Parliamentary Voting System and Constituencies Bill Debate
Full Debate: Read Full DebateBernard Jenkin
Main Page: Bernard Jenkin (Conservative - Harwich and North Essex)Department Debates - View all Bernard Jenkin's debates with the Cabinet Office
(14 years ago)
Commons ChamberThe hon. Lady makes her point well; I will add no more, other than to thank her for that intervention.
The amendment tabled in my name and those of my hon. Friends seeks to correct the huge error that has been made and to enable a day to be found, with the Electoral Commission taking the lead, so that the referendum can take place on a date on which no other election to a Parliament or Assembly in the United Kingdom is to be held. To that end, it seeks respect and consultation between the UK’s parliamentary and Assembly institutions. I have not prescribed a specific date, but have specified a time frame within which a referendum could take place. That would enable everything to occur and the process to be completed before the next UK election, which was alluded to during the programme motion debate.
My thinking in framing the amendment was to avoid being prescriptive and repeating the Deputy Prime Minister’s error of finding a date and arguing for it, regardless of what else might be happening on that date. My main motivation has been to respect already established processes and elections by finding another day, consensually and with respect for all by all. I do not, however, rule out supporting other amendments through a mechanism of mutual support.
I move the amendment because, although this issue is important—the Committee would not be discussing it if it was not—it is not as important as the range of policy choices to be made in Scotland and the re-election of an SNP Government on 5 May 2011.
I rise to move amendment 4, which was tabled in my name and those of my colleagues and which is associated with amendments 5 and 6.
Order. I must advise the hon. Gentleman that he cannot move his amendment. He can speak to it, but he cannot move it.
I am grateful for the correction. My mistake reflects a gross lack of experience in this place, for which I apologise. I will vote on my amendments if I get the opportunity, but I will also support the amendment that has just been moved in the name of the nationalists.
I appreciate that, following the heated discussion about this issue during the summer, we are less likely to win this vote. Early-day motion 613 attracted a large number of signatures, including those of some 40 or 45 Conservative Members, some of whom have been made Parliamentary Private Secretaries, with one being given the deputy chairmanship of the Conservative party. Other promises have no doubt been made and career-ending threats have certainly been delivered. I wonder what would happen to the date of this referendum if there was a free vote, but that is clearly not going to happen.
May I express extreme disappointment that, as one of the people who signed the early-day motion, no offers have been made to me whatsoever?
My hon. Friend should call that freedom. It is surprising that this has turned out to be a matter of such extreme importance to the coalition. The question is not whether the yes or no campaign will do better on this or that date—some people profess to know, but I confess that I do not—but why the Government think it is in the national interest or, dare I say it, in their interest to have the referendum on that particular date, and why it is so important to this Government. The only explanation that we have been given so far relates to money, but, considering the scale of the national deficit, I regard £30 million as more of an excuse than a reason. It is rather like the schoolboy whose excuse that he was late for school because he missed the bus does not exactly explain why he missed the bus.
There might be a perceived advantage for the yes campaign in having an early date before the Government incur too much disapproval from voters in relation to the difficult decisions that have to be made about the deficit. The yes campaign might perceive an advantage from a higher turnout, although the NO2AV campaign disputes that. The yes campaign might perceive an advantage in confusion and ignorance, because there is bound to be more confusion and ignorance about the substance of the issue, which I will address later in my remarks, if the polls are combined.
The hon. Gentleman stated that, if there was a free vote, his amendment would almost certainly be agreed to. Does he agree that, if there was a free vote, there would not be a referendum?
That is outside the purview of my amendment.
There might be a perceived advantage to the yes campaign, which the Deputy Prime Minister is pursuing, or to the coalition. There is a risk of a serious collapse in Liberal Democrat support at next year’s local Scottish and Welsh elections, but it would be of advantage to the Liberal Democrats to have the enticement of the referendum on the reform of the electoral system to encourage their activists to press their voters out to vote. I might be wrong—I will stand corrected if I am—but we have not had an explanation. Either way, it is wrong in principle that the Executive should seek to use elections to influence the outcome of a referendum on an important constitutional question, or that they should use the referendum to influence the outcome of elections.
Amendment 4, which is in my name and that of my right hon. and hon. Friends, is similar to amendment 155—the Scottish National party proposal. It provides for an order whereby the Government can choose any date that does not coincide with a poll that is regularly held for parliamentary, Assembly or local government elections. In addition, it proposes—this is important—that the referendum is held
“at least six months after the commencement of the referendum period”.
As I mentioned, the Electoral Commission made it clear that it will press for a deferment of the referendum if the rules of the referendum are not clear on a six-month time frame from the proposed date. In fact, the referendum period should count, because it restricts what people can spend and what Ministers can say or announce to promote a particular viewpoint, which might distort the result. The six-month period provides the framework of discipline that provides the fairness of the referendum. Unless we have a six-month referendum period, which is not possible if we do not change the date, we are tempting providence that there will be an unfair referendum.
Is the hon. Gentleman any clearer on the Government’s intentions if the House of Lords makes a significant amendment on the timing of the referendum?
I have had no indication what would happen in that situation. I assume that the Government would accept such an amendment, because they cannot afford to delay the Bill. I would point to other amendments in the group that refer to the referendum period and are consequential on it.
The real reason for avoiding the combination of polls with referendums is fairness. Whatever the merits of combining referendums with elections throughout the referendum constituency, all voters should at least be treated the same. It is obvious from the date on the table at the moment that voters are being treated differently in different parts of the country.
When the then Prime Minister, Mr Blair, was contemplating holding a referendum on the euro on the same day as Welsh and Scottish elections, Professor Larry LeDuc, one of the world’s leading referendum academics, made it clear that he could not recall one similar case of such differential treatment of a referendum electorate. I challenge anyone to find an example of a serious country putting a serious decision to its people in a referendum when there is such different treatment of electors.
Professor LeDuc thought that the UK proposal was probably unique and volunteered this opinion:
“The effects…would not be uniform across the country. It would likely produce considerable distortion with regard to turnout, the nature of the campaign, and a variety of other matters that might be difficult to determine in advance. The referendum, if it occurs, would be a different sort of political event in England than it would be in Scotland, Wales and Northern Ireland. I can’t think of a case parallel to that anywhere else.”
There is an obvious reason for that. In the United States, where it is common practice to combine referendums with a series of elections, there is a system by which almost all elections are held on the same day in all states. That situation does not exist here. Parts of our country have devolved Assemblies and others do not.
We have come to a strange pass when Liberal Democrats hold the United States up as a model of democracy. Another point is that the United States has not changed its voting system. It has used the one it inherited from this place: the plain, straightforward, vanilla, winner-takes-all system. Perhaps that is why US democracy works so well. In fact, I do not know any academic authority that would hold up the US as a model of running referendums, and I will come back to that in a moment.
Does the hon. Gentleman accept that politicians might discuss public spending cuts rather than the referendum? There will be a disconnect, because the BBC, for example, might broadcast news only on the referendum, but the battle on the ground will be completely different. That will also skew the result.
If I may, I will come to the question of broadcasting balance when I have dealt with campaign confusion.
The commission stated:
“The issue surrounding different political parties campaigning together (referendum) and against each other (elections) may also cause confusion, and consequent disinterest (even hostility), among voters.”
On reflection, perhaps the yes campaign wants hostility. Let us face it: that campaign wants a plague on all our houses, and to change the system at a stroke to reflect the hostility that people feel towards this place. I am sure that the yes campaign will seek to press that button.
My hon. Friend mentioned the Electoral Commission. Given the commission’s role in overseeing the AV referendum, is he concerned about the fact that the chair of the commission, Jenny Watson, used to work for Charter 88, which is a pro-European lobby group?
When my hon. Friend says “pro-European,” I think he means pro-electoral reform. I have no such concerns; I have the highest respect for Jenny Watson. I think that, because of her previous position, she will want to be seen to be as impartial as possible. It is a natural concern, but people would be wrong to draw that conclusion from her conduct in office.
I draw the hon. Gentleman’s attention to the submission to the Scottish Affairs Committee from Fairer Votes, the pro-PR campaign in Scotland, which has also argued for holding the referendum on a different day. Even those in favour of AV do not support the proposed date.
The date of 5 May 2011 is losing friends very quickly.
The Electoral Commission argues that the environment in which voters live may influence voting patterns. Voters in Scotland, Northern Ireland and Wales would be
“subject to more intensive and varied campaigning than the electorate in England (in a nationwide referendum)…Certain parts of the electorate may feel that they are less well informed about the referendum issue than in other parts of the country. Conversely, they may feel that they are not as well informed about the national and/or local elections.”
Those are all reasons why confusion could be generated in a referendum.
Perhaps the most important consideration is broadcasting transparency. The Electoral Commission also recognised that
“the requirement to present balanced reporting of elections and a referendum is an especially difficult issue to manage when holding combined polls. Distinguishing between election and referendum campaign activities will be extremely difficult, if not impossible in some instances…These issues may have a negative effect on voter awareness; it will also make the monitoring of broadcasting (and campaign expenses) more difficult.”
The then BBC chief political adviser said in February 2002 that she had met Helen Liddell, the then Secretary of State for Scotland, and Jack McConnell, the then First Minister, and that she had
“made my views very clear to the politicians and the BBC…it was a bad move…condescending to Scotland, Wales and Northern Ireland…it would put broadcasters in an impossible position”.
It is not difficult to see why. How many parties in the Scottish elections will broadly support changing the voting system? It may be two, three, four or even none. But how many will be on the other side of the argument? How can a programme that has a panel of guests to talk about the election and the referendum possibly be balanced? How can the BBC achieve balance and transparency on the referendum issue at the same time as it does so on the Scottish elections?
I am listening to my hon. Friend’s speech with great interest. He questions the ability of the media to construct a panel in such circumstances. We often say that we want local issues, rather than national issues, to dominate local elections, but the national perspective can be focused very much on a single issue, as in this case, and it is surely not beyond the wit of broadcasters to sort the matter out—including those in the BBC, who are paid considerable sums to do so.
I am merely quoting the former chief political adviser to the BBC who said that it would put broadcasters in an impossible position. My hon. Friend’s argument is with her, not me.
Broadcasters are especially important in referendums and elections. Viewers may not be generally aware of the obligation for broadcasters—unlike newspapers—to provide balanced coverage, but they accord respect to broadcast programmes reflecting that obligation. Using the BBC as a proxy for the centralism of British broadcasting, it is worth reflecting that only 3% of the output across seven BBC networks broadcast to the whole of Britain comes from Scotland, Wales and Northern Ireland, where 17% of the audience live. Those figures may be out of date but that does not invalidate the substance of the point.
Viewers in Scotland will see the AV referendum on the UK news with little or no news of the Scottish election. Coverage of the Scottish elections will therefore be more in the hands of the press, who are not bound by the requirements of balance. This tension in the structure of broadcasting proved politically controversial in April 1995 when the BBC in London scheduled an extended edition of “Panorama” with an interview with the then Prime Minister John Major. Unfortunately, that was only three days before the Scottish elections. After a court action, Lord Abernethy, later backed by Lord Hope, Lord Murray and Lord McCluskey, granted an injunction banning transmission in Scotland so as to ensure fair coverage of the elections there. How would it be possible for any programme about the referendum transmitted in London to be banned in the same way if it were thought that it might distort the coverage of the elections in Scotland?
It goes without saying that the AV referendum will be heavily covered by the broadcasters in London, where there will be no elections at the time—not even local ones. The Ladbroke Grove set will therefore be obsessed with the referendum and not very interested in anything else. I cannot see how a business of the size and complexity of the BBC can balance all these issues so as to provide fair coverage.
The Electoral Commission also mentioned respect for devolved institutions. I was an opponent of devolution, but we now have a Scottish Parliament that reflects the sovereign will of the sovereign Scottish people. I am afraid that the suggestion from my hon. Friend the Member for Milton Keynes South (Iain Stewart)—an English Member, albeit with an impeccable Scottish lineage and a lovely Scottish accent—that we could tell the Scottish Parliament to move its elections, because we are more important, is not a very Unionist sentiment. It is bound to cause exactly the kind of resentment and mistrust between the Westminster Parliament and the Scottish Parliament that surely we want to avoid—so the Scottish nationalists would probably love it.
The Electoral Commission concluded its now famous press release from July 2002 by stating:
“Referendums on fundamental issues of national importance should be considered in isolation”.
As a coda to that account, I shall turn briefly to the arguments advanced by the commission today. It says that it has based its decision to reverse its position on the date on the available research, including from countries where combining referendums with other polls is commonplace. In the US, for example, the big concern about combined elections is that people have so many ballot papers to deal with at a time that they vote in the elections but not in the referendums. That system is therefore not necessarily a guarantee of turnout and the US is not a great model for the good conduct of referendums.
The commission cites the US, Australia, Ireland and several European countries, including Switzerland and Finland. However, the commission has ignored the fact that Australia has compulsory voting, so turnout is hardly an issue. We can therefore dismiss that argument. Finland is an interesting example. I was forwarded an e-mail from Dr Maija Setälä who is a research fellow in the political science department of the university of Turku. She says:
“The UK electoral commission is absolutely wrong; we have had two national referendums: one in 1931 on prohibition law and another one in 1994 on the EU accession. Both were initiated by the parliamentary majority. Both of these referendums were advisory. So, Finland is about as active in using referendums as the UK.”
In fact, we have more experience of using referendums than Finland. For the Electoral Commission even to mention Finland as an example that we should follow, when it has had so little experience of referendums, underlines the lack of quality in its research.
The Electoral Commission paper, which went along with what the Government wanted, reflects a distinct lack of consultation outside the commission until the date was already decided on. The people in the BBC whom I personally addressed on this question said, “Well, we don’t really want to pick a fight with the Government, because we have our own battles to fight with them.” To expect the BBC to weigh in against the Government’s date was perhaps a little optimistic of me, but I had to try. The quality of the commission’s consultation and research has been lacking, which probably reflects the fact that most of its people have changed since 1992. However, the fundamental point about the paper is that it does not address substantively any of the arguments advanced in 2002 in favour of separate polls.
Would the electorate really want to come out and vote twice on an issue, when they could get it over with in one day?
Has my hon. Friend not just revealed the truth of his position, which is that he has constructed a very elegant, beautifully researched and fascinating argument for a position that I do not think he really holds? His real position is that he does not want a referendum at all, because he does not want AV and thinks that we might lose the referendum. I agree with him on AV—I do not want it either—but I think he lacks confidence in the first-past-the-post system and our party’s ability, and that of many supporters on the Labour Benches, such as the right hon. Member for Derby South (Margaret Beckett), who made a fantastic speech in support of first past the post, to win the argument. He has therefore constructed this elaborate mechanism to make an argument that he does not really buy.
I am rather touched—I have never been accused of lacking confidence before. I think that the NO2AV campaign will win whatever the date, and I have every confidence that AV will be trashed at the polls. However, I do not think that my hon. Friend has been listening to my point. The question is not whether the date should be moved for the convenience of the yes or no campaigns; it is an issue of principle. If we believe in direct democracy, as I do, we should want the issues addressed in a referendum to be separated and—as the Electoral Commission used to put it—elevated above the party political battle, so that the British people have a fair and uncluttered opportunity to understand those issues. I hope, therefore, that the Committee will support either the amendment in the name of the nationalists or, failing that, the amendment that I will move later.
I pay tribute to the serious contributions made in the first few speeches. Even if things do not turn out how those hon. Members would like this evening, I am sure that colleagues in the other place will read their speeches with great interest when they come to decide on the future of this Bill.
I relish my new role and the prospect of working with the coalition Government and, in particular, with the Deputy Prime Minister and the Parliamentary Secretary, both of whom are clearly committed to an agenda of reforming the Government’s political programme and strengthening our democracy. However, I am disappointed that the Deputy Prime Minister is not here. I appreciate that he has other important things to do, but it is ironic—this draws on a point made by the hon. Member for Grantham and Stamford (Nick Boles)—that the biggest proponent and advocate of the alternative vote is not here to talk about it.
The hon. Member for Harwich and North Essex (Mr Jenkin) is right that the burden should be on those of us who want AV to prove the case to the British people, first, that they should be motivated sufficiently to turn out on a separate date and vote on AV and, secondly, that they should vote yes in the referendum. I am disappointed, therefore, that the Deputy Prime Minister is not here. He is the great reformer, and his not being here sends, I am afraid, all the wrong messages to those of us who want to join him in changing how we vote in the House of Commons.
I am surprised that my hon. Friend has made that argument, because he is a doughty defender of freedom and democratic rights. Everybody in this country—in all the countries that make up this country— will have an identical democratic right to cast their vote in the referendum or not. We should not judge whether they want to or whether the campaigns will motivate them to. We already have differential turnout across general elections. So long as people have an identical right, it is all that matters.
I have detained hon. Members for far too long—
I am most grateful to my hon. Friend for making this speech, because it is illuminating. We have the new politics, and I think that we are hearing the new elitism: we do not mind how ill informed electors may be or how difficult it is for ordinary electors to hear a clear argument—it does not matter, because we know that they are not interested and that we will just do what we want. Is my hon. Friend not describing that new elitism?
I defer to my hon. Friend on elitism, a subject on which he is a great expert. However, calling people “ordinary”, and saying that if they do not have four weeks of a constant barrage of information on a particular subject they will be ill informed sounds pretty elitist to me.
My hon. Friend the Member for Grantham and Stamford (Nick Boles), who does not appear to be present at the moment, said that he might be the only speaker for the Government. Fortunately my hon. Friend the Member for Ceredigion (Mr Williams) chipped in with some additional support. I can reassure him and, indeed, the Chief Whip that I too intend to speak on behalf of the Government.
All the amendments seek to delay the date on which the referendum takes place, either proposing a specific alternative or suggesting a mechanism enabling the date to be determined later. Some, including amendments 4 and 126, are intended to prevent the combination of the referendum with other polls.
I am aware of the concerns that have been expressed about the combination of the polls next May, but they ignore the fact that it is not unusual to combine elections. Many of us, either this year or in 2005, were elected at a general election, determining who would govern the country, on a day on which people were voting in other elections. I therefore do not think it reasonable to suggest that people are not capable of making decisions about various levels of government and voting on referendums on the same day.
I am reluctant to intervene so early in my hon. Friend’s speech. However, I think that there can be a justification for combining different elections on the same day, simply because the political parties are likely to be fighting analogous campaigns in those elections. The difference between that and combining a referendum with an election is that the referendum issue is, or should be—as the Electoral Commission suggested in 2002—elevated above party politics. It is rather more difficult to elevate the debate about the referendum issue above party politics if those taking part in referendum campaigns are taking part in party political election campaigns at the same time. The hon. Member for Foyle (Mark Durkan) made that point extremely well.
I am not sure that I agree with my hon. Friend that parties campaign on the same issues. In 2005, when elections to Gloucestershire county council were taking place and I was also fighting a general election, we were campaigning on very different issues. We were campaigning on national issues for the purposes of the general election, but on specific local issues for the purposes of the Gloucestershire election.
Our programme for government made a commitment to the public to hold the referendum. We feel that the public have a right to expect that commitment to be delivered promptly, and we believe that holding the referendum on 5 May next year will deliver it.
I do not follow the argument about differential turnouts. Most of the country will vote next year, 84% of the electorate in the United Kingdom and 81% of the electorate in England. It is not true that everyone in England will be faced with other elections, but the vast majority will. A significant amount of money—about £30 million—can be saved for the taxpayer. Although that is not a reason for combining elections, it seems to me that if there is to be a referendum and if there is no other obvious reason why a combination does not make sense, going out of our way to spend an extra £30 million, particularly at a time when money is tight, would be perverse.
The Government’s position is very clear: there is an imperative to get the results of the elections to Parliament, the Assemblies and local councils decided first, because it is important who runs those organisations. The result of the referendum is important, but given that any change will not come in until the next election, the counting of the referendum will take place after the other counts. The Government have made that position clear and it is shared by the Electoral Commission. This might be a little frustrating for those who want the referendum result to be given as early as possible, but it is important that elections are counted first. That was the very clear sense that emerged from the previous Parliament when we debated when the general election count should take place. Results of elections need to be heard first.
My hon. Friend the Member for Harwich and North Essex (Mr Jenkin), who is in his place, referred to the Government’s view of the referendum outcome and gave all sorts of thoughts as to how we had arrived at the date. Of course the Government are neutral about the outcome of the referendum. The two coalition parties are not, but the Government do not have a view. When the Deputy Prime Minister and I were considering the Bill and its details that was the view that we jointly took.
I also do not take my hon. Friend’s view, which we debated a little following his intervention, about treating votes differently. I do not buy the argument that, because some parts of the United Kingdom are voting and some are not, that in some sense treats voters differently. Even voters in the parts of England that do not have other elections next year are perfectly capable of listening to the arguments. They have the same ability to go out to vote as anybody else, and I do not understand this argument about differential turnout that he and other hon. Friends raised.
The Minister is dealing with the House with his customary courtesy. I quoted a leading academic on the subject of referendums, and he could not think of any previous referendum in any other democratic country that was held concurrently with other polls in some parts of the country, while in other parts of the country there were no other elections. Which example are we following? Which example is the Electoral Commission drawing on in support of the idea of concurrent elections? Can he give a single example from anywhere in the world where a referendum has been held at a time when there are elections in some parts of the country but not in others?
Off the top of my head, no, I cannot, but I do not see that that point is at all valid. I do not see that there is any problem with voters being able to make the decisions sensibly. My hon. Friend underrates those whom we ask to vote for us. His point is partly answered if we consider this year’s general election. There was a combination of a general election and local elections in some parts of the United Kingdom, but not everywhere. Some voters voted in more than one election, and some did not. I do not think that that had an impact on the results of either the local elections or the general election. If Members think that the situation meant that the results were illegitimate, that rather impacts on the results of those of us who are Members of this House.
If my hon. Friend studies the focus group research conducted by the Electoral Commission, he will see that what voters found most confusing about the question was the term “alternative vote”. Voters have very little idea what that is. Now the Electoral Commission has told us that it will produce literature explaining what it is to voters, but would it not be better to give the alternative vote system its proper name, which is, in fact, “optional preferential voting with instant run-off”? That would explain exactly what it is, leaving no ambiguity.
That may well be the case, and my hon. Friend and I might find that a very happy outcome, but when the Government drafted the original question we were very clear about the fact—which was confirmed by the Electoral Commission’s research—that it was neutral and not biased. The Government’s position is that we very much want the referendum, but are neutral about the outcome. The two coalition parties are not neutral about it, but the Government are: that is, Ministers are neutral in their capacity as Ministers. I am glad that the commission found that our question was neutral and not biased.
However, my hon. Friend has hit on a good point: the need to ensure that voters know what they are voting on. We thought it important to include in the Bill the details of the specific form of alternative vote that would be brought into effect in the event of a “yes” vote in the referendum. My hon. Friend characterised it correctly as an optional preferential system. No doubt the Electoral Commission will conduct some education in a neutral and unbiased way. The two campaigns will also explain not just the mechanics of the system, but the outcomes and potential impact of introducing it or retaining the existing system. I am convinced that by the end of the campaign, voters will be in no doubt about the consequences, and will therefore be able to make a very clear decision on 5 May next year.