Strategic Defence and Security Review

Bernard Jenkin Excerpts

Tuesday 19th October 2010 Commons Chamber

[The Prime Minister]

I know the hon. Lady has a very strong constituency interest in this matter, and perhaps I can get back to her in greater detail on the refit programme. I can tell her that HMS Ocean will be going into refit. Clearly, as we have explained, the number of frigates and destroyers combined will be coming down to 19. The decision on the future of HMS Ocean and HMS Illustrious will have to be taken on the basis of what is the best platform for the use of helicopters. The best thing is for us, as we go through the details, to tell her more about what I think will be fundamentally good news for both Plymouth and Portsmouth, because we want to keep both naval bases—and keep them busy. The communities there are hugely supportive of our armed forces and give them tremendous backing. I have never believed that it is right to put all our defence eggs into a very small number of bases, as it were, so Portsmouth, Plymouth and Faslane will of course all go ahead.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I commend my right hon. Friend’s determination to adopt a more thoughtful and strategic approach. Has he had a chance to read the Public Administration Committee’s report “Who does UK National Strategy?”, in which the outgoing Chief of the Defence Staff commented that the UK had

“lost an institutionalised capacity for, and culture of, strategic thought”?

Does my right hon. Friend agree that we need a more co-ordinated approach to strategic thinking across Whitehall, and will he adopt the report’s recommendations?

[The Prime Minister]

I absolutely agree with my hon. Friend. That was one of the reasons why yesterday we published the national security strategy separately—so that people could see that the defence review flows from strategic thinking about Britain’s place in the world, about the threats we face and about how we can bring all of the Government together to try to deal with that. The National Security Council and the national security adviser, Peter Ricketts—I pay tribute to him and his team for their work—are working well at bringing the Government together to interrogate the experts and really think about what our strategy should be and what that means for the decisions we have to take. That is much better than a two-way battle between the Ministry of Defence and the Treasury.

Parliamentary Voting System and Constituencies Bill

Bernard Jenkin Excerpts

Monday 18th October 2010 Commons Chamber

[Chris Bryant]

The amendment deals with the simple issue of the role of the Electoral Commission in relation to the referendum next year. While the Bill provides that the commission should take whatever steps it thinks appropriate to promote public awareness of the referendum and how to vote in it, we believe that that should be subject to the agreement of the Speaker’s Committee on the Electoral Commission. I realise that hon. Members may think that that is some strange committee with no proper function and is just a bunch of MPs who want to interfere in the process, but in fact it is laid down in the 2000 Act. It has three ex-officio members—the Deputy Prime Minister, the Speaker and the Chairman of the Political and Constitutional Reform Committee. In addition, a Minister is appointed to the committee by the Prime Minister, in this case the Minister for Housing and Local Government, as well as five other Members—the hon. Member for East Surrey (Mr Gyimah), my right hon. Friend the Member for Manchester, Gorton (Sir Gerald Kaufman), the hon. Member for Belfast East (Naomi Long), my hon. Friend the Member for Houghton and Sunderland South (Bridget Phillipson) and the hon. Member for South West Devon (Mr Streeter). One might call that an eclectic mix, but it represents a broad swathe of opinion on the issue of the referendum as well as many other electoral matters.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Does the hon. Gentleman know which of those members might vote yes in the referendum and which might uphold the current system?

[Chris Bryant]

No, I have not got the faintest idea. I just know that two or even three of them are definite noes. I do not know about the others. My point is that this body is used to considering electoral matters without seeking partisan advantage and to trying to promote a level playing field for all in electoral administration.

The committee has two specific roles, only one of which is material here. The first is in relation to the appointment of commissioners, which is why earlier last week we saw the appointment of new commissioners. In addition, it has a role in analysing the five-year financial plans produced by the Electoral Commission. It is the only point at which Parliament has a say in the financial plans of the commission and one of the issues that will have to be borne in mind is how much should be spent on the information that the commission provides to voters about the referendum. The Speaker’s Committee on the Electoral Commission is therefore an important body to keep informed. The committee also provides an opportunity for a Minister to be directly involved, albeit only as one of the six Members on the committee.

The Electoral Commission has said that it knows that a considerable amount of information will have to be provided. The hon. Member for Harwich and North Essex (Mr Jenkin) knows that I do not share his views on the alternative vote. None the less, we share the view that the information provided should be fair, and it is important that we lay the details down in statute as far as possible to ensure that that happens. The way in which information is presented can inadvertently—and sometimes advertently—be biased. The commission said in its report on a referendum on the UK parliamentary voting system earlier this year:

“Without background information about the different voting systems, many participants in our research found the proposed question problematic.”

We might think that that is because the question is problematic, but the report continues:

“This was because they had almost no understanding of the ‘Alternative Vote’ (AV) system”—

and before the hon. Gentleman gets too excited—

“and very mixed understanding of ‘First Past the Post’ (FPTP).”

The last election in which I took part was last Thursday in Treherbert in the Rhondda where we had a council by-election. It was beautifully precise, because we had just two candidates—a Labour candidate and a Plaid Cymru one. It might appear that that would be easy for people to understand—a straight choice between A and B and one cross in the relevant box. However, there were several spoiled ballot papers because normally people get two votes in local elections in that two-member ward. Some people had voted for both candidates, presumably because they thought the by-election was like the normal elections. I am sure that hon. Members are dying to know who won the by-election. Labour seized the seat from Plaid Cymru with a swing of 10%, so Councillor Luke Bouchard is now the youngest councillor in Wales.

The important point is that voters do not fully understand the current system. They certainly do not understand the alternative vote system very well. However, in order for the Electoral Commission to provide information so that people can have a full understanding, we need a system that includes not only the commission but the weathered eye of some elected politicians, through the Speaker’s committee, which is unbiased and has no particular axe to grind.

I note that the hon. Gentleman and several others have tabled an amendment that would solve the same problem slightly differently. I suggest that the two are not mutually exclusive, although it might be a case of belt and braces. I am keen to hear what he has to say, if he succeeds in catching your eye, Mr Gale. I hope that the Government will want to involve the Speaker’s committee in this process and accept the amendment.

[Mr Jenkin]

Amendment 247 is in my name and of several colleagues, including the hon. Member for Middlesbrough (Sir Stuart Bell). I do not think that that represents any slight on the amendment tabled by the hon. Member for Rhondda (Chris Bryant); it is just that I asked the hon. Member for Middlesbrough to table it with me.

The hon. Member for Rhondda has made the reason behind his amendment clear, and the principal purpose of our amendment is the same. The Electoral Commission has invited us to give it the enormous responsibility of sending out information, during a referendum, about the contentious matter on which voters will be asked to give an opinion. As the hon. Gentleman said, these are difficult issues to understand. Even the current voting system, to be called first past the post in the ballot question, is difficult for some voters to understand. That underlines the no campaign’s view that it should have been called the current system. As a more neutral description, that might have been better and more intelligible. These are subjective judgments, but the commission decided not to accept that suggestion. It also declined to accept our suggestion that the new system should be called the optional preferential voting system with instant run-off, which explains in more detail what it actually is. We are therefore left with some difficulty in explaining the systems.

Amendment 247 would provide that unless both the yes and the no campaigns are satisfied that the information being sent out is completely neutral, they should have the right of veto over it. That would be completely fair and equal, and would provide a safety valve, because there would be no possibility of information going out about which one campaign could cry foul.

--- Later in debate ---

[Mark Durkan (Foyle) (SDLP)]

I have reservations about amendment 136. I fully understand the spirit in which the hon. Member for Rhondda (Chris Bryant) argued for it, but I have concerns about requiring the agreement of the Speaker’s committee on the Electoral Commission. Would the committee have to agree on absolutely every bit of material, therefore having some sort of editorial control, with only their imprimatur and nihil obstat determining what goes? I am not sure that it would not put the committee in a potentially invidious position—indeed, hon. Members have already asked questions about what side of the argument the committee members are on. The safeguard that the amendment is trying to achieve might turn out to be more complicated and hazardous.

I prefer amendment 136 to amendment 247, however, because the latter would basically create not a difficult position for MPs sitting on the Speaker’s Committee, but an absolute veto by one campaign on the work of the Electoral Commission and indeed on the seemly and properly informed conduct of the entire referendum. To give each campaign an outright veto would be to give it too tempting an opportunity. Some of us come from territories where we are used to vetoes lying around the place, and they do not usually stay there as unused ornaments; they end up being used deliberately, effectively and destructively.

[Mr Jenkin]

The effect of my amendment is clear. It states:

“The Electoral Commission shall not issue any explanatory documents to persons entitled to vote in the referendum”

unless agreed by both campaigns. It is very clear. It would not prevent the Electoral Commission from carrying out its other work.

[Mark Durkan]

We are being told that no explanatory documents will be issued unless they have been approved by both campaigns. It could easily be in the interest of one campaign—for instance, a campaign saying, “We probably should not even be having the referendum anyway because it is not necessary”—simply to object. In such an event, no explanatory information could be issued, and then the conduct of the referendum would be seriously and fundamentally compromised.

Some of us have experience of seeing how referendums have been conducted in other jurisdictions.

[Mr Jenkin]

The yes and no campaigns will receive considerable public funds and will have a free mailshot. Each will explain the voting systems in its own way. That is a perfectly fair way of conducting a referendum. After all, at general elections, we do not ask an authority to explain the issues of the day to the British people; we let the British people make up their minds on the basis of what the political parties send out. That is the conventional way of running a referendum.

[Mark Durkan]

I will give the example of referendums conducted in the south of Ireland. The Referendum Commission has clearly gained some experience in how to manage the dissemination of information and how to deal with the various claims that emerge from different campaigns—and it has had to do that authoritatively and effectively. There are lessons to be learned from the Irish experience about how this referendum can be conducted. I would have a difficulty with putting absolute control over the Electoral Commission’s role in the hands of either campaign.

--- Later in debate ---

[Mr Jenkin]

Let me apprise my right hon. Friend of an example of just such a problem. I have seen the Electoral Commission asked whether it is true that a candidate has to get 50% of the vote to win under the alternative vote system. The Electoral Commission immediately replied that this was a subjective judgment and that it would not get dragged into the evaluation of the two systems, but how then could it describe the system? It is either correct that a candidate needs more than 50% of the votes to win or it is not, so what is the Electoral Commission going to say? Will it decline to inform the voters about the very nature of the system in order to avoid controversy? If so, it might as well not put out any information at all.

[Mr Redwood]

I agree, and the conclusion is just that: the Electoral Commission should not put out information because that might drag it into the debate. The whole purpose of testing a proposition in a referendum or testing candidates in an election is to allow a free exchange of ideas and views. The two campaigns will, of course, be heavily involved, but there will also be lots of other people, institutions, media representatives and newspapers claiming to be doing impartial analysis on the claims of the two sides. Some of them might even do something that gets close to being an impartial analysis of the claims of the two sides, but they will all discover, as we saw in the last general election, that having something that everybody regards as impartial is an impossibility.

The issue behind this debate may be for the political classes only. I do not think that it is the subject of much discussion in the pubs, clubs or schools of Wokingham, for example, but it is of passionate interest to the political classes. A large number of people now earn their living out of politics one way or another, and they will be watching every word and every sign, in every part of the referendum campaign, to see how it is going and whether it is fair.

I do not think that the Minister is about to give ground on the non-Government amendments in this group. I would therefore urge him to say to the Electoral Commission, ex cathedra, from his pulpit, “We love you dearly. We wish you to be impartial. Hesitate, hesitate and hesitate again before you start to make statements about this highly charged territory.” While there may be 40 million people out there who are not much moved by this subject, there are another 1 million or 2 million who are very moved by it—whose livelihoods depend on it or who are preoccupied by it—who will be watching every word. It will be extremely difficult to come up with that perfect, impartial prose that even describes the system, let alone avoids the obvious pitfall of wandering into opinion. There is nothing more annoying in the heat of an election campaign than for someone to claim impartiality, but then to say something critical of one’s own position, which is what happened in the last general election.

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[Mr Harper]

If the right hon. Gentleman would allow me to make further progress in my response to what I thought were the wise words of my right hon. Friend the Member for Wokingham (Mr Redwood), he would understand the terms of the advice that I would put to the Electoral Commission, which I suspect it would work out for itself, too. I suspect that it would not be tempted down that path. If the right hon. Gentleman does not think that I have answered his question, he is welcome to intervene again.

Amendment 136, moved by the hon. Member for Rhondda (Chris Bryant), deals with the Speaker’s Committee, but I am not at all convinced that that is the right body to be involved here. The Electoral Commission has already presented its plans for public awareness and costs to the Speaker’s Committee, supplying it with information, but given that the Speaker’s Committee is made up of politicians, I am not entirely certain that it is the most appropriate body. When it was said earlier that its views about this particular campaign were not clear, it reinforced the point that it might not be the right body to be involved. Given that two members of the Committee are Ministers, it is difficult to see whether they would be acting in their position as Ministers—the Deputy Prime Minister is an ex officio member, although the Government are neutral about the result of the referendum—or as protagonists. The two Ministers involved have their own views, so I fear that this might drag the Speaker’s Committee into the debate. Hon. Members have already warned of the dangers of bringing the Electoral Commission directly into the debate, so this provides an example of a similar danger.

[Mr Jenkin]

My hon. Friend is making a very strong argument for the Electoral Commission not to put out any information at all. If the Speaker’s Committee is fit to appoint the Electoral Commission, surely it is a fit body to hold it to account. Otherwise, to whom is the Electoral Commission accountable?

[Mr Harper]

If my hon. Friend waits until I have developed my remarks further, he might be a little happier.

If we are to allow the Electoral Commission to publish some information—I shall come on to the details later—we must allow it to be flexible, so putting in these extra hurdles is not sensible. The commission already produces lots of guidance—admittedly not perhaps in such charged circumstances—without any sort of approval, and it works fairly well.

Amendment 247 starts from the laudable assumption that we want to ensure that information provided to voters in the referendum—and most certainly if it is provided by the Electoral Commission—is neutral and fair. I fear, however, that it might have an unforeseen consequence by preventing the Electoral Commission from publishing information or giving the yes and no sides a veto in the 28 days before votes are cast. It might encourage the Electoral Commission to publish information earlier than that, which I do not think would be particularly helpful for voters—effectively stopping the publication of information during what voters would perceive as the campaign period. The hon. Member for Foyle (Mark Durkan) made a good point when he said that giving either player on the pitch an effective veto might be a recipe for grief and mischief.

I know that my hon. Friend the Member for Harwich and North Essex has anticipated my next argument and tried to clear it out of the way. When asked about the neutrality of the Electoral Commission last week, he said that he had “the highest respect” for Jenny Watson and that

“because of her previous position, she will want to be seen to be as impartial as possible”.—[Official Report, 12 October 2010; Vol. 516, c. 204.]

I think that is correct.

I strongly suspect that when the commission considers what factual information it is going to publish in practice, it will come to the same conclusion as the Government. Before Second Reading, the Government published a short factsheet, which we placed in the Library. It was on the first-past-the-post system—for want of a better description—and the alternative vote. Although the two Ministers involved have a difference of opinion on the outcome of the referendum, we were very clear that the Government document needed to be neutral. The amount of information that can be produced on the two voting systems—the current one and the proposed new system—without being drawn into their merits, is very limited. That is why we ended up producing a factual and neutral document, not a very comprehensive one, which we have placed in the Library. I suspect that the Electoral Commission will reach the same conclusion. My right hon. Friend the Member for Wokingham thus made a good point, and, as I say, I believe that the commission will reach the same conclusion.

That is not to say that there is no value in producing the information. Research done earlier into the question that should be asked revealed that a number of members of the public did not understand terms such as “House of Commons” and “Parliament”—even basic information like that. We might consider providing such information unnecessary, but it might be of great use to enable voters to make a decision. A great deal of information that is neutral and factual can help to get voters up to a level that we would take for granted, without trespassing on the merits of the arguments behind the two voting systems.

[Mr Jenkin]

Can we therefore put my hon. Friend’s neutrality to the test? Is it true that under the alternative vote system, no one can get elected without obtaining more than 50% of the votes?

[Mr Harper]

I will give a brief answer, as Mr Gale will tell me off if I stray too far from the amendments and we will debate this issue again when we get to clause 7. Someone can be elected. One has to have 50% of the votes remaining in the count at that stage. Under our system, which is optional preferential, voters do not have to express a preference. If a significant number do not express a preference for candidates, someone could get elected without having 50% of the votes cast in the first place, but they do have to have 50% of those remaining in the count. That is a very simple, straightforward, factual answer, and I am sure that my hon. Friend will probe me on it further when we debate clause 7 and the mechanics of the system that we plan to introduce.

Parliamentary Voting System and Constituencies Bill (Programme) (No. 2)

Bernard Jenkin Excerpts

Tuesday 12th October 2010 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I, too, will vote against this guillotine motion if the House divides, but I plead with hon. and right hon. Members not to divide the House, because we need to get on with discussing this Bill. I commend the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), and the Front-Bench team for giving a reasonable amount of time to this Bill, but it is important that I should make three brief observations.

First, I say to the hon. Member for Rhondda (Chris Bryant) that we are all steeped in hypocrisy in the way in which we protest against guillotines and then find ourselves voting for them when we sit on the Government Benches. He did that and I dare say that I too will do so from time to time. Secondly, the approach being taken is the old way of doing things. We look forward to these arrangements being governed by a business Committee of the whole House, which reflects the interests of the whole House and will ensure that these things are discussed as a broad consensus in the House would want them discussed, rather than how those on the Treasury Bench see fit.

My third observation is that this is an important matter, because as we will discover—both those of us who have been through this process before and new Members—the disadvantage of having a knife fall in the middle of detailed discussions on a Bill of this nature is that we will discover things that may not have occurred to more than one Member in this House. Yet those arguments and discussions will be cut down in their prime.

I just hope that those on the Treasury Bench have considered the consequence of there being too many such occasions: it will whet the appetite of the other place. Time saved in this House may result in time added to scrutiny of the Bill in the other place. I urge those on the Treasury Bench seriously to keep under review the possibility of extending the time for debate on the Bill. I commend the Minister for saying that he will keep the matter under review. If he really wants to save time, the best way of saving time in the other place is for us to scrutinise the Bill properly. If we feel that our discussion has been cut short, we will encourage the other place to take whatever time is necessary.

The Electoral Commission has made it clear that unless the rules of the forthcoming referendum are settled six months before the referendum date, it will not support the referendum date of 5 May 2011. There is no possibility of the Bill completing all its stages by 5 November, so it is putting itself in a position in which it has to make a judgment on whether the clauses relating to the referendum are sufficiently settled before the Bill has completed its parliamentary stages and received Royal Assent.

I remember repeatedly saying in opposition that we should not amend the constitution in haste and should not gerrymander the constitution for the convenience of the governing party, yet I fear that the guillotine motion reflects that that is exactly what is happening. For that reason, if the House divides—I hope that it will not—I will vote against the guillotine motion.

Parliamentary Voting System and Constituencies Bill

Bernard Jenkin Excerpts

Tuesday 12th October 2010 Commons Chamber

[Mr MacNeil]

The 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.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

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.

[The Temporary Chair (Mr Jim Hood)]

Order. I must advise the hon. Gentleman that he cannot move his amendment. He can speak to it, but he cannot move it.

[Mr Jenkin]

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.

[Dr Julian Lewis (New Forest East) (Con)]

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?

[Mr Jenkin]

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.

[Graham Stringer (Blackley and Broughton) (Lab)]

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?

[Mr Jenkin]

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.

[Tristram Hunt (Stoke-on-Trent Central) (Lab)]

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?

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[Mr Jenkin]

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.”

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

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.

[Mr Jenkin]

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.

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[Mr Weir]

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.

[Mr Jenkin]

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.

[Andrew Griffiths (Burton) (Con)]

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?

[Mr Jenkin]

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.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

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.

[Mr Jenkin]

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?

[Richard Fuller (Bedford) (Con)]

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.

[Mr Jenkin]

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.

--- Later in debate ---

[Justin Tomlinson]

Would the electorate really want to come out and vote twice on an issue, when they could get it over with in one day?

[Mr Jenkin]

If we were really keen on reflecting what the electorate of this country want, we would not give them a referendum at all, because I do not think they want one. [Hon. Members: “Europe!”] In the interests of coalition unity, let us not go there—I think that is the expression.

[Nick Boles (Grantham and Stamford) (Con)]

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.

[Mr Jenkin]

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.

[Sadiq Khan (Tooting) (Lab)]

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.

--- Later in debate ---

[Nick Boles]

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—

[Mr Jenkin]

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?

[Nick Boles]

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.

--- Later in debate ---

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

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.

[Mr Jenkin]

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.

[Mr Harper]

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.

--- Later in debate ---

[Mr Harper]

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.

[Mr Jenkin]

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?

[Mr Harper]

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.

--- Later in debate ---

The proposal for a two-sentence question, rather than the one-sentence question proposed by the Government, was based on evidence from the commission’s public opinion research, which involved focus groups and interviews with members of the public as well as input from experts on plain language. The redraft avoids some of the slightly complex language in the original question, abbreviates some of the terminology, and splits the one long sentence in the original into two shorter ones.

[Mr Jenkin]

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.

[Mr Harper]

I expected my hon. Friend to make the point that he has just made, because I have seen his amendment to that effect. Although what he says is accurate, I do not think that putting the question in that way would lead to an improvement—

[Mr Jenkin]

It might put people off.

[Mr Harper]

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.

Fixed-term Parliaments Bill

Bernard Jenkin Excerpts

Monday 13th September 2010 Commons Chamber

[The Deputy Prime Minister]

It is not in the Bill, but it is a consequence of it. If we have fixed-term Parliaments, we need to revisit the way in which Sessions are organised.

We must retain flexibility on an exceptional basis, allowing us to deal with unexpected crises or conditions that make it necessary to move the election—for example, a repeat of the foot and mouth crisis, which led to the postponement of elections in 2001. In such circumstances, the Prime Minister will, by affirmative order, be able to vary the date of Westminster elections by up to two months, either before or after the scheduled date. Such a move will require the consent of both Houses, thereby preventing this power from being abused in a partisan manner.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I put it to my right hon. Friend that these proposals, whatever the merits of fixed-term Parliaments—personally, I do not support those proposals—smack of gerrymandering the constitution in favour of a particular coalition? That is definitely a bad thing. It is a subjective judgment to suggest that this is giving power to Parliament, as it can be argued that it is taking it away from it. Does this not smack of constitution making on the hoof? What we need is a proper constitutional convention to consider such a major change to our constitution.

[The Deputy Prime Minister]

I do not agree that this is an innovation made on the hoof, as it has been discussed for decades. I am disappointed that my hon. Friend does not recognise that taking a power away from the Executive after years in which they have been too dominant in relation to the legislature is a step in the right direction, providing more powers to Parliament that do not exist at present. It is also fully in keeping with democratic practice in many other democracies.

--- Later in debate ---

[Mr Jenkin]

Why?

[The Deputy Prime Minister]

I shall explain. It is not a simple yes or no choice to a referendum question, but raises a host of questions about how people are governed at the UK-wide and devolved level by different parties and different politicians. With elections to the devolved legislatures every four years and to Westminster every five years, such a situation would occur every two decades. With the next occurrence in five years, we have time to plan for it, but we need to give the issue proper further thought. There is already scope in legislation to vary the dates of elections to devolved legislatures, and the Government are now actively considering whether those powers are sufficient. We have not yet reached a conclusion—we will be very interested to hear the views of others—but if we decide that further powers are needed, we will put forward proposals for an alternative.

--- Later in debate ---

[The Deputy Prime Minister]

I would like to make some progress.

In the event of an early Dissolution, under whatever circumstances, the decision will be confirmed by the issuing of a Speaker’s certificate, meaning that there will be no ambiguity about whether the House had voted for a Dissolution with the requisite majority or whether a vote of no confidence in the Government should trigger a Dissolution. It will also mean that procedures of the House will determine whether the triggers are satisfied, rather than that being in the hands of either the Executive or the courts.

As I said earlier, I know that the Clerk of the House of Commons has expressed concerns about these arrangements in a memorandum to the Political and Constitutional Reform Committee. The memorandum suggests that the courts may be able to intervene in parliamentary business. The suggestion is that we would therefore be better off implementing the changes through Standing Orders rather than primary legislation. I would like to reassure the House that the Government have looked into the issue in considerable detail. We are satisfied that the provisions in the Bill will not allow the courts to question the House’s internal affairs.

The Minister for political and constitutional reform, the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), has placed in the Libraries of the House a paper setting out our views. Briefly, we are satisfied that the courts will continue to regard matters certified by the Speaker as relating to proceedings in Parliament and therefore falling under the protection of article 9 of the Bill of Rights. The memorandum refers to the legal challenge in 2005 to the Hunting Act 2004 as authority that courts will interfere in parliamentary proceedings. However, that case was concerned with the validity of the Parliament Act, not the internal proceedings of Parliament.

[Mr Jenkin]

rose—

[Mr Cash]

rose—

--- Later in debate ---

[The Deputy Prime Minister]

I am grateful for that clarification. I strongly agree with the hon. Gentleman, and we agree with the Committee’s conclusions on this point. Given the constitutional significance of the Bill, which has been underlined by many Members during the debate, it would be inappropriate for those significant constitutional provisions to be translated into Standing Orders. They need to find their way into primary legislation, and into law.

In the event of an early Dissolution, and an early general election, the new Parliament will run until the first Thursday in May in the fifth year of its existence, unless, of course, it too is subject to early Dissolution. Questions have been asked about whether the new Parliament should run for the full time, or whether its life should be limited to whatever period its predecessor had left on the clock. Our view is that resetting that clock is a more sensible proposition. That is the arrangement that will be most natural to voters; people do not expect to elect a Parliament knowing that it will last only a short time. When they hand a Government a majority, they are giving them a mandate to govern for up to five years.

[Mr Jenkin]

I am grateful to the right hon. Gentleman for giving way. He is being assiduous, and the House appreciates that. I put it to him bluntly, however, that the Bill takes away from a simple majority in the House the right to cause a general election and puts into the hands of, perhaps, himself leading a minority party the ability to withdraw his support from one party and give it to another in order to form an Administration, without the risk of a general election. Is that really fair?

[The Deputy Prime Minister]

First, that is precisely the position now, as the hon. Gentleman knows. Secondly, he is viewing the Bill through a prism of—how can I put it?—suspicion, which really is not justified. It gives new powers to the House, and I hope that he will come to that view himself as it is examined on the Floor of the House, as it should be. The Bill is giving new powers to the House in addition to the powers of no confidence that do not already exist, which we are also strengthening in turn.

--- Later in debate ---

[Mr Jack Straw (Blackburn) (Lab)]

The Labour party manifesto contained a commitment to legislate for fixed-term Parliaments, as did that of the Liberal Democrats, as we have heard. The Conservative party manifesto included no such commitment whatever, and as the hon. Member for Christchurch (Mr Chope) reminded the House at the beginning of the Deputy Prime Minister’s speech, the proposition from the then Leader of the Opposition, now Prime Minister, was directly contradictory to that contained in the Bill. His proposition was that, were there a change of Prime Minister during a Parliament, that change should trigger a general election within six months of the new Prime Minister taking over. As a direct consequence of the Bill, that solemn commitment at the general election has been not just bypassed but wholly contradicted.

I am quite sure that the process that led to the Bill, following the general election, was entirely one of cerebration and consideration of the balance of the intellectual arguments—

[Mr Jenkin]

Of course.

[Mr Straw]

I note the hon. Gentleman’s comments from a sedentary position, and he is often right about these matters. I am quite certain that the process had absolutely nothing whatever to do with horse trading about a deal.

--- Later in debate ---

[Mr Straw]

From a sedentary position, again, my hon. Friend prompts me to correct myself: Conservative Members in the Government have made a Pauline conversion, although it is palpable from today’s debate that, unlike St Paul, they have taken few voluntary converts with them.

If the Government and the House get the Bill right, it will be a positive innovation for our democracy. I do not share the Deputy Prime Minister’s hyperbole, but I certainly share his belief that it is a step forward, not a step back. We intend to work constructively to deliver what would be a significant constitutional change. For that reason, we will not divide the House tonight. However, let us be clear from the outset: the Bill as currently drafted does not stand up to scrutiny, even the limited scrutiny that the Government have permitted the House to date. The Bill will need substantial revision if we are to be able to support it on Third Reading, as we had wished to do.

The introduction of fixed-term Parliaments is intended to strengthen Parliament and fetter the Executive, and to make the political process more legitimate in the eyes of the public by reassuring them that the date of elections can no longer be at the whim of the Prime Minister. We have heard a lot about the power of the Prime Minister. Having known one or two Prime Ministers, I think that many Prime Ministers and potential Prime Ministers would rather not have the right and power to call a general election, as it has a brutal logic: if they win, they have made the most positive decision of their life; if they lose, they are almost always out of office, too.

[Mr Jenkin]

Can we take it that the right hon. Gentleman has also reached a completely dispassionate judgment, and that his decision to allow the Bill a Second Reading is in no way coloured by the possibility that his party will end up in government without a general election if it is passed?

[Mr Straw]

Funnily enough, I had not thought of that. Perhaps I should have. It is not that I am innocent of such considerations, but on this occasion it had not occurred to me.

The Bill does botch the job, however. It provides for a standard Parliament to be too long, at five years. It fails to clarify the procedures for confidence votes, opening up the possibility of a lame-duck Administration and constitutional limbo. It leaves a large loophole enabling Prime Ministers to use the prerogative power to prorogue Parliament, as happened recently in Canada. The mechanism for triggering an early Dissolution of Parliament may impinge—I put it no more strongly than that—on parliamentary privilege by creating the risk that courts could intervene on parliamentary proceedings.

Much of the incoherence of the Bill is a consequence of the unnecessary haste with which it is being rushed through Parliament. A week ago, the House debated the Second Reading of the Parliamentary Voting System and Constituencies Bill. That too is being rushed through, with the Deputy Prime Minister breaking all previous undertakings about the importance of pre-legislative scrutiny.

If Members accept the imperative of a May 2011 date for the alternative-vote referendum—although I do not—at least the right hon. Gentleman has a fig leaf of an excuse for seeking to rush that Bill through at this early stage, but palpably no such excuse exists for rushing this Bill through. Had there been any justification, such as a packed legislative programme which might have hit the end-of-Session buffers, that excuse would have been blown away this morning by the ill-thought-through announcement by the Leader of the House that the current Session is to last for two full years.

--- Later in debate ---

[Mr Straw]

On the hon. Gentleman’s first point, it would have been difficult for me not to notice that he had taken an interest in privilege in relation to the Parliamentary Standards Bill, as he was scarcely ever not on his feet complaining about something or other that I was doing from the Treasury Bench. The Clerk was absolutely right to raise the issue and in the end we got through it. We were genuinely up against the clock with that measure, because the leaders of all three main parties had agreed both a timetable and broad outline contents.

In this case, I am not coming down on one side or the other, but the issue is sufficiently worrying that we need to take our time.

[Mr Jenkin]

rose—

[Mr Straw]

Many Members want to speak, and as I have spoken at some length I want to conclude.

Legislation for fixed-term Parliaments is a desirable objective and it could be achieved on a cross-party basis, but that requires the Government to go back to the drawing board and respond to the valid criticisms that have been made about the Bill. We want to play our part in helping them to do that and, as I said, we shall not oppose Second Reading, but we want considerable revisions, which require more time and considerably greater opportunity for scrutiny. It also—if I may say so—requires the Deputy Prime Minister in particular to adopt a more measured, considered and consultative approach than has been evident to date. I fully accept that the House’s not knowing about the note on privilege was an error and in no sense intentional, but I have to say that it is very aggravating and does not improve the environment in which the House receives such measures. I hope that we can see a different approach from Ministers. Although most Members support the principle, a huge amount of detail has to be got right before there is any chance of the legislation becoming law.

Superannuation Bill

Bernard Jenkin Excerpts

Tuesday 7th September 2010 Commons Chamber

[Mr Maude]

That is completely right. My hon. Friend puts his finger precisely on the point. Our view is that one union cannot be allowed to prevent necessary reform of a scheme that is unsustainable and unaffordable—and, of course, that is precisely the view taken by the last Government. The order laid by the right hon. Member for Dulwich and West Norwood, which came into effect, I think, in April this year—before it was rapidly quashed by the judicial review sought by the Public and Commercial Services Union—was made on the basis that one union could not be allowed to hold up the necessary process of reform. However, I stress again that we seek genuinely to negotiate additional protection for the lower paid.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I have been listening to these exchanges closely, but will the Minister tell me whether I have understood him correctly? Is he saying that, whatever special measures may be made for the lower paid, which he is not prepared to discuss now for the reasons he outlined, he has no intention of trying to impose them through legislation, and that they will be negotiated come what may, but that this legislation might become necessary in order to provide the framework for such a settlement? Is that correct?

[Mr Maude]

Indeed. I will say more about the relationship between the negotiations and the Bill in a little while. The aim would be to have a whole new negotiated scheme that would make this Bill redundant. Sadly, however, the experience of the last Government shows that it is impossible to place absolute reliance on the ability to achieve total consensus on that. Proper additional protection for the lower paid is a central part of our aim in the negotiations. I will say briefly as well that the other side of that coin should be a cap on payments for the highest paid. Again, it seems to us that basic fairness requires that.

Our second goal in the negotiations is to negotiate a higher cap for voluntary redundancy schemes. It is the essence of most redundancy schemes that there should be scope for voluntary redundancy terms to be more generous than those for compulsory redundancy. However, I would like to make it clear, if it needs to be made clear, that no one wants redundancies at all, but if they are unavoidable, which sadly I believe they will be—they were under the last Government, and in the current fiscal environment, they are even more likely—it will surely be much better to be able to offer more generous voluntary redundancy terms. That is simply impossible under the current scheme, because of its unaffordably generous terms.

We have made some progress in the talks, but they have not yet delivered an approach that is agreeable to all the unions involved and to the Government. If we can secure agreement with the civil service unions to introduce a comprehensive new scheme, we will implement that package rapidly. Until we reach that point, however, we would be failing in our duty to the tax-paying public—and to lower-paid workers outside the civil service who daily confront much less generous terms—if we were to allow the excesses of the current scheme to continue unchecked.

That is why we have introduced a Bill to limit the size of compensation payments. It has only two clauses, which cap the amounts payable under the current scheme. The first creates caps on the level of payment possible. Staff who depart on voluntary terms will receive payments calculated under the current terms, but limited to a maximum of 15 months’ pay. For those leaving on being formally dismissed—effectively, compulsory redundancy—the limit will be 12 months’ pay. Where the civil service compensation scheme terms provide for early retirement instead of or in addition to a severance payment, the total value of the package will be subjected to the same cap of 12 or 15 months’ pay. In these cases, if the actuarially assessed cost of the total package exceeds the appropriate cap, the Bill provides that those individuals will instead receive 12 months’ salary—or 15 months’ salary in the case of voluntary departures—and no change to their pension entitlement.

--- Later in debate ---

[Tessa Jowell]

I am going to make a bit of progress.

In the current environment in which many civil servants are understandably concerned about their jobs, it is even more important for any reform package to be achieved in full consultation and, wherever possible, agreement with the work force. As a result of the Equality Act 2010, which formed such an important part of the last Government’s legislative programme, the Bill is subject to an equality impact assessment, which I took the time to study.

Against the commitments to full consultation and transparent negotiation, we might look at some of the evidence in the equality impact assessment. It asks:

“Does this policy affect the experiences of staff? How? What are their concerns?”

For staff, the following answer is given:

“Exit terms are set out in Civil Service Compensation Scheme, to be capped at levels set out in the Bill.”

That is a perfectly fair statement of fact. The impact assessment then asks whether the policy affects the experiences of staff networks and associations. The answer given is: “As above”—for staff—but also:

“(no consultation due to urgent need for affordable provisions).”

The answer for trade unions is the same:

“As above (but no consultation due to urgent need for affordable provisions).”

When the equality impact assessment looks at the impact on voluntary organisations, the conclusion is that that is “N/A”—not applicable. The impact on race is also deemed not applicable, as are the impacts on faith, disability rights, gender, sexual orientation and age. The impact assessment also asks:

“What were the main findings of the engagement exercise and what weight should they carry?”

That, too, is said to be not applicable.

“Does this policy have the potential to cause unlawful direct or indirect discrimination? Does this policy have the potential to exclude certain groups of people from obtaining services, or limit their participation in any aspect of public life?”

That is not applicable as well.

“How does the policy promote equality of opportunity?”

That is not applicable also. I could go on.

That is not by any stretch of the imagination a proper assessment of the impact of the proposals on the work force, taking account of the obligations that sit on the coalition Government to recognise equality of opportunity.

[Mr Jenkin]

I am interested in what the right hon. Lady is saying, but I think it is incumbent on her to explain to the House why she thinks the Bill might be discriminatory in some way, rather than just advert to a negative and say that that is not good enough. Does she honestly believe that the measures could be discriminatory in some way? If she could explain that to the House, it would be very helpful.

--- Later in debate ---

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I am grateful for that comment, Mr Deputy Speaker, and I will truncate my remarks as best I can. Perhaps it is just an irony that the PCS is the single union that held up the agreement and a representative of the PCS held up the debate for 21 minutes after being implored to speak for only eight minutes. I reflect on that.

The Public Administration Committee, which I chair, recently took evidence from my right hon. Friend the Minister for the Cabinet Office and the principal civil service unions about the provisions of the Bill and the prospects for a negotiated settlement of the dispute about ongoing compensation for civil servants who are forced to leave their jobs or voluntarily accept redundancy. The hope then was that the parties would reach a negotiated settlement, but regrettably that settlement has not been reached.

It is appropriate at this stage to remind ourselves of why we are having this debate. We are here because there was no agreement. The agreement reached with the five other unions by the previous Government was challenged in the courts, and we finished up with the courts ruling that the compensation payable represents legally enforceable rights. That was never the intention of the original legislation, and that is why we have this Bill. We are not undoing previous legislation; we are undoing the work of the courts on previous legislation. In my view, it is about the culture of judicial review and judicial activism that we now live in. It is unfortunate but it is where we are.

Let us have no illusions about why this is necessary from an economic viewpoint. We are facing the worst public expenditure crisis since the 1930s. It is inconceivable that compensation arrangements that were reached as part of voluntary arrangements between Government Departments and civil servants, and have become legally enforceable by accident, should be respected as though they were contracts entered into and signed in blood. I do not accept what the hon. Member for Southport (Dr Pugh) said about these arrangements. They were intended to be flexible and negotiable, and the Bill is attempting to restore that position, albeit now putting in place a statutory baseline that is harsh—let us have no illusions about that. It is sobering to reflect how harsh these arrangements are in comparison with the existing arrangements.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

Will the hon. Gentleman give way?

[Mr Jenkin]

I hesitate to give way because we are very short of time, but I will do so briefly.

[Michael Connarty]

This is obviously a very brief Bill, and the hon. Gentleman will have read it; I have read it also. Could he tell me where it says that this is in any way negotiable and flexible?

[Mr Jenkin]

The hon. Gentleman misunderstood me. The Government have made it clear that they want a negotiated settlement, and that they are not prepared to talk about the terms of that settlement in this debate. Obviously, however, what we enact here provides a legally enforceable baseline that ultimately is not negotiable—the hon. Gentleman is quite right. The point is that the Government have made it absolutely clear that they want a negotiated settlement. With five of the six unions having negotiated in good faith, I hope that the PCS will also do so, whether or not the Bill passes on to the statute book and comes into force.

The need to reform the civil service compensation scheme is well understood. In fact, all the evidence that we received from the trade union representatives conceded that we need to deal with it as a matter of urgency in the current economic climate. This short Bill is simply a reflection of the accumulated mess that successive Governments and successive decisions in the courts have got us into. If there is one thing I regret, it is that there is not more understanding from the official Opposition of the mess that they were in on this same subject and that we cannot present more of a united front, but that is the prerogative of opposition and our democratic process, and I respect that.

I have two particular concerns about the Bill, and I would be grateful if the Minister could address them when he winds up. The first is technical and raises an important issue of principle. Clause 2 provides for early termination or an extension of the 12-month applicability of the legislation. Of course, sunset clauses are not unknown, and in many respects they are welcome provisions because they provide an opportunity to declutter the statute book. However, this Bill is unusual in providing what one might call a “sunrise” clause whereby, if desired, the legislation can be revived by an order under the affirmative resolution procedure in this House. The only similar provision was made in relation to section 13 of the Prevention of Terrorism Act 2005. I worry that the matters in this Bill are hardly in the same category, and that the ability of this House properly to control the law is being excessively compromised for nothing more than the managerial convenience of the Government. Can the Minister explain what the special circumstances are that justify such a provision in this case?

Secondly, I should like to focus on the possibility of a further legal challenge to the provisions of the Bill given the High Court’s decision to quash the earlier agreement. In his judgment, Mr Justice Sales took the view that compensation payments under the scheme should be taken to be accrued rights in the same way as pension entitlements. In his answers to me about the Bill’s compatibility with the European convention on human rights, the Minister for the Cabinet Office was, if I may say so, not entirely persuasive that he had addressed the legal point made by the unions and potentially to be made in a future action. The PCS argues that the Bill is unlawful because it offends against the principles of the ECHR, namely that the legitimate expectations about compensation rates that the current state scheme gives rise to, are legally possessions of which individuals cannot be deprived.

In the explanatory notes, the Government declare the Bill’s compatibility with the Human Rights Act 1998 because payments under the civil service compensation scheme cannot be considered to be a possession. In any case, they say, even if they were to be considered possessions, since the cap on compensation rates does not apply until a redundancy notice is issued or a voluntary departure is agreed—that is, after the Bill has come into force—it does not therefore amount to the deprivation of an existing possession. That is all very elegantly argued, and no doubt the Government have had the benefit of legal advice, but if the Bill is enacted and subsequently challenged in the courts, the consequences could be extremely significant. Even if the challenge were not successful, if it went to the European Court of Human Rights for a determination, the delay and dislocation would be considerable. How sure is the Minister that the rights generated by the legitimate expectation of civil servants about their terms and conditions with regard to redundancy payments will not be regarded as possessions?

I understand that there is case law in the ECHR suggesting that mere claims to possessions are capable of being interpreted as property rights when there is sufficient basis in national law, for example when there is settled case law in the domestic courts confirming that. Precisely that confirmation was provided in the case that was adjudicated in May. Is the Minister confident that, even if the accrued rights are considered possessions, the Government are justified in interfering with those rights in the wider public interest, and therefore lawfully able to do so? In short, is he satisfied that the unions will not have a claim against him for not exercising his discretion in a fair and proper manner in failing to recognise existing entitlements?

That is an important matter, not some arcane point. A legal challenge could run for a very long time in Strasbourg, perhaps for years, and if the Government lost having gone ahead with job reductions on the terms set out in the Bill, it would potentially saddle the public purse with a huge liability at some future date, to say nothing of the subsequent complications in trying to repay individuals long after the event. I point out that Governments of both parties have a long history of wishful thinking when it comes to such cases. I speculate that it appears that the easier course in the short term is often to risk defeat in the courts sometime in the distant future rather than to confront the legal realities and their implications immediately. That is not conducive to better governance and decision making, and if it continues to happen under this new Administration there will perhaps be a case for the Public Administration Committee to launch an inquiry into why the Government’s legal advice has so often proved deficient in such cases. I place the Government on notice about that.

Subject to those qualifications, I support the Bill and will vote for it. What Ministers do will be taken as a reflection of the regard in which the civil service is held, and that will have an effect on the morale of the public service at a time of great uncertainty and change, and therefore on this Government’s relationship with civil servants. Nobody listening to this debate can be under any illusion about the seriousness of the measures that we are discussing and the impact that they will have on people’s lives. I commend many of those who have spoken from both sides of the House for alerting us to those concerns.

--- Later in debate ---

[Mr Hurd]

My hon. Friend makes an important point about the lack of coherence in the Opposition’s position. They have set out clearly, and confirmed today, that they recognise the need for reform—and we have paid full tribute to the very honest effort they made when in government to reach an agreement. They recognise the reality of the situation, which is that effectively one union is holding the situation and the process hostage, and in all responsibility to the taxpayer we cannot let that continue. We have to break the deadlock, and that is the purpose of this Bill. It is needed in case we are unable to reach an agreement with the unions. It introduces caps so that we can limit the costs of the current scheme and we can go about the very serious business of reducing public expenditure while we discuss the contents of the new scheme. The critical point is that the Government’s aim is to reach an agreement that is sustainable through negotiation. Those negotiations are ongoing and vigorous, and they are being held in good faith.

[Mr Jenkin]

Will my hon. Friend take this opportunity to correct the Opposition on one other point, which is that it would not in fact be possible to return to the February settlement because that has, effectively, been nullified by the courts? Even if all the unions now agreed to the February settlement, that settlement has been kyboshed by the courts, and even if they had agreed to it at the time, had there been a challenge in the courts and it had been successful—and it would have been—that would have nullified the settlement. This Bill is therefore indispensible.

[Mr Hurd]

My hon. Friend makes an extremely good point and he states a fact that I have placed on the record before: that the previously agreed terms were struck down by the courts and were not accepted by the Council of Civil Service Unions. The deal failed, and there is no guarantee that it would succeed in future.

Parliamentary Voting System and Constituencies Bill

Bernard Jenkin Excerpts

Monday 6th September 2010 Commons Chamber

[The Deputy Prime Minister]

I would like to make a bit more progress as many Members want to contribute to the debate.

I am pleased that the Electoral Commission has recognised that there are benefits to holding different elections on the same day. It is rightly concerned, as we are, to make sure that the poll runs smoothly, so we are working with it and electoral administrators to make sure that the combination of the polls works well, and we will table combination rules reflecting those discussions as an amendment to the Bill for debate at Committee stage.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I am grateful to my right hon. Friend for giving way, but he will be aware that the position of the Electoral Commission that he has just outlined is a dramatic reversal of that adopted by it in 2002. Is he also aware that one of the reasons it gave for changing its mind on the current occasion was:

“If we oppose combination but it goes ahead anyway, we then have a major role in conducting the referendum—potentially undermining our own credibility”?

It does not sound like a very strong-minded quango under these circumstances. Is it one of the quangos my right hon. Friend is thinking of chopping?

[The Deputy Prime Minister]

No, we are not thinking of that—at least not at present. If my hon. Friend reads the documentation provided by the Electoral Commission he will see that it has been very open about the fact that it shifted its view after having examined the international comparisons, and as he will know it concluded that

“it should be possible to deliver”

the polls scheduled for 5 May 2011. It has also highlighted a number of risks about combination—risks which we are seeking to address in close working partnership with it.

I would now like to outline briefly the effect of the substantive clauses. I know that many Members want to speak in the debate so I do not intend to describe the Bill clause by clause; there will be plenty of opportunity for that in Committee. For the moment I hope it will suffice to say that there are three main parts to the Bill: provisions for a referendum to be held, in clauses 1 to 5 and schedules 1 to 5; provisions for implementation of the alternative vote system in the event of a yes vote in the referendum, in clause 7 and schedule 6; and provisions to reform the setting of parliamentary boundaries, in clauses 8 to 11.

We have allowed for five full days for the Committee of the whole House to consider the Bill’s provisions and a further two days on the Floor for Report.

--- Later in debate ---

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I fear that many right hon. and hon. Members are finding this Bill to be a rude awakening to the realities of coalition politics. I support the Bill, albeit reluctantly, because I support the coalition. I support the coalition because at the time of the election we faced a crisis and a deficit and we urgently needed to form an Administration with a prospect of being able to tackle that deficit. However, I did not—and still do not—support changing the voting system. I am reminded that Ipsos MORI regularly polled the electorate in the run-up to the election and never more than 1% raised constitutional matters as a matter of urgency. Yet the House is to be deeply preoccupied with such matters as a result of this unsatisfactory coalition agreement.

The coalition was formed, with the best of intentions, for the benefit of the nation. Obviously, not everybody in the House would agree with that. However, let us have no doubt that the Bill is the product of party politics. I believe that it is in the national interest to equalise constituencies, but I do not know whether it is in the national interest to combine that issue with a referendum on the alternative vote. One is reminded of Disraeli’s dictum that England does not love coalitions. If the general public were forced to watch this debate, they might arrive at that conclusion rather more quickly than Members on the coalition side of the House would want.

The Bill is the worst advertisement for the coalition: a product of backroom party political horse-trading resulting in a measure—the alternative vote referendum—that neither coalition party supported in its manifesto. We have to accept that as the reality of coalition politics.

[Jim Shannon (Strangford) (DUP)]

Does the hon. Gentleman agree that this is the most shabby style of legislative change that we have ever seen in the House? It ignores the opinion of the general public and the views of elected representatives, and it is pushing through a legislative change that the people do not want. The people of Northern Ireland certainly do not want it. Does he agree that we should kill it at its second stage tonight?

[Mr Jenkin]

I do agree, but I think the hon. Gentleman is a new Member, and it is a feature of politics that Governments frequently push through things that people do not like—he will get used to it. The point is that the alternative vote is an orphan voting system. The Labour party is split over it, the Conservative party wants to keep the current voting system and the Liberal Democrats really want the single transferable vote.

Let us remind ourselves that AV is no more proportional than the current system. Indeed, it was rejected by the Jenkins commission in 1998 precisely because

“it might increase rather than reduce disproportionality”.

It does not mean fair votes. I hear Take Back Parliament, Unlock Democracy and all those pressure groups talking about fair votes, but they are wondering whether AV is the bandwagon that they should jump on. We watch with interest.

The myth of fair votes is further exposed by the fact that the alternative vote creates two classes of voter: one whose votes are counted once; and another, such as people who vote for the UK Independence party, the British National party or tiny parties, whose votes are counted again and again. As Winston Churchill argued, the alternative vote would mean that elections were decided by

“the most worthless votes for the most worthless candidates”.

For that reason, it is not a very good system.

Nor would the alternative vote abolish safe seats. I keep hearing that myth, but in Australia something like 43% of seats are considered safe. In 2005, some 371 seats were won by more than a 15 percentage point margin, and they are likely to remain safe. AV does not get rid of safe seats; it institutionalises tactical voting. It may be a different sort of tactical voting from what we have now, but rest assured there will be tactical voting. Finally, the alternative vote lacks the elegant simplicity of the most popular candidate winning, which is the system that is most widely used throughout the world and has served our democracy for 300 years. I think that we should stick with that.

I have never before spoken in a one-day debate that has been curtailed by a statement before it in which 74 Back Benchers have applied to speak. I ask myself, why the rush to timetable the Bill through on a guillotine, for that is what it is? Although I will support Second Reading, I will not support the timetable. It may be a generous one, but why do we not see how the debate goes before we give licence to all the filibusterers who will fill up the time by saying nothing much at all to stop people raising salient points, which is what inevitably occurs when there is limitation on the time of debate? Let us see whether the Government will genuinely engage with those who want changes and alterations to the Bill before we agree to any kind of guillotine.

Why the rush to hold the referendum on 5 May 2011? I return briefly to the Electoral Commission, not in its rather supine form that we see today but as it used to be in 2002, when it faced down Tony Blair, who wanted to have a referendum on the euro at the same time as the Scottish and Welsh elections in 2003. It stated:

“Referendums on fundamental issues of national importance should be considered in isolation”

and that

“the turnout of combined polls can have varied results. As such, the benefits do not appear so great or definitive as to automatically over-ride any potential problems”.

It continued:

“It is hard to avoid the conclusion that combining an election and a referendum can have a distorting effect on the conduct and outcome of both polls. Specifically, a combined poll may be perceived as being an extension of the political process as well as being for the sake of turnout. By not disengaging the referendum from the political process the Government risks jeopardising the integrity of the result”.

It also warned of the dangers for broadcasters:

“Distinguishing between election and referendum activities will be extremely difficult, if not impossible in some instances.”

If we are to have a referendum on an unwanted voting system in this country, let us at least have a fair referendum on a fair, separate date.

--- Later in debate ---

[Daniel Kawczynski]

I will come on to that point, but I recall listening to the Prime Minister when he came to give Conservative Members an insight into the negotiations with the Liberal Democrats. The deal breaker, as my hon. Friend the Member for Epping Forest (Mrs Laing) said—and I read it over and over again so it is indelibly printed on my mind—was a referendum on this system. How on earth will that referendum help my constituents in Shrewsbury? I always refer to Mr. Roger Walker, my constituent who is dying of prostate cancer. For the last eight months, I have been trying to get him a special drug, abiraterone, to prolong his life. I have been unsuccessful to date, but I will not stop. How will this legislation help him to tackle his illness, which will deprive him of his life? It is the equivalent of watching Nero fiddle while Rome burns. We have so many problems in our country, yet we are being distracted by this ridiculous referendum, which is going to cost taxpayers between £80 million and £100 million. What an appalling waste of money, as my hon. Friend the Member for Epping Forest (Mrs Laing) has said.

If the proposed system was used throughout the world, effectively and in a popular way, perhaps we should consider it, but it is used in only Fiji, Papua New Guinea and Australia. Only three countries in the world use it, and two of them, with all due respect, are rather small, minor powers.

[Mr Jenkin]

I hesitate to correct my hon. Friend, but the Australians use a variant of the alternative vote, not the system proposed. They call it preferential voting, and it requires people compulsorily to number all the candidates on the ballot paper. I am afraid that only Papua New Guinea and Fiji use the alternative vote.

[Daniel Kawczynski]

Right, there we are: we are trying to follow the example of Papua New Guinea and Fiji.

I have to say, however, that we should remember what happened in Tasmania, where the third candidate—the candidate who lost—ended up winning the seat because second and third preferences propelled him to victory. I do not want the least objected to to win; I want the most popular to win. I have come into politics because I believe in a certain ideology—a right-of-centre ideology. I want to go to the people of Shrewsbury and put that ideology to them—to stand on my convictions and ask them for a vote. I do not want to hide my views and feelings. I do not want to compromise or try to be all things to all people; I want a vote because I have garnered the most support.

Like me, millions of people will vote for only one party. I will never vote for any party apart from the Conservative party. That is my preference, but I will always vote only for the Conservative party. Millions out there like me will also vote for only one party; or, they will vote only for the party that comes first or second, so they have only one vote. However, those who vote for the BNP will always get two bites of the cherry. What really frustrates me is that their second preferences—or the “I don’t mind” candidates, as I call them—weigh in the same way as my vote. When I go to the polling station and put my cross next to a name, I take that very seriously indeed. I know that many people in my grandfather’s generation died—all the airmen in the battle of Britain; there were many Poles—so that we would have the right to vote, yet my vote will be counted in the same way as somebody else’s second preference. In my view it is absolutely disgusting.

If we are going to make a change, it should be to the European Union elections, in which there are turnouts of only 30%. I offer my constituents £100 if they can name me any Member of the European Parliament who represents us. So far I have not lost a penny. Why? Because Members of the European Parliament are elected to represent the whole of the west midlands, an area of 5.5 million people. None of our Members of the European Parliament lives in Shropshire, has an office in Shropshire, has a home in Shropshire or holds surgeries in Shropshire. How can someone be accountable to the people of Shropshire if they are elected under a ludicrous PR system, representing an area larger than many European Union countries? If we are going to change any voting system, let us change the voting system for the European Union elections, not the system for Westminster elections, which people are happy with so far.

The second aspect of the Bill is one that I do approve of: having seats of equal size. However, I want very much that as much respect as possible should be shown to county boundaries. I feel passionately about Shropshire. That is what I am all about: representing my seat. I do not want to represent any other county. I do not want to be a Member of Parliament if I have to represent something outside Shropshire. I make that pledge to my constituents: that I will stand for election only if I can continue to represent Shropshire.

--- Later in debate ---

[Mr Walker]

I am delighted that the Liberal Democrats had such a frank and open discussion and perhaps we can learn from that, as we are in the age of lessons learned.

[Mr Jenkin]

If my hon. Friend will allow me, let me say, with the greatest respect to the Liberal party, that members of the Liberal party and Liberal MPs are not the people. I believe that my hon. Friend is referring to the people of this country as being those who were excluded from the coalition deal.

Treatment of Detainees

Bernard Jenkin Excerpts

Tuesday 6th July 2010 Commons Chamber

[The Prime Minister]

There are about a dozen cases, as I understand it. Obviously it will be better if the mediation is successful, those cases are rolled up, and we then go into the inquiry. Clearly the police have a view that the inquiry should not start until the criminal case is completed. I would hope that the civil cases can be dealt with through mediation, but if they are not, we will have to come back and consider what is appropriate.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I commend the Prime Minister for his excellent statement, which I am sure will be greeted with some relief by the intelligence services, not least because he is standing by the control principle, which it is so important to restore—that is, the principle that intelligence lent to us by our allies should not be passed on, leaked or released through the courts, as has been happening, thereby damaging our intelligence relationships. Will he give an assurance that if it becomes necessary to amend the operation of the Human Rights Act 1998, he will not flinch from doing so in order to protect our relationships with our allies?

[The Prime Minister]

The intelligence services do welcome the statement today; obviously I have worked closely with them on this issue. From their perspective, what I have announced will not be without difficulties or a painful process of examination, but it will get them to a better situation—one in which we can deal with this stain on Britain’s reputation and allow their officers to get on with the vital work that they do. My hon. Friend is right about the control principle. It is a simple point: if other countries do not feel that we will protect the intelligence information that they give us, they will not give it to us any more—and if they do not give it to us any more, we will not be as effective at keeping people safe. The control principle is therefore vital, although I do not think that it has anything to do with the Human Rights Act. We shall address that matter next year, through a Green Paper that can be debated and discussed in the House, because it is not easy to find a way to protect secret information in an open liberal democracy, but we have got to do it.

Political and Constitutional Reform

Bernard Jenkin Excerpts

Monday 5th July 2010 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

That is not the suggestion being made. We all know that voting reform—changing the voting system—is a big deal in here but of very scant interest to the vast majority of our voters. What is the justification for artificially inflating turnout by coinciding the referendum with other elections, when the right hon. Gentleman has yet to receive any formal advice on that topic from the Electoral Commission?

[The Deputy Prime Minister]

With respect—[Interruption.] It is absurd to suggest that it is artificially inflating turnout by just giving people the opportunity to have their say. There is absolutely nothing wrong with giving people the opportunity to have their say and doing so on a very simple basis, with a simple question and a simple yes or no answer, at a time when people are voting in any event—unless the hon. Gentleman is suggesting that we waste millions of pounds of taxpayers’ money on organising it for another occasion. I see no logic in that whatever.

Oral Answers to Questions

Bernard Jenkin Excerpts

Tuesday 22nd June 2010 Commons Chamber

[Mr Speaker]

Order. From now on we must have timely progress, with short questions and short answers.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Will my right hon. Friend give an undertaking that there will be no move to hold a referendum on voting reform on the same day as any other elections, after the ruling given by the House of Lords Select Committee on the Constitution, which said:

“we recommend there should be a presumption against holding referendums on the same day as elections”?

[The Deputy Prime Minister]

As I have said, we will shortly come forward—I hope to do so well before the summer recess—to set out our plans for a referendum to give people in this country the choice to choose, if they so wish, to change the electoral system to an alternative vote system.