Queen’s Speech
Debate between Lord Foulkes of Cumnock and Lord Dubs(8 years, 11 months ago)
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Lord Foulkes of Cumnock (Lab)
My noble friend’s problems are nothing compared with mine. I keep getting invited to meetings of Conservative lawyers for reasons I cannot understand, but they will probably become clear when we come to the reply to this debate.
House of Lords: Size
Debate between Lord Foulkes of Cumnock and Lord Dubs(10 years, 5 months ago)
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Lord Foulkes of Cumnock
To ask Her Majesty’s Government what representations they have received about the increase in the size of the House of Lords.
Lord Dubs (Lab)
My Lords, on behalf of my noble friend Lord Foulkes, and with his consent, I beg leave to ask the Question standing in his name on the Order Paper.
Extension of Franchise (House of Lords) Bill [HL]
Debate between Lord Foulkes of Cumnock and Lord Dubs(10 years, 10 months ago)
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Lord Dubs
My Lords, this is not a new issue. It has been going for several hundred years. But what surprises me—perhaps it should not—is how many members of the public are not aware that we cannot vote in general elections. They say, “I am surprised, I thought you could vote”. I know that the public are not generally excited by this issue and there are no demonstrations in Parliament Square supporting my Bill—or even opposing it. Nevertheless, it is a matter of some importance.
Many eminent people in history have argued that Members of this House should be able to vote in parliamentary elections. I will take just one: Benjamin Disraeli. In 1868, during the debate on the Electoral Petitions and Corrupt Practices at Elections Bill, the Hansard record—which was not verbatim at the time—said:
“The Members of that House were now taxed by the Votes of the House of Commons, and therefore he could not understand why a Peer of the Realm should not have a right of voting for Members of Parliament and taking part just as another individual in the general business of a free country like this, with the view of protecting his property and guarding his own interests”.—[Official Report, Commons, 17/07/1868; col. 1383.]
Perhaps there is not much more to be said. I am indebted to the House of Lords Library for its note on this issue, which saved me hours of research.
Let me say at the outset that this measure has nothing at all to do with Lords reform as we normally speak of it. It is an entirely separate matter and it is quite wrong to link the two. It is a single issue and does not represent the beginning of a slippery slope. I can assure your Lordships of that and I made sure that in the Long Title of the Bill that is the case.
Over my years in this House, I have often heard three arguments against change. One is, “We have always done it this way so why alter it? It has been good enough for the past 150 years so why change it?”. Secondly, there is the argument that this is the thin end of the wedge and dreadful things will inevitably follow if we take such a dangerous step. The third argument is that we should not make haste on an important issue. Of course, I reject all these arguments and I think that most of your Lordships will do so as well.
During the debates in October 2011 on the Steel Bill, one Member of this House—he is present today but I shall spare his blushes—urged caution in moving too quickly on a very important matter. I realise that 1868 is only yesterday but even so, we can be too cautious when it comes to change.
After talking informally to Members of this House, the argument against being able to vote at parliamentary elections appears to be that we are in such a privileged position in being able to amend and influence legislation that we have no need to vote at general elections. I find this a very strange argument. We are the only second Chamber in the world whose Members are not entitled to vote in elections for the first Chamber. About 190 countries have a second Chamber, according to the records. Even in Washington there is no problem: members of the Senate have the right to vote and it has caused no problems whatever.
In any case, logic ought to play some part in this. We try to argue logically. We can vote in local elections, in European elections and indeed in referenda. Surely it is only sensible and logical that we should be allowed to vote in parliamentary elections.
Lord Foulkes of Cumnock
Is my noble friend aware that we are also able to vote in elections to the Scottish Parliament if we reside in Scotland?
Lord Dubs
I have said we can vote in referenda. Indeed, of course, Members of the House of Commons are entitled to vote in parliamentary elections. Furthermore, the prohibition on voting in parliamentary elections does not even apply to all Members of this House—I think we all know who I am talking about. The Lords spiritual have the right to vote, though they sometimes do not avail themselves of it. It would not be compulsory to vote; all I am saying is that we should be on the same basis as the Lords spiritual. The present position lacks logic and is unsustainable.
I have heard a further argument against the change, which has been used in previous debates, that legislation concerning the House of Lords should not be introduced in small packages; in other words, do not change anything until you can change everything. Until recently that was the position of the Deputy Prime Minister but I think he has moved away from that. It is absurd to say that we can only change everything—a sort of big bang theory. In practice, and we know this, it is usually better to argue for changes on an incremental basis rather than adopt an all or nothing approach. In any case, the only change I am suggesting is a vote. I repeat that this is not linked to any other suggestions about reform of the House of Lords.
House of Lords Reform Bill [HL]
Debate between Lord Foulkes of Cumnock and Lord Dubs
Lord Foulkes of Cumnock
My Lords, I should point out that this has already been done when the government Chief Whip moved a Motion that the Welfare Reform Bill should be considered in Grand Committee without having consulted properly with the officials of the House to see whether that was practically possible. Unfortunately, that precedent has already been created.
Parliamentary Voting System and Constituencies Bill
Debate between Lord Foulkes of Cumnock and Lord Dubs(13 years, 2 months ago)
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Lord Foulkes of Cumnock
My Lords, that is almost a reason not to support the amendment to which my noble friend Lord Touhig has spoken. I will say just a few words in support of Amendment 5D in my name and that of my noble friend Lord McAvoy. As my noble friend Lord Howarth said, the Scottish Parliament, by a substantial vote of 90 to 30, called on this Parliament and the Government not to hold the referendum on the same day as the elections to the Scottish Parliament. The Prime Minister Mr Cameron, when he was elected, spoke about an agenda of respect—of mutual respect—for the Scottish Parliament. However, one of the first things that the Government did was to ignore the views of the elected Scottish Parliament—the people who know best because they are there on the ground and will campaign in the election. That is one strong argument in favour of the amendment.
The second is that there will be two confusing campaigns. In a previous debate, when I indicated my total support for the sane and sensible remarks of the noble Lord, Lord Forsyth, even Members of this House drew a sharp intake of breath at that unusual alliance. That alliance will be there again—campaigning in Scotland against AV, which the noble Lord, Lord Forsyth, and I are both against. However, we will be campaigning on opposite sides in the Scottish parliamentary election, and that will cause confusion. I use the noble Lord, Lord Forsyth, as just one example. There will be many such people. Indeed, I previously said that the noble Lord, Lord Strathclyde—whom I remember saying he was against AV early in the debate—and I could be tramping the streets of Mauchline together on the same side in the referendum but on entirely different sides in the campaign for the Scottish Parliament. That will cause confusion. The posters will be confusing, as will the campaign with loudspeakers. I am not allowed to repeat arguments but, as I said previously, the two campaigns will cause confusion.
My last point is about the franchises. I have made the point before but will make it in a different form now because the Ministers have still not addressed it. There will be difficulty in dealing with two substantially different franchises when in Scotland, as my noble friends know, many Polish, German and French people will be entitled and able to vote in the Scottish Parliament election but not in the AV referendum. It will cause great confusion, which would not arise if the polls were not held on the same day. Respect for the views of the Scottish Parliament and the confusion caused by two campaigns and two franchises are very powerful arguments that should make the Government think again.
Lord Dubs
My Lords, my noble friend Lord Knight and others have indicated clearly why it is not appropriate to hold the referendum on the same day as these other elections. My amendment refers to Northern Ireland, and I briefly add a Northern Ireland dimension to further the arguments that have already been made. I remember, about 11 years ago, the referendum in Northern Ireland on the Good Friday agreement. It also took place in the Republic on the same day. The build-up to that referendum was enormous. Everyone in Northern Ireland knew what the issues were. A brochure on the Good Friday agreement had been put through their door. Friends of mine who lived there discussed at home how they would vote in the referendum. It was very clear. It was a single issue and one of crucial importance to the people of Northern Ireland.
I contrast that with what will happen this time. Very important elections for the Northern Ireland Assembly and for district councils are to take place in Northern Ireland. A great deal has happened since the last Assembly elections to the balance of power between the DUP and the Ulster Unionists and so on. These elections will be very important and rather different in tone, content and substance from a discussion on the voting system for general elections.
The political parties in Northern Ireland are also entirely different from those here. I am not sure where the Conservative Party and the Ulster Unionist Party will stand in the future. They were together at the previous general election; that agreement may or may not last into the future, but this is not the occasion to debate that bit of folly. The parties are different, so there is no carry-over from, say, Lib Dem policies to what will happen in the referendum.
As was mentioned earlier in a brief discussion between the noble Lord, Lord Alderdice, and the noble Lord, Lord Reid, the voting systems in Northern Ireland are different anyway. STV is used for both the Assembly elections and, as the noble Lord, Lord Alderdice, said, the district council elections. The starting point is very different, and that is what will be in people’s minds—not the election process for general elections. The possibility of confusion will be enormous. The Northern Ireland argument is at least as strong as, if not stronger than, the arguments that have been put forward by my noble friends. It will be confusing and I do not think we should do it.
Parliamentary Voting System and Constituencies Bill
Debate between Lord Foulkes of Cumnock and Lord Dubs(13 years, 3 months ago)
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Lord Foulkes of Cumnock
It is a great privilege to speak to such a full House at such a time and to move this amendment—which would leave out lines 29 and 30 on page 9. It is in order to make the purpose of the amendment clear, and important to look at the lines that are deleted. Those lines say:
“Each constituency shall be wholly in one of the four parts of the United Kingdom”;
and they then describe the four parts:
“England, Wales, Scotland and Northern Ireland”.
Under the present provisions, each constituency would have to be in one of the four countries that currently comprise the United Kingdom of Great Britain and Northern Ireland.
However, under the Crown there are more dependent territories than the four countries of the United Kingdom. I am talking not about independent countries but about Crown dependencies—home and overseas dependencies, and overseas and home territories. I am suggesting that each constituency should be wholly in one of Scotland, Wales, or Northern Ireland, so that they should each comprise a whole number of constituencies, while the fourth area that would comprise a whole number of constituencies would be,
“England together with the home and overseas dependent territories”.
This is a radical change from the current position, as noble Lords will immediately recognise, with three particular motivations or inspirations behind it.
The first inspiration is the former Member for Thurrock in the other place, Andrew Mackinlay. Noble Lords who knew Andrew, who served in the other place or who heard him speak will have heard him argue again and again that the home and overseas dependent territories should be considered and should be involved in the Parliament of the United Kingdom. He argued that very strongly and very forcefully. He raised it with the Commonwealth Parliamentary Association on a number of occasions. He went a little further and said that the whole of Ireland should be reincorporated into the United Kingdom, which was a step too far in many ways. However, he is the first inspiration.
The second inspiration behind it is the example of Gibraltar. Gibraltar is already included with part of the United Kingdom in a constituency for the European Parliament, so that the south-west of England and Gibraltar together form a constituency. Gibraltarians vote along with people of Devon and Cornwall and other parts of the south-west in one constituency to choose a Member for the European Parliament.
The third inspiration behind it is from France, a country that I am getting to know quite well. As the noble Lord, Lord Taylor of Holbeach, will know—I see him regularly either on his way over there or on his way back—and as others will know, in particular the noble Lord, Lord Howell, who is a Minister for the Foreign and Commonwealth Office, France has two types of overseas territories—TOMs and DOMs: territoires d'outre-mer en France and départements d’outre-mer. The territoires d’outre-mer are like our dependent territories, but départements d’outre-mer are integral parts of Metropolitan France. They vote in the parliamentary elections, they have representatives in the assembly in Paris and they have representatives in the senate in Paris as well.
We should look at the example of départements d’outre-mer and consider the possibility of incorporating, first of all, the Channel Islands and the Isle of Man, giving them the opportunity to vote in our elections and incorporating them into some of the constituencies here. Let them come to Westminster, argue their case and put their arguments before Parliament. Against that proposal, the Minister and others might argue that these territories have had what they would describe as independence for many years. However, their constitutional situation is very similar now to the situation in Scotland, in particular, but also in Northern Ireland and, to a lesser extent, in Wales, in that they have control over their own domestic affairs. However, in foreign affairs, defence and international treaties, the United Kingdom still has responsibility for the Channel Islands and the Isle of Man.
The other territories that I am suggesting could be incorporated are the Cayman Islands, the Falkland Islands, the British Virgin Islands, the Turks and Caicos Islands, Anguilla, Montserrat and the others—I may have missed out one or two. The noble Lord, Lord Howell, will know only too well the problems that have currently arisen, for example, in the Turks and Caicos Islands, where we now have direct control through the Governor of the Turks and Caicos Islands because of difficulties that have occurred there. There is a strong argument that if they were involved in decisions and discussions here in Westminster, their home arrangements would be less likely to get into difficulties. They could get help from our legal system and financial structures and a number of other areas by incorporating them like, as I say, the DOMs are incorporated in the French state.
As I say, this is a radical proposal. I am not expecting the Minister to agree to it straight away; it needs discussion over a period of time.
Lord Dubs
I have been trying to follow my noble friend’s argument and I think that I understand what he is saying, but perhaps he could explain something to me. My geography may be fading at this time of night, but how could a constituency in Northern Ireland go outside the boundaries of Northern Ireland? My geography is not up to answering that question.
Lord Foulkes of Cumnock
I do not think that the question arises. I am not suggesting that a constituency in Northern Ireland should go outwith Northern Ireland. I am suggesting that the Isle of Man could be incorporated in a constituency either on its own or together with part of the mainland of England, and it would then have a representative in the United Kingdom Parliament. There is an argument for the Isle of Man to be a constituency on its own, as we have just discussed for the Isle of Wight, or for the Channel Islands to be a constituency on its own, or Orkney and Shetland. I am suggesting that they should be considered by the English Boundary Commission so that Scottish constituencies are dealt with by the Scottish Boundary Commission, and the Welsh and Northern Irish by their Boundary Commissions. The English Boundary Commission should look at the overseas and home dependent territories.
Lord Dubs
I understand what my noble friend is saying but I am reading his amendment and trying to understand what the argument is. The amendment says:
“Each constituency shall be wholly in one of”—
and includes Northern Ireland. I do not see how a constituency could be other than within Northern Ireland.