Enterprise and Regulatory Reform Bill

Debate between Lord Phillips of Sudbury and Lord Lipsey

Monday 18th March 2013 Lords Chamber

[Lord Lipsey]

My Lords, I speak as a former deputy editor of two national newspapers and perhaps I may say, straight at the beginning, that I see in this royal charter, with the backing that it will get in legislation, no threat whatever to the freedom of the press which we all cherish so much.

There is, after this good day for our democracy, just one question that we should think about. Is there a danger that what we have achieved will be undermined by large sections of the press refusing to join the new regulatory body? From where we sit, the idea that they might not may seem fantastical but—noble Lords have long memories—there was such a case in our legislative history, and in many ways it is analogous. The Industrial Relations Act 1971 was passed by a majority in Parliament but was then scuppered because the trade unions refused to register under it although they had enormous incentives—as there exist for the press in this Bill—to do so. It did not do the unions any good at all because what they got in consequence, a decade later, was Thatcherism. They would have done much better to stick with the Heath proposals. I would say the same to the press now. If they do not join up to this body, they will face something far more draconian than what we have in front of us this afternoon.

There are incentives to join—for example, the relief from exemplary damages. However, there are greater incentives to join than that. I think that newspapers that do not join risk their circulations. Just as Liverpool punished the Sun for its reporting of Hillsborough, so the British public will punish newspapers that fail to sign up to this system. If the public do that, how much more so may advertisers who do not wish to place their advertisements in journals which have placed themselves beyond the pale? The odds are that newspapers will be inclined, when they consider it rationally and coolly, to sign up.

However—and this is the true importance of today—if they do not, they will know that it is the united will of all three national political parties and of both Houses of Parliament that they are trying to thwart. If there is a confrontation between our Parliament—reflecting, as in this case it does, the will of the people—and the press, there must be only one winner.

For all those reasons, plus the fact that a number of newspapers have in recent days evolved to a much more sensible approach to these things—I pay tribute to the editors of the Financial Times, the Guardian and the Independent on this, and I think that others will follow—when they weigh this and see the united will coming from this Parliament, they will understand that they have to take part in a full and open spirit, and our nation’s life will be the better for it.

[Lord Phillips of Sudbury]

My Lords, I apologise to my noble friend the Minister for not raising this rather gritty little point before this debate, but of course this is all hot off the press. There could be a lacuna in this amendment. It requires the approval of Parliament for any amendment to the royal charter or dissolution of the recognition body. However, might it be possible—and one is thinking of possibly years hence—that the newspaper industry could decide not to dissolve these arrangements but simply to sidestep them by establishing a parallel and separate body? I would like to have the answer to that question, because I think it is germane.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Phillips of Sudbury and Lord Lipsey

Tuesday 1st February 2011 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, I move this amendment in a probing frame of mind. It refers to paragraph 10 of Schedule 1, which provides the nuts and bolts of the referendum arrangements. I sometimes think that they can be skimped in our deliberations. Paragraph 10 is headed, “Encouraging participation”. As I said earlier, I am sure that everybody wants that. Therefore, it is a very important part of the mechanics of the referendum.

My concern is that in paragraph 10, five individuals and tiers of officer are referred to: the Electoral Commission, the chief counting officer, regional counting officers, counting officers and registration officers. The last four—the chief counting officer and everybody down to registration officers—are under a duty and must,

“take whatever steps the officer thinks appropriate to encourage participation in the referendum”.

My concern, especially in view of the tight time scale in which the referendum is likely to be conducted, is that there will be a lack of co-ordination between all these different officers about what they do. You could get a right mess with each of them carrying out their duty to encourage participation, some in this way, some in that, some here, some there, often overlapping and often leaving gaps of encouragement. I therefore thought it fit to propose this amendment which will cast upon the chief counting officer a duty to, in effect, facilitate co-operation between all those bodies, not forgetting that in the same paragraph 10, all four sets of officers,

“must have regard to any guidance issued by the Electoral Commission”.

So it has its oar in as well.

It is as simple as that. We surely need somebody who has a primary role to facilitate co-operation between all these various people and organisations. Lastly, I point out that under the Political Parties, Elections and Referendums Act 2000, the chief counting officer is chair of the Electoral Commission. That is all I need to say. I beg to move.

[Lord Lipsey]

My Lords, I am not entirely sure why my Amendment 110ZB is grouped with the amendment tabled by the noble Lord, Lord Phillips, but it gives me a particular pleasure to follow him in the debate. We have heard only too little from his Benches in the course of this debate, and therefore I wish him well in his speech. I should perhaps add that he should mind how he goes on the way home. A vow of omerta has bound the Lib Dems together over this Bill, and he has, I am sure inadvertently, broken it by intervening for a whole two minutes this evening. So mind how you go.

My Amendment 110ZB is not terribly well related to Amendment 110ZA, but is about a quite different matter. It harks back to the stain that still hangs over our democracy from the May general election. Memories in politics are, alas, short, but not in this House, of course. Therefore, I hardly need remind noble Lords of what happened. In a number of constituencies—16 in all—people turned up at the polling station before the 10 o’clock deadline wishing to cast a vote in those constituencies. They were not allowed to vote. According to the Electoral Commission’s 20 May interim report on the matter, 1,200 voters were excluded from voting as a result of that cock-up.

For each of the 1,200 voters, the ban was absolute. It may not be a large percentage of the national total, but for a few days, our papers, no doubt exaggerating a little bit, were comparing us to a third world democracy. We could not even organise a vote, and when you see the way voters queue up in South Africa for hours and hours under a hot sun to exercise their right, and you find that in our own country people who have turned up on time are denied it, it leads to a shiver of shame going down one’s spine. The Electoral Commission’s interim report blamed poor planning, unsuitable buildings, contingency arrangements that were not triggered in time or proved ineffective and, incidentally, restrictive legislation that stopped those queuing getting ballot papers, even though they were in the polling station on time.

Planning for the referendum is in one sense at least perhaps more difficult than planning for a general election. Yes, we should all love to see a turnout for the referendum at least as great as that in the general election, but I do not think that many psephological experts think that is terribly likely. It really is terribly difficult to predict what turnout will be. You can imagine that the campaign starts with a poll showing a great gap between the various sides, and therefore fewer and fewer people plan to vote because they do not think their vote will make a difference. As it gets closer to polling day, it may be that polls start to narrow, and a whole load of people decide that they will after all go to the polls. By then, electoral officers will have made their dispositions and decided how many staff to have, how many polling stations and so on. In this case, the Leader of the House’s technique for deciding what the turnout will be—the same technique that he used for the number of seats—by choosing a nice round number out of the air is not that much worse than any other technique. There is a danger that the accommodation will not be sufficient for the number of people who turn out to vote on the day.

The Library tells me that we are still awaiting the final report from the Electoral Commission on last May’s debacle, but bits of it have leaked out. The Government’s response has left a nasty sniff in the air. The Times reported, even before the report came out on 11 November, that Nick Clegg, the Deputy Prime Minister, had turned down the proposal in the commission’s interim report for a change in the legislation so that those who turn up before 10 o’clock can vote, even if they have not cast their vote by 10 o’clock. He said that the answer to poor organisation was not to reach for the statute book. Of course it is not, but it seems sensible to have two barrels to your shotgun: to try to deal with the poor organisation and to change the legislation that inadvertently caused this problem. I am therefore a little sorry and a little surprised that this legislation—absent the amendment I am now proposing—does not seem to do anything about that shortcoming.

Whenever I propose an amendment of this kind, somebody stands up and asks whether I have consulted the Electoral Commission about it, and I always retort no, because we are in Committee and it is not the duty of a Member of this House to consult the Electoral Commission on every proposal he puts forward at this stage in a Bill. I am, and should be, slightly surprised that the Government have not consulted it. I am disappointed that I have not seen, although it may exist, any kind of response to such a consultation. This was a serious problem. It is not a joke. If it is repeated, it will cast permanent doubt on our electoral arrangements, and it is therefore absolutely essential that we make sure that there will be no repetition of this on 5 May.

I should have said earlier that there is one other reason why there could be a repetition. If the referendum goes ahead on 5 May, and it remains to be seen whether that will be possible, it will be quite a complicated election. At the polling station, they will be dishing out one set of papers for the election of Governments in Scotland and Wales and another set of papers for the referendum, and people will be coming up saying “Please sir, what do I do with that?”; “I don’t know that”; “I didn’t know I was going to get that”; and all that sort of thing. It would be quite easy to imagine circumstances in which the staff at the polling stations became overwhelmed by the sheer volume of queries.

I shall not try to have a vote on this tonight. I give way to the noble Lord.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Phillips of Sudbury and Lord Lipsey

Monday 10th January 2011 Lords Chamber

[Lord Lipsey]

I am proposing to tackle it in the very same way as I hope he is proposing to tackle it—by voting yes to AV whenever we get round to the referendum, whether on 5 May or, as I hope, a later date.

[Lord Phillips of Sudbury]

I know that it is a shock to see somebody rise from this side but perhaps I, too, may make a speculative intervention following what the noble Lord, Lord Lipsey, has said. I have not thought this through, but it seems to me that if it were possible to take the number of potential electors—let us call them that—as the governing yardstick for the size of constituencies, then Amendment 54A becomes unnecessary because one would then be in the position that all one needed to be satisfied about is that the local authorities had done their work properly in time for the election concerned. If, however, you take the system as it currently prevails, then the amendment of the noble and learned Lord, Lord Falconer of Thoroton, is the way to go. But, as I say, it would take away one of the time constraints if one was to go down the Lipsey-Foulkes line, if I can call it that.

The other thing that is worth not forgetting—because a lot has been said about the difficulty, or more than difficulty, of having everything sorted out by 1 October 2013; a number of noble Lords opposite have made that point—is that paragraph 37 of the report of the Select Committee on the Constitution, to which a number of noble Lords have referred, states:

“The Boundary Commissions have confirmed that this timetable is achievable”.

That is to say, things will be sorted out by 1 October 2013. It, after all, should know what it is talking about. With that assurance, and with a new method of calculating the mean, it seems to me that Amendment 54A may not be necessary.