Fixed-term Parliaments Bill

Debate between Lord Tyler and Lord Bach

Monday 21st March 2011 Lords Chamber

[Lord Bach]

My understanding is—and if I am factually wrong of course I apologise—that all elections were put back one week in that year for that reason. I use it by way of example if it is not factually correct. In other words, if something has happened that is important to many millions of potential voters, does it fall in to Amendment 24, tabled by the noble Lord, Lord Norton? If it does not, should some account be made for such unforeseen circumstances that might affect turnout or a number of issues? That may not be the best example, but one can think of other examples of the same kind.

[Lord Tyler]

Is that not a very good argument for adopting the solution that we are proposing that it should then be a political decision and that we do not try to foresee unforeseen circumstances? I speak as somebody who fought a by-election at the height of the Falklands war. That was unforeseen, but I did not think that that was an improper occasion to hold an election. What was significant about 2001 and foot and mouth was that it was impractical to ask people to go to the poll in large areas of the country, including my own. That was what was particular about those circumstances. Therefore, I think the solution that we are proposing from these Benches is preferable. A political consensus across the two Houses of Parliament is preferable to trying to write in advance circumstances that are by nature unforeseen.

[Lord Bach]

The Committee will see the powerful nature of the argument the noble Lord, Lord Tyler, makes, but whether that absolutely precludes some amendment of the type that the noble Lord, Lord Norton, has put before the Committee tonight, I am not so certain. To have both would be a kind of double of lock that would not exist if we just relied on Parliament in this instance. There may be other instances that are not covered by Amendment 24 that the noble Lord, Lord Norton, might want to consider. That is our position at the moment. We are slightly sceptical that the solution has yet been found.

How wonderful it is to see the noble Lord, Lord Rennard, in such fighting form on this Bill. We missed that fighting quality so much in the weeks and months that we spent on the previous Bill. Keep it up.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Bach

Wednesday 9th February 2011 Lords Chamber

[Lord Tyler]

Perhaps the noble Lord also saw that the Electoral Commission, in its advice to your Lordships' House, also said something that the noble Lord, Lord Lipsey, did not mention: namely, that while it supported the principle of the amendment, it did not feel that it was necessary as its intended outcome could be achieved through the chief counting officer's power of direction for the referendum, as provided for in the Bill. Therefore it is not entirely fair to say that the situation has changed in the way that the noble Lord, Lord Lipsey, and the noble Lord, Lord Bach, said.

As someone who has in the past given informal advice to the Electoral Commission, I agree that it is not beyond criticism. I am sure that some criticism of it is entirely proper, but it would be unfair to suggest that it has changed its mind in the way that was mentioned.

[Lord Bach]

I am very grateful to the noble Lord, as always—and the Electoral Commission must be even more grateful than I. These are sensible amendments that one would have thought the commission would have supported, given all that it said about the scandalous issues that arose in Sheffield and a few other places during the last election. It is remarkable that it seems to have changed its mind.

I will put that to one side. The Government will make up their mind about whether to do something about the scandal in May last year. My question to the noble and learned Lord is: what do the Government intend to do to make sure that this does not happen again in May this year?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Bach

Tuesday 8th February 2011 Lords Chamber

[Lord Bach]

My Lords, other noble Lords have also tabled amendments in this group. They would insert a number of additional factors for Boundary Commissions to take into account when drawing up constituencies for the four parts of the United Kingdom. In particular, they would insist that regard should be had to the boundaries of English counties and London boroughs. It would also place greater emphasis on the importance of electoral wards in the boundary-drawing process.

At present, the new rules for drawing constituency boundaries proposed in the Bill are dominated by the overriding requirement for every constituency, with very few exceptions, to fall within the margins of 5 per cent either side of a new UK-wide electoral quota. Although in rule 5 of Schedule 2 under Clause 11 a number of further factors are listed which the Boundary Commissions may also take into account when drawing constituencies, these additional factors are of course subordinate to the numerical prerequisite.

Independent electoral experts and the heads of the four Boundary Commissions have all made it clear on the record that, in order to meet the proposed numerical targets, individual wards will almost certainly need to be divided. The four heads of the Boundary Commissions told the Political and Constitutional Reform Select Committee:

“The changes to the total number of constituencies, and the tighter limits on the number of electors in each constituency, will result in a complete redrawing of constituency boundaries ... The electoral parity target may require the Commissions to work with electorate data below ward level in many cases”.

That statement is utterly at odds with the words of the right honourable gentleman the Deputy Prime Minister, who told your Lordships’ Constitution Committee that,

“we must be able to use wards as the continued building blocks of constituency boundaries”.

Splitting wards in many cases will, as the Boundary Commissioners warn, result in major changes to the established pattern of political representation, and that is true of England in particular. The secretaries of the four commissions went on to tell the Select Committee:

“The electoral parity target will result in many constituencies crossing local authority boundaries. Early modelling suggests that in Scotland between 15 and 20 constituencies (of 50), and in Wales between 23 and 28 constituencies (of 30), would cross a local authority boundary ... the application of the electoral parity target is likely to result in many communities feeling that they are being divided between constituencies”.

The fracturing of wards and the crossing of county and local government boundaries would create administrative confusions that would feed into a sense of social dislocation. It would create particular problems for political parties at a structural level, especially in the case of the Conservative Party and my own party, the Labour Party, which are both organised on a constituency and ward basis. Significantly, Professor Ron Johnston, whom the Government are always praying in aid, told the Political and Constitutional Reform Select Committee that one academic study had shown that,

“when a ward was split a lot of the ward activists drifted away. They had lost their rationale to represent this place, this place no longer existed, it was in two parts and political activity declined”.

That will mean, of course, very great organisational challenges for local parties, especially with the much more frequent and disruptive boundary reviews that the Bill envisages. Our amendments would provide more solidity to the boundary review process, better balance to the process for drawing constituencies and a greater understanding about the potentially damaging knock-on effect of the rigidly mathematical framework on which the Government are currently fixated.

I hope that the Government can respond favourably to these amendments and, in particular, I hope that they are able to accept Amendment 21C, which would insert into rule 5 of Schedule 2 in Clause 11 the following statement:

“Wards shall be the building blocks for parliamentary constituencies”.

That is word for word what the Deputy Prime Minister said to your Lordships’ Constitution Committee. I wonder whether the Minister is able to concede an amendment to the Opposition that merely requires the Government to agree with what the Deputy Prime Minister said. I beg to move.

[Lord Tyler]

My Lords, I shall speak to Amendments 27A, 27C and 27D. I want to pay tribute to my noble friends on the Front Bench because this responds directly to a request made in Committee by my noble friend Lord Rennard and me that we should have some very simple, practical rules in the Bill to deal with the issue to which the noble Lord, Lord Bach, has just referred. These amendments together seem to us fully to meet our concerns. I think that they are practical and sensible, but they recognise that in certain parts of the United Kingdom it will be very difficult to be precise; for example, in a big city like Birmingham where the wards are very big indeed—I believe that they run to hundreds of thousands of people. In those circumstances, obviously you cannot have a hard-and-fast rule. However, Amendments 27A, 27C and 27D meet fully the requirements of a realistic appreciation that wards will indeed be the building blocks of constituency size; but we have to have some flexibility to meet the particular concerns and needs of different parts of the United Kingdom. I am very grateful to my noble friends.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Bach

Wednesday 2nd February 2011 Lords Chamber

[Lord Bach]

I take on board what the noble Lord has said. He is right—there should be recounts for those who finish equal sixth, for example, to ascertain who finished sixth and who finished seventh. Of course that should take place. However, if at the end of it there is an equality of votes between the top two candidates, the amendment suggests that there should be a run off within a month. If there is a tie at any stage between the top two candidates—not the fifth and the sixth but those with the most votes—there should then be a run off. Of course, there would be recounts galore to ensure that the numbers are equal, but that sometimes happens.

[Lord Tyler]

I do not think that is what the amendment says. It states:

“If there is equality of votes at any stage of the counting process”.

There is no reference to recounts.

I have some sympathy with what the noble Lord, Lord Bach, is saying. On one occasion I stood for the county council and, after all the recounts, there was a dead heat and we tossed a coin. I luckily lost and did not have to serve on the county council—I ended up in the other place instead.

In such circumstances, surely you go through the whole process before you reach this stage. The noble Lord, Lord Rooker—very uncharacteristically—has produced a defective amendment.

[Lord Bach]

My Lords, that is very doubtful indeed. The expression “at any stage” could well apply to the position after there had been recounts. When you reach that stage the count should be abandoned, to use my noble friend’s words in the amendment.

I would never accuse the two noble Lords but there is a kind of nitpicking in relation to this amendment. It is certainly not my intention—unless they persuade me otherwise—eventually to ask for the opinion of the House on the amendment; I want to know what the Government feel about this issue. My noble friend is making a serious proposal. He does not like lots being used at any stage in a democratic election and many may feel that he has a point. He says let the voters decide, not the toss of a coin or the drawing of short and long sticks. It cannot be right for administrative convenience to take over from elections.

My noble friend’s second amendment also relates to alternative vote elections. Noble Lords who are still following me will see on page 297 rule 12(2)(b), which reads,

“the numbers on the left-hand side are omitted, together with the vertical rule separating them from the particulars of the candidates”.

In other words, under an alternative vote election, because it will be open to a voter to put “1”, “2”, “3” and so on on the right-hand side of the ballot paper, the number by each candidate that we are used to seeing on the left-hand side will go in alternative vote elections.

My noble friend is concerned about that, although he sees the sense of why that should be, because there may well be confusion if the numbers on the left-hand side link “1, 2, 3, 4, 5, 6” and the job of the poor voter is to put in “1, 2, 3, 4, 5, 6” on the right-hand side. There is a serious point here that we should not run away from. This is an issue because in a number of constituencies—maybe many around the country, not just inner-city ones but also ones in other areas—English is the second language for many people, and they currently vote by numbers. Supporters of all parties have been known—and there is nothing wrong with it at all—to stand outside the polling station, asking for support for a particular number on the ballot paper. In other words, the voters do not do English for names but can do numbers. This is not a patronising comment, it is what actually happens in the real world and it is the way votes are taken quite legitimately in some other foreign countries.

Supporters of a particular candidate can no longer use numbers because they will not be on the ballot paper under the alternative vote system. This amendment is strictly to probe the issue of names and numbers on ballot papers, were we to have an alternative vote system. My noble friend—I do so on his behalf—asks whether the Government have thought about this issue and whether this will make people a bit more reluctant to go to the polls or to vote if they realise that this change will be made and they will not be able to vote by numbers. I beg to move.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Bach

Monday 31st January 2011 Lords Chamber

[Lord Bach]

I think that that puts the law in a very interesting position on this important point. I am grateful to the noble Lord, Lord Lawson, and to my noble friend Lady McDonagh for raising these issues.

[Lord Tyler]

Will the noble Lord revert to the question of timing? I expect that the noble Lord and I both recall a very powerful speech by one of his noble friends earlier in the Committee's proceedings, in which it was pointed out that, because of the general election last year, quite a lot of people registered even in the last few days when they were permitted to do so. Therefore, the register of December 2010 is probably more comprehensive than one that we might imagine in future. Delaying the referendum, perhaps until October, might mean that people would drop off the register rather than be fully and comprehensively covered by the one that will currently be the basis of the referendum. The noble Lord's point about timing could be taken either way.

[Lord Bach]

The noble Lord is too modest. I think that it was he who made the powerful speech making that point—Hansard will show that—but the point does not lose its value by his repeating it.

[Lord Tyler]

My Lords, it was not I. The point was presented much more powerfully on his side of the House, and I simply endorsed it.

[Lord Bach]

In that case, congratulations are in order all round. The point is interesting, but we could improve the register if the referendum was delayed by a number of months, as seems to be the will expressed by the Committee.

As far as voter registration is concerned, noble Lords will recall an Electoral Commission study published this year—it has been quoted before, but I make no apology for repeating it—which states that,

“under-registration is concentrated among specific social groups, with registration rates being especially low among young people, private renters and those who have recently moved home ... The highest concentrations of under-registration are most likely to be found in metropolitan areas, smaller towns and cities with large student populations, and coastal areas with significant population turnover and high levels of social deprivation”.

I do not need to go through the figures again. We have heard before about the percentages of certain groups of our population who are unregistered. It is a sad story that should not be allowed to continue. The point has been made many times that we did not do enough about that issue until late on in our Government; we are asking this Government to do something about it now, particularly as we are moving towards a plebiscite in the form of a referendum, which is very rare in our country, and we want as many people as possible who are entitled to vote to be on the register. In the context of a potentially low turnout, which the House will perhaps want to debate again on Report, the differences likely to result from the unequal participation of social groups such as young people and others could have a major bearing on the outcome of the referendum.

It is very rare that we resort to a referendum in Britain. When we do, we should ensure that it takes place on an even basis. In the interest of fairness, I urge the Minister to consider our amendment with some care. I beg to move.

--- Later in debate ---

[Lord Tyler]

As I recall, the noble Lord and his colleagues supported the amendment of the noble Lord, Lord Rooker, which the Committee then passed, on the basis that we could still hold the referendum on 5 May, but it was left open for the referendum to be held at any time thereafter, before October. Is the noble Lord, Lord Bach, now saying that he is precluding the referendum being held on 5 May? That is a change of position, is it not?

[Lord Bach]

My Lords, we now know that the Bill certainly cannot be passed three months before the referendum due on 5 May. Therefore, we think that my noble friend, in moving this amendment, is being realistic. That does not take away from the effect of the amendment of my noble friend Lord Rooker, which we were glad to support and still do in principle. However, if the Government wanted a kind of middle way, they might be very sensible to pick up what my noble friend Lord Lipsey has suggested. We hope that the Government treat the amendment with some sympathy.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Bach

Wednesday 19th January 2011 Lords Chamber

[Lord Bach]

I am grateful to my noble friend. If I were to outline them all, my speech in moving this amendment would take much, much too long. But I rather hope that my noble friend will be able to enlarge on what he said in a few minutes’ time.

[Lord Tyler]

I wonder if the noble Lord can confirm to your Lordships’ House that the Electoral Commission recommended that the only way to make the register more effective and more accurate was to move to individual registration—and that it did so in 2003. How long did it take the previous Government to get round to activating that recommendation?

[Lord Bach]

If the noble Lord has kept to the rule that you should know the answer to a question before asking it, he will know when the previous Government got round to it, to use his own phrase. All sorts of other methods of trying to improve underregistration were tried before. A great debt is owed to my noble friend Lord Wills, who—I think this can be said openly—had a large part in persuading the previous Government that individual registration was the proper way to proceed.

[Lord Tyler]

Eventually.

[Lord Bach]

Yes, eventually. I am afraid that it may be a lesson that the current Government will also learn—that you do not always get everything absolutely right to start with, and that sometimes it takes a few years to do. It is perhaps best to acknowledge that, particularly when you are rushing through legislation that you may live to regret later.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Bach

Wednesday 8th December 2010 Lords Chamber

[Lord Bach]

My Lords, I will speak very briefly. We have heard very powerful arguments for the amendment. We on the Front Bench support the amendment. We do not claim that it is the biggest or most important amendment, but it does have an importance in the Bill. I hope that the Government are big enough to accept a well argued amendment that would improve the Bill. It is about fairness. The Bill already covers Wales in this way; surely it should do the same here. The amendment specifies that the ballot papers would be printed in the two languages only in Scotland. Surely the cost of printing the question in two languages would not be great. Administratively, it would not be difficult to organise; and, practically, such a change could be straightforward.

We have heard from a number of speakers how, in this age of devolution—

[Lord Tyler]

I know that the noble Lord wants to be brief, but I put a question to him to which I genuinely do not know the answer. Can the noble Lord remind the House whether his Administration included a Gaelic version of the question for the Scottish devolution referendum?

[Lord Bach]

My Lords, I cannot remind the House because I do not know the answer. However, I think that there is someone who does: the noble Lord who will speak after me. Even if we did not, we were not always right. It is a terrible admission to make, and not one that the present Government are prepared to make at this stage. Perhaps later on they will.