European Parliament Elections Bill
Debate between Christopher Chope and Rob Wilson(8 years, 8 months ago)
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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.
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 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.
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 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.
House of Lords (Expulsion and Suspension) Bill [Lords]
Debate between Christopher Chope and Rob Wilson(9 years, 9 months ago)
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Mr Chope
We have had exactly that problem with senior police officers. As soon as they are brought to book or accused of anything, they run for cover. They retire or resign, and are then able to keep their pensions. When we deal with the next group of amendments, we shall discuss the question of whether the Bill should apply to both expulsion and suspension. I think that there should be a distinction between them, but I will not anticipate that later discussion.
As is already clear from the short debate that we have had so far, this is an extremely complex matter, and the idea that it could become law without being properly thought out fills me with horror. The fact that most members of the general public will not be writing letters saying how outraged they are by the potential consequences of the Bill does not mean that we should not pay great attention to its implications, not least because it impinges on our constitution. At one stage during the current Parliament, the Government were taking the line that they did not want any more piecemeal reform of the other place, but they seem to have shifted their position a bit. Perhaps the Minister will explain a little more about the Government’s policy in a moment, but I think that, unless it is amended, what we have before us could be very dangerous to our democracy.
The Minister for Civil Society (Mr Rob Wilson)
My hon. Friend is making an important speech, but may I return him to his earlier comments about Lord Rennard, and to the point made by my hon. Friend the Member for Shipley (Philip Davies) about tax evasion? Is my hon. Friend suggesting that under those circumstances, if the legislation were enacted, it could lead to the expulsion of a peer? Surely the powers to suspend a peer already exist. This Bill focuses on expulsion, not suspension.
Mr Chope
Actually, having discussed the Bill with my right hon. Friend the Member for North West Hampshire (Sir George Young), my understanding is that the most important part is the part that deals with suspension, which enables the House of Lords to suspend a Member for a longer period than until the end of the Parliament. There are all sorts of anomalies. If a Member of the Lords chooses to misbehave at a late stage in a Parliament, they can be suspended for only a few weeks, whereas if they misbehave at the beginning of the Parliament, they can be suspended for up to five years. That is the part of the Bill with which I have sympathy. I am much less sympathetic when it comes to the issue of expulsion.
At present, there are very circumscribed rules relating to the ability of the other place to expel. They are the rules that we have in the House of Commons, applying to Members who have been convicted of an offence and sentenced to more than a year in prison. However, whether we are talking about expulsion or suspension, it needs to be dependent on bad conduct, and that is where there is a big gap in the Bill. It obviously enables people such as Lord Wallace to hope that in due course they can bring within the ambit of the Bill all sorts of egregious behaviour, some examples of which we have been discussing this morning.
I hope that my right hon. Friend the Member for North West Hampshire will respond to the concerns that I have addressed. In our earlier debate, we discussed the balance between delay and getting things right. I think it is important for us to get this Bill absolutely right, even if that means it is delayed for a few hours or days.
Mr Wilson
It is a pleasure to be here on a Friday. This is not something that I have often been able to do in the past. It is also a pleasure to be able to listen to some of the older generation sallying forth, as my right hon. Friend the Member for Banbury (Sir Tony Baldry) might have put it.
Mr Wilson
As my hon. Friend knows, this Bill is expressly limited to matters of conduct. That has been made clear in the Bill and throughout the debates in this House and the other place. The power of expulsion that the Bill confers on the other place is similar to the power that we already have in this House. This House has an inherent power to expel Members if it needs to, but the other place cannot do so because, without primary legislation, it cannot override the right of peers to receive a writ of summons. I hope that that deals with my hon. Friend’s point.
The Bill is also already explicitly limited to matters of conduct by subsection (4) of clause 1. It is certainly envisaged that a resolution to suspend or expel would only follow from a report from the Committee for Privileges and Conduct. Proceedings on the Bill in the Lords made it clear that any relevant breach would be linked to the existing code of conduct. The Government therefore do not support the new clauses or amendment 18.
Sir George Young (North West Hampshire) (Con)
I should like to begin by thanking all my hon. and right hon. Friends who have taken part in the debate for their interest in the Bill. I am grateful to my right hon. Friend the Member for Banbury (Sir Tony Baldry) for making it clear at the beginning of his remarks that he supported the principle behind the Bill, and I am grateful to the Minister for confirming that the Bill conforms to the requirements of the European convention on human rights. I am also grateful to my hon. Friend the Member for Christchurch (Mr Chope), who, as always, has raised important issues that will need addressing as we go through the legislation.
I should like to put the new clauses and amendments, and indeed the Bill, into perspective. As my right hon. Friend the Member for Banbury said, the Bill basically does two things. It enables a suspension to go beyond the lifetime of the current Parliament, and it enables the House of Lords to expel a Member. It does not change anything else. It does not change the code of conduct or the environment in which the code is administered, and it does not change the interface between the House of Lords and the courts in regard to issues such as exclusive cognisance. So, to some extent, the broader issues that he has raised have already been dealt with in the context of the original introduction of the code of conduct and of how the system works.
The Bill has no direct impact on this House. My hon. Friend the Member for Christchurch said that clauses had been dropped because they were controversial, but there has been no sign so far—certainly in the upper House—of any controversy. Indeed, there was an absence of controversy as the Bill went through. The upper House sees it as an important building block in restoring the reputation of that House, by giving it clear powers to expel a Member whose behaviour is unacceptable. There will be an indirect benefit for this House, in that anything that restores confidence in Parliament is good for both Houses.
I turn now to the new clauses and the amendment. I understand exactly why my right hon. Friend the Member for Banbury tabled new clause 1. I understand that in the House of Lords, technically, it is not the Lord Speaker who lays such documents. That is in fact done by the Committee for Privileges and Conduct, which lays on the Table the reports of any investigation into the conduct of a Member of the House of Lords. The Committee is already required to do that by Standing Order No. 68 of the House of Lords, which states:
“Reports from Select Committees shall be laid on the Table and ordered to be printed. Notice shall be given on the Order Paper of the day on which the report is to be considered .”
I therefore hope that my right hon. Friend will agree that we do not need any changes to the legislation or to Standing Orders to enable such reports to be laid.
My right hon. Friend made an important point about natural justice. If he looks at the House of Lords code of conduct, he will see that paragraph 19 states:
“In investigating and adjudicating allegations of non-compliance with this Code, the Commissioner, the Sub-Committee on Lords’ Conduct and the Committee for Privileges and Conduct shall act in accordance with the principles of natural justice and fairness.”
Also, if he looks at those who sit on the Committee, he will see that it is required, by Standing Order No. 77, to include two former holders of high judicial office. I therefore think that we can be confident that the fate that befell poor Lord Lovat will not befall any errant peer; no one will be subjected to a kangaroo court. We can be confident that the principles of natural justice will be upheld. The Standing Order also states:
“A Committee for Privileges and Conduct shall be appointed at the beginning of every session; sixteen Lords shall be named of the Committee, of whom two shall be former holders of high judicial office.”
My right hon. Friend went on to deal with the issues of privilege, and he referred to the Parliamentary Standards Act 2009 and an amendment inserted in the Bill that became that Act by the House of Lords. That Bill was a very different animal from this one. The Bill then being considered contained provisions that seriously risked breaching privilege. He may well remember the decisive intervention of the then Clerk of the House, Malcolm Jack, who produced a report during the passage of the Bill expressing the concerns in this House. That Bill explicitly required the production of a code of conduct relating to financial instruments and it set out that it must be laid before the House of Commons. The Bill detailed at some length the procedure of any investigation into a breach of that code and established a new offence of providing false or misleading information about allowance claims.
The short Bill before us is a very different animal and does none of those things. Unlike with the 2009 Act, the Bill has raised no concerns from the Clerks of the Parliaments, nor has anyone raised any concern about its current drafting risking parliamentary privilege. As the Minister has just said, matters of parliamentary privilege do not need to be expressly stated in legislation in order not to be justiciable.
Let me now address the measures proposed by my hon. Friend the Member for Christchurch on the code of conduct. A code of conduct is already produced, and it is published by the Committee for Privileges and Conduct. That already takes place under Standing Order No. 77. All reports from that Committee that have recommended that a sanction should be applied have included a very clear reference to the relevant provision of the code that was breached in each instance—that is also what happens in this House. The most recent investigation gives us an example of how this is done. The Committee’s report summarises and includes the findings of the House of Lords Commissioner for Standards and the Sub-Committee on Lords’ Conduct, all of which include specific reference to which paragraphs of the code of conduct the Member was alleged to have broken. The most recent report states:
“The complaint alleged that Lord Redesdale breached the Code of Conduct by not registering certain interests in the Register of Lords’ Interests (in breach of paragraph 10(a) of the Code) and by registering certain other interests more than one month after those interests came about (in breach of paragraph 13).”
Other reports on the conduct of noble peers, such as the one on the conduct of Lord Hanningfield, contain explicit reference to which particular breach of the code has taken place. My understanding is that the case of Lord Rennard was not referred because the code specifically says:
“Matters not falling within the Commissioner’s remit include…Members’ non-parliamentary activities.”
That is not wholly dissimilar to the rules that apply to us in this House and it explains why that case did not go before the relevant Committees.