Parliamentary Voting System and Constituencies Bill

Lord Tyler Excerpts

Wednesday 15th December 2010 Lords Chamber

[Lord Lamont of Lerwick]

I support what the noble Lord has said. A leaflet describing the pros and cons of different electoral systems cannot be factual, as there are values and opinions. The assertion that one voting system means that people will have more than 50 per cent of the electorate’s support is open to argument. Of course you can go into a certain amount of detail about whether a fourth preference is as valuable as a first preference, but the argument is even more complicated than that. Surely the Government ought to consider the possibility that there should be no leaflet of any kind from the Electoral Commission. The Electoral Commission has chosen two designated organisations, both of which will receive public funds. Why not leave it at that? Why do you have to have somebody listing the pros and cons in a way that will inevitably be attacked from both sides?

[Lord Tyler]

My Lords, I am tempted to ask, as the Irishman did, “Is this a private fight or can anyone join in?”. I cannot at the moment see where Schedule 19C to the 2000 Act, on civil sanctions, gets anywhere near the issue of the leaflet. If we can all discuss anything anywhere in the Bill, I have several suggestions about what we might discuss. We can come back to this later. I think that it is an important issue but it is not covered by this group of amendments. Please can we have some time later to discuss the issue? I sympathise with the point that the noble Lord, Lord Soley, is making, but it ain’t here.

[Lord Soley]

I agree with that, too. The problem is that the Minister raised it.

--- Later in debate ---

[Lord Grocott]

My Lords, the amendment could not be simpler in its objective. It would shorten the Bill, and is about how the election will be conducted and declared. It refers to Clause 7(2) of the Bill, which says, in defining the various voting areas, that they shall be,

“a district in England … a county in England … a London borough … the City of London … the Isles of Scilly … a constituency for the National Assembly for Wales … a constituency for the Scottish Parliament … Northern Ireland”.

My amendment simply deletes all that and replaces it with the most commonsense way to consider and declare an election relating to the House of Commons: to say that the results will be declared on a constituency basis. It basically replaces 10 lines with two.

I am emboldened in moving the amendment, not least by the contributions of the noble Lord, Lord McNally, in his responses in various other clauses, where he has repeated time and time again that his intention is to follow as closely as possible what happens in parliamentary elections in all the details of how this referendum is conducted. I could quote any number of examples, and that is precisely what my amendment does. For example, in the debate the other day on whether voting in the referendum at the age of 16 should be allowed, the noble Lord said in rejecting the amendment:

“Then as now, the Government's position on the franchise and in all other aspects relating to how the referendum is run is that we should follow the arrangements for parliamentary elections”.—[Official Report, 13/12/10; col. 464.]

That is precisely what I am doing with the amendment.

Noble Lords may ask why. What is the point of having elections conducted and returned on the basis of parliamentary constituencies? The clue is in the Title to the Bill: the Parliamentary Voting Systems and Constituencies Bill. My reason for moving the amendment is that the Bill goes to the heart of the relationships between constituents and the Member of Parliament. That is what it is about, and why I and others are so concerned about it in many ways.

I will concede, perhaps the only concession I could make to supporters of the alternative vote system, that the proposal has the merit of not disconnecting Members of Parliament with their constituencies. I have long believed—and this is why I support first past the post more than any other system—that, to use the cliché, the jewel in the crown of the system of parliamentary elections in the United Kingdom is that there is this close link between Members of Parliament and their constituencies.

I am not criticising AV in suggesting that the results should be declared on a constituency basis. I am saying that the constituency results are important. Of course, I freely concede that the most important result of a referendum is to know what has happened nationally. You total the votes up and see who has won and who has lost; that is basically what happens. As I have said, however, this is about constituencies and the verdict of people in their constituencies. During the referendum, if noble Lords ignore the national picture for a moment, we are in effect saying to people, “For generations, your parents, grandparents and perhaps in some cases great-grandparents have returned Members of Parliament from this area”—which we hope is a coherent area, but we will come to that later in the Bill. “Are you happy with how you have been choosing your Members of Parliament? Because some people are saying that they are dissatisfied with how that is done”.

By returning the results in individual constituencies, you are at least relating the conduct and outcome of the election to the very heart of what this change in our constitution, should it be carried, is about. It is, frankly, pointless and irrelevant to do as the Bill does: to declare results on the basis of boroughs in the United Kingdom, for example. What on earth is the basis for that? Does it tell us whether the borough of this, that or the other voted for or against the referendum? Nor do I understand the significance of declaring one constituency for the whole of Northern Ireland.

[Lord Tyler]

As the noble Lord knows, I share his view about the connection between a representative and his or her constituency. He and I take that seriously. I am sure that he has looked at the evidence given by the Electoral Commission, to which many tributes were earlier paid for its independence and the care with which it is preparing for this. Therefore, does the noble Lord note that it summarises its view on his amendment by saying that it would create an unnecessary risk to the successful delivery of the scheduled elections and referendum? That is pretty specific. Will the noble Lord address that point? We are sympathetic to his general point. Our concern is the practical issue.

[Lord Grocott]

I will address that point precisely in a moment. I am currently simply pointing out that, in relation to a normal parliamentary election, to have the various categories of electoral district as laid out in the Bill offers meaningless figures. It is particularly confusing in Scotland and Wales, where the results of the referendum debate—which is, I repeat, about parliamentary elections—will be based on the constituencies of the National Assembly for Wales and the constituencies of the Scottish Parliament. I do not know too much about Scottish politics, but I do know that the constituency boundaries for Scottish parliamentary elections are different from the constituency boundaries for the House of Commons. It is suggested that that is not the appropriate area in which to consider and declare the results, but it simply makes the whole operation more confusing if they are declared on a different basis.

The noble Lord, Lord Tyler, rightly drew my attention to the wording of the report by the Electoral Commission. I do not think that I have ever been referred to by the commission before, so this is a moment in my life—I do not know about anyone else’s. I have to say that I have a fair bit of concern about what the commission has said, and I hope that when he sums up the Minister does not simply repeat it but gives some credence to the points that I am making. The commission says that:

“Amendment 40B seeks to change the voting areas for the referendum so that they are the same as UK parliamentary constituencies”—

the simplest possible proposition, of course.

“The voting areas currently in the Bill reflect the voting areas for the scheduled elections on 5 May 2011, the polls for which are to be combined with the poll for the referendum if they take place on the same day”.

That is a statement of fact, but now comes—for me, at any rate—the contentious bit:

“We understand”—

this is the Electoral Commission, the independent body to which the noble Lords, Lord Tyler and Lord McNally, have paid tribute—

“that it is the Government’s intention that the referendum should take place on 5 May 2011. We do not support this amendment as making such a significant change to the rules for the referendum this close to 5 May would create an unnecessary risk to the successful delivery of the scheduled elections and the referendum”.

Bearing in mind the unprompted mini-debate that we had earlier about how neutral the Electoral Commission could be, were it to provide a descriptive leaflet of AV on the one hand and first past the post on the other, the commission’s comment on this amendment rang alarm bells in my brain. It is not commenting in any shape or form on the merits of the argument that results should be by constituency; it is commenting on the basis of whether this would be convenient to the Government, who want the referendum on 5 May 2011. That is a pretty inappropriate thing for the Electoral Commission to say. By all means it could say, “The Government want to do this but of course that’s none of our business; they might change their mind”.

What is even more significant and concerns me, although I cannot believe it to be true, is that the Electoral Commission appears not to have seen the result of the amendment proposed by my noble friend Lord Rooker and carried, which gave the Government all the flexibility that they might need to deliver the Bill in a timely way with proper scrutiny. As it now stands, the Bill says that the referendum does not have to be held until October next year, which would give plenty of time for the oddity in the way that these election results are declared to be rectified.

This is not rocket science. Having a general election on the same day as local elections—maybe this is helping the Government, I do not know—is a tried and tested operation. To repeat myself, I am suggesting that the referendum should be counted just like general election constituencies. I have not done an exhaustive list, but we know that this year’s general election was held on the same day as local elections, as were those in 2001 and 1997. I am certainly not likely to forget the election in 1979 that was held on the same day, when the electorate decided that I should spend more time with my family; that is an election that I will not forget in a hurry. The idea that somehow the electoral administrative machinery cannot cope with dealing with results by constituency on the same day as local elections seems to be negatived by experience.

I am concerned that the Electoral Commission, no less, should be advising us to turn this amendment down—and I hope that I have demonstrated that it is at least worthy of consideration—on the grounds that it does not meet the Government’s timetable. When the Minister comes to respond to this, I hope that he does not use that argument. As I said when I intervened on my noble and learned friend Lord Falconer earlier, I feel a bit hurt by all this, or maybe he should, because when he proposed the amendment earlier today he was able to quote the Electoral Commission as broadly agreeing with what he was saying but it did not recommend that we should vote for his amendment. Now it broadly disagrees with what I am saying but it is telling the House to throw it out—and, by implication, the noble Lord, Lord Tyler, obviously takes it very seriously. Perhaps I should not take this personally.