Parliamentary Voting System and Constituencies Bill

Baroness Liddell of Coatdyke Excerpts

Wednesday 15th December 2010 Lords Chamber

[Lord Campbell-Savours]

My Lords, I support the amendment because it is vital that we have a level playing field wherever possible during the referendum campaign. Section 127 in the 2000 Act contains some ambiguity which really needs to be clarified. The way the legislation has been framed worries me because, if the 2000 Act might be misunderstood in this area, there is the possibility of expenditure bleeding over from political campaigns for the Scottish Parliament, or whatever, into the referendum campaign. The Conservative element of the coalition—I will keep drawing a distinction between the Conservative and Liberal Democrat elements in the coalition—may well want to place a different emphasis in that campaign. The Conservatives might wish to block electoral reform wherever possible and use their party election broadcasts to do so unless there are adequate safeguards built into the legislation. Equally, the Liberal Democrats might take a converse view and argue that they support electoral reform. They may wish, despite their reference to it being a miserable little compromise, to advocate the use of Queensland AV and use their money available for election broadcasts to promote that issue.

Can we have a clear statement in the Minister’s response today that he would not expect parties in the coalition to adopt that particular ruse, and that the legislation that will govern these matters is absolutely clear when the referendum campaigns take place?

[Baroness Liddell of Coatdyke]

My Lords, will the Minister cast his mind back to the 1979 referendum on the Scotland and Wales Bill, which was the first referendum on whether to establish a Scottish Parliament? He may recall that this issue was extremely significant during that campaign. It was then the position of the Labour Party in Scotland to support the yes campaign, although it was accepted that not every member of the party would take that position. Indeed, there was a Labour “vote no” campaign as well.

A party-political broadcast was made by the Labour Party at that time in support of party policy for a yes in the referendum, and was the subject of an interim interdict by the no campaign which resulted in it not being broadcast. I say this with some feeling because I produced and directed the said broadcast, and I thought it was rather good. The late Robin Cook and Mr Brian Wilson successfully secured an interim interdict. I see the noble and learned Lord, Lord Mackay of Clashfern, in his place; perhaps he would be able to elucidate for us whether or not that interim interdict still applies. I still think that that broadcast should be shown.

Lest your Lordships think that this is a fairly abstruse part of the legislation, I say that it is actually a quagmire. There will be differences, perhaps even in the Liberal Democrats, because there are those who do not accept that AV is proportional representation. Perhaps even the Deputy Prime Minister, who sees it as a miserable little compromise, might decide to seek to block any party-political broadcast.

I have two points. First, I say to the Minister that this is not about party-political differences, but about a point of real, practical differences that require attention. Secondly, I am not sure about the differences between English and Scottish law on these matters; I defer to my noble and learned friend Lord Falconer. I can remember some of my colleagues in the Labour Party in England being completely flummoxed by the fact that it was possible to get an interim interdict on a political party for this purpose.

It may be painful for the Minister to cast his mind back that far—as it is occasionally for me; I am just grateful that I can still do it.

[Lord Foulkes of Cumnock]

My noble friend has sent my mind even further back. Was it not the case that she, I and the late John P Mackintosh appeared on a party election broadcast in 1974, when we went rather further in that broadcast than Labour Party policy at the time and committed the party to Scottish devolution? Does that not indicate the power of party election broadcasts?

[Baroness Liddell of Coatdyke]

My noble friend brings back even more painful memories, because also taking part in that election broadcast was Mr Jim Sillars. In fact the late Professor John P Mackintosh, who by coincidence had been my professor at university, actually committed the Labour Party to full tax-raising powers for a Scottish Parliament as well and it took some years to finesse the policy afterwards.

While people probably go and switch on the kettle whenever there is an opportunity to watch a party-political broadcast, I urge your Lordships to take this matter particularly seriously. Seeking and opposing an interim interdict is an extensive and diversionary activity and I urge the coalition to take my noble and learned friend Lord Falconer of Thoroton’s amendment very seriously.

[Lord Soley]

I think that my noble friend should arrange a special showing of that election broadcast in the House; I would like to see what I missed. On a more serious note, I support my noble and learned friend Lord Falconer. He has hit on an important point. It is worth remembering that there are different electoral systems within the UK for different elections, so it needs to be made clear that we are separating out the referendum from the party-political agenda. The second amendment is particularly important in this respect. I would have thought that there was a strong case for the Government simply to accept that amendment, although they may want to reword it. I hope that in due course they will say that the principle that my noble and learned friend on the Front Bench is putting forward is right and ought to be protected.

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[Lord McNally]

This is a piece of legislation for this Parliament. We are in contact with both the Scottish Parliament and the Welsh Assembly but we are bringing this Bill before this Parliament and I suggest we get on and do that.

[Baroness Liddell of Coatdyke]

My Lords, I am not seeking to make this an even more protracted discussion but the intervention of the noble Lord, Lord Snape, took me on another saunter down memory lane. One of the issues that confronted the referendum in 1979 was that some non-political players became involved in it—business leaders and trade union leaders—some of whom put a considerable sum of money into their own personal campaigns, taking on media advisers, et cetera. I am going to ask a question to which I do not know the answer. How would this legislation unscramble that kind of expenditure? You may well have someone intervening in the referendum campaign and, as a side swipe, having a go at a political party that was standing in that election in Scotland. This is about the disentangling of non-political players from the referendum campaign in terms of their expenses and the impact that this might have on the outcome. Sorry, it sounds very convoluted, but I can see it being a nightmare, particularly when election agents have to submit their election expenses.

[Lord McNally]

The Electoral Commission has very clear rules. We have laws about electoral expenses. If there were those kinds of problems that the noble Baroness suggests, I am sure they would be challenged at the time. It might speed things up if people did not preface their interventions by assuring me that they were not trying to delay matters and just got straight into the question.

[Baroness Liddell of Coatdyke]

I am sorry to press the noble Lord further but I know of a scenario in 1979 where some business leaders became involved in the referendum campaign and put considerable sums of money towards it. I can see an actual situation emerging. I will not name the people here but I can think in my head who they would be and who would use it as an opportunity not to take a swipe at my party but to take a swipe at the noble Lord’s party. It is not clear in electoral law how those expenses will be allocated.

[Lord Mackay of Clashfern]

Before the noble Lord seeks to answer that question, this debate has got to a stage where people seem to have forgotten that a statute dealing with referenda was passed by the previous Administration. It deals with all of these questions in considerable detail. There are some additional questions because as time has gone on more difficulties have emerged—for example, in relation to the internet—but there are already considerable provisions in the law about that. It is important to remember that this debate should be about this particular Bill and its particular circumstances.

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[Lord Glentoran]

I just wonder if the biggest lump of money that has interfered with elections over many years has been that of the large trade unions. They come together as a bulk with a huge amount of money, bigger than that of any individual.

[Baroness Liddell of Coatdyke]

Could the noble Lord address something very specific that I suspect will happen? If a wealthy person domiciled in Monaco buys up all the billboards in Scotland for example as part of his or her campaign for or against the question in the referendum, what means are there of accounting for it one way or another? Is there a transparent way that it can be accounted for as the noble Lords, Lord Howarth and Lord Campbell-Savours, have asked? It is not a mischievous question—it is an issue that could arise.

[Lord McNally]

Such expenditure would have to be reported to the Electoral Commission, and it would then be published. Actually, I will not bother with this advice. I have every confidence in my advisers but this would provoke another 10 interventions.

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[Lord Rennard]

Does the Minister agree that the referendums for setting up the Scottish Parliament and the Welsh Assembly were conducted within five months of the general election in 1997 and that no such problems occurred during the course of those campaigns? Furthermore, since the Political Parties, Election and Referendums Act 2000 has been in place, we conducted the referendum for the north-east regional assembly, again without any of these problems occurring. Noble Lords in the party opposite introduced these rules in 2000. They have survived to 2010 without there being any attempt to change them. The evidence of the north-east regional assembly referendum campaign is that no such problems arose.

[Baroness Liddell of Coatdyke]

Will the noble Lord also take into account the fact that a general election was not held on the same day?

[Lord McNally]

I have taken all those points in. Fortunately—and to my great pride—I do not remember some of the minutiae of the various campaigns in the same detail as my noble friend Lord Rennard. The Opposition can raise all kinds of hobgoblins and things that keep them awake at night but the truth is, as my noble friend has just reminded us, that the PPERA has worked well. The provisions in this Bill are tried and tested. I do not object to this legislation having thorough examination. As I have said, we are willing to spend as long as the Opposition want on this matter. In fact, we might have a few late nights to see if we can focus our minds on it. For the moment we are confident that we have the legislation in place. I ask the noble Lord to withdraw his amendment and for Clause 6 to stand part of the Bill.

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[Lord Bach]

The Minister is being unfair to himself. The Lord President of the Council was hardly seen in the House of Commons while the Bill went through it. I think that he moved the Second Reading and did not appear again until Report. But we are seeing a great deal of the noble Lord, which is of course always a huge pleasure.

[Baroness Liddell of Coatdyke]

I am a bit confused about something that the Minister said about the territorial responsibilities of the Lord President. Having been a Secretary of State for Scotland, I am not absolutely clear that that is the position. It might be helpful if the Minister could seek greater clarity from his inestimable advisers.

[Lord McNally]

This is about the Lord President’s territorial responsibilities. With the ability of my friends opposite to become confused, I should never have intervened again. I am sorry, for it was a very bad mistake as the noble Lord was just about to withdraw.