Parliamentary Voting System and Constituencies Bill

Lord Howarth of Newport Excerpts

Wednesday 15th December 2010 Lords Chamber

[Lord McNally]

My Lords, I thank noble Lords for their questions. The principle is that the clause was inserted in response to the committee in the other place asking for clarification. We have put Clause 5 into the Bill to ensure that media outlets are not caught by spending restrictions that are in place in terms of publishing information about the referendum. The media play a vital role in building public awareness and presenting facts and opinions on the matters raised by the poll. This amendment ensures that the media's ability to carry out that role and to exercise the usual freedom of the press and broadcast media is not restricted in any way. That was our intention.

On the point that the noble and learned Lord has just raised, I will have to check again with the Electoral Commission, but I believe that if in making a referendum broadcast, one or other of the campaigns was to indulge in the kind of expenditure to which he referred, that would be counted as expenses.

[Lord Howarth of Newport]

Does not this whole debate point up very clearly the absurdity of holding the referendum on the same day as other elections? It will be completely impossible to police the distinction which the Government seek to make between coverage that is referendum-related and coverage that is election-related. What if a programme or an article discusses both those topics together? It cannot conceivably work. My noble friend Lord Snape reminded us of how perplexing and confusing voters found it in 1975 when they found politicians of different parties on different sides of the argument. If I remember rightly, that referendum was not held on the same day as other elections; but it still caused people to scratch their heads. It will be completely impossible to sort this out if the two processes are carried forward on the same day. Will not the Government now accept that?

[Lord McNally]

I do not mind the constant argument about how people are going to be confused by this, but one lesson that we have learnt since 1975 is that a referendum and elections can be held on the same day, because we have done it. There is no reason why the two cannot be run together. To be absolutely clear, the extra expenses would come under Schedule 14.

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[Lord McNally]

I have every confidence that those in government know how to consult the political parties they come from. I see no problem here and I have certainly not encountered one. As will have been noticed throughout the debate, on my Benches my noble friends Lord Tyler and Lord Rennard are both plugged into and expert on these matters for the Liberal Democrats. The noble Lord’s concern is touching, but I can assure him that it is not a problem.

[Lord Howarth of Newport]

When Ministers consult with political parties about the processes that it might be appropriate to incorporate into this legislation, can the noble Lord assure us that they seek to act in a spirit of disinterestedness? After all, it would not be appropriate for the Government to stack the system so that it would benefit what the parties perceive to be their particular interests. Can he assure us that the Government’s hands are clean in this process?

[Lord McNally]

Absolutely clean. The problem about this, and the reason we are having such difficulty in convincing the Benches opposite, is that our whole aim is to get fair votes on the basis of fair constituencies, which obviously discomforts them.

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[Lord Mackay of Clashfern]

Before the noble Lord seeks to answer that question, this debate has got to a stage where people seem to have forgotten that a statute dealing with referenda was passed by the previous Administration. It deals with all of these questions in considerable detail. There are some additional questions because as time has gone on more difficulties have emerged—for example, in relation to the internet—but there are already considerable provisions in the law about that. It is important to remember that this debate should be about this particular Bill and its particular circumstances.

[Lord Howarth of Newport]

Do we not need to learn the lesson from, for example, the referendum on a regional assembly in the north-east, where the no campaign was led by business interests? That campaign was relatively well-funded and was clearly against Labour Party policy. In effect, therefore, it was significantly in the interests of the Conservative Party. Does the Minister feel that the lessons of that experience have been adequately absorbed and that the existing legislation to which the noble and learned Lord, Lord Mackay of Clashfern, referred satisfactorily covers such circumstances? Or does he feel that the legislation governing referendum expenses needs to be brought up to date in the light of that example of how money can be spent in a political cause but not overtly by a political party?

[Lord Maxton]

The noble and learned Lord, Lord Mackay, mentioned the internet. Perhaps I may give an example to follow on from what my noble friend Lord Howarth said about business people. Sir Sean Connery is a major benefactor of the Scottish National Party, but he is not a taxpayer in this country. He is not therefore bound by rules on expenditure if he is spending that money on advertising via the internet rather than by other means. I presume that there will be other business people, some from the Conservative Benches, who may be in the same position; that is, they are non-taxpayers but can use their money to influence the referendum through the internet in a way that is uncontrollable by the Act.

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[Lord McNally]

My Lords, on the question of how these rules are applied, I suspect that the noble Lord, Lord Lamont, and I have a philosophical difference. As I said earlier, I supported the 2000 legislation and the setting up of the Electoral Commission. I am not in favour of the untrammelled process of elections. You need rules and checks and balances if you are going to offer a level playing field in these matters. Much of what was done during the period of the previous Government was worthy of support in making our electoral systems fairer and more transparent in funding and process. What is clear about the process is that much of what is in the Bill, although it is a fairly thick Bill to look at, and certainly what is in this clause, rests on tried legislation that is already in place.

[Lord Howarth of Newport]

As my noble and learned friend Lord Falconer and the noble Lord, Lord Lamont, have rather compellingly pointed out to the Committee, there are real and practical problems with the existing rules. Does the noble Lord consider it to be the responsibility of the Government to iron out these difficulties and to put into place a more satisfactory set of arrangements, or is he saying that it is for the Electoral Commission to modify the rules as it thinks best? If the latter, is he satisfied that the Electoral Commission has the freedom and scope actually to do that?

[Lord McNally]

The answer has to be yes, as if we did not have that confidence in the Electoral Commission we would be in a very odd place. As I said, we support the trusting of the commission, which will publish guidelines on how these rules will operate. It is for the designated organisations and the other parties campaigning to work within those rules.

[Lord Howarth of Newport]

No one is suggesting that the Electoral Commission is not to be trusted. The question is whether the commission has the scope under existing legislation to make the changes that may be necessary.

[Lord McNally]

Part of the debate is how much the changes need to be made. We believe that they do not and that the existing rules and regulations will stand. We see no reason to change the current legislation on spending limits for this referendum. Quite apart from seeing no compelling reason of principle, we should consider the practical effects. We are not far away from the start of the referendum period and changing the rules at this late stage could penalise permitted participants unfairly. In particular, we do not agree that there should be different spending regulations for this referendum compared with others, as the amendment suggests. We do not agree that there should be this distinction and we believe that the current spending regulation framework should apply to this referendum.

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[Lord McNally]

All right, we can spend a lot of time on this. I am not going anywhere. If the noble Lord wants to get up again then he can, but the argument about £20 million being spent on the campaign could have been used in any election in the past 100 years. It is not going to happen in this referendum.

[Lord Howarth of Newport]

We are not talking about an extreme and highly unlikely possibility; we are talking about the possibility that someone with perhaps £2 million to spend could parcel it out between different beneficiaries who would all then campaign on one side of the referendum argument.

The Minister just said two things that are in conflict. He said that he had confidence in the rules and regulations as they are now but, when he was asked by my noble friend Lord Campbell-Savours what there was to stop this kind of abuse, he said that he frankly suspected that there was nothing. Those two remarks are in conflict with each other. This is a very important issue. We need to know the answer to the question, and if that answer is not satisfactory then the legislation needs to be amended to ensure that such abuse cannot take place.

[Lord Glentoran]

I just wonder if the biggest lump of money that has interfered with elections over many years has been that of the large trade unions. They come together as a bulk with a huge amount of money, bigger than that of any individual.

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[Lord McNally]

The straightforward answer is that the question will be never ending. We will always be looking at how these things are regulated. We will always be looking at whether the rules can be tightened, improved or made more transparent. The question is whether you can conduct a referendum on a fair and transparent basis under the terms of the legislation proposed in the Bill. It is the opinion of this House and it was certainly the opinion of the other place that we could do that. The questions raised on the opposite side may be reasonable, including the question on the funding of political parties, which again will be an ongoing matter. That is why the Committee on Standards in Public Life is looking at that very issue, and this party and this coalition Government will legislate on the funding of political parties.

[Lord Howarth of Newport]

Of course the Minister is right to say that there will be continuing debate on this range of issues. However, on the specific issue of potential abuse to which the noble Lord, Lord Lamont, alerted us, and which my noble friend Lord Campbell-Savours and others agree should be taken seriously, the Minister said just now that in his view nothing in existing legislation would safeguard against that abuse. That is very worrying, and it will not do for the noble Lord to seek blandly to assure us that the legislation is probably good enough and that we should proceed with it. The Government have had plenty of time to think about these issues. This Bill was introduced months ago, and it is the responsibility of the Government to ensure that the rules governing the conduct of referendums are sufficiently rigorous to provide against such abuse occurring.

[Lord McNally]

But if the Opposition, or even my noble friend, are putting forward hypothetical threats to the fair conduct of the referendum, I am not sure that any piece of legislation on God’s earth can meet every imagined threat.

[Lord Howarth of Newport]

Not every threat; but this is a specific abuse that was forensically identified by the noble Lord, Lord Lamont.

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[Lord McNally]

My Lords, it is reassuring that the power of argument and eloquence still triumphs in this House.

Clause 6 and Schedule 9 to the Bill ensure that all permitted participants in the referendum that are not political parties are covered by the same regulations regarding loans as already apply to political parties that campaign in the referendum. The Bill does this by creating a new regime for the regulation of loans to permitted participants which closely reflects the rules that already govern loans made to political parties in Part 4A of the Political Parties, Elections and Referendums Act 2000. Part of this regime is the creation of 13 new offences applicable to those permitted participants in the referendum. Again, these offences replicate the offences that already apply to major political parties through Part 4A of the 2000 Act.

This amendment seeks to apply the Electoral Commission’s new civil sanctions powers—they came into force by order on 1 December—so that they are available in relation to 12 of the 13 new offences created by the Bill. The civil sanctions regime was inserted into PPERA 2000 by the Political Parties and Elections Act 2009. It is intended to allow the Electoral Commission to apply sanctions that are appropriate to the nature of each contravention and to use new approaches to secure compliance with the law where appropriate rather than referring a case for criminal investigation. The civil sanctions include fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings.

It was not possible to prescribe the new loans offences that the Bill creates in the order so as to apply the civil sanctions regime to them on 1 December. That is because the new loans offences have not yet been approved by Parliament and will not be approved until this Bill obtains Royal Assent. However, the order that came into force on 1 December prescribes the existing offences regarding loans to political parties. This means that there would be a disparity between how political parties and other permitted participants who receive loans to fund their referendum campaigns could be sanctioned if we were not to apply the civil sanctions provisions to the new offences by making this amendment. Our amendment will ensure that civil sanctions powers are also available for the new loans offences and will close off this disparity. The result is that any permitted participant who commits a loans offence after Royal Assent could be subject to civil sanctions imposed by the Electoral Commission. I beg to move.

[Lord Howarth of Newport]

My Lords, I detect some inconsistency in the Minister. He is using this legislation to introduce new rules concerning loans but he has spent a considerable amount of time this afternoon telling the House that it is not appropriate to use this legislation to change rules in respect of other matters that may arise in the conduct of referenda—for example, expenditure on publicity or the rules governing the donations that authorised individuals may give. Why is it okay for the Government to change the rules here where it happens to suit them and not in those other respects?

[Lord Soley]

May I ask for clarity? I found the Minister’s comments confusing. He seemed to be saying that, because the rules were not ready, we could not change this, but he was setting aside time or something—I did not understand that bit—so that we could change it at a later date. I think that he needs to explain that a bit better.

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[Lord McNally]

First, I do not believe that the role of the Electoral Commission is as passive as the noble Lord, Lord Soley, suggests, as was demonstrated by the fact that it suggested a better question for the referendum, which was taken on board by the Government and implemented in the Bill. I supported the establishment of the Electoral Commission and welcomed the introduction of political input into its deliberations. I remember when we first discussed it, the noble Baroness, Lady Gould, and others and I pointed out that there was a necessity to have some sensitivity about how political campaigning was carried on by mainly voluntary organisations. The Electoral Commission has performed its duties well, and I have every confidence in its being able to carry out its responsibilities under the Bill.

[Lord Howarth of Newport]

I am glad to hear the Minister affirm his confidence in the Electoral Commission. Does he repudiate the very unkind remarks about the chair of the Electoral Commission made by his right honourable friend Eric Pickles a few months ago? The chair came under heavy personal criticism from his right honourable friend.

[Lord McNally]

I shall not comment one way or the other on extraneous interventions like that, for goodness’ sake.

The noble Lord, Lord Lipsey, gave me a slap about getting irritated, but the point is that these election rules and regulations—most of the schedules to the Bill—are straight lifts from existing legislation put in place by the last Labour Government, so it comes as a surprise that people who were Ministers in that Government suddenly find all kinds of loopholes and dangers in that legislation. We have transposed into the schedules existing legislation, bringing it as up to date as we can with this amendment and this clause.

I am not a lawyer but, as far as I understand it, the civil sanctions have been brought in because, as I said earlier—and this is not in my brief but from my understanding of it, so perhaps if I am wrong one of the experts behind me can correct me—the criminal sanctions in the existing legislation were felt to be far too heavy-handed, particularly as they applied to volunteer officers in political parties. A range of civil sanctions were brought in that allowed the Electoral Commission a degree of flexibility, from giving a little advice to an errant officer to applying heavy sanctions. That flexibility was intended in bringing in civil sanctions. The decision on how to apply them is one for the Electoral Commission.

As noble Lords know from briefings sent to them, the Electoral Commission is following very closely these deliberations and listening very closely to the points made by noble Lords on all sides. I have every confidence that, if a point is made that the Electoral Commission thinks is of substance and needs to be dealt with, it will not hesitate to bring this to the attention of Ministers and Members of the Opposition, just as it has done in the past. The clause is a fairly narrow one to make provisions regarding the regulation of loans and bring the regulations under the referendum up to date with the legislation already introduced on 1 December.

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[Lord Lipsey]

My Lords, this is not the greatest matter before us, but it is an important one and I support the amendment. If there is one rule that one learns in life, it is that making two people responsible for something is a recipe for it not getting done properly. There is not one person to blame or to take the lead and it leads to confusion and non-action. That is my first point. My second point relates to precisely the other side of the coin of the argument put by my noble friend Lord Bach; namely, the present occupants of this position. On the one hand you have the Justice Secretary, who is a passionate supporter of first past the post. On the other hand, you have the Deputy Prime Minister, the Lord President, who is a passionate supporter of AV. They have come together in this coalition and that is simply a fact.

But honestly, there is scope here for mischief-making—and I used to be a journalist. There could be real mischief: for example, the Justice Secretary waits until the Lord President of the Council has gone off for the weekend to make some amendment or order under the Bill to suit his book. More likely, there will be journalistic mischief-making, where the fact that these two gentlemen agree on the Bill when they do not agree on the subject of it is elevated and makes a good diary paragraph. I am sure this Government’s backs are extraordinarily broad. They probably do not read the newspapers at all and are not the least interested in the gossipy things that I suspect might arise from this, but it does seem a completely pointless goal to leave the matter without a goal-keeper so that anybody can have a pot-shot at it.

[Lord Howarth of Newport]

Does my noble friend agree that this is significant in terms of proper accountability to Parliament? Parliament needs to know which Minister within the Government holds responsibility, and the statute ought to make that clear.

[Lord Lipsey]

My noble friend makes clear in more formal terms what I meant by confusion. Parliament is indeed one of the bodies that could end up confused.

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[Lord Howarth of Newport]

Can I press the Minister a little bit on his statement just now that the Lord President—the Deputy Prime Minister—steered this legislation very successfully through the House of Commons? Is his concept of successful passage through that House that the Bill was programmed and that very important sections of it were not examined either in Committee or on Report? Yes, the coalition got its way in the House of Commons but the upshot of that is that there is a particular duty on this House to examine the Bill in the most minute detail, precisely to make up the deficit caused by the failure of the House of Commons to examine this legislation properly. What does the Minister mean by successfully steering the Bill through the House of Commons: that the Bill should be properly scrutinised, or simply that the Whips should ensure that it passes without being scrutinised?

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[Lord Soley]

I would not have intervened again, except for the way that the Minister addressed his last comment. That was not helpful. It is where he actually makes matters worse. My noble friend Lord Rooker is exactly right. The noble Lord talked about his vast experience but I know of many experiences of both kinds of Government increasing a Bill by piling in extra clauses that then come before this House. It does not help to try and score a party-political point. The other side of the argument is that on the last occasion we debated this—I forget which day that was—I quoted from a Conservative MP’s letter, which stated very clearly that he had only five minutes to discuss an issue of great importance and did not have time to speak at all on the main debate for it. There were members of the Minister’s Government complaining about lack of time.

My advice to the Minister is not to get into this party-political knockabout. A Bill like this, which is very important to the Government but very complex, will inevitably expand over time if it is hurried through in the way that the Government are doing. That is what has happened and that is why all those extra clauses, to which my noble friend Lord Rooker referred, have been added. It also explains why some people on the Minister’s own side who were opposed to certain aspects of it complained about the lack of time in the House of Commons. I simply say: for heaven’s sake, drop this idea that it is all one party’s fault. That is nonsense.

[Lord Howarth of Newport]

Does my noble friend agree also that the fact that the Bill has been added to on such a massive scale by the Government during its passage through the House of Commons—indeed, we have just been examining a new government amendment—indicates that it was prepared in great haste? Yet at the same time, the Government are insisting that the Bill must move very fast indeed towards the statute book. Can it be right to prepare a Bill so hastily that large-scale improvisations have to be made by the Government in extending it, even as they insist that it is rushed through and therefore skimpily scrutinised?

[Lord Falconer of Thoroton]

My Lords, I have to rise in relation to the rather casual accusation made by the noble Lord, Lord McNally, that it was just time-wasting down the Corridor. As the noble Lord will know, because he has been a Member of Parliament himself down there, the effect of the guillotine Motion—although he was perhaps not there when there were guillotine Motions—is that certain amendments are not reached because there is not enough time. The idea that they talked on and on to make it last seems to be misplaced. The worry about what the noble Lord said is that that casually dismissive remark is the sort of remark that is then used to dismiss parliamentary scrutiny of Bills—“we can dismiss what is being said because it is all time- wasting”. I thought one of the principles on which his party and the other party with which he is now in coalition put to the electorate was that we would respect Parliament more rather than treating it with the contempt he has just shown.

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[Lord Rooker]

My Lords, I did not really see the significance of my noble friend’s amendment when I was reading through the Bill, and I missed this.

I am thinking back. I know that we are going to be told that the 1975 referendum was not declared by constituency. If I remember rightly, one of the arguments used at the time was, “It would be very uncertain if MPs who had campaigned on one issue about the EU found that their constituents had gone against them”. I recall it being a bit mixed up. I was part of the no campaign, in that sense—I certainly voted no, anyway. In this case, though, the issue is very personal to the MPs concerned because it is about their voting system.

Take the districts. I used to represent part of Birmingham. The whole of the city gets lumped together, no one gets embarrassed about which way a particular constituency has gone and everything is in the melting pot. It is easier to count when all the constituencies have been lumped together, but where does that leave the Members of the Welsh Assembly and the Scottish Parliament elected on that day? They will be out campaigning. The results will be declared in their constituencies for AV or not. So, you will be covering it up for some so as not to cause embarrassment, but not for others.

I am unaware of a constituency called “the Isles of Scilly”. If I remember right, the Isles of Scilly are part of a constituency on the mainland. That is my understanding. Why on earth are they singled out in this way? On Northern Ireland, I hope that we will not have the argument about there being an east and a west and a green and an orange. We do not want any arguments about which constituency went which way. We do not want any arguments about lumping it all together. You cannot use all these arguments to defend this set of voting declarations. Whichever you use for one is contradicted by the other.

It cannot be being done for the administrative convenience for the Electoral Commission. It is not doing the counting. The counting officers are doing the counting—a well-oiled machine, highly sophisticated in counting votes in this country based on wards and constituencies. I freely admit that a little bit went wrong but not on the counts. Why deviate from that? Why deviate from the tried and tested system that we know works for counting? People know where to go. They know where their counts are. The type of people who do the counting go to the same place virtually every year and are almost on a permanent contract. Why interfere with a system that works? I have offered up some of the issues.

I would like an explanation about the City of London. Normally when there is a count for the constituency, are we referring to the City of London as the city or as the constituency of the City of London, because it is not quite the same, is it? I am not certain. I am a bit out of touch. Is it a constituency or not? I am not certain why the Inner and the Middle Temples should be treated differently. It is reasonable to have an explanation for each one of these because the answer to one has to contradict the answer to another. So I await with interest the response of the noble Lord, Lord McNally.

[Lord Howarth of Newport]

I support my noble friend Lord Grocott. This referendum is to be about the choice of a parliamentary voting system, so it is bizarre not to declare the results on the basis of parliamentary constituencies. If it were a referendum about how local government is organised, one might see some sense in the stipulations—districts, counties, London boroughs and so forth—that are set out in Clause 7(2). However, those units are irrelevant to the question at issue in this referendum, so my noble friend’s case is self-evidently sensible.

I also join my noble friend in his mild but firm stricture on the intervention of the Electoral Commission. The proper responsibility of Parliament is to ensure that the system put forward in this Bill is well designed. The expedience for the Government of ensuring that the referendum takes place on 5 May must be a secondary consideration. I would have hoped that the Electoral Commission would also want to make it its priority that the system that it is there to oversee and to administer is appropriately designed. I am disappointed that it has not done so in this case.

[Lord McAvoy]

My Lords, I rise briefly to indicate my support for my noble friend Lord Grocott’s amendment. As a former Member of Parliament for a Scottish constituency, I can bring a perspective as to how this will be viewed. As my noble friends have said, this proposed referendum is on a voting system for Westminster. It seems incongruous and, quite frankly, plain daft that the results will not be declared on a constituency basis. These days, when people are looking for more transparency and accountability from MPs, it is absolutely right that, if it is an embarrassment to the MP if the constituency goes a different way from the way he or she campaigned, that should be known. So be it—that is the way it is.

As a unionist, I take exception to the fact that Scottish Parliament seats seem to be given primacy over Westminster seats when it comes to a voting system for the Westminster sovereign UK Parliament. It is wrong in principle and sends out the wrong messages. It will give further incentives and justification for those in nationalist politics in Scotland to continue that drive to say that somehow we in Scotland are different from our friends, neighbours, relatives and colleagues in England, Wales and Northern Ireland. No, we are not. We are all part of a British state. As well as being proud of our individual countries, we are British citizens. There is nothing wrong with that at all.

These proposals are an indication that the Bill has been rushed. Time and again we have come up against things which it would seem common sense to do but which are not done. The fact that these things have not been done is not part of any great malicious master plan, in my view. It is the result of a rush to judgment and to get this Bill through. There is a whole host of things in this Bill that should have been more carefully thought out. There are plenty of experienced people on the other side who I am sure, if they had had their time, would have framed the Bill more accurately and thoroughly.

I totally accept that people have different opinions in Scotland but for my part and, I am quite convinced, for the majority in the constituency of Rutherglen and Hamilton West the Westminster Parliament is—I say this without any disrespect to the Scottish Parliament—the prime Parliament. I can imagine hearing the howls of anguish—“Trust the perfidious English!”—if the Westminster Parliament organised a referendum for the voting system for the Scottish Parliament that did not give due respect to the Scottish Parliament, the forum for which it was proposing a change in the voting system. What is good for the goose et cetera.

The noble Lord, Lord McNally, has paid tribute to my noble and learned friend Lord Falconer for lowering the temperature a wee bit. It is certainly not in my nature to up the temperature. It might be stretching credibility to say that I feel intimidated but I certainly feel on occasion a bit reluctant to come forward to speak. Time and again I hear not only the accusations from the Front Bench on the other side but also the sneers and ridicule from other parts of the Chamber when somebody rises to make a point. This is the third time that I have spoken this evening. The other two times I spoke for two or three minutes. That is hardly filibustering, dragging things out or not co-operating. It is making sure that the Bill is scrutinised and that we can come forward and point to things that we believe are wrong. There are differences of opinion—a whole host of them. There is no concerted effort from this side of the House as far as I can see. I am certainly not part of it.

I will not repeat my noble friend Lord Grocott’s quotation from the Electoral Commission. However, it quite took my breath away that the Electoral Commission—a so-called independent organisation—in effect tells Members of this House not to put forward or vote for any change because that would prevent the Government from having the referendum on 5 May. It is breathtaking and quite disgraceful. I hope that we do not get any more of that sort of comment or, quite frankly, blackmail from the Electoral Commission. I support my noble friend.

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[Lord McNally]

I will write to the noble Lord on that. It seems that one element of confusion is that we are not asking United Kingdom constituencies to make a decision—we are asking for a national vote. It will be a yes or no poll, designed on a national basis.

[Lord Howarth of Newport]

My Lords, I understand the argument about administrative convenience and, of course, that argument is not negligible. However, does the Minister not think it is important that people should know how the votes have been cast, parliamentary constituency by parliamentary constituency, on what the future electoral system for those constituencies should be? Surely that is a matter of some importance to not only Members of Parliament but members of political parties, the generality of citizens and those who seek to evaluate and learn the lessons from this campaign. This is an important consideration which should not be set aside simply on grounds of administrative convenience on the day.

[Lord McNally]

I stand by the case for administrative convenience, but the fact that there will be a national vote, not individual constituency decisions, is the important issue. In fact, I had forgotten, until the noble Lord, Lord Rooker, helpfully reminded me, that the referendum in 1975 was not declared on a constituency basis, partly because the whole point of a referendum on an issue such as this is to get a national decision. These provisions are designed to make the voting process easier and more straightforward.

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[Lord McNally]

I suspect that, again, the decision is based on administrative convenience, which is not a dishonourable reason. What we are trying to do, as I have said so many times before, is to make the procedure as straightforward as possible. I believe there was an amendment in the other place. Perhaps, when this Bill goes back to the other place, Mr Chris Bryant will put down an amendment for a constituency base.

[Lord Howarth of Newport]

Is the noble Lord really saying that it does not matter whether Members of Parliament hear the voices of their constituents, and whether Members of Parliament know what judgment their constituents have come to on this matter of what the parliamentary voting system should be?

[Lord McNally]

The noble Lord is a master at pious interventions. Members will campaign, make their voices heard and assess their constituencies. I give way to my noble friend.