Statistics: Accuracy

Debate between Lord Tyler and Lord Young of Cookham

Monday 1st July 2019 Lords Chamber

[Lord Young of Cookham]

If the noble Lord looks at the website of the UK Statistics Authority, he will see when Sir David has intervened since August 2017. Counting the interventions when he has written directly to a parliamentarian, raising issues with their presentation of statistics, four are Conservatives and five are Labour. However—to avoid accusations of misuse of statistics—if one then looks at the indirectly critical letters, where Sir David has written to a third party, agreeing with them and copying the letter to the parliamentarian, my party is the worst offender.

[Lord Tyler (LD)]

My Lords, does the Minister recall occasions in the other place where, immediately when it was pointed out that statistics or other information given to that House was misleading, Ministers immediately came to the House—not waiting for somebody dealing with statistics in their department or whatever—to make an apology and clear up the matter? Is it not much better to own up? Do Ministers not get more respect from their respective House if they are prepared to accept that what has happened is not right? I recall such an occasion, when a statement was made and an apology was made to me. Does he not recall that too?

[Lord Young of Cookham]

Under the Ministerial Code, if a Minister misleads the House, he or she is obliged to put it right. So far as Ministers doing the right thing, a year ago the Home Secretary resigned after inadvertently misleading the House. I say in passing that when it comes to the creative use of figures, none of us can lay a glove on the Liberal Democrats, with their use of bar charts—“Only the Lib Dems can win here”. These multicoloured instruments of fantasy now have a website all of their own on Buzzfeed.

European Parliament Elections: Non-UK EU Citizens

Debate between Lord Tyler and Lord Young of Cookham

Wednesday 5th June 2019 Lords Chamber

[Lord Young of Cookham]

I am grateful to the noble Lord for his response. I am sorry if anybody who had done the right thing was thereafter denied the right to vote. As he knows, the Electoral Commission will undertake its normal inquiry into this election, as with any other election, and of course we will reflect on the results.

On the noble Lord’s general point, I repeat what I have said on an earlier occasion—probably in response to a question from him—that we have an analogue system in a digital age. We are taking some steps: for example, imprints on digital communications; and the Electoral Commission is issuing statutory guidance to distinguish between candidate expenditure and national expenditure. But I repeat my acceptance of an offer that he made earlier to have an all-party meeting with the Minister for the Constitution to see whether we can find a consensual way forward to make sure that we have an electoral system fit for the digital age and fit for purpose.

[Lord Tyler (LD)]

My Lords, given that the Prime Minister dithered for four weeks between the agreement to extend the Article 50 process, on 11 April, and the official go-ahead for the EP elections, on 7 May, should not the Government take the principal blame for the foreshortened period and the consequent problems that were left in the hands of the electoral authorities? This was also, of course, the main cause of the difficulties with postal votes for UK citizens overseas. Does the Minister accept that this major democratic deficit would not have occurred if the Government had accepted the recommendations made by the Electoral Commission four years ago as a result of difficulties with the previous European parliamentary elections?

As the Minister has just said, and as he has repeated on a number of occasions, we are now faced with a legislative hiatus. Would this not be a good opportunity not just, as the noble Lord, Lord Kennedy, said, to look at the overall problems with electoral law but particularly to look at the problems that occurred with the last referendum so that we can get it into a better shape before we have the next one this autumn?

[Lord Young of Cookham]

The noble Lord raises a number of points, and I shall try to deal with all of them. We were working with the Electoral Commission on streamlining the process following its recommendations after the last European elections, but given the result of the 2016 referendum it was not the Government’s policy to take the reforms forward because our policy was to leave the European Union before the end of March 2019 and therefore before the next election was due.

On his accusations of dithering, I think I can rebut those. On 5 April, when it was clear that we would not be leaving the EU as planned, the Electoral Commission issued guidance that EROs should identify all EU citizens on the local government register and send them the UC1 declaration form accompanied by relevant information about what to do if they wanted to vote for a UK MEP. It also asked the EROs to take additional steps to raise the profile of this requirement. Perhaps I could write to the noble Lord about the arrangements for postal votes.

On the noble Lord’s final point, were there to be another referendum later this year, as he implied, he will know that there would be primary legislation to bring that into effect, and he would have the opportunity to propose any amendments that he wished to the current regime.

Political Parties: Donation Rules

Debate between Lord Tyler and Lord Young of Cookham

Wednesday 22nd May 2019 Lords Chamber

[Lord Tyler (LD)]

My Lords, the Minister will be aware that, ever since the report of the CSPL some eight years ago, I have been putting forward draft legislation to deal with the problem that is now before us. Does he recognise that his colleagues in the Conservative Party will get a drubbing tomorrow precisely because, for so many years, they thought that this particular system was working to their advantage and have done nothing about it?

[Lord Young of Cookham]

Were my party to do badly tomorrow, I think it would be for reasons other than those the noble Lord has just given.

EU Referendum: Lessons Learned

Debate between Lord Tyler and Lord Young of Cookham

Monday 20th May 2019 Lords Chamber

[Lord Young of Cookham]

My Lords, as I listened to my noble friend warm to his theme of trust, I asked myself whether his infamous depiction in House of Cards of the Government Chief Whip—a position I was privileged to hold—as a duplicitous, homicidal adulterer had enhanced trust in our profession. As for my noble friend’s question and request for a debate, he will have noticed that the Government’s legislative programme currently has a bit of headroom. I hope there will be time for a debate, and the usual channels will have noted his request. To answer his question more seriously, since the referendum there has been a serious issue of trust between the people and Parliament. It is well known that most of Parliament voted to remain and the people voted to leave, and the resultant deadlock has helped undermine confidence in our democratic institutions. My view is that we will not begin to restore trust until that deadlock is resolved one way or another.

[Lord Tyler (LD)]

My Lords, does the Minister recognise that members of all parties represented in Parliament share the concerns of the noble Lord, Lord Dobbs? We need to take them seriously, despite what the Minister just said. Surely, however, a royal commission is far too slow. Given that the 2016 leave campaign has been found guilty of breaking electoral law, and accepting that a further referendum may be required later this year, surely the Government will have to act much faster. As the Minister knows and has indicated, there is space for legislation at the moment. The legislation drafted by our cross-party group could be approved and receive Royal Assent before the Summer Recess, and then the poll could take place in September. However, does he not agree that effective regulation of campaign expenses should be agreed as a matter of urgency?

[Lord Young of Cookham]

Were there to be another referendum, as the noble Lord knows, there would have to be primary legislation first, so noble Lords would have an opportunity to amend it. Last time, the House of Lords changed the legislation for the referendum to make it more difficult for parties to act in concert. However, if the noble Lord wants a referendum, my advice to his party is that it needs to vote for the deal. Unless you have a deal, you cannot have a referendum, and the referendum does not just happen—you need a Bill. The right thing for the noble Lord and his colleagues to do is to vote for the deal and then seek to amend the Bill to see whether there is public support in the other place for a referendum.

Elections and Referendums: Foreign Interference

Debate between Lord Tyler and Lord Young of Cookham

Thursday 9th May 2019 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, the UK has a robust electoral system with processes in place to defend it, and there is ongoing work to ensure our elections remain secure. The Government are committed to protecting electoral and democratic processes from foreign interference into the future. Measures such as those announced by the Government this week will continue to strengthen our resilience against any foreign interference and ensure that the regulatory framework is as watertight as possible.

[Lord Tyler (LD)]

My Lords, do the Government recognise that there is now an emergency? There is no time for new legislation. The statement made by the Cabinet Office at the weekend of a new consultation is far too little and far too late. Shadowy campaign organisations are already spending hundreds of thousands of pounds on Brexit messages on digital media, and nobody knows where their money is coming from. Just two—Britain’s Future and We Are The 52%—have outspent all the political parties, clearly seeking to distort the poll, which is in just 14 days. The Brexit Party will not tell the Electoral Commission where a £100,000 donation has come from until well after polling day. Surely the Minister recognises that it is totally unsatisfactory for Parliament and government to rely on the investigations of BuzzFeed, the Guardian, the Observer and Channel 4 to defend the integrity of our electoral system. The Government must now recognise that the outcome of the poll on 23 May, in 14 days, could be as dodgy as that in June 2016. Will the Minister undertake to meet me to discuss what can be done urgently to address this serious situation?

[Lord Young of Cookham]

As I have said before from this Dispatch Box, there is no evidence of successful interference in the electoral process in this country, either in referendums or elections. As I said in the Answer I gave to the noble Lord a few moments ago, we are considering the issues. While we do not believe there has been abuse, we are anxious to be ahead of the game. We are now considering increasing the transparency of digital political advertising, including by third parties; closing loopholes on foreign spending in elections; preventing shell companies from sidestepping the current rules on political finance; and taking action to tackle foreign lobbying. I hope the noble Lord welcomes the announcements we have just made.

EU Referendum: Conduct

Debate between Lord Tyler and Lord Young of Cookham

Monday 22nd October 2018 Lords Chamber

[Lord Young of Cookham]

My Lords, the Prime Minister has made her position quite clear on a second referendum: she does not want one. The Electoral Commission is investigating whether Mr Banks was the true source of the loans reported by a referendum campaign in his name and whether any individual facilitated a transaction with a non-qualifying person. But it is important to keep this in perspective. The Atlantic Council and the Oxford Research Institute, both of which have researched this, found that the impact of the Russians on the referendum was at best marginal. One estimate was 0.3% of tweets. I was as disappointed as the noble Lord with the outcome of the referendum, but unlike him I do not believe that it was lost because of what I might call the Zinoviev Twitter.

[Lord Tyler (LD)]

My Lords, this is the Act of Parliament that set out the conditions under which the referendum was fought. This is not a minor matter of rules or regulations; this is the law of the land. Can the noble Lord confirm that the Electoral Commission passed files detailing what had happened in terms of lawbreaking by the leavers during the campaign to the Metropolitan Police several months ago? Can he reassure the House that the police will never halt or delay an investigation because it is claimed that there are political sensitivities?

[Lord Young of Cookham]

I think it is a malign slur on the police to imply that they would defer to political pressure in that way. It is indeed the case that the responsible person for Vote Leave has been referred to the police, as has Mr Grimes, in relation to false declarations of campaign spending. A number of pro-remain organisations were also fined by the EC for breaking referendum law, including the Liberal Democrats.

Elections: Personation

Debate between Lord Tyler and Lord Young of Cookham

Tuesday 4th September 2018 Lords Chamber

[Lord Young of Cookham]

My noble friend invites me to make comments way above my pay grade. I am a humble Lord in waiting and spokesman for the Cabinet Office and the Government have made it absolutely clear that they have no plans to introduce ID cards. I will, however, make sure that my seniors in government are aware of my noble friend’s question.

[Lord Tyler (LD)]

My Lords, my majority when I was first elected was just nine. Is the Minister aware that in the London Borough of Bromley this May, at least 154 could not vote as they did not have the appropriate ID when they tried to do so? Mortgage documents were acceptable as ID but rent books were not. Freedom passes were okay but student travel ID was insufficient. Does this not add up to discrimination on a gerrymandering scale?

[Lord Young of Cookham]

No. If the noble Lord looks at the evaluation carried out by the Electoral Commission, he will see that it says:

“The number of people who did not vote because they couldn’t show identification was very small”.


The vast majority who came without the right identification returned later with the correct identification. If he looks at the percentage of all voters who never returned, he will see that the percentage varied between 0.06% and 0.4%. In no way does that constitute what the noble Lord calls “gerrymandering”. Finally, the evaluation concluded that there was,

“no evidence to suggest particular demographics were more affected than others”.

So I wholly reject his assertion that gerrymandering is involved in introducing this recommendation from the Electoral Commission.

Electoral Commission

Debate between Lord Tyler and Lord Young of Cookham

Tuesday 17th July 2018 Lords Chamber

[Lord Young of Cookham]

On several occasions, I have repeated a statement that my party made just over a year ago:

“There is a broad consensus that election law is fragmented, confused and unclear, with two different sets of legislation and poor guidance from the Electoral Commission”.—[Official Report, 7/6/18; col. 1403.]


As the noble Lord knows, a number of inquiries are under way that I do think we need to wait for before we decide how best to legislate. I am aware of the strong views of the Electoral Commission that the current level of sanctions is too low.

There are the DCMS inquiry into fake news, which we need to wait for, and the Intelligence and Security Committee’s inquiry into the activity of the Russians in the referendum and recent elections. There are ongoing investigations by the Electoral Commission into the referendum, and a court case is still pending. We have just had a very interesting report on referendums from UCL. I am not in favour of delay, but it makes sense to have the reports of the various inquiries that I have just referred to before we decide how best to proceed. I make it clear that the Government take extremely seriously what has been reported in the investigation out today.

[Lord Tyler (LD)]

My Lords, I attended the exchanges earlier in the other place. Can I express the hope that our Minister will be rather more forthcoming than his colleague there? She kept referring to rules having been breached. These are not the rules of a game; this is the law of the land. This was a case of knowingly breaking the law—hence the reference to the police. Did the Minister note that no fewer than five very senior Conservative MPs urged the Government to recognise the implications for the integrity of the outcome of the 2016 referendum? If this was an election result, it could have caused that result to be declared invalid. Given the possibility—or perhaps now even the likelihood as the days go by—of a People’s Vote poll to make a choice about the outcome of the Brexit negotiations, do the Government accept the extreme urgency of the need for the reforms to which he has just referred? How and when do the Government propose to introduce legislation? If he is going to tell us again that there is some difficulty about that because of Brexit legislation, perhaps I may invite him to undertake an examination of my Private Member’s Bill to see if that would offer an opportunity.

[Lord Young of Cookham]

I am grateful to the noble Lord for his repeated offer to use his Private Member’s Bill as a vehicle for necessary legislation, and I look forward to debating the remaining stages of his Bill in due course. I, too, followed the exchanges in the other place and I am grateful that I am answering questions here and not elsewhere. On the question of legislation, as I have said, we are currently considering whether the Electoral Commission should have more powers; we know that the commission wants the maximum fine to be increased from £20,000 to a higher level.

On the question of the referendum, I can only repeat what my honourable friend said in the other place, which is that the Government believe that the outcome of the referendum should be respected. Were there to be any more referendums, each one would require specific legislation, and there would be an opportunity to amend the legislation. I think that I am right in saying that the legislation for the EU referendum was amended in the light of a report from the Constitution Committee in your Lordships’ House, which recommended that the law be tightened on acting in concert. On the question of more general legislation, as I have said, I am not seeking to delay, but some key issues are under investigation by committees of this House and of another place. It makes sense to await the outcome of those before we decide how best to legislate.

House of Lords Reform: Elected Second Chamber

Debate between Lord Tyler and Lord Young of Cookham

Tuesday 3rd July 2018 Lords Chamber

[Lord Young of Cookham]

The noble Baroness will know that the Prime Minister responded to the Burns report, and my party has responded very positively to the suggestion that numbers should come down. The House may remember the figures I gave in an earlier exchange: 15 noble Lords have retired since October last year—eight Conservatives, four Cross-Benchers, two Labour and one Democratic Unionist—but, sadly, no Lib Dems. My party has played its part in reducing the number of Peers. We urge other parties to follow our example.

[Lord Tyler (LD)]

My Lords, I commiserate with the Minister. In a previous existence in the other place, he indulged in a very considerable effort to get the 2012 coalition Bill through, and secured the biggest majority for such a Bill. Does he note now that he was thwarted by an unholy alliance between the Opposition Front Bench and rebel reactionary Tories? Does he also note that the public believe that the complete abolition of your Lordships’ House would be preferable to maintaining it in its present undemocratic state?

European Union Referendum: Alleged Russian Interference

Debate between Lord Tyler and Lord Young of Cookham

Tuesday 19th June 2018 Lords Chamber

[Lord Tyler]

To ask Her Majesty’s Government whether they will conduct an investigation into alleged Russian interference in the European Union referendum, including the Leave.EU campaign.

[Lord Young of Cookham (Con)]

My Lords, the Electoral Commission is the independent regulatory body responsible for ensuring that elections and referendums are run effectively and in accordance with the law. The Government are committed to defending the UK from all forms of malign foreign state interference, whether from Russia or from any other state. To date, however, we have not seen evidence of successful interference in UK democratic processes by any foreign Government, but we remain vigilant.

[Lord Tyler (LD)]

My Lords, do the Government not recognise that this piecemeal approach is potentially quite dangerous? Given that it is the considered judgment of the chairman of the DCMS Select Committee—the Minister’s Conservative colleague—that the leaders of the Leave.EU campaign have been lying, and given that there is ever-rising evidence of illegality, with even Mr Banks admitting that there was Russian collusion in the leave campaign, is it not now urgent that the Government should authorise a comprehensive investigation into what exactly happened? After all, this calls into question the very marginal outcome of the referendum, where for every 17 people who voted leave, 16 voted to remain. Does that not, in turn, raise real questions about the whole Brexit process?

[Lord Young of Cookham]

On the first question, the noble Lord will know that it is for the Electoral Commission to investigate any alleged irregularities concerning the referendum. It has already published a decision on Leave.EU and fined that body £70,000. Investigations continue into allegations that Vote Leave avoided the cap on election expenditure on the referendum by channelling resources into another, linked organisation, and that is a matter for the Electoral Commission to resolve. As far as the outcome is concerned, 1.3 million more people voted to leave than to remain, and I am not sure that one can attribute that fairly substantial margin to the activities of the Russian bots or, indeed, any other outside agencies.

Online Material: Identification of Promoters

Debate between Lord Tyler and Lord Young of Cookham

Thursday 7th June 2018 Lords Chamber

[Lord Tyler]

To ask Her Majesty’s Government what steps they are taking to ensure online material, including that in social media, of a political or campaigning nature carries appropriate imprints to inform recipients of its promoter.

[Lord Young of Cookham (Con)]

My Lords, the Government will begin a consultation this summer that will consider whether to extend the rules on imprints on printed electoral material to online electoral material. The consultation will seek views on introducing an electronic imprint and on how such a requirement could be appropriately framed.

[Lord Tyler (LD)]

My Lords, the Electoral Commission recommended this reform as long ago as 2003, since when we have had four general elections and a referendum and the secret influence of the hidden persuaders has been ever increasing. Is this not a time for action rather than for yet more consultation? Is it not necessary for the Government to think now in terms of primary legislation so that we can have proper scrutiny in both Houses? For that purpose, may I offer my Private Member’s Bill to the Government in case they do not have time of their own to deal with this very urgent question?

[Lord Young of Cookham]

The noble Lord is quite right that this was a recommendation by the Electoral Commission some time ago. During the Scottish referendum these requirements were introduced and the commission said that the rules,

“caused some confusion amongst campaigners and the public”.

The commission recommended further consideration on how to make the imprint requirement on online material proportionate and relevant. That is exactly what we are doing with our proposed consultation. In Scotland there was some debate as to whether Facebook and Twitter exchanges needed the imprint if they related to the referendum.

On the noble Lord’s second point, if we did go ahead it would not require primary legislation; it could be done by statutory instrument. On his third point, I am looking forward to the Committee stage of his Bill, which contains an ambitious programme of electoral reform, not all of which may reach the statute book.

Hereditary Peers: By-elections

Debate between Lord Tyler and Lord Young of Cookham

Tuesday 15th May 2018 Lords Chamber

[Lord Young of Cookham]

As I said in response to an earlier question, the latter issue raised by my noble friend would be a matter for the House and does not require legislation. The Burns commission looked at this issue, but because it requires legislation did not directly address it. However, the Burns report did point out that, without action, the hereditaries would account for a growing proportion of a smaller House and that it would pre-empt the ability, particularly of my party but also of the Cross-Benchers, to nominate new Peers if spaces were occupied by the winners of hereditary by-elections.

[Lord Tyler]

My Lords, in addition to the very formidable arguments advanced by the noble Baroness, Lady Hayman, the Minister has just touched on an extremely important and urgent issue. Unless action is taken to finish these by-elections, we will have continual problems with the two-out, one-in policy that is absolutely critical to making progress on the Burns recommendations. This will affect the Conservative Benches and the Cross Benches in particular. Can the noble Lord not only give us an assurance that the Government will urgently find time for the Bill introduced by the noble Lord, Lord Grocott, but tell us that they will support it?

[Lord Young of Cookham]

I have said that I will not obstruct it, which I think is of some reassurance. On the two-out, one-in policy, since October last year some 15 noble Lords have taken voluntary early retirement: eight from my party, four Cross-Benchers, two from the Labour Party and one from the DUP. The Liberal Democrats have scored nul points. By any reckoning, they are the most overrepresented group in this House and they should be leading the resignation field instead of being stranded at the starting post.

Local Elections: Voter ID

Debate between Lord Tyler and Lord Young of Cookham

Tuesday 24th April 2018 Lords Chamber

[Lord Young of Cookham]

I am grateful to the noble Lord. There will be an independent statutory evaluation of the pilots conducted by the Electoral Commission. That will be published by the end of July, and it will inform the ensuing debate.

[Lord Tyler (LD)]

My Lords, we recognise the validity of the concerns of the EHRC, but we should know by the summer whether the Government were correct in their assessment or whether those concerns were legitimate. Meanwhile, what exactly are the new safeguards to prevent electoral fraud in postal and proxy voting that are being tested in the three pilot areas referred to by the Minister in the Commons yesterday? The Minister also assured my Liberal Democrat colleague there that the number of registered electors who are not permitted to vote in person, for lack of appropriate ID, will be recorded and reported. What will happen if that number exceeds the margin of victory in a particular ward?

[Lord Young of Cookham]

The noble Lord is quite right: three local authorities are piloting new procedures for voter ID on postal votes—Tower Hamlets, Peterborough and Slough. I said a little about that in my opening remarks. Some local authorities are not only making people more aware of the incidence of electoral fraud and encouraging them to report it where necessary to Crimestoppers, but are following up after the election—contacting certain electors who have used the postal vote—to make sure that nothing improper has taken place.

With regard to turning up at a polling station and not being able to vote, in one local authority—I think it is Swindon—if you do not have the necessary documentation on polling day you can take along someone called an “attester”, who has the necessary documentation and is registered in the same ward, and if the attester vouchsafes your identity you can then vote.

Elections: Personal Data

Debate between Lord Tyler and Lord Young of Cookham

Wednesday 18th April 2018 Lords Chamber

[Lord Tyler]

To ask Her Majesty’s Government whether they are satisfied that current electoral law adequately prevents the misuse of personal data in United Kingdom elections and referendum campaigns.

[Lord Young of Cookham (Con)]

My Lords, the misuse of personal data in UK elections is governed primarily by data protection law. The Information Commissioner has said that she has an ongoing investigation into the use of data analytics for political purposes, in which she is continuing to invoke all her powers and is pursuing a number of live lines of inquiry. The Government are currently considering recommendations from the commissioner, including some for enhanced legal powers.

[Lord Tyler (LD)]

My Lords, I welcome the slightly more positive tone from the Minister since our previous exchanges on 28 March, but I particularly draw his attention to the fact that my Question relates also to referendums. Given that the Foreign Secretary panicked and sought to rubbish the evidence of whistleblowers even before they presented it, given that leave campaigners were seeking, obviously, to avert an adverse judgment when they attacked the impartiality of the Electoral Commission, and given that when the Conservative chair of the investigating Select Committee in the other place was asked whether the Brexit poll was compromised he said that we may need a public debate about that, do the Government not recognise that any complacency gives added voice to the demand for the public to have a free and fair vote at the end of the Brexit process?

[Lord Young of Cookham]

The last question the noble Lord put to me is a matter in which we will be engaged in the forthcoming debate on the European Union (Withdrawal) Bill, where there may well be an amendment of the type that he envisages, and it would be wrong for me to anticipate that debate. So far as his first points are concerned, the Information Commissioner and the Electoral Commission are independent offices, with robust chairmen and chief executives, and I am sure they are capable of withstanding pressure from whatever direction it may come.

Vote Leave Campaign

Debate between Lord Tyler and Lord Young of Cookham

Wednesday 28th March 2018 Lords Chamber

[Lord Young of Cookham]

The Prime Minister made it clear recently that these are very serious allegations which do raise questions for the integrity of our democratic system. So far as the Information Commissioner is concerned, it is she who is investigating the misuse of data. The Data Protection Bill currently going through Parliament, now in the other place, gives enhanced powers to the Information Commissioner’s Office to get the information that is needed. If more powers are needed, the Government have said they will seriously look at that issue before the Bill emerges from Parliament. But I agree with the noble Lord that, on the whole, we have a robust electoral system and its integrity is amongst the highest in the world, but we need to take every safeguard we possibly can to make sure that it is not undermined by alien forces from overseas.

[Lord Tyler (LD)]

My Lords, does the Minister recall that, as long ago as 10 March last year, I drew to his attention and to that of the House that the leave campaign then was accused not only of lying in the substance of its campaign but of cheating in the process of delivering it, and I gave examples? Can the Minister explain why the investigation of these increasingly serious allegations has taken so long? He says the law is robust, but this is a very long period indeed in which there has been no satisfactory outcome. It would appear that both the Electoral Commission and the police say they have appropriate resources, but is there a lack of effective electoral law here or are there discrepancies? After what we have seen and heard in the last few days, and given the very narrow result of the EU referendum—for every 17 people who voted to leave, there were 16 who voted to remain—do the Government not recognise that there are continuing public doubts about the integrity of the system, which he has just described as being robust, and which then challenge the legitimacy of the whole Brexit process?

[Lord Young of Cookham]

I think it is worth quoting what the Electoral Commission said in its report on the referendum:

“The evidence outlined in this report confirms that, through careful management of the potential risks associated with the timing and profile of the poll, we saw a referendum that was delivered without any major issues and the announcement of a clear, timely final result”.


We will never know if the law was broken and whether it made any difference. My personal view is that it was unlikely, and there are better explanations as to why people voted as they did, rather than that they were targeted by an algorithm.

European Parliamentary Elections (Amendment) Regulations 2018

Debate between Lord Tyler and Lord Young of Cookham

Monday 22nd January 2018 Lords Chamber

[Lord Young of Cookham]

My Lords, I am grateful to all who have taken part in this debate. I will try to answer the various questions that have been raised.

I start with the relative costs of by-elections. My noble friend was quite right: I mentioned a figure for Wales, where the total cost of a by-election would be £7.1 million. If there was a by-election in the south-east, it would be £19.585 million. The difference is accounted for by expenses for delivery of the poll. In Wales, this would be nearly £5 million, but in the south-east £13.4 million. I suspect that is because there are more electors in the south-east and it has more MEPs than Wales, which has three. There is a slight increase in the cost of relevant services supplied by the returning officer and a significant difference in the cost of delivering the mailings at public expense—£2 million in Wales and nearly £6 million in the south-east. The difference is, basically, related to the number of voters.

The noble Lord, Lord Rennard, asked me a question which he has asked me before about the Law Commission review. I am afraid that the answer is the same as I have given him before: the Government continue to work with the Law Commission on taking forward its review of electoral law.

I return to some of the main issues raised in the debate. I welcome all the contributions. I agree with the noble Lord, Lord Rennard, that this is most unlikely to happen and it is a small window, but it is quite a large sum of money. We therefore believe that this is a proportionate and sensible step to take in order to potentially save a significant amount of public money.

The noble Lord also asked whether a by-election would still take place if the nominating officer was unable to nominate somebody as the list had been exhausted. All the MEPs elected at the last European election represented major registered parties. I think it is most unlikely that a nominating officer would not be able to find anybody from a party to take up a vacancy. I am sure that the Liberal Democrats would be able to find somebody to fulfil that role, and I am sure the same would apply to any other party.

As regards Scotland, I am not that familiar with what happens north of the border, but I understand that due procedure was followed. The noble Lord, Lord Hunt, implied that if we pass these regulations, it would prevent that happening. It would not. We would still have to go through the list member by member before the provisions in this regulation were activated—namely, having exhausted the list, there would not be a by-election; there would be a nomination.

The noble Lord, Lord Rennard, tempted me to answer a hypothetical question: what would happen if, for whatever reason, we did not exit the EU? That is a hypothetical question which is beyond my pay grade to answer. However, these regulations would remain on the statute book unless they were revoked, which would be an option were that eventuality to arise.

It was implied in some of the remarks that it is undemocratic to allow the party machine—as I think the noble Lord, Lord Hunt, referred to it—to fill a vacant seat. These changes are modelled on the process that his Government agreed to fill MEP vacancies in Northern Ireland, and have been used already to fill a vacant seat there. I am not sure whether allegations of undue use of the party machine were made by the Labour Party at that point.

Another hypothetical question was asked: what happens if UKIP becomes unregistered, or if it does not have a nominating officer? If it does not have a nominating officer, the nominating officer cannot nominate somebody, by definition, and there would then be a by-election. That would happen if the party became unregistered.

I was asked what happens to a vacancy where the MEP has changed party. As I think I said from a sedentary position, the vacancy is filled by the next person on the list of the party that won the election at the previous election. I think that is the right thing to do democratically because that is how people voted at that election—they voted in those numbers for a Conservative Party or Lib Dem candidate. When that candidate is no longer fulfilling that post, I think it is right that the party that got the requisite number of votes at that relevant election should fill the vacancy.

As paragraph 4.1 of the Explanatory Memorandum states, the European Parliamentary Elections Act 2002 is being amended to enable the changes to be made to the 2004 regulations. This is, as it were, a paving Bill, if I can use that term, for the substantive regulations that we are debating.

I detected no fundamental opposition in principle to what the Government are doing. There were a number of very interesting questions which I have done my best to address.

[Lord Tyler (LD)]

My Lords, it would seem from what the noble Lord is saying that we are all prepared to accept a short-term solution to this problem. However, does he accept that in the longer term it could not be a solution? He described the question of my noble friend Lord Rennard as entirely hypothetical. Has he not noticed that an increasing number of people, even Mr Farage, think that Brexit might not happen? It may be, of course, that in his case, since he says he is skint, he is beginning to think that his continuing MEP salary might be rather desirable.

However, can the noble Lord, in his usual fashion, give us an undertaking that, if there is a possibility that this ceases to be a short-term problem and becomes a longer-term one, we should at least expect the Government to produce some form of contingency plan beyond March 2019? He surely must accept that this provision before your Lordships cannot be allowed to stand for ever. That is undemocratic. It does not even really meet the requirements that his party has set out in the past for truly democratic representation in the European Parliament. If, this time next year, we find ourselves still not sure whether we are going to be exiting from the European Union, surely a responsible Government should look again at what should be put in place of these regulations.

[Lord Young of Cookham]

The noble Lord is very plausibly trying to tempt me further down a route that I embarked on, probably ill-advisedly, in responding to the noble Lord, Lord Rennard. I think that I can best shelter behind paragraph 7.1 of the Explanatory Memorandum:

“Following the EU Referendum, the UK will be leaving the EU and it is not expected that the UK will be participating in the next elections to the European Parliament in 2019 (the date of the poll has not been confirmed”.


It then goes on to say that, while we remain a member of the EU, we have to return MEPs. I can go no further than what I said in response to the noble Lord, Lord Rennard—that if these regulations are approved by both Houses, they will govern the position of any vacancies where a party list is exhausted. In that unlikely event, there are European elections next year and the list would be refreshed. However, as the Government’s policy is to leave the EU, I shall venture no further down that path or I will get into real trouble, except to say that these are sensible precautions given that, following the EU referendum, the UK will be leaving the EU.

House of Lords: Membership

Debate between Lord Tyler and Lord Young of Cookham

Wednesday 10th January 2018 Lords Chamber

[Lord Young of Cookham]

As the noble Baroness said, my noble friend sat through nearly all the speeches in that debate. I can say that she will be having a discussion with the Prime Minister to discuss both the Burns report and the debate that we had in this House, and the Government’s recommendations or views will be known in due course. I hope the House will understand that there were only three sitting days after the debate on 19 December. We have been back after Christmas for only three days. The Prime Minister has had personnel matters on her mind in the meantime. So I think the Government are entitled to a little bit of time before they come out with their views.

[Lord Tyler (LD)]

In the discussion to which the Minister has just referred, will he and his colleagues make it absolutely clear to the Prime Minister that a very large majority of the speakers in that debate on 19 December made it absolutely clear that the proposals of the Lord Speaker’s committee are wholly dependent on the Prime Minister accepting the principle that was inherent right through the report that there must be two out before there can be one in? Will the Ministers on the Front Bench make that clear to the Prime Minister? If she is not prepared to respect that, how can we expect anything to come from this exercise?

[Lord Young of Cookham]

In the analysis of the speeches in that debate, by my calculation, only nine out of 95 contributors were opposed to what was in the recommendations. I think that is as near a consensus as you are ever going to get in this House. I have to say that I thought the noble Lord struck a slightly different tone in his wind-up speech from that of his noble friend Lord Newby. Winding up for the Liberal Democrats —despite what the noble Lord has just said—he referred to Burns as,

“a temporary expedient … a process appropriate for the membership of a gentlemen’s club”—[Official Report, 19/12/17; col. 2100]—

and an “incestuous” process that runs the risk of leading to our abolition. That does not sound to me like wholehearted support for Burns.

Parliamentary Voting System and Constituencies Act 2011

Debate between Lord Tyler and Lord Young of Cookham

Tuesday 24th October 2017 Lords Chamber

[Lord Tyler (LD)]

My Lords, assuming that Brexit actually happens—the Minister will have noted that Donald Tusk says that we do not have to do it—does the Minister not recognise that there will be a considerable increase in the workload of our House of Commons Members of Parliament, but, at the same time, a wonderful saving in costs when MEPs such as Mr Nigel Farage and his freeloading UKIP Members are abolished and removed from the European Parliament? Is this not a good opportunity to change the Government’s mind?

[Lord Young of Cookham]

Yet again, we have a plea from the Liberal Democrat Benches to go back on an agreement which they were party to. When we passed the legislation in this House, the date of 2018 was endorsed by members of the noble Lord’s party. Basically, this is special pleading to revisit a measure that, if everyone was sensible, they would put their minds behind this and just get on with it.

Electoral Spending Limits: Wales

Debate between Lord Tyler and Lord Young of Cookham

Wednesday 6th September 2017 Lords Chamber

[Lord Young of Cookham]

The Welsh Language Act 1993 was passed by a Conservative Government. We remain committed to it and it ensures that in Wales the Welsh language and the English language have equal status.

[Lord Tyler (LD)]

My Lords, the noble Lord referred to the report of the Law Commission. When does he expect the Government to respond to the commission’s recommendations? Is it soon, shortly or in due course?

[Lord Young of Cookham]

It is more likely to be “in due course” than the other options but it is not quite as simple as that. We have not only the recommendations of the Law Commission but my noble friend Lord Hodgson’s report on third-party campaigning and the report of Sir Eric Pickles on electoral fraud. It makes sense to look at them in the round along with the sensible recommendations from the Law Commission. It is not quite as straightforward as the noble Lord might have implied.

Elections and Referendums: Spending Rules

Debate between Lord Tyler and Lord Young of Cookham

Wednesday 29th March 2017 Lords Chamber

[Lord Tyler (LD)]

My Lords, again I thank the Minister for taking this initiative to make sure that these discussions do take place and then fulfil, of course, the promise in the 2015 Conservative manifesto. I remind him that during that debate on 10 March I made specific reference to some of the discrepancies in referendum election expenses, to which he referred just now, because of course those are not subject to the difficulties that might occur with those matters that are possibly going to go before the courts. He will have seen the report from the Electoral Commission yesterday, which has some very good recommendations for looking at some of these issues. Will he confirm that that could be part of the discussion that is due to take place shortly?

[Lord Young of Cookham]

The noble Lord is quite right to refer to the recent report on the referendum by the Electoral Commission, which recommended that some of the provisions made for the recent referendum should be incorporated into PPERA—the Political Parties, Elections and Referendums Act—and would cover all referendums. The report came out only yesterday. He will understand that consideration is at an early stage. But it is perfectly possible to take those recommendations forward on a separate track.