Fixed-term Parliaments Bill

Debate between Lord Pannick and Lord Rennard

Tuesday 10th May 2011 Lords Chamber

[Lord Rennard]

My Lords, I rise to speak to Amendments 12, 14 and 16 in my name and those of my noble friends Lord Tyler and Lord Marks of Henley-on-Thames. Amendments 12 and 14 reflect the position that I set out in Committee, when I made plain that I could not see any justification for a provision to bring forward polling day in a general election by two months, in the way that the Bill originally suggested. In all my consideration of the debates here and in another place, I have yet to hear advanced any argument for why it might be sensible to say that a Prime Minister might be able to foresee circumstances in which he needed to bring forward the election by two months.

As the noble Lord, Lord Norton of Louth, said, no Prime Minister could be so prescient as to foresee such events and decide to bring forward the election in anticipation of them. I simply do not see the justification for the provision. However, there will remain in the Bill and in the detail now in Amendment 20, which we will come to later, a power for Parliament to have elections early if MPs vote for it by a two-thirds majority and this House endorses that proposal. I have no doubt that if there is reasonable political consensus on the need to bring forward polling day and have an early election, that will happen.

Amendment 16 deals with a power for which, I accept, there is a rather stronger case. That is the power for delay by two months. The commonly cited example of how a general election planned for one day might be postponed for a short while is our experience in 2001, when the foot and mouth epidemic broke out. Everyone knew that we would probably have an election in May. We had planned to have local elections in May. Those local elections were postponed and the general election, expected to coincide with them in May, was also postponed. I am therefore content that some power remains in the Bill for a delay and am now fairly convinced that there is at least some provision in the Bill to safeguard against abuse. That safeguard is this House, which would be asked to approve such a delay.

I was seeking through Amendment 16 to have a further safeguard built in for that—also a two-thirds majority in the House of Commons—but I now look at the changes that the Government have made by accepting Amendment 20. That dispenses with the role of the Speaker’s certificate. On that basis, I am prepared to accept that Amendment 16 is no longer appropriate, and I will not press that case; but the case for Amendments 12 and 14 remains strong. They simply retain the principle that if polling day is to be brought forward, it is Parliament by reasonable consensus and not the Prime Minister who should decide to bring forward the election.

The whole purpose of the legislation is to fix parliamentary terms at five years, notwithstanding the amendment which this House narrowly approved some hours ago. We need to remove from the Prime Minister the privilege of being able to hold the starting pistol in a race where he is also one of the runners. Amendments in the same form as Amendments 12 and 14 received substantial support from across the House when they were tabled by the noble Lords, Lord Norton of Louth and Lord Rooker, in Committee. I therefore hope that the Minister will have had time since Committee to reflect on those amendments and to consider them favourably.

[Lord Pannick]

My Lords, both the noble Lords, Lord Norton of Louth and Lord Rennard, proceed on the basis that the power to bring forward or postpone a general election would be exercised only in circumstances of crisis. It is very difficult—or impossible—to foresee such a crisis. I give noble Lords a possible example of when one would need to use such provisions where there is no crisis. Suppose that this country is awarded the Olympics or the World Cup. Each of those events will occupy a period of two weeks, for the Olympics, or four weeks, for the World Cup. One would know of such events years in advance, so there would be no crisis, but it would be entirely appropriate for a general election not to take place by consent of all concerned during such events.

Fixed-term Parliaments Bill

Debate between Lord Pannick and Lord Rennard

Tuesday 15th March 2011 Lords Chamber

[Lord Rennard]

My Lords, I anticipated that it would not be long before the noble Lord, Lord Grocott, found an opportunity to digress from the issue of participation in elections at weekends and encouraging people to participate. It is a source of regret to me, if not to many others, that the debate the noble Lord proposed to have about the relative turnout resulting from different electoral systems was not held in this House. Of course, he tends to compare declining turnout in European elections with declining turnout in general elections. The truth is that turnout is declining in many levels of elections, particularly in European elections. People may see the European Parliament as even more remote and they make a protest by spoiling their ballot paper. We have to recognise that. But if the noble Lord wishes to study the evidence on this properly and looks at the preference vote using the 1,2,3 system, he will see that in the Scottish local elections in 2007, notwithstanding the fact that there were other elections for the Scottish Parliament on the same day which used a different proportional system, there were very few spoilt ballot papers.

The principle of weekend voting deserves serious and considered debate. It is most unfortunate that the Bill as it stands enshrines Thursday as the day on which general elections should be held, even though that is an accidental precedent. It is not widely known that there is no statutory basis at present for polling day to be on a Thursday; indeed, many council by-elections are held on a Wednesday or a Tuesday when, for some good reason, they cannot be held on a Thursday.

We should think about voting on a Saturday or a Sunday or a Saturday and a Sunday. Our amendments provide the Government with what some noble Lords will now understand as being a Lord Rooker-type famous lifeboat. They do not actually say that things should change; they merely invite the Government to consider the possibility of a change on the assumption that there could be proper consultation, perhaps piloting and serious debate, and then the decision can be made at a later point. We can look at the arguments and consider them properly but because, as I said earlier, the issue has simply been allowed to drift so often, our amendments set a deadline for determination of the issue. That deadline is, sensibly, 1 October 2013, which coincides with the deadline for the publication of reports by the Boundary Commissions.

I hope very much, therefore, that the Government will keep an open mind on weekend voting. If there is a clear promise that we will consider this issue properly in due course and that Parliament will be allowed to decide whether voting should in some form be taking place at weekends rather than on a Thursday, I will not seek to press my amendments. But if there is no such indication, I would, at the very least, not want to see the Bill pass with people thinking that Thursday 7 May 2015 is already fixed in stone as polling day for the next general election.

[Lord Pannick]

Before the noble Lord sits down, does he accept that to mandate Saturday as the exclusive day for voting would effectively disfranchise Orthodox Jews? There may also be difficulties about observant members of the Christian community who would not wish to vote on a Sunday. Therefore, does the noble Lord accept that if there is to be weekend voting, it would have to be over the whole of the weekend?

[Lord Rennard]

The noble Lord, Lord Pannick, makes a very good point, which I made when we discussed the issue in general without being able to decide the precise terms. I have always thought that weekends are probably better for voting than weekdays. I accept that it would be a problem in principle if some people felt that either Saturday or Sunday was an objectionable day when it came to them going out to vote. It would be rather good to say that a Saturday or a Sunday could be polling day—that is, two days. However, the hours could be more limited, as I do not think that polling would need to last from 7 am until 10 pm. I think that this should be the subject of proper debate and scrutiny. It may be that polling hours of 9 am to 6 pm will be very suitable on a Saturday and Sunday. The only objection to this that has been raised in the past is rather absurd and it has come from the electoral administrators. They said that there would be problems with security at the ballot boxes over a Saturday night into a Sunday. However, in the European elections we vote on a Thursday. The ballot boxes are sealed on the Thursday night and counted on the Sunday evening. Therefore, I do not believe that that is a significant problem. Indeed, I believe that many people who work in the electoral administration process would welcome the opportunity to work on a Saturday or a Sunday.