Scotland Bill
Lord Maxton Excerpts(12 years, 2 months ago)
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Lord Selkirk of Douglas
My noble friend is putting into my mouth words that are not there. I am not making any such suggestion, but if he listens to what I have to say, he will see the logic of my argument. As the Prime Minister said, let us hold the referendum, preferably on a less dilatory timetable than the Scottish Government are proposing, with a single question—to that extent, I disagree with the noble Lord, Lord Kerr of Kinlochard—asking whether or not the Scots wish to leave the United Kingdom. Time should also be given for the implementation of the new powers and to see how they work. That is the answer to my noble friend Lord Forsyth.
Any moves beyond the terms of this Scotland Bill would be bound to affect the constitutional future of England, Wales and Northern Ireland, and MPs and other representatives in other professions would have to be very fully involved in any future discussions. I thought we got the balance right when we were on the Calman commission. We took an enormous amount of evidence; we considered it very thoroughly, and at the end of it all the commissioners came to a unanimous conclusion. I certainly stand by what was expressed by that commission, and I believe that all the other commissioners do as well, including the other four who are with us this afternoon.
A great many will advocate the clear merits of Scotland remaining as part of the long-standing, extremely successful partnership that is the United Kingdom. I do not believe that a unionist stance is in any way incompatible with giving support to the increased powers granted to the Scottish Parliament in the legislation that we have been debating.
I welcome the fact that the Scottish Parliament has agreed that the UK Parliament should consider the proposals in this Bill and, by passing that Motion unanimously, has given it its backing. I checked this morning, by ringing the Scottish Parliament Information Centre, SPICe, whether this had gone through unanimously, and it did; there was no vote. I say to my noble friend Lord Forsyth that that includes the Conservative group of 15 MSPs, and I welcome that.
We have before us a very significant and substantial reordering of devolution. It should be enacted in timely fashion and, in my humble opinion, the title should be kept in place.
Lord Maxton
My Lords, it was not my intention to speak on this. Briefly, it was with great pleasure that I listened to the noble Lord, Lord Forsyth, use the term “poll tax” instead of “community charge”. He actually proved the point that the Minister—who has done an excellent job, I have to say—made in the very first debate this afternoon, that if something becomes the common parlance, it should be used as the common parlance.
The real point is that there has yet again been confusion—the noble Lord, Lord Kerr of Kinlochard, did it—between devolution, the democratic process of devolution and independence. They are not the same thing. That is why, although I support what this Bill is doing, I am not sure that this is the right time to do it. I am not at all sure that we should not, first, have had the referendum on independence in order for Scottish people to make up their minds as to whether they want to be an independent country totally separate from the rest of the United Kingdom or they want further devolution. We should let them decide on that first. The second question is just a confusion. There should be one question—independence or nothing else. For me, devolution was always about democracy and not about the separation of the Scottish state.
I have to say to the noble Lord, Lord Forsyth, who made great play of the fact that he sat in the Cabinet and could talk to the Prime Minister when he was Secretary of State, that that is fine. Perhaps he could but he did not represent the people of Scotland when he did so because he did not have the majority of Members of Parliament in Scotland when he was putting Scottish legislation through.
Lord Forsyth of Drumlean
I am most grateful to the noble Lord for pointing out my role as opposition while in government. Is it not precisely because his party used that kind of language—of people not having a mandate in one part of the United Kingdom—that the Labour Party now finds itself wiped out by the nationalists in Scotland? It was a very foolish thing to do and by doing so as unionists the Labour Party undermined its own position.
Lord Maxton
That may or may not be the case. It will be shown in both the independence referendum and in future elections after that. The fact is that separate Scottish legislation was passed through this Parliament without the mandate of the people in Scotland for that legislation. If it had been part of the same United Kingdom, there may have been a case for it but it was not. It was for separate Scottish legislation passed through Parliament by a party and a Government with no mandate in Scotland to push that legislation through. There is no better example than the poll tax, which the noble Lord himself first raised.
I support what this Bill is doing but I wish that we had waited until we had had the referendum on independence so that that could be put out of the way before we move on to see what further action can be taken on devolution.
Baroness Liddell of Coatdyke
My Lords, it had not been my intention to speak in this debate but the nature of our discussion since the noble Lord, Lord Forsyth, introduced his amendment has spurred me to my feet. A lot of the debate we are having today is the debate we have been having in Scotland for the past 50 years. The argument for devolution began at the time of the Act of Union. Had the Act of Union been framed in a different way, there would have been no need for devolution. The noble Lord was Secretary of State for Scotland some years before I held that post. When he was Secretary of State for Scotland he oversaw the equivalent of 13 different government departments because of the nature of the legislative settlement post the Act of Union and the growth of Scottish legislation; namely, everything from the nature of the Scottish church to the nature of the Scottish legal system to the nature of Scottish education, and then some.
I am a committed devolutionist. I came to it rather later than some of my colleagues, such as my noble friend Lord Robertson of Port Ellen. I came through the trade union movement and looking at some of the issues that affected trade unionists in Scotland and the history of the very distinctive Scottish Trades Union Congress, which has very different origins from the Trades Union Congress. It is rooted in communities rather than in organisations and its history grew from that. Out of that I became committed to devolution.
I have to say that I have been extremely sceptical about this legislation. I do not disparage the work of the Calman commission. I pay tribute to it. In another time and place, it would have been appropriate to have this legislation. But I have to say that the people of Scotland are not remotely interested in it because there is a bigger debate. There is a more significant debate that we need to enter into. Some of it has been touched on today and it is unfortunate that, in this kind of forum, very little of it will be disseminated to the people of Scotland.
Scotland Bill
Lord Maxton Excerpts(12 years, 4 months ago)
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The Earl of Mar and Kellie
No, I do not. No matter what the noble Lord says, the Scottish Crown Estate existed. I was going to make a point about the BBC. That is undoubtedly a British, 20th century creation, and therefore the idea of a BBC Trust member for Scotland is quite appropriate, but I do not think it is right to enter into the pretence that the Crown Estate is a British institution in Scotland.
Lord Maxton
My Lords, I wonder whether I can clarify the history on this. The union of the Crowns in 1603 formed the kingdom of Great Britain. The United Kingdom was formed in 1800 when a separate treaty with Ireland was also brought in. That gets the history absolutely correct.
Lord Sanderson of Bowden
My Lords, I wish to intervene in this debate particularly in relation to Amendment 45, tabled in the name of my noble friend Lord Selkirk. The qualifications of the Crown Estate commissioner for Scotland are absolutely vital. I have a certain amount of knowledge of this, having worked with four of the most recent Crown Estate commissioners for Scotland. The most important thing to remember is that they have to have an extremely good knowledge of farming and to know the countryside inside out. I am not so keen on what my noble friend has put in about the “law of Scotland”, but I am sure that all good farmers know about that. The last three Scottish commissioners have all been practical farmers, people who know what is going on on the land. That, so far as I am concerned, is the most important part of what we are now discussing.
In the past few years, two of the recent members from Scotland have become first commissioners for the Crown Estate. However it is decided who should be the Scottish commissioner, one must bear in mind that if someone is very good, they will probably go right to the top. Although I am happy to see changes made to bring the Scottish Parliament more into the loop, if you like, we have had a good example recently. We do not need to look at the crystal, we have the book. We have these experienced men who have carried out their work on behalf of the Crown Estate extremely well. I for one would urge a little bit of caution as to how the person is chosen.
Lord Maxton
If you follow the logic of the argument that the noble and learned Lord has just put, it implies that the representative for Scotland on the board of the BBC could contribute only if the discussion was about Scotland. That is nonsense and we all know it.
Lord Wallace of Tankerness
My Lords, I shall explain. The BBC Trust is constituted in a very different way and using the expression “the BBC trustee for Scotland” makes sense in that context. The amendment would not affect the appointments process—
Lord Maxton
The noble Lord has made a very interesting point. Of course, if his second point about drink-driving is true, the penalty if you are done for drink-driving having had half a glass of wine is losing your licence. Therefore, if you have the half glass of wine in Scotland and your licence is taken off you in Scotland, does that mean that you cannot drive at all in England?
Lord Boyd of Duncansby
Perhaps I could first respond to the noble Lord’s intervention. I have to say with the greatest respect that I do not accept the proposition he is putting. In the first place, the number of cross-border journeys that are taken in relation to the entire number of journeys made in the UK is minuscule. Typically, people are caught drink driving over very short distances because they are driving home either from the pub or after having gone out for a meal. The noble Lord, Lord Steel, is not in his place, but let us say he goes from Ettrick over the border to catch his train, having enjoyed a good meal. Before he catches his train, he gets caught because over the border there is a different limit.
Lord Boyd of Duncansby
I will in a moment. The answer is that you should know what the limit is before you set out on your journey, and that should be the case for everyone.
Lord Maxton
There is another problem, if we take the example of the noble Lord, Lord Steel. If the noble Lord has a decent meal in the evening with a few drinks, and gets up the following morning and drives his car, he may then be stopped because increasingly, particularly in holiday periods, the police are stopping drivers early in the morning and breathalysing them. Of course, people are not aware of the dispersal rate of alcohol in their bodies.
Lord Boyd of Duncansby
The Highway Code is quite explicit: you should be aware of the amount you have drunk the night before. I had people around for a meal recently. They were not driving, but when I offered them another drink, they said that they could not take it because they would be driving the following morning. That is sufficient for me. With respect, I get the impression that people are more and more aware of both the drink-driving limits nationally and the necessity of ensuring that they do not drink in the evening if they are going to be driving the next day.
Lord Wallace of Tankerness
Yes, it is the Secretary of State for Transport—I hope that I said “she”—and that would be the case. There are regular revisions of the Highway Code. As I might have said or was about to say, Scottish Ministers were consulted during the last revision and it is intended that they will continue to be consulted.
It would not be helpful to have two separate editions of the Highway Code. I think I am right in saying that one contributor to the debate strongly urged that we should not have a tartan edition of it as well. It was the noble and learned Lord, Lord Boyd of Duncansby. There should be one edition of the Highway Code, but of course it should reflect the differences that are there, and there is indeed a mechanism for doing that. The Government are therefore of the view that an amendment providing for an update to the Highway Code in the Scotland Bill is unnecessary.
Again, with regard to driving tests and the content of regulations, changes made to speed limits are somewhat parallel. Section 195 of the Road Traffic Act 1988 already requires consultation with representative organisations prior to making regulations relating to the driving test. This would include the Scottish Government. I understand the point that questions in the driving theory test about speed limits and drink-drive limits should reflect any new Scottish limits. As with the Highway Code, the driving theory test is regularly updated and significant changes to road traffic legislation can be included. Like the Highway Code, currently the content of the test is not a matter for legislation. To start adding specific requirements as to what the test must reflect, which may be subject to change in the future through primary legislation, would be inappropriate.
Nevertheless, I accept that important points have been made about driver awareness of any changes across the United Kingdom. To that end, I confirm that it is standard practice for the Scottish Government to be consulted when changes are proposed to the driving test. The theory elements of British driving assessments are already amended to reflect legal changes with substantial effects on what is covered in the assessments. I confirm that a change to the national road speed limit or the drink-drive limit, whether it were across the remainder of Great Britain after the transfer of power or in Scotland, would be such a change and would be reflected.
Lord Maxton
I have one small question. I take the point about local authorities imposing speed limits as they wish, but motorways of course come under the Highways Agency. If I am right, and if there is therefore a variation in a motorway speed limit, as there can be—there is, for instance, on the very good new M74 through Glasgow, where a 60 limit goes down to a 50 mile an hour limit—who imposes that? Who is consulted, and who is putting that speed limit on?
Lord Wallace of Tankerness
My Lords, motorway maintenance, for example, is certainly devolved to the Scottish Government. I rather suspect that the motorway speed limit is set under UK legislation. If I am wrong, I will either clarify it before the end of this debate or write to the noble Lord, either to confirm or to clarify. I certainly know that the maintenance of the motorway network is a responsibility of the Scottish Administration.
The amendment which noble Lords opposite also propose would require the Scottish Ministers and the Secretary of State to jointly make regulations governing the enforcement of the alcohol limit for driving if the limits in Scotland and England differ.
Lord Martin of Springburn
Just for the sake of facts, I should point out that my noble friend travelled the world before he became a Minister. [Laughter.]
Lord Foulkes of Cumnock
I thought that the noble Lord, Lord Martin, was a friend of mine—I shall see him afterwards. But he is absolutely right. That was because I was an opposition spokesman on foreign affairs, defence and international development for 13 years.
It is important for the purpose of the argument and for this amendment to deal with when I was a Minister representing Her Majesty's Government. Even then, my private secretary had to submit proposals for travel. It was co-ordinated by the Foreign Office and there was some logic in that. But for three Ministers from different departments suddenly to turn up in the same capital at the same time, with each not knowing that the other would be there, could cause chaos and make us look inefficient and stupid. There needs to be some co-ordination; it is a practical matter.
Of course, the First Minister thinks that he is too grand. He thinks that he can do whatever he likes because he wants to pretend that Scotland is effectively independent at the moment and, therefore, there is no accountability to the United Kingdom Government for anything. At the very least, he should consult the Foreign Office before he and other Ministers go overseas to make sure that there is not a clash.
Lord Foulkes of Cumnock
The noble Lady, Lady Saltoun of Abernethy, is absolutely right. The amendment was written rather hastily. It could benefit from that redrafting and it could benefit from the redrafting that my noble friend Lord Browne suggested to me privately—it is not private anymore, I know. If we were to discuss it further on Report and I was to table it again, it would certainly incorporate changes of that kind.
Lord Maxton
My Lords, perhaps I may marginally disagree with my noble friend’s answer to the noble Lady. There may very well be different Ministers for different occasions. If, for instance, we were dealing with fishing and the Scottish Minister wanted to travel as part of a delegation or whatever, it might be different. It would not necessarily be the Foreign Office he would be dealing with; it might be the Minister for Agriculture and Fisheries. Therefore, my noble friend may very well be right in proposing the words “Minister of the Crown”, because it could depend on which function was being undertaken.
Baroness Liddell of Coatdyke
My Lords, it was not my intention to intervene on this amendment but I could not quite resist it. On a couple of occasions this afternoon I have felt great sympathy for my namesake, Alice Liddell, who wandered through the looking glass, particularly when we were discussing the variation in speed limits on border roads. However, I began to feel that too when listening to some of the remarks of my noble friend Lord Foulkes—not least his point about Rangers Football Club. I think I shall try to make a point of being elsewhere when we come to that bit of the debate.
However, there is a serious point behind what my noble friend has alluded to in his amendment, although I am glad that he has drawn attention to the fact that its wording might not be as effective as it might be. Despite the enormous elephant in the room of the debate in Scotland about the future of secession or separation, we have to remember that this legislation is about the operation of Scotland within a devolved arrangement—in other words, within the United Kingdom. There is an important point about the consistency of foreign policy and how that foreign policy is articulated in other parts of the world.
I have been at the receiving end of Scottish Ministers popping up in other parts of the world and, frankly, it is a matter of walking on eggs. There are some very serious issues confronting us at the moment, not least in relation to Syria. We have just seen the difficulties in Libya and we also have to bear in mind that it was Mr Salmond who called the intervention in Kosovo an act of “unpardonable folly”. That kind of mixed message on British foreign policy does not help anyone, particularly those who are in international delegations seeking to convince the world to go in a particular direction. It would be a sign of the maturity of the devolved settlement if the Scottish Government were prepared to enter into a mature debate with the Foreign Office over areas where there are issues of interest in relation to foreign affairs. The Scottish Government, particularly under my noble friend Lord McConnell, have done a considerable amount in Malawi. That is an excellent example of intervention, particularly given Scotland’s history in relation to Malawi and the very strong ties between Scotland—particularly the University of Glasgow—and Malawi. These initiatives are of great value, but freelance activity is not helpful to the dissemination of British foreign policy.
I am hoping from the tenor of what my noble friend has said that it is his intention to withdraw the amendment. However, I do not think that the sentiment should be completely lost that there is a sound reason for a degree of co-ordination and, indeed, for a co-ordinated foreign policy. Every one of us in this place and in the House of Commons who travels abroad representing Parliament has a self-denying ordinance not to criticise our Government or our country. It would be quite helpful if some of the devolved Administrations within this country also acknowledged that convention.
Lord Kerr of Kinlochard
Yes, but the innuendo today was that they must not be allowed to talk to foreign Governments because they would try to persuade them in some way to leave NATO. That is a big jump. Of course it is in the Scottish National Party manifesto; we have all read it. However, again in this debate, I have been worried by the splendid attack of the noble Lord, Lord Foulkes. He said that he is up for the fight. It is easy to have this kind of fight when the opponent is not in the ring. We ought to be careful about insulting somebody who is not here. I am happy to be insulted because I am here. However, the fight should be conducted out there on the hustings. Here, we should try to avoid insult and innuendo.
Lord Maxton
To be fair—and not even to be fair—the fact is that the Scottish nationalists are not here through their choice, not through the choice of the House. If they wanted to be here, putting their case, they could be—instead of relying on the one Welsh nationalist in the House.
Lord Kerr of Kinlochard
It may well be true that it is their choice. If so, it is a great mistake. I hope it is the view of all in this House that it would be very good if they were here. While they are not here, we should try to avoid insult. It does not do us any good when our debates are reported in Scotland.
Lord Steel of Aikwood
My Lords, the two noble Lords who have spoken on this section have made one point with which I very warmly agree—that we are now coming to the real meat in this Bill. This afternoon we were dealing with what I call “tinkering devolution”. This is not tinkering—it is much more serious. I want to draw the attention of the House to the fact that, since the last day we discussed this Bill, there has been a very important development with the Prime Minister’s visit to Scotland and the announcement that he made. He said that if we turn down independence in a referendum, the door would be open to better and greater devolution of powers to the Scottish Parliament. One of the problems with Mr Cameron—and, indeed, with Mr Miliband and Mr Clegg, too—is that they were all at primary school in 1979, when a similar promise was made by Sir Alec Douglas-Home. That was never fulfilled, as we oldies well recall.
My submission to the House today is that the circumstances today are quite different from those in 1979. Alec Douglas-Home was an honourable man, but he was not in a position to influence Prime Minister Margaret Thatcher’s hostility to devolution. One reason why the Secretary of State, Michael Moore, is absolutely right to argue for a swift decision on independence is that we could then have two years left in this Parliament with David Cameron as Prime Minister to fulfil his promise, even though Alex Salmond does not like it.
Talking of Alex Salmond, I want to pick up on what the noble Lord, Lord Foulkes said earlier. Those who criticised Mr Salmond for his abusive rhetoric towards a BBC producer a couple of weeks back were, I submit, rather missing the point. I have to admit that I both admire and like Alex Salmond. You could put that down to prejudice stemming from our common youth in Linlithgow, where I first saw him as an angelic choir boy in my father’s church. That is not an adjective that I have heard applied to him in recent times. But admiring or liking him does not mean agreeing with him. When I switched on my television on that Saturday afternoon to watch that dreadful Calcutta Cup match, the last thing that I wanted to see was the First Minister popping up to give us his inexpert views. He should be concentrating on governing the country and not looking for camera calls wherever he can. What I admire about him is his chutzpah—but it is also slightly worrying, because there is a touch of “L’État, c’est moi”, as Louis XIV of France was reputed to have claimed. We are told by some people that to be anti-SNP is to be anti-Scottish. It is time that they understood that the rest of us actually resent being told that to be pro-Scotland you have to be pro-SNP. That is not the case.
I have been told by other broadcasters that the Salmond rugby experience was not unique for them and that the SNP heavies have made more regular calls and complaint to newsrooms than all the other political parties put together. That runs at times close to intimidation.
Lord Maxton
Does the noble Lord not think that the strangest thing about that whole incident was Alex Salmond complaining that the BBC was somehow biased against him. I suggest that anybody who listens to “Good Morning Scotland” as I do on a fairly regular basis every morning would know that the exact opposite is the truth.
Lord Steel of Aikwood
I was going to go on to say that we are actually seeing a trend towards the attributes of a one-party state, where news bulletins are led by stories of what the dear leader has been doing today. That is a real danger.
There is also the question of vagueness of what independence really means for us financially. Until recently, the official position of the Scottish National Party was in favour of joining the euro, until the problems of the eurozone suggested instead that there was safety in keeping sterling, presumably with all the Bank of England controls. Some independence, that—not for them, apparently, the genuine independence of the Irish punt or the Danish kroner.
On the subject of Denmark, a former Foreign Minister of that country is a good friend of mine and a fishing companion. There was one occasion when the two of us went fishing in Iceland as a guest of the Prime Minister. My respect for them and their countries does not lead me to wish to see a Scottish Foreign Minister with similar limited global influence. I would rather have Scots such as Robin Cook and Malcolm Rifkind, both of whom I disagreed with but who wielded strength as Foreign Ministers of the United Kingdom. That is the proper role for Scots in future.
I am so glad that the noble Lord, Lord Martin, mentioned Trident, not in the context of defence policy but in that of economic and financial policy. The SNP’s little Scotland approach is best seen in its attitude to the Trident missile programme. We Liberals were never in favour of the so-called independent nuclear deterrent in the first place, and we do not wish to see it replaced. The SNP said that it would remove the base from Faslane to have it anywhere so long as it is south of Carlisle. My view is that until we succeed in getting rid of it altogether, it might as well stay where it provides many jobs and helps the Scottish economy.
I still believe that most Scots would like to see maximum devolution consistent with common sense, and I think that the noble Lord, Lord Forsyth, was right in describing opinion polls. That means substantially greater financial powers than in the clauses that we are now discussing. I regard this section of the Bill as only one small step in the right direction. It is not a new view of mine or one occasioned by the rise of the SNP. When I took office as presiding officer of the Scottish Parliament, I argued from day one that no self-respecting Parliament can exist permanently on a grant from another Parliament and that we should move to the point where the Scottish Parliament has the power to raise the money that it spends on all these devolved issues. This Bill is a significant but small step in the right direction.
Lord Sassoon
If my noble friend would bear with me, we will get to this point and to other points he has made. If he wishes to repeat the points he has made previously, he can do so ad nauseam. However, I say to him respectfully that we have got the point loud and clear, and I will come on to it. As the noble Lord, Lord Browne, pointed out, the genesis of this power is in Calman. It is a power that has been debated and approved of by committees in another place in this Parliament, as well as in the Scottish Parliament—but I will come back to that. My noble friend completely mischaracterises the debate so far over this power to create new taxes.
We are discussing a number of amendments to an important clause, and I should therefore make sure that we are clear about the architecture of it before I come back to the heart of the arguments. Clause 28 inserts new Sections 80A and 80B into the Scotland Act. New Section 80A provides an overview of the new taxation provisions. New Section 80B introduces a power to add new devolved taxes to those devolved by Clauses 33 and 35, and makes certain consequential provisions applicable to devolved taxes.
Amendment 51A, tabled by the noble Lord, Lord Sewel, would remove new Section 80B. The amendment of my noble friend Lord Forsyth of Drumlean seeks to remove devolved taxes altogether from the legislative competence of the Scottish Parliament, thereby preventing it from legislating on all tax matters besides local taxes. The amendment tabled by the noble Lord, Lord Browne of Ladyton, and the noble and learned Lord, Lord Davidson of Glen Clova, would provide approval of the criteria and procedures under which new taxes will be considered for devolution by this Parliament before the power could be used.
I propose to outline briefly why the financial aspects of the Bill introduced in new Section 80A, and which I stress my noble friend Lord Forsyth’s amendment seeks to remove, will raise the accountability of the Scottish Parliament and benefit both Scotland and the UK as a result. I very much note what my noble friend Lord Steel of Aikwood said about the importance of accountability. After I have dealt with those issues, I shall address in more detail new Section 80B, the subject of the amendment of the noble Lord, Lord Sewel, and the arrangements that we propose for the approval of new taxes—the subject of the amendment in the name of the noble Lord, Lord Browne, and on which he seeks assurances. That is a critical element of the construct to which other speakers in this debate did not give proper weight.
New Section 80A introduces the finance clauses in the Bill. It grants significant positive new powers to Scotland, and I should outline the measures in the clauses and why they represent such an important and beneficial step for both Scotland and the UK as a whole. The Scotland Act 1998 specifies that tax policy, aside from local taxes, is outside the Scottish Parliament’s legislative competence. The changes made by the Bill that are introduced in new Section 80A will amend the Scotland Act to enable the Scottish Parliament to legislate on certain devolved areas of tax policy. The changes will give the Scottish Parliament a real stake in Scottish economic performance because a significant proportion of the budget for public services in Scotland will come directly from taxes set and raised in Scotland. Some speakers have suggested that it would be appropriate to go much further, but we are taking a significant step here. It will enable the full devolution of stamp duty, land tax and landfill tax and enable the Scottish Parliament to legislate for a Scottish rate of income tax.
Lord Maxton
My Lords, I am not very clear about the Scottish rate of income tax. I am a Scot; I live in Scotland—that is where my home is—but I am paid a pension by Parliament which comes from Cardiff. How does that become part of that? It is paid directly into my bank; as far as I know, they do not need to know where I live; so how do I get income tax variation for Scotland alone?
Lord Sassoon
If the noble Lord will forgive me, we are coming to income tax under the next clause. I am sure that we will come back to that extensively and properly later. This is the enabling clause that enables the setting of the Scottish rate as well as the focus of the amendment on the power of the Scottish Parliament, with the agreement of this Parliament, and subject to safeguards—to which I shall come—to introduce new taxes.
I hope that the Committee will agree with me and the Government that these changes will enable the Scottish Parliament and the Scottish Government to respond better to the evolving needs of Scottish society and the Scottish economy; and that they will increase the Scottish Parliament’s accountability, as its decisions on public services will be directly related to decisions on Scottish taxes.
I see that the noble Lord, Lord Foulkes of Cumnock, is nodding in agreement; I hope that that will continue right through this section of the Bill. No, he is saying that it will not; no doubt we will come back to football clubs and other matters later, but we agree so far.
Thirdly, these changes will bring decision-making over the issues that affect them closer to the Scottish people, which we believe is appropriate. New Section 80B will create the power for the Scottish Parliament to introduce new taxes, subject to the agreement of both Houses in this Parliament. The noble Lord, Lord Sewel, was quite right to draw attention to the approval process. He seems to want to draw it even more tightly but, on the other hand, he points out—partially in answer to my noble friend Lord Forsyth, who seems to think the approval process to be woefully inadequate—that the clause states that it must have the agreement of both Houses in Parliament, which is not necessarily the case with all taxes as it stands at the moment.
Scotland Bill
Lord Maxton Excerpts(12 years, 5 months ago)
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Lord Foulkes of Cumnock
I was commending the noble Lord, Lord Forsyth, and David Cameron earlier for not being party political in terms of support for the union and for not looking for party advantage. As the noble Lord, Lord Stephen, will find out, I am doing the same in relation to this. I will come to that in a moment.
We were told by the architects—it is coming back to me now. It was not the noble Lord, Lord Steel, who was guilty, but probably Henry McLeish who was the architect; he is the guilty person. If he is not, he is getting blamed for it now, but I am sure that he is.
Lord Maxton
Some of us on the convention argued for first past the post under any circumstances. The then leader, Donald Dewar, agreed as a compromise to try to accommodate the Liberal Democrats, and one or two others, that there would be a proportional system. Some of us would still have much preferred a first past the post system.
Lord Foulkes of Cumnock
That anticipates another point. Whoever was the architect—I think that it was Henry McLeish and others of his ilk who said, “This system will never produce an overall majority for any party. Be reassured. Don’t you worry”. Look what we have—less than 45 per cent of the people who voted in that election voted for the SNP, yet it has a relatively substantial majority in the Scottish Parliament. It does not work. When I asked one of the other people, who I will not name, and who I have just remembered was also one of the architects, why this came about, he said, “Because the system is weighted in favour of the rural areas”. That was deliberate—not to ensure that nobody got an overall majority but that Labour did not get an overall majority. It was not done for party political advantage.
Like my noble friend Lord Maxton, I argued for first past the post. I am still arguing for it and will fight to keep it for the House of Commons. I know that some Members opposite will join in that fight. Let us keep it there; I wanted to have it for the Scottish Parliament, but we did not get that. I would like to have a review to go to first past the post but, to use a phrase that was used earlier in another context, the genie is out of the bottle, and I do not think that we can go back. I agree with the noble Lord, Lord Stephen, that if we are to have a proportional system and we have single transferable voting for local government, there is a logical case to have the same voting system for the Scottish Parliament and local government. It would simplify things. I am not advocating this but simply saying that there is a logical argument in favour of it that could be put to the commission that will be set up.
I would also argue that one dreadful thing that has happened is the way in which we now have completely different boundaries for Westminster, Holyrood and local government. It is confusing everyone. In Wales they hope that with the revision of Westminster boundaries they will get them to coincide again. I hope that something will be done in Scotland to get the boundaries to coincide again. Let us say that the commission was convinced by the arguments for the single transferable vote. We would then have a simplified electoral system, with two elected levels having the same system. If we could get the boundaries more contiguous, we would make things simpler for the electorate and do a great service.
I look to the Minister when I say that I hope that some consideration will be given to this. A lot of time has passed since the Scottish Parliament was set up. Many people have suggested a review. I had been led to believe in the corridors and the Lobbies that the Government were looking at this and moving in this direction. I hope that they will move relatively quickly, and I hope that the Minister will be as sympathetic as he was in his answers to my previous amendments. I beg to move.
Lord Steel of Aikwood
My Lords, unlike the noble Lord, Lord Browne, I will show some gratitude to the noble Lord for his very good party on Saturday night by supporting the amendment that he moved. My serious point is that he was right to say that we were promised, at the time that the Scotland Act passed into law, that there would be a review of the election system after a couple of Parliaments. This has not happened and I hope very much that, whether or not we agree the amendment, there will be such a review.
I would support a review for four brief reasons. First, there is the question that we discussed, and that I will not repeat, about the clashes between regional Members and constituency Members. Despite what my noble and learned friend said earlier in debate, I know for sure that it has been a problem in some areas. The second reason is the one the noble Lord referred to just now. Since the Scotland Act came into being, we have changed the electoral system for local government. People are now familiar with STV, which they were not at that time when my noble friend and others were pressing for it to be adopted in the Scottish Constitutional Convention.
I come to my third reason. I used to be a very strong supporter of first past the post. Partly because I was the only Member of the House of Commons who represented three counties, I felt very strongly about the relationship between a Member and his constituency. However, the way the Boundary Commission has operated in Scotland—not just in creating differences between Scotland and Westminster but within Scotland itself—is extraordinary. Constituencies no longer represent communities but arithmetic. For example, a chunk of Midlothian was thrown into the Borders at the last election, despite the fact that a public inquiry had stated that it should not happen. The old first past the post basis under which one represented a community has gone, because of the obsession with representational arithmetic rather than communities.
The fourth and final reason why I support an inquiry is that we now have in Scotland no fewer than four election systems that we invite the electorate to indulge in. We have first past the post for Westminster, a party list system for the European elections, STV for local elections and a regional list system for the Scottish Parliament. I cannot think of any democracy in the world where there are four different systems for different elections.
Lord Maxton
Of course, if the Government that the noble Lord supports have their way, we may well have a fifth system for elections to this place.
Lord Forsyth of Drumlean
I will take that as a speech in favour of first past the post. I should declare an interest because the first election I won was for a Labour ward on Westminster City Council. Of the three candidates, I was the only Conservative who was elected and I am sure that it was because my name began with F. That is certainly a good point to make.
Lord Maxton
Of course, we know the system that was described in Scotland. In 2007, the name on the list was Alex Salmond for First Minister. Therefore, it was not the party but his name, which begins with an A. Let us remember that he won by 47 votes in one seat in Scotland, which gave him the largest single party in Scotland. Perhaps we already know the system.
Lord Forsyth of Drumlean
I wish that I had been sharp enough to have worked that out in response to the noble Lord, Lord Empey. All parties look at this issue from the point of view of party advantage. If you are going to set up a commission to look at this, it has to be clear of the political parties but, ultimately, it has to be agreed among the political parties.
One of the most remarkable things that I have seen in politics was the Labour Party in control of the Scottish Parliament introducing the single transferable vote for local government. It destroyed the Labour Party’s hegemony in Scotland. It was an act of supreme self-sacrifice, which was clearly thought through in the interests of wider democracy—I am sorry but my tongue was stuck to my cheek. We have ended up with four systems, as the noble Lord said. I defy most candidates of all parties, if they knock on a door and ask, “Could you explain to me each of the electoral systems and how they work?”, to get an answer that has any degree of confidence or accuracy. The whole thing has become ridiculously overcomplicated.
The point about constituency boundaries goes to the heart of this idea of representation. The noble Lord, Lord Steel, says that we have lost all that. No, we have not. It is true that the reform of the House of Commons and the parliamentary constituencies Bill took not enough account of this very important reason. But it strikes me that we have 129 Members of the Scottish Parliament, which seems somewhat excessive. Looking at the numbers it would be possible to bring more logic, more coherence and more relevance to the people of Scotland. Moreover, if one is going to look at the electoral system, one ought also to look at the size of the Parliament and its relationship to Westminster and other bodies.
This is an excellent amendment which I do not suppose the noble Lord will press to a vote but I hope that, in responding, my noble and learned friend will consider how this can be dealt with, because there is no doubt that it is damaging to have all these systems operating in Scotland in a way that is not in the interests of the important relationship between elected representatives and their constituents.
Scotland Bill
Lord Maxton Excerpts(12 years, 10 months ago)
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Lord Maxton
That, of course, is not what the Scottish National Party wants. It wants an independent, separate state established as Scotland. It is not really interested, although it may demand it, in more powers for a Scottish Parliament.
Lord Wigley
I appreciate that that is the position of the SNP. I do not think it has been in any way coy about it. I do not believe it has ever shied away from making it quite clear that independence is its objective. One may or may not agree with that, but that is its position.
Lord Maxton
The fact is, however, that it never tells us exactly what it means by the term “independence”.
Lord Wigley
Let me make it clear that if I used the term “independence”, I would not use it in the way that UKIP uses it—wanting to pull out of Europe and believing that you cannot be independent without being a state with a wall around it. I believe there has to be co-operation between independent countries and within frameworks such as the European Union. Indeed, there has to be co-operation within these islands, but that relationship may be a new relationship.
The reason I was pointing out the speech made by Sir John Major was that it should be relevant to the parties opposite. It should be relevant that their former Prime Minister made a far-reaching proposal that may well be relevant in the context of what the noble Lord, Lord Lang, spoke about earlier in this debate, and this should be considered.
Lord Maxton
My Lords, when I saw what my position was on the list of speakers, and recognising the lateness of the hour, I was tempted to start by saying that everything I want to say has already been said and that I will therefore not make a speech at all. However, I decided against it.
I have been a supporter of devolution for a long time. Throughout the whole of my parliamentary career I have campaigned for it. In fact, if noble Lords look back through history, they will find that my uncle, Jimmy Maxton, was one of the signatories to the 1924 Private Member’s Home Rule Bill for Scotland, introduced by one Geordie Buchanan; so even the family history, let alone my own, is good on it. I have always supported devolution because it is part of the process of moving to a more democratic state, where decisions are taken by people at the appropriate level for them to be taken. Therefore devolution for Scotland was right. When my noble friend Lord O’Neill started attacking the noble Lords, Lord Forsyth and Lord Lang, I thought he was going to attack them because they did push the whole question of devolution forward.
During the 1980s, there was an increasing democratic deficit in Scotland whereby legislation could be introduced down here without having a majority of Members in Scotland. In fact, over the years, there was a decreasing number of Members in Scotland. Of course, the introduction of the poll tax, for which both noble Lords can take some responsibility, was probably the thing above all that pushed people in Scotland to accept that there had to be a better way of running their affairs in Scotland. Devolution did not start in the 1970s. Arguably, it was started in 1885 with the introduction of the office of Secretary of State. Bit by bit, over the years, there has been a gradual increase in the number of things that Scotland has been allowed to do—separate Scottish legislation, the Grand Committee, and the Grand Committee meeting throughout Scotland, which the noble Lord, Lord Forsyth, introduced. All that has been part and parcel of the process of increasing democracy.
When my late good friend Donald Dewar said that it was a process, not the end, I am sure he meant that it was part of a democratic process that had to go on. In Scotland, we have not shifted democracy further down to the levels where people ought to be taking more decisions—in their own societies and communities. Nationalism has stopped that. Nationalism has been the enemy of the democratic process, not its friend. That is not because the SNP is an undemocratic party—I believe that it believes in democracy. The problem has been that every time anyone suggests that there should be some form of change to the democratic process—more devolution, more powers to Scotland—the SNP says that this is yet one more step towards independence. That is wrong; we must not allow that. That is why, in my view, the SNP and nationalism have been the enemy of democracy. That has also stopped us saying that some things might be better done taken away from the Scottish Parliament and given back to the British Parliament or to the European Parliament. There is a whole broad band of things that we might look at, but we do not look at them properly or logically in a democratic way; we look at them in terms of how they relate to nationalism and the SNP's agenda. That is wrong.
Therefore, we ought to be doing three things. First, we ought to be arguing the case for the union as strongly as we can. My noble friend Lord McConnell of Glenscorrodale—I am the only person who knows where Glenscorrodale is and has been there—who is not in his place at present, was quite right when he listed the organisations that had to make the case. He missed one out, which is the most obvious. We must persuade the Scottish media to be prepared to listen to our arguments and not just those of the Scottish National Party. I wrote at least three letters to the Herald during the election campaign; the Herald refused to take them because it said that they were too political.
Lord Maxton
Yes, quite. We have to get that case across. My first point is that we must make the case for the union, because there is a very good case to be made. Secondly, we must ask the SNP why it wants us to separate. What is the case for independence? If we look at history we see that various things divide people from people and make them say, “That is why we want to be separate”. Language is one. We have the same language. Religion is another. Scotland may be divided by religion, but Scotland and England are not divided by religion. Another is difference over boundaries. There is no natural boundary between Scotland and England. I remember that when I used to go north as a child with my father and we crossed the Solway he used to say, “We are now in Scotland”. If you drive that road now, you will see that the sign that says, “You are now in Scotland”, is at least a mile and a half further up the road from the Solway, so even that is a movable feast. You could not set up a frontier or boundary between the two countries. There is no natural divide.
What divides us? History, which the SNP distorts the whole time. The SNP refers to Bannockburn as if somehow it was a great victory for the Scottish people and somehow makes Bonnie Prince Charlie into a great nationalist hero. If Bonnie Prince Charlie wanted to be the King of Scotland or to put his father on the throne in Scotland, he could have done it. Why did he march south into England and get defeated? He did not want the throne of Scotland but that of the United Kingdom. History is the one thing that possibly divides us—but only just. The other is sport.
My noble friend mentioned that he was at Hampden singing “Flower of Scotland”. I have to beat him at that. I was at Murrayfield in 1990 when David Sole marched out and Scotland won the Grand Slam. We all sang “Flower of Scotland” and I was among them singing heartily. I accept that I was singing the words printed in the programme and did not know them off by heart, but I was singing them heartily. I support Scotland when it plays. I will also support the British team when it takes part in the Olympics next year. I even support Europe in the Ryder Cup. It depends on what the sporting occasion is as to where my support will lie.
There is no divide, so the SNP has to tell us why it wants us to split away from the rest of the United Kingdom. I am in some ways typical in this.
Lord Wigley
The one area that the noble Lord has not touched on is the possible difference in social aspiration. England and London are overwhelmingly Conservative and Scotland is not. Is he happy that Scotland should be governed perennially by right-of-centre parties when his own country does not espouse those values?
Lord Maxton
Those may be the social aspirations in London but I am not at all convinced. Certainly in several elections recently, the Labour Party has had a clear majority of Members of Parliament from London. Equally, the social aspirations of the people of Manchester are very similar to those of the people of Glasgow, as are those of the people of Newcastle to those of the people of Edinburgh, Glasgow and elsewhere. Those are the aspirations of the urban working class as opposed to the rural working class. The aspirations of people from the highlands are different from those elsewhere.
The third thing that the SNP has to do is say what it means by “independence”. If you look at its own Scottish National Party website, it still does not tell you what it means. I have always assumed that it wanted to establish—I will not use the word “separate” because I gather it objects to that—an independent nation state on its own, with its own social security system, army, ambassadorial services around the world, a taxation system that is totally separate from ours and a currency, unless it wishes to be in Europe when Europe will tell it that it has to adopt the euro. I always thought that that was what it meant. It now seems to want to fudge that. It is constantly fudging what independence means. To me, it is clear cut; that is what it means.
I do not know whether I, as someone who comes here and has a flat in London, will have an English passport or a Scottish one. Presumably, when you come from Scotland to England and it is a separate state, you will have to carry a passport. Some people say that that is how it is in Europe. I have to carry a passport if I go to France, Germany, Spain or Portugal—all parts of Europe. What is so different in that? Does it want that or does it just want devolution-max? No, it does not want that. Its own supporters hate the English so much that they want an independent, separate state. It is time that we demanded that the SNP tells us exactly what it wants an independent Scotland to be and what it means by that term. That is why, although I give the Bill a cautious welcome, I will consider some details at considerable length in Committee in the coming weeks.
Fixed-term Parliaments Bill
Lord Maxton Excerpts(13 years, 3 months ago)
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Lord Wallace of Tankerness
They could if they commanded a majority in the House of Commons. It would require them to face the House of Commons and command a majority there. It is no good for the noble and learned Lord, Lord Falconer of Thoroton, to say, “Well, we have these two situations, as happened with Mr Baldwin in 1924, and somehow we have to find a means for that to happen”. This provision tries to find a means by which that could happen. He may say that this is not the best means of trying to do that; I have not yet heard from him how he would seek to do that, given that his party also believes in fixed-term Parliaments and does not believe that they should be rigid. If he thinks that there should be a mechanism for a Government to resign and a new Government to be formed without an election, we would certainly be open to hearing how he would devise the means by which that could be done. It is certainly not done by the amendment to which he put his name, moved by the noble Lord, Lord Howarth.
On the amendment tabled by the noble Baroness, Lady Hayter, with regard to the period of 14 days, as my noble and learned friend Lord Mackay of Clashfern said, with the devolution settlements a period of 28 days is allowed for a new Government to be constituted after a Government in Scotland or Wales lose a vote of confidence. We took the judgment—and I accept that it is a judgment—
Lord Wallace of Tankerness
I am sorry, but I have been very generous. It is important that we make progress.
We took the judgment that 14 days was the appropriate time to allow for another Government to be formed. I pick up on the point made by my noble friend Lord Newton of Braintree, who said that more than five days might have been better in May last year. I leave that thought hanging. We have a culture here of doing it in one day, with the pantechnicons rolling up into Downing Street and furniture being taken out. That may not be healthy, particularly if we are in a situation where there may well be more elections that do not produce an outcome with an overall majority for one particular party.
The position with the devolved Administrations is not always comparable, but I simply reflect that in 1999, after the election to the Scottish Parliament, there was a situation where no party had a majority. The pressure on those of us who were negotiating to try to establish a Labour-Liberal Democrat coalition was quite intense for that to be done in a relatively short period time. By the time of the 2003 Scottish election, where again there was no overall majority, there was not the same pressure. We were able to deliberate longer before finalising a coalition agreement; because of our experience in 1999, we had changed the expectation, as it were. I believe that is what would happen, as there would be a change of expectation and there would not be the same level of pressure to rush into an agreement. As my noble friend Lord Newton indicated, places like Germany seem to take a bit longer than we do without necessarily causing great upheavals there.
That is why we took the view that 14 days was right. It is not just 14 days to establish a Government but 14 days during which a new Government would have to be established and a vote of confidence in that Government to have been passed by the other place. Therefore, it is not simply the formation of a Government. It could well be that during that period of time it became blindingly obvious to everyone that no Government would be formed. In those circumstances the sensible thing might be to have a dissolution motion, agreed by all parties, so that an election could be triggered rather than waiting the 14 days. Equally, if a new Government were formed very promptly, we would not have to wait 14 days either for that period of relative uncertainty, as it was described, to be over.
As the noble Lord, Lord Clinton-Davis, who is no longer in his place, pointed out, in 1979 there was a period of five weeks before the Government were defeated. The point I would make is that, in trying to arrive at the 14 days, we wanted to look at the fact that there was a period then, and there would also have to be an election period after it. We did not want to make it too long, but equally we felt that too short a period might not allow the appropriate level of time. A balance has to be struck. I take the point made by the noble Baroness, whose Constitution Committee did not make a political judgment; nevertheless its constitutional judgment was that the Government got it right constitutionally in allowing a period of 14 days.
A similar amendment was considered in the other place, where I think it was defeated overwhelmingly. Indeed, Mr Chris Bryant indicated that he was very much with the government Front Bench on the matter. I think that the amendment would lead to restoring the power of the Prime Minister to trigger a general election when he or she wished it to happen through a vote of no confidence. The noble and learned Lord, Lord Falconer of Thoroton, expressed concern that even with the 14 days that could happen. I believe it could happen even more easily with the amendment proposed by the noble Lord, Lord Howarth. That would drive a coach and horses through the principle of having a fixed-term Parliament and taking away the power from the Executive. Therefore I urge him to withdraw his amendment.
Parliamentary Voting System and Constituencies Bill
Lord Maxton Excerpts(13 years, 4 months ago)
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Lord Wallace of Tankerness
My Lords, the amendment of the noble Lord, Lord Rooker, seeks to clarify two points in relation to the amendment in his name carried at Report stage; namely, that if fewer than 40 per cent of the electorate vote in the referendum, the vote shall not be binding. The noble Lord, Lord Rooker, indicated that the amendment was directly consequential on the amendment passed on Report. Paragraph (a) of this amendment defines “electorate” in reference to Clause 2, which sets out who is entitled to vote in the referendum. The noble and learned Lord, Lord Falconer, says that the amendment was unnecessary. We on the other hand think that it is to some degree helpful to clarify what defines the electorate for the purposes of the referendum. It would exclude European Union nationals who can vote in some elections. It obviously includes Peers, who would not be entitled to vote at a Westminster parliamentary election.
However, this is more of a political point, because there is no way of dealing with it otherwise. The noble and learned Lord is absolutely right to say that those who come onto the roll, perhaps as a result of a campaign encouraging people to register, would be included in the electorate, but that account could not be taken of, for example, undergraduates—who, as the noble Lord, Lord Rooker, said, might be registered at two places but can vote only once—and those who have died since the canvass which took place perhaps some five months earlier. Those points are perhaps more of a political, rather than a technical, nature.
Lord Maxton
My Lords, I accept the point about people who have registered more than once in separate constituencies, but it is very demanding on their honesty. What checks will be made on whether they have voted more than once in the referendum? If any check is made, what action will be taken against someone who has voted twice?
Lord Wallace of Tankerness
My Lords, I cannot indicate what checks are likely to be made. It is obviously easier to check if that happens in the same constituency, but if a person is registered in two far-flung parts of the country, it is not readily obvious as to what check can be made, other than the fact that voting twice is of course illegal. Therefore, if it were somehow proved that that had happened, the person would have to face the consequences set out in the schedule to the Bill.
Paragraphs (b) and (c) of the amendment define 100 per cent turnout as the total number of people entitled to vote in the referendum under Clause 2, and “vote” as “votes counted” under Part 1 of the Bill. As the noble and learned Lord, Lord Falconer of Thoroton, indicated, that means that the turnout figure would not include those who had turned out to vote on the day, but whose votes, for whatever reason, were deemed to be void. That is because paragraph 42 of Schedule 2 to the Bill specifies that void votes should not be counted, albeit they are recorded by the counting officer.
If eligible voters go to the polling station on 5 May and vote, they have in fact turned out, and should be included within the turnout figure, even if their vote is subsequently deemed to be invalid. The noble and learned Lord agreed with that proposition.
The amendment is not ideally worded. It is silent on whether a single independent body should be made responsible for verifying the turnout and whether the 40 per cent figure has been met. It leaves it unclear whether that would be left to the Government or would be a matter for the Electoral Commission. However, despite the drafting issues, it would not be helpful for us to be obstructive, so it will be for Members of the other place to decide whether the amendment and the one that it supports are acceptable.
Perhaps the most important issue raised by the amendment is not what it does but what it does not do. It does not address the problem with the original amendment because it does nothing to change Clause 8(1), which still imposes a legal obligation on the Minister to implement the alternative vote. I fully accept the explanation of the amendment given by the noble Lord, Lord Rooker—that the intention is to make the referendum result non-binding if a 40 per cent turnout is not reached. He is right that it would not be fatal. Nevertheless, it is an important and significant provision. The effect of retaining Clause 8(1) is that the obligation to implement AV will apply even if the turnout is less than 40 per cent.
I am sure that that is not what the noble Lord intended by his amendment. I recognise that this matter should be dealt with before the Bill becomes law. We understand and share the concern that any statutory provision should be technically effective. We are considering the way forward on this issue and will set out our plans when the Bill returns to the other place. It will be for Members there to decide tomorrow how to respond when considering your Lordships' amendments. On the basis that the amendment goes some way to clarifying the position in the light of the earlier amendment, it is not our intention to resist it.
Parliamentary Voting System and Constituencies Bill
Lord Maxton Excerpts(13 years, 5 months ago)
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Lord Campbell-Savours
My noble friend knew but I can tell that there are others in the Chamber who did not.
Lord Maxton
I am not absolutely sure about this but I seem to remember that this happened to me once. I could take the postal vote with me and hand it in at the polling station, rather than be barred from voting, as such.
Lord Campbell-Savours
That may well be the case. There may well be an explanation as to how it can be done. All I am saying is that there will be some people who will have a postal vote, not use it and go into a polling booth to cast their votes. It may well be that Members of this House did so formerly; of course, they cannot vote now.
Lord Maxton
My Lords, following the comments of my noble friend Lord Campbell-Savours, I wish to refer to postal voting. I know that my earlier intervention was not perhaps entirely helpful to him but the fact is that this matter raises another question. The referendum is a national referendum. Some voters will be registered at more than one address for work or other reasons. Many Members of this House are probably in that position. The register will entitle the person to vote in the local elections. If they have a postal vote for that local election, they will also presumably receive their paper for the referendum. However, they will also be entitled to vote on the referendum in Scotland or wherever their other home might be. However, if they receive the postal vote at one address, will that be marked on the national register to indicate that they are not entitled to vote on the referendum at their main residence? The Minister shakes his head as if to say that he does not know the answer. Now he is indicating that he does know the answer. That is fine. In that case I await his reply.
Lord Howarth of Newport
My Lords, my noble friend has raised two interesting points. The first concerns the prohibition against police officers canvassing. One can understand why, historically, this might be regarded as an appropriate provision. In some other countries—one might cite Egypt at present—democracy is highly imperfect and people may have real grounds for apprehension that the police might not be interested in improving democracy, so one can understand why there might be such a provision in electoral law. However, it seems to me that it must be a very long time indeed since that was a realistic apprehension in this country—at least I hope that that is the case. My noble friend makes a very good point that this must be a difficult provision—indeed, a discriminatory one—for members of police forces, who are entitled to vote as citizens and to talk about political issues with their friends and families. While conversation within the family might not be regarded as canvassing, there must be a rather imprecise definition of what this prohibition amounts to.
The Advocate-General for Scotland (Lord Wallace of Tankerness)
I thank noble Lords who have taken part in this debate and highlighted some interesting aspects. I suspect that parts of the 1983 legislation have not been visited for some time. To take the general point, I am not aware of any moves afoot to review electoral law in this way, but I am sure that those in the responsible department will take note of what is said with regard to the generality.
The noble Lord, Lord Howarth of Newport, referred to this disparagingly as a cut-and-paste job. The schedule seeks to ensure that as far as practically possible, the existing rules governing the registration for and the conduct of parliamentary elections should apply in the case of the referendum. As is very obvious, in order to take account of this, there have had to be changes in terminology. For example, it would not make sense to have references to candidates when there are no candidates in a referendum. To do that, people had to go right through.
I was asked whether this section of the 1983 Act would be considered for revision in future. We will want to look at that, but it is right that we base the referendum on the rules that we know. If I had come to the House with subtle changes, I would have had a difficult job trying to explain them, and no doubt some noble Lords would have thought that a great conspiracy was afoot. In future, we will be happy to review the provisions, but I cannot honestly say that it will be done quickly—certainly not in time for Report. However, I do not think that that was what was asked: I think that the request was to look at this more generally.
I will respond to specific points. I do not have the information about whether there have been any convictions under Section 61 of the Representation of the People Act. That is a matter for the courts and I am advised that the information is not collected centrally. The provision with regard to voting on one’s own behalf or by proxy, to which the noble Lord, Lord Campbell-Savours, drew attention, is intended to cover the situation where one can vote on one’s own behalf and also by proxy on someone else’s behalf, but one cannot vote twice on one’s own behalf.
That brings us to the question of postal votes. There is a danger of Members of the Committee getting into their anecdotage. The noble Lord, Lord Maxton, asked whether, if you have a postal vote in one place but are registered in another, as Members of Parliament have been, you could vote in another place even if the postal vote had been issued. I know the answer because in the 1989 European elections I had a postal vote in the Highlands and Islands constituency, for which I was a Member of Parliament, and I was living in London. Local elections were on the same day and it took me a long time to persuade the polling clerk not to issue me with a ballot paper for the European elections because I had already voted and it would have been an offence to vote again—whereas I did want to vote in the local elections. I do not know how I knew about it, but I did. Perhaps it is important, as the noble Lord, Lord Campbell-Savours, pointed out, that the information should be in the material that will go out to those who receive a postal vote that they may not vote more than once.
Lord Maxton
In that case, is the Minister saying that it will be the responsibility of the person who is registered to make sure that they do not receive a postal vote for the referendum, rather than it being noted on some form of national register?
Lord Wallace of Tankerness
The thing to say is do not use it, or, if you have used it, do not take the second vote. The important thing is that nobody votes more than once.
Lord Maxton
Given the assurance that the Minister gave last night that in the Scottish situation the parliamentary vote would come first, can he therefore say that in terms of ballot boxes there will always be two in Scotland—one for the Scottish Parliament elections and one for the referendum? If there is not, there are some areas—particularly, oddly enough, in some of the more remote areas which the noble and learned Lord will know—where the transportation of boxes to the count is done by boat. This could cause problems if there were delays or whatever and the counting could not be started on one before the other was sorted out.
Lord Wallace of Tankerness
I do not quite follow that because if there is a delay because of weather or transport, it will affect both elections. I can recall times past when local elections in Scotland and Scottish parliamentary elections were on the same day. Even when there were separate ballot boxes, it was still necessary to check them both to ensure that a ballot paper had not inadvertently been put in the wrong box. I think that different colours of ballot papers are used so that they are readily identifiable. I would imagine—it would seem to be common sense—that, even where two ballot boxes are used, it would still be important to make sure that ballot papers had not been put in the wrong box. It is important that every vote is counted.
Lord Maxton
As someone who, like the noble and learned Lord, has been involved in elections, I know that there is sometimes great variety even within the same constituency and even from one school to another. If I am a candidate and walk in with my rosette on my lapel, I am told to take it off in one school but not in the next. Are there any guidelines to be given on that?
Lord Wallace of Tankerness
My Lords, it is a matter of local discretion. Elections have worked well in these respects. When I fought the European election in 1979 in the south of Scotland, I was forbidden to wear my rosette in the Galloway part of the constituency but reprimanded for not having one when I went without it into the Roxburgh, Selkirk and Peebles parts—they thought that it had been a pretty colourless election up until then and wanted to see a bit of colour.
Parliamentary Voting System and Constituencies Bill
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Lord Strathclyde
I do not know, but I know that in Wales it will be available in Welsh and English.
Lord Maxton
Can this be produced as an app for the iPhone and the iPad? That is where many youngsters get their information. A single app on their phone which allows them to read it would be very useful.
Lord Strathclyde
My Lords, that is an immensely good suggestion and of course that will be a decision for the Electoral Commission.
It is not clear from the current legislative framework under the Political Parties, Elections and Referendums Act 2000—specifically Section 13—whether the commission has the power to publish information about the voting systems for public awareness purposes in this particular referendum. Therefore the Government considered it best to make the position absolutely clear and accordingly, we tabled an amendment to insert paragraph 9(2) into Schedule 1 in Committee in the other place, which was passed and is now reflected in the Bill.
We do not see that it is necessary, or desirable, to mandate that the commission must issue information, as amendments tabled by the noble Lords, Lord Rooker and Lord Low, aim to do. Rather, it is the commission’s prerogative. The commission has indicated that it would like this power and that it clearly intends to exercise it but we do not think that the Bill should go further than that and oblige it to do so. Moreover, it is simply unnecessary to legally obligate the commission in this respect. The commission has already publicly indicated its intention to produce this information, and has published the draft text that will form the basis of public information leaflets on its website. I am glad that some noble Lords have seen it. It is important that those who take a real interest in these matters should look at it and send their comments to the Electoral Commission regarding this information before the leaflets are published.
The same point, concerning the appropriateness of imposing a legal mandate on the commission in this area, also applies to the amendments tabled by the noble Lord, Lord Lipsey. These would obligate the commission to provide a leaflet summarising the meaning of the question, together with the main arguments for and against first past the post and alternative vote. The amendments also specify that the leaflet must be impartial and unbiased, and distributed to every household in the UK, so far as possible.
The commission is clear that the leaflets will contain factual information; that this information will be impartial and unbiased—it would go against the commission's regulations to promote one particular outcome or be anything other than unbiased—and that it will go to every household in the UK. For this reason we do not think it appropriate that the information includes arguments for and against each voting system. The information will be factual, whereas the pros and cons are subjective. These arguments will naturally be for the campaigns. It is hard to see how the commission could be expected reasonably to summarise all of the arguments for and against in a way that is commonly accepted to be impartial and unbiased. This is an inherently partial subject, and the more the commission is drawn in to trying to describe the pros and cons, the more open it would become to allegations of partiality. It is important that the commission is neutral. Therefore, the arguments for and against should be left to the campaigns.
Lord Anderson of Swansea
That is one way of seeking to limit the zeal of any particular officer. It may well be that there should be written into the clause some test of reasonableness or otherwise, but we have to have some limit.
The final comment I would like to make on the amendment is on the point made by my noble friend Lord Lipsey, which was supported by the noble and learned Lord, Lord Mackay of Clashfern. I had the privilege of being an observer, or monitor, at both the South African election in 1994 and the first free election in Namibia in 1989. What amazed me at the time was that many people who had not had the opportunity before—those who were non-white—had such enthusiasm to get to the ballot box. I recall seeing young men carrying their aged mothers on their shoulders to get to that ballot box. I recall the long queues of people waiting to vote. All of those, in fact, who were in the tent at the relevant time, were allowed to vote. For any democrat it was a wonderfully emotional and uplifting moment.
As the noble and learned Lord, Lord Mackay, has just said, it was very different when we saw the people who had been excluded from voting at the time of the last election. As a democrat, I was extremely happy to see the display of real anger on the part of those who were excluded. We wait with interest to see how the Electoral Commission will respond, but surely it is not beyond the wit of man, or woman either, to give out cards to those waiting in the queue at 10 pm to enable those who have made the effort to vote on time to do so. Indeed, everything must be done to encourage people to vote. Someone who is turned away at the last moment because there is a queue may, in the future, join the ranks of those who do not vote. Let us look very carefully at this in order to encourage democracy.
Lord Maxton
My Lords, as someone who takes an interest in the field of IT and new technologies, I have to say that the idea that we still vote by putting a cross on a piece of paper, having had to travel somewhere to actually put that paper into a box, appals me. I would not dream of booking a holiday or anything else in any way other than online through my computer and paying with a bank card. There is some security risk, maybe, but not very much, yet we still have this absurd system for voting. But, of course, almost the first thing this Government did was to abolish the one way we could have had electronic voting by getting rid of the rather small system of ID cards that we were introducing. If we had ID cards, we would not have any of this bother.
This real point is this. My noble friend is right at one level to say that in Scotland we are going to have two ballot papers presented to us—but we are not because we are going to have three of them. There will be one using the first past the post system to elect the Member for the constituency, and a second paper giving a list of parties to elect. That, by the way, raises the point made earlier by my noble friend Lord Rooker about where you stand on the ballot paper. In my view, it is almost certain that Alex Salmond is the First Minister of Scotland because he made sure, when using the list system, that he was listed as “Alex Salmond for First Minister” rather than “SNP”. He was at the top of the list and probably got just about enough votes to make sure he won the election.
We are now to have the AV paper to contend with as well, and some people will find it difficult. The referendum is very important, but a problem that may arise is that some people in Scotland will decide that the Scottish elections are considerably more important than the referendum for AV. After all, the Scottish Parliament deals with the education system, housing and all the social issues that affect people’s lives. They may say, “I can’t be bothered with the referendum paper. I will deal with the Scottish Parliament ones”. If the turnout for the AV referendum is smaller than it is for the Scottish Parliament, that will begin to cast doubts on the referendum itself.
Lord Foulkes of Cumnock
Does my noble friend recognise that the position is even more complicated, as I explained in a debate we had before Christmas? There are also two franchises, so although the vast majority of people will get three ballot papers, some will be entitled to only one and others to two. The returning officer has to keep two registers, so it is going to be very complicated, and the likelihood of queues to vote is even greater.
Lord Maxton
My noble friend makes a good point because the chance of a reduced turnout is even further increased by that. Moreover, if we have to have this sort of electoral system and way of voting, maybe there is a case for switching the polling day from a Thursday to a Sunday because at least that would give people the whole day to cast their vote, whereas those who are at work on a Thursday have to do it after they get home.
I turn to the amendment tabled by the noble Lord, Lord Phillips. He is quite right to say that there should be somebody to do this. But whoever is in charge of the election, what he will have to decide—certainly in Scotland—is the order for counting the different sets of votes. I assume that the same people will count both the referendum and the Scottish parliamentary votes. There is already criticism in Scotland that, because the referendum for AV is being held on the same day, the announcement of the results of the Scottish parliamentary election may be put off for several days because they will want to announce both results at the same time. Whoever is in charge of the election will have to make the decision about what to count first. The various ballot papers will have to be sorted out, as my noble friend said, or will it be decided that the Scottish parliamentary election votes will be counted and those results announced first?
Lord Phillips of Sudbury
I hesitate to ask the noble Lord to give way again, but I think I can help him on that. Paragraph 5 of Schedule 1 gives the chief counting officer the power to direct regional counting officers and so on, and gives regional counting officers the power to direct counting officers within their region about the discharge of their functions. That will probably include directions about the sort of issues the noble Lord has raised. But of course that does not go across to paragraph 10, which is all about encouraging participation.
Lord Maxton
I gather that some returning officers in Scotland have already begun to complain that they do not know which votes they will have to count first, and that this is causing some confusion in their ranks. Maybe it is for the Government or the Electoral Commission to take a decision on this. However, I think that there will be some anger in Scotland if the results for who is to form the next Government in Scotland and who is to be the next First Minister in Scotland are delayed by the result of the decision on the AV referendum, if that is done first and the other results are delayed. For some of us, the idea of Alex Salmond being First Minister for even one more hour let alone one, two or three more days is more than we want, but the fact is that I would accept that decision if it is made. The power in the Bill may allow the officer to make that decision, but it would be a very important decision for him to make.
Lord Myners
My noble friend is as sharp as ever on these issues. I had already given thought to that matter. I suggest to my noble friend that a ballot box could be transparent at the top, so that you could see your vote going in, but not transparent at the bottom where the vote rested. That would perhaps address the issue. I encourage the noble Lord, Lord Strathclyde, when he engages with his colleagues in the Cabinet Office on further constitutional reviews, to give this some consideration.
However, it seems to me that my noble friend Lord Rooker has made an entirely reasonable proposal that in no way seeks to obstruct the intention of government policy. It would be commendable to the House and to the country as it would endorse the integrity of the balloting process and the confidence that we can have in the outcome of elections conducted through such a mechanism.
Lord Maxton
I support the amendment as well. I support my noble friend Lord Myners in his idea of a transparent box, whether or not the bottom is transparent. I would rather we did not have ballot boxes at all and voted electronically, but that is a personal campaign which I have been running for a long time. I include in that this place as well. I notice that we will be able to bring electronic devices into the Chamber—but perhaps not yet—and then we can start to vote through them as well.
I have one question for my noble friend who moved the amendment. Who exactly is the first elector? In certain circumstances, those who work at the polling station can be electors in that seat. They could be given the right to vote prior to the polls actually opening. That is a bending of the rules but I think it happens. It is an easy way to ensure that someone who is working all day has the opportunity to vote first. How would my noble friend respond to such circumstances? I think there is some case for saying that the rules must be absolute and that the polling station must not open until 7 or 8 am, whichever election it is, and that no one can vote before then. I have a suspicion that in the past people have been allowed to vote just before the polling station opens.
Baroness Golding
Is it not possible that those in charge of a polling station vote by post? They cannot be in charge of themselves if they vote there in person.
Lord Maxton
Yes. Being an elderly gentleman, I have to accept that my experience of campaigning on a personal level precedes most of the changes in the rules as regards postal voting. My noble friend may very well have a point. I accept it is a minor point but I hope it will be considered.
Baroness Hayter of Kentish Town
I support the amendment. This election has the potential for some interest among a new group of voters, which is a particular interest of mine, as I have said before. I know this probably was not the rationale behind this situation, and that it was about the accuracy of and confidence in the vote, but there could be a certain jostling for position to be the first elector, which could be quite exciting on an issue like this.
I have, I promise, a very short anecdote to tell. At one time, the Labour Party was doing extremely badly in the polls and in November 1983 a friend of mine took his young son with him to the polling station. I will not name my friend as I am not sure this is legal, but his young son actually made the cross on the ballot paper and put it in the big black box. Thinking of the ballot as a lottery, the lovely little boy, who is now very grown-up, said, “Which one wins, Dad? Is it the first one out?”. In 1983, many Labour Party members would have said, “If only”.
What is interesting about that story, which has kept with me, is the excitement of a young person going to vote and the idea that the first elector would have a role in the endorsement of the process. I am sure that any of us who are involved politically would make sure that it was one of ours who was there, a young person or someone who had just got the voting right because they had become a British citizen. We would make something of that to give the citizen a particular tick to that process. I hope that that may be given serious consideration.
Lord Foulkes of Cumnock
In the unavoidable absence of the noble Lord, Lord Rennard, I will be nitpicking. Surely, if this changes the regulations for the referendum, it will create problems if the old system will be continued for the local government and Scottish Parliament elections. The noble Lord, Lord Rennard, raised that point several times in previous debates. It is a valid point and something that my noble friend Lord Bach should address. I am not against that in principle but if we have a different system for checking the ballot box for the referendum from that in the Scottish, Welsh and local government elections, that might create problems.
Lord Maxton
My noble friend raises an interesting point. If in the Scottish election on 5 May, the first person in decides that they do not want to vote in the referendum at all and they only want to vote in the Scottish election, my noble friend’s point would be very apposite.
Lord Foulkes of Cumnock
It would be even stronger. It is not just a question of whether they do not want to; they may not be eligible because, as I pointed out on a number of occasions, some may be eligible to vote in the Scottish Parliament elections; others will be able to vote in the referendum only; most of us—including, at last, Peers—will be able to vote in all three. That creates some confusion as to who the first elector will be.
Lord McAvoy
My Lords, I normally like to say that it gives me great pleasure to follow a noble Lord, but I am afraid I cannot in these circumstances. It always seems to happen in these deliberations of ours. There is not much toing and froing but there is certainly plenty of toing on our side to try and subject this Bill to scrutiny; and time after time the noble Lord, Lord Tyler, injects a note of acrimony into the proceedings. It really is quite unfortunate that should happen, because we are having a reasonable approach here, fully in line with the commitments.
I am particularly interested in paragraphs 13 and 14 of Schedule 2 on the provision of polling stations. Paragraph 14 says:
“The counting officer must appoint and pay—
(a) a presiding officer to attend at each polling station”.
I find these people very good, on top of their job and they know what they are doing, but occasionally something happens which is not clear. I am seeking clarification from the noble Lord the Leader of the House, if he is able to give that clarification; if not, perhaps he could point me in the direction where I can get it.
I am trying to find out the power of presiding officers and the extent of their power. Is it confined entirely within the polling station, or does it extend outside? The example I am going to give is relevant to polling stations and I will explain briefly the point on which I seek clarification. In a local election in 2007 in my former constituency, there was a bit of local rivalry—acrimony, even. An independent candidate was standing. Voting was by the PR system, which guaranteed chaos anyway, and there was further chaos because in an area about 50 feet from the polling station entrance the independent candidate had arrayed about six people in a sort of semi-circle. They were stopping people at that distance from the polling station and inquiring as to how they were going to vote and putting pressure on them.
Folk who are going to the polling station do not like being stopped and questioned. It is bad enough trying to shove a leaflet into their hands—we have all tried that, I think—when you have spent six weeks pushing the candidate’s name through the letterboxes everyday. People were being approached and they did not like it. Intimidation is the wrong word to describe what was happening, but nevertheless there was pressure. I spoke to the police on the door. Come election time, people have such respect for our democratic process here in Britain that they are very reluctant to get involved in anything that they have not had experience of before, or they do not have written guidance on. I then spoke to the presiding officer. It might not have been as bad as saying that people had been hindered going to vote, but it was not far from it. Presiding officers are good people—they have the best of intentions—but they are quite unsure. This went on for several hours and if he had remonstrated there could have been an unpleasant scene.
I am looking for guidance from the noble Lord the Leader of the House, if he can give it, as to what geographical area a presiding officer has control over outside the polling station. Is it entirely a matter for the police? How should it be handled? I find that contention at polling stations is getting more intense. Sometimes, unfortunately, it is between the political parties, especially in certain hard fought areas. Who exactly, or what procedure, is written in the Bill that would cover the ceasing of such behaviour, and if so what would be the proper channels to put a stop to it?
Lord Maxton
My Lords, it was not my intention to speak. Members opposite will know I have not spoken that often during these long debates. However, the noble Lord, Lord Tyler, rather than trying to calm things down, actually provokes people into speaking and that is the case in this instance. I just say to my noble friend Lord Myners that the noble Lord, Lord Strathclyde, may travel in a big limousine, but I travelled on a No. 3 bus with the noble and learned Lord, Lord Wallace of Tankerness, this morning. He does not travel in a big limo.
At the start of this debate, my noble friend Lord Campbell-Savours made a point about the position and number of polling stations, not just in rural areas—which my noble friend Lord Myners raised—but also in urban areas. I remember particularly at one point during my career as a Member of Parliament in Glasgow Cathcart, the local government boundaries were redrawn. One of them went down the middle of Mount Florida, so one side of the road was one local government seat, and on the other side was the other. On one side of the road in that new local government seat, there were two multi-storey blocks of flats. On the other side was the polling station for the road, in the school where those people had gone to vote for all the time that they had been in those flats. Now they were being told to go and vote half a mile or a mile away.
Lord Foulkes of Cumnock
My Lords, I am completely mystified because last week the noble Lord, Lord Tyler, admonished us for the number of amendments that we tabled. This week he chides us because we have not tabled any amendments. It seems rather strange.
I want to raise one or two points on Schedule 2. I had better raise this point rather than have a long discussion on an amendment. I strongly agree with what my noble friend Lady Liddell said. I think it would be useful, and I hope the Minister will consider this, to get together a group of MPs and Peers from all parties to look at some of these schedules in more detail to identify whether there are any problems that might arise and make some suggestions to the Government. That seems a very good idea.
There is one theme running through the whole series of schedules as far as I am concerned: full account has not been taken of the problems arising from the combination of polls. We can deal with this under later schedules. However, there are specific points that I want to raise in relation to Schedule 2. I agree with what my noble friends have said about minimising the use of schools and trying to find community centres and other public buildings—or, indeed, private buildings if we can find them—that can be used so that we do not disrupt the education of children.
I find paragraph 9(3) of the schedule strange. It refers to “schools within this paragraph” but goes on to exclude private schools. Why are private schools not going to be used? Why does it apply only to local authority schools? Some noble Lords opposite might say, “Local authority schools are paid for with public money”, but private schools also, because of their charitable status, get substantial support from public funds. They all have charitable status. I see the looks on the faces of some lovely ladies opposite. I do not know whether I am allowed to say that. Perhaps it is sexist and I will be thrown out of Sky Sports for saying it. However, if you think that this is envy on my part, or some kind of horrible class snobbery, have a wee look at my curriculum vitae and you will find something of interest about which you can come back to me.
My second point concerns paragraph 14(1). I certainly agree with what is suggested by,
“the officer may not employ a person who has been employed by or on behalf of a permitted participant in or about the referendum”.
People who have been active—there will be a lot of them—in the “Yes to AV” and “No to AV” campaigns should not be appointed as counting officers and should not be at polling stations. Could the Minister tell us how the counting officer will know whether people have been involved in such campaigns? Will there be a form for them to fill in? Will there be an oath to take? Will they have to sign a document saying that they have not been involved? It would be useful to know that.
The last point that I want to raise—there are many more that I could raise but I do not want to take up too much time—concerns agents. We heard earlier about agents from the two campaigns. In Scotland, the local election areas, Wales and Northern Ireland, there will also be election agents for the parties. There will party agents and agents for the “Yes to AV” and “No to AV” campaigns. Presumably the party agents dealing with the election will have no authority to ask questions, or to look at the ballot papers or anything to do with the referendum, and vice versa. Could that be confirmed? People will come in with red, blue, yellow and perhaps tartan—or whatever the SNP decides to use this time—rosettes, as well as ones saying “Yes to AV” and “No to AV”. Presumably polling agents will have responsibility, powers and authority to deal with that and to ask questions, as I have done countless times as a polling agent. I am not as old as my noble friend Lord Maxton, but I have been a polling agent on several occasions. You have some rights to go in and check things, such as the number of voters and so on. How is this dealt with?
Lord Maxton
My noble friend raises a very interesting point. However, in a sense the problem is even greater than he perhaps realises. I cannot see that most of the people who will be campaigning for the yes vote or the no vote will not be political activists anyway.
There are not large numbers of us around, so it may very well be that, at the school, some people will be asked to take on a dual role, both as an agent for a party and an agent for one of the campaigns. The problem with that, of course, is that at one school the Conservative agent may be against AV and at another school the Conservative agent may be acting as agent for the yes vote. It is all going to get very complicated.
Lord Strathclyde
My Lords, I am very grateful to my noble and learned friend. The fundamental point is that there is nothing really different about these rules and regulations. They are modelled on existing provisions which govern the conduct of elections. That is why I refer the noble Lord, Lord Campbell-Savours, to the Representation of the People Act 1983. If he looks up Sections 18B to 18D, I think that he will find the answer to his question. Likewise, the noble Lord, Lord Grocott, who asked about poll clerks advising people on the subject matter of the referendum. We would not expect clerks to advise on that but there will be guidance in the polling station on how to complete the voting paper and, as we have already debated several times, the Electoral Commission and the campaigns will be educating the public.
There is another point. The noble Lord, Lord Grocott, has got it into his head that there is something very strange and very new being done here. If you live in Scotland, Wales, Northern Ireland or London, you have already voted in referendums and PR elections. I think we had more local referendums in the 13 years of Labour Government than this nation ever had. I think people are quite used to the idea of going into a polling booth and being asked a question other than who they wish to vote for: on whether they want local mayors, for instance, or whether they want regional government—that was a great question the Labour Party asked. I also think that he has underestimated the degree of interest that will be generated, and is being generated, by the campaigns in the run-up to the referendum.
Lord Maxton
I accept the point the Minister is making. I may be wrong here but I do not remember a referendum held on the same day as other elections. This is what is going to confuse many electors, rather than the fact that they are being asked to vote yea or nay in a referendum.
Lord Strathclyde
My Lords, the last Labour Government famously had a referendum in London on the London mayor on the same day as the London local elections.
I am impressed—
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Lord Wallace of Tankerness
I am grateful for the opportunity to explain. I was surprised that when the noble Lord, Lord Bach, sat down the noble Lord, Lord Wills, did not stand up, hence why I intervened at this point. He will, as the noble Lord, Lord Campbell-Savours, said. The point that I have tried to make is that the electoral quota, which is one of the key building blocks of the constituency boundaries, is determined by reference to a relevant date.
In terms of this Bill and the four Boundary Commission reviews for 1 October 2013, the relevant date for the electoral register is 1 December 2010—last month. The point I am trying to make with reference to England is that the relevant date for determining the boundaries is the year 2000. The general election in May last year was fought on boundaries on which, if we do not have a further boundary review before 2015, the general election of 2015 will be fought. The data go back to the year 2000. Therefore we will have constituency boundaries that are based very much on outdated data. The point I am trying to make is twofold. First, that in no way serves those who are not included in the register but are eligible. Secondly, under our proposals and what we intend to do to improve voter registration, voters will be on the register for December 2015, which will be the relevant date for the report to be produced in October 2018 for the general election of 2020.
There are two uses of the electoral register. There is the use of the relevant date, to which the Boundary Commission must have regard in determining the size of constituencies and constituency boundaries; and there is the continuing importance of the electoral register to determine who is eligible to vote at a particular election. That is a very important issue, and work continues to try and ensure that those who are eligible are on that register.
Lord Maxton
The Minister and I have had a dialogue about the use of data from various sources in drawing up the register. Is the Boundary Commission bound entirely, in drawing up these figures, to the printed and published register of voters, or is it entitled to use other forms of data in order to ensure that the maximum number of people are included in a constituency?
Lord Wallace of Tankerness
In terms of this Bill and the four Boundary Commissions’ reports, which are required by October 2013, the relevant date is 1 December 2010. That is fixed.
There is the separate issue of trying to get the electoral roll as complete as possible through a number of initiatives such as the rolling register and data matching, which the noble Lord, Lord Maxton, and I have discussed. That will not be used for determining the electoral quotas for constituencies until the next boundary review, but it will be relevant for determining who is eligible to vote at any election—be it a European election, by-elections, local elections, Scottish parliamentary elections, Welsh National Assembly elections, Northern Ireland Assembly elections, and indeed the general election of 2015. That is why it is so imperative that we give an impetus to get people on the roll. In terms of their being eligible to vote, that effort ought to be made.
I do not want to mislead the House in any way. If those people came on the roll now, or during a drive that brought them on to the roll in the next 12 months, that, by definition, would not affect the number of people on the electoral roll on 1 December 2010. Hopefully, by sustaining that, these people would be on the electoral roll on 1 December 2015, and therefore would be part of the calculation for the quota and the constituencies, which would be the subject of the ensuing boundary review.
The other point, which goes along with that, is that people might not be taken into account if they come on to the register now for the 2015 election, but many people have come on to the electoral register since 2000 in England who likewise would not be taken into account for 2015, if the amendment that is being moved by the noble Lord’s noble friend were to be carried. An update of 10 years is some considerable improvement.
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Lord Wallace of Tankerness
My Lords, I thank the noble Baronesses, Lady Thornton and Lady Hayter, for the amendment, which, as the noble and learned Lord, Lord Falconer, has indicated, commands support and consent across the House because of the sentiments and the importance of registering young people. However, the Boundary Commission would not be able to set about its review until a separate report, issued by the Secretary of State, confirmed that particular action had been taken to maximise the proportion of 17 to 24 year-olds on the electoral register, and that that had been approved by both Houses of Parliament.
I do not dispute that it is important for the electoral register to be as accurate and complete as possible. That is one reason why we are accelerating progress towards individual registration and introducing measures such as data-matching schemes to help local authorities gain as complete a picture as possible of eligible voters in their area, and particularly underregistered groups. The figures in the Electoral Commission’s report last March showed that the registration rate in the United Kingdom was more than 90 per cent, which compares well with other countries. While we, and everyone in your Lordships’ House, wish to see as complete and accurate a register as possible, boundaries have since the 1940s been based on the electoral register. To delay indefinitely any review of boundaries that are already 10 years out of date would not only be disproportionate, bearing in mind the overall picture of registration, but would make votes even more unequal than they already are.
It was important and instructive for the noble Baroness, Lady Thornton, to talk about the surge in young voter registration in the previous general election campaign. As a result, those young people are now on the electoral register. They are likely to be on the register as at 1 December last year, which will be the basis of the Boundary Commission’s review for the report in 2013. It would be ironic if, as a result of carrying this amendment and with no possibility of the next general election being fought on new boundaries, we were still working from data from 2000 in England and that those who had registered as a result of the impetus in the previous general election were not taken into account. There is a distinction between the data for the review date and the important issue of trying to encourage registration, which has merit in its own right.
The Government are committed to taking steps to improve electoral registration as part of the move towards individual electoral registration. The noble and learned Lord, Lord Falconer of Thoroton, asked what the Government were doing. I thought that I had set that out in detail on Monday, and was encouraged by the fact that the noble Baroness, Lady McDonagh, said that she had been encouraged by what I had indicated. The Government will be trialling data matching later this year when the electoral register will be compared with other public databases to find people missing from the register, to see how effective it is in boosting the completeness of it. Based on the results of the trials, we will decide whether to roll it out more widely. The pilots will also tell us how effective the data matching is in improving registration among specific underregistered groups, such as young voters.
Among that information will be data from the Student Loans Company. Indeed, on Monday, the noble Lord, Lord Maxton, asked me whether data on school pupils could be used. I have now checked and can confirm that the Department for Education’s national pupil database is one of the data sets that we are considering for these schemes. I cannot say what the position is for information held by the Scottish Government, but I hope that they would be as willing to co-operate if there was a pilot in Scotland. We are working with local authorities to see whether they can make use of their own data on school pupils.
Lord Maxton
After I raised that point, someone raised with me the question of whether the Data Protection Act will allow that sort of exchange of information, as it is presently worded.
Lord Wallace of Tankerness
If my memory serves me correctly, when I responded to the noble Lord on Monday I mentioned the concern about the Data Protection Act. I have checked, and we will do a further check in the light of that point, but the information that I have had since we had that exchange on Monday is that the Department for Education’s national pupil database would be one of the data sets that we would consider.
I say to the noble and learned Lord, Lord Falconer, who asked what we are doing, that a series of events will be planned over the next few months as part of the introduction of individual registration, when we will consider with stakeholders what further steps can be taken to engage with groups who are underrepresented on the electoral register. However, we must proceed with a boundary review to ensure that boundaries, in England in particular, are not 15 years out of date at the next general election, thereby missing out those who have registered in the past 12 months, because that would exacerbate the inequality. To achieve that, with due time for the commission to consult widely, we must allow it to get on with its task now. That in no way diminishes the importance of registration, and I hope that I have indicated to the satisfaction of Members across the House what we are trying to do to establish that.