Recall of MPs Bill
Debate between Lord Snape and Lord Foulkes of Cumnock(9 years, 9 months ago)
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Lord Foulkes of Cumnock
Well, one of them has come in, but the noble Lord, Lord Finkelstein, was not elected: he got in on a free ticket.
Lord Snape
In fairness to the noble Lord, Lord Finkelstein, he does write jokes for the Prime Minister.
Lord Foulkes of Cumnock
That surprises me. They are not very good jokes, are they? They are not as good as mine anyway, that is for sure.
Amendments 38 and 39 are very serious amendments. As I said, I hope that we will get some response from the Minister. I was very pleased that the noble Lord, Lord Norton, for whom I have the greatest respect—he is a great expert on the constitution and these matters— saw the link between those amendments, particularly Amendment 39, and the ones we have just been discussing.
Amendment 38 would change the day on which a recall petition will be available to sign from the 10th working day after the petition officer receives the Speaker’s notice to the 21st working day. The petition officer has other responsibilities. He is usually the chief executive or a senior officer of the local council and has lots of other things to do. The amendment gives him time to start looking for places that could be used for signing the petition and for getting staff organised and everything prepared for the petition signing. I think that 10 working days is asking too much of those hard-pressed individuals and is pushing ahead far too quickly with the procedure. He or she should be given more time.
I then propose reducing the length of the petition signing period from eight weeks to two weeks. In a general election, of course, we have only one day to cast our vote—the postal vote provision gives us other opportunities, but it is very limited. To provide eight weeks for the petition to be signed seems to me to be designed to make life really difficult for the MP. There is an opportunity for a bandwagon to be built up. Later, we will be discussing expenditure and the various organisations that may spend money—political organisations, religious organisations, pressure groups of one kind or another—which could build up their campaign against a Member of Parliament that has nothing to do with the reason why the Member of Parliament has been subject to a recall petition. Again, we will be discussing this later, but it would be possible under the present proposals.
Let us say that when the noble Lord, Lord Tyler, was a Member of Parliament for his constituency, he, sadly, suffered a recall petition. It would have been open for other people who did not like his views on the environment or any other aspect to try to get rid of him for those reasons, not for the reasons of the recall petition. Eight weeks gives opportunity for such campaigns to be got up. It would also be possible for people to oppose the Member of Parliament for things that he had done, such as votes that he had taken for or against changing the abortion limit. They might not like his religion or his views on any other aspect. Eight weeks gives the opportunity for that bandwagon effect to take place. Two weeks seems to me to be quite long enough for anyone who pays some attention to why the recall petition has been instituted to think about it and to sign it. Even in the islands, they could get from Canna to Lewis in two weeks to sign the petition. It certainly would not need eight weeks.
The noble Lord, Lord Norton, raised the issue of the cost of this whole process, which will be huge. I will be interested to see the reply and the information that the Minister gives to my noble friend Lord Howarth. The Minister said that he would provide the basis on which the £50,000 forecast was based. I must say that I am very sceptical about this, particularly the aim to keep the signing places open for eight weeks. It was originally proposed that the signing places were to be open from 7 in the morning until 10 at night—the whole time when people are normally able to vote. Now it looks as if it will be 9 am until 5 pm. That is still a full day for eight weeks. That is a very substantial amount.
Parliamentary Voting System and Constituencies Bill
Debate between Lord Snape and Lord Foulkes of Cumnock(13 years, 9 months ago)
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Lord Foulkes of Cumnock
I agree completely with my noble friend. He has just reminded me that not all that long ago, within my lifetime anyway, we appointed the Governor-General of Mauritius. He was a distinguished Governor-General who had previously been General Secretary of the Labour Party. If my noble friend had moved on in the Labour Party, he might have had that opportunity rather than coming here. The Governor did a very good job, but I am trying desperately to remember his name. My noble friend has reminded me that it was Len Williams. He proved to be an excellent Governor.
Lord Snape
Is it not a fact that we have present in the Chamber tonight two former high commissioners to Australia? I refer to my noble friend Lady Liddell in front of me and the noble Lord, Lord Goodlad, opposite. They represent another fine example of the Prime Minister of the day doing the right thing and appointing the right people.
Lord Foulkes of Cumnock
My noble friend Lady Liddell never thought it, but some people thought she had been appointed Governor-General of Australia. I know that she would have made a very good Governor-General, and indeed she and the noble Lord, Lord Goodlad, were excellent high commissioners in their time.
I had better bring my remarks to a close. I am deeply worried about the noble Lord, Lord Thomas of Gresford. He is someone for whom we have the greatest of concern and care for his future, his health and everything else. Earlier we saw him nearly have a paroxysm or a heart attack because I and others went on for too long, so I am anxious that he and the other Liberal Democrats are allowed—
Parliamentary Voting System and Constituencies Bill
Debate between Lord Snape and Lord Foulkes of Cumnock(13 years, 9 months ago)
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Lord Snape
There are no great differences between them, as my noble friend says. However, to be honest, I would not be much concerned if there were. That is a red—or, rather, a blue—herring as far as this argument is concerned. It is surely a recognisable fact on both sides of your Lordships' House that voters are apt to be found in clusters, with Labour voters in inner-city areas and Conservative voters in more rural areas. Liberal voters are, however, diffused throughout the country.
Lord Foulkes of Cumnock
We must not continue with that misunderstanding and misapprehension. For many years I represented 800 square miles of rural Scotland, and in 1997 I had a Labour majority of 21,000. Constituencies throughout Scotland such as Eastwood, Edinburgh South and Dumfries, which were thought to be Tory constituencies in perpetuity, are now Labour seats. We can win these seats and we will win many more of them.
Parliamentary Voting System and Constituencies Bill
Debate between Lord Snape and Lord Foulkes of Cumnock(13 years, 11 months ago)
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Lord Foulkes of Cumnock
My Lords, this is a simple and elegant amendment, because the sentence would now read:
“The referendum must not be held on 5 May 2011”.
That would give the Government thousands of options of when to hold it. It is just that it must not be held on the same day as the elections to the Scottish Parliament, the Welsh Assembly and local government elections in England.
The noble Lord, Lord Strathclyde—he used to be a constituent of mine; I looked after him very diligently and looked after his interests around Mauchline very well—will know that the Prime Minister, David Cameron, on his first visit to Scotland after winning the election, spoke of the respect that he and his coalition Government had for the Scottish Parliament and the Scottish Government. He said there would be a mutual respect. I am sure that the noble and learned Lord, Lord Wallace of Tankerness, a former Acting First Minister as well as Deputy First Minister of the Scottish Executive, will know the importance of that and the way in which it was received in the Scottish Parliament.
That is why Members of the Scottish Parliament of many parties and members of the Scottish Government were deeply concerned when the coalition Government, without any consultation—indeed without any information whatever to either Members of the Scottish Parliament or the members of the Scottish Government—decided to have the referendum on the alternative vote on the same day as the election to the Scottish Parliament.
We had a debate in the Scottish Parliament on 18 November about this very subject; as noble Lords know, I am currently a Member of the Scottish Parliament representing the Lothians. The Minister speaking on behalf of the Scottish Government was Mr Jim Mather, who said in relation to the respect agenda David Cameron had spoken about on his visit to the Scottish Parliament—I quote from the Official Report of the Scottish Parliament for 18 November, column 30647—
“Mr Cameron needs to try harder on that agenda, because he is not delivering so far.
I am sad to say that, to make matters worse, neither Scottish ministers nor this Parliament were advised of the UK plans in advance”.
That is not the way to exhibit or give acknowledgement to this respect agenda. There was no consultation whatsoever—not even advising the Scottish Parliament and the Scottish Government of the fact that this referendum was to be held on the same day as the election.
It is going to create tremendous problems to have the referendum and the election on the same day. In the debate in the Scottish Parliament on 18 November, the Minister, Jim Mather, also made it clear that it was unwise and inconsistent of the coalition Government to hold the referendum on the same day as the election, because in order to avoid a clash of the general election and the Scottish Parliament elections in 2015, the coalition Government—the noble and learned Lord, Lord Wallace, and his colleagues, including Mr Michael Moore—have proposed that the Scottish Parliament elections be moved so as not to coincide with the UK Parliament elections.
These are elections on the same basis. They are not referendums. The noble and learned Lord, Lord Wallace, is shaking his head. They do not use the same voting system, but they are both elections and they could be held on the same date; wisely, however, the coalition Government are suggesting that they should be changed and that they should not be held on the same date to avoid confusion. It is to avoid confusion not only in the voting procedure—the two votes being taken together—but also in the campaigning. Campaigning for the general election and campaigning for the Scottish Parliament are two different things; the issues are different, the devolved subjects are different from the reserved subjects, and people might vote for the Scottish Parliament on the basis of what the UK Government were doing instead of what the Scottish Government were doing. There is a contamination—the right word, I think—of one campaign with the other. Indeed, that is exactly the same, as I intend to show in a moment, as what will happen if the election and the referendum are held on the same day.
Jim Mather went on in the debate to say that,
“the next Scottish Parliament election will not be given the space or prominence that it deserves”.
He is right. In order for the election to be treated properly, with the kind of respect that it deserves, it needs its own space and its own prominence. That is why it needs to be held separately from the UK election and separately from the referendum.
That brings me to the points that I made in the debate in the Scottish Parliament on 18 November. I will make them again here. There are two main reasons against having the elections on the same date. They are both concerned with confusion: confusion in campaigning and confusion in voting.
An election campaign is held on a party basis—party workers, working together and fighting other parties. It is tribal, if you like. Clearly, all the Labour people are in one campaign, with all the Conservatives, Liberal Democrats, the SNP and Greens running their own campaigns for that election. However, for a referendum, there will be cross-party campaigns. If this goes ahead, I will be campaigning with the noble Lord, Lord Strathclyde. He and I—he has already confessed this—will be against the alternative-vote system. We will go around Carrick, Cumnock and Doon Valley together, perhaps, and into the streets of Mauchline, saying “Vote no!”. But he will also be saying, “Vote for the Conservative candidate”, and I will be saying, “Vote for the Labour candidate” on the same day. That will confuse the electorate.
Lord Foulkes of Cumnock
Yes, I thank my noble friend very much; I did not know that he was a fan of the noble Lord, Lord Strathclyde.
It is a very difficult campaigning concept. I was speaking earlier about the Liberal Democrats going campaigning and using loudspeakers to say, “Vote for our miserable little compromise”. It will be even more difficult if you have a loudspeaker car saying, “Vote Conservative. Vote No”. Wait a minute—do you want us to vote for you, or do you not? It confuses the electorate. They are two different things.
I am trying not to use my usual humorous manner, because it is a serious matter that will confuse people. I worked with David McLetchie, who was the Conservative leader in the Scottish Parliament, for the “Yes” campaign for the European referendum; I think my noble friend Lord McAvoy was on the other side of the argument on that occasion. The essence of referendum campaigning is cross-party campaigning and building up as strong a campaign as you can. That is very different from the tribalism of the party campaign. It will really confuse people.
The second area of confusion is voting. When the voter goes into the voting booth, there will already be two ballot papers: one for the constituency and one for the regional list. That is enough to comprehend; I am not saying that Scottish or Welsh voters are any less intelligent than English voters or any others. Then you get a third ballot paper for the referendum. That is okay as far as it goes, but the problem with putting a referendum in with a Scottish election is that the two franchises are substantially different. For the referendum it is the parliamentary franchise, and for the Scottish Parliament election it is the local government franchise. The difference is that Peers are currently on the local election franchise but not the parliamentary election franchise. This Bill takes account of that, but does not deal with the other differences. Overseas voters are on the parliamentary franchise but not on the local government franchise. Citizens of European countries living in the United Kingdom are on the local government franchise but not on the parliamentary franchise. Taking Scotland as an example, we will have all the Polish, German and French people—people from all European countries—living and working in Scotland going to the polling booth and being able to vote in the election but not in the referendum. That is confusion.
The Bill is one of the most complicated that I have ever seen, with its formulae and everything else. One of the particular complications is how the presiding officer records who has voted and how. The option is there for the polling officer to have one register or two. If there is one register, he or she must make a note next to the name of every voter of whether they got two or three ballot papers. On the other hand, if they have two registers, they must move from one to the other. That will take twice, maybe three or four times, as long as at present.
Most Members of the Committee will remember that, even during the general election, with one election under the simple system of first past the post, there were queues to vote in Sheffield, no less. Some people lost their vote because of those queues because they could not get into the polling place before 10 o’clock. Imagine how much more difficult it will be when you have three ballots—two for the Scottish Parliament and one for the referendum—and it is then being marked on two registers or one register. All of that complication will ensure that there is confusion at the polling place. Perhaps people will be denied their vote because they cannot get in due to the time that it has taken to carry out this complicated procedure.
Because of a lack of respect, the Scottish Parliament was not consulted. This is what would have happened if it had been consulted: in that debate on 19 November, the Scottish Parliament voted by 90 votes to 30 to petition this Parliament not to have the referendum on the same day as the election. If the coalition presses it through that it should be on the same date, it will be going against the clearly expressed view of the democratically elected Scottish Parliament, passed by a majority of 60, or 3:1. I am sure that the coalition would love to have that kind of overwhelming majority in the Lobbies here tonight or on any other occasion.
I plead with the Government to listen to the Scottish Parliament and its democratically expressed view that these two elections should not be held on the same day. If the noble Lord, Lord Strathclyde, is replying to this debate, I am sure that he will understand the problems involved, and that this will be the first amendment that the coalition understandably accepts.