Electoral Registration and Administration Bill

Debate between Lord King of Bridgwater and Lord Falconer of Thoroton

Monday 14th January 2013 Lords Chamber

[Lord King of Bridgwater]

My Lords—

[Lord Falconer of Thoroton]

My Lords, I do not know whether people think it is time to draw the debate towards a close.

--- Later in debate ---

[Lord King of Bridgwater]

My Lords—

[Lord Falconer of Thoroton]

I will take interventions when I have finished this part of my speech.

The correct approach was accurately described by the noble Baroness, Lady Boothroyd. I will embarrass her by quoting what she said in November:

“For us, of course, there is no Speaker here to make that ultimate decision”—

namely, whether we can accept an amendment—

“We all know what the Companion tells us; it has been repeated many times recently in this House. But by its very nature, it is advice that is offered to us and it is only advice; it is only expected to be taken. It is not a command, nor is it written on tablets of stone. I put it to the Leader of the House that, as there is no individual in this House to make the ultimate decision, is it not for your Lordships’ House to make that final decision?”.

I agree with the noble Baroness. It completely reflects how a self-regulating House should operate. I want to make it clear that my disagreement with the views of the Public Bill Office in no way reduces my respect for those in that office. I have the greatest confidence in them; they serve the House very well. This House should not feel anxiety about debating and reaching a decision on an issue such as this. Again, the noble Baroness, Lady Boothroyd, got it right when she described her own disagreements with the clerks:

“But I took it in what I believed to be in the best interests of the democratic process, and to provide debate on a contentious issue of public interest and concern—and the roof did not fall in”.—[Official Report, 19/11/2012; col. 1623.]

Again, I respectfully agree.

Why is this amendment admissible? Relevance is the test. The language is different from that of the other place, but the slightly different approaches would usually achieve the same result. The rules exist to ensure that amendments to Bills are properly focused on that Bill and not on wider issues. There are no legally defined limits to what is relevant in this context; they are to be garnered from the approach of the House to previous amendments. The Public Bill Office rightly advised me, when considering this matter, to look at previous amendments which had been debated without any issue as to relevance being raised by that office. I was told that that indicated what is admissible since the Public Bill Office considers every amendment for relevance. With respect, I agree with the approach of the Public Bill Office.

Noble Lords will remember the Parliamentary Voting System and Constituencies Act 2011 which introduced a new system for fixing boundaries focused primarily on the number of registered voters in any place. Throughout the passage of that Act, which for these purposes deals with boundaries and the alternative voting system and not with registration, through both Houses of Parliament, amendments were tabled and debated that sought to delay the timing of the boundary review until such time as the level of registration of voters had improved. Concern was expressed on all sides of both Houses about the undoubted fact that there were unsatisfactorily low levels of voter registration—perhaps as many as 6 million people who should be registered were not. There was no substantial dispute on any side of the House that this was a problem that needed to be addressed. Neither the Public Bill Office in this House nor the clerks to the Speaker or the Speaker in the Commons regarded those amendments as either inadmissible or out of scope. The 2011 Act contains no provisions about registration.

This Bill speeds up the introduction of individual elector registration. Currently, the position is—

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[Lord Falconer of Thoroton]

My Lords, I am not suggesting a new and revolutionary approach. There is one group of people—namely, this House together—which has a better view than the clerks. I say that because the clerks are seeking, in the advice they give, to express the will of this House. I fundamentally disagree with the noble Lord, Lord True, that this is a change in practice. It reflects exactly what has been happening for many years. I refer to the debate in 1968 where the idea that it was in any way improper to discuss it was wrong. The consequence of being a self-regulating House is that when significant issues such as this one arise, ultimately it is the House that decides them. This is a classic issue which the House should decide.

[Lord King of Bridgwater]

The noble and learned Lord keeps citing the 1968 case. Is it not true that Lord Goodman then withdrew his amendment?

[Lord Falconer of Thoroton]

He withdrew his amendment at the end of the debate, making it absolutely clear that there was no support for the idea that solicitors should become High Court judges. That was the reason he withdrew it. However, as I understand it, the Leader of the House and the noble Lord, Lord Forsyth, have said that there is some convention that you should not move the amendment. The approach of the Leader of the House in urging my noble friend Lord Hart to withdraw his amendment, and as I understand it the approach of the noble Lord, Lord True, is that the right thing here is that the advice of the clerks, which I greatly respect, is not advice but a definitive ruling against which there is no appeal.

I have referred to the fact that amendments relating to registration were allowed to the boundary changes Bill. The obvious reason for that is that, in relation to a Bill about boundaries, it was accepted that registration is a vital building block in how to fix the boundaries. It is important, when applying the rules of admissibility, to show both common sense and consistency. The thing that really matters in relation to the new—

Parliamentary Voting System and Constituencies Bill

Debate between Lord King of Bridgwater and Lord Falconer of Thoroton

Wednesday 16th February 2011 Lords Chamber

[Lord Falconer of Thoroton]

And I withdraw the word “unimpressive” and apologise to the noble Lord, Lord Hodgson.

There are two issues for your Lordships to consider. First, are your Lordships satisfied that the issue is important enough to be referred back? Secondly, has it been considered properly by the other place? On the first matter, we have had many debates on the issue, which has been described as the most important constitutional change since 1832. The Leader of the House talked about fair values for fair votes and other things like that. He did not deal—just as Mr Harper in the other place did not deal—with the issue of a derisory turnout leading to a fundamental change in our voting system. That is the importance of a threshold; that is why it matters; and that is why it is at the heart of what is left between your Lordships and the other place. It is for your Lordships to determine whether the issue is important. I certainly regard it as important, and it is not without significance that it is the last issue that stands between this House and the other place.

The second issue, which is the one most relied on by the Leader of the House and the noble Lord, Lord Hodgson of Astley Abbots, is: “Well, we’ve asked twice; now is the time to subside”. The amendment was first passed in your Lordships' House last Wednesday. It went to the Commons this afternoon. It was debated for another hour. I have not been able to access Hansard to read the debate. I have had a report from my noble friend Lord Rooker, which the House has also had, on what was said in the other place in the debate. This is an important constitutional Bill. It seems wrong that we should make our decision on this important issue on the basis of a debate that we cannot even read in Hansard, eight days after it was raised for the first time last Wednesday.

Noble Lords opposite shake their heads and say, “Let’s just ram this through now at this 11th hour”. It is for your Lordships to decide whether this is the right course for the House, whose role is not to overrule the other place but to make it think again, to say that debating it twice in one day, eight days after the amendment was tabled, is consideration enough of whether 13 per cent of the electorate voting for a fundamental change in our voting system that all noble Lords in this Chamber know would not be—

[Lord King of Bridgwater]

My Lords—

[Lord Falconer of Thoroton]

I am not taking interventions. Thirteen per cent of the electorate could pass a change in our voting system that would not be passed in the other place. Is that an appropriate basis on which to make a fundamental change? Is there a country in Europe or a developed democracy that would allow its constitution to be changed on that basis? Therefore, this is an important matter.

We do not know what the Commons said, although I am sure that we have a very accurate report from my noble friend Lord Rooker. Should the Commons think again or should we rely on that eight-day period as being sufficient? In my respectful submission to this House, if we are serious guardians of the constitution, then eight days is not enough. A debate that we cannot read is not enough, and the issue is sufficiently important for us to ask the Commons respectfully to think again. Therefore, I shall support my noble friend Lord Rooker, whose judgment throughout this whole debate has proved impeccable.

Parliamentary Voting System and Constituencies Bill

Debate between Lord King of Bridgwater and Lord Falconer of Thoroton

Monday 20th December 2010 Lords Chamber

[Lord King of Bridgwater]

Do I understand the noble and learned Lord to be actually suggesting that instead of this being made publicly available, it should be given to the representatives of the candidates so that it can be done by leak?

[Lord Falconer of Thoroton]

A lot of information is given to candidates and their representatives at the moment that is not leaked, entirely legitimately, and not made public. I would like to hear the Government’s position on this.