Lord, Lord Lamont, have pretty well destroyed the idea that AV is an effective choice.

If at all possible, I should like the coalition to explain why it has chosen AV as the only alternative proposition that it is putting to the electorate. If the answer is—I think that the Deputy Chief Whip is trying to tell me this—“Well, that is all we could agree with the Liberal Democrats”, that is fine, and I hope the electorate will treat that with the contempt that it deserves. Then the position is that we are not suggesting that it is the best alternative; we are saying that it is the only one on which we could reach agreement. I very much hope that the coalition is straightforward about that, because this is a serious debate about the constitution. Unless no answer is forthcoming, there is no other option but for this House to debate which are the better options. I know that that wearies the noble Lords, Lord Strathclyde and Lord McNally, but if you cannot explain or debate the best alternative to first past the post, the position is that the merits of each of them have to be debated.

[Lord Tyler]

Perhaps it would help the House if the noble and learned Lord was able to explain why this was the only alternative to the first past the post system that his Government twice put before Parliament and the nation. The first time was in the Constitutional Reform and Governance Bill, when this was very specifically the only alternative that was going to be put before Parliament and the people, as he well knows. The next was at the general election. It would help the House to have his explanation.

[Lord Falconer of Thoroton]

That was the step that the then Government proposed in the Constitutional Reform and Governance Bill. That step was then proposed in the referendum, but it was rejected by the public because we lost the election. This is the team who won the election. Unless you are saying to us, “We adopt the position that the Labour Party adopted”, I am unable to understand why it is. I hear the noble Lord, Lord Fowler, saying “Come on” from a sedentary position. If the reason is that the Conservatives and the Liberal Democrats have adopted the miserable little compromise that they proposed because we adopted it, let them say so. The deafening silence, the lack of argument and the black hole at the centre of the argument—

[Lord Tyler]

This is absurd. Presumably, the noble and learned Lord and his very distinguished colleagues in the previous Administration had a thought process that brought them to the conclusion that it was the right choice to put before Parliament and subsequently at the general election to put before the public. They were not just jumping ahead and wondering what a putative coalition might attempt in the future. At the time, he was a distinguished member of that Government. Surely he had an input into that thought process. Can he not share that thinking with us?

[Lord Falconer of Thoroton]

I am afraid that I was not a distinguished member of the Government at the time, but let me speculate as to what might have been in the mind of the Government.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Tyler

Monday 15th November 2010 Lords Chamber

[Lord Falconer of Thoroton]

What a load of nonsense. Of course they could be subjected to pre-legislative scrutiny. I shall tell the noble Lord what you do. You say, “Let’s have pre-legislative scrutiny first”, as I understand the Government are doing in relation to House of Lords reform. Why could that not have been done in relation to Part 2 of the Bill?

[Lord Tyler]

The noble and learned Lord was a very distinguished member of the previous Administration. Does he recall that it took two years to bring forward any proposals on the Constitutional Reform and Governance Bill and that, when the Bill came forward, it acquired a completely new clause on AV that had not been subject to any pre-legislative scrutiny? Was that not just the same thing as what he is now suggesting?

[Lord Falconer of Thoroton]

The noble Lord, Lord Tyler, exemplifies the attitude of the Liberal Democrats, who seem to think that the Bill is splendid and marvellous. Look at them. The moment that they have the most important constitutional Bill since 1832, they simply ignore the—if I may say so—entirely admirable approach to which the noble Lord, Lord Tyler, refers. I do not know why he is looking at me. He should be looking at the noble Lord, Lord Strathclyde.

This is an unsatisfactory Bill. As its specific proposals are not to be found in either of the coalition party’s general election manifestos, we must conclude that not only is it an unsatisfactory Bill but, as the noble Lord appeared to be conceding, it has no mandate. This is truly a shame. We on this side of the House support the holding of a referendum on the electoral system for elections to the House of Commons and we approve of the stated intention to bring the size of Westminster constituencies more into line with each other than they are at present, but the way in which the Government articulated their proposals and rammed them through in another place quite hypocritically—as the noble Lord, Lord Tyler, has demonstrated—was shoddy. Then they say, “We can’t change it because the other House has approved it”. I should say to the noble Lord that this has succeeded in uniting opposition to their plans.

First, on the Liberal Democrat part of the Bill, the AV referendum, I completely agree with the noble Lord, Lord Forsyth, that the provisions in Part 1 are not in reality a referendum Bill. The Bill seeks to change our system of voting from first past the post to an alternative vote system, but it makes the introduction of those changes subject to a yes vote in a referendum. The referendum in this Bill is not advisory, as in all previous referendum Bills in this country, but binding. There is a requirement on the Minister to lay the order that will introduce the changes. It is totally unclear from the Bill whether it will be a negative or an affirmative order that will fundamentally change our electoral system. We need therefore to scrutinise very carefully the provisions concerning the new system.

The Bill proposes that the referendum will take place on the same day as elections already scheduled in Scotland, Wales, Northern Ireland and most local authorities in England. The Government have failed to consult with the devolved institutions on the timing of the referendum. The plans have been condemned by the devolved Assemblies, but the Government have arrogantly ploughed ahead regardless and have not explained the magic of this date. We need to ensure that, if there is a referendum, it is one that best addresses the development of the electoral system in our country.

The following are points that we will explore in the next stages of this Bill. First, the referendum should be advisory and not binding. Secondly, the referendum should give voters the opportunity to vote on other systems apart from just first past the post or AV. Thirdly, the date should be moved to a date when there are no other elections. Fourthly, there should be a threshold of yes votes measured against a total number of those who can vote in the referendum.

Part 2 proposes a reduction in the size of the House of Commons by 50 MPs and a redrawing of constituency boundaries that—give or take 5 per cent—will prioritise the equal size of parliamentary seats above all other factors. Considerations of community, local ties, shape and accessibility of constituencies and geographical and natural boundaries are all to be subordinate to achieving the numerical ideal. On this side of the House, first, we ask the noble Lord, Lord Strathclyde, where the magic total of 600 constituencies has come from. I apologise for asking that because he has answered that question. He said that it came “from the air”. It certainly does not derive from either of the—