European Union (Withdrawal) Bill

Debate between Lord Rooker and Lord Deben

Wednesday 7th March 2018 Lords Chamber

[Lord Deben]

I am so pleased to have been supported by the noble Lord. I was rather afraid that he was going to find something that I had got wrong in the law and I would not like to argue with him, although I have done on occasions, as he knows, because I do not like lawyers to be left to themselves. But he has, with legal elegance, expressed what seems so obvious for anybody who has dealt with European law.

I say to my noble friend is that one of the problems we all have is that those of us who have worked in the European Union, who have argued these laws line by line, and who have worked with our neighbours to do this wonderful thing of bringing countries together to have common laws, encounter the constant difficulty that those who do not like the European Union do not understand the way it is done. Very often, the reason they are opposed to it is because they have never understood the brilliance of the mechanisms that we have there. We may lose them—I say “may”—but we do not want to lose the environmental protection that they have given us.

[Lord Rooker (Lab)]

The last time I checked, the environmental directorate of the EU had taken 34 cases against the UK Government, of which it had won 30. I did not want to interrupt the noble Lord, who was an absolutely first-class Environment Secretary. I know that because later I worked in planning with John Prescott, as he was then, and we were always referring back to the good work that he had done.

I would have asked the noble Lord: when he was Environment Secretary, how often was he assisted, in his dealings with the Treasury in delivering on our legal obligations, by the threat of infraction? The power to fine the Government that the Commission has does not exist anywhere in the UK. The Supreme Court does not fine the Government. I discovered, when I was at MAFF for two years, Defra for two years and the Northern Ireland environment office for a year, that the threat of infraction was a powerful sanction to the Treasury. When you were arguing about the money to do something—which we were required to do anyway but resources were short—the case to the Treasury was, “Enable us to do this, we will do a deal with our budget and everything else, because paying a fine is an absolute waste of public resources”, and that is what happened.

Most of our environmental protection today is as a result of being in the EU. Ministers wanting to deliver have been helped to do so by the threat of infraction. So the thing that is missing from all this—although the noble Lord, Lord Krebs, touched on it—is the governance and delivery of the sanction. If it is not delivered, what is the sanction? If it is not money, it will not work. The evidence is there. It has to be money. It cannot be the chair or board of whatever is set up saying to the Minister, “We don’t like what you’re doing. You’ve got to do something different”. The first time they use the nuclear option, they will not be on the board the following year unless their independence is locked in solid in legislation. The threat of a sanction of money is pretty important. Without that, the principles cannot be delivered.

Investigatory Powers Bill

Debate between Lord Rooker and Lord Deben

Wednesday 7th September 2016 Lords Chamber

[Lord Rooker]

Perhaps I may put a strictly non-lawyer’s question to the noble Lord, Lord Butler. Who decides where the court action takes place? Bearing in mind that these are slightly different circumstances and given that, as I understand it, a conviction takes place in a court, who decides where the person who has been charged should stand trial? I am not clear on that point. They might say, “I would rather go to Northern Ireland, please, because I would get only six months there”.

[Lord Deben (Con)]

My Lords, I always believe that these debates should not be carried out only between those who spend their lives discussing whatever the subject is, and this is one of them; it is extremely dangerous to leave it to those for whom security is their bread and butter. I mean that in the most polite way. However, this particular Bill has been the subject of very considerable concern among members of the general public. I was pleased to hear earlier how the Government’s amendments, tabled by my noble friend, showed just how carefully the Government have considered people’s concerns about the sorts of decisions that we have to make in the circumstances of today.

Also of concern are the remarks of the noble Lord who talked about the desire he always has to make sure that when times are not as they are now, the draconian decisions we have to make today do not automatically continue but are seen always as decisions made in circumstances that we have never faced before.

The amendments put down by the noble Lord, Lord Butler, are also worthy of careful consideration. The reason I suggest that is that they are immediately comprehensible to the public at large. The public want to know that, having struck the sort of balance which they understand has to be reached, we are also concerned that that balance shall be maintained and will not be an excuse for a constant erosion of what people feel to be very precious things. Freedom and privacy are too precious to allow what one might call mission creep. The only way to stop it is by having a clear definition of a crime—of something that has been done which is punishable. I am concerned about this gap in the legislation which I suspect the Government did not intend to be there.

All I want to say to my noble and learned friend is that, for the public as a whole, what the noble Lord, Lord Butler, has proposed will be very attractive. If the Government do not like the wording or if we cannot answer questions such as where a court case might be heard, no doubt it can be rewritten—but I hope that it will not be ignored.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Rooker and Lord Deben

Monday 20th December 2010 Lords Chamber

[Lord Rooker]

My Lords, I decided not to move two earlier amendments today. I wanted to concentrate on the main cause, which is this one and I freely admit is not run of the mill. I came across a reference—only a reference—to the system in a footnote to some text I read recently. I thought it was the solution. One way or another, the central flaw in AV has been explained by the noble Lord, Lord Lamont, and my noble friend Lord Campbell-Savours. It will be incredibly difficult to explain to people.

I am not arguing about the text; I know what I understood and I explained what I wanted. It is the vote for the person who comes last, whether they are third, fourth or fifth, that gets transferred. It is true that that is the only vote that gets transferred. I might be accused of being completely unfair but I look on that allocation as a new vote. The others have not been altered. These are new votes coming into the system. If there were seven candidates, the one coming seventh would be knocked out. I have assumed that the bottom one would be knocked out but sometimes it might be the bottom two. The reallocation of the second choices of the voters who voted for the candidate who came seventh would be new votes for the top six. In a way, it is not the same election. That is what is so unfair about it. Nobody else’s second preference comes into play. As I say, there is an inherent difficulty in this system, which will be apparent only when we come to use it.

[Lord Deben]

Does the noble Lord agree, therefore, that there is an advantage in being a Monster Raving Loony Party voter? You automatically get two votes. They are two votes because the first was for the Monster Raving Loony Party and the second is for someone else, whereas every other voter has one vote because he does not change it at all. The argument stands constantly, which is why AV is such a silly system.

[Lord Rooker]

It is inherently difficult when you are asking people to go into the polling station and make their choices on a ballot paper, whether it is an optional system or not, without knowing what the outcome of the first choices will be. This is why the French have a two-round system. You can see what happens and adjust your vote accordingly. You do not get the chance to do that with this system; it is all or nothing when you put your preferences in. All I am saying is that there must be a fairer system than what is proposed. This will fall apart.

I will conclude on this. Examples have been given of the Scottish by-elections. We have not tried this in 600 or 650 constituencies in every part of the country under the full glare and analysis of every local anorak. I am not an anorak; I resent that term, I must say. This system has not been exposed to what will happen in 2015, assuming five years and assuming this system. That is where it is likely to come apart and there will be a backlash. I am trying to put some more fairness in the system. I made the point earlier about the fairness in the constituencies, the equal numbers. It has to be apparent to people that what is proposed is a fairer system—I might argue about the detail, but I agree with that. This puts a bit of fairness into the way the votes are counted under this proposed AV system. It would not be my first choice but it is genuinely trying to put fairness into the system. I am not saying it is perfect and it would be complicated for the counters. If it is done by computers fair enough; it is not a problem but it might be difficult to explain. I have to say though that it is not half as difficult to explain as the paragraphs the noble and learned Lord, Lord Wallace, read out when explaining the Government’s views. I kept thinking, what will that sound like in a television studio?

I can honestly say that I will not be returning to this amendment but I may come back to some of those I did not move. I beg leave to withdraw this amendment.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Rooker and Lord Deben

Tuesday 30th November 2010 Lords Chamber

[Lord Deben]

My Lords, I believe that the noble Lord, Lord Campbell-Savours, has done your Lordships a great favour by introducing the amendment so early in our consideration of the Bill. He has brought it to our minds that the problem of proportional representation is that people tend to say, “I am in favour of proportional representation”, and only afterwards, when you inquire what kind of proportional representation, does the argument begin.

I suggest, in a non-party-political way, that most of us recognise that AV came into the political discussion because it was hit upon by the previous Government as the form of proportional representation least likely to do them harm and most likely to do them good. I am not criticising them for that: after all, it is the first step that people normally take when they consider an alternative to the first past the post system. They say to themselves, “Which would do me best?”. Then they choose the system—and some have to choose a most complicated and peculiar system in order to land more votes for themselves. What is odd about this proposition is that it was put forward by two coalition parties, neither of whom thinks that it will be best for them. It is a remarkable achievement. They have taken on the proposal that the previous Government made because it would be best for them and proposed it to the House on the basis that it would not be best for either of them. I cannot remember a single occasion on which such a proposition has been true.

I admit that I am opposed to proportional representation of any kind. I am very simple about it: the first past the post system is the right one. I would rather see somebody elected who is favoured by the majority of people than somebody who is the least unfavoured: I have always found this a better thing. I also believe that there is no convincing argument that proportional representation is fairer. One has only to look to Germany to find that the Free Democrats have taken part in more Governments than they ought to have taken part in. A Free Democrat vote is much more valuable than almost any other vote. Therefore, I am against proportional representation; but I am particularly against the way that we have discussed it. This is a very serious matter—the way in which our Government and representatives are elected is vitally important.

I am not in favour of the amendment. I want AV on the ballot paper because I want the least satisfactory form of proportional representation that can be presented so that I can defeat it. I am absolutely straight about that: I do not want any of this fiddling about. However, those of us who have views on the matter should be honest. We should say that it is difficult enough to get people to vote—and difficult enough to get people to vote in a way that indicates their preference—under the present system. Some noble Lords have not been elected. I was elected many times and sat in the other place for more than 30 years. What always amazed me was the number of people who found it extremely difficult to follow the idea that you put a cross—or some obvious mark—against the person you wanted. It was quite hard to get everybody to do that. The idea that people will make a choice between the British National Party and Welsh nationalist candidates at number 14 and 15 on a long list is frankly barmy—they will not.

I am sure that, like me, other noble Lords have been asked to vote in an election for a trustees’ group under such a system. By the time you have voted for the ones you have heard of, you find it very difficult to know how to distinguish between those of whom you have not heard, those you do not think much of and those you do not know whether you think a little less of than you do of others.

This is the most ridiculous proposal that could possibly be put before us. I worry about the point made by the noble Lord, Lord Campbell-Savours. The more people that take it seriously, the worse the situation will be. If we really are having that kind of argument down at 14 and 15 in the list, I do not know how I would campaign. I do not understand what I am supposed to say. I know what I would do; I would say, “Don’t waste your vote by voting for anybody else—vote for me”. In that sense, the noble Lord, Lord Campbell-Savours, is perfectly right.

The difficulty for the House is to know how best to save the coalition Government from their position. I have a difficulty because I have never voted for a referendum—and I have no intention of voting for a referendum on this occasion. I think referenda are thoroughly unacceptable in all circumstances. I believe in parliamentary democracy and it is a principle one has to uphold; I have upheld it whether I thought we might win the referendum or whether I thought we might lose. I have always thought it wrong. It was a position my father convinced me of when he pointed out that in 1938—I think it was 1938—11 million people signed the peace pledge, and by 1939 you could not find one of them. The problem with the referendum is that nobody is responsible. I have a difficulty with them; but no doubt people will vote in favour of having a referendum, which will help the coalition on that point.

I would like to help the coalition further by keeping AV in this by opposing the amendment of the noble Lord, Lord Campbell-Savours; if we are to have a referendum, it is one that needs to be lost.

[Lord Rooker]

My Lords, I support the demands of my noble friend Lord Campbell-Savours. I want to put this on the record in view of the speech of the noble Lord, Lord Tyler, this afternoon. It is quite clear that if the Liberals are not going to participate in the debates in this House, then it is on their head; they will have no cause for complaint about it. My noble friend’s amendment accepts the alternative vote; it does not seek to change it. We have amendments later for PR, and I personally guarantee an opportunity for the Lib Dems to vote for STV, whatever time of day it is, as long as I can find another teller. At some time, I will give them the chance to vote for what I know they really want.

The noble Lord, Lord Deben, started off by saying exactly what I have said: those who start the journey from first past the post to something else inevitably stop off at AV. I did it myself. The first time I got more than 50 per cent of the vote was in the fourth election in 1983; I started to wonder. In 1987, again with more than 50 per cent, it felt different. It made me think that there has to be a better system of elections. I was converted to PR by the geographer’s book from Sheffield A Nation Dividing? That is where I am coming from.

The first time I ever saw the noble Lord, Lord Deben, was at the referendum meeting in what was later to become my constituency of Perry Bar—1972, I think—when he was supporting the then Conservative Member of Parliament during the campaign. I am not making a point about referendums, or referendum campaigning or participating in them. Whether he voted for it, I do not know.

We have to say to the noble Lord, Lord Tyler, that just because we are going to raise issues, it does not mean that we are trying to scupper the Bill, trying to be nasty or trying to be unconstitutional. At any time, he can get up and make his case. If he does not, then it is on his head. Come the referendum—and maybe come the election that follows—questions will be asked. First, as my noble friend Lord Campbell-Savours has said, the claim, which has been made by the leader of his own party, that this does away with tactical voting is simply not true. All the tactical voting goes on to the other preferences. I guarantee that if this Bill becomes an Act and we have an election, there will be some Lib Dem candidate somewhere in the country—and we will be watching—who will put out a leaflet saying “only vote one”. It will happen—and it will happen with Labour and Conservatives as well—but it is the Lib Dems making the claim.

The reason the form of AV needs looking at is that the alternative vote has not been used in any public election in the UK, except in the London Assembly elections, where it is a hybrid and quite different. We have never had a public election with AV. We have had public elections with STV—Northern Ireland has used them, while Wales and Scotland are using additional member system. So we have actual experience of these in the UK. No public election in the UK has used this form of the alternative vote.

The second claim, which the leader of the Liberal Democrats made in front of a Select Committee, is that everyone elected will get more than 50 per cent of the vote. Well, it is simply not true. It cannot be true. Fifty per cent of what? Fifty per cent of those who voted in the first part of the election’s first preferences, or 50 per cent of those who arrive at the other end after the other preferences have been knocked out? The figures are different. If people choose not to use a preference, so that their vote comes out of the system before the count is finished, how can you get 50 per cent? It is clearly impossible. Only in the Australian federal system, where there is compulsory voting and a compulsion to use all the preferences, can you come remotely near to the promise and commitment of having more than 50 per cent of the vote.