Parliamentary Voting System and Constituencies Bill

Debate between Chris Bryant and Lord Mann

Tuesday 2nd November 2010 Commons Chamber

[John Mann]

rose—

[Chris Bryant]

I am not so sure actually. No, I give way to my hon. Friend the Member for Blackley and Broughton (Graham Stringer).

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[Chris Bryant]

She no longer wants me.

As the hon. Member for Stone said earlier, two different thresholds are proposed. One is that there will be a 25% yes threshold—that is, that we would have to secure 25% of the electorate to count for a yes, and that can be found in amendment 197. The other is the turnout referendum of 40% that the hon. Gentleman has already proposed. I think that it would be inappropriate to move forward with either of the two thresholds and I urge hon. Members to vote against them.

[John Mann]

Like my hon. Friend, I am a supporter—and always have been—of AV. He mentioned the Labour party, and of course the Labour party has no policy, but has not the Labour movement long held the principle that in trade union rule changes there should be a threshold precisely because rule changes are irreversible, in that they must be implemented? Should not the principle of a threshold mean that the Government should be looking for significantly more than 326 votes on Third Reading tonight to demonstrate any kind of support for this rotten Bill?

Parliamentary Voting System and Constituencies Bill

Debate between Chris Bryant and Lord Mann

Monday 1st November 2010 Commons Chamber

[Chris Bryant]

My hon. Friend the Member for Cardiff West (Kevin Brennan) knows perfectly well that I entirely agree with him. I note that at least 12 Labour Members have not yet been able to speak, and that is why I will speak very briefly now.

Let me just say this to the Government. The danger is that in their desire to create mathematically perfect constituencies and to allow only 5% of leeway to the boundary commissions, and in creating the exemptions for three seats in Scotland, they will undermine the three Scottish constituencies and make them seem like rotten boroughs. The Government will make the whole country look like a mathematical exercise, and not like anything that recognises the facts of life.

When miners went down the mines in the Rhondda in the 19th and 20th centuries, they had a number stamped on their miners’ lamps. The people of this country do not want to be just numbers on a miner’s lamp. The people of this country want to be recognised for the constituencies and the communities that are represented in it, and it is their voices that should be heard in the House rather than just the statistics with which the Minister agrees.

[John Mann (Bassetlaw) (Lab)]

On a point of order, Mr Deputy Speaker. You said in response to the point of order of my hon. Friend the Member for Cardiff West (Kevin Brennan) that a point about who gets to speak is not a point of order for the Chair. A point about which amendments are selected is, however, a point of order for the Chair. My amendment to this part of the Bill deals with the same kind of special privilege that other Members have addressed in their amendments, but it was not selected. I appreciate that the Chair has a difficult task. However, my point of order is: if this Bill had been taken in full Committee, would not my amendment have been allowed and debated?

Parliamentary Voting System and Constituencies Bill

Debate between Chris Bryant and Lord Mann

Monday 25th October 2010 Commons Chamber

[Chris Bryant]

If we are talking about this legislation, then, yes, probably. The hon. Gentleman makes a serious point: there is a difficult period at the beginning of a Parliament in which a Government have to go from standing still to providing legislation. I fully understand that, but it is ill-advised to introduce major constitutional legislation at that time. I do not understand the rush with this legislation. I presume he hopes that it will not be needed until 2015, if AV is agreed to and the constituencies are all redrawn, because I am sure that he supports the five-year terms in the Fixed-term Parliaments Bill. There is no particular rush and this could all have been done at a slightly more leisurely pace. That would have improved the general feel of the way in which the Government are conducting this constitutional reform. Let us be clear: the party that would like to help, in some regards, those who want to reform the way in which we do politics in this country is sitting on the Opposition side of the House. The hon. Gentleman and I could be allies on many issues of constitutional reform, but the way in which the Government, particularly the Deputy Prime Minister, have approached many of these issues has made that far more difficult for us.

[John Mann (Bassetlaw) (Lab)]

rose—

[Chris Bryant]

I give way to my hon. Friend, who probably does not agree with my last sentence.

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[John Mann]

I do not agree with my hon. Friend’s use of the adjective “ill-advised”. A more appropriate description might be “anti-democratic and gerrymandering in order to hold together this fragile and useless coalition.” I point out that in a by-election last Thursday, the Liberals’ share of the vote fell to 2% in my area.

[Chris Bryant]

My hon. Friend is almost getting into Rhondda territory. I think there is only one parliamentary constituency in which both the Conservatives and the Liberals have lost their deposits in the past 10 years—the Rhondda. [Interruption.] That was not at this general election, but the last one. I am sure that we will return to that situation at the next general election.

Returning to the Northern Ireland issue, the Government want everything to happen on the same day next May, but we think that is inappropriate and that is why we have tabled these amendments. We have tabled two other amendments to new clause 20: amendments (c) and (d). Amendment (c) would leave out lines 35 to 39, concerning a local referendum and a mayoral election in England. The Minister might enlighten us later on why the Government felt it necessary to include those measures. Are they expecting mayoral elections or local referendums on that date? If there are to be local referendums in England on the same day as an AV referendum, there will be a right old muddle. Most voters do not spend their waking hours, let alone their sleeping hours, worrying about the constitutional settlement in Britain. For the most part, they are more interested in other aspects of their lives than in the political machinations of Westminster or any other part of the constitution. That is why they often choose not to focus on the specifics until a late stage in the process. I am sure we have all had people come up to us two days before an election, saying, “I’m not registered to vote but I really want to vote in the election.” I am glad that one of the changes we introduced during the past 13 years was to make it easier for people to register after an election had been called. Far more people now register.

I am also glad that we made it easier for people to obtain postal votes. In the past, if someone wanted to vote by post, they had to have the application signed off by a medical practitioner of some kind, and in many parts of the country doctors and nurses charged £6 to sign the form. That meant that large numbers of poorer voters did not apply for a postal vote and were disfranchised, which is why it is all the more important to make sure there is clarity and consistency in the Bill.

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[Chris Bryant]

Yes, I agree. In addition, someone could have applied for a postal vote for one or other of the elections—the referendum, or the Assembly or Scottish Parliament elections. When their postal vote arrives for one of the elections, they might presume that it is the only election happening that day—most people do not obsess about whether there will be more than one election on a given date. They might feel they had been told that was their only chance to vote, so they would vote only in one or other of the elections. That is another complexity that could arise, which is why later on I shall refer to some of the amendments we have tabled on polling cards. We have to follow through the whole process. At the moment, I am referring to new schedule 2 as it relates to England, but later I shall discuss Wales, Scotland and Northern Ireland, where some of the same issues could arise, albeit in a slightly different format.

[John Mann]

I congratulate my hon. Friend on his proposed amendments to new schedule 2. I am attempting to follow his logic. Is he saying that amendment (b), which is on postal voting, could save on bureaucracy and red tape compared with the Government’s proposal?

[Chris Bryant]

Undoubtedly so, and that is one reason for my proposal. However, we sometimes overstate our concerns about the cost of elections. It is sometimes more important to say that we need the right regulations to provide clarity to voters. Holding several polls at the same time in the same polling station or by postal ballot adds complexity, which is not in the interests of good democracy. Incidentally, I am sure that if any of the hon. Members who act as observers of elections in other countries saw that situation, they would say, “The provision of postal votes was a complete and utter mess.”

[John Mann]

I accept my hon. Friend’s point that cost is not everything, but that is not what we have heard from those on both sides of the House in recent times. Does he agree that there is also an opportunity cost, because the returning officer and his or her staff will lose time on additional bureaucracy in the important run-up period to an election when they should be engaging properly with the electorate if the Government, with their ongoing lack of common sense, fail to accept amendment (b)?

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[Chris Bryant]

I do not understand why the hon. Gentleman is supporting the Government’s position. The Government say that where the counting officer thinks fit, he or she should be allowed to combine the polling cards. Logically, if the hon. Gentleman is to follow his own argument, he should have tabled an amendment that deleted that element and stated that there should always be separate polling cards.

The difficulty is that many people think they must have a polling card to be able to vote, which is not the case. If people have lost one of their polling cards—for instance, their referendum or their local election polling card—the danger is that they will think they are able to vote in one, rather than both. That is why it would be better to combine.

[John Mann]

I am following my hon. Friend’s logic, though he is beginning to lose me. Surely if there were more than one polling card per election, the chance of losing the polling card would be reduced, and more of our voters would turn out and vote because they have a polling card. Is he not proposing an anti-Labour amendment?

[Chris Bryant]

It is not those of us on the Opposition Benches who table partisan amendments. Only those on the Government Benches table partisan legislation. It is not my intention to benefit or disbenefit anybody, other than benefiting the ordinary voter who wants to be able to cast their vote in as many elections as they choose.

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[Chris Bryant]

Schedule 2 relates only to England, and the Post Office does not make such deliveries. Most local authorities use council staff to deliver polling cards. That is certainly true in some parts of England. I have a concern that with many fewer council staff, following the cuts that are likely to come, it will be more difficult for them to do so.

My basic point is that the returning officer should make it clear to each voter that they can vote in X election, Y election and the referendum, and that they can take their pick whether they want to take part in all of them, and whether they want to vote by post or turn up. Providing one piece of paper would make more sense than providing two, three, four or whatever to each voter. That might also save paper and administrative costs.

Incidentally, since each polling card must show the voter’s name, address and polling number and the address of the polling station, there is no reason why it should not state clearly which ballots that voter can take part in. That would meet what I think will be quite a complex issue—the fact that the franchise for the referendum is different from that for any of the other elections taking place on the same day.

Still on new schedule 2, which relates to England, our amendment (e) deals with separate ballot boxes. The Government state in paragraph 18:

“(1) If the counting officer thinks fit”—

a phrase they often use—

“the same ballot box may be used at the polls for the referendum and the relevant elections.

(2) Where separate ballot boxes are used, each must be clearly marked to show—

(a) the poll to which it relates, and

(b) the colour of the ballot papers that should be placed in it.”

That is wholly inappropriate. It would make far more sense to have separate ballot boxes for the referendum and for the relevant elections. The Government already say that the colour of the ballot papers should be different, so it would mean greater simplicity for voters to be able to turn up to a polling station, get, let us say, a light green ballot paper for the referendum and a white ballot paper for the local election in England, and see a little sign saying that green ballot papers go into one box and white ballot papers into another. I should have thought that that would make the process of verification of votes simpler for the vast majority of returning officers and counting officers.

[John Mann]

Aside from the problems that would be caused to those, including Members of the House, who are colour blind, why is my hon. Friend putting such additional complexities on voters, including elderly voters who may well have eyesight problems? Some voters in their 80s or 90s choose to go to the polling station. Why put complications in the system of voting? Where is the logic?

[Chris Bryant]

I do not think I am making the system more complex. It makes the system more complex if there is just one ballot box for two completely different sets of propositions. There will be two different electoral registers—we will come to the issue of electoral registers later—and those who can vote in one ballot will not be the same as those who can vote in another. To make sure that the ballot is correct, and that people are not given ballot papers when they are not entitled to them, and to make sure that the administration of the counting of the votes can take place properly, it would be better to have separate ballot boxes.

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[Chris Bryant]

I am glad that my hon. Friend was returned with a decent majority; there cannot have been too much of a problem. None the less, I think that my amendment would provide greater clarity.

Amendment (f) to new schedule 2, entitled “Combination of polls: England”, relates to the publicity provided in polling stations. Polling stations contain some information about how people are to vote, mark their vote and all the rest of it. Our simple point is that there should be similar information on the referendum. Our amendment reads:

“The Electoral Commission are to supply posters to be displayed in every polling station used for the referendum, which give neutral information on first past the post and alternative vote systems that are the subject of the referendum, subject to agreement by the Speaker’s Committee on the Electoral Commission.”

The only additional element that need concern us is our suggestion that the matter be referred to the Speaker’s Committee on the Electoral Commission. We suggest that simply because what might not look to one person like a partisan presentation of the case for the alternative vote or first past the post might do so to the weathered eye of a politician. That is why information should be provided in the polling station. However, anything trying to explain the two voting systems should have been agreed by those here who represent different sides of the argument on the referendum.

Amendment (g) relates to registers. The Government’s measures allow for a single electoral register in the polling station. A voter will come in, provide their name and address—in Northern Ireland, they have to provide more information—or their polling or identifying number, and then be given the relevant number of ballot papers. The problem is, however, that the franchises are different. In Newport, for instance, 1,000 voters will be able to vote in the Welsh Assembly elections who will not be able to vote in the referendum. The Government’s provisions allow for that by suggesting that one mark be made against the names of those voting in all of the elections, and another against those of anyone who chooses not to vote, or who cannot vote, in one or more of them. That will lead to instances in which people are given ballot papers inappropriately. We have all heard of instances when that has happened because there has been a shared register. I therefore urge the Government to accept separate registers for the separate franchises. That is the best way to ensure that there is no inappropriate giving of ballot papers to people who cannot vote in one or other of the polls.

[John Mann]

On this occasion, my hon. Friend has not lost me with his amendment, although I am astonished at where it has originated. Will he explain exactly how it will be more effective and quicker for staff at a polling station to have two separate registers, given that they will not know which elections people are eligible to vote in, and especially given that, under another of his amendments, voters would have only one polling card to present? Would his amendment (g) not lead to the possibility of queues not just at 10 o’clock but throughout the day, with people trying to find out whether they were eligible to vote, because staff would have to check two registers rather than one?

[Chris Bryant]

No, what should be happening is this: a voter eligible for one election presents themselves at a polling station and goes to the electoral registration officer, who marks them off on the list and gives them a ballot paper for just one election. If the voter is eligible for the second election, the officer marks them off on the other list and gives them the relevant ballot paper. That is not vastly different. It simply means separate marked registers for each election, which will lead to fewer confusions about who is entitled to vote in each election.

[Chris Bryant]

It depends which kind of Liberal Democrat it is. If they are from one side of the street, they will say one thing, and if they are from the other side, they will say exactly the opposite. Anyway, people with rosettes will not be in the polling stations advising people. It is not a good idea for people with partisan affiliations to be telling people whether they can vote when they turn up at a polling station. However, I note that that is the partisan direction in which the Liberal Democrats are going. I had thought better of the hon. Gentleman.

[John Mann]

I remain mystified, because my hon. Friend is now saying that there is an issue with the marked register. Does the issue with the marked register not relate to how postal votes, particularly late postal votes, are added to the marked register, not to whether a European vote can be identified on the register?

[Chris Bryant]

I think my hon. Friend misunderstands the situation. The Government want a single register with the officer deciding how many elections a person may vote in. I am suggesting two registers, one for the referendum and one for all the other elections, because the franchise for the elections would be the same. That would provide greater clarity when people are voting. [Interruption.] It would be the same in England. We are discussing new schedule 2, as I am sure the Minister, who is quietly chuntering in his charming way, will acknowledge.

Parliamentary Voting System and Constituencies Bill

Debate between Chris Bryant and Lord Mann

Wednesday 20th October 2010 Commons Chamber

[John Mann]

Have we not now reached the crucial, salient point, which is that even in recent times Parliament has set not an absolute number, but a target—I believe that the last one was 613—for the Boundary Commission, so that an independent boundary commission, taking into account other criteria, can then set the boundaries? Is not the fundamental difference that this rather irregular Bill attempts to create an arbitrary number without building in that flexibility for an independent body to set this coherently?

[Chris Bryant]

My hon. Friend is absolutely right. This approach runs against the grain of how we have always done things in this House; the proposition has always been that representation in the British Parliament should be based on the communities that exist. There has been a recognition, first, that the shires needed representation. Irrespective of whether they were large or small, the shires always had exactly the same number of seats—at first they had two, then four for a while, then two again and briefly three. It was then said that towns had to be represented and the row was then about which towns genuinely represented communities. The big change in the 1832 Act was that this House said that we could not have rotten boroughs where, to all intents and purposes, there were no electors and the seat was granted by the landlord to whomever he thought fit, and instead we had to ensure that where there were genuine communities, they should have representation, with large communities having two seats and smaller communities having one.

In addition, specifically at the moments of union, this House decided that the communities involved needed representation. So under the Act of Union in 1536, when Wales was brought in, 44 Members of Parliament were allowed for Wales—it took them six years to get here, but they were here by 1542. After the Union with England Act 1707, Scotland had 45 Members—that was increased to 53 by the 1832 Act. Following the Act of Union (Ireland) 1800, Ireland had 100 Members, a number that subsequently increased to 105, reduced to 103 and was reformed again in the 20th century with the creation of the Irish Free State.

It is also important that we do not fix the number at 600 because of the way in which the Government have crafted their Bill. It rightly allows a certain flexibility, because the electorate of any constituency may be between 95% and 105% of the aimed-at electorate across the country.

Now, let us leave aside the question of whether it is right or wrong to be precise in one’s mathematics and whether a further provision should allow the Boundary Commission to say that where there is an overriding further concern, such as a geographical, cultural or political concern, further leniency or flexibility should be allowed. What happens if the Boundary Commission, when it starts its process in the south of England and works up through the country or, in the case of Wales, starts in the south and goes north—or starts in the north and goes south—decides that the first 20 constituencies are best representing 95% of the quota? Does it then have to start filling in some 105% of that quota? The danger is that it will end up having to start all over again. Every time there is a new Boundary Commission, it will have to start all over again, because there will be knock-on effects from one constituency to another.

That is why I think it is wrong to fix the number at 600. If hon. Members think there should be a precise equation between the electorate in constituencies, it would be better to say that every constituency should be roughly 75,000 electors, give or take 5% or 10%. The Boundary Commission could then conclude how many seats there should be as a result of that to meet the two requirements—first, getting close to the 75,000 and, secondly, any other overriding concerns.