European Parliament Elections Bill

Christopher Chope Excerpts

Friday 4th March 2016 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

I beg to move, That the Bill be now read a Second time.

I hope that this Bill will shortly be made redundant, because if we leave the European Union we will have no more European Parliament elections. We will then be able to centre our democracy on this Parliament, rather than having to defer to the Parliament of a supranational body. I will go no further than that, the Minister will be pleased to hear, in the debate about the European Union. In any event, those who are elected to the European Parliament should be properly accountable to their electors, but the existing system gives too much power to political parties and lists, and not enough to the people.

[Mrs Sheryll Murray (South East Cornwall) (Con)]

Does my hon. Friend agree that the allegiance of those elected to the European Parliament is to their party or group in that Parliament, not their national Governments?

[Mr Chope]

I am not sure that I do; if that is the situation, it is very unsatisfactory. Members of the European Parliament should be elected to represent their constituents, just as we are, but as soon as people become European Commissioners they have to give up their allegiance to their home country and do everything in the name of the Commission.

There are some good examples of Members of the European Parliament who are acting in their constituents’ interests. I hope that many more will do so. The Bill would help to facilitate that, as its purpose is to ensure that there is a system of open rather than closed lists. Anyone whose candidature was put before the electors could have a cross put beside their name and the elector would not just be ticking a list for a particular party membership.

At the moment, someone who wants to vote Conservative in the European elections in the south-west of England, where my constituency is, will have no say over the order of preferences for Conservative candidates. Someone who thinks that the fourth or fifth candidate on the Conservative party list is the best has no opportunity of voting for them because the list has been sorted out by the party in private sessions and a Conservative vote is deemed to be for the first candidate—and, if there are sufficient votes, the second candidate and so on. That is completely different from what most would see as a fair election, in which they can choose the candidate for themselves.

The present system gives a lot of undue power to political parties and makes it more difficult for strong and independent voices to get elected to the European Parliament. It also creates all sorts of perversities—for example, if someone elected on one party list to the European Parliament chooses to change party, as often seems to happen, they retain their position in the European Parliament, but for the different party, without any opportunity for the electors in their region to select somebody else.

[Bob Stewart (Beckenham) (Con)]

That system also seems to work here, which I think is wrong.

[Mr Chope]

It can work here, although my hon. Friend should remember the courageous move made by my hon. Friend the Member for Clacton (Mr Carswell). He said he did not wish to carry on as a Conservative Member and wanted to change his party allegiance. Before doing that, however, he sought the endorsement of the electorate in a by-election. That was a worthy approach. I hope that the mood is changing and that people will not feel that they can ignore the mandate given to them by their constituents and switch parties without reverting to their electors.

The Bill seems quite complicated in the sense that, although it has only three clauses, one clause has nine subsections, but I have been advised that that is the only way in which we can alter the existing system to introduce the open list system for elections to the European Parliament.

I look forward to hearing what my hon. Friend the Minister says. I expect him to preface his remarks by saying that he hopes we do not have any more European elections, but that, if we do, he can assure us that they are going to be more democratic than those we have had in the past.

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[Mr Wilson]

I note the hon. Gentleman’s comment, but I do not think we will be taking him up on his offer in the near future. The Government made a number of manifesto pledges in this area, and we are going to deliver on our pledges, including on all those involving electoral reform and boundary changes. I thank him, however, for his kind offer.

[Mr Chope]

My hon. Friend said that in the 2011 referendum the people of the United Kingdom overwhelmingly endorsed the first past the post system. Does he share my regret that the European Union is now preventing us from being able to reintroduce first past the post for European Parliament elections? What business is it of theirs? Why can we not decide that for ourselves?

[Mr Wilson]

As my hon. Friend will know, this country agreed to change the electoral system at European level from first past the post, and having done so it would be fairly disingenuous for the Government to go back on it at this stage. Although we may move to another system, we could not now go back to first past the post. I will make a few more comments about that in a moment.

It may help hon. Members if I set out some information about the history of the voting system used in UK elections for the European Parliament. As they will know, direct elections for the European Parliament first took place in 1979. From 1979 until 1994, such elections in Great Britain were held under first past the post. I am very keen to support that system, and I certainly supported it at the referendum in 2011. Great Britain was divided up into a number of single Member constituencies. At each election voters had one vote, and the candidate in each constituency who received the most votes was returned as the MEP for that constituency.

Since the first elections in 1979, the single transferable vote has been used in European elections in Northern Ireland. That reflects the long-standing practice of using proportional representation and specifically STV in Northern Ireland for elections other than to the House of Commons. My hon. Friend’s Bill proposes no change to the type of voting system used in Northern Ireland at European elections.

The Labour party manifesto for the UK general election in 1997, as the hon. Member for Caerphilly (Wayne David) said, gave a commitment to introduce proportional representation for European parliamentary elections. Upon taking office, the new Labour Government announced that they intended to introduce a regional list system for the European parliamentary elections. The European Parliamentary Elections Bill was introduced in Parliament by the then Government in October 1997.

That Bill proposed a system where a voter in each region would have one vote which could be cast for either a party or an independent candidate. Hon. Members may be aware that debate in Parliament centred on the type of list system to be used, with a number of attempts made to introduce a form of open list system, where voters would be able to vote for individual party candidates. The then Government’s preference was for a closed list system. Their concern about the open list system, as suggested by the then Opposition, was that there might be individual candidates who were not elected, while others from another party with fewer individual votes were elected because their party was more successful overall. In other words, voters’ preferences for individual candidates may not necessarily be translated into electoral success. This might call into question the legitimacy of some elected representatives.

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[Mr Wilson]

Obviously, the d’Hondt system is named after the Belgian lawyer who devised it as far back as the 1870s. It is what can only be described as a complicated system. It is certainly somewhat complicated for a simple layman like me. However, I would be very happy to arrange a seminar with officials for any hon. Member who seeks to understand the system in more detail than my remarks in the Chamber today have allowed. I hope that that satisfies the House.

[Mr Chope]

Will the Minister explain how the d’Hondt system relates to open lists?

[Mr Wilson]

I knew that if I mentioned the d’Hondt system I would get questions, but I am sure that my hon. Friend will be delighted to come to the seminar that I am arranging, and questions of that nature will be answered in great detail. We could arrange a two-day seminar if that would help.

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[Mr Wilson]

I will certainly try to do that. If the hon. Gentleman will forgive me, I will finish the section on returning officers first and then return to that point later.

The functions for which LROs are responsible include the printing of the ballot papers, unless the RRO directs otherwise. The Bill will impact on the design of the ballot paper at European elections. They also include: the appointment of presiding officers and poll clerks; the management of the postal voting system; and the verification and counting of votes. The Bill will have an impact on the counting process at European elections. LROs may appoint one or more deputies to assist them in carrying out their functions, although they cannot delegate their personal responsibility for delivering the election in their counting area. The chief electoral officer for Northern Ireland is automatically the regional returning officer for Northern Ireland and is responsible for running the poll there. I know the hon. Member for Ealing North is very keen to hear about Northern Ireland.

I should also say a few words about the roles of the Government and the Electoral Commission in running the elections. The Government are responsible for the legislative framework within which elections are run. For important reasons, the Government have no role in the administration of elections on the ground. Rightly, that is the responsibility of independent returning officers and the electoral administrators in their charge. The Government also have a role in the funding of elections, which I will come on to later. The proposals in the Bill would have an impact on the funding of European elections. The Electoral Commission’s duties include: providing guidance to electoral administrators to help them to carry out their functions in relation to the administration of elections; the setting of performance standards for these elections; and to report on elections once they have taken place.

Turning to the most recent European elections in 2014, the House of Commons Library research paper on the 2014 European elections in the UK, published in June 2014, provides the following summary of results on those elections as follows:

“The UK elections were held concurrently with council elections in England and Northern Ireland on 22 May. The UK now has 73 MEPs, up from 72 at the last election, distributed between 12 regions. UKIP won 24 seats, Labour 20, the Conservatives 19, and the Green Party three. The Liberal Democrats won only one seat, down from 11 at the 2009 European election. The BNP lost both of the two seats they had won for the first time at the previous election. Across Great Britain, UKIP were first with 27.5% of the vote. Labour came second with 25.4%, ahead of the Conservatives with 23.9%.”

It is good to see Labour coming second again—I could not resist that, I am sorry. It continued:

“Labour won the popular vote in Wales, while the SNP came first in Scotland. UKIP came first in six of the nine English regions, with their strongest performances in the East, the East Midlands, the South East and the South West. Sinn Féin won the most first preference votes in Northern Ireland. UKIP’s share of the vote increased by 11.0% points, while Labour’s increased by 9.7% points. The Conservative and Liberal Democrat shares fell by 3.8% points and 6.9% points respectively. UK turnout was 35.4%, slightly higher than 34.5% in 2009, but lower than 38.4% in 2004, when four regions held all-postal ballots.”

Let me comment on the features of the open list voting system, which is central to today’s debate. Under open list systems of proportional representation, electors still elect MEPs to multi-member electoral areas or regions, and will have one vote. However, the key difference between open list and closed list voting systems is that under an open list voting system, electors may cast their vote for an individual party candidate as opposed to a particular party, as happens under the closed list, or indeed an independent candidate.

The seats in each region are still allocated to parties or independent candidates in proportion to the total number of votes they receive—namely, for a party. The total sum of votes given to all the candidates standing for the party in the region will determine the total number of seats allocated. Under an open list system, seats are assigned to party candidates in the order of those receiving the highest number of votes. In some open list systems, voters may choose whether to vote for a political party or a particular candidate within that party’s list. The Bill, however, does not provide for that.

At this point, it may be helpful to inform our consideration of the Bill by saying a few words about the earlier review of the balance of competences, which addressed the voting system used for UK European parliamentary elections. Under the coalition Government in July 2012, the then Foreign Secretary launched the review of the balance of competences. It comprised an audit of what the EU does and how it affects the UK, and it was based on evidence from a range of stakeholders. The voting, consular and statistics report of the review was published in December 2014, and the call for evidence was open for three months from March 2014, while submissions of evidence were received from a range of stakeholders, including electoral administrators, academics, relevant non-governmental organisations and other organisations, and the devolved Administrations.

[Mr Chope]

Can the Minister spare us the pain of taking us through this very expensive and bureaucratic process? Would he accept that it was a complete waste of time?

[Mr Wilson]

Well, that is of course my hon. Friend’s opinion, but if we are to debate the issues in depth, I think it important to get everything out in the open and on the table, so that if the Bill goes any further later in this Parliament or in the next Parliament, we will have solid grounds on which to discuss these issues. I would therefore like to put these matters on the record.

On the voting system for the UK European parliamentary elections, the majority of respondents felt that introducing open list systems for those elections would be “a positive step”, although in view of what my hon. Friend the Member for Christchurch said earlier, he might not want me to say that. Some respondents also felt that a move to an open list system might be of benefit in better engaging electors. For example, this view was expressed by the Electoral Reform Society in its submission of evidence to the review.

Let me read out an extract from chapter 2 of the voting section of the report, which covers the voting system used for UK European parliamentary elections. [Interruption.] I can see the excitement coming from the hon. Member for Ealing North. He has sat up in his seat, bolt upright and to attention, desperate to hear what chapter 2 says. So, here goes:

“At the time of the introduction of the European Parliamentary Elections Act 1999, there was considerable debate in the UK Parliament on the issue of moving from the previous, constituency- based, first past the post system, to the closed list system in use for UK European Parliamentary elections today. The majority of this debate focused on the planned move to a closed rather than open list system of proportional representation.

Respondents expressed mixed views regarding the EU requirement for MEPs to be elected in accordance with the principle of proportional representation. One reason given for this was the potentially weaker electoral connection between MEPs and the electorate. Some attendees at a stakeholder event held in Brussels to discuss the issues in this report felt that the move from first past the post to proportional representation had weakened this link because voters did not select an individual to represent them directly. It was also noted that, given these arrangements and although MEPs do receive a significant amount of casework, electors were more likely to contact MPs in the first instance.

In contrast, the Electoral Reform Society stated that ‘it is correct that the EU only allows countries to use a proportional system…additionally, it is correct that an institution such as the European Parliament, which runs on consensus and scrutiny, should reflect the broad swathe of the British public’. The Scottish Government was also of the view that the requirement that all Member States adopted a system of proportional representation was reasonable. They felt that whilst it was sometimes suggested that first past the post systems created a closer link between candidates and the electorate, equally there was strong support for a proportional system which ensured that voters were more likely to see a candidate from their selected party elected.

The majority of respondents did, however, criticise the closed list system used in England, Scotland and Wales. A few attendees at the stakeholder event in Brussels saw the closed system as an advantage because ‘it gives voters some certainty as to the candidates most likely to represent them on behalf of a party, if that party was elected’. However, the general opinion across respondents was that the closed list system failed to ‘engage voters to the same extent as an open list system’. As the Electoral Reform Society highlighted, ‘polls suggest only around 7-10% of the public can name their MEP’. For this reason, some attendees at a stakeholder event held in London expressed a preference for the Single Transferable Vote (STV) system used in Northern Ireland, or for further research to be undertaken in this area. The Chief Electoral Officer for Northern Ireland noted in his evidence that ‘there are no real concerns about the lack of constituency links with regard to…MEPs’ in Northern Ireland.

The majority of respondents considered that to introduce open list systems (used elsewhere in Europe) for UK European Parliamentary elections would be a positive development; for example, the Electoral Reform Society felt that such a move to an open list system would be a ‘vast improvement’ This argument is reinforced in an article published in 2009 by academics Professor Simon Hix and Dr Sara Hagemann, which found that in those countries using open list systems electors were 20% more likely to be contacted by candidates or parties than in those states which used closed list systems. Electors were also 15% more likely to say that they felt informed about elections and 10% more likely to turnout. However in the main it was felt that a change to the current balance of competences was not necessarily the most effective way to achieve stronger links between individual candidates and electors”.

A number of respondents to the call for evidence expressed concerns about the current closed list voting system used at European parliamentary elections in Great Britain. However, as I said earlier, there have been no widespread calls for a change in the open list voting system; certainly, my postbag is not full of such requests. Also, this country recently voted against a change to the voting system used for Westminster parliamentary elections in the 2011 referendum on the alternative vote system. There does not appear to be a great appetite for change on the part of the public across the country, and we have to take that into account when we consider this issue.

As hon. Members are aware, EU legislation stipulates that all member states must adopt a proportional voting system for the European parliamentary elections using either a list system or single transferable vote. I understand that a small number of member states use the single transferable vote for European elections. The Republic of Ireland and Malta are examples of this. However, most member states use a form of list system, with both closed and open list voting systems being used to elect MEPs across the member states.

Seats in the European Parliament are allocated to member states on the basis of degressive proportionality. This is the principle that the distribution of seats to member states should, as far as possible, reflect the range of populations. Larger member states have a higher number of MEPs than smaller member states, but in turn, those MEPs represent a larger number of citizens. There is a minimum allocation of six MEPs for a member state and a maximum of 96. Germany is the member state with the largest number, with 96, while Estonia, Cyprus, Luxembourg and Malta each have six.

For the record, the current number of MEPs for each member state is as follows: Germany 96; France 74; United Kingdom 73; Italy 73; Spain 54; Poland 51; Romania 32; the Netherlands 26; the Czech Republic 21; Belgium 21; Greece 21; Hungary 21; Portugal 21; Sweden 20; Austria 18; Bulgaria 17; Denmark 13; Finland 13; Slovakia 13; Ireland 11; Croatia 11; Lithuania 11; Latvia 8; Slovenia 8; Cyprus 6; Estonia 6; Luxembourg 6; and Malta 6.

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[Mr Chope]

It has been a pleasure to listen for so long to my hon. Friend on the Front Bench. I think that he will be a worthy nominee to the European Commission, because he has today shown his capacity to make a bureaucratic mountain out of a veritable molehill. He has also, in the course of his speech, set out a number of very good reasons why we would indeed be better off leaving the European Union, for which I am grateful. He pointed out that even when all the United Kingdom’s MEPs vote in the same lobby, they have fewer than one in 10 votes, which means we will always be in a minority. We will always find that our national interest cannot be protected in the European Parliament because of the system we have. I hope that the Government will be saved the burden of having to examine the issue any further when the people decide to leave the European Union on 23 June. In anticipation of that result, I beg to ask leave to withdraw the motion.

Motion, by leave, withdrawn.

Bill withdrawn.

[Stephen Pound]

On a point of order, Madam Deputy Speaker. Your distinguished predecessor, the right hon. Baroness Boothroyd, once ruled me out of order one a Friday morning, during a debate on offshore oil platforms, because I had listed the full names and Latin names of every single species of marine life to be found in the vicinity. She said at the time that the House will not accept tedious and needless repetition of irrelevant facts. Do you agree that listing the voter turnout in 28 European nations and the number of MEPs comes within the aegis of the Boothroyd ruling?