(5 years, 7 months ago)
Lords ChamberYour Lordships will be glad to know that I will not detain the House for very long, but if your Lordships’ House is not the guardian of our constitution, I do not know who is. There has been much talk, and the case has been made, about how awful these procedures are in introducing this extremely bad Bill to this House as a private Bill. The real concern we should have about it is that it came from the Back Benches in the other place. If legislation of this importance can be initiated from the Back Benches, we are in very serious trouble. As my noble friend Lord Lawson pointed out, we have an unwritten constitution. Like all unwritten constitutions, it is amended by precedent. The idea put forward by the right honourable Lady Yvette Cooper and Sir Oliver Letwin that somehow this is just a one-off is completely misleading. That is not the way our constitution has developed over the years.
The previous five amendments have been defeated heavily—more heavily each time. What purpose is being served by the noble Lord moving his amendment now?
The purpose being served is that we are able to debate these issues, which are extremely important, and that, with a bit of luck—I do not put an awful lot of money on it—this Bill will never reach the statute book. It is a very bad Bill that creates an appalling precedent. I will not take too many lessons from the noble Lord, Lord Foulkes, on talking at inordinate length, making the same points over and over again because, let us face it, we went through that experience with the EU withdrawal Bill, when a very large number of completely pointless speeches went on absolutely interminably. We on this side of the House had to sit here listening to them. We could not closure them because we did not have the majority to do so. I do not need any lessons from the noble Lord on this. If you introduce a Bill this vulnerable, you obviously run an enormous risk trying to get it on the statute book. That is what is being proved now.
Let us concern ourselves with what is happening to our constitution and our arrangements, which have worked for a very long time. I believe it might be that the usual channels are finally getting themselves back into some sort of order again and maybe discussing the future of the Bill. Was it not a tragedy that it was not possible for them to arrive at some solution for the Bill some time ago? We have to be very careful about allowing hard cases that produce bad law. In the same way, when we have a problem of this sort and we start to change our constitutional arrangements, everyone will refer back to what happened and say, “Well, it happened before, didn’t it? Why shouldn’t it happen again?” This indicates to me that the Opposition have given up any chance whatever of being the Government of this country. If they think that, were they in government and we were in opposition, we would not use machinery like this to make life very difficult for them, they have another think coming.
We have got to consider very carefully what is happening now. One reason why this is such a terrible Bill—we will get on to this at Second Reading—is that it inhibits my right honourable friend the Prime Minister from asking for an extension of Article 50, as she had undertaken to do. This makes it more difficult for her than it was before.
(7 years, 8 months ago)
Lords ChamberI find myself, unusually, agreeing with the noble Lord, Lord Tyler. Having seen him on television recently, he has taken me by surprise. They have been confirmative and that is what we are talking about in this referendum. I think the noble Lord, Lord Newby, agrees that it will be a confirmatory referendum after Parliament has agreed or otherwise the proposal that comes from the Government in relation to Europe. On that basis I will back his amendment.
My Lords, there are two scenarios vis-à-vis the attitude of the EU towards our leaving it. One is that it will be absolutely delighted that we are going. A thorn will have come out of its side once the UK has departed and it will be able to proceed with the federal dream it has always had. Therefore, it will want to quickly get on with an agreement and say goodbye to us. The other scenario is that the EU will regard the UK leaving as a hole in the head. As the noble Baroness, Lady Falkner, said, it will present it with an enormous budgetary problem. It will probably be contagious and will lead to other countries in the EU wanting to leave as well. The noble Lord, Lord Newby, says that we must trust the EU. Well, hold on. The people who run the EU are not renowned for being overtly democratic. Let us face it: they put the whole objective of the federal dream above all else. Therefore, they will say that we must go to any lengths that we possibly can to ensure that the United Kingdom stays in the EU.
How do you do that? You offer the most appalling deal known to man. Then, knowing that there is going to be a referendum, if this amendment is passed, you can confidently reckon that the British people will vote against that deal and the United Kingdom will stay in the EU. Does that not completely undermine the Government’s negotiating position once Article 50 has been triggered? This amendment should be opposed absolutely ruthlessly.
(8 years, 4 months ago)
Lords ChamberIf this referendum is regarded as advisory and the decision is not implemented, what course have the British people got but to take to the streets?
I am suggesting that the referendum is advisory, but the British Government should start working on the basis of its result, even though I think it is flawed. I would argue that we should then, for a whole range of reasons, give the British public the opportunity to think again. First, the proposal of the leave campaigners was sold on a false prospectus by that snake oil salesman Boris and barrow boy Farage. They have both gone AWOL. Where are they now? They are not coming forward to try to sort out the mess that they have created.
Secondly, already flaws and problems are beginning to arise. There is already a threatened break-up of the United Kingdom. On Scotland, Nicola Sturgeon is looking at the opportunity to take this referendum as a trigger. On Northern Ireland, think of the problems, with Sinn Fein already talking a united Ireland and the possibility of a border between northern and southern Ireland. On Gibraltar, Spain is talking about shared sovereignty, so no wonder Gibraltar is worried about the future.
Thirdly, the leavers—those who argued the case for leaving—have got no idea of what it involves. They have no idea of the way forward, which means that we have been sold a false prospectus. Some of my remain colleagues, for whom I have the greatest respect, having worked with them for a while, have thrown in the towel. They say, “We are where we are. We’ve got to accept it. We’d better make the best of it”. I think that that is a defeatist attitude. It does not do this place proud, and it does not do the other place proud either.
I have the greatest respect for a number of colleagues, such as the noble Lord, Lord Butler of Brockwell, my noble friends Lord Hain and Lady Andrews and the noble Lord, Lord Low of Dalston. As the noble Lord, Lord Heseltine, has said outside the House, although not here, once the terms are clear and the negotiations have taken place, we need to give the British people the opportunity to think again. That is not undemocratic or saying that we should forget or abandon the previous referendum, although I have criticised it. We are saying that we should work on the basis of that referendum, and once the terms become clearer, give the British public the opportunity of thinking again. It is our responsibility as parliamentarians—we have that responsibility—to work out how the British public can be given that opportunity, not to join the lemming-like rush into the abyss.
(9 years ago)
Lords ChamberMy Lords, I want to say a few words about my experience in the Scottish referendum, which the noble Lord, Lord Tyler, mentioned. I feel so strongly about this issue that I am here tonight despite the fact that in another place—I do not mean down the corridor, but in Tynecastle Park in Edinburgh—Heart of Midlothian are playing Celtic in the quarter-finals of the Scottish league cup. If any of my colleagues here know about my passion and enthusiasm for Heart of Midlothian football club, which I had the privilege of chairing for a couple of years, they will know that it is a great sacrifice for me to be here tonight. That indicates my strength of feeling on this issue.
If I was not convinced before the Scottish referendum that 16 and 17 year-olds should have a vote, the referendum campaign convinced me. I know that my noble friend Lady Adams, who was there as well, agrees with this. I was canvassing for people to vote against independence, and the enthusiasm for participating was absolutely fantastic. To give one example, I was going round Portobello, and some sixth-form pupils from Portobello High School came out and spoke to us on the corner of the street. They were arguing the case: they knew all the arguments on both sides. Some of them supported yes and some of them supported no; they were arguing with me and they were arguing with each other. We were doing that for about half an hour, and then one of them looked at me and said, “Hey, you’re that Foulkes fellow, aren’t you?”, and I said, “Oh, well done”. They really know what is going on.
Might the noble Lord’s view of 16 year-olds voting in the Scottish referendum have been different if an overwhelming number of them had voted to pull out of the union?
No, it would not. As I think the noble Lord, Lord Tyler, said, in so far as we know how they voted, the votes of the 16 and 17 year- olds were very similar to the 55:45 result among the older age groups, especially those immediately above them. Clearly, the information they received and the passion that they had did not make them all independence supporters—quite the reverse.
Let us look at general elections as well. The turnout of 18 to 24 year-olds has risen sharply in the past decade, from 38% in 2005 to 58% in 2015. Those people are participating more, and that is something that we should encourage—as well as encouraging the younger people as well.
I do not want to go on at length about this—although, as I said, I feel passionately about it. But I must add that young people understand the situation in Europe and the advantages they gain from our membership of the European Union. The ones that I have met and spoken with have a passion to ensure that we never go to war again. They have read the history books and they know—particularly this year and last year, with the centenary—about the Great War. They also know about the Second World War. They know that those wars started in Europe, and they want to make sure that peace and prosperity are secure—and they know that the European Union helps to ensure that.
(9 years, 2 months ago)
Lords ChamberMy Lords, we have had very little notice of this Motion. We should take some time to discuss it because, particularly now, this is a matter of great importance. Until 2010 the House of Lords had only one representative on the Intelligence and Security Committee, and in the four years until 2010 I was that Member. Some of us felt that that one Member was not enough. We lobbied hard to ensure that the number of Members from the Lords should be increased, at least to two, to ensure that there was an opposition Member as well as a government Member on the committee, and that was agreed. That is why we were very surprised in 2010 when the then Leader of the House moved that the representatives should be the noble Marquess, Lord Lothian, and the noble Lord, Lord Butler—with no disrespect to either of them. We accepted that and did not create a fuss on that occasion because we expected that account would be taken of the need to have an opposition representative the next time this matter was considered.
That is why I am very surprised that the noble Baroness the Leader of the House, on behalf of the Government, has come forward again not with an opposition Member but with another Cross-Bencher. With no disrespect to either the noble Marquess, whom I have known for many years, or the noble Lord, Lord Janvrin, who served with distinction as secretary to Her Majesty the Queen for a number of years, neither of them could be said to be the most radical, probing person on this issue. Given recent events, the Intelligence and Security Committee is now under intense public, political and media scrutiny, and that is not going to decrease. That is why I think—with no disrespect, as I say, to either the noble Lord or the noble Marquess—that this matter should be taken away and considered again.
As I understand it, there has been no proper consideration with either of the opposition parties— the Liberal Democrats or ourselves—and now the Government have come forward with two names. With respect to the noble Baroness the Leader of the House, she—and indeed the Government, the Chief Whip, whom I know very well, and the whole Conservative Party—would gain a great deal if they accepted that this was a genuine and sincere matter and had another look at it. I hope she will agree to take it away and look at it again.
Following the intervention by the noble Lord, Lord Foulkes, surely it is very important that these appointments be hurried through as quickly as possible, because if there is any delay the new leader of the Labour Party will have a great input into who stands on that committee.
(9 years, 5 months ago)
Lords ChamberThat is a very interesting suggestion. As usual, the noble Lord is not being mischievous; he is being very helpful. It would be good to have an independent chair of the polling authority. I am not exactly sure whether it should be that pensioner. We must find out who he is and whether other predictions and suggestions he has made have been successful. We certainly should take that on board.
Can I raise a more serious question: is there any point to polling at all? You ask people what they are going to do at the next election. They say, “The next election is not for weeks or months. I haven’t even made up my mind”, so their views are not even very relevant.
That is a very interesting question and much wider than what I am suggesting. If the noble Lord is suggesting that the regulatory body I am setting up should have a wider remit, that is certainly something the House can look at. I would not be averse to looking at it.
As I was saying, in the general election of 2015 we saw almost daily polls for a while—it was astonishing. However, almost all of them turned out to be wrong. The media moguls, who are very rich and own most of our newspapers, commission most of those polls. They publicise them and they become a very powerful election tool. As the noble Lord implied, this has moved beyond a method of independent measurement of voting intention to having real and increasing influence over the result, with potentially serious consequences for our democracy. Polls now play a major part in deciding the future of our country. It is therefore essential that they be carried out in a rigorous and unbiased manner. That is what the minimal and independent oversight that I am putting forward in the Bill sets out to achieve. It is with that aim in mind that I beg to move.
(12 years, 5 months ago)
Lords ChamberMy Lords, this Bill is of major importance—this is not my idea; it comes from the Minister—and is very significant indeed. However, for some reason the Minister wants to shuffle it off into the Grand Committee Room. The Bill needs close scrutiny and will bring forth the exquisite qualities of your Lordships’ House. There is a massive amount of expertise here that can make positive comment on the Bill and make it better than it is today. It would be quite wrong if we were to vote for the Bill to go into the Grand Committee Room. It should be debated in Committee on the Floor of the House and I hope that the committal Motion will be negatived by the House.
My Lords, it is seldom that the noble Lord, Lord Hamilton, and I agree. We were introduced into the House on the same day and I found it a privilege to be introduced on that day. However, I fully agree with him on this issue. I returned from the Recess to find this Motion on the Order Paper. I was not aware of it before and, as far as I know, there was no consultation about it. Members did not know that it was going to be remitted to a Grand Committee. I may have shown a lack of acuity in picking this up but I have discussed today the fact that many Members were not aware that it was going to be suggested that this important Bill should be committed to a Grand Committee.
As the noble Lord, Lord Hamilton, said, this is an important issue. It may not be politically contentious but it is vital. As the Minister said, it arises to some extent from a major financial crisis that hit the headlines. He described the Bill as major legislation and, after talking with Members who have been in the House much longer than me, I believe it is very unusual for such major legislation to be remitted to a Grand Committee for discussion. As the noble Lord, Lord Hamilton, said, it would be normal for it to be taken on the Floor of the House.
There may be other reasons—far be it from me to suggest them—why the Government want to remit the Bill to a Grand Committee, but our decisions as Members of the House should be on the merits of the Bill and not on any secondary reasons beyond the basis of the Bill.
It would be unfortunate if we had to divide on this, so I urge the Minister to withdraw his Motion on the basis that there will be further discussion and consultation with all parties and all sides of the House. I hope he will see fit to do so.
(13 years, 10 months ago)
Lords ChamberMy Lords, I am pleased to follow the noble Lord, Lord Forsyth, and to pick up some of his points. In doing so, I will speak to Amendments 71C and 72A, which were tabled by my noble friend Lord Stevenson of Balmacara and me and would have exactly the same effect but are less elegant than the amendment moved by the Front Bench, which has put it all into one amendment while we have two. I am looking forward to reading Hansard tomorrow to see how it records our correction of the pronunciation of the Ross, Skye and Lochaber constituency. The correction is easy to say but not easy to put down in print.
My noble friends will understand why I am a bit more suspicious of the Government’s intention than my noble friend on the Front Bench. Noble Lords opposite will probably understand even more why I am more suspicious than the Front Bench. One should look carefully at the Bill, as my noble friend Lord Bach said. Rule 5(1), on page 10, states:
“A Boundary Commission may take into account, if and to such extent as they think fit … special geographical considerations, including in particular the size, shape and accessibility of a constituency”.
Size is covered, and it is included in exactly the same way as shape and accessibility.
Later, I shall move an amendment to include the word “wealth”. I am not sure that that is the best word, but I also wanted to consider how rich or prosperous a constituency is. That should be a factor. Size is covered, so why do we need the separate provision, rule 4(1), which states:
“A constituency shall not have an area of more than 13,000 square kilometres”?
Rule 4(2) then states:
“A constituency does not have to comply with rule (2)(1)(a) if … it has an area of more than 12,000 square kilometres”.
Why is the first one 13,000 square kilometres? Why not 14,000, 15,000, 13,500 or any other figure? I asked myself that when I read the Bill for the first time. Why is the second figure 12,000? Why not 11,000, 10,000 or 13,000?
Then I looked at the area of Ross, Skye and Lochaber. My noble friend will not be surprised to hear that that area is 12,779 square kilometres—that is, between 12,000 and 13,000. The noble Lord, Lord Forsyth, is probably right that the Boundary Commission might perversely start at the top with Thurso and move south, so it might not actually preserve Ross, Skye and Lochaber, but I think that that is what it was put in for. It was an attempt to preserve Ross, Skye and Lochaber; why is it there otherwise? Why is it included at all? Why do we have both these provisions and why are they 12,000 and 13,000?
I am really looking forward to my old friend’s reply—I was going to say my noble friend. Last week, he reminded me that we have known each other for 45 years. We went to the Soviet Union together all those years ago as young, innocent students. My noble friend and I learnt a lot on that occasion. I am looking forward to his explanation. He has been very astute in giving us explanations on other provisions in the Bill, but this one will really test him.
I was not going to talk about the Scottish parliamentary boundaries until the noble Lord, Lord Forsyth, raised them. He is now asking himself why he did so. As I say, I would have sat down by now, as noble Lords opposite, particularly those on the Liberal Democrat Benches, will be pleased to hear, but he raised a very interesting point. He is absolutely right. When my noble friend Lady Liddell of Coatdyke reduced the number of Scottish constituencies from 72 to 59, the idea was that the number of Scottish parliamentary constituencies would reduce proportionately, the boundaries would stay coterminous and we would have 108 Members of the Scottish Parliament. The Scottish Parliament was originally designed for 108 Members. One of the reasons why it went so hugely over budget was because everyone in the Scottish Parliament of all parties wanted to stick with the figure of 129. That was rather unfortunate. I think that the noble Lord, Lord Forsyth, and I agree on that as well.
However, that is not the main purpose of these amendments, which is to ascertain why these figures of 12,000 and 13,000 were pulled from the hat and included if it was not to protect Ross, Skye and Lochaber. If Ross, Skye and Lochaber and Orkney and Shetland are to be protected, it certainly looks like a protection arrangement for Liberal Democrat MPs. The advice that my noble friend—my very noble friend—has given me on Hansard is that it should use rhyming slang to explain that Lochaber rhymes with harbour. That is a Welsh solution. However, that has detracted me from my main purpose, which is to say that I very much look forward to hearing the noble Lord, Lord McNally, explain the randomness of these figures and say why they are included at all.
I will intervene briefly on this subject as it was raised in the debate on the amendment of my noble friend Lord Fowler on the Isle of Wight. I have the very greatest reservations about putting any exemptions whatever into the Bill. The noble Lord, Lord Foulkes, has made the very good point that it seems rather odd that so many of these exemptions seem to concern themselves with Liberal Democrat constituencies. There might be an argument for saying that if the only representation that the people had in these enormous geographical constituencies was in Westminster, perhaps you should keep the population of the electorate somewhat smaller, but of course that is not the case. As my noble friend Lord Forsyth has pointed out, an inordinately large number of Members of the Scottish Parliament can answer many of the worries and concerns that the electorate might have in Orkney and Shetland and in other such places in Edinburgh. That would deal with all problems of education, the Scottish legal system and many other areas.
As we all know, one reality that we live with today is that Scottish Members of Parliament who come south to Westminster have extremely little to do—except, of course, to vote, often on English matters that are of no concern to their constituents. I must confess that I am sad that the whole business of English and Welsh votes on English and Welsh matters, which was a commitment of the Conservatives in their manifesto, is notably absent for some reason from the coalition document. Presumably we must assume that the Liberal Democrats are quite comfortable with the idea of Scottish Members of Parliament coming south to vote on matters in English constituencies that do not concern their constituents at all, because they are dealt with by what is now not even the Scottish Parliament—I am told that it is now the Scottish Government—north of the border.
The whole rationale for saying that such an enormous geographical area should have fewer people in the electorate does not stand up any more when you have devolution and a Scottish Parliament that deals with so many of the problems with which people in those enormous geographical areas will be concerned. I have every support for removing that provision from the Bill. I think that it is a very great mistake on the part of those who put the Bill together to produce those exemptions in different forms, which is why I was so much against my noble friend Lord Fowler's idea that for some reason the Isle of Wight should be exempted. Once you start down the road of exemptions, there is no end to it; you produce a justification for practically every amendment that we have been hearing to this half of the Bill.
I pick up the point made by the noble Lord, Lord Bach, when he summed up my noble friend Lord Fowler’s amendment: that I was a bit of a purist. I do not quite know whether that was supposed to be an insult or a compliment, but in the circumstances I will take it as a compliment and I hope that this amendment gets a serious reading, because we must try to clean up the Bill and make it rather more rational.
(13 years, 10 months ago)
Lords ChamberNo, I am not in favour of them either. I agree that they have breached the principle, but I suppose that there is a greater argument for an enormous land mass with a very small electorate in Scotland being represented by one person.
Let me reinforce the noble Lord's argument. If we have a debate like this for 45 minutes on each of the 650 constituencies, it will take another 450 hours.
That is absolutely true. That is why I hope that the Government do not give way on this issue. That rules out any question of creating an exception for the Isle of Wight. It may be uncomfortable for the constituents of the Isle of Wight to be represented by two Members of Parliament, but it would not be the end of the world. I sincerely hope that my noble friend holds out on this.
(13 years, 11 months ago)
Lords ChamberLike my noble friend Lord Deben, I too have great reservations about referenda because they undermine the sovereignty of Parliament. If the result of this referendum is absolutely overwhelmingly in favour of AV, then there is no way that Parliament could ignore the expressed wishes of the people. I do not quite know why my noble friend Lord Tyler is concerned about it being “indicative” rather than “mandatory”. The noble Lord, Lord Rooker, is right. If a very narrow vote completely changed our voting system, then Parliament should have the option of being able to think again to explore the issues because Parliament has a right and responsibility at that point to give its advice and to debate the issue rather more widely.
Let us face it—we have not had many opportunities to debate this form of voting and an awful lot of the people in this country do not really understand it at all. If this referendum happens, the turnout may conceivably be boosted if we hold it on the same day as the local elections. If it was held on any other day, the turnout would be very low indeed and it would be quite difficult to say that this was a seriously expressed wish of the people of this country. However, as I say, if there is a clear and overwhelming majority in favour of AV, Parliament could not in any way ignore that and the arrangement would have to go through. To be concerned and worried about the idea of this being “indicative” rather than “mandatory” shows a certain sort of paranoia on behalf of those people who believe in this referendum. I advise my noble friends not to be too concerned about it.
I am very pleased to follow the noble Lord, Lord Hamilton, who was introduced into this House on the very same day as me. One of his introducers was the noble Baroness, Lady Thatcher, the former Prime Minister. She and I had an interesting conversation that day. I doubt she would be very enthusiastic about what we are doing today and the noble Lord, Lord Hamilton—I was going to call him “Archie”—represents her.
It is bizarre, is it not? This whole thing is bizarre. All these debates are unbelievable. This Clegg project—because that is what it is—is being pushed through. We know that all the Tories—all the Conservatives whom I know—do not believe in the alternative vote. They are nodding. I have yet to come across one who thinks that it is the right way for the people of Britain to vote in a referendum. Yet, they went through the Lobby just a few moments ago and will go through the Lobby again and again—today, next Monday and next Wednesday—pushing through something that they manifestly do not believe in. Then there are the Liberal Democrats. They do not really believe in the alternative vote; they want STV. Some of them, of course, see this as a Trojan horse—as a thin end of the wedge. The next Bill that will come up will be to move towards single transferable vote or something similar. However, no less a person than the Deputy Prime Minister described the alternative vote as “a miserable little compromise”. Imagine campaigning and people listening to the Churchillian tones over the loudspeaker: “Turn out and vote for our miserable little compromise!” That is why my noble friend Lord Rooker is right about the turnout. I cannot see that there will be any great enthusiasm. I will move an amendment later about the date, which is another very worrying issue.
So the Tories do not really support it. The Liberal Democrats are not really in favour of the alternative vote. Apart from my noble friend Lord Lipsey, who made an interesting speech at Second Reading in favour of it, there are not many people on this side who support it. Most of my colleagues are in favour of first past the post. We have heard my noble friend Lord Grocott expand on this eloquently—I was going to say ad infinitum… ad nauseam—on so many occasions. I am right behind him. There are some on this side who, I must admit, favour proportional representation but not alternative vote. We have had that discussion within the party.