Parliamentary Voting System and Constituencies Bill

Angus Brendan MacNeil Excerpts

Monday 18th October 2010 Commons Chamber

[Mr Harper]

Like the hon. Gentleman, I am very keen that on matters to do with elections this House should get to pronounce before the Bill goes to the other place. I believe that that is important; we will seek to achieve that.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

I am looking at amendment 353, but it is not clear precisely which “parliamentary constituency” is referred to. Does it mean a Westminster parliamentary constituency or a Scottish parliamentary constituency? As Members would or should know, there is quite a difference in numbers—72 as opposed to 59—between the two. There is some ambiguity in the amendment; it is not at all clear.

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[Mr Harper]

Fortunately, neither I nor my hon. Friends were responsible for that legislation. It was introduced by the hon. Gentleman and his colleagues when they were in government. I am thus not going to defend the wording. I think that the hon. Member for Na h-Eileanan an Iar is probably spot on in what he said.

[Mr MacNeil]

The intervention from the Opposition Front Bench has only added to my confusion. Does the amendment refer to both the Scottish and the Westminster parliamentary constituencies or neither—or is it “Please yourself and toss a coin”?

[Mr Harper]

Again, I think that the hon. Gentleman is quite right. The Government propose to have the counting done and the results declared in tandem with the other elections taking place that day. We believe that that is administratively sensible and in no way affects the legitimacy of the results, as my hon. Friend the Member for Grantham and Stamford has pointed out.

My final point in response to the hon. Member for Rhondda is that he was effectively inviting me to do the chief counting officer’s job for her. Of course there are rules laid down for the conduct of elections, but it is for her to judge whether the regional counting officers and others appointed to work for her are carrying out their responsibilities appropriately. It is not for me to micro-manage her judgment—her judgment is a matter for her. On that basis, I urge hon. Members to support the Government’s amendments and urge the hon. Member for Rhondda not to press amendment 353 to a Division.

Amendment 261 agreed to.

Amendment made: 262, page 14, line 28, leave out sub-paragraphs (3) to (5) and insert—

‘Assistance to counting officers etc

2A (1) A local authority whose area forms, or forms part of, a particular voting area must place the services of their officers at the disposal of—

(a) the counting officer for the voting area, and

(b) the Regional Counting Officer (if any) appointed for the region that includes the voting area,

for the purpose of assisting the officer in the discharge of his or her functions.

(2) In this paragraph “the local authority”—

(a) in the case of a voting area that is a district or county in England, or a London borough, means the council for that district, county or borough;

(b) in the case of the City of London voting area, means the Common Council of the City of London;

(c) in the case of the Isles of Scilly voting area, means the Council of the Isles of Scilly;

(d) in the case of a voting area in Wales, means the council of a county or county borough;

(e) in the case of a voting area in Scotland, means the council of a local government area.’.—(Mr Harper.)

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[Mr Brady]

As my hon. Friend says, the Minister is a good man. He said as recently as 6 September, in the winding-up speeches on Second Reading:

“It is perfectly normal in most countries that in order for someone to be able to vote for the national Parliament they have to be a citizen of the country concerned. That is a perfectly normal process and we are not changing it in this Bill. It is the existing system and I feel sure that Mrs Clegg will cope with it perfectly well.”—[Official Report, 6 September 2010; Vol. 515, c. 128.]

I am sure that Mrs Clegg will cope with it perfectly well, whatever we do this evening. However, crucially, although my hon. Friend the Minister appears to share my view that it should be perfectly normal for the right to vote in general elections to be reserved for citizens, as it is in most countries around the world—in almost every country around the world—it is not yet perfectly normal in this country. The purpose of these amendments is to begin to lay the ground for that important change in the franchise.

[Mr MacNeil]

I am reading the hon. Gentleman’s amendments with interest. I note that Republic of Ireland citizens would, as I understand it, lose the right to vote in the referendum if his amendments were to go through. However, those who live in Northern Ireland but have Republic of Ireland citizenship, so long as they were ordinarily resident in Northern Ireland, would be allowed to vote. My question is about those from Northern Ireland who might have Republic of Ireland citizenship—not UK subjects—but who subsequently move to Scotland. Would they vote or would they not, and how would we enable that to happen or not to happen?

[Mr Brady]

I think I am grateful to the hon. Gentleman for that intervention. I think that for the purposes of this Bill it would be perfectly simple. We are talking about a referendum vote that will take place on a single occasion, so any change we make in the franchise for the referendum would clearly depend on their status at that time.

[Mr MacNeil]

A particular instance might be the case of an individual who has never lived in the Irish Republic but who has chosen Irish citizenship and has then moved to Scotland.

[Mr Brady]

I hope that the hon. Gentleman will recognise that I tabled amendment 60 in a spirit of compromise with the intention of avoiding re-opening difficult debates that had taken place at the time of the Good Friday agreement. It is of course an inconsistency set against amendment 59, but that is its sole purpose.

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[Mr MacNeil]

Does the hon. Lady agree that if we can send 16-year-olds into our armed services and demand that they pay tax, they should be allowed to vote at 16? The Scottish National party and, I recall, the Liberal Democrats have been very strong advocates of having the franchise at 16; we are still of that mind and I hope that in the Lobby the Liberal Democrats will be, too. Is she optimistic about that?

[Natascha Engel]

I have it on good authority that I should be very pessimistic about the Liberal Democrats joining us in the Aye Lobby tonight, but they would be very welcome to do so.

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[Mr MacNeil]

The hon. Member for Broxbourne (Mr Walker) may have been taunting the Liberal Democrats to stick to their principles, but I am again stunned by their spinning, wriggling and movement. Is there anything left? No single transferable vote, no votes for 16-year-olds—what is left for the Lib Dems? May I offer them a cerebral argument? Sixteen-year-olds will be disproportionately affected by virtue of their age—

[The Temporary Chair (Mr Roger Gale)]

Order. I should like to curtail interventions to intervention length.

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[Natascha Engel]

I should have been more particular about that point, and I apologise. My argument was that 16-year-olds are allowed to do any number of things—

[Mr MacNeil]

Such as paying tax.

[Natascha Engel]

Indeed. At 16, people are allowed to do many things over which they have no say. The argument I am trying to make is that, as we are proposing a fundamental change in the voting system for a parliamentary election, at the referendum—and referendums are rare—that will happen only a few years before the general election at which we propose to change the voting system, it is only right that the people who will be affected by it should have a say in whether they want that system changed.

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Through this loosely worded approach to a referendum constituency, if I can put it like that, we are giving a vote to people who have no natural association with this country other than through post-colonial arrangements. I do not think that that is appropriate, and most people, if they stood back and thought about it, would think it rather incredible that anyone who has got here unlawfully and has their name on the electoral register—although that is an offence—can vote. In fact, such people have voted, and may have affected the outcome of an election. The referendum is important, because it relates to a change to our constitution. Should that not be a matter for British subjects or citizens? I think that the right answer is yes.

[Mr MacNeil]

I am listening with interest to the hon. Gentleman. I have already given an example to which there has not yet been an answer—of the Irish citizen from Northern Ireland living in Scotland. What about the children of those who have left the islands of Scotland and gone off to Australia or New Zealand? I know some people who have done so. Those children are the children of UK subjects and have the title of British citizen. Are they entitled to vote, although they have never lived in the UK, when those who have come here and are materially affected by what is happening would not be allowed to vote?

[Mr Shepherd]

As for those who have emigrated, and possibly even taken up Australian citizenship, I would say no. Why should they? They have made a declaration.

[Mr MacNeil]

rose—

[Mr Shepherd]

I do not want to engage in an exchange across the Chamber of the kind that we have just had. I respect the hon. Gentleman’s opinions, but it seems that we are talking about a central, small part of an issue: what constitutes British citizenship? It is not as defined in 1947 any more, and there has been a whole series of extensions to that definition. Now, European—not British—citizens can determine how local taxes are arranged in the borough or elsewhere.

This is a question that would, frankly, have been startling to many people, certainly when I first came to the House. The numbers are huge: 3 million new British citizens have been created since 1997, and I do not see them returned on the electoral register. It has not leapt by that number. I want to assert the essential concepts of citizenship, because the Bill is, in the end, about our citizenship; it is about voting processes and how we elect a Government, and it explores the idea of a five-year mandatory Parliament. However, the essential issue here is who should vote. That is all it is about.

[Mr MacNeil]

Is the hon. Gentleman saying that somebody who holds British citizenship because of their UK-subject parents—I know that these are funny terms that are kind of inconsistent—and who has never lived in the UK should be able to vote in the referendum and that those who live here should not?

[Mr Shepherd]

I am using common terms, and I hope the hon. Gentleman will forgive me for that. I understand British citizenship as a link by birth to a country. I also see it as the sentiment of the individual. As I said, there have been 3 million new British citizens in 13 years, and it is not impossible for them to express that sentiment and qualify for citizenship. I did not want to be distracted down the routes along which the hon. Gentleman was trying to lead me. I feel that we have started on a question and answer session, and that was not my intention.

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[Chris Bryant]

The hon. Gentleman is sitting next to the hon. Member for Altrincham and Sale West—a man who just described himself as an eternal optimist. They are both so optimistic that they are still referring to me as a Minister, which is a delight. Of course, the hon. Member for Broxbourne (Mr Walker) knows perfectly well that that is not the argument I am making; I know that because he did that little shrivel-up of his nose that he sometimes does when he is about to make a mischievous contribution in debate.

The basis of my argument is that the bonds of the Commonwealth are important, and I have given a couple of instances of that. We have significant numbers of people from these various communities in the UK. Many of them have been resident for some time, pay taxes and contribute to British political life, and I would like them to be able to remain in the same situation. The situation is not broken, and so, to use an old Conservative principle, I do not see the need to fix it. Particularly in relation to the Republic of Ireland, it would be a step completely in the wrong direction to try to unpick the relationship that we have managed to maintain over the past few years.

Another issue that has been touched on only slightly relates to the overseas territories. We should consider, not directly in relation to this referendum, but certainly in relation to the future, how overseas territories are represented in the context of the British Government. There is an degree to which we still decide matters for the overseas territories. For instance, in recent weeks the Government have decided to overturn the decision on borrowing in the Cayman Islands and allowed the Cayman Islands to remain as a tax haven. I believe that that is entirely a mistake, and that the finances of Cayman are unsustainable. It is therefore important that we find some means of ensuring that the overseas territories have some form of representation.

I want to ask the Minister a couple of other questions about why the Government have introduced the clause precisely as it is. I presume that we will not have a clause stand part debate, so I will mention these points now, if that is all right, Ms Primarolo. I do not understand why peers should be allowed to vote in a referendum on elections to the House of Commons. That seems slightly odd, because all the other provisions relate to those who are able to vote in elections to the House of Commons. Perhaps the Minister will be able to enlighten us. In particular—this may be down to my personal stupidity and inability to read legislation—[Interruption.] Undoubtedly it is, yes. I see that the hon. Member for Worthing West (Peter Bottomley) has swapped sides and decided to join the ranks of the Labour party: he is very welcome.

I asked the Minister about clause 2(2) earlier, so by now he might have had some inspiration from the officials. No, I see that he is not going to get any inspiration from them because they are all shaking their heads furiously. The clause makes provision for peers whose only right to vote will be by virtue of being able to do so through the City of London—for instance, as an alderman—and therefore not by virtue of their residence. Precisely how many people does he think that that catches?

Can the Minister tell us about the position of the bishops? As he will know, some bishops arrive in the House of Lords automatically and some arrive on a sort of episcopal escalator that takes them up there once they are among the longest-standing bishops of the Church of England, as long as they are diocesan, not suffragan or area bishops. What happens to bishops once they are no longer taking their ex officio seat? Will they be allowed to vote? What provisions does he think should be made for the future?

[Mr MacNeil]

How close does the hon. Gentleman think that this referendum might be?

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[Chris Bryant]

I beg to move amendment 352, page 37, line 26, after ‘contrary’, insert

‘including any validly registered voter who presents himself to the polling station before 10 pm but, because of a queue, is not immediately able to vote’.

The amendment seeks to rectify the situation that we saw in the general election this year, when, as hon. Members will know, in several constituencies around the land people turned up to vote at 9.40 pm, 9.45 pm, 9.50 pm or 9.55 pm, but could not cast their ballots. Indeed, they were not provided with ballot papers because they could not get through the doors, as there were queues of people wanting to vote. I hope that all hon. Members thought it a bit of a scandal that although people have historically said that England is the mother of all Parliaments, and although we pride ourselves enormously on our historical past, we were not able to run—

[Mr MacNeil]

England?

[Chris Bryant]

Unfortunately it was a Liberal who first said that England was the mother of all Parliaments, so I can only excuse him. However, if the hon. Gentleman wanted to point out that the first Parliament was not on these isles at all, he would be absolutely right: it was the Althing, the Parliament of Iceland, which has sat since 929.

My point is that on election night we were deeply embarrassed by the fact that so many people were unable to vote in so many parliamentary constituencies. The Deputy Prime Minister himself said that the situation was simply unacceptable in a democracy:

“It is not right that hundreds later found themselves unable to exercise their vote when the polls closed. That should never, ever happen again in our democracy”.

In fact, the situation in his own constituency was among the worst in the land. The returning officer, John Mothersole—a name I have not come across before—apologised to voters who were turned away, saying that the council had “got things wrong.” He said that the turnout had been phenomenal, probably the highest in 30 years. That was not quite right—it was not the highest turnout in 30 years—but the fact that some 200 people were turned away in Ranmoor in Sheffield, Hallam and the police had to deal with an angry crowd of about 100 would-be voters is a clear indication that there is a significant issue to consider.

[Chris Bryant]

My hon. Friend is absolutely right. It is true that some people vote some days before the election when they vote by post, but for many people—those doing shift work, for example—it is vital to keep the polling stations open right up to 10 pm; otherwise, they would not be able to meet their work obligations as well as their voting duties.

[Mr MacNeil]

I saw how what the amendment proposes can work in practice in Venezuela, where I was once asked to be an international election monitor. When the time to close came, the polls stayed open until the queue of people had finished voting. It worked with no problem at all; it functioned very well in Venezuela.

[Chris Bryant]

Some people have had doubts about some of the Venezuelan elections, and I am not sure that we want to base what we do entirely on comrade Chavez’s elections. When I was the Minister with responsibility for Latin America, I was shown a hospital in Venezuela and on one occasion I saw the same woman in three different wards—to prove that the hospital was being used.

[Mr MacNeil]

Serious questions are often raised before elections, but that happens in this country, too. I do not want to leave people with the impression that there is anything specifically wrong with Venezuelan democracy. From what I have seen of that democracy, I know that both the opposition and the Government of that country were very happy with the process.

[Chris Bryant]

Perhaps we should stick to elections in this country, rather than worry about Venezuela. The point is that the amendment is designed to allow someone who has presented themselves to the polling station before 10 o’clock to enter it, receive their ballot paper and vote after 10’clock, even though there was a queue that prevented them from being dealt with by the officials immediately. This will be even more important if we end up with combined polls next year. In many areas in the Rhonda, there tends to be a fairly quiet period between 8 pm and 9.30 pm, but then there is a sudden surge of voters. If Assembly elections as well as the referendum are happening in the same polling station, with people having to approach two desks to provide the information necessary to get their ballot papers, the delay might well be increased. If local authorities are worried about whether the number of staff is sufficient to fulfil all the functions properly, that provides all the more reason to make special and specific provision for people to be able to vote, even though they are not in the polling station until after 10 o’clock.