Parliamentary Voting System and Constituencies Bill

Debate between Lord Phillips of Sudbury and Lord Anderson of Swansea

Tuesday 1st February 2011 Lords Chamber

[Lord Anderson of Swansea]

My Lords, I follow the noble and learned Lord, Lord Mackay, when he says that he agrees with the intention of both these amendments. It may well be that the wording can be improved—and it probably can—but there will be general approval for the intention. I also begin by welcoming the contribution of the noble Lord, Lord Phillips, and indeed that of the noble Lord, Lord Rennard. Someone mentioned the vow of omerta. When we had a Liberal Democrat intervention in an area of policy which in many ways they have taken as their own, I was reminded rather more of the brave Horatius at the bridge:

“And even the ranks of Tuscany

Could scarce forbear to cheer”.

The noble Lord, Lord Phillips, mentioned the question of facilitation. This is clearly a possible problem because there will be a number of right hands and a number of left hands. It is important that this be a key role—even if the actual wording is not wholly appropriate.

I was puzzled by another matter in this same section. In paragraph 10(1), we are told that:

“The Chief Counting Officer must take whatever steps the officer thinks appropriate”.

At the end, in paragraph 10(5), we are told that:

“The Minister may reimburse any expenditure incurred by an officer for the purposes of sub-paragraph (1) or (2)”

On the face of it, this gives an unlimited expenditure for the worthy objects of this paragraph and goes against all the normal government policies of being frightened and hesitant about open-ended commitments. It is wholly unlimited. One’s mind boggles at what, in following up this worthy objective, a very zealous officer may wish to do. So I simply commend to the Government—

[Lord Phillips of Sudbury]

The key word that the noble Lord quoted is “may”. It gives a discretion to the Government as to what they reimburse, so the matter is not as open as he thinks.

[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.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Phillips of Sudbury and Lord Anderson of Swansea

Wednesday 19th January 2011 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, I should perhaps say that I am president of the Citizenship Foundation, although I do not speak for it. Surely we could deal with the point raised in this amendment by an amendment to the Bill that says simply that prisoners serving a term of four years or less shall be entitled to vote. That would take care of the point that the noble Lord, Lord Corbett, seeks to address in this amendment. I should be interested to know whether the Minister would be amenable to that being brought forward at the next stage of the Bill.

This is a very important issue. For years we have put off grappling with the question of the prisoner vote. I think we would all say that one of the main badges of citizenship is the right to vote. We in this House all agree that rehabilitation is essential and that we do it rather badly in this country. To that extent—I shall finish on this point—we talk about punishing prisoners by denying them the vote, but I think that we punish ourselves much more by, in effect, outlawing prisoners from normal citizenship and thus, in my view, destroying any real prospect of any effective rehabilitation. Therefore, I hope that something can be done about this and that it can be done in time for it to be part of the Bill.

[Lord Anderson of Swansea]

I hope the Minister will concede that this is an important point, and perhaps he can truncate this debate by offering to have a cup of tea with his officials and my noble friend. I see that there are problems, but it is clear that the Government will have to respond in some way to the determination of the European Court of Human Rights, which has said, in terms, that the matter cannot be delayed for much longer. Indeed, the Government have said that they will respond. We know that there could be substantial expenditure implications if they do not respond and a multitude of applications. However, I see some problems in practice.

Once upon a time I was a barrister and I did a fair amount of work on the criminal side. All too often one’s clients were of no fixed abode, so how is one going to determine the constituency in which the prisoner votes? That is one obvious problem. Equally, prisoners are more likely to come from socioeconomic groups that might be determined among the population but are not on the electoral register because they are alienated and do not bother to put themselves on the register. Therefore, there are problems in deciding which will be the relevant constituency in this matter.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Phillips of Sudbury and Lord Anderson of Swansea

Monday 13th December 2010 Lords Chamber

[Lord Anderson of Swansea]

My Lords, I do not follow the noble Lord, Lord Ramsbotham. It is difficult to see what would happen if a judge were to be given discretion to impose the loss of the civic right of voting depending on the particular type of crime. One simply asks this question: if, for example, a prisoner were guilty of shoplifting, which would normally have a very short sentence at most, is that crime one that would make him forfeit those civic rights? If there is a form of assault, is that to be one? There would be infinite argument about how the judge should exercise that discretion. Surely it is better to have a blanket bar if there is to be a bar at all.

I have enormous admiration for my noble friend Lord Foulkes. We served for over a decade in the same team in opposition and I had great admiration for his assiduity—fertile in invention was perhaps the way that we always thought of him. However, I thought, with respect to him, that he appeared to be arguing against himself. Having suggested four years in his amendment, for the reason that he gave, he then appeared to be arguing in favour of no bar at all. I will reread what he said but for the life of me I could not see any consistency.

I confess that my predisposition is, in principle, to be in favour of a bar, but I reluctantly accept that those who have committed crimes and therefore forfeit a number of their civic rights should not also forfeit the civic right to have a vote. That puts me not in the liberal club, although perhaps my noble friend Lord Foulkes was trying to follow our party’s new line of trying to attract dissident Liberal Democrats into our fold. I will not follow that line. In spite of my predisposition, I accept the ruling of the European Court of Human Rights. Indeed, it has to be accepted—the sooner the better. The only question that remains is the length of sentence that there should be. There has been far too long a delay, as the noble Lord said.

I, too, have heard, perhaps on the same grapevine, that the Government will shortly make an announcement and that they favour four years, without any discretion for the judge. If that be their response, though, there is surely a case for consistency. If it be the case in respect of a general election, surely the Government should now act in the spirit of what we are told they will be announcing shortly and say that the same principle should apply to those who are currently serving sentences. If they will, and I suspect that there is the will for this in the House and in Parliament as a whole, they can ensure that whatever length of time they choose is in operation by the time of the referendum, whenever that may be held, be that 5 May or some other date.

If only for the reason of consistency—even though, like the great mass of public opinion, I suspect, I am not personally convinced of the case—I accept that we must follow the European Court of Human Rights. Pace the noble Lord, Lord Pearson, we cannot pick and choose the judgments that we follow. In following them, we should endeavour to attain consistency in the various elections that our people will be involved in.

[Lord Phillips of Sudbury]

My Lords, I support the amendment. It is a timid one but it is the only one we have, and I will wholeheartedly support it. There is a paradox, is there not, about one aspect of the punishment of someone who has put themselves outside society being to keep them outside society? Surely the very heart of rehabilitation is to get a prisoner thinking once again that they relate to the society that they have offended against—to bring them back inside the “big society tent”, if you like. It seems to be a self-injury to have the rule at all, although I can perhaps understand how the law is as it is out of respect for public sentiment, however wrong that sentiment may be. With that, I will simply say that I endorse and support what the noble Lord, Lord Foulkes, has said.