Parliamentary Voting System and Constituencies Bill

Debate between Lord Snape and Lord Grocott

Monday 10th January 2011 Lords Chamber

[Lord Grocott]

My Lords, I am slightly hesitant in rising to speak to the amendment because I had hoped that we might hear a contribution from the other side of the House. No one could argue—perhaps the noble and learned Lord, Lord Wallace of Tankerness, could respond to this point—that the issues that we are discussing today are not of profound constitutional significance. The provisions in the Bill will alter the relationship between MPs and their constituents, the overall number of MPs and the ways in which the public can be involved in determining the electoral areas from which they will send their representatives to Westminster. If those issues are not of profound constitutional consequence, I do not know what issues are.

I must also say—if I may get my retaliation in first—that I really find it offensive to hear continual references to filibusters taking place when discussions of this significance are before the House. In fact, I would say that there is negligence on the part of groups, parties and individuals who do not make a full contribution to this debate. No one could possibly argue that there was a full debate in the House of Commons. I remind the noble and learned Lord, Lord Wallace—it is convenient that he is in his place—that it was his leader who described these changes as the most profound since the Great Reform Bill of 1832. I have not had access to those debates, but if they really consisted of only one party having anything whatever to say about those proposals, and if those proposals were shovelled through both Houses in next to no time—this is a timetable that I have never seen before—then I would be very surprised indeed. It is our duty to examine these issues. They are of profound significance.

As for my noble friend’s amendment, although I would guess that he and I disagree on a huge range of issues connected with constitutional reform, I regard this as a masterly amendment. I defy anyone in this House to explain in detail why this is the wrong way to go about major constitutional reform. I hope that the noble and learned Lord, Lord Wallace, when he sums up, will not read out what I would guess his briefing notes suggest—that this legislation must be passed by 15 February in order for there to be enough time to hold the referendum on 5 May. That is not a reason for rushing through major constitutional reforms, so I hope that he does not say that.

I hope that the noble and learned Lord also does not say that there has already been excessive consideration of the Bill. This Bill—a huge Bill, a constitutional Bill—has so far had six days in Committee on the Floor of the House. I would ask him to look through the record of the previous Government, or of any other Government, to see the amount of time that was taken on Bills of far less significance. That is not to say that those Bills were not important—they were—but they had far less long-term, irreparable and unchangeable significance than this one. If you are changing the constitution, it is very difficult to change it back. The noble and learned Lord will find several Bills that took longer than this one has taken. We have got through roughly half the Bill—through Part 1—in six days in Committee. If the next period in Committee takes six days as well, it will still be impossible to meet the deadline of 15 February. That is not filibustering—that is the minimum required scrutiny. In fact, I would regard that as far too slight a scrutiny of a Bill of this importance to enable us to say that it has been considered properly by this House.

I must confess to being politically naïve. When I heard that the Conservative Party was suggesting that there should be a reduction in the number of MPs, I did not like it, but I was relatively relaxed about it because I knew that there would be plenty of time for discussion. I knew that you could not hurry Boundary Commissions. I knew that the last Boundary Commission for England took six years, so I thought, “Well, at least I will have plenty of time to discuss whether this is a good or a bad proposal”. It honestly did not occur to me for a moment that they would be scrapping the whole system of democratically accountable local inquiries—it just did not cross my mind that they would do that. Nor did it cross my mind that they would want to spend £12 million or so having a rushed Boundary Commission report—which is what the last Boundary Commission for England cost—when they keep telling us that every penny has to be saved.

As for the Liberal Democrats, it did not occur to me in my wildest dreams that they would say, “The thing we must do first in this new Parliament is to ensure that by 5 May we are asking the people whether they want the alternative vote system of proportional representation”. We know what the Liberal Democrats think about that system—I will not embarrass them by quoting their leader yet again; I think we all know the answer to that one—but for them it is a temporary, short-term arrangement so that they can move on in due course to full proportional representation.

I say to the Government that if they are wondering why the Bill is taking a long time, as they seem to suggest, they should look at the issues raised in my noble friend’s amendment. They should give us some sensible answers to the questions about why there cannot be a commission, and about the relationship between the two Houses. Here we have a Government who are reducing the number of Members of Parliament by 50 but, let us get this on the record, since the general election the number of new Members appointed to this House—many of whom I am delighted to see here; I am not complaining about them—is 117 so far. I remind the House that this is what the Deputy Prime Minister has described as a hugely important series of constitutional Bills that are all interrelated, and that great brains have been operating on them in order to show the nuance of the balance between the various pieces of legislation that are being brought forward. If there is any rational overview that allows simultaneously 50 fewer MPs and 117 additional appointed Members of the House of Lords, please could the noble and learned Lord, Lord Wallace, explain to me what it is?

I have a final plea but it is one not made in hope, or indeed in expectation. Maybe just once, in response to one of the amendments from this side of the House, the Government could do what most Governments do from the Front Bench—many of us have been there—and say, “Look, we don’t really like the form of this amendment”, but at least acknowledge that there is some really powerful argument or justification for the points that we are making. At least they could say, “We’ll look at some of it, and we’ll bring some proposals back on Report”. I ask the Government not to regard this botched Bill as an impregnable piece of perfect legislation that should not be subject to any change.

It will be a test for the Government to see how they respond to a totally justified and well argued amendment, supported by people on very different sides regarding electoral reform and the future of the House of Lords; my noble friend Lord Wills and I are certainly on different sides. Let us hope for something better from the government Front Bench than we have had on any amendment so far.

[Lord Snape]

My Lords, I follow my noble friend Lord Grocott’s earlier remarks about the debates that we have had so far on this enormous piece of legislation. For the same reasons as my noble friend, I feel strongly about much of its content. Like him—perhaps I could put this slightly stronger than he did—I deplore the lack of speeches from the Benches opposite. Indeed, having attended every day of the Committee so far, I have to say that this is the largest attendance that I have seen from the Conservative Party. The flesh might be present, though, but the spirit is pretty weak; we are still not seeing any contributions of either support or opposition from the Conservative Benches.

The Conservatives are slightly shamed by their coalition partners who are here in strength, although we are not hearing a great deal from them either, other than expressions of cynicism and impatience from one or two of them so far. It is regrettable that they cannot bring themselves to put some coherent arguments together in support of this enormous and extremely important piece of legislation.

My noble friend Lord Grocott mentioned the fact that there are accusations—this has not so far been said publicly, but there have been attempts to give this impression—that there is somehow some sort of filibuster taking place on the Labour Benches. I was contacted during the Christmas Recess by someone purporting to be from the Sunday Times, not a newspaper that I am overly fond of these days. I understand that investigations were taking place into the contents of some of the speeches on this legislation from this side of your Lordships’ House. Nothing has appeared in the Sunday Times yet because, I fear, when the reporter concerned put this story together, as reporters do, they managed to give the impression that what had been happening so far was that the Labour Benches had been doing the job for which they were appointed to this House and the Benches opposite had not. That would not for a moment satisfy the editorial tendencies of the Sunday Times, so it is no wonder that we have seen no more. However, the constitutional outrages in the Bill ought to be properly reported. If we had a press in this country that reported proceedings in this House and in the other place, rather than paying braying public schoolboys to pour buckets of verbal ordure on those they consider to be their social inferiors, the country at large might be alerted to the coalition Government’s outrageous behaviour and their attempts to rig both Houses of Parliament under these proceedings.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Snape and Lord Grocott

Wednesday 8th December 2010 Lords Chamber

[Lord Snape]

I do not want to argue with the noble Lord’s view of what took place 30-odd years ago, but that was not quite the impression that I had in the Whips’ Office at the time. However, that was quite a long time ago.

[Lord Grocott]

As one who was a foot-soldier when my noble friend and the noble Lord, Lord Stoddart, were exerting authority, I can say only that voting did not seem to be an optional matter from where I was sitting.

[Lord Snape]

We had better leave it at that then.

I referred to the noble Lords, Lord Hamilton and Lord Norton. I am grateful for their partial support. Both were against compulsion but favoured the idea of a voucher or some financial incentive to the voters to turn up to vote. Perhaps, in withdrawing the amendment, I can point out that we three are all against compulsion but in favour of bribery. I beg leave to withdraw the amendment.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Snape and Lord Grocott

Monday 6th December 2010 Lords Chamber

[Lord Grocott]

I wholeheartedly agree with that, and I speak as someone who has lost nearly as many elections as the noble Lord, Lord Phillips—four, as a matter of fact, all for the Labour party. If anyone should be opposed to first past the post and want to change to any other electoral system, it probably ought to be me. I should add that I have also lost three county council elections and one or two parish elections as well. So it is a pretty abysmal electoral record. However, I have no doubt whatever that as far as local electors in local constituencies are concerned, first past the post is the fairest, best and most understood electoral system. But that is not what we are here to debate. I am not going to filibuster—I can assure the House of that. I am going to stick rigorously and briefly to the amendment that we are debating and try and say why I am opposed to it.

The amendment would give us a choice between first past the post, the alternative vote system and a proportional vote system. People like me used to be at a huge disadvantage—like the noble Lord, Lord Lamont, I have not changed my mind on this over decades—but I support, and always have done, first past the post. Historically, however, we were always at a huge disadvantage. We were asking people whenever we were in debate, “Judge the first past the post system, which you know and with which you are familiar, against these various alternative theoretical systems”, which were unspecified—and particularly, I say without undue criticism of the amendment, unspecified in the choices being put to the electorate here. As for the first past the post system, it is precise and exact. That is what we know. That is what we have lived through. It has its strengths and it has its weaknesses, and we are very familiar with its weaknesses.

As for the alternative vote system, as my noble friend Lord Campbell-Savours has already conclusively argued, it is actually a series of possible options in itself. As for a proportional vote system, there are very nearly as many of those as one can imagine. Whenever I was in a debate with someone about first past the post versus proportional representation, they would always say to me, “Ah, but you’re arguing against that form of proportional representation, not the form of proportional representation that I am in favour of”. When you are choosing between what is known and what is unknown, a referendum of this sort is always difficult. But I am not therefore arguing that you can never put anything to the electorate because, taking that to its logical conclusion, you never could put anything to the electorate as you would always know what is familiar best. I am saying, in relation to this amendment, that if we are to have a referendum—I would prefer that we did not, but if we do—it needs to be as specific as it can be.

I find myself in a strange position. Probably for the first time in my life, I agree with the noble Lord, Lord Rennard. I do not think that this amendment is helpful. It does not have the precision of the proposal currently on the table: it is first past the post versus the alternative vote system. That at least has the merit of clarity, although I would much prefer that we did not have either.

The noble Lord, Lord Rennard, helped the House—at least it was helpful to my line of argument—when he conceded, and he can correct me if I am wrong, that for him, and I would assume that it would apply to whatever referendum question went to the public, this would only be a short-term solution. This is a referendum about work in progress. I must say that that alarms me.

I think that I can probably help the noble Lord, Lord Strathclyde, in his summing up. His Liberal Democrat colleagues rightly have been asked: “How long? Should this referendum result in a yes, for how long would it stand?”. The Liberal Democrats have already given us their answer, which is basically: “As short a period as possible. We want to move on rapidly to full PR or whatever”. I can guess what the answer of the noble Lord, Lord Strathclyde, would be if he were asked: how soon after a yes or no vote should the matter be put to the public again in a referendum? I would guess that his answer would be, “We wouldn’t want to touch that with a barge pole”. I think that that would at least be a straightforward and honest response. But as far as this proposed amendment is concerned, it is not one that should be attractive to the House.

[Lord Snape]

It is a pleasure to follow my noble friend Lord Grocott. So far in this debate it has been the other way round. He will not be surprised to learn—I do not know how gratified he will be—that I agreed with every word that he has said, too. Like him, I am a fan of the first past the post system. Unlike him—purely coincidentally, I am sure—I have had a bit more success, which is probably the best argument against first past the post that either side of your Lordships’ House has come up with. Certainly I do not find much favour with the amendment due to the various alternatives that it provides. No one listening to this debate could doubt the sincerity of the noble Lord, Lord Phillips, although I found some of his conclusions somewhat confusing, to say the least. We talk about young people and politics. There will be lots of young people interested in politics demonstrating outside this building this week, largely because politicians who make promises and then immediately break them do not greatly enamour themselves to those young people.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Snape and Lord Grocott

Tuesday 30th November 2010 Lords Chamber

[Lord Snape]

I support my noble friend Lord Rooker and endorse largely what has been said by my noble friend Lord Hamilton. Can you imagine if a Labour Government produced the sort of constitutional changes that we debate this evening with all the other constitutional matters that this Government intend on forcing through this House as they have forced them through the other place? The British press would be outraged if a Labour Government tinkered—that is the wrong word—or smashed the constitution in the way that this Government propose to do. If we had proper parliamentary journalism, either in this House or the other place, you would see the same outrage about the proposal that is before your Lordships today. In reply to this debate, the noble Lord, Lord McNally, smiled at my introductory remarks when I spoke on Second Reading. I think that he accused me of a Max Miller-type performance. I had to ask some of my older noble friends who he was talking about because, of course, I had no idea who Max Miller was. I hope he will accept that I will not indulge in such a performance this evening. I am seriously concerned, as are many of my noble friends, about the proposals before your Lordships tonight.

The House ought to listen to my noble friend Lord Rooker. I have known him for over 40 years. Indeed, I was his Whip in the 1970s, which was no easy task. He has always been a man of independent thought, view and expression. I remember in the 1970s that he and another colleague managed to drive a coach and horses through Denis Healey’s budget, which caused me, as his Whip, a rather painful interview with the Chief Whip at the time. Those on either side of your Lordships' House who have ever worked in the Whips’ Office in either place will know just how painful such an interview could be. The House should listen to what my noble friend said earlier today. Is it really our intention, as my noble friend outlined, that no matter what the majority, or how many people participate, to pass legislation that will fundamentally change the way that Parliament—the House of Commons—is elected in this country? Surely it is incumbent on this House to stop this madness and say that an indicative referendum is the only acceptable option at present. Are we really saying that regardless of turnout, the argument and other matters being discussed by the British people, the result of the referendum will be binding on both Houses? As my noble friends have done, I appeal particularly to the Cross Benchers, who traditionally and understandably regard themselves as the guardians of the traditions of your Lordships’ House and of this country, to think very carefully about how they vote tonight. I appeal to them to support my noble friend and vote for what I believe is the only sensible course of action open to us.

[Lord Grocott]

I always tremble a little when I follow my noble friend Lord Snape, who was also my Whip during the 1970s. I shall follow the habit of a lifetime and agree with him on this matter. I was delighted that my noble friend Lord Foulkes was able to penetrate the weak thicket of my arguments and deduce that, on balance and weighing all things up, I am totally in favour of first past the post. I am pleased to be on exactly the same side of the argument in respect to this amendment as my noble friend Lord Rooker. That may surprise noble Lords given that, although we agree on most things, over the years we have not agreed on electoral reform. His argument about the need for this to be an indicative referendum was absolutely convincing.

Surely we can all agree that this is a very unusual amendment. I want to deal briefly—I hope this is the last time that I have to do so—with the argument put forward by the Lib Dems that somehow the Labour Party in opposition must be bound by every dot and comma of the manifesto on which it has just lost the election. The concept of a referendum on AV has already been road tested. The Conservatives and the Lib Dems opposed it before the election and are now bringing it in, presumably claiming that they have a mandate to do so. Perhaps the noble Lord, Lord McNally, can tell us whether he thinks that there is a mandate to do that. I hate to keep repeating the fact that the one party that would have had a mandate lost the election. I do not like losing elections, even though I have lost an awful lot of them over the years. Therefore, we can put that issue to bed, but if anyone raises it again I give whoever does so, particularly the Lib Dems, a severe warning that I shall look through all their election manifestos covering the elections they have lost, which now covers a period of about 100 years, check on all the commitments that they made and start reading them out. If people are awake at the end of it full marks to them, but can we please put that argument behind us because it does not hold water?

This is, indeed, a very unusual referendum. Whatever we think of the merits of it, I think we can acknowledge that it is unusual. As a lifelong member of the Labour Party, I find myself agreeing in key respects with both the Conservative Prime Minister and the Liberal Democrat Deputy Prime Minister. I agree with the Prime Minister’s opposition to AV, and whenever the referendum takes place—I hope that will not be for a while—I shall be voting the same way as him. However, I must say in passing that it must be the first time ever that a Government have called a referendum which they hope to lose. That is a constitutional first, if nothing else. I agree very strongly with the right honourable Nick Clegg’s description of the measure as a miserable little compromise, as my noble friend said. However, to put it mildly, that is not a strong basis on which to hold a referendum. In addition, the Government are committed to holding it on the same day as local elections, which means that it will be a legislative referendum. That is essentially what it is; it is not an indicative referendum but one which legislates. We know that there are massive differences in turnout in different parts of the country. That is not a good basis for any decision, but is a particularly bad one when we are effectively asking the electorate to legislate. As I have already said, for different reasons the two key members of the Government are not wholeheartedly committed to the referendum, so for that reason, if none other, it should be no more than an indicative referendum.

I conclude by asking the noble Lord, Lord McNally, a question which will need to be asked sooner or later as it is very important to the nature and integrity—if that is not too pompous a word—of the debate that is taking place. I cannot claim that I have read by any means all the various reports on this matter, but there seem to be very strong indications emanating from the Lib Dem negotiating team in the coalition building programme. This is a serious question and I hope that the noble Lord will give it a serious answer. The members of the team were very keen indeed for either the Labour Party or the Conservative Party to bring forward legislation to impose the alternative vote system on the British people—neither party having campaigned for it—and that it should be imposed without a referendum. Either that is a fact or it is not—I do not know as I was not part of either negotiating team and would not have expected to be. However, we need to know the answer to that question before we can proceed any further with this passionate commitment.