(12 years, 5 months ago)
Commons ChamberOn behalf of the Scottish National party and Plaid Cymru, I add our congratulations to the Queen and wish her well on the tremendous occasion of her 60th jubilee.
This is my second speech on an Humble Address; the other was six years ago on the occasion of the Queen’s 80th birthday. Of the six Members who contributed that day, only two have done so again today: the Prime Minister did so from a different position, but I speak from the same place and am happy to provide continuity for the Humble Address.
Her Majesty has had a long and impressive reign. I noted from a recent TV documentary that 60 years ago she pledged to serve the “imperial family”. Time has moved on, and so has the Queen, although not her inner gracious qualities and decorum. The imperial family has changed into a Commonwealth, as the Prime Minister noted earlier, and Her Majesty is now Queen of 16 independent states, a number that may be added to in coming years—a veritable growing family.
In the year of Her Majesty’s 80th birthday, six years ago, she cruised around the Hebrides—my constituency, Na h-Eileanan an Iar—perhaps her favourite destination in all her realms. Before she becomes our longest reigning monarch—God willing—on 9 September 2015, I hope that she may again have the opportunity to cruise around the Hebrides, as this year may be a bit busy for her.
In my childhood it was always a high point when Her Majesty visited the islands south of Barra, and travelled there in peace, and the three masts of the royal yacht Britannia were visible behind the hills when it was anchored in Vatersay bay.
Finally, I say in Gaelic—the old but also the modern language of Scotland—“Meallaibh ar naidheachd a Bhanrighinn Elasdaid is tha mi an dochas gum bi ioma Bliadhna sona roimhibh.”
(12 years, 7 months ago)
Commons ChamberQ2. It seems, Mr Speaker, that the SNP gets more reaction from Labour than their own Leader does. Does the Prime Minister agree that in Scotland the people are sovereign, and therefore for improvement they have the right to determine their own constitutional future as they see fit?
Of course this is an issue for the people of Scotland, and I think we should bring forward the date when we put to the Scottish people the question of whether they want to stay in the United Kingdom—which I dearly hope that they do—or to leave the United Kingdom. But the point that everyone needs to understand is that options for further devolution—options for changes across the United Kingdom—are matters for all of the United Kingdom, and matters that all of the United Kingdom should rightly discuss.
(12 years, 10 months ago)
Commons ChamberI am confident that when my hon. Friend sees the terms of reference he will see that there will be time for the commission to examine this matter, make its proposals and enable there to be a full discussion with all the political parties in this House, and then for this House to take a decision on how it wants to move forward.
Does the Minister agree that the English are every bit as good as the French and the Germans, and can surely govern themselves without any help from the Scots? Surely the answer to the West Lothian question is very simple.
(13 years, 1 month ago)
Commons ChamberI support the Minister’s point. Even if it is Parliaments around the world that are only 20 or 30 years old that have adopted fixed-term Parliaments, it is interesting that they did not adopt the system that we have here, despite its longevity. They probably saw the errors in our system and were not going to start from here when deciding how to run their parliamentary terms.
The hon. Gentleman is right. As I said, when this House decided to legislate to set up the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly, it did not think that it was right to have variable terms; it decided that it was sensible to have fixed terms. If this House thought that that was good enough for them, it should be good enough for us.
Let me finish by reading out the following quote from the right hon. Member for Blackburn. [Interruption.] The hon. Member for Stoke-on-Trent Central rightly says that I have already read out the quote, but I wanted to set out the conclusion that the Labour party should draw from it. The right hon. Gentleman said that
“parties in opposition that are in favour of fixed terms go off the boil on them when they come into government.” —[Official Report, 13 September 2010; Vol. 515, c. 645.]
The Labour party is in danger of doing the opposite. It is in danger of being committed to this proposition when it was in government and then going off the boil on it when in opposition. The party should reconsider. In the time before the House is asked to make a decision on this, I hope that the Labour party will decide that we should disagree with their lordships on this group of amendments.
If the hon. Gentleman does not mind, I will not, as I am keen to conclude my remarks.
The Minister asked whether both Houses should decide. That goes to the heart of the matter. Yes, we believe that both Houses should decide, but if the Minister had wanted to change that, he could have tabled an amendment in lieu of the Lords amendment, which could have said that just as in the provisions on an early general election, there would be a vote in one House—this House. There could have been a vote in this House on whether it was a fixed-term Parliament. The Government’s response tries to bind a future Parliament in an inappropriate way. I think that is a mistake, so we will support the Lords amendment.
(13 years, 2 months ago)
Commons ChamberThe hon. Gentleman is a wonderful attender and supporter on these occasions. He is right to remind me of that group. The only Church organisation I shall have time to mention is the Salvation Army, but I endorse everything he said.
With 16 other parliamentarians, I was recently made a national parliamentary patron of the YMCA, although we failed the audition for Village People. It does a fantastic job with housing and homelessness, promotes sport, health, exercise and fitness, works to combat crime, helps with safety, provides education and skills, offers advice on money, tries to get young people jobs and helps with citizenship, personal development, parenting and family difficulties. The YMCA reaches out to more than 1 million people each year, working with them at every stage of their lives and offering support when and where they need it most. The movement has grown to become one of the biggest Christian charities in the world, working in over 120 countries, with 30 million members worldwide.
The Salvation Army is a wonderful organisation. I happen to be a Catholic but I always say that the Salvation Army does a wonderful job. It certainly does in Leigh-on- Sea. It was founded in the east end of London, where I come from, in 1865. It has 50,000 members, 4,000 employees and 1,500 Salvation Army officers. It serves 3 million meals a year, carries out prison visits, helps 3,500 homeless people and runs 709 local church and community centres. It runs 636 centres for the elderly, 300 youth clubs and 120 drop-in centres. The list goes on and on. If ever we feel gloomy at Christmas, we go to the Salvation Army and it cheers us all up.
When Dame Cicely Saunders set up the hospice movement, did she ever realise what wonderful work hospices would do in the United Kingdom? All hon. Members have hospices in their constituencies. I have Fair Havens, which was founded in 1983. It employs an army of volunteers. Supporting families who have lost loved ones is very draining.
May I mention VSO—Voluntary Service Overseas? I was told tonight that the average age of VSO volunteers is 44, although many are young people. Those who are past their careers and are grandparents have an awful lot to give. Volunteers go overseas and give in a targeted and intelligent way, capacity building in other societies, and they deserve special mention for the work that they do.
I entirely agree. Believe it or not, VSO is on my list, but I will now shorten my comments on it.
When I was Member of Parliament for the area where St Luke’s hospice is situated, one of the miracles that happened there was that we built the hospice from nothing at all. Princess Diana came and opened it and it still does wonderful work.
This weekend in all our constituencies was armed forces weekend. I am president of our local branch of the Royal British Legion, as are other hon. Members in their areas. The Royal British Legion does a fantastic job. It was founded in 1921. We had the armed forces parade to Parliament today, and I know that the hon. Member for Colchester has a great deal to do with the Anglian Regiment. We salute the armed forces and thank them for their work.
On VSO, I declare an interest. Last year, VSO paid for me to do voluntary work in the Philippines. I was there as an advocate for Filipino nurses. One of my children, Sarah, has just come back from doing voluntary work in the Maldives as a teacher. It sounds glamorous, but when there are cockroaches coming into the rooms and all sorts of other things happening, it is quite a difficult job in a Muslim country. I agree that the work of VSO is first class. If any hon. Members have some free time this summer, I hope they will contact VSO and join it.
I echo the hon. Gentleman’s sentiments about VSO wholeheartedly. I had the privilege and the enrichment of a VSO placement in Cambodia in 2008. I hope more Members take up his suggestion and give time to VSO.
It was a wonderful experience for me. We went to Ifugao and we were stationed in Manila. For three days nurses were queuing up to get their qualifications—it is very tough to get jobs there. When one comes back to the UK, one realises how jolly lucky we are.
At the weekend we had a Southend community in harmony event.
(13 years, 3 months ago)
Commons ChamberFirst, as I said earlier, this House will have the final say—that will remain. Secondly, I think there is a world of difference between the number of people whom we all represent as Members of this House and the hundreds of thousands who would be represented by individual elected Members in any reformed House of Lords. That would be clearly understood by the public as providing a much greater and more direct mandate to those of us in this House than to those elected to the other House.
Can the Deputy Prime Minister confirm that he has had discussions with Scotland’s First Minister, Alex Salmond, on Lords reform? Given the wonderful and historic scenes we have seen with our Queen in Dublin this afternoon, should not this Parliament also catch up with the modern world and ensure that in a democracy all Chambers try to reflect the democratic wishes of the people they aim to represent?
I spoke to the First Minister earlier today and explained to him in considerable detail what we are proposing, and we are both agreed that we will continue those discussions in the near future.
(13 years, 5 months ago)
Commons ChamberMy hon. Friend raises an issue of real concern, on which we keep a very sharp focus. After Gaddafi supposedly came in from the cold, there was an agreement for him to give up weapons of mass destruction. He destroyed some of them, but he still has the supplies to which my hon. Friend refers. We have to make sure that there is absolutely no sign of their being used.
In terms of what happens politically and diplomatically, what is crucial is that the future of Libya is for the people of Libya to decide, aided by the international community. The Libyan opposition has made it clear that it does not want to see a division of its country, and neither do we. It has also expressed a clear and overwhelming wish for Gaddafi to go, and we agree with that too, but the UN resolution is limited in its scope. It explicitly does not provide legal authority for action to bring about Gaddafi’s removal from power by military means. As I have said, we will help to fulfil the UN Security Council’s resolution. It is for the Libyan people to determine their Government and their destiny, but our view is clear: there is no decent future for Libya with Colonel Gaddafi remaining in power.
On a wider point, it is a change in philosophy on the part of the UN and the international community not to tolerate those involved in the internal repression of their own populations. What is going to happen to leaders in other countries round the world who are indulging in Gaddafi-style behaviour?
The hon. Gentleman makes an important point, and that is why UN Security Council resolution 1973 could be something of a breakthrough. The world has come together and said that what this dictator is doing to his people—within his own country, but totally in breach of international law and all sign of human rights—is wrong and can be stopped by all necessary means. In the act of stopping him, let us hope that that sends a message to dictators the world over.
I am not sure that the Prime Minister and I are competing to call it the Blair doctrine. On the substantive question that my hon. Friend raises, he is right to say that we need criteria. I think that the responsibility to protect is of great assistance to us there. I think that it has been overlooked at times during our debates. It is endorsed by the UN Security Council and General Assembly.
Does the right hon. Gentleman agree that the passing of UN Security Council resolution 1973 represents a watershed moment, as the Prime Minister seemed to intimate, because of the way in which the international community now looks at the behaviour of Governments repressing the citizens of their own countries?
I think it is too early to declare it a watershed moment, but the hon. Gentleman is right to suggest that those who desire a world order based on principle as well as on power should support the resolution and the motion before us today. Whatever the flaws of multilateralism and the UN—and there are many—they are our best hope for the kind of world order based on principle that we want to see. If we can demonstrate that the international community has come together in the case of Libya to prevent Colonel Gaddafi’s action against his people, this will mark an important moment. We will have acted on the basis of a firm legal base.
My hon. Friend makes a valuable point. I do not know the politics, aims, ambitions or anything else of the people in Benghazi any more than I suspect he does. We should be cautious about going to war on behalf of a group of people whom we do not know or understand and of whose aims we are not aware. Many were Ministers in the Gaddafi Government, again, only three weeks ago. It is a very short time.
There is a danger that we do nothing about Bahrain because of close economic and military involvement, despite the US fifth fleet being there. There is a danger that we say nothing about Saudi Arabia because of the vast arms market there. The former Prime Minister, Tony Blair, felt that Saudi Arabia was so important that he stopped the Serious Fraud Office investigation into the al-Yamamah arms contract. In Yemen and Oman, people are dying. They thirst for exactly the same thing. I was at a conference this morning of Bahraini opposition groups who made strong points. They said that they were not campaigning about human rights in Bahrain yesterday, but last year, the year before, the year before that and so on. Indeed, I first met Bahraini opposition groups who were concerned about the overwhelming power of the king in 1986 at a UN human rights conference in Copenhagen.
Does the hon. Gentleman believe that action in Libya now helps the case for action in the countries that he mentioned later?
I do not believe that it does, because the economic interests in Saudi Arabia and Bahrain far outweigh any humanitarian concerns. I simply do not believe that it will happen.
However, we must use the opportunity to reassess our foreign policy, our arms sales policy and the way in which we get into bed with dictator after dictator around the world. We should also think for a moment about the message that goes out on the streets throughout north Africa and the middle east.
When Israeli planes bombed Gaza during Operation Cast Lead in 2008-09, I did not hear any calls for a no-fly zone over Gaza. F-16 jets pounded Palestinians, killing 1,500 civilians. We have to understand the bitterness of that period and the experience of the Palestinian people because many in the Palestinian diaspora, living out their lives in refugee camps in Jordan, Lebanon, Syria, Egypt—all over the region—want the right to return home. They see the double standards of the west: interested in supporting Israel at the expense of the Palestinian people; currently intervening in Libya but doing nothing to support the Palestinian people.
We are in an interesting period in history. There was an Arab revolution in the 1950s, supporting the principle of pan-Arab unity. Nasser was one of its leading figures. That degenerated into a series of fairly corrupt dictatorships that still run the Arab League. None feels very secure when they attend Arab League meetings. Indeed, they go home as quickly as possible afterwards, lest there be a coup.
We are seeing a popular revolution for accountable government, peace and democracy on the streets throughout the region. We have been on the wrong side in selling arms and supporting dictators. We have not thought through the implications of what we are doing now in Libya. I suspect that we might end up in a Libyan civil war for a long time and that this is not the only occasion on which we will debate the subject in the House. This is the easy bit; the hard part is yet to come.
(13 years, 6 months ago)
Commons ChamberI am grateful for my hon. Friend’s support. I am sure that her clarion call will be heard at the other end of the building.
This morning Lord Wallace made the important point that when a referendum poses a yes/no question, a turnout threshold effectively makes every abstention a no vote. A number of noble Lords supporting Lord Rooker’s amendment suggested that that would not be the case with the kind of threshold that he had proposed. Let me make it clear that it would. Under his amendment, abstentions would still mean that a yes vote might not be upheld. The amendment would still create an incentive for those who favour a no vote to stay at home. Those who favour a no vote might well think that abstaining could create a low enough turnout to see off a yes vote.
Is not one of the problems with their lordships’ threshold that it invalidates only one of the options—the alternative vote system? If the referendum turnout was under the threshold, both the first-past-the-post and AV options should, in fairness, be invalidated—if indeed we accept the principle of a threshold, which we should not. If we do accept it, either result should be invalidated in such circumstances.
I will give way in a moment. Of course we do not expect there to be only 10% or 15% voting in elections and we do not expect that to be the threshold in elections later this year, but there will be a significant difference between the turnout in England, Wales, Scotland and Northern Ireland. I say to Government Members who are concerned about how English people view the way in which the House transacts its business that if the votes of Scotland, Wales and Northern Ireland end up effectively rigging the vote across the whole United Kingdom because they are having other, substantial, national elections on the same day, I think that will bring the decision into disrepute, and that is a problem.
I will in a moment. I am still dealing with this question. I know that the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) is going to make a silly point, and I will let him make it in a couple of moments.
It is suggested that we are advancing a system that guarantees that the vast majority of MPs will have 50% of the vote—some of us already achieve that—but then it is said that that provision should be delivered on perhaps a 30% or 35% vote.
As the right hon. Gentleman knows, I have advocated an elected House of Lords for a very long time, and that is still my position. However, many people, including himself when he was on the Opposition Benches, have argued that the sagacity and wisdom of people down the other end of the building should sometimes be listened to. Whatever system we end up with for the two Chambers, I would simply say that as in most other countries in Europe that have a parliamentary system, there will be a second Chamber with a particular concern for constitutional matters.
If the Bill had made progress as the result of pre-legislative scrutiny, with a Joint Committee considering all of its proposals, or for that matter if there had been two separate Bills, one on the AV referendum and another on parliamentary constituencies, I would agree wholeheartedly with the right hon. Gentleman. However, I believe that the Government have abused every single constitutional convention in driving the Bill forward, so I am afraid I am not with him on this occasion.
Surely if a threshold is in place, it is an incentive not to participate. I hope that the Labour Front Benchers do not want to create such an incentive. Surely it is those who care who will vote. Those who are happy either way will probably not vote and will accept whatever those who care deliver. If the threshold that the hon. Gentleman wants were not reached, would that not invalidate both first past the post and AV, not just one of them?
I knew the hon. Gentleman was going to make a silly point, because he made the same silly point earlier. We have to have elections to this House, and they will either be under the first-past-the-post system or, if the referendum question is carried, under AV. I therefore do not accept his argument. I also point out to him that I believe there will be very different turnouts in Scotland, Wales and Northern Ireland from that in England. That is why I have never supported holding the referendum on the same day as other elections there.
I will give way in a moment, but I want to proceed on this point.
When I was shadow Home Secretary, I negotiated with the then Conservative Home Secretary, Leon Brittan, about a Representation of the People Bill—that is what Bills dealing with the political system and elections in this country used to be called— which he was introducing. The dog’s breakfast that is before us this evening is a misrepresentation of the people Bill, based on an obligation to placate the self-interest of the third party in the House. There is no doubt whatever about that.
I will give way in a moment, but I want to complete this segment of my argument, taking into account the limited time.
This is a partisan Bill. All the Representation of the People Bills that went through the House of Commons, from when I first entered the House, were agreed between the Government and the Opposition—I negotiated with Leon Brittan even down to the threshold for retaining a deposit—but not now. The Conservatives do not want the Bill. We are dealing not with the question of whether we are for or against the alternative vote; we are dealing with the question of whether a fundamental aspect of our British political system should be decided not on its principles, or on whether it is appropriate and admirable for the country, but on whether it suits the interests of a minority party, which wants to go on having coalitions, as that is the only way in which its useless Members would be able to sit on the Government Front Bench.
The right hon. Gentleman referred to rigged referendums, but would a threshold not rig a referendum by blocking a change that the majority of those taking part wanted?
I understand the hon. Gentleman’s point, but I do not necessarily agree with him.
If we were at a different point in the electoral cycle, we could be having this referendum on the day of a general election. We may well have a referendum on future changes on the date of the next general election in May 2015. However, that is four and a half years away, so we are having the referendum rather sooner, and everyone who is conducting the arguments about this threshold knows that, other than in a general election, the turnout is likely to be lower than 40%. That is why I have quoted the statistics I have.
The hon. Gentleman has made a lot of interventions, and other Members wish to get in.
When an election is over—you will recall the first general election I fought was against you, Madam Deputy Speaker—and the result is in, the people have spoken. As democrats, none of us says the people have spoken but with a caveat; we sit down and accept the result. On this occasion, I say that the voters should have the final word in a referendum—the voters who turn up to vote—and on this matter their elected representatives should have the final word.
(13 years, 6 months ago)
Commons ChamberNo, the process for allocating the fixed number of seats in the Bill is by country. So the 600 seats will be allocated between England, Scotland, Wales and Northern Ireland by the fair and impartial process set out in the Bill, which is generally accepted to be the best one for doing these types of divisions. The boundary commissions wanted guidance in the Bill about how to divide up England so that they did not have to do it all in one go. So they will use regions as a starting point, but nothing constrains their ability to cross regional boundaries if they think that that makes sense, taking into account the factors that they are able to consider. The regional boundaries and the allocation of seats to regions are not hard and fast things set out in the Bill.
Have the Government done any theoretical mock-ups of how the arrangements might look starting from the south, starting from the north or using any regional basis? Have they worked out how the pieces might fall at the end of the day?
My hon. Friend is absolutely right, but I think that the inflexibility of the proposals will result in much more significant changes across the country. Having argued that we should have far fewer MPs than even proposed in the Bill, I am not averse to the idea of significant changes being made at one time to the process by which MPs are elected, but I do not think that it should happen every five years, irrespective of what has happened before. That will happen across the country every five years, and as a result of these proposals the changes will be very significant indeed.
All I am asking is that the Government take a less intransigent and more flexible approach—the 7.5% figure is a reasonable extension, frankly. In order to be able to address many of the anomalies, from Argyll and Bute to the Cornish seats and the highlands, the Boundary Commission will need to be given a great deal more latitude than the amendment proposes, as the Minister has rightly said. We had the opportunity to extend the exceptional geographical circumstances of the Western Isles—
Na h-Eileanan an Iar, and Orkney and Shetland. When one considers the geographic arguments for those constituencies’ exceptional status, one sees that it is reasonable to argue that exceptional geographical status can be justifiably extended to other constituencies.
The hon. Gentleman will know that I am a supporter of Cornwall in that argument, and of Isle of Wight and Argyll and Bute. Following an earlier question to the Minister, I have a question for the hon. Gentleman. Given the geographical constraints on his constituency in the south-west, from where the Boundary Commission will obviously have to start moving, how much more territory will have to come into his constituency? He is restricted to the north, south and west and so can expand only eastwards to increase his electorate to roughly 80,000.
I am not engaged in special pleading. My constituency is in the bottom left-hand corner and as far away from England as one can get in Cornwall, and of course it includes the Isles of Scilly, which have some special geographical considerations, so it is clear that I do not need to worry. There will no doubt be some oscillation of the constituency’s eastern boundary. I am here not for special pleading, but because I believe that a significant injustice is going on across the whole country and that the intransigence in the way it is being handled is simply unacceptable.
In the examples that I have just given, of Welsh-speaking constituencies in Wales, the seats are held mainly by Plaid Cymru and the Liberal Democrat party, so there is no advantage for the Labour party in that. I am not arguing a partisan point; I am arguing that 7.5% would provide for that flexibility throughout the United Kingdom and avoid the worst excesses of the Bill.
A couple of moments ago, the right hon. Gentleman said that the Union might become weaker with the passage of the Bill. How much weaker does he think that 88-year-old Union—stretching back to 1922—might be after Royal Assent tomorrow?
I had a speech prepared to deliver today, but I do not think that I shall need it; I am using another.
Let us go over what happened. When I first heard of the proposals, I got together with the County Press, the island’s weekly paper, and Isle of Wight Radio, our local radio station, to see how “we” could fight “them”. It was energising to do that. We all met representatives from the island’s Labour party and Liberal Democrats—and, of course, the Conservatives—as well as the chamber of commerce, and the One Wight campaign was formed.
We appointed a non-political spokesman, Richard Priest, who has done an admirable job of fronting the campaign.
I would just like to point out that there was some international support from the SNP.
That is correct, but I would not use the word “international”.
Although opinion was divided on whether the ideal solution was for one or two MPs, we were united at the outset in the view that what was simply unacceptable was the notion of one and a half MPs, with one part of the island placed in an unholy alliance with a part of the mainland.
Eventually we all agreed that even if the island were to remain under-represented, that was a price worth paying. We got support from many places. Among many others, printing was done free of charge by Crossprint; Marc Morgan-Huws of the bus company Southern Vectis donated the use of the One Wight bus, which thousands of people signed, and Paul Bertie of World Leisure printed T-shirts for the campaigners. I would like to thank them all, as well as those whom I do not have time to mention. Everyone involved played a significant part.
My amendment was not debated in this Chamber and there was no vote, but I want to place on record my gratitude to the hon. Members from all parties who pledged their support for it. I like to think that we would have won if the opinion of the House had been tested. None the less, the Bill went to the other place unamended, and the island’s cause was taken up by Lord Fowler, who is a long-term resident of Seaview, on the island. His skilful management in the other place led to a significant victory and a majority of 74 in favour of keeping the Isle of Wight separate. He found support from all parties, as I did, for the island’s cause, in addition to considerable support from Cross Benchers.
I thank all the noble Lords and Ladies who supported the amendment, and I pay tribute to Lord Fowler. His many years of experience in this House and the other place stood him in good stead in fighting the island’s cause. The whole island owes him a debt of gratitude. I hope that Seaview residents, after short congratulations and celebrations, will permit him to return to a once-again peaceful island.
The fact that islanders were prepared to be under-represented added to the strength of our argument, but the Government were scrupulously fair, and once they accepted the case that we should be separate, they offered us, like the Scottish islanders, over-representation, which I welcomed.
The Minister is absolutely right to say that the 40% turnout threshold for the referendum in Scotland was wrong. As he said, it ensured that the will of the people was not acted upon. In fact, the will of the people was acted upon with bells on 18 years later, because the scare stories in 1979 brought us a Scottish Parliament that was far more powerful than an Assembly. The point tonight is that in a referendum on first past the post versus AV, there is a simple choice either way. If the public are sufficiently supportive of first past the post, it will win in a straight run-off against AV—and vice versa. If neither system can garner sufficient support, then so be it, but the Minister is absolutely right to say that there should be no threshold whatever. There should simply be a straight choice between the two.
The hon. Gentleman is right. One of the most convincing arguments was heard in our previous debates in this House, which is that a turnout threshold effectively makes every abstention a no vote. People abstain from voting in referendums for any number of reasons, but treating all those who abstain as effectively expressing a preference is not the right thing to do. A turnout threshold would give those in favour of a no vote a positive incentive to stay at home. As I said in our earlier debate, we should, as democrats, encourage people to go out there and vote yes or no. The important thing is that people take part, and a turnout threshold would encourage some of them to stay at home.
Such a barrier would also create some very strange mathematical scenarios. For example, if 39% of the electorate turned out, the result would not be binding, even if 75% of those votes were in favour of change. So, even if the public had expressed a clear preference, it would not count. On the other hand, a result in which 41% of the public had turned out, even if it were a narrow 51%:49% result, would count. There is no logic to that proposal; it makes no sense.
No, I am not saying that at all, but that referendum was not an implementing referendum; nor was it held at the same time as other elections. That is a completely different matter therefore, and I think we behaved entirely properly in introducing our legislation for Wales. Incidentally, in the 3 March referendum I shall also be voting in favour.
Is the hon. Gentleman really saying, “These are my principles on referendums, but I don’t like them so I’ve got some other ones”? He says one thing on the one hand, and another thing on the other. There is no consistency at all from those on the Labour Front Bench.
No, that is not true. [Interruption.] Yes, it is interesting to hear an argument for consistency from a Scottish nationalist. That is almost as interesting as hearing that argument from a Liberal Democrat. [Interruption.] I note that the hon. Member for Bristol West (Stephen Williams) was already laughing before I said that.
The Minister cited me, and claimed that I was going to say all sorts of things. Actually, in Committee in this Chamber I said that
“there is no fixed determined policy that we are completely and utterly in all cases implacably opposed to thresholds. Nor, for that matter, is there a belief that we ardently should have thresholds.”—[Official Report, 2 November 2010; Vol. 517, c. 847.]
My point is that there are times when thresholds might be suitable, and there are times when thresholds will not be suitable. Indeed, the Minister quoted a bit of my speech, but I went on to say that
“I fully understand that there are others who say that because of the way in which the Government are pushing forward with this legislation and because it is an implementing referendum, a threshold would be appropriate.”—[Official Report, 2 November 2010; Vol. 517, c. 849.]
Last night, Lord Rooker, to whom I pay great tribute, said that his amendment required tweaking, which is what my amendment (a) does. In a nutshell, it says that if the threshold of 40% is not reached, the Minister would have an obligation to introduce legislation to repeal the alternative vote provisions. Why do I say that?
I will not give way.
I say that for a very simple reason, which is that when this House votes to pass legislation for a referendum so that the people can decide, just as it is necessary, according to the principles of the Bill, for there to be a system of preference voting that is said to be fair, so it has to be fair for the electorate as a whole to know that when the decision is taken there is a proper threshold. According to all the constitutional authorities, there is no credibility in a referendum whose turnout is less than 40%—I am talking about turnout, not a yes vote, which is what the Cunningham amendment related to in the 1970s. I tabled my amendment in order to be useful, to help the Government get this right and to help the Lords, who have done a great job, ensure fairness for the electorate by providing that a 40% threshold is the principle on which the provisions should go forward.
If the threshold were accepted, would that mean that if neither the first-past-the-post nor the AV systems were acceptable to the people, the single transferable vote must be preferred? The threshold argument has to cut both ways.
The hon. Gentleman makes a very good point. People might have a variety of reasons for not voting, such as that they do not believe the alternative vote is a big enough reform of the voting system. If people do not vote, that does not mean that they are voting for the status quo.
(13 years, 7 months ago)
Commons ChamberDoes the hon. Gentleman imagine that the Government would be on such strong ground in trying to railroad things through without the support of both Houses if they had reformed the upper House before starting to tinker with this place?
The reform of the other place will be a matter of great interest, although it is worth bearing in mind that the 1911 Act specifically states that it is to be in place only until the other place is reformed. When that time comes, this House will no doubt want to bear in mind how that Act can be reformed in response to the reform, depending on what is done to the other House. Some hon. and right hon. Members, and indeed some hon. and right hon. Friends, might be concerned about the powers that this House would lose if the 1911 Act were reformed wholesale.
New clause 3 has another important purpose. Lord Justice Laws, in the Thoburn case, which was well known in the popular press as the metric martyrs case, developed a doctrine of constitutional laws, in which he included devolution to Scotland. He would no doubt also regard an independence Act, too, as a constitutional law, which will be of interest to the hon. Gentleman who represents the Western Isles—I am afraid that I must still pronounce it as such, but I hope to learn. The European Communities Act 1972 is viewed as a constitutional Act, as is the Bill of Rights. Lord Justice Laws argued that those have a special place in the legal hierarchy and cannot be amended by implication. That means that they cannot be impliedly repealed, but only specifically repealed. That was quite a constitutional leap and a novel concept, but one that I think Governments have found useful, because it eases their path when changing other laws.
If we have developed this new view of constitutional laws that are superior laws—a sort of law greater than the ordinary Bills that this House and the other place pass—it seems to me that it would be better if that were decided by Parliament, rather than by the courts at a later date. That is one thing that the new clause would at least indicate. It would say that a Bill is so important and relevant, because it will determine how elections will be carried out, that it cannot be amended except with specific approval. Clearly, it would therefore be difficult for it to be impliedly repealed.
That brings me to the nub of the matter, and of the new clause. Constitutional change is the most important duty of this House, because when we change the cycle of election we change it in a way that means that we could have very different Governments. Just think what might have happened if we had had a general election in 2007. Who might have won if that had been the electoral cycle?
The right to an election is the fundamental right of the British people, with their democratic ability to decide who forms the Government, so can it possibly be right for one Government to come in and say of a Parliament, “It’ll be five years,” the next to come in and say, “Oh, actually, four years would be better,” and the one after that to say “Six,” which would still be covered by the exemption from the Parliament Acts, and to play around with the constitution—with the democratic rights of the British people—in a way that involves no checks on them and no ability to say that that is now the settled will of Parliament and of the British people?
I think that in the House of Lords, as it currently is or in any reform of it, we have absolutely the right body to say, as the hon. Member for Dunfermline and West Fife (Thomas Docherty) suggested, “Hold on. You did not have this in a manifesto. This is an inappropriate way of changing our constitution, without the consent of the British people and without a referendum, which might be a better way of doing it, so we are blocking you until you have had a referendum—until some big constitutional result has been found.” The Lords have done that before.
The House of Lords has been a block on constitutional reform, and that is a good thing. Some hon. Members might think that a peculiar thing to say, but it means that reform is properly thought through and developed. I am not going to go back to the exclusion crisis and Lord Halifax’s wonderful speech to prevent the Exclusion Bill going through, but that was a very early example of the House of Lords taking a strong constitutional stance, protecting the rights of an hereditary monarchy to follow the correct path and—the bonus from my point of view—being very pro-Catholic. Certainly, however, before 1832 the House of Lords blocked every reform, and it did so until it was clear that the whole of the British people wanted such reform to take place. Indeed, the Duke of Wellington realised that for the King’s Government to carry on, reform had to take place. After he put metal shutters in Apsley house because of the riots that had occurred, he knew that reform had to take place.
In 1911 even Lord Curzon eventually decided that the reform Bill had to go through, rather than having the House of Lords flooded with a whole new batch of peers who would have pushed it through—[Interruption.] They were Liberal peers. Most of them, however, become Conservative over the generations; it is the great advantage of the hereditary system. The Bill was deeply opposed. Lord Willoughby de Broke was one of the great leaders of the opposition to that reform, and the House of Lords has had that job and done it extraordinarily well, making sure that our constitution changes not as it has done in recent years—which is a grave error—according to the will of a small clique in Downing street, but because within it there has been some important flaw that, with the support of the whole British nation, has needed improving.
I do not think that my new clause will make this Bill perfect, because one cannot make a silk purse out of a sow’s ear, but it would at least make this sow’s ear one that could not be chopped up into sausages.
The hon. Gentleman corrects me by saying that it is proper scrutiny.
The Committee stated:
“Whilst acknowledging the case made by the Deputy Prime Minister for a five year term”—
it is so nice when the authors of such reports use expressions like “whilst acknowledging the case” and “with respect to”—[Interruption.] My hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd) knows what is in my mind. The Committee continued:
“nonetheless the majority of the Committee consider that a four year term should be adopted for any fixed-term Parliamentary arrangement at Westminster. In the view of the majority, the shift from a five year maximum to a five year norm would be inconsistent with the Government’s stated aim of making the legislature more accountable, inconsistent with existing constitutional practice and inconsistent with the practice of the devolved institutions and the clear majority of international legislatures.”
That is quite a condemnation.
Just for clarification, is the hon. Gentleman referring to the recommended length of a parliamentary term as proposed by an upper Chamber where the length of a parliamentary term is life?
I can only repeat what that Committee has said: it states that the appropriate length of a fixed parliamentary term should be no more than four years. The position is, therefore, that that powerful Committee has given that advice to the House of Lords, which has yet to be given the opportunity to vote on these proposals. I think we are moving into territory where there will be proper scrutiny, as it has been described—although the word “filibuster” nearly slipped out—as has proved to be the case in respect of provisions in the alternative vote Bill currently before the House of Lords. There may yet be the possibility of similar activity with regard to how long the fixed parliamentary term should be.
For all those reasons, I believe that the provisions I have felt concerned to raise through tabling new clause 5 are merited. They are consistent with proper constitutional practice and good sense. The attempt to, let us say, fix the next fixed-term Parliament ought to be prevented at all costs.