Assisted Dying Bill [HL]

Debate between Lord Mackay of Clashfern and Lord Falconer of Thoroton

Friday 7th November 2014 Lords Chamber

[Lord Mackay of Clashfern]

I wonder whether the noble and learned Lord, Lord Falconer, was referring to the first part as well as the second part of the amendment, although he spoke mainly about the second.

[Lord Falconer of Thoroton]

I was referring to both. Clause 1 says the applicant has to initiate it, but I want it to cover both.

Fixed-term Parliaments Bill

Debate between Lord Mackay of Clashfern and Lord Falconer of Thoroton

Tuesday 10th May 2011 Lords Chamber

[Lord Wallace of Tankerness]

I cannot readily think of one off the top of my head. However, there are enough people in the Chamber and, if there is such a mechanism, I am sure that one of them will be able to tell us. My noble and learned friend, who has wide experience, might be able to think of one, but I cannot. However, the “sunsetted and sunrisen” approach is very novel.

[Lord Falconer of Thoroton]

My recollection is that we put sunrise or sunset clauses into a significant amount of the terrorist legislation, the result being that they would continue to have an effect only if there had been a resolution in both Houses of Parliament to carry on with them. I think that that is an answer to your Lordships’ question.

[Lord Mackay of Clashfern]

With respect, that is not an answer to my question. The terrorism provisions end the Act of Parliament unless it is continued by a resolution, whereas this proposal, as I understand it, would suspend the operation of this Bill, supposing that it becomes an Act, for a certain period without repealing it. At the moment—I am willing to be taught—I cannot think of that having happened before. However, novelty is perhaps the watchword of the season.

[Lord Falconer of Thoroton]

The noble and learned Lord is right. There is a difference between an Act lapsing and not being revivable and the situation under this provision where if it lapsed for the first Parliament because it was not passed in resolution, it could be revived for the second Parliament. In practice, however, the difference may not be that great.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Mackay of Clashfern and Lord Falconer of Thoroton

Wednesday 19th January 2011 Lords Chamber

[Lord Falconer of Thoroton]

My Lords, there are five amendments in this group. The noble Baroness, Lady McDonagh, has her name to one to them. I do not know if she is going to speak to it, but let me deal with them all briefly.

The amendment tabled by the noble Lord, Lord Lipsey, says that determining the size of constituencies should not be done by reference to the registered electorate nor by reference to the registrable electorate but by reference to the whole population of the constituency. The noble Lord, Lord Boateng, is saying that there should be an upper limit in relation to constituencies, just as there is a geographical upper limit in the proposed Bill, so that no constituency should have a total population which is more than 130 per cent of the electoral quota. My noble friend Lord Grocott proposes something slightly different from the others, which is that the Boundary Commission can take into account the explicit consideration of population growth. Where there are local government areas with rapid increases in population, on the basis of the current drafting, that would only be able to be used in relation to the 5 per cent deviation on either side of the electoral quota laid down by the Bill. And the final amendment in this group says we should have regard to the census.

All of these amendments wrestle with the problem that we discussed in the previous group of amendments—namely, what is to be done about the fact that there is substantial representation? I am not in favour of determining the size of constituencies as a starting point from people other than either registered electors or registrable electors. But just as the geographical size of the constituency, based on the burden on the MP who has to get around it, determines that no constituency should be bigger than a certain size, it seems to me to be legitimate to take into account whether or not one has an exception by reference to the total population. That means you still have the electoral quota approach. I see that the noble and learned Lord, Lord Mackay, is about to intervene. I am more than happy to give way.

[Lord Mackay of Clashfern]

I think that I am right in saying the amendment of the noble Lord, Lord Lipsey, relates to the electoral quota. It cannot be right to use population as the basis for calculating size of constituency with the 95 per cent to 105 per cent variation proposed in the amendment moved by the noble and learned Lord last night—I am assuming that the Government may think kindly of it. On that basis, the numerator and the denominator have to be in the same currency: either population or electorate. You cannot have the top of the fraction as electorate and the bottom as population.

[Lord Falconer of Thoroton]

That may be right. What I understand the amendment of the noble Lord, Lord Lipsey, to do, though he must defend it, is replace both the denominator and the numerator, because he puts the total population at the top of the fraction and the number of constituencies, less the two—or now the three—at the bottom and gets to the figure that way. I am not sure that I am following the noble and learned Lord.

[Lord Mackay of Clashfern]

The figure is essentially a portion of the population, whereas once you get to the stage of calculating size of constituency with the 95 per cent to 105 per cent variation, it is the electorate that is so far used. I have not seen an amendment which deals with that relationship. Both bases of calculation have to be the same. Which is the better one, I am not saying, but they both have to be the same.

[Lord Falconer of Thoroton]

As far as I understand it, the noble Lord, Lord Lipsey, is taking U as the total population in Rule 2(b) rather than the registered electorate and dividing it by 600 minus 2, now 3. That then produces something called the electoral quota. Paragraph 2(1)(a) of the new schedule states that the electorate of any constituency shall be no less than 95 per cent of the United Kingdom electoral quota and no more than 105 per cent. I assume that we do not need as a matter of drafting to amend paragraph (2)(1)(a) because the electoral quota is simply the number of the population. Therefore, it will be assumed, I assume, that it can be 5 per cent lower than the total population or 105 per cent of it, not 95 per cent or 105 per cent of the registered electorate. The noble Lord can explain it, but I think that it is consistent. I am sure that it is clear to everybody. [Laughter.]

I am rather against that approach. [Laughter.] That is ultimately because the way that our system works is that Parliament defines who is entitled to be on the electoral register. By doing so, it is in effect defining who is entitled to participate in the process of elections. It would be wrong therefore, as a matter of principle, to seek to define constituency boundaries by reference to people, some of whom may be entitled to be on the electoral register and some of whom may not. You will therefore find, for example, that there are constituencies in particular areas—I have in mind central London constituencies; for example, the City of London as well as Kensington and Chelsea—where the population is very high and appears to be very much larger than those on the electoral register.

--- Later in debate ---

[Lord Mackay of Clashfern]

My Lords, it is clear to me that the amendment is correct. Therefore, I hope that the Government will accept it. It is simply a drafting amendment to take account of changes that have been made—and if the noble Lord is correct in his prophesying, some further changes will be made. This amendment takes account of that in an accurate way. There is no question of discretion or anything of the kind. It is simply a drafting amendment that takes account of existing changes.

[Lord Falconer of Thoroton]

I agree with the noble and learned Lord, Lord Mackay of Clashfern. My experience as a Minister was that when an amendment was passed even in opposition to the Government in Committee or at any stage of the Bill, the Government would bring the Bill up to date. Therefore, when it went back to the other place it would be a coherent Bill on which the Commons could then form a view about which amendments to accept. I completely agree with my noble friend Lord Lipsey. I hope that the Government will indicate that they will make the necessary amendment to reflect what happened earlier on today.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Mackay of Clashfern and Lord Falconer of Thoroton

Monday 13th December 2010 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, it is important to read Amendment 39A before one gets too deeply involved in this argument. Amendment 39A says that if the relevant polls are to be on different days, “this Part” of the Bill—that includes subsections (2), (3) and (4)—has effect. If the noble and learned Lord, Lord Falconer, had drafted Amendment 39A, it might have been worded differently. Unfortunately, he is not, as yet, a member of parliamentary counsel and therefore he is left to criticise what they have done. However, parliamentary counsel have not left his point out of account, as the amendment states that “this Part” of the Bill, including subsections (2), (3) and (4), will be construed in this way.

[Lord Falconer of Thoroton]

If the noble and learned Lord, Lord Mackay of Clashfern, had drafted these amendments, I anticipate that he would have drafted them differently as well. On the face of it, this drafting confronts you with subsections (2), (3) and (4) comprising a compelling combination. Amendment 39A says:

“If any of the elections … are not held on the same day”,

yet subsections (2), (3) and (4) compel them to be on the same day. I completely understand what the noble and learned Lord, Lord Wallace of Tankerness, is seeking to achieve and I do not seek to stand in his way. However, his obdurate refusal to consider doing it the obvious way—namely, inserting at the beginning of subsections (2), (3) and (4), “if they are on the same day, they will be have to be combined”—causes me confusion. I earnestly ask the noble and learned Lord to ask his officials politely and respectfully whether it would not be easier to use the same wording as that used in subsection (1) and get rid of the confusion.