Afghanistan

Caroline Lucas Excerpts
Wednesday 6th July 2011

(12 years, 10 months ago)

Commons Chamber
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Lord Cameron of Chipping Norton Portrait The Prime Minister
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My hon. Friend is right, in that what matters is the end of the process. If we can get into a political process in Afghanistan with people who have separated from al-Qaeda, given up violence and accepted the basic tenets of the Afghan constitution, that will be a success. However, we cannot shade or fudge the idea of letting armed terrorists into government. We need to have some red lines in our minds about what is possible and appropriate, otherwise we will not end up with stability or any form of functioning state.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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The Prime Minister will know of increasing concern about the use of drones in Afghanistan and elsewhere, particularly about the risk that they will strike civilians. Just yesterday it was confirmed that a drone had killed four Afghan civilians and injured two others. Given that military officials are saying that almost one third of the Royal Air Force could be made up of drones within the next 20 years, will he review the use of this policy?

Lord Cameron of Chipping Norton Portrait The Prime Minister
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Of course it matters hugely that we avoid civilian casualties, whether in Afghanistan or in Libya. However, I do not think that the answer is to turn our face away from the modern technology that can now pinpoint people who are doing us harm. The technology being used in Afghanistan, including drones and other aerial ISTAR—intelligence, surveillance, target acquisition and reconnaissance—cameras, has been hugely effective in driving back the Taliban insurgency and taking out people who are doing us harm.

House of Lords Reform (Draft Bill)

Caroline Lucas Excerpts
Tuesday 17th May 2011

(12 years, 11 months ago)

Commons Chamber
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Nick Clegg Portrait The Deputy Prime Minister
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We had precisely that discussion in the cross-party committee and, for the exact reason the hon. Gentleman sets out, we believe that the best basis on which to proceed—we will remit the exact details to an independent panel of academics and experts—is to have clusters of counties, because they are, quite literally, a familiar territory and a familiar landscape for millions of voters up and down the country and should be the building blocks of the large constituencies or districts that elected members of a reformed House of Lords would represent.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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I welcome the Deputy Prime Minister’s statement, but given that a poll released today shows that 74% of people are against unelected bishops having a place in our legislature, including 70% of Christians, and given that expertise and wisdom are not the monopoly of any one religion, will he look again at that aspect of the reform?

Nick Clegg Portrait The Deputy Prime Minister
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I hear the hon. Lady’s strength of feeling on the issue and respect it, but the fact is that we have an established Church, which has always been reflected in its representation in the House of Lords. As I said earlier, leaders of other denominations are very supportive of some form of continuation of that representation, even though it will be on a much smaller scale than is presently the case.

United Nations Security Council Resolution 1973

Caroline Lucas Excerpts
Monday 21st March 2011

(13 years, 1 month ago)

Commons Chamber
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Lord Cameron of Chipping Norton Portrait The Prime Minister
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I give way to the leader of the Green party.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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I am grateful to the Prime Minister. I am sure he would agree that any military action needs to be principled and consistent, but last year, the UK issued £231 million-worth of arms exports licences to Libya and £55 million of licences to Saudi Arabia, including the very personnel carriers that were rolling into Bahrain just last week. Does he not agree that our position would be a lot more consistent and a lot more principled if we stopped selling arms to repressive regimes anywhere in that region?

Lord Cameron of Chipping Norton Portrait The Prime Minister
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The hon. Lady makes an important point, which we have discussed several times during statements and questions. We are having a proper review of not just arms exports, but training licences and other relations. Of the 118 single and open licences for Libya, we have revoked all licences that cover equipment of concern. However, I agree with the hon. Lady that there will be lessons to learn from the conflict for the future.

--- Later in debate ---
Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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I welcome the opportunity to contribute to this crucial debate. I also welcome the opportunity to pay tribute to the men and women in our armed forces, whose courage and commitment are beyond question. However, I think we owe it to them, and indeed to all in the middle east and north African region, to ensure that the role that Britain plays is beyond reproach or misunderstanding. That means that it must be consistent, that it must be principled, and that it must be likely to do good rather than harm. Measuring the military intervention that has taken place so far against those benchmarks, I am not sure that they are being met.

Let us take consistency. I have heard no serious answers to the charge that we are being enormously selective in the battles that we are choosing to fight. The Prime Minister has been asked whether military intervention in Libya signals a new direction for British foreign policy, and whether we might expect similar action to be taken against other oppressive regimes. Libya, we are told, is special. We are also told that the fact that we cannot do good everywhere should not be an argument against doing whatever we can. I consider it critical that if we choose to move in this direction, we should do so with clear principles that are as independent of self-interest as we can possibly make them. The fact that we are operating in the same week as invading Saudi forces are executing unarmed democracy protesters on the streets of Bahrain raises serious questions.

In considering whether our action is truly principled, we surely have to say why we think it appropriate to continue to sell arms to the region. I do not apologise for returning to that issue, because the Colonel Gaddafi who has been rightly described today as a murderous dictator has not suddenly become one. He was already a murderous dictator a few months, or weeks, ago, when we were happy to sell him tear gas, crowd control equipment, ammunition for wall and door-breaching projectile launchers, and plenty of other military equipment as well. In the nine months leading up to September last year, the United Kingdom issued millions of pounds’ worth of arms export licences for Libya, Saudi Arabia and Bahrain.

We cannot ignore our own complicity in arriving at this point. We cannot continue to arm regimes that abuse their own citizens, and try to claim the moral high ground when addressing the conflicts that those same arms have helped to perpetuate. As recently as last month, Ministers attended the IDEX—international defence exhibition—arms fairs in Abu Dhabi, and in less than six months the United Kingdom will host its own arms fair in London, where, no doubt, regimes that abuse their own people will once again seek to buy the tools of their repression. I hope very much that the commitment that we are hearing today—the commitment to upholding human rights in the middle east—will extend to our policies on arms exports, so that we can finally not just review but end the policy of selling arms to repressive regimes.

We need to ensure that intervention has a better chance of doing good than of doing harm. The motion asks the House to support the Government

“in the taking of all necessary measures”.

Like United Nations Security Council resolution 1973, it commits us to a course of action that is dangerously open-ended. It does not define success, unless it is the over-simplistic success of removing Gaddafi, but if that is our measure we risk simply repeating the errors of our recent history. UN resolution 1973 does not appear to rule out the use of ground forces in support of the rebels or in helping to protect civilians. That is a fairly wide definition. Earlier in the debate, we heard an interpretation of the resolution that suggested it provided for the arming of rebels as well. It is extremely over-optimistic to expect an air campaign to be decisive; hence, presumably, the scope to escalate any campaign further. I believe that could be fatal to the chances of an early peace and I am deeply concerned about the falling away of support so early in this mission. I refer not only to the secretary-general of the Arab League, but to the fact that Egypt and Algeria do not want to be involved in this action, that the US does not want to lead on it and that France’s speed of action seems to suggest that President Sarkozy is motivated at least in part by his domestic concerns.

There is a real risk of our making matters worse. If there is a stalemate—if Gaddafi does not fall in the next few weeks—we could face a civil war, a partitioned Libya and even a potential breeding ground for al-Qaeda. Given the west’s colonial past, its history of adventurism and support for dictatorships in the region, its failure to enforce UN resolutions in Palestine and the legacy of the invasion of Iraq in 2003, I think its motives in Libya will always be in doubt. The Prime Minister himself said a few days ago that a no-fly zone was not a simple solution but one of a series of steps needed to make sure that we

“get rid of this regime.”—[Official Report, 16 March 2011; Vol. 525, c. 291.]

How can that be that be read as being anything other than, in effect, support for regime change, which falls well outside the terms of the UN resolution?

I hope that in the Government’s summing up there will be further clarification of the inconsistencies between what is in the UN resolution and what is in the Government’s motion. I hope that they will review their trade and foreign policy through the screen of a genuinely ethical foreign policy and I hope that we can support the urgent convening of a middle east peace conference.

Fixed-term Parliaments Bill

Caroline Lucas Excerpts
Wednesday 24th November 2010

(13 years, 5 months ago)

Commons Chamber
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Chris Bryant Portrait Chris Bryant
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I am grateful for my hon. Friend’s support. He is absolutely right. However, I must confess to the Committee that Prime Ministers rarely said that to me personally, because I was too ludicrously loyal. Almost before the Prime Minister had even thought that a vote might be difficult, I had already decided I would be supportive. In fact, I rarely got to see the Prime Minister for that very reason. I would therefore advise Government Members that if they want to see the Prime Minister on a regular basis, they should start wondering whether they will support Government provisions. However, the serious point is that the freedom of individual Back Benchers will be tethered, because they will constantly be persuaded by the argument, “You don’t want a general election, do you? You must support this piece of legislation, because otherwise I’m going to call it a motion of no confidence.”

The second reason touches on an important element, on which the Minister got into difficult waters—I know that he does not think that he did, but others of us do, and I think that the courts will feel that too. He said that it would be for the Speaker to decide and to announce before any debate what counts as a motion of confidence or, presumably, a motion of no confidence. A minor point is whether a motion of confidence will count as a motion of no confidence if it is not carried. In the past it has, but I am not sure whether the Government intend that.

It would be wholly inappropriate for the Chair to say at the beginning of, for example, a Budget debate that if the House does not carry the Budget and if the Finance Bill falls on Second Reading or Third Reading that would be a motion of confidence in the Government, so he would issue a certificate. The Minister was sighing but is now smiling, and we prefer the smiling. I accept that in that example I am imagining what might happen, but I am more concerned what would happen if hon. Members chose to ask the Speaker whether a motion of censure counted as a motion of confidence. As I understand it, the Minister is saying that the Speaker would be required to adjudicate on whether it was a motion of no confidence. That would be wholly inappropriate, particularly at a time of political uncertainty and high drama, because the Speaker would lose his or her impartiality and be drawn into the political mêlée, and that would be wrong.

Amendment 5 would remove the two-week provision for a new Government to be formed on the basis of a confidence motion. We may have to return to some of these issues on Report, and I would be grateful if the Minister will clarify whether, if that second motion fell, there could then be a subsequent two weeks. We quite like the provision for two weeks—it seems sensible if an alternative coalition or Government could be formed. I see some hon. Members casting a wry glance as though I am eyeing up the Liberal Democrats. We are not getting on very well with the Liberal Democrats at the moment, so I do not think he needs to worry about that, but obviously if the offer is on the table, we will take it.

Amendment 22 is a minor one, and I would be interested in the Government’s view. The clause refers to the provision of 14 days being allowed after a motion of no confidence. We have suggested that it should be 10 working days simply because all other references in the Bill are to working days. I suppose it is possible that the period could coincide with a royal wedding, a day of thanksgiving, a bank holiday, Easter or Christmas, and it would seem to be sensible to specify working days instead of days.

However, we have not moved to the suggestion in other Committees of 10 sitting days, because if the House were adjourned, there would be a specific problem. I hope that the Minister will say what he thinks should happen if the House had been adjourned for a recess—for example, the day after a motion of no confidence. Should there be a requirement for the Government to bring the House back, and should there be a specific provision for the Speaker to be able to require the House to be recalled within the two weeks? We will come to Prorogation later.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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On a point of order, Mr Amess. Have you have received any indication from the Home Secretary that she might be coming to the House tonight to make a statement on whether she believes that police tactics outside the House are proportionate? Many hundreds of students and schoolchildren have been kettled for more than four hours and, according to the police, will be out there for several more hours in the freezing cold. Whatever one thinks about the student protest, holding people against their will for no reason is neither proportionate nor effective.

Nigel Evans Portrait The Temporary Chair (Mr David Amess)
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The whole House has heard what the hon. Lady has said, particularly those on the Treasury Bench, but that is not a point of order.

Strategic Defence and Security Review

Caroline Lucas Excerpts
Tuesday 19th October 2010

(13 years, 6 months ago)

Commons Chamber
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Lord Cameron of Chipping Norton Portrait The Prime Minister
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First, I thank my hon. Friend for taking part in this. I want the vice-chief of the defence staff, General Nick Houghton, to lead it, and I think that my hon. Friend should be the deputy. General Lamb, who has served our country outstandingly in Iraq and Afghanistan and was taken on personally by the Americans in Afghanistan because of the great work he has done, has also agreed to serve. My Parliamentary Private Secretary, my hon. Friend the Member for New Forest West (Mr Swayne) is one of the many people in the House who has served in the reserve forces, but I am afraid that he will not be free to do this. I once suffered a capability gap when he went to Iraq during the last Parliament in the rather hard-to-explain role of liaising with the Italian forces—something I know everyone thinks he is uniquely qualified to do.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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Given that a nuclear attack on the UK by another state was judged by yesterday’s national security strategy to be of “low likelihood” and in the light of the formal exclusion of Trident from the strategic defence and security review, will the Prime Minister use the delay in the Trident main gate decision to allow a full public review of the necessity of nuclear weapons?

Lord Cameron of Chipping Norton Portrait The Prime Minister
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I think that there will be a continuing debate in this country about nuclear deterrence. I have been through the arguments in my own mind a thousand times, and I always come up with the same answer, which is that, in an uncertain, unsafe and dangerous world, with countries like Iran trying to get a nuclear weapon, it would be a profound mistake for Britain to discard her nuclear weapon. But this debate can always take place in this House. I think that my party has a very settled view on it, and the White Paper safeguards that, but it is for others to make up their own minds.

Parliamentary Voting System and Constituencies Bill

Caroline Lucas Excerpts
Tuesday 12th October 2010

(13 years, 7 months ago)

Commons Chamber
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21:57

Division 67

Ayes: 264


Labour: 234
Conservative: 12
Democratic Unionist Party: 6
Scottish National Party: 6
Social Democratic & Labour Party: 3
Plaid Cymru: 2
Independent: 1
Alliance: 1
Green Party: 1

Noes: 326


Conservative: 270
Liberal Democrat: 54
Labour: 1

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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I beg to move amendment 7, page 1, leave out from line 7 to end of line 4 on page 2 and insert—

‘(3) The questions that are to appear on the ballot paper are—

“(1) Do you want to change the current “first past the post” system for electing Members of Parliament to the House of Commons?

(2) If there were a change, list your order of preference, 1, 2, 3, for the United Kingdom to adopt:

(a) The ‘alternative vote’ system,

(b) The ‘additional member’ system, or

(c) The ‘single transferable vote’ system with multi-member constituencies?”.

(4) In Wales, a Welsh version of the question is also to appear on the ballot papers.

(5) The voting for the second question in the referendum shall be in accordance with section (Counting of votes on second question of referendum).’.

Baroness Primarolo Portrait The Second Deputy Chairman of Ways and Means (Dawn Primarolo)
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With this it will be convenient to discuss the following:

Government amendment 230.

Amendment 140, page 1, leave out lines 8 to 11 and insert—

‘Rank your preference for the system for electing members to the House of Commons (a) Alternative Vote (b) First Past The Post (c) The Single Transferable Vote.’.



Amendment 204, page 1, line 9, after ‘vote’, insert ‘plus’.

Government amendment 231.

Amendment 141, page 2, line leave out lines 1 to 4 and insert—

‘Graddiwch pa gyfundrefn o ethol aelodau i Ty’r Cyffredin sydd well gennych chi. (a) Pleidlais Amgen (b) Cyntaf i’r Felin (c) Pleidlais Sengl Drosglwyddadwy.’.

Amendment 205, page 2, line 2, after ‘amgen’, insert ‘plws’.

Amendment 142, page 2, line 4, at end insert—

‘(4) In Scotland, the following Gaelic version of the question is also on ballot papers—

Rangaich do roghainn a thaobh an t-siostaim taghaidh buill gu Taigh nan Cumantan? (a) Bhòt Eadar-roghnach (b) A’Chiad Bhuannaiche (c) Bhòt Mhalairteach Shingilte.’.

Amendment 14, in schedule 1, page 15, line 30 leave out

‘in favour of each answer to the question’

and insert

‘in answer to the questions’.

Amendment 15, page 19, line 24, leave out ‘question’ and insert ‘questions’.

Amendment 16, in schedule 2, page 26, line 39, leave out ‘question’ and insert ‘questions’.

Amendment 17, line 17, leave out ‘answer’ and insert ‘answers’.

Amendment 18, page 32, line 16, after ‘only’, insert

‘in relation to each question’.

Amendment 19, page 47, line 22, leave out ‘to the referendum question’ and insert

‘either or both of the referendum questions’.

Amendment 143, page 54, leave out lines 7 to 16 and insert

‘In England the ballot shall be as follows:

Front of ballot paper

Rank your preference for the system for electing members to the House of Commons Please rank in order of preference (1,2,3) You must mark at least one number on the ballot

Alternative Vote

First Past the Post

Single Transferable Vote



In Wales, the ballot paper shall be as follows:

Front of ballot paper

Graddiwch pa gyfundrefn o ethol aelodau i Ty’r Cyffredin sydd well gennych chi

Rhowch pa gynfundrefn sydd well gennych chi yn ôl trefn blaenoriaeth (1,2,3) Rhaid i chi farcio o leiaf un rhif ar y papur pleidleisio.

Rank your preference for the system for electing members to the House of Commons Please Rank in order of preference (1,2,3) You must mark at least one number on the ballot.

Pleidlais Amgen/ Alternative Vote

Cyntaf i’r Felin/ First Past the Post

Pleidlais Sengl Drosglwyddadwy/ Single Transferable Vote



In Scotland, the ballot paper shall be as follows:

Front of ballot paper

Rangaich do roghainn a thaobh an t-siostaim taghaidh buill gu Taigh nan Cumantan Rangaich iad a rèir do roghainn (1,2,3) Feumaidh tu co-dhiù aon àireamh a chomharrachadh sa bhaileat. Rank your preference for the system for electing members to the House of Commons Please Rank in order of preference (1,2,3) You must mark at least one number on the ballot.

Bhòt Eadar-rognach/ Alternative Vote

A’Chiad Bhuannaiche/ First Past the Post

Bhòt Mhalairteach Shinglite/ Single Transferable Vote





Amendment 20, page 54, leave out lines 9 to 16 and insert—

Vote (X) once for question 1

1. Do you want to change the current “first past the post” system for electing Members of Parliament to the House of Commons

Yes

No

Then list your preference for what new system might be adopted by numbering 1, 2, 3 for question 2

2. If there was a change do you want the United Kingdom to adopt:

(a) The “alternative vote” system or

(b) The “additional member system” or

(c) The “single transferable vote” system with three member constituencies?’.



Government amendment 232.

Amendment 223, page 54, line 12, after ‘vote’, insert ‘plus’.

Amendment 21, page 55, leave out line 3.

Amendment 22, page 55, line 4, leave out ‘question’ and insert ‘questions’.

Amendment 23, page 55, line 5, leave out ‘question’ and insert’ questions’.

Amendment 24, page 55, leave out line 20.

Amendment 25, page 55, line 25, leave out ‘question’ and insert ‘questions’.

Amendment 26, page 55, line 26, leave out ‘question’ and insert ‘questions’.

Amendment 27, page 55, line 27, leave out ‘question’ and insert ‘questions’.

Amendment 28, page 55, line 32, leave out ‘question’ and insert ‘questions’.

Amendment 46, page 57, line 15,after ‘only’, insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 47, page 57, line 18, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 48, page 58, line 32, after ‘only’ insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 49, page 59, line 2, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 50, page 60, line 6, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 51, page 60, line 7 after ‘only’ insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 52, page 63, line 15, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 53, page 63, line 17, after ‘only’, insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 54, page 67, line 5, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 55, page 67, line 9, after ‘only’, insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 56, page 73, line 5, leave out ‘you are voting for’ and insert

‘to question 1 you are voting for, and indicate your preferences in relation to question 2’.

Amendment 57, page 73, line 7, after ‘only’ insert

‘in relation to question 1, and indicate your preferences in relation to question 2’.

Amendment 144, in clause 6, page 4, leave out lines 27 and 28 and insert—

‘(a) the answer “alternative vote” is selected in the referendum, and’.

Amendment 8, page 4, line 28, after ‘“No”’, insert

‘to Question 1, and the alternative vote system is selected in response to question 2 in the referendum’.

Amendment 9, page 4, line 32, at end insert—

‘(1A) The Minister must make an order bringing into force section (The single transferable vote system: amendments) if—

(a) the single transferable vote system is selected in response to question 2 of the referendum, and

(b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 8(6) below) which provides for multi-member constituencies, in accordance with subsection (4) of section 3 of that Act as amended by section 8(5A) below, has been submitted to Her Majesty in Council under section 4 of that Act.

(1B) The Minister must make an order bringing into force section (The additional member system: amendments) if—

(a) the single transferable vote system is selected in response to question 2 of the referendum, and

(b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 8(6) below) which provides for the additional member system, in accordance with subsection (4) of section 3 of that Act as amended by section 8(5A) below, has been submitted to Her Majesty in Council under section 4 of that Act.’.

Amendment 145, page 4, line 33, leave out from ‘if’ to second ‘the’ in line 34 and insert

‘the answer “alternative vote” is not selected in the referendum’.

Amendment 10, page 4, line 34, leave out from ‘“No”’ to end and insert

‘to Question 1, the Minister must make an order repealing the alternative vote provisions and section (The single transferable vote system: amendments) and section (The additional member system: amendments).’.

Amendment 11, page 4, line 39, leave out ‘subsection (1)’ and insert ‘subsections (1), (1A) or (1B)’.

Amendment 206, in clause 7, page 5, leave out lines 2 to 11 and insert—

‘How constituency votes are to be given

37A (1) A voter votes by marking a constituency ballot paper and a top-up ballot paper.

(2) A voter marks the constituency ballot paper with—

(a) the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the candidate who is the voter’s second preference,

and so on.

(3) The voter may mark as many preferences (up to the number of candidates) as the voter wishes.

(4) A voter marks the top-up ballot paper with a mark opposite a single political party list of candidates.’.

Amendment 207, page 5, line 13, after ‘How’, insert ‘constituency’.

Amendment 208, page 5, line 16, leave out

‘ballot papers and so to determine which candidate is elected’

and insert

‘constituency ballot papers and so determine which constituency candidate is elected, and how top-up votes are to be counted and so determine the allocation of top-up seats to political parties.’.

Amendment 209, page 5, line 34, at end insert—

‘(5A) Top-up ballots shall be counted simultaneously’.

Amendment 210, page 5, line 36, after ‘no’, insert ‘constituency’.

Amendment 211, page 5, line 40, after ‘each’, insert ‘constituency’.

Amendment 212, page 5, line 42, after ‘which’, insert ‘constituency’.

Amendment 213, page 5, line 43, after ‘rejected’, insert ‘constituency’.

Amendment 214, page 6, line 5, after ‘each’, insert ‘constituency’.

Amendment 215, page 6, line 7, after ‘which’, insert ‘constituency’.

Amendment 216, page 6, line 8, after ‘the’, insert ‘constituency’.

Amendment 217, page 6, line 9, at end insert—

‘(2A) After rule 50 in that Schedule there is inserted—

“50A(1) The returning officer shall give public notice of the total number of votes given for each political party together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers and return this information to the Clerk of the Crown.

(2) The Clerk of the Crown shall determine the allocation of top-up seats in England, Scotland, Wales and Northern Ireland, by applying the D’Hondt formula to the total aggregated top-up votes in each of the four parts of the United Kingdom, as declared by each and every returning officer in that part.”.’.

Amendment 221, in schedule 6, page 144, line 29, at beginning insert—

‘Constituency ballot’.

Amendment 222, page 144, line 39, at end insert—

‘Top-Up ballot

Vote for one political party only. Put no other mark on the ballot paper, or your vote may note be counted’.

Amendment 12, in clause 8, page 7, line 9, at end insert—

‘(5A) In subsection (4) the words are inserted at the end—

“and each such report shall also provide for multi-member constituencies of three members, stating the name by which they recommend that each such area should be known, and for the additional member system as provided for in the Scotland Act 1998, as close as possible to 57 per cent. to be allocated for constituency representatives and the remaining seats to be allocated for closed party lists.”.’.

Amendment 13, in clause 16, page 13, line 3, at end insert—

‘(1A) Section (The single transferable vote system: amendments) comes into force in accordance with provision made by an order under section 6(1A).’.

New clause 3—The single transferable vote system: amendments—

‘(1) Within one month of the coming into force of this section, the Minister must lay before Parliament a draft of an order amending the parliamentary elections rules as set out in Schedule 1 to the 1983 Act so as to provide for a system of a single transferable vote in multi-member constituencies.

(2) An order under subsection (1) above may make any amendments to primary or secondary legislation necessary to give effect to the use of the single transferable vote in the United Kingdom parliamentary elections.

(3) An order under subsection (1) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.’.

New clause 4—The additional member system: amendments—

‘(1) Within one month of the coming into force of this section, the Minister must lay before Parliament a draft of an order amending the parliamentary elections rules as set out in Schedule 1 to the 1983 Act so as to provide for an additional member system.

(2) An order under subsection (1) above may make any amendments to primary or secondary legislation necessary to give effect to the use of the additional member system in United Kingdom parliamentary elections.

(3) An order under subsection (1) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.’.

New clause 5—Counting of votes on second question of referendum—

‘(1) A voter votes by marking the ballot paper with—

(a) the number 1 opposite the name of the option that is the voter’s first preference (or, as the case may be, the only option for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the option that is the voter’s second preference, and so on.

(2) The voter may mark as many preferences (up to the number of options) as the voter wishes.

(3) Votes shall be allocated to options in accordance with voters’ first preferences and, if one option has more votes than the other options put together, that option is selected.

(4) If not, the options with the fewest votes is eliminated and that option’s votes shall be dealt with as follows—

(a) each vote cast by a voter who also ranked one or more of the remaining options shall be reallocated to that remaining option or (as the case may be) to the one that the voter ranked highest;

(b) any votes not reallocated shall play no further part in the counting.

(5) If after that stage of counting one option has more votes than the other remaining options put together, that option is selected.

(6) If not, the process mentioned in subsection (4) above shall be repeated as many times as necessary until one option has more votes than the other remaining options put together, and so is selected.

(7) If no option is selected at the first stage of counting, the returning officer shall, immediately after that stage, record and make publicly available the following information—

(a) the number of first-preference votes obtained by each option;

(b) which option was eliminated;

(c) the number of rejected ballot papers.

(8) Immediately after each subsequent stage of counting, except the final stage, the returning officer shall record and make publicly available the following information—

(a) the number of votes obtained by each option at that stage;

(b) which option was eliminated at that stage;

(c) the number of votes for the option eliminated at the previous stage that were not reallocated.’.

New clause 14—Counting of votes in the referendum—

‘(1) A voter votes by marking the ballot paper with—

(a) the number 1 opposite the name of the option that is the voter’s first preference (or, as the case may be, the only option for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the option that is the voter’s second preference, and so on.

(2) The voter may mark as many preferences (up to the number of options) as the voter wishes.

(3) This rule sets out how votes are to be counted, in one or more stages of counting, in order to give effect to the preferences marked by voters on their ballot papers and so to determine which options are selected.

(4) Votes shall be allocated to options in accordance with voters’ first preferences and, if one option has more votes that the other options put together, that option is selected.

(5) If not, the options with the fewest votes are eliminated and that option’s votes shall be dealt with as follows—

(a) each vote cast by a voter who also ranked one or more of the remaining options shall be reallocated to that remaining option or (as the case may be) to the one that the voter ranked highest;

(b) any votes not reallocated shall play no further part in the counting.

(6) If no option is selected at the first stage of counting, the returning officer shall, immediately after that stage, record and make publicly available the following information—

(a) the number of first-preference votes obtained by each option;

(b) which option was eliminated;

(c) the number of rejected ballot papers.’.

New clause 15—Commencement or repeal of amending provisions: Single transferable vote—

‘(1) The Minister must make an order bringing into force section (Single transferable vote system: amendments), Schedule (Single transferable vote system: further amendments) and Part 1 of Schedule 7 (Single transferable vote provisions) if—

(a) the answer “Single Transferable Vote” is selected in the referendum, and

(b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 8(6) (below) has been submitted to Her Majesty in Council under section 4 of that Act.

(2) If the answer “Single Transferable Vote” is not selected, the Minister must make an order repealing the single transferable vote provisions.

(3) An order under subsection (1) must bring the single transferable vote provisions into force on the same day as the coming into force of the Order in Council in terms of the draft referred to in paragraph (b) of that subsection.

(4) An order under subsection (1) may make transitional or saving provision.’.

New clause 16—Single transferable vote system: amendments—

‘(1) In Schedule 1 to the 1983 Act (Parliamentary elections rules), after rule 37 there is inserted—

“How votes are to be given

37A(1) A voter votes by marking the ballot paper with—

(a) the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the candidate who is the voter’s second preference,

and so on.

(2) The voter may mark as many preferences (up to the number of candidates) as the voter wishes.”.

(2) After rule 45 in that Schedule there is to be inserted—

“How votes are to be counted

45A(1) This rule sets out how votes are to be counted, in one or more stages of counting, in order to give effect to the preferences marked by voters on their ballot papers and so to determine which candidate is elected.

First stage

45B(1)The returning officer shall sort the valid ballot papers into parcels according to the candidates for whom first preference votes are given.

(2) The returning officer shall then—

(a) count the number of ballot papers in each parcel;

(b) credit the candidate receiving the first preference vote with one vote for each ballot paper; and

(c) record those numbers.

(3) The returning officer shall also ascertain and record the total number of valid ballot papers.

The quota

45C(1)The returning officer shall divide the total number of valid ballot papers for the constituency by a number exceeding by one the number of members to be elected at the election for that constituency.

(2) The result of the division under paragraph (1) (Ignoring any decimal places), increased by one, is the number of votes needed to secure the return of a candidate as a member (in this Schedule referred to as the ‘quota’).

Return of members of House of Commons

45D(1)Where, at any stage of the count, the number of votes for a candidate equals or exceeds the quota, the candidate is deemed to be elected.

(2) A candidate is returned as a member of the House of Commons when declared to be elected in accordance with paragraph 8(1).

Transfer of ballot papers

45E(1)Where, at the end of any stage of the count, the number of votes credited to any candidate exceeds the quota and, subject to paragraphs 5 and 8, one or more vacancies remain to be filled, the returning officer shall sort the ballot papers received by that candidate into further parcels so that they are grouped—

(a) according to the next available preference given on those papers; and

(b) where no such preference is given, as a parcel of non-transferable papers.

(2) The returning officer shall, in accordance with this paragraph and paragraph 5, transfer each parcel of ballot papers referred to in sub-paragraph (1)(a) to the continuing candidate for whom the next available preference is given on those papers and shall credit such continuing candidates with an additional number of votes calculated in accordance with sub-paragraph (3).

(3) The vote on each ballot paper is transferred under sub-paragraph (2) shall have a value (‘the transfer value’) calculated as follows—

where:

A = the value which is calculated by multiplying the surplus of the transferring candidate by the value of the ballot paper when received by that candidate; and

B = the total number of votes credited to that candidate, the calculation being made to five decimal places (any remainder being ignored).

(4) For the purposes of sub-paragraph (3)—

“transferring candidate” means the candidate from whom the ballot paper is being transferred; and

“the value of the ballot paper” means—

(e) for a ballot paper on which a first preference vote is given for the transferring candidate, one; and

(f) in all other cases, the transfer value of the ballot paper when received by the transferring candidate.

Transfer of ballot papers: supplementary provisions

45F(1) If, at the end of any stage of the count, the number of votes credited to two or more candidates exceeds the quota the returning officer shall—

(a) first sort the ballot papers of the candidate with the highest surplus; and

(b) then transfer the transferable papers of that candidate.

(2) If the surpluses determined in respect of two or more candidates are equal, the transferable papers of the candidate who had the highest number of votes at the end of the most recent preceding stage at which they had unequal numbers of votes shall be transferred first.

(3) If the numbers of votes credited to two or more candidates were equal at all stages of the count, the returning officer shall decide, by lot, which candidate’s transferable papers are to be transferred first.

Exclusion of candidates

45G(1) If one or more vacancies remain to be filled and—

(a) the returning officer has transferred all ballot papers which are required by paragraph 5 or this paragraph to be transferred; or

(b) there are no ballot papers to be transferred under paragraph 5 or this paragraph, the returning officer shall exclude from the election at that stage the candidate with the then lowest number of votes.

(2) The returning officer shall sort the ballot papers for the candidate excluded under sub-paragraph (1) of this paragraph into parcels so that they are grouped—

(a) according to the next available preference given on those papers; and

(b) where no such preference is given, as a parcel of non-transferable papers.

(3) The returning officer shall, in accordance with this article, transfer each parcel of ballot papers referred to in sub-paragraph (2)(a) to the continuing candidate for whom the next available preference is given on those papers and shall credit such continuing candidates with an additional number of votes calculated in accordance with sub-paragraph (4).

(4) The vote on each ballot paper transferred under sub-paragraph (3) shall have a transfer value of one unless the vote was transferred to the excluded candidate in which case it will have the same transfer value as when transferred to the candidate excluded under sub-paragraph (1).

(5) This paragraph is subject to paragraph 45H.

Exclusion of candidates: supplementary provisions

45H(1) If, when a candidate has to be excluded under paragraph 6—

(a) two or more candidates each have the same number of votes; and

(b) no other candidate has fewer votes, sub-paragraph (2) applies.

(2) Where this sub-paragraph applies—

(a) regard shall be had to the total number of votes credited to those candidates at the end of the most recently preceding stage of the count at which they had an unequal number of votes and the candidate with the lowest number of votes at that stage shall be excluded; and

(b) where the number of votes credited to those candidates was equal at all stages, the returning officer shall decide, by lot, which of those candidates is to be excluded.

Filling of last vacancies

45I(1)Where the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates are deemed to be elected.

(2) Where the last vacancies can be filled under this paragraph, no further transfer shall be made.

By-elections

45J(1) Where a vacancy occurs in any constituency, paragraphs (45A) to (45H) apply to the subsequent by-election.

(2) Where more than one vacancy exists in a constituency when a writ for a by-election in that constituency is moved, only one by-election is to be held for the vacant seats and this rule applies as if the number of members to be elected is the total number of seats vacant in that constituency.”.’.

New schedule 1—The single transferable vote system: further amendments—

Part 1

Amendments of the parliamentary elections rules

1 Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

2 For rule 18 (poll to be taken by ballot) there is substituted—

“18 The votes at the poll shall be given by ballot in accordance with rule 37A below, the result shall be ascertained in accordance with rule 45A below and the successful candidate shall be declared to have been elected.”.

3 In rule 29 (equipment of polling stations), in paragraph (5), for the words after “the notice” there is substituted—

“Remember—use 1, 2, 3, etc... at this election—this is an election using the Single Transferrable Vote system.

Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate). You can also put the number 2 next to your second choice, 3 next to your third choice, and so on. You can mark as few or as many choices (up to the number of candidates) as you wish.

Do not use the same number more than once.

Put no other mark on the ballot paper, or your vote may not be counted.”.

4 In rule 44 (attendance at counting of votes), in paragraph (5), for “the candidate for whom the vote is given” there is substituted “the candidates to whom votes are allocated under rule 45A below”.

5 (1) In rule 46 (re-count), for paragraph (1) there is substituted—

“(1) At the time when any stage of the counting or re-counting of the votes is completed, a candidate or candidate’s election agent who is then present may request the returning officer to have the votes re-counted or again re-counted in respect of any or all of the stages so far completed.

(1A) The returning officer may refuse to comply with a request under paragraph (1) above if in the officer’s opinion it is unreasonable.”.

(2) In paragraph (2) of that rule, after “on the completion of” there is inserted “any stage of”.

(3) After that paragraph there is inserted—

“(3) At any time before the declaration of the result, the returning officer may, if the officer thinks fit, have the votes re-counted or again re-counted in respect of any or all of the stages.”.

6 (1) In rule 47 (rejected ballot papers), in the heading there is inserted at the end “and invalid markings”.

(2) In paragraph (1) of that rule—

(a) for sub-paragraph (b) there is substituted—

“(aa) on which the number 1 has not been marked against the name of any of the candidates, or

(b) on which the number 1 has been marked against the name of more than one candidate, or”,

(b) in sub-paragraph (d), for “void for unertainty” there is substituted “is marked in a way that does not indicate a clear choice as to the voter’s first (or only) preference”;

(c) for the words after that sub-paragraph there is substituted “shall, subject to the following provisions, be rejected as void and not counted at any stage.”.

(3) For paragraph (2) of that rule there is substituted—

“(2) A ballot paper on which a number is marked elsewhere than in a proper place shall not be deemed to be void for that reason alone.

(2A) If a ballot paper is marked with the same number (other than the number 1) against the name of more than one candidate, that number (each time it appears) and any numbers after the repeated numbers shall be ignored for the purposes of rule 45A above.

(2B) If—

(a) one or more preferences are validly marked on a ballot paper, and

(b) other marks are made on the paper which do not indicate a clear intention as to the voter’s next preference,

those other marks shall be ignored for the purposes of rule 45A above.

(2C) A ballot paper on which the voter makes any mark which—

(a) is clearly intended to indicate a particular preference for a particular candidate, but

(b) is not a number (or is a number written otherwise than as an Arabic numeral),

(2D) In paragraph (2C) above a reference to a mark includes a reference to more than one mark.

(2E) Paragraphs (2B) and 2(C) above apply only if the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified by it.”

(4) After paragraph (3) of that rule there is inserted—

“(3A) Where—

(a) any mark on a ballot paper is ignored by reason of paragraph (2A) or (2B) above, and

(b) the vote in question is not reallocated in accordance with rule 45A above, but would have been if the mark had been treated as indicating a preference for a remaining candidate,

the returning officer shall endorse the ballot paper in question with the words “not reallocated” and an indication of the stage at which the mark was ignored.

(3B) Where the returning officer endorses a ballot paper as mentioned in paragraph (3A), the officer shall add to the endoresement the words “decision objected to” if an objection is made by a counting agent to the decision.”.

(5) In paragraph (4) of that rule—

(a) for sub-paragraph (b) there is substituted—

“(aa) not marking the number 1 against the name of any of the candidates;

(b) marking the number 1 against the name of more than one candidate;”;

(b) for sub-paragraph (d) there is substituted—

(d) unmarked or marked in a way that does not indicate a clear choice as to the voter’s first (or only) preference.”.

7 (1) For rule 49 (equality of votes), and the heading, there is substituted—

“Equality of votes: which candidate to be eliminated

49(1) This rule applies to determine which candidate is eliminated under rule 45A(3) above in a case where—

(a) there are two or more candidates with fewer votes than the others but an equal number to each other, or

(b) there are three or more candidates, or remaining candidates, and they all have an equal number of votes to each other.

The candidates with an equal nunber of votes to each other are referred to in this rule as “the tied candidates”.

(2) The candidate to be eliminated where there has been a previous elimination is—

(a) whichever of the tied candidates was allocated the fewer or fewest votes in accordance with voters’ first preferences, or

(b) if that fails to resolve the tie, whichever of them had the fewer or fewest votes after the next stage of counting (if any),

and so on.

(3) Where there has been no previous elimination, or where there has been a previous elimination but the tie is not resolved under paragraph (2) above, the returning officer shall forthwith decide by lot which of the tied candidates is to be eliminated.

Equality of votes: which candidate to be elected

49A (1) This rule applies to determine which candidate is elected under rule 45A(4) or (5) above in a case where there are only two remaining candidates and they have an equal number of votes.

(2) The candidate to be elected is—

(a) whichever of the remaining candidates was allocated the more votes in accordance with voters’ first preferences, or

(b) if that fails to resolve the tie, whichever of them had the more votes after the next stage of counting (if any),

and so on.

(3) Where the tie is not resolved under paragraph (2) above, the returning officer shall forthwith decide by lot which of the remaining candidates is to be elected.”.

8 In rule 50 (declaration of result), in paragraph (1), for sub-paragraphs (a) to (c) there is substituted—

“(a) declare the number of votes obtained by each candidate (including any reallocated in accordance with rule 45A above), starting with the candidate with the fewest and proceeding in order to the candidate with the most;

(aa) declare which is the candidate who (in accordance with that rule is) elected;

(ab) declare the stage at which each eliminated candidate was eliminated and the stage at which the elected candidate was elected;

(b) return the name of the elected candidate to the Clerk of the Crown;

(c) give public notice of the name of the elected candidate, the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, the number of votes allocated to each candidate in accordance with voters’ first preferences, and for each subsequent stage of counting—

(i) the name of the eliminated candidate;

(ii) the number of votes reallocated to each of the remaining candidates, and

(iii) the number of votes of the candidate eliminated at the previous stage that were not reallocated.”.

9 In rule 53 (return of forfeiture of candidate’s deposit), in paragraph (4), for the words after “is completed,” there is substituted “the number of first preference votes obtained by the candidate is found to be not more than one twentieth of the total number of first-preference votes obtained by all the candidates.”.

10 (1) In rule 61 (deceased independent candidate wins), in paragraph (1), for “the majority of votes is given to the deceased candidate” there is substituted “the deceased candidate would have been elected (in accordance with rule 45A above) had he not died”.

(2) In paragraph (2) of that rule, for sub-paragraph (a) there is substituted—

“(a) declare the number of votes obtained by each candidate (including any reallocated in accordance with rule 45A above, starting with the candidate with the fewest and proceeding in order to the candidate with the most,

(aa) declare that the deceased candidate would have been elected had he not died,”.

(3) For sub-paragraph (c) of that paragraph there is substituted—

“(c) give public notice of the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, the number of votes allocated to each candidate in accordance with voters’ first preferences, and for each subsequent stage of counting—

(i) the name of the candidate eliminated,

(ii) the number of votes reallocated to each of the remaining candidates, and

(iii) the number of votes of the candidate eliminated at the previous stage that were not reallocated.”.

11 (1) For rule 62 (deceased independent candidate with equality of votes) there is substituted—

“62(1) This rule applies in relation to an election mentioned in rule 60(1) above.

(2) The reference in rule 45A(3) above to the candidate with the fewest votes, in a case where—

(a) there are two or more candidates with fewer votes than the others but an equal number to each other, and

(b) one of them is a deceased candidate,

shall be taken as a reference to the deceased candidate.

(3) The reference in rule 45A(4) or (5) above to the candidate with more votes than the other remaining candidates put together, in a case where—

(a) there are only two remaining candidates,

(b) those two candidates have an equal number of votes, and

(c) one of them is a deceased candidate,

shall be taken as a reference to the candidate other than the deceased candidate.

(4) Where paragraph (2) or (3) above applies, it applies in place of rule 49 or 49A above.”.

12 (1) The Appendix of forms is amended as follows—

(2) In the Form of Front of Ballot Paper—

(a) for “VOTE FOR ONE CANDIDATE ONLY” there is substituted—

“Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate).

You can also put the number 2 next to your second choice, 3 next to your third choice, and so on.

You can mark as few or as many choices (up to the number of candidates) as you wish.

Do not use the same number more than once.”.

(b) the numbers on the left-hand side are omitted, together with the vertical rule separating them from the particulars of the candidates.

(3) In the directions as to printing the ballot paper—

(a) in paragraph 2(a), for “the direction to vote for one candidate only” there is substituted “the directions beginning “Put the number 1 next to the name of the candidate who is your first choice” and ending “Do not use the same number more than once.””;

(b) in paragraph 2(b), for the words “the vertical rules separating those particulars from the numbers on the left-hand side and the spaces on the right” there is substituted “the vertical rule separating those particulars from the spaces on the right”.

(4) In the Guidance for Voters—

(a) for paragraph 1 there is substituted—

“1 When you are given a ballot paper go to one of the compartments. Put the number 1 on the ballot paper in the box to the right of the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate).

You can also put the number 2 in the box to the right of the name of the candidate who is your second choice, the number 3 in the box to the right of the name of the candidate who is your third choice, and so on. You can mark as few or as many choices (up to the number of candidates) as you wish. Do not use the same number more than once.”,

(b) in paragraph 2, the words “Vote for one candidate only.” are repealed.

Part 2

Amendments of other provisions of the 1983 Act

13 The 1983 Act is amended as follows.

14 (1) In section 66 (requirement of secrecy), in subsection (2)(b), for “the candidate for whom any vote is given on any particular ballot paper” there is substituted “how any particular ballot paper has been marked”.

(2) In subsection (3)(b) and (c) of that section, for “the candidate for whom” there is substituted “how”.

(3) In subsection (3)(d) of that section, for “the name of the candidate for whom he has or has not” there is substituted “how he has”.

(4) In subsection (4)(d) of that section, for “the candidate for whom any vote is given on any particular ballot paper” there is substituted “how any particular ballot paper has been marked”.

(5) In subsection (5) of that section, for “the candidate for whom” there is substituted “how”.

(6) Subsections (7) and (8) of that section are repealed.

(7) The amendments made by this paragraph do not apply to a local government election (within the meaning given by section 204(1) of the 1983 Act) in Scotland.

15 In section 113 (bribery), in subsection (7)—

(a) for “this section the expression” there is substituted “this section—

(a) the expression”;

(b) at the end there is inserted—

“(b) a reference to voting or refraining from voting, in the case of a parliamentary election, includes a reference to marking or refraining from marking preferences on the ballot paper;

(c) a reference to the vote of any voter, in the case of a parliamentary election, includes a reference to the marking of a voter’s preferences on the ballot paper.”.

16 In section 114 (treating), at the end there is inserted—

“(4) Subsection (7)(b) of section 113 above has effect for the purposes of this section as it has effect for the purposes of that one.”

17 In section 115 (undue influence), at the end there is inserted—

“(3) Subsection (7)(b) of section 113 above has effect for the purposes of this section as it has effect for the purposes of that one.”.

18 (1) In section 117 (savings as to parliamentary elections), in subsection (2)(b), for “to record his vote for any particular candidate” there is substituted “to vote in any particular way”.

(2) In subsection (2)(c) of that section, for “recording his vote for any particular candidate” there is substituted “voting in any particular way”.

19 (1) In section 139 (trial of election petition), in subsection (6) the words “the parliamentary elections rules or”, in both places, are repealed.

(2) After that subsection there is inserted—

“(6A) If the petition relates to an election conducted under the parliamentary elections rules and it appears that there is an equality of votes between any candidates (a ‘tie’)—

(a) rule 49, 49A or 62 of those rules (whichever is relevant) shall apply for the purposes of the petition;

(b) where under rule 49 or 49A the tie fails to be resolved by lot—

(i) any decision made by lot by the returning officer under that rule shall, in so far as it resolves the tie, be effective also for the purposes of the petition, and

(ii) in so far as the tie is not resolved by such a decision, the court shall resolve it by lot.”.

20 In section 165 (avoidance of election for employing corrupt agent), after subsection (3) there is inserted—

“(3A) In the case of a parliamentary election—

(a) a vote shall be deemed in accordance with subsection (3) above to be thrown away only to the extent that it indicates a preference (whether a first preference or any other) for the person who was under the incapacity, and

(b) any number on the voter’s ballot paper indicating a subsequent preference shall be treated as reduced by one.”.

21 In section 166 (votes to be struck off for corrupt or illegal practices), in subsection (1), for the words from “election there shall” to the end there is substituted “election, then on a scrutiny—

(a) there shall be disregarded any preference for the candidate (whether a first preference or any other) indicated by a voter who is proved to have been so bribed, treated or unduly influenced, and

(b) any number on the voter’s ballot paper indicating a subsequent preference shall be treated as reduced by one.”.

22 In section 199B (translations etc of certain documents), in subsection (6), for the words “in the case of a parliamentary election or” in paragraph (a) there is substituted—

“in the case of a parliamentary election, must have printed the following words both at the top and immediately below the list of candidates:

“Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate).

You can also put the number 2 next to your second choice, 3 next to your third choice, and so on.

You can mark as few or as many choices (up to the number of candidates) as you wish.

Do not use the same number more than once.”,

(aa) in the case of”.

Part 3

Amendments of other enactments

Political Parties, Elections and Referendums Act 2000 (c. 41)

23 In section 3A of the 2000 Act (four Electoral Commissioners to be persons put forward by parties), in subsection (7), for “votes cast for” there is substituted “first-preference votes obtained by”.

24 In section 1 of the 1986 Act (Parliamentary constituencies) in subsection (1), for “a single member” there is substituted “no fewer than three members except for constituencies named in Schedule 2, rule 6 of this Act”’.

Amendment 224, in title, line 3, after ‘vote’, insert ‘plus’.

Amendment 35, in title, line 3, after ‘system’, insert

‘or the single transferable vote system or the additional member system’.

Amendment 139, in title, line 3, leave out

‘if a majority of those voting in the referendum are in favour of that’

and insert

‘or the single transferable vote system if either option is selected in the referendum’. ‘

Caroline Lucas Portrait Caroline Lucas
- Hansard - -

I am pleased to move the amendment that stands in my name and those of the hon. Members for Clacton (Mr Carswell) and for Great Grimsby (Austin Mitchell). I welcome the fact that the Committee is at long last debating the possibility of a referendum on electoral reform, but it is crucial that the public choose the voting system, not the politicians. We do not often have referendums in this country, and now that we are planning to have one, the least that we can do is give people a real choice on their ballot papers. It is hugely disappointing that AV is the only alternative to first past the post in the Bill. As a result, the Bill fails to live up to the promise of genuine reform and of re-engaging people with the political process.

--- Later in debate ---
Lord Beith Portrait Sir Alan Beith
- Hansard - - - Excerpts

I have every sympathy with the hon. Lady’s amendment and the argument that she is putting forward. However, before she starts to attack the coalition, she must surely recognise that there is no possible coalition of parties that we could join in carrying through the present House of Commons a referendum that would allow people the choice of the single transferable vote, desirable though that would be, and her one-Member party in this House certainly cannot achieve that objective.

Caroline Lucas Portrait Caroline Lucas
- Hansard - -

I thank the right hon. Gentleman for his intervention, but perhaps I am more optimistic than he is. I hope that the power of argument might just wake up our fellow Members.

Austin Mitchell Portrait Austin Mitchell (Great Grimsby) (Lab)
- Hansard - - - Excerpts

Does my hon. Friend agree that what we are doing is repairing the damage done by the gutlessness of the Liberal Democrats? They did not have the guts or the integrity to include in the referendum a question on a system of proportional representation, which they always purported to believe in. We are allowing the people to speak out.

Caroline Lucas Portrait Caroline Lucas
- Hansard - -

Many millions of people in this country will be looking at what some Members do in the Committee this evening, and they will be looking with a degree of perplexity, given that what we hear many Members might do runs counter to what was in their manifestos.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson
- Hansard - - - Excerpts

I thank the hon. Lady for giving way; she is being very generous. If there was a groundswell of popular support for the single transferable vote, surely the Liberal Democrats, just after the election but before they entered the coalition Government, would have been able to persuade the Labour party to push through primary legislation to deliver the single transferable vote. However, that was not possible because, quite frankly, the single transferable vote is not generally supported by the voting public of this country.

--- Later in debate ---
Caroline Lucas Portrait Caroline Lucas
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I thank the hon. Gentleman for that intervention, but in fact there are plenty of opinion polls, conducted by the Electoral Commission and others, that show that there is a majority for electoral reform in this country. We are not saying that that necessarily means STV; we are saying that we should let the people decide. It is not right that politicians in this House should basically stitch up the question and then try to present people with a Hobson’s choice between two things, neither of which, as we know, people prefer.

Douglas Carswell Portrait Mr Douglas Carswell (Clacton) (Con)
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Given that it is not every day of the week—indeed, it is not every year—that we send out millions of ballot papers to millions of homes asking people to decide whether they want to change the electoral system, does my hon. Friend not agree that the least that we can do is allow them a proper choice, from the full spectrum, regardless of our personal preferences? Rather than confronting them with the politicians’ choice, we should allow them a full range of options.

Caroline Lucas Portrait Caroline Lucas
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I absolutely agree with the hon. Gentleman. In a way, it is pretty arrogant for Members to assume that the population do not have a view and cannot make a sensible choice. Are we really saying that first past the post is such a strong and popular system that it justifies such a narrow question? Recent history suggests that it is not. It is no accident that following the collapse of the Soviet Union, not one of the eastern or central European countries emerging from years of totalitarian rule chose the Westminster model. Similarly, is AV really the only system that we should consider if we want to change?

I acknowledge that the alternative vote system has a number of advantages over first past the post and that, in some respects, it represents a small step forward. The Electoral Reform Society has conducted a thorough analysis of AV, and I share its assessment that there are some positives. Those positives include the ability of voters to record a sincere first preference, thus reducing the need for tactical voting; the widening of the political choice available to the elector; and the disincentives that the system offers for parties to pursue core vote strategies that ignore the wishes of the majority of the electorate.

Angus Brendan MacNeil Portrait Mr MacNeil
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Does the hon. Lady agree that AV, which the Liberal Democrats have accepted and which they imagine to be a halfway house between first past the post and STV, is not a halfway house at all? I contend that it does not go even a quarter of the way towards STV—probably not even a tenth or a twentieth or a fiftieth of the way. It probably does not go even 1% of the way towards STV. The Liberals have been bought off more than cheaply.

Caroline Lucas Portrait Caroline Lucas
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I agree. The alternative vote represents a small step forward, but we should be very clear that it is not a proportional system. We owe it to the electorate to put before them a choice that includes a genuinely proportional system. The debate is wider than whether we should choose AV or first past the post. The relative merits of AV as against first past the post cannot be said to cover all the arguments in a modern debate about real electoral reform.

Lord Beith Portrait Sir Alan Beith
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The hon. Lady is making a constructive contribution, but she must face the fact that, if she were successful in carrying her amendment, there would not then be a majority in the House in favour of a referendum at all. That is surely not an outcome that she would want.

Caroline Lucas Portrait Caroline Lucas
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I find that incredibly disappointing and defeatist—[Interruption.] Well, it might be said that, had the terms of the coalition agreement been different, and had different priorities been at the top of the list, we might not have found ourselves in this situation. I believe that the role of politicians in this House is to do what we believe to be right, and I believe that it is right to give people this choice. That is what will be respected by the electorate.

Douglas Carswell Portrait Mr Carswell
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Does my hon. Friend not agree that there is something rather bizarre about the position of the Liberal Democrats? They have been arguing for STV for as long as anyone can remember, but, in order to cook up a coalition, they have abandoned their reformist credentials and are now happy to settle for something that is not even their preferred option.

Caroline Lucas Portrait Caroline Lucas
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I agree, and I very much hope that Liberal Democrat Members will follow us through the Lobby to support this amendment. Even if we do not win the vote tonight, this could become a self-fulfilling prophesy. If some Members are not willing to put their bodies where their mouths are, and are not prepared to fulfil the promises in their manifesto, we cannot be surprised that people lose faith in the political process. This amendment is about restoring faith in the political process; it is about trusting the electorate and delivering on promises to treat them a bit better.

My primary concern as we consider the Parliamentary Voting System and Constituencies Bill is that it is the public who should choose our voting system, not the politicians. That ought to be a principle around which we can all agree. We can argue about whether to adopt AV-plus, first past the post, the single transferable vote or the additional Member system, but the principle should be that it is for the people to decide.

Lord Jackson of Peterborough Portrait Mr Jackson
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Does not the real-world experience of the single transferable vote system show that deals are made by politicians in smoke-filled rooms after elections, after the people have had the opportunity to make their choices? One has only to look at the anecdotal evidence from such systems across the world to see that, in reality, the ordinary voter, having cast their ballot, is shut out from the business of governance. That is the result of the STV system.

Caroline Lucas Portrait Caroline Lucas
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That is an argument against STV, but I keep stressing that what we are talking about is the right of the public to choose the system. When they have that right, we can have the debate about whether STV does or does not lead to decisions being made in smoke-filled rooms. The hon. Gentleman’s assertion is rather ironic. He is concerned about what goes on in smoke-filled rooms, and perhaps he does not want the public to make any decisions on this. He does not want the fresh air of public opinion to be waved over our debate tonight, but that is exactly what should happen. That is why the public should decide.

Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
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Does the hon. Lady agree that, if we are going to spend £100,000 at a time when money is short, we should at least give the British people a full choice of options, rather than a limited one? That would represent better value for money. People have already had the opportunity to vote for a referendum on AV, when the Labour party put that proposal before them at the election. Sadly, we did not win the election, and there is no groundswell of support for a referendum on AV.

Caroline Lucas Portrait Caroline Lucas
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I absolutely agree. It is also important that we do not underestimate the public. Some say that voters cannot understand the different voting systems, but that is a very patronising position and does not bear scrutiny. Voters regularly manage to make the best of first past the post, for example, despite the fact that it fails to deliver seats that reflect the votes cast.

All the systems that appear in the question we suggest should be on the ballot paper have advantages and drawbacks, but none are so mind-bending that the public cannot be trusted to debate and, crucially, choose between them. We need to inject some health and optimism back into our political system, and we can do that if we give people the chance to have a real debate and a real choice. It should not be about whether or not there is sufficient agreement in this House for putting it to the public; it should be absolutely automatic that the public have the right to choose.

Ian C. Lucas Portrait Ian Lucas (Wrexham) (Lab)
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If the Tories and their allies were interested in genuine reform, would they not have produced a draft constitutional reform Bill? We could all have discussed it and consulted the public on it. Is not the reality that this is a shabby political deal between the Tories and their allies on the Government Benches to fix political advantage? The only party that knows it would benefit from an alternative vote system is the Liberal Democrat party

Caroline Lucas Portrait Caroline Lucas
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Unfortunately, I think that the hon. Member is right that this was a shabby political deal done in the very smoke-filled rooms that the coalition complain about.

Our political system is sick, I argue, and getting this question right provides the only road to real recovery. The system is sick because swing voters in just a tiny number of seats effectively decide who is going to run this country. It has resulted in the targeting of funding at marginal constituencies and voters in most other parts of the country being sidelined, if not ignored.

Douglas Carswell Portrait Mr Carswell
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My hon. Friend is being incredibly generous in giving way. Does she agree that if the amendment were accepted and people could vote for a single transferable vote system with multi-member constituencies, they would effectively be returning to the Disraelian idea of three-Member boroughs, which is a profoundly Conservative idea?

Caroline Lucas Portrait Caroline Lucas
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Well, I thank the hon. Member, but I perhaps agree with that slightly less than with some of his other more constructive interventions.

Let me return to my final point, which is about more than what kind of voting system we select, as it is about reconnecting with the public. It is not long ago that we went through the expenses scandal and gained the sense that people were very disillusioned with this House and wanted MPs to clean up politics—whatever their preference of voting system. That is why I hope colleagues will support this amendment to depoliticise the question and give voters the option to express their real views on what electoral system we should have.

Parliament came to seen with contempt by many, because it was seen to be acting in its own interests and not those of the people whom it was supposed to serve. If this amendment is rejected, people will reach the same conclusion once again—that Parliament is acting in its own interests rather than trusting the public to make a decision. A stitched-up referendum that denies people a real choice smacks of the old politics. Tonight we have an opportunity to create a healthy system, based on respect for the electorate and the creation of a real debate on a real question. I urge hon. Members to support amendment 7.

Mark Harper Portrait Mr Harper
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I want to speak to Government amendments 230, 231 and 232, which relate to the question, and I note that similar provisions were tabled by members of the Political and Constitutional Reform Committee, so their names have been added to the Government amendments. For every referendum held under the Political Parties, Elections and Referendums Act 2000, the Electoral Commission has a statutory duty to consider the wording of the proposed referendum question and to publish a statement of its views on its intelligibility. Where the question is contained in a Bill, this duty is triggered when the Bill is introduced and the report has to be submitted as soon as reasonably practicable after that. The commission completed the process for the referendum on the current voting system on 30 September.

--- Later in debate ---
Mark Harper Portrait Mr Harper
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I am very interested in my right hon. Friend’s views. Having a great deal of respect for the Welsh language, and being frank about my inability to speak it, I did not want to abuse it by reading out the Welsh version of the question. I did not intend to do that, and I am not going to do so. I have taken the precaution of talking to my hon. Friend the Under-Secretary of State for Wales. He is a Welsh speaker, and he has consulted a number of colleagues. We do not think there is a problem with the language. The Electoral Commission did highlight one potential problem to do with the yes/no question and words such as “should” and “should not” in Welsh. It felt that there was a risk but that, on balance, this was an improvement. We have taken its analysis on board and we have accepted its drafting rather than changing it, because if we were to change it we would have to go through another process of assessing the accessibility.

The Government consider that the new version is no less neutral than the previous one. We do not think it alters in any way the choice that the question puts to the public, but we do think it is clearer and easier to understand, which is why we have accepted it. Our amendments therefore insert the new question into clause 1 in English and Welsh, and it is replicated in English only in the form of the ballot paper, which is addressed in schedule 2. This is supported by members of the Political and Constitutional Reform Committee, and I hope the House will support it as well.

Let me make a point about amendment 7, to which the hon. Member for Brighton, Pavilion (Caroline Lucas) spoke. It refers back to the point to which the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) drew attention. They were both right that many Liberal Democrat colleagues support either the single transferable vote or some other form of proportional system, whereas most Conservative party colleagues do not. The nature of a coalition Government is that we have to reach a compromise, however, and the compromise we have reached is that Conservatives have agreed to put the choice to the public and Liberal Democrats have had to accept that although they have a vote on a system that they prefer to first past the post, that is not everything they would have hoped for. It has been rightly said that there is not a majority in this House in favour of putting a referendum question to the public on proportional representation, and I think Liberal Democrat colleagues have been entirely sensible in reaching a compromise—as, I think, have Conservative colleagues as well. We on the Government Benches are clear that we want to put this question to the public. I agree with the hon. Lady that the public, not politicians, should choose the voting system. We are going to give that choice to the public and see whether they want to stick with the existing system or change it.

Caroline Lucas Portrait Caroline Lucas
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I do not quite understand how the Minister can say he is happy for the public to make the decision at the same time as closing down the very options that the public will make that decision on. I think that, again, we have to say that this is about trusting the public. It is not about what the Government or the Lib Dems want, or what any individual Members want. It is about giving the public the right to choose.

Mark Harper Portrait Mr Harper
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The hon. Lady has chosen a selection of things to put in front of the public in her amendment; it is just a different choice from that proposed by the Government. It is no more or less the choice of the public, however. Unless we were to have a ballot paper that listed every single possible electoral system in the entire universe that has ever been thought of, it will always, to some extent, be a choice designed by politicians.

Mark Harper Portrait Mr Harper
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Let me just finish responding to the previous intervention. Those on this side of the House have made a judgment, we are going to put that question to the public, and members of the coalition parties will then campaign vigorously. I think I have detected that Opposition Members too will be on both sides of the debate. We will have that battle and the public will make a decision.

Caroline Lucas Portrait Caroline Lucas
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I just wish to explain that the options we have proposed for the ballot paper are not ones that we picked out of a hat at random. We were trying to create a set of questions that were most likely to be acceptable to the House by, for example, including both AV, because that was what was in the original question, and those existing electoral systems already used in some form or another in the United Kingdom. We were not proposing a random set of choices. Of course we cannot give 100 different options, but we can propose those voting systems that people in this country are more or less familiar with, perhaps because they have voted for the Welsh Assembly or the Scottish Parliament. There is a rationale behind what we are doing, and this is not a random set of options.

Mark Harper Portrait Mr Harper
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It sounds as if the hon. Lady and those on the Government Benches are doing the same thing; we are putting to the House amendments that we think will get support. If she wishes to test hers and we test ours, we will see which of us has made the right judgment about which will get the support of the majority of Members in this House.

Superannuation Bill

Caroline Lucas Excerpts
Tuesday 7th September 2010

(13 years, 8 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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I too shall be brief, because I know that time is short, and one way in which I can be brief is by associating myself with the eloquent remarks of the hon. Member for Hayes and Harlington (John McDonnell), who is no longer in his place.

I am glad to have the opportunity to speak, as more constituents have written to me to express concern about changes to the civil service compensation scheme than have written to me about any other issue since I was elected in May, so I am very keen to ensure that they are properly represented here today. There is a palpable sense of anger and disillusionment among public servants, and a real feeling that they are being made to pay for an economic crisis that was not of their making.

My constituency in Brighton is home to a large number of civil servants. Under their current compensation scheme, they have accrued rights that will simply be scrapped—torn up and thrown away—by the Government’s proposals, despite the court ruling that a failure to recognise accrued rights is unlawful, and that any amendments to the civil service compensation scheme must be made on the basis of agreement by all the relevant unions.

Morale in the civil service is at an all-time low. One Brighton Pavilion resident who came to see me in my constituency a few weeks ago put it like this:

“Many civil servants will, like me, have planned their finances on the basis that their jobs were reasonably secure and that if they did become surplus to requirements they could rely on a particular level of compensation. I have not, for example, taken out any insurance against not being able to continue to pay my mortgage through loss of employment. The government’s plans for deficit reduction mean that civil service job security is now very questionable, whilst the Bill puts paid to the second part of my planning assumption. I feel unsettled and vulnerable at this unilateral change in what I had thought was the deal with my employer.”

From his words we get a clear sense of a bargain being broken, of a contract being unilaterally torn up and of people being treated as if they were expendable, which is particularly hurtful to many civil servants who have given many years of loyal service. His words also highlight the anxiety and uncertainty that permeates the civil service, particularly those who face a future in which they might not be able to work again.

As many have said in today’s debate, the lowest paid will suffer most, and there are many of them. The Minister for the Cabinet Office himself acknowledged that

“large numbers of civil servants are not very well paid—half of them earn £21,000 a year or less”.—[Official Report, 14 July 2010; Vol. 513, c. 932.]

Yet the scheme before us offers them no protection, and that is the key problem. Its proposals are fundamentally unfair and unjustifiable.

I should like to discuss the context of these changes, because the public sector already faces unprecedented uncertainty in the form of cuts and redundancies under the coalition’s policy of deepening and accelerating the previous Government’s cuts programme. Surely the very least that the public sector can expect is to be given a proper voice in negotiations and the chance to agree a fair settlement.

As with so many of the swingeing cuts on the table, there is a perception that the planned changes to the civil service compensation scheme are not just about saving money; they are also seen by many as an attack designed to weaken the public sector—the same public sector that, for now at any rate, is the backbone of our education system and health service. It also includes civil servants who keep up and running services such as Brighton county court family centre, the Brighton and Hove learning partnership and the city’s benefits service.

I end by pondering the irony of the fact that so many of the civil servants who will be adversely affected by the planned changes to the compensation scheme and to jobs, and by the service cuts, actually work for Her Majesty’s Revenue and Customs. Surely it would be much fairer to help reduce the national deficit by keeping those HMRC workers in their jobs and enabling them to collect and crack down on the £100 billion a year in unpaid and dodged taxes—tax evasion and tax avoidance. That would save public sector jobs and protect working conditions in the process.

In the meantime, it is clear tonight that many of us are not prepared to stand by and see the vast majority of the civil service pay disproportionately for the economic crisis. That is why I shall vote against the Bill.