Elections Bill

Debate between Lord Hacking and Viscount Stansgate

Lords Hansard - Part 2 & Report stage
Wednesday 6th April 2022 Lords Chamber

[Lord Hacking (Lab)]

My Lords, I have been disfranchised twice. I was disfranchised in 1972, when I first entered the House and was disfranchised with lunatics and criminals. The second time I was disfranchised was in December last year, when I had the opportunity to come back to the House following a hereditary Peers’ by-election. Now I am no longer in the company of criminals and those in prison—I am not quite sure about lunatics—because, as I recall, when the noble and learned Lord, Lord Clarke, was Lord Chancellor, a provision from the European Court of Human Rights restored, or at least gave, the right to vote to those in prison. I think I have therefore lost the criminality side of my company, but I am not sure whether I have also lost the lunatics.

This is, as my noble friend Lord Dubs said, not the most important amendment being considered in the House, but it is an anomaly that is unjustified. In Committee, the noble Earl, Lord Howe, argued for the Government that we should not have two bites of the cherry—this is my language, rather than his—because we are directly involved in legislation; if we had the vote, we would have a different way of expressing our views. Then the noble Lord, Lord Cormack, argued that, since the House of Commons rises after a Dissolution—not after a Prorogation—the Lords are treated differently from Members of the House of Commons. The truth is that we are treated in very much the same way following a Dissolution, because once Parliament has been dissolved, we are not entitled to come back to the House until we have received a Writ of Summons and get sworn in. We are therefore not in a different position from the House of Commons. This is an anomaly and should be changed, but it is not one of the most important amendments being considered by the Minister, who is sitting back on his Bench with his arms folded, looking at me with a patient look.

[Viscount Stansgate (Lab)]

My Lords, I find myself in a difficult position over my noble friend’s amendment. At an earlier stage in Committee, I said in the course of some remarks that I thought it was a good principle to follow that, if you have the right to vote, you should also have the right to be a candidate. In relation to my noble friend’s amendment, by definition, were this amendment to be passed and we were given the right to vote, we would still not, of course, have the right to be a candidate, by virtue of the fact that we have two Houses in Parliament and, at the moment, one is elected and one is not.

The right to vote is a very important thing and I, like other noble Lords, perhaps, noticed, psychologically, the very big difference in coming here and, at the same time, knowing that if a general election were called tomorrow, I would not be able to go and cast my vote in a polling station, which I have done all my life. Nevertheless, it may be that in the future, the solution is that this House may—who knows?—become an elected Chamber, in which case I would be very happy to have the right to vote, and I would be happy to be a candidate for this House. Time will tell whether either arises.