Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Lamont of Lerwick

Wednesday 16th February 2011 Lords Chamber

[Lord Lamont of Lerwick]

My Lords, I voted for the amendment of the noble Lord, Lord Rooker, the first time, and I intend to vote for it again today. It is true that there was a significant majority in the Commons yesterday, but the result disguised the fact that 20 Conservatives voted for the amendment and 25 abstained. The large majority was accounted for to a considerable extent by the nationalists voting in support of the Government.

I was shocked by the brevity and paucity of the debate. Very few Back-Benchers were able to get in. One point that was made—as it was in this House—was that we have not had thresholds in referendums before, with the exception of the first referendum on Scottish devolution. Of course, we have had very few referendums in this country. Although the first was as long ago as the first referendum on Scottish devolution, they are still something of an innovation. I was struck by the argument made by one Conservative Back-Bencher yesterday that perhaps there should always be a threshold in constitutional referendums, as there is in so many countries of the world. My noble friend Lord Strathclyde mentioned that France does not have this threshold, but it is about the only country in Europe that does not. All other major countries do and, as my noble friend Lord Lawson said, the United States has a different sort of threshold via representatives and state legislatures.

The Minister in the Commons—and my noble and learned friend today—said that a threshold would give people an incentive to vote no. First, that cannot be asserted with absolute clarity. One can argue it both ways. A threshold gives a very positive incentive for people to vote yes if they are worried about the turnout. Secondly, somebody who is really against the proposition would have to worry that the threshold might be met; he would have to know what the turnout would have to be if he was really certain about the situation.

Leaving that aside, it is not unjustified or unfair that if there is great apathy, the proposition should fall. That seems common sense and reasonable. The proposition has been put a number of times that there might be a 38:1 vote that falls just short of the 40 per cent threshold. In Germany, there was a referendum with a majority of 10:1, but because the turnout was only 10 per cent the proposition was rejected—and quite right, too. Constitutional change affects us all; it lays down the rules of the game by which politics is conducted and by which we representatives live; and it should be made only when it is clearly the wish of the people that it should happen. There are great dangers in making major constitutional changes which have uncertain consequences. People who are in favour of AV argue that its effects would be this or that, but the truth is that what would happen is highly unpredictable. I do not believe that we should take this leap into the dark unless there is a proven desire for change supported by the British people giving it their full-hearted consent.

[Lord Tyler]

My Lords, I am not sure whether the noble and learned Lord, Lord Falconer, intends to speak on this. I hope that he does because it would be very important for your Lordships’ House to hear precisely what the attitude of Her Majesty’s Opposition is. He and I have enjoyed each other’s company over many long hours throughout the passage of this Bill. I am not going to give him my views but I should like him to comment on the views of his colleagues. In the other place, Mr Christopher Bryant said:

“I do not agree with the hon. Gentleman about thresholds in referendums because, broadly, they are not a good idea”.—[Official Report, Commons, 2/11/10; col. 846.]

There is nothing there about indicative referendums or definitive referendums but all referendums or referenda. I am disappointed not to see the noble Lord, Lord Lipsey, in his place, because all of us who attended the long hours of Committee and Report very much respect the work that he has done on the Bill. He said just last week on Report,

“I do not support a threshold”,

and, again, there is no definition of what the threshold might be. He went on to say:

“Thresholds are arbitrary, they introduce bias, they distort debate and they have absurd consequences”.—[Official Report, 7/2/11; col. 106.]

Amen to every single one of those. He then argued his point in detail. I very much hope that if the noble and learned Lord, Lord Falconer of Thoroton, is going to respond to this debate, he will explain why he completely disagrees with his noble friend Lord Lipsey, who, as I think he will agree, has studied this Bill more than any of us.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Lamont of Lerwick

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.