Marriage (Same Sex Couples) Bill

Debate between Lord Wallace of Tankerness and Lord Anderson of Swansea

Monday 24th June 2013 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I of course recognise that there are differences. The Government fully recognise that that there are different concerns within different religions, but I do not believe for one moment that they have been ignored. No religion will be obliged to conduct a same-sex marriage against the views and wishes of that religion. We have tried to build in as many safeguards as possible to do that. It is something to which we are acutely sensitive and we wish to ensure that adequate protection is given.

It is important to remember that civil partnerships were introduced to give same- sex couples equivalent rights and responsibilities at a time when marriage was not available to them. Despite the opposition at the time, their introduction led to greater acceptance and inclusiveness for same-sex couples in wider society.

History shows that undertaking important social change to extend fundamental rights to minority groups who experience inequality and social injustice is not always easy. Not all is necessarily favoured by the majority, but certainly the opinion polls that I have seen from more recent times show that there probably is a majority. I believe that providing for a referendum on same-sex marriage in this Bill would delay progress in removing a current and manifest unfairness. I therefore ask the noble Lord to withdraw his amendment.

[Lord Anderson of Swansea]

If there is a majority, as the noble and learned Lord suggests, what fear does he have about testing the real opinion of the people of this country? If he is concerned about delay, why not bring it forward, even before the date of the election? The election date was mentioned only because it would ensure a good turnout, which perhaps an earlier referendum would not. The noble and learned Lord suggested, for example, that in the past we have had referendums only on constitutional issues. Yet he supported a proposal that ensures that even trivial transfers of powers to Brussels will trigger a referendum. That is hardly consistent with what he suggests.

I know that we could go on debating this, but I will end by first thanking all those who contributed to this short debate, particularly my co-sponsors, the noble Lords, Lord Cormack and Lord Singh. To the noble Lord, Lord Dobbs, I say that even if noble Lords do not have a vote on this, they do not have a vote in general elections at the moment. It is hardly illogical that noble Lords do not have a vote in a referendum on this matter. It is consistent, but if the noble Lord wishes to move an amendment and it is accepted, so be it.

It was highly simplistic of the noble Lord to suggest that gay equality is the same as black and white equality. I was a leader of the anti-apartheid movement in Europe over a number of years, because I could see no difference at all between blacks and whites, as there was in the Group Areas Act in South Africa and so on. However, in my judgment, there are serious differences between a traditional marriage and a gay marriage and it is wrong to equate them. It is naive and simplistic to suggest otherwise.

To the noble Lord, Lord Fowler, I say this: if he thinks that there will be delay, again he might suggest that the date of the referendum be brought forward. Even he cannot suggest that the Government now have a mandate for this change. No one has answered what is perhaps a key question: why the hurry? Why, after all these years when there has been no change, are the Government in such a rush? There must be some plausible reason. I cannot see any serious reason for it, but equally why are the Government so afraid of giving people a voice?

Finally, I remind the Minister that many noble Lords chose not to vote against the Bill at Second Reading—I can attest this from my own knowledge—either because of their view that the House should show restraint when there has been a majority in the other place, or because of the view that we are principally a revising Chamber. It would have been inconsistent to prevent scrutiny, but they would look again at the matter when it came to the vote on Third Reading. I am not convinced that the Government have made any serious concessions—certainly in respect of the conscience matters, although I am ready to look again at the list that the Minister gave me during an earlier debate.

If the Government have failed to make other serious concessions relating to existing and future registrars, teachers, the public sector duty and so on, then Amendment 48 will inevitably become more attractive. In the mean time I shall not press it at this stage. I shall again ask the Government to give a simple answer to the question: why the hurry? I shall reflect further on the position, and beg leave to withdraw the amendment.

Wales: Devolution

Debate between Lord Wallace of Tankerness and Lord Anderson of Swansea

Thursday 19th July 2012 Lords Chamber

[Lord Wallace of Tankerness]

Almost on cue, I was about to turn to a number of the specific points that noble Lords raised in the course of this debate. What was described by at least one noble Lord as the elephant in the room is the Barnett formula. This, of course, is not part of the remit of the Silk commission, nor of the Calman commission.

I know it will disappoint noble Lords, but the Government made it very clear in the coalition agreement that the priority is to stabilise the public finances and that no replacement to the Barnett formula will be considered until the nation’s finances are back on track. However, I could not fail to hear the comments of everyone who contributed to the debate, I think without exception. Someone pointed out, although admittedly not in the context of what appears in the coalition agreement, that the Secretary of State for Wales had said that the Barnett formula was coming to the end of its life. However, I reiterate that the Government’s position is that the priority must be the stabilisation of the public finances.

[Lord Anderson of Swansea]

The Minister has said that the Barnett formula will be reconsidered only when the economy is back on track. Recently, the Prime Minister said that austerity will last until 2020. Does that mean there will be no substantial revision of the manifest injustices resulting from the formula until that time?

[Lord Wallace of Tankerness]

My Lords, I have described what was said in the coalition agreement for this Parliament. I do not think that anyone would be wise enough to predict the policy of any Administration, of whatever hue, in a subsequent Parliament. My noble friends Lord Forsyth and Lord Roberts of Llandudno were right to point out that the previous Administration did not address this either. Indeed, in their response to your Lordships’ Select Committee report, they stated that the Barnett formula:

“has a number of strengths”.

Wales: National Assembly Elections

Debate between Lord Wallace of Tankerness and Lord Anderson of Swansea

Monday 18th June 2012 Grand Committee

[Lord Wallace of Tankerness]

My Lords, the primary consultation is about plugging the legal hole, but it is only fair to point out that when we agreed to extend this term of the Welsh Assembly and the Scottish Parliament to five years, I indicated from the Dispatch Box in the Chamber that we would consult on whether that should be a permanent arrangement. It seems an appropriate time to do that. Also, the issues of whether a person should be allowed to stand for the regional list and a constituency or whether there should be so-called double jobbing fit in neatly when a consultation is being undertaken.

Perhaps I may respond to a specific question put by the noble Lord, Lord Touhig, about the discussions between my right honourable friend the Secretary of State for Wales and Paul Silk. The terms of reference for the Silk commission, which were agreed by all the political parties in the Assembly, specifically exclude the Assembly’s electoral arrangements. It would not be appropriate to discuss with Paul Silk a matter that is not within the commission’s remit. However, it is the case that my right honourable friend has regular discussions with Paul Silk, as chairman of the commission, with regard to its progress.

[Lord Anderson of Swansea]

On the point of commitments, can the Minister tell us today what specific commitment was made to the First Minister by the Prime Minister in terms of consultation?

[Lord Wallace of Tankerness]

My Lords, I have heard of that before today. I can confirm that the Prime Minister and the First Minister have met on a number of occasions and it is my belief that, among other matters, this issue has been discussed, but I am not aware of any firm commitment on the part of the Prime Minister. I know that the issue has been raised, but I am not aware of the nature of any firm commitment. I cannot go beyond that because it is not a matter within my knowledge. I am aware that the matter has been raised, but I am not aware of any commitment having been made.

Scotland: Independence

Debate between Lord Wallace of Tankerness and Lord Anderson of Swansea

Thursday 1st March 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I am sure that almost everyone in your Lordships’ House would wish to remain part of the United Kingdom, and it might be useful if we all thought about that question. I believe not only that we each benefit economically from belonging to a wholly integrated market of 60 million but that in celebrating and promoting a shared heritage and shared cultural, social and fundamental political values, and defending them effectively in an uncertain world, we are simply better off together.

[Lord Anderson of Swansea]

My Lords, yes, the polls show an overwhelming rejection of separatism, but does the Minister agree that if the union is to be fostered, and if we want to have a real case for it, more must be done in the spirit of solidarity to tackle the levels of comparative poverty in Wales and the poor health of the people of Wales? Greater investment must be made in infrastructure: for example, in the railway lines west of Cardiff to show that Wales does not end at Cardiff.

[Lord Wallace of Tankerness]

My Lords, something that came over strongly to those of us serving on the Calman commission was that one of the strengths of the United Kingdom was not only its pooling of resources but its ensuring that, where parts of the United Kingdom are doing less well, we are able to address them because we have the strength of being part of one united kingdom.

European Court of Human Rights

Debate between Lord Wallace of Tankerness and Lord Anderson of Swansea

Thursday 24th March 2011 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, with the kind of cases that the European Court of Human Rights deals with, its judgments can inevitably be supported in some cases—as indeed they have been in many cases by the public—and not supported in others. On the point that my noble friend makes, the fact that there is a backlog of around 140,000 applications suggests that something is not working effectively. That is why the Government are committed to supporting and building on the process of court reform which is already under way in Strasbourg. As part of that reform process, the Government wish to see a strengthening of the principle of subsidiarity; that is, that the convention should principally be implemented at national level.

[Lord Anderson of Swansea]

My Lords, does the Minister agree that that backlog has been caused in part by Georgia and Russia flooding the court with applications and that there are new procedures in place to deal with it? Will he also confirm that we in the United Kingdom have an exemplary record, albeit with a delay in one case, in responding to judgments of the court and not seeking to pick and choose? If we now refuse to implement the judgment in respect of the rights for prisoners instead of negotiating to see what the best outcome is, what effect does he think that will have on serial defaulters such as Russia and Turkey when until now our record has been exemplary?

[Lord Wallace of Tankerness]

My Lords, the noble Lord makes an important point: this country’s implementation of ECHR judgments has been very good and consistent with our obligation to respect and implement our international treaty obligations. He referred to the number of additional cases. The process that was started at Interlaken, where the United Kingdom was represented by the distinguished former Attorney-General, the noble and learned Baroness, Lady Scotland, is under way, and it is hoped that when Britain has the chairmanship of the Council of Europe for six months starting in November this year, we will be able to build on these reforms.

The Government’s position on prisoner voting has been set out, but we have also requested that the court’s judgment in the case of Greens and MT v UK should be referred to the Grand Chamber of the European Court. If the Grand Chamber agrees to the referral, it will look at the case again and issue its own judgment.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Wallace of Tankerness and Lord Anderson of Swansea

Wednesday 9th February 2011 Lords Chamber

[Lord Wallace of Tankerness]

That case has been argued, and we have had specific debates on that and an amendment from the noble Lord, Lord McAvoy. What we have said—and I think I have said it about three times already, this afternoon and in Committee—is that the Government have put into the Bill two exceptions in places with extreme geographical situations and no ready link to anywhere on the mainland. In the rest of the United Kingdom we are seeking one vote and one value.

[Lord Anderson of Swansea]

My Lords—

[Lord Wallace of Tankerness]

Perhaps the noble Lord, Lord Anderson, will tell me, if I let him intervene, why a vote in Swansea should be worth more than a vote in Aberdeen.

[Lord Anderson of Swansea]

Because, historically, there has been a Welsh exception and no exception elsewhere. The Minister is crucifying Wales on a mathematical altar and deliberately reducing the voice of Wales in Westminster.

[Lord Wallace of Tankerness]

The simple answer to that is that there was an exception in respect of Scotland under the 1986 Act. I think that the noble Lord, Lord Morgan, mentioned that the 1986 Act said that there would be no fewer than 35 seats; the same Act said that there would be no fewer than 72 Scottish seats. Yet the last Labour Administration repealed that. I do not criticise them for that—indeed, I supported it. The number was reduced by some 18.5 per cent.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Wallace of Tankerness and Lord Anderson of Swansea

Tuesday 1st February 2011 Lords Chamber

[Lord Wallace of Tankerness]

I thank the noble Lord, Lord Bach, for moving the amendment. This important amendment follows on from the previous debate and I welcome the contribution of the noble Lord, Lord Soley. As the noble Lord, Lord Bach, said in introducing his amendment, it is appreciated that the Electoral Commission should take the lead role in providing useful factual information. We believe it plays an important role in providing information to the public and there is a governance framework for the Electoral Commission, under the Political Parties, Elections and Referendums Act, which we believe has operated effectively for 10 years. It is also important to recall in the context of this amendment that latterly the Electoral Commission has had the benefit of advice and involvement of representatives from the political parties: the noble Lord, Lord Kennedy of Southwark, for the Labour Party, the noble Baroness, Lady Browning, for the Conservative Party and Mr David Howarth, the former Member of Parliament for Cambridge who represents the Liberal Democrats.

The Speaker’s Committee is an important part of that framework. It produces an annual report to Parliament on the commission's performance, but the nature of the role of the Speaker's Committee is different from that proposed in the amendment. The Speaker's Committee is currently not given any say in how the commission should exercise its powers. It is there to report on the performance of the commission rather than to have a say in the exercise of its powers.

The purpose of paragraph 9(2) of Schedule 1 is to provide legal clarity so that the Electoral Commission can issue information about both the first-past-the-post and the alternative vote systems which it identifies as being necessary to help public understanding of the referendum question. I hope that that goes some way to answering the point of the noble Lord, Lord Soley, which was whether we could delete paragraph 9(2) and leave it to the respective campaigns. Although the respective campaigns will have facility under the free post to put out their argument—no doubt a positive argument for why they wish to retain first past the post or to move to the alternative vote and an argument against the other system—that is clearly not a role that would be appropriate for the Electoral Commission.

Paragraph 9(2) provides a clear legal basis for the Electoral Commission, having identified a need for factual information, to provide it. In his response to the previous debate, the noble Lord, Lord Rooker, said that it could be accused of bias because first past the post was described before the alternative vote. In fairness, if one looks at the electoral question, the question for the referendum, which is part of the Bill, first past the post is mentioned there before the alternative vote, so it is probably not unreasonable that the Electoral Commission should reflect in its information the question which Parliament is debating and which appears in the Bill, published on advice from the Electoral Commission.

[Lord Anderson of Swansea]

If a leaflet is to be produced by campaigning organisations, the noble and learned Lord will understand that, normally, when making an argument, you put the argument you want to make second. It is assumed that in a “on the one hand, on the other hand” argument, you put the argument that you favour second. Cannot that be got around in a leaflet by having one side of one page for and the other against?

[Lord Wallace of Tankerness]

The answer to that, as the noble Lord, Lord Rooker, pointed out, is that it takes a bit longer and more pages to describe the alternative vote than it does to describe the first-past-the-post system. Although that is an innovative and ingenious way to try to overcome the problem, I think that a practical issue is associated with it.

As my noble friend the Leader of the House said, the Electoral Commission has already published the proposed content of its information leaflets on its website. It is keen to have comments on the draft. If noble Lords wish to make representations about that information, they can of course send their comments to the Electoral Commission before the leaflets are published.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Wallace of Tankerness and Lord Anderson of Swansea

Monday 20th December 2010 Lords Chamber

[Lord Wallace of Tankerness]

As I do not recognise the allegation that the noble Lord, Lord Howarth of Newport, has made, I am not really in a position to answer. The noble Lord, Lord Lipsey, has identified that these two are linked together. He went on to argue that it was not the Liberal Democrats who got the better of the deal. He made the point that if there is a no vote in the referendum, the boundary proposals still go through. If there was a no vote—as I hope not, and our parties in the collation are agreed about what the outcome of the referendum should be—as a Liberal Democrat, I do not think I could ignore the view of the people. It would be wrong. If the people vote no, I expect that my colleagues will accept it.

The noble Lord, Lord Deben, made a point about fairness and the equality of constituencies. He said that that is a Conservative principle, and I am sure he would claim that it is not unique to the Conservative Party because the noble Lord, Lord Rooker, endorsed it, and I have no difficulty in accepting that as a principle. Indeed, as my noble friend Lord McNally has said on a number of occasions, this Bill is about fair votes and fair boundaries. It shows that the two are, in fact, linked. It shows how the two will be linked because it will shape the way in which the other place will be elected in 2015.

[Lord Anderson of Swansea]

Will the noble and learned Lord also address the question of indecent haste and the fact that there has been no pre-legislative scrutiny? Is he aware, for example, that in Wales, the Welsh Assembly seats are based on 40 existing Welsh parliamentary seats and 20 proportional representation seats? Had they bothered to consult the Welsh Assembly, they would have been told of the substantial implications for the electoral system in Wales arising from the way in which the Welsh constituencies will be reduced from 40 to 30.

[Lord Wallace of Tankerness]

That is similar to the changes that occurred in Scotland after the noble Lord’s Government, which he supported, reduced the number of Scottish Members in the House of Commons from 72 to 59 when Scotland had 73 first past the post seats and 28 seats. I am not sure whether he objected when that legislation was brought before this House back in 2005 or 2006, but I hear his point. When we come to that part of the Bill, I have no doubt whatever that there will be discussions on the subject of Wales and the Isle of Wight.

The noble Lord, Lord Soley, asked whether a boundary review could be judicially reviewed. I remind the House that the question of hybridity was raised at the first stage of the proceedings on this Bill in this House and was rejected. Indeed, the position is that the Boundary Commissions can be judicially reviewed. It is our hope that they will not be and that there will be no grounds for doing so. Whether any challenge would delay a review would depend on the nature of the challenge, the time it took to be heard and whether any action had to be taken as a result. Clearly, we will have ample opportunity to debate issues that the noble Lord, Lord Soley, raised about the Isle of Wight, Ynys Môn and Cornwall—I have no doubt whatever, because I received the representations, too—when we debate the second Part of this Bill.