Parliamentary Voting System and Constituencies Bill

Baroness Hayter of Kentish Town Excerpts

Monday 20th December 2010 Lords Chamber

Moved by

[Baroness Hayter of Kentish Town]

44: Clause 8, page 6, line 6, after ““No”” insert “in England, Wales, Scotland and Northern Ireland”

[Baroness Hayter of Kentish Town]

My Lords, before I address Amendment 44, as the Leader of the House responded earlier in this Committee to the question of thresholds when a convincing case against a threshold was given, I would like to leave him with one thought. I understand that the Government, or another part of them, are considering thresholds for trade union ballots. It might be useful, by the time we get to a response, to see whether that is the case and whether, if it is fit for a goose at this time of year, it may also be fit for a gander.

Amendment 44, which stands in my name, would ensure that there was a majority in favour of AV in all four countries of the United Kingdom in order for the new voting system to be automatically triggered. Having heard from my noble friend Lord Lipsey at an earlier stage in this Committee, I am confident that there is no difference between the four countries on AV, so I anticipate no problems in this regard. However, it seems a sensible safeguard against the possibility, for example, of Scotland voting yes to AV by a large majority, given that Scottish Parliament elections are taking place at the same time, England then voting no but by a small margin and the Scots then holding sway over England, and not simply on the football pitch.

Of course, the other might happen; Wales emphatically votes no along with Scotland but England and Northern Ireland then combine to impose their yes preference on the other two countries. It is difficult to judge whether any such outcome will arise. Perhaps the Scots and the Welsh, having used variants of electoral systems over the years, will now be much more relaxed about further changes, and will understand how a more proportional and fairer system can better reflect their choices at the ballot box. On the other hand, they may feel that they have enough systems and simply do not want another. I do not claim to be an expert on this. Nor do I have any evidence of the likelihood of different turnouts or preferences across the four countries. What I do know is that there could be discontent should one of our four nations feel, having heard and seen the outcome of the four separate counts, that its will is trumped by the votes of the other nations.

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[Lord Strathclyde]

My Lords, I do not agree with that; this is a United Kingdom vote on an electoral system for the United Kingdom Parliament. If the majority of those taking part in a referendum vote “yes”, is it not right that Parliament accepts that result and carries on? That seems to be the fundamental position and it is why we resist the amendment, as we have resisted other amendments made here and in another place. We think that if we introduced these thresholds, they would have undesirable consequences, compromising public confidence in the legitimacy of the outcome. We want to respect, without conditions or qualifications, the will of the people who vote in the referendum, and I believe that a simple majority is the fairest way of doing so. I therefore urge the noble Baroness to withdraw her amendment.

[Baroness Hayter of Kentish Town]

My Lords, I thank noble Lords for all their interventions, which have given me an interesting history lesson—particularly for 1978. Earlier, the other Cunningham—my noble friend Lord Cunningham—was here, although I do not think that he is in his seat at the moment. Of course, the noble Lord, Lord McNally, played a different role in 1978, and each will have their memories of that referendum. We have also heard the history of my noble friend Lord Lipsey and me. He recalled that we met in 1970 but the date was actually 4 August 1970. We have heard stories of the misspent youth of my noble friend Lord Foulkes in Kentish Town, and even West Country lingo, which I shall not repeat in this House.

The essence of the debate has clearly been far more important than those personal recollections. One of the interesting questions was put by the noble Lord, Lord Mawhinney, who asked whether one vote was enough, to which the answer is clearly “yes”. Perhaps that is why Members of your Lordships’ House will have a vote in the referendum—because the Government may be dependent on every last vote. I always wondered why we suddenly got into that.

It has been said by my noble and learned friend Lord Falconer that neither House has come out in favour of AV. Indeed, as I think my noble friend Lord Howarth added, nor has any party come out in favour of it. The Labour Party never even discussed it. I was chair of the Labour Party at that time and it was the party in Parliament that first decided to have a referendum. However, the party as such has not taken a view on it. That is quite correct; it does not have to do so. Individual members’ views will be known but it will certainly not be a collective view.

I think my noble friend Lord Lipsey suggested that I was a dyed-in-the-wool supporter of first past the post due to having tabled this amendment. However, that is not the case. I marginally favour first past the post over AV but I can live with AV. I am a passionate supporter of the constituency link but of course that matter will not be in front of us today. However, I do not accept the allegation that I am doing this because I have a particular view on that. I do not think that this is a bizarre amendment, as the Leader of the House referred to it. Rather, as my noble friend Lord Howarth of Newport said, we should be sensitive to the sentiments of each of the four countries, especially if, in the voting, one of them is out of line with the others. We should respect the results in each of the four countries for this outcome to have legitimacy. That does not mean that we necessarily stop the train; it means that we have time to pause and consider, and really all that the amendment asks is for the Government and Parliament to have time to pause and consider.

This is not an amendment about thresholds. As most Members of the Committee will know, I tabled one such amendment last week. It was very modest, and in fact I was ticked off by some of my noble friends as it referred to only a 25 per cent threshold. However, that was last week and this amendment is different: it avoids the risk of an abstention counting as a “no” vote; it is about the result, not the turnout; and, as has been said, it bypasses any difficulties with the wording that the coalition may have. It is essentially, as the noble Lord, Lord Elystan-Morgan, said, an insurance against the irreversible change that the referendum might make. We could, of course, have different systems. I do not agree that just because it is one House there must be one system. I worked for a long time in the European Parliament where we had completely different systems that brought Members to the European Parliament. We lived quite happily with that result.

This amendment, therefore, is about having time to reconsider before the automaticity of the implementation happens. I hope that the Government are going to give some thought to this general view, whether it be a threshold on turnout, or outcome, or, indeed, looking at these four results.

Having failed, however, to win over even my own Front Bench I will, at this stage, beg leave to withdraw the amendment.

Amendment 44 withdrawn.