Elections Bill

Debate between Lord Foulkes of Cumnock and Lord Lipsey

Lords Hansard - Part 1 & Committee stage
Thursday 10th March 2022 Lords Chamber

[Lord Lipsey (Lab)]

I do not want to take up the Committee’s time on this. Perhaps we could have an exchange of letters.

[Lord Foulkes of Cumnock (Lab Co-op)]

May I take up the point that the noble Lord, Lord Lipsey, raised earlier? We are now about to agree—or otherwise—more than 100 amendments, after 42 minutes’ debate. Those amendments are vital in Scotland and Wales, as well as in England, and will determine the future of a whole range of aspects of the electoral structure. This is not giving the matter proper consideration. Perhaps in an unguarded moment, the Minister said that he was prepared to spend all the hours necessary to consider such matters, and we need to consider this in more detail on Report. How can we do that, and look at all the aspects relating to elections in Scotland and Wales as well as in England, without just passing them through in well under an hour?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord Lipsey

Monday 7th February 2011 Lords Chamber

[Lord Foulkes of Cumnock]

No. In England, Northern Ireland and Wales, the sequence is that the AV count will follow. The sequence is the same in each part of the United Kingdom. I propose not to change the sequence but to bring further forward the AV count in Scotland, because we will have the Scottish parliamentary election count earlier. If that takes place immediately, the AV count will be brought forward. This excellent amendment has that limited advantage as well. I am most grateful to the Public Bill Office for advising me. Strong views on this are held in Scotland. I know that the noble Lord, Lord Strathclyde, who is replying to this debate, takes as much interest in the Scottish parliamentary elections as I do. I have seen him at counts in Ayrshire on occasions. Usually I am smiling and he is not, but I am sure that he will not worry about that and will give the amendment sympathetic consideration.

[Lord Lipsey]

My Lords, my Amendment 35 in this group has much the same purpose, namely to deal with the worries that have been expressed in the Scottish press and in this House about the count in Scotland. It has had the effect of flushing out some reassurance. The Electoral Commission has publicly stated that instructions to the returning officer in Scotland will be that the count on the AV referendum is not to start until 4 pm. There may still be a case for putting this in the Bill. I look forward to the Minister’s response to this short debate.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord Lipsey

Monday 24th January 2011 Lords Chamber

[Lord Lipsey]

I understand that my noble friend’s interest in amendments diminishes considerably when their focus is removed from Scotland and taken to Wales, but that was rather a pre-emptive move from him.

[Lord Foulkes of Cumnock]

I sincerely apologise to my noble friend. I thought that the Deputy Chairman said Amendment 72A.

[Lord Lipsey]

I accept my noble friend’s apologies, which have added to the gaiety at this time of night.

In this amendment, we move from Scotland to Wales, but I hope that this will not be the debate when we consider the general issues about the reduction of Welsh representation under this Bill from 40 seats down to 30 seats. That falls to be considered under Amendment 89BA, tabled by some of my noble friends, and we shall no doubt want to have a full discussion on that at the time.

This is about a single constituency, Brecon and Radnor, where I have the great privilege and pleasure of living, so I know a tiny bit about it. The aim of this amendment is very simple: to afford to Brecon and Radnor the protection offered in Clause 11 to the Scottish seats that we have just been discussing, so that the Boundary Commission may—not must—if it is satisfied that other factors make this desirable, decide that the seat is big enough as it is and should not be extended.

I do not rest my case on the fascinating political history of Brecon and Radnor. I was interested in it long before I lived there, because I visited it with the then Prime Minister Jim Callaghan in the run-up to the 1979 general election. At that time, it was one of the genuine three-way marginals in Great Britain. Indeed, it was held by Labour and Caerwyn Roderick, who was a junior Welsh Minister at the time. At the last general election, Labour’s share of the vote was 10 per cent, so I think that I can be absolved of any accusation that in trying to save Brecon and Radnor I am trying to advance my party’s interests. We have an excellent candidate, but I am not absolutely confident that even at the next general election the constituency will resume its status as a Labour marginal. It was also the site of an extraordinary by-election won by my near namesake and much lamented friend, Lord Livsey. It is right that the House remembers him when it debates this matter. I might be wrong, but I fancy that he might have spoken on my side had he been here still, as we all so wish he was.

Last week, one of my noble friends was widely quoted when he referred to prime numbers in the setting of the figure of 600 Members of the other House. When he was quoted on the radio, I think that he was regarded as making a rather jokey remark, not a serious point. I am about to venture into mathematics—knowing as I do that the noble Lord, Lord McNally, so loves it—to make a serious point, although I am aware that it may not appear quite so serious on the radio tomorrow. At first blush, it may seem that Brecon and Radnor has very few claims to be too large a constituency because it is much smaller in area than the Scottish constituencies that we have just been considering. Brecon and Radnor runs to 3,014 square kilometres, which is only one quarter of the square kilometrage of Ross et cetera—the constituency that we were just discussing. If you are a Member of Parliament, however, it is of course not the area of your constituency that determines how far you have to travel. It is, in fact—the noble Lord, Lord McNally, will be taking close notes at this point—the square root of the area, which determines the distance between the points of it.

In terms of its square root, the area of Brecon and Radnor is much less different from the area of those constituencies in Scotland. It is not a quarter of the size, as it is in area, but half. If it was a square constituency, journeys in Brecon and Radnor could extend to 55 kilometres—as opposed to 110 kilometres on average in the Highland seat that we were discussing—but, believe me, those journeys are also very long and difficult. The byroads of Brecon and Radnor compare with any in the kingdom for narrowness, snowiness and the general intervention of tractors between one’s vehicle and progress. The sheep outnumber the people, as my noble friend Lady Hayter points out, although I am not suggesting that the size of the constituency should be based on the number of its sheep as well as the number of electors.

There is also a particular difficulty if you decide to increase the size of Brecon and Radnor, as you would have to, because the size of the electorate at the moment is only about 54,000. It is that Brecon and Radnor is bordered on one side by England. We have talked about ward borders, but one thing that you cannot contravene within the rules of this Bill is national borders, so the constituency cannot move out to the east to take in Leominster or any of the county towns out there. To the south, you have the valley constituencies, which are already undersized and out of which it will be extraordinarily difficult to make natural constituencies in any case. If you pinch bits of the valleys and put them into Brecon and Radnor, you make their problems worse without creating a coherent Brecon and Radnor. As your Lordships will see, that gives only two possibilities. One is to extend to the west; the other is to extend to the north. Again, with my pronunciation difficulties I am not going to say which counties and constituencies that would mean extending into, but it gives the Boundary Commission a horribly difficult task in where it is going to find the 20,000 or so extra electors that Brecon and Radnor will need to bring it up to the same size.

What is certainly clear is that there can be no solution to those problems within the present boundaries of the county of Powys. For noble Lords who are not used to what happens in these sparsely populated areas, it is scarcely imaginable how large Powys seems, even now. My wife and I would pack the car with supplies for days to make a journey to visit the north of the county. It took me an hour and a half to get to a Labour Party meeting in the south of the county quite recently. These are enormous places, which, incidentally, create enormous difficulties for political organisations. The Brecon and Radnor constituency party is asking people to drive to meetings when they require an hour and a half or two hours’ drive to get to them, even now. Without the political parties, like them or loathe them, there would be no political life in this country. That is just a reality.

The thought of extending the constituency is difficult to stomach and the thought of the degree of the extension that would be required, given that there are no heavily populated bits anywhere near to north or west that you could add to it, is mind-boggling. This would be an absolutely enormous and unmanageable constituency. We must add to that a factor that I suspect applies in some of the Scottish constituencies, too—it certainly does in the Highlands and Islands, although not in every constituency—which is that, if you are the Member for Brecon and Radnor, every constituent expects you to know them by name, as, certainly, the late Lord Livsey did. This becomes such an unmanageable constituency that the Member, if he is to cope at all, will find it extremely hard to devote his attention to the other matters of national and international politics that should fall within the attention of Members.

I add finally that, so far as I can judge local feeling—I am not a Member of another place, so I probably do less door knocking than I would if I were—local feeling is extremely strong, if not yet as well articulated as in the Isle of Wight, that the constituency should be left as it is into the future. When noble Lords look at all these facts, the case for an exemption for Brecon and Radnor—I know that the noble Lord, Lord Hamilton, will not agree with it, but he would not agree with it for anywhere—is extremely strong. This amendment would make it possible for the Boundary Commission to make such an exemption, but that decision would rest with the Welsh Boundary Commission, so it would not be imposed by this House. If the commission found a flaw in my argument, of course I would subject myself, as would the constituency, to its judgment. I believe that the constituency should be given a chance to make its case to the Boundary Commission and I commend this amendment to the House.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord Lipsey

Monday 17th January 2011 Lords Chamber

[Lord Lipsey]

My Lords, I shall speak to Amendment 60, which is a companion amendment to that moved by the noble Lord, Lord Soley. Before I go into the substance of the argument, perhaps I could make an offer—I must say that this is without any permission from my Front Bench—to the party opposite. We will happily stop accusing you of gerrymandering if you stop accusing us of filibustering. I heard the speech of the noble Lord, Lord Soley. It was all material and to the point. If I was filibustering, I would have been extraordinarily grateful to the noble Lord, Lord Garel-Jones, who unfortunately is not still in his place—I expect he thinks that he has made his point—for prolonging the debate. Yet I was not grateful for it because it seemed to do what we all want to avoid doing: to turn this into a party political argy-bargy instead of being, as it should be, a proper scrutiny of the Bill before this House of Parliament.

In the interests of proceeding reasonably rapidly, I shall not go over again the arguments that my noble friend Lord Soley put so well for an independent look at this. My remarks are devoted more to the case for that being done by a Speaker’s Conference. A range of views have been expressed on the substantive issues of whether we should stick with 650—my conservative noble and learned friend Lord Falconer has strongly argued that case; or whether we should reduce the number—the reductionists include the noble Lord, Lord Maples, and my noble friend Lord Rooker; or should, like me, sit on the fence but say that there are arguments against a reduction. I am bound to say that I did not find the Minister’s response to the earlier debate terribly convincing on why the number should be 650. He did not say the figure was plucked out of the air because he is too shrewd an operator to do so, but it did not sound very different from being plucked out of the air to me. I am therefore taking as made the case for independent inquiry, and I will detain the House only to make the case that that should be by a Speaker’s Conference and not, for example, by a royal commission, an independent inquiry headed by a judge or whatever.

The main reason that I think it should be by a Speaker’s Conference is that this is essentially a matter for parliamentarians. I say “parliamentarians” because I should want this House to be represented on any such Speaker’s Conference. This is not because it is Members of another place who are going to be most adversely affected by what is being proposed. That is an issue—they have trade union rights, if you like—but that is not a good reason why they should be involved. The first reason that they should be involved is that they are the most knowledgeable about the issues involved. They may not all agree, but they have the experience of representing their constituents and existing in the House of Commons to weigh the arguments. There are arguments for a reduction; there is no doubt about it. It is difficult, for example, to get to speak in a debate in the Commons now. It is important that they should be weighing those arguments with the issue of which they have more knowledge than anybody else, which is whether the workload can be coped with by the average MP with the current level of staffing or even an increased level of staffing. They would bring that wisdom to bear, and we need it.

The second reason for thinking that a Speaker’s Conference is right is that however wise the verdict, if it does not attract political consensus, it will not be right and it will not necessarily stick. It is important that we achieve such a consensus, and it is important that all parties are agreed on it. A Speaker’s Conference could achieve this. The coalition should be very sympathetic to this line of argument because the figure we have came about not because either one of the two parties involved was committed to it but because they sat down together and this was the figure they came up with. Widening the consensus to embrace all parties would seem to be an argument that should appeal to the coalition. It seems to me that those are the two fundamental cases for a Speaker’s Conference.

[Lord Foulkes of Cumnock]

I wonder whether my noble friend heard me arguing earlier for some flexibility for the Boundary Commission. Would it not also be possible for the Speaker’s Conference to recommend a range so that it should be between figure x and figure y to give a little bit of flexibility to the Boundary Commission? Is that not another advantage of his proposal?

[Lord Lipsey]

That would be a possible outcome of a Speaker’s Conference. It might also decide that the way to deal with the particular problem that he is advancing is by increasing the tolerance allowed in the size of constituencies, and that is a matter to which this House will return.

In order to have a look at whether a Speaker’s Conference is the right way forward, I devoted a happy Sunday to examining the records of past Speaker’s Conferences. Funnily enough, that is not as easy a task as you might think, partly because there is no agreement on how many Speaker’s Conferences there are. I started off with British Political Facts, which is the bible on all these matters, and it said six, but I then found a speech made by Jack Straw in another place—Official Report, Commons, 12/3/98; col. 781—in which he listed two Speaker’s Conferences not listed by British Political Facts in 1908-10 and 1930. There is also the ambiguous case of the 1919 Speaker’s Conference on devolution, which was chaired by Mr Speaker Lowther, and nobody seems to be able decide whether it was a Speaker’s Conference. Let me confine myself to the six Speaker’s Conferences that everybody agrees on and the progress that they made.

There was the Speaker’s Conference on electoral reform of 1917, which is my favourite. It not only advocated extending votes to women but—prize of prizes for the Lib Dems—it recommended STV. This, alas, was subsequently voted down by seven votes in the House of Commons. There was a Speaker’s Conference on electoral reform in 1943-44, which dealt, for example, with Welsh representation. The 1944 Speaker’s Conference was notable, incidentally, for including three Peers of the realm. It set out lasting principles for redistribution and directions to the Boundary Commission, which endured well. Sixty of 71 quite controversial recommendations by the 1965-68 conference on electoral law and procedure, under Mr Speaker Hylton-Foster, were accepted.

The 1973-74 Speaker’s Conference was under Mr Speaker Selwyn Lloyd. I am sorry the noble Lord, Lord Maclennan, is not present because I believe he sat on that as an MP, as did the noble Lord, Lord Pendry. That brought about an increase in election expenses, which otherwise would not have come about, for the February 1974 election. There was the 1977-78 Speaker’s Conference, under Mr Speaker Thomas, on Northern Ireland representation. I see my noble friend Lord Radice is with us evening but the noble Lord, Lord Molyneaux, who also sat on that conference, is not present. That managed to solve the question of increased representation for Northern Ireland, although not everyone got everything they hoped for out of that. Then there was Gordon Brown’s Speaker’s Conference on electoral turnout and women and ethnic minorities in Parliament. It is not a flawless record but it is a considerable one, covering some of the most difficult problems that have faced this country’s constitution.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord Lipsey

Monday 10th January 2011 Lords Chamber

[Lord Lipsey]

The nearest that any noble Lord comes to being economical with the truth is when they stand up and say they are going to be brief. Let me try, for once, to ignore that rule and be brief.

First, we all agree that we need a better electoral register—that is common ground. Secondly, and slightly less obviously, the accuracy of the electoral register matters far more under the system that the Government are proposing for constituency boundary drawing than it does at the moment. The Boundary Commission now has reasonably wide discretion. If there is an extra elector here, the commission can make an adjustment there. It cannot do that under the Bill. If there is one voter more than the 5 per cent threshold, all the boundaries of that seat, and in consequence the boundaries of all the surrounding seats, need to be redrawn. An upheaval can rest on whether a single voter is registered.

I have a third point, and given that we are at Committee stage, perhaps we are allowed to inject new ideas into the debate. I can see why the Government are reluctant to go along with the excellent amendment moved by my noble and learned friend, because they think that it will delay the process. However, there is an alternative. Instead of the Boundary Commission trying to equalise the actual number of registered electors, it should try to equalise something different: notional registered electors—that is, the electorate as it would be if there was 100 per cent registration everywhere. That is perfectly achievable.

[Lord Foulkes of Cumnock]

That is exactly what my Amendment 89C proposes. The easiest solution would be for the three wise men on the Front Bench opposite to agree now to accept that amendment later when I move it.

[Lord Lipsey]

The noble Lord has led me to be even briefer, because I was about to refer to his Amendment 89C and to a similar amendment that I myself proposed. It is quite easy statistically to equalise notional electorates. It depends on, for example, the proportion of rented tenure in the given constituency. Perfectly good equations can be developed that pretty accurately project the notional electorate from the actual electorate. Equalise those within whatever limit the House may decide and you have a much more sensible approach than that which is in the current draft of the Bill.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord Lipsey

Monday 20th December 2010 Lords Chamber

[Lord Foulkes of Cumnock]

Waldorf and Statler, my noble friend says. I should say that they are distinguished ex-Chancellors of the Exchequer. As they have been around a great deal longer than I have, they will recall—I saw this when we were in opposition in the House of Commons, even when Margaret Thatcher was Prime Minister, and I saw it again when Labour was in power and Tony Blair was Prime Minister—that, as one of my noble friends said earlier, when we went through these kinds of debates in Committee, week in, week out, the Minister would say, “That’s a very good point; I’ll take that away and look at it and come back on Report”. On this Bill, we have had one occasion when the noble Lord, Lord McNally, has said that—one miserable occasion. Even then, he did not say that he agreed; he said that he would take it back and have a look at it without any guarantee, sympathy or consideration.

I think that we could make even better progress through the Bill if, day after day and week after week, the Minister were to say, “That’s a good point. The noble and learned Lord, Lord Falconer, has made a good point on this”, or, “The noble Lord, Lord Campbell-Savours, has made an excellent point on that; I’ll take it away and look at it and see what can be done about it”. So far, though, one such response in six sessions is a very low batting average. It makes the English cricket team look good in comparison. I hope that the noble and learned Lord, Lord Wallace, whom I have known for a very long time, will recognise the validity of the argument that if you are to have a fair election and fair boundaries, you need to ensure that everyone over the age of 18 is taken account of in drawing up those boundaries.

[Lord Lipsey]

My Lords, what a good point my noble friend has just made; I am sure that we shall all take it into account. What a good contribution, too, from my noble and learned friend Lord Falconer, and what an interesting intervention from the noble Lord, Lord Rennard. It is that last to which I want particularly to address my remarks. The noble Lord made a point that was completely impossible to dispute: in the past, constituency boundaries have been based on registers, registers by and large have been getting better—at least, we have worked on getting them better; we do not ever have a completely firm idea of how many people are not registered—and the Bill is therefore soundly based.

That, however, is not reality. The reality is that with the Bill, for the first time, we are treating electorates as part of a rigid mathematical formula—5.1 per cent over, you have to be cut down; 5 per cent under, you have to cut back. There is a strict limit of 5 per cent within which the Electoral Commission has to work, and some good examples of the effects of that have been brought before noble Lords by outside advisers. But what we are trying to equalise is not some actual number, a number in reality—it is an extremely approximate guess at the number of electors. Yes, it is the number of people who appear on a list, but we have no idea how that relates in each individual constituency to the number of people who actually should be on that list.

I can guarantee that, under the provisions of the Bill, some seats will have bits cut off them because they are thought to be over the 5 per cent limit whereas in fact they are not; they will be well within the limit, but they will have a very high registration number. More importantly, you will have other seats which are having bits added into them. They have got a perfectly normal number of people living there but an inadequacy in the register means that they are not all counted. This is perfectly all right under the existing way in which the Electoral Commission works. It works in a way where size is only one of the factors it takes into account. It adjusts for such matters as natural boundaries, geography, local authority boundaries and so on, and it comes by and large to the most sensible view on the most sensible set of facts that are available to it. That does not work for a rigid mathematical formula of this kind.

Half of the solution to this should be to be less rigid about mathematical formulae, both in terms of allowing a greater flexibility around the size allowed to constituencies and by giving a greater weight to the other factors which the Electoral Commission can take into account when deciding the boundaries of a particular seat. We will come later to amendments which are designed to do both those things.

While this provision of 5 per cent remains, however, at least we have to make sure we are doing the best job we can with the electoral register, a job which is now vastly more important because of its vast mathematical significance in the scheme of things laid out by the Bill.

--- Later in debate ---

[Lord Lipsey]

It depends on the circumstances in the particular constituency. In my own constituency of Brecon and Radnor, there are very real choices to be made, due to the fact that the Labour candidate, alas, is not a front-running candidate in that seat. That is a choice that I hope to avoid having to make when AV has come into being and I can put my first preference first and then my other preferences in their order without any danger of defeating my preferred second choice by voting for my preferred first choice.

I was going on to say that I think the complexity of the Rooker system and the sheer difficulty of explaining it counts very heavily against it. I do not take the view that voters need to understand absolutely everything about voting systems in order to cast their vote, any more than, when I get into my car and turn the key, I require to know all about how the engine works before I drive off. I need to know certain things, such as how to steer, but I do not need to know how the engine works. There are degrees of complexity and, frankly, the Rooker system would be simply impossible to explain. I do not think many people would buy the explanation that was being given. I am sure my noble friend did not have this even in the back of his mind, but one is tempted to think that a complication of this kind is a well-designed sabotage bomb to make sure that the referendum on AV is lost. Therefore, I cannot support the amendment and hope that the House will not support it tonight.

[Lord Foulkes of Cumnock]

One of the advantages of the Leader of the House effectively throwing the Companion to the Standing Orders out of the window is that we have this extra time to contemplate voting systems. My understanding has always been that you think what outcome you would prefer and then choose a voting system to get that outcome. That is why the Liberals have always campaigned and pushed for PR and the single transferable vote, because they want to have more power and influence.

While my colleagues have been talking about the theory, I have been looking at what might happen in practice if we had an election for the leader of the group of Labour Peers on this side of the House. There are five candidates, Campbell-Savours, Falconer, Foulkes, McAvoy, and Rooker. Those were the only five candidates put forward. Alphabetically, Campbell-Savours is number one, Falconer is number two, Foulkes number three, McAvoy number four and Rooker number five. There are 40 electors. Some of them are not here tonight. They are around somewhere and will come in if necessary. If we were to carry out this election under first past the post, the result might be Campbell-Savours 10, Falconer nine, Foulkes eight, McAvoy seven and Rooker six. In that case, Campbell-Savours would be elected and would be our leader. That is the system that we all know. Campbell-Savours would be welcome and we would accept him as our leader and worship him and follow his every lead. He would carry out that leadership with his usual kindness, wisdom and grace.

However, we could have accepted one form of the alternative vote, which from my recollection of what my noble friends Lord Campbell-Savours and Lord Rooker said in previous speeches, is the Australian federal system in which everyone has to vote one, two, three, four, five. Then we might get this result: 10, nine, eight, seven, six on the first vote. Then Rooker is eliminated and all of his votes would naturally go to Falconer. Noble Lords have seen that in the debates that have taken place. Falconer would now be leading with 15 votes. Campbell-Savours would have 10, Foulkes would have 8 and McAvoy would have seven.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord Lipsey

Monday 15th November 2010 Lords Chamber

[Lord Foulkes of Cumnock]

Perhaps my noble friend will give way. One of his arguments is that first past the post creates rotten boroughs. Would he tell us what happened to the Tory rotten boroughs of Stirling, Dumfries, Eastwood and South Edinburgh in Scotland? Are they still Tory rotten boroughs?

[Lord Lipsey]

My Lords, over a very long period of time, of course, political geography changes; but, in each contest, most MPs contest boroughs that I would not call rotten, but in which they can reckon themselves to be wholly safe. That is why so many MPs do not reach out as widely as they should, and as we would desire them to, to get the support of a wide section of the electorate.

I was about to say, when we took a slight diversion into Scottish local politics, that AV may indeed make it more likely that there will be majority Governments in future, because AV tends to be good for parties that are making ground and advancing. Anyone who can predict that first past the post will deliver more majority Governments than AV simply has not done the electoral arithmetic.

I would not expect AV to be popular in this House. Among those who benefited from first past the post in the House of Commons, there is a great affection for that system, though I accept that the noble Lord, Lord Grocott, lost some elections as well as won some. However, I am confident that when the arguments are put fully before the British people in the referendum that is to come, voters will opt for a system that gives them more choice and more power.