Scotland Act 1998 (Modification of Schedule 5) Order 2014

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Wednesday 7th May 2014 Grand Committee

[Lord Foulkes of Cumnock (Lab)]

My Lords, I join in the thanks and appreciation to the Minister for the excellent way in which he introduced this order today. He always does this; we are not surprised in any way when he does it so expertly and we are really grateful to him. I wanted to raise two points. I am afraid that I do not have the detailed knowledge of food and agriculture possessed by my noble friend the Duke of Montrose, so my points are more technical.

First, I have a general point. I am increasingly concerned that this Parliament is seen by some people as merely a rubber stamp for the Government and that all the Government need to do is to bring something before both Houses in this Parliament and it will be agreed on the nod. Too many things are going through on the nod. I sit in the Chamber and think, “Why are we agreeing to this? Why are we not discussing it? Why are we not debating it?”. Do we not have the time? Yes, we do. We have been in recess for four weeks. We could have been discussing and debating issue after issue, point after point. Of course the Government like to get things through on the nod, but that is not part of democracy. We can see democracy being challenged elsewhere in the world, so we should be upholding it and making sure that Parliament’s role is appreciated. Every issue, however detailed it is, deserves proper consideration by both Houses of this Parliament.

Like other noble Lords, I go around the country as part of the Lord Speaker’s excellent Peers in Schools initiative to spread the word in schools about the House of Lords and its role, and I find it very useful. I talk about the three roles of the House of Lords: legislation, challenging the Executive, and holding debates. But I must say that more and more I feel like a fraud when arguing that case if the House has not sat for four weeks. It now looks as if we will not be sitting for another three weeks in the run-up to the Queen’s Speech. It is quite wrong that Parliament should meet so infrequently in order to challenge the Executive. That was the first point I wanted to make. I am sure that it is not something the Minister and his officials will have anticipated, or if they have, they have been very clever and deserve degrees in clairvoyance, if nothing else.

My second point relates to the devolution settlement. The Minister said that this order shows that the devolution settlement is working in a practical way. Perhaps I can say that I agree with him absolutely, and it is what we should be shouting from the rooftops: devolution is working. It has provided an opportunity for Scotland to make decisions about its own affairs on all the matters that affect Scotland in particular, and it is working really well. The traditions of Scotland and its legal system, on which the Minister is one of the experts, have managed to continue for over 300 years in spite of the existence of the United Kingdom and the Treaty of Union. If anyone is worried that I am straying from the subject before the Committee—my noble friend Lord Rosser has just a slight inclination that I might be doing so—this will bring me back. The Minister mentioned European Union food safety laws. Let us imagine the problems that would arise on a whole range of things if Scotland was to become a separate country from the rest of the United Kingdom. It would raise all sorts of questions about the transfer of foodstuffs across the border. It is just one of not hundreds, but thousands, of issues where greater problems would be created if Scotland was to be a separate country.

While not wanting to put words in his mouth, I hope the Minister will agree that the devolution settlement is flexible and working well. Almost every time the Grand Committee meets, there seems to be some kind of order relating to Scotland to be considered, tweaked and improved so as to get devolution working even better. This shows that the devolution settlement is flexible, workable and practical, and that it can and will be improved as long as Scotland remains part of the United Kingdom.

[Lord McAvoy (Lab)]

My Lords, as usual it is a pleasure to try to follow my noble friend Lord Foulkes and we shall see how I get on with that. I should like to place on the record my sincere appreciation for the Minister and his team on the usual high-quality briefing and willingness to discuss matters. As it happens, the briefing was so good that it did not require any further meetings.

It is interesting that the noble Earl, Lord Mar and Kellie, mentioned how this is working but was not as fulsome as my noble friend Lord Foulkes in paying tribute to the devolution settlement as actually being good enough to work in the current atmosphere. It is interesting as well that objections are coming from the Scottish National Party about the fact that Westminster deals with issues such as this and brings forward statutory instruments to put into effect sensible and common-sense measures, but the main reason that this order has been brought forward is a ruling from the European Union. It is funny how the SNP objects to Westminster but does not object to the European Union, although some of us have always had reservations about the amount of regulations coming from Europe.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Tuesday 1st February 2011 Lords Chamber

[Lord Foulkes of Cumnock]

I find that a very helpful reply. The Minister has explained and answered the points raised very well. We could have altered the hours for all the elections as well as the referendum if we had had more time but we are rushed in this and must do everything by 5 May. That is part of the problem. However, given that we cannot change the time for elections, it would be right—

[Lord McAvoy]

I accept what my noble friend says about the Minister’s reply, but is there some way, through the amendment, the schedule or elsewhere, to initiate a pilot project somewhere, or at some point in another election? That would test those hours. I am particularly interested in Amendment 112C. Could we look at the possibility of some kind of pilot in an election in a selected area to see if it made any difference?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Monday 31st January 2011 Lords Chamber

[Lord McAvoy]

That is absolutely right, but that is the difference between a party that aspires to power and a party that aspires to nothing but opposition.

[Lord Foulkes of Cumnock]

My Lords, I am pleased to follow my noble friend Lord McAvoy and to confirm what he said, namely that it is the custom for government Whips in the House of Commons not to speak. That has been the case with both Conservative and Labour Governments. I also add that what he did not say in the Chamber, he made up for outwith the Chamber, to keep his friends and colleagues on the straight and narrow very effectively.

I will raise a completely new matter. I make no apology for that, except to the Minister for not alerting him, because I did not know that there would be an opportunity today to raise this. I doubt if officials have cottoned on to this, unless they are really top-notch. The matter was raised yesterday in Scotland on Sunday. The Minister may have picked it up, because he lives in Scotland, as I do, and may have seen the paper. The matter was picked up today by the dailies and I alerted my Front Bench to it earlier. It is a new and genuine worry about having the election and the referendum on the same day. It was raised not by me but by the association of returning officers in Scotland, which said that it would be impossible to do the count for the Scottish Parliament elections on Thursday evening and make the announcement on Friday morning—as was the case in the past—because of the complications arising from having two elections together and the possibility of making mistakes in the middle of the night. We know the difficulties that arise when one has to work through the night.

It is a genuine worry of all parties in Scotland—certainly of the Labour Party and of the SNP Government, and I understand that at least some Conservatives and Liberal Democrats have expressed concern—that this will mean that on Friday morning there will be total confusion about the outcome of the election, because it will take some time to go through the count on Thursday night and Friday, and probably the result of the Scottish election will not be known until Saturday or Sunday. That will create tremendous problems—with the additional member system that we have, when constituencies are counted before additional members—for parties to know which of them will be in power, for there to be discussions between them about possible arrangements or for the largest party to decide to go ahead. It will create tremendous problems.

I will not blame the Minister if he has no immediate response to this, because the matter has just come up recently and I only became aware of it on Sunday. It would be helpful for all of us if he would look at that, take it away and ask officials—particularly officials in Scotland and in the Scotland Office, in discussion with the Scottish Executive—what the problems are and whether there is any way that they might be ameliorated.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Tuesday 25th January 2011 Lords Chamber

[Lord Foulkes of Cumnock]

My Lords, that was a very full reply. I am learning that, if I speak briefly, listen to the noble Lord, Lord Tyler, and do not listen to my noble friend Lord McAvoy, I make progress. In light of that, I will not say any more, but, if I bring the amendment back again, I will bring it back in the form suggested most helpfully by the noble Lord, Lord Tyler, in his contribution.

[Lord McAvoy]

Before my noble friend sits down—

[Lord McAvoy]

Is this more intimidation? Will my noble friend take the advice of the noble Lord, Lord Strathclyde, and ask the noble Lord, Lord Tyler, to act as his diary secretary?

[Lord Foulkes of Cumnock]

I am grateful to my noble friend, but on the basis of previous advice, I beg leave to withdraw my amendment.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Monday 24th January 2011 Lords Chamber

[Lord Foulkes of Cumnock]

Actually, quite a lot of them, because we still have a very good education system in Scotland, at a very high level. We have provided explorers, inventors, and leaders, not just for the United Kingdom but for the Commonwealth and around the world. The first Labour Prime Minister anywhere was in Australia and he was a Scotsman—indeed, he was an Ayrshire man, even better.

Nevertheless, the noble Lord’s point is absolutely right. It is a very complicated system, not just for the Scottish voter, who can understand it, but for the administration. That is why anything that can be done by the Government to simplify the arrangements instead of making them even more complicated would be good. As I was saying in mitigation, I do not blame Conservative or Tory-led coalition Governments for bringing in all these schemes. Far from it—Labour Governments brought them in, and I think it is unfortunate that we have ended up with such a complicated system. That is why I argue the case for Amendment 74B. I hope that some of my colleagues will elaborate on that at a later stage.

The other amendment that I want to talk to at a little greater length is Amendment 74A. I think that, with no disrespect to my other amendments, it is one of the most important, if not the most important, amendments that I have tabled. As I mentioned on an earlier amendment, page 10 sets out that a Boundary Commission may—one of the amendments suggested “must” should replace “may”—

“take into account, if and to such an extent as they think fit … special geographical considerations, including in particular the size, shape and accessibility of a constituency”.

My amendment is probably not the most elegant, but I think it is a key amendment. It adds “the wealth of a constituency”. That is probably not the best word to use. It could have been “deprivation” or “poverty” in contrast to wealth. The Minister, with all his advisers, will correct me if I am wrong, but my recollection is that way back in the early 1970s when the Boundary Commissions were looking at boundary reviews, a similar factor was included for their consideration. I seem to remember going to boundary hearings—which we still have, unless this Bill becomes an Act—and as well as arguing the physical boundaries, arguing the case for the relative poverty and deprivation in an area. I think that should be included.

The noble Lord, Lord McNally, who generously gave way to me for an intervention in his reply on the previous debate, was arguing very convincingly a conclusion that he did not come to. It was that lots of constituencies have particular problems. In rural Scotland, the problem is sparsity. It is an astonishing fact that Scotland represents one-third of the land area of the United Kingdom and the highlands of Scotland represent one-fifth. That is a very strong argument for what my noble friend Lord Stevenson and others were arguing earlier on about the importance of sparsity.

Equally, the noble Lord, Lord McNally, said that others from inner-city areas were arguing the particular problems of inner cities and deprivation. That is absolutely true. This side has been arguing that. They are not conflicting arguments, they are complementary, and they are arguments for not reducing the total number of constituencies. We have been deploying them because some areas have inexplicably been taken out to be made special cases, whether Orkney and Shetland or the figures that we discussed earlier that give special status to Ross, Skye and Lochaber. I think we need specifically to include something in relation to deprivation.

Scottish Government findings have shown that in 2008-09, 34 per cent of individuals in deprived areas were in relative poverty, before housing costs, but in the rest of Scotland, that figure was 14 per cent, which is a huge difference. That means extra problems of benefits and housing that Members of Parliament have to deal with. I know when I was a Member of Parliament, housing and benefits were the top issues that I had to deal with. That was in a relatively deprived former mining area.

[Lord McAvoy]

My noble friend makes a fascinating point about the sparseness of population in the rural constituencies in Scotland. Is he aware that the Act of Union in 1707 gave Scotland 45 seats in the new 558-seat Parliament and 16 elected Peers in your Lordships’ House? Of those 45 seats in the House of Commons, 30 represented the 33 Scottish counties. Twenty-seven counties were given a single seat and three pairs of smaller counties alternated with one another in electing a Member. This reflected the situation that the counties had in the Scottish Parliament by 1707, although in 1690—not a particularly good year in many ways—a redistribution Act was passed that increased the number of commissioners returning to the Scottish Parliament. Even in those days, the system was selective and took into account all sorts of circumstances.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Monday 24th January 2011 Lords Chamber

[Lord Foulkes of Cumnock]

Can my noble friend remind me about the boundaries of the Scottish Parliamentary constituency represented by James Kelly, and about the former boundaries of Rutherglen? My recollection is that the situation is similar to what happened in Ayrshire and Edinburgh, whereby the boundaries are now not the same, and there are a number of problems; MSPs have to deal with a number of MPs, and MPs have to deal with a number of MSPs.

[Lord McAvoy]

I thank my noble friend, because that is the next item on my little list. Again, Labour has given in too much to Liberal machinations and fascinations about systems. Last week, I mentioned that we kept on being told that the Scotland Act was supposed to be the settled will of the Scottish people. The Scotland Act stated that the number of Westminster constituencies should be reduced and that the number of Scottish parliamentary constituencies should be reduced in tandem. That did not happen, thanks mainly, but not entirely, to Liberal pressure. Now the Westminster constituency boundaries are not coterminous, and I notice the Minister expressing satisfaction at that for, I am sure, purely party interests. He is motivated to do that.

There has been a disjointed effort to try to cope with that in terms of party organisation. Rutherglen and Hamilton West now has the entire Rutherglen Scottish parliamentary constituency within it, although the people of west Hamilton feel that they are being just moved about as part of a block which seems to be favoured by the Minister. The people of west Hamilton have been shunted away from the Westminster constituency boundary, and into the boundary of Tom McCabe’s Scottish parliamentary constituency. James Kelly is getting down to work very well in what is to him a new place, High Blantyre.

I know this has been said before, and I apologise to anyone who thinks I am being repetitive. I am certainly not filibustering. I can assure colleagues of that. I am not thin-skinned and sensitive, but I would not get away with it. It is surely frustrating—annoying is too strong a word—to be told that you are filibustering when you are trying to get across the concerns of your constituency. At the end of the day, if any legislative Assembly does not take people into account or listen to them, we are all in a bad way. I make no apology for expressing my concerns about how this issue will affect my community, because I was born and brought up in Rutherglen, where I have lived all my life.

This continual five-year change in boundaries will be chaotic, if it goes ahead. In my experience in the other place, all political parties showed great faith in the link between the Member of Parliament and the constituency. There is a terrific bond. I do not say that to be elitist to colleagues on all sides of the House who have never been in the other place. Nevertheless, that bond will be broken. I return to the absolutely brilliant phrase of the noble Lord, Lord Forsyth of Drumlean, who said there will be just blocks on a map.

Chaos will be caused to the political parties, and that will be reflected in issues such as how best to represent people. I used to have people come to me from the other side; and, vice versa, Jimmy Hood had people coming to him from my side in Hamilton. The situation was particularly bad in Hamilton, because it was a town split in two, just to make up numbers. That is an example of a town of which I have a fair knowledge being split down the middle just to fit the numbers—end of story. That is surely wrong, and I cannot believe that every noble Lord on the other side of the House, or our colleagues on the Cross Benches, thinks that it is good not to take account of communities—especially given that this will happen every five years. At the end of the day, this is not simply about party mechanics and organisation to suit the politicians. It is about whether the proposals make the political structures and organisations fit enough to represent the people, stop the confusion and be a useful part of a democratic process in this country.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Monday 20th December 2010 Lords Chamber

[Lord Foulkes of Cumnock]

My Lords, I support my noble and learned friend Lord Falconer on the basis that, if the boundaries are to be reviewed, the numbers should be as accurate as possible. First, however, I did not agree with what my own Government did in relation to changing the arrangements for registering for elections. I thought the head of the household system was far better than individual registration, and far more likely to ensure that more people were registered. I am worried about the effect that it will have when we move on to individual registration. I think that 17 or 18 year-olds are less likely to fill in forms, whereas the head of the household could ensure that all of the people of voting age were registered. I think it is a pity that we have moved in that direction.

However, the introduction of the rolling register, as the noble Lord, Lord Rennard, said, has significantly improved the situation. More and more people are registering now instead of having to wait for one particular date to register. That has been a great improvement.

My noble and learned friend Lord Falconer said that the numbers could be more accurate if an effort was made—I want to come to that point—to make sure that people are registered. He mentioned that two of the areas in which there was the lowest registration were Lambeth and Glasgow—he mentioned Glasgow in particular. I draw to the attention of the House what happened in Glasgow over the few months up to the end of November. Because the problems of under-registration were causing concern to MPs in Glasgow, they asked the leader of the council, Councillor Gordon Matheson, to carry out an exercise of going around the city to see if people were not registered who ought to be. During the course of just a few months, nearly 36,000 extra voters were registered. That is an astonishing number. If that was carried out in every constituency, in every city, and in every county, then we would get a much more accurate picture of those people who are not now registered and who ought to be.

I have raised this in the context of other areas, and I have been told that it is too late now to get registered if the timetable in this Bill is adhered to. I would be grateful if the Minister could confirm whether that is the case and whether we could ask each council to undertake the kind of exercise that was carried out in Glasgow.

If it is too late, then we need to consider alternatives, but if it is not, we should be getting MPs to encourage councils to carry out this kind of exercise. Before my noble friend Lord Rooker raised it, I, too, had written down the question of the census. That is another opportunity to gather a more accurate picture of those who are eligible to vote. It would be helpful if, in his reply, the Minister would indicate whether it is possible to get the census enumerators, as they go around, to ask an additional question, about registration —the names of the people in the household over 18 or those who will attain the age of 18 by a particular date. They could hand forms out when they are going around, or leaflets. That is my order of preference—to get them registered and take a note of it, then to give them a form and, failing that, to give them a leaflet. That would help.

I do not want to hold back the House unduly regarding this, but one of the things that has been noticed, and this has been said by some other colleagues in previous debates, is that it is funny seeing the two former Chancellors on the Benches opposite. It is a bit like the characters in the gallery on “The Muppets”, sitting there commenting on events.

[Lord McAvoy]

Waldorf and Statler.

[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.

--- Later in debate ---

[Lord Foulkes of Cumnock]

I support my noble friend Lord Lipsey. The elegant speech by the noble Lord, Lord Hamilton, was a powerful argument in favour of the amendment. I was not convinced by the interventions of the noble Lord, Lord Rooker, and of some people who from a sedentary position said that the amendment in the name of the noble Lord, Lord Lipsey, is unnecessary. At all the counts that I have been to, where an X was not used—perhaps a 1, a tick or a signature was used—the votes are counted as doubtful. The candidates and the agents gather round as the returning officer goes through the count of the doubtful votes saying, “Yes, that is accepted” or “No, that is rejected”, and so on. Does that sound familiar to those others who have been candidates? It was certainly my experience.

The noble Lord, Lord Lipsey, is making it absolutely clear that if in this election an X is put on the ballot paper, it should count. It is then beyond peradventure or doubt. It is a clear indication of preference. I might have suggested some other indications of preference, such as a tick or some other indication that the candidate who has the mark next to their name—it could be a cross, a tick or another positive mark, as well as a 1—is the person chosen. I have the greatest admiration for my noble friend Lord Campbell-Savours. He and I have been friends since we were elected together all those years ago and we have worked closely together. I say to him that I do not think it would be the Liberal Democrats but the Tories and us who would go around saying, “Put an X next to our man”, or, as an old friend of mine used to say, “Just put a kiss next to the guy you like”. That is a little old fashioned, although I see the noble Baroness, Lady D’Souza, likes the thought of it, which gives me some encouragement. I would certainly support it. This reminds me of the old story about people who would come in and sign an X when you said, “Would you sign here?”. I knew someone who put two Xs. I said, “Wait a minute. What’s the second X for?”. He said, “Oh, that’s my PhD”.

[Lord McAvoy]

I rise briefly to support my noble friend’s amendment. X has been around for a long time—not just in current elections or the past century’s elections. The amendment means that if we allowed people to put an X and everyone knew that, the various people who put ticks, 1s, kisses, sweethearts and all that sort of thing would then know that putting an X is a recognised way of voting. My noble friend is absolutely right about people not being able to read and write. I have my grandfather’s wedding certificate—or his wedding lines, as they are called in Scotland. It says, “Bernard McAvoy: his mark here”. The mark is an X. If it was good enough for him, it will be good enough for me and my noble friend.

--- Later in debate ---

[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.

[Lord McAvoy]

Does my noble friend realise that he is starting to give me a bigger headache than my noble friend Lord Rooker?

[Lord Foulkes of Cumnock]

It will all become clear.

McAvoy is now eliminated. His seven votes are distributed. Four go to Falconer and three go to Foulkes because he cannot quite make up his mind. He is hedging his bets and sees the way the wind is blowing. That leaves 10 to Campbell-Savours—he has not attracted any more votes—19 to Falconer and 11 to Foulkes. But supporters of Campbell-Savours, who is a Foulkes fan, give all their votes to Foulkes, who gets 21 and Falconer only 19. The person who was the third preference is elected. That is the sort of thing that can happen with the alternative vote, as my noble friend Lord Rooker has pointed out on previous occasions.

So my noble friend Lord Rooker has come up with the most imaginative suggestion. It may be complicated for the counters, as the noble Lord, Lord Lamont, said. We do not need to worry about the counters, because that will all be done electronically—and we all know how efficient computer systems are at producing election results. Go back to the Scottish elections of 2007 and you will know how really efficient they are. So we do not have to worry about that. We do not really have to worry about having to explain it to the electorate, because they will just vote in the same way—one, two, three, four, five. It is a much more logical system. I agree with my noble friends who have supported my noble friend Lord Rooker—your second preference should not have the same weight as your first preference, and your fourth or fifth preference should certainly not have the same weight as the first preference. On the basis of the amendment proposed by my noble friend Lord Rooker, he would certainly never get elected on my five choices. I have not had the time yet to work out who would get elected on the amendment proposed by my noble friend Lord Rooker, but later on—today or tomorrow—I shall be able to give noble Lords the outcome in relation to that.

I do not think that we need to worry about how complicated it is for the counters—

[Lord McAvoy]

I do not want to sound like an intellectual anorak, although I am probably not in any danger of that, but it does not gel with me when people say that the electorate do not need to know. Surely there is an intellectual and principled basis that the public should own, have knowledge of and fully understand all aspects of any system that elects a political representative.

[Lord Foulkes of Cumnock]

Absolutely. That is why I do not support this system. The reason I support the amendment is because it makes the alternative vote system look so ridiculous that we come back to first past the post.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Monday 20th December 2010 Lords Chamber

[Lord McAvoy]

My Lords, I shall be even more brief than my noble friend who has just spoken. I shall not be bullied or harassed by the tetchiness shown by the noble and learned Lord, Lord Wallace of Tankerness. I specifically put on the record a refutation of the view put forward by the noble Lord, Lord Deben. I remember very clearly the noble Lord when he and I were Members in another place. My summary of the situation was that, when the Conservative Opposition wished to delay or prolong debate, he seemed to be wheeled on to speak at great length. To give him credit for consistency, he has always managed to speak with self-assurance and self-confidence and with an air of always being right. That is very impressive.

[Lord Foulkes of Cumnock]

Perhaps I may inform my noble friend that, having heard the son of the noble Lord, Lord Deben, in the House of Commons, it is clear that there is an hereditary factor there.

[Lord McAvoy]

Surely not. That could not possibly be the case on the other side of the Chamber. I shall get to my point. One evening last week, I spoke on this very important Bill for two periods of about two minutes each and then for a third time for about five or six minutes, making 10 minutes in total, so I do not think that I can be accused of filibustering and so on. I was involved as much as anybody and the only House of Commons attitude that I see in this House is a capacity of Governments of both kinds, Labour and Conservative—because it is an elected House and that is fair enough—to ram Bills through with strict timetables and so on. Here, the Government are trying to ram through an important constitutional change without any regard to the views that are put forward, and they are getting very annoyed because people want to make and answer points. If they do not answer them, they will be on record as never having answered. I genuinely do not believe that there is any filibustering going on here. If the noble Lord had been here more often, he would have heard the wide range of different views on this side of the Chamber on these very matters. Therefore, he should be a bit fairer about this.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Monday 13th December 2010 Lords Chamber

[Lord McAvoy]

My noble friend is advocating that European Union citizens who are resident here should vote in referendums in the United Kingdom. Can he tell me of any reciprocal arrangements where UK citizens can vote in any referendum being held in another EU country?

[Lord Foulkes of Cumnock]

Yes, I can. Ireland is a good example of a country in the European Union.

[Lord Foulkes of Cumnock]

Indeed, but that is just one example; I was asked for only one example and I gave it to my noble friend. I knew what he was getting at but I was not going to fall into that trap. Maybe he would like to come back.

[Lord McAvoy]

Can my noble friend name two EU countries that allow UK citizens to vote in their referendums?

[Lord Foulkes of Cumnock]

I would need notice of that question.

I understand the import of what my noble friend says, but this has to start somewhere. We are a pioneering country—why should we not start with this? Okay, it is a pro-European kind of amendment, and I know that not all my noble friends are as enthusiastic about the European Union as I am, but it is a good way to start.

The mother of two of my grandchildren is French; I must declare an interest in relation to that. She has now moved to Scotland. To all intents and purposes she is a citizen of Scotland and the UK, although she retains her French citizenship. There must be so many people like that. Think of the Poles who came over. Some of them fought for us in the Second World War—there are not many of them left—but some are still not British citizens. There are other Poles who have come over and, while some have gone back, some of them have now made their homes in the United Kingdom. Some came over to work in the mines in Ayrshire and in other parts of the United Kingdom. Some have retained their citizenship of other European countries but, to all intents and purposes, they are now as much United Kingdom citizens as the rest of us. They are paying all their taxes, so should they not vote? There is a strong argument there, as well as the practical arguments about conflating the franchise.

My noble friend Lord Rooker described his earlier amendment as a “lifeboat”. We provided that lifeboat for the coalition. The coalition has not jumped on to that lifeboat yet but it is waiting, bobbing alongside the coalition liner, ready to provide some help if 5 May proves difficult. This amendment is not so much a lifeboat as a lifebelt for my noble friend—he is still my noble friend—Lord McNally. If he wishes to take it, he can make life a lot easier for the polling officers. He can go back to his colleagues in the other place and say, “We’ve improved the Bill in this way. We’ve made it easier for people to vote. We’ve made it less cumbersome and less confusing. That’s one argument that that fellow Foulkes can no longer keep on pursuing”. I hope that the Minister will see this as a lifebelt and grasp it with both hands.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Monday 13th December 2010 Lords Chamber

[Lord McAvoy]

On the question of practicality and following what the noble Lord, Lord Phillips of Sudbury, said, will my noble friend say what kind of canvassing technique he would use?

[Lord Foulkes of Cumnock]

Of course we can ensure that those in prison get all the available literature. Somebody said to me—I give them the credit—that we would be more likely to get the votes of people who were in there for assault; the Tories would get the tax dodgers; and the Liberal Democrats would get those in for perjury. That is absolutely the last thing that I would suggest. Heaven forbid.

There were some strong arguments in favour of the amendment. The noble and learned Lord, Lord Lloyd, did not say that he was only half in favour; he said that he was wholly in favour. A number of people have come round, even reluctantly, to say that they are in favour of it. However, the noble Lord, Lord McNally, pleaded with me. He got on his knees and asked whether, for the benefit of the House, and to enable the Government to introduce legislation—I hope soon—to cover the referendum and/or elections, I would withdraw the amendment. Because of the eloquence of his plea, I beg leave to withdraw the amendment.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord McAvoy

Monday 6th December 2010 Lords Chamber

[Lord Foulkes of Cumnock]

I am grateful for that endorsement and argument. My noble friend is a very powerful debater. He has made a good point. It is not all negative, but let me tell you some of the negative points. When we had a coalition with the Liberal Democrats, we were forced to concede STV for local government—I will come to that in a moment. Now we suffer from a minority SNP Government who have only one more seat than the Labour Party. They are so paralysed that they are unable to put any of their legislation through Parliament. That is why I said to my noble friend Lord Howarth that he should come up and see the stalemate that exists when we are not getting legislation properly dealt with.

I raised once before the system of Members retiring in the Scottish Parliament. If I were to retire tomorrow—and some people might like me to—the person who was second in the list would take over automatically without any election at all, with the people having no say whatever. Since my noble friend Lord McConnell represents a constituency—Motherwell and Wishaw—if he were to retire tomorrow, there would be a by-election and the people would have a say. However, if Margo MacDonald—who stood as an independent—were to retire tomorrow, there would be no filling of the vacancy whatever. I say to my noble friend Lord Rooker—a good friend—that this is just one of the many anomalies of the system that we have in the Scottish Parliament.

We ended up with STV. We had the European election system, the Scottish Parliament AMS system and the single transferrable vote in local government. Chaos has led to no overall control in so many authorities.

[Lord McAvoy]

I thank the noble Lord for giving way. Is it not the case that the noble Lord, Lord Steel of Aikwood, has expressed concern about this list member system as well?

[Lord Foulkes of Cumnock]

My noble friend is absolutely right. The noble Lord, Lord Steel of Aikwood, who was one of the architects of the system, has said that, if he had his time again, he would not support the system. I think that a lot of people who were involved would feel the same. So we have those three systems.

We should recognise that, if the coalition policy gets pushed through this House, we will have elections for the second Chamber—with another system of elections and another structure—as well as a change for the Commons. That is why I argue the case against having this referendum—indeed, against any changes for first past the post. I was sorry to hear that the noble Lord, Lord Lamont, did not agree with what he wrote 40 years ago because I am sure that it was right then and I am sure that it is right now.