David Jones
Main Page: David Jones (Conservative - Clwyd West)Department Debates - View all David Jones's debates with the HM Treasury
Wales Bill
David Jones Excerpts(10 years, 6 months ago)
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Owen Smith
The point I was making is very simple and I do not need to embellish it, because I can rely on the evidence provided by the Government’s own impact assessment, which states extremely clearly that the proposal’s objective is to benefit the
“smaller parties in Wales who may have a smaller pool of high quality candidates to represent them in elections.”
Labour Members certainly would not for one moment contest the argument that the smaller parties in Wales—among which I would, unfortunately, count the Conservative party—may have a smaller pool of high-quality candidates to represent them in elections, but I do not believe that that is an adequate reason for seeking to amend legislation with regard to this country’s constitution and elections.
The Secretary of State for Wales (Mr David Jones)
The shadow Secretary of State will know that under the original Government of Wales Act 1998, there was no ban on dual candidacy. At what point did the damascene conversion of the Labour party against the concept of dual candidacy take place?
Owen Smith
I am very grateful to the Secretary of State for asking that question, because I think the date was 2 or 3 May 2003. The precise geographical location of that conversion was on a road not to Damascus, but to Ruthin. It was of course during the Clwyd West election—the election to the Assembly in his constituency in north Wales—when we witnessed the extraordinary state of affairs in which Labour quite clearly won the election and the Conservatives, the Liberal Democrats and Plaid Cymru lost it, but the Conservative, Liberal Democrat and Plaid Cymru representatives were all returned to the National Assembly for Wales in what any right-thinking individual would think was a complete denial of democracy and natural justice.
Mr Jones
I anticipated that the hon. Gentleman might mention the so-called Clwyd West question. Was it not always entirely foreseeable from the moment that devolution was instituted under this system that in some seats a number of representatives would be elected by first past the post, on the list, or both? It was always foreseeable and, frankly, the fact that it was not foreseen seems a large oversight by the Labour party.
Owen Smith
That may well have been foreseeable. Labour has acknowledged that it was a mistake to draft the legislation in such a fashion that it became possible for would-be Members of the Assembly to nest like cuckoos in individual constituencies for a period, anticipating their entry to the Assembly via the back door. However, we did not imagine that the measure would be used so shamelessly as it was by parties in the Secretary of State’s Clwyd West constituency.
Owen Smith
As all hon. Members do, I talk regularly to colleagues in other parts of Britain, but we are now addressing legislation that relates to Wales. The evidence relating to Wales that is before our eyes—from recent history in the Secretary of State’s own seat—suggests that there is a problem there and that the measure has been abused. As best we understand it, public opinion also supports my contention that the system should be retained and that the proposed ban should not be lifted.
Mr David Jones
The hon. Gentleman has twice used the word “abused” in the context of Clwyd West. Will he please explain what he means by abuse in that context?
Owen Smith
Because that was quite clearly the system in place at the time. However, as I have acknowledged—my right hon. Friend the Member for Neath (Mr Hain) of course acknowledged it when he amended the law in 2006—we admitted that it was a mistake to allow people to abuse the system in such a fashion.
I hesitate to steal the thunder of my right hon. Friend, who referred to this matter so eloquently on Second Reading, but if we want evidence of the potential abuse of the system whereby an Assembly Member nests in a constituency that they subsequently want to seek election to through first past the post, we need look no further than the leader of Plaid Cymru, Leanne Wood. She published a memo to her members in an e-mail which provided what can only be described as a route map for such abuse. I did not intend to quote extensively from it, but as I have been provoked, perhaps I ought to remind the Committee of the details. She instructed her party:
“We need to be thinking much more creatively as to how we better use staff budgets for furthering the aims of the party.”
She went on:
“Regional AMs are in a unique position. They are paid to work full-time in politics and have considerable budgets at their disposal.”
She said:
“Consideration should be given to the location of their office—where would it be best for the region? Are there any target seats…within the region?”
She went on:
“They need not be constrained by constituency casework and events, and can be more choosy about their engagements, only attending events which further the party’s cause. This can be achieved by following one simple golden rule: On receipt of every invitation, ask ‘How can my attendance at this event further the aims of Plaid Cymru?’ If the answer is ‘very little’ or ‘not at all’, then a pro forma letter of decline should be in order.”
I do not think that we need any further evidence of the potential abuse to which I am referring.
Mr David Jones
Is the hon. Gentleman’s criticism not of Leanne Wood, who I agree behaved wholly disgracefully? Is he not overlooking the many regional Members who were elected and behaved entirely properly? His criticism is not of the system, but of an individual who behaved reprehensibly.
Owen Smith
The Secretary of State might be right that some regional Members behaved perfectly appropriately. I agree with him that Leanne Wood did not behave appropriately in instructing her colleagues to respond in that way. The point that I am making is that the system as it was constituted, and as he proposes to reconstitute it, was open to such abuses. That is why we suggest that the current system, which we put in place when in office, should be retained.
Mr Jones
The hon. Gentleman is being extremely generous in giving way again. Surely these issues could be resolved by a change in the standing orders of the Assembly, rather than by changing the legislation. Does not the Assembly have the power to regulate itself? The hon. Gentleman looks puzzled. I would have thought that he would recognise that the Assembly is in a position to regulate the conduct of its Members through its standing orders.
Owen Smith
I am merely quoting from the Government’s own impact assessment, which clearly states that this is for the benefit of the smaller parties in Wales, among which we count the Conservative party.
Public attitudes to this issue are relatively clear and there have been several reports. Most importantly, the Bevan Foundation—which is non-aligned although splendidly named after my great hero—conducted an analysis and a large survey to consider all these issues. It found that
“dual candidacy was unfair compared with those who felt candidates should be free to stand in both.”
As a reference to the detail included in that survey, I quote a respondent from Llanelli who asked:
“How can it be right that you vote one way and then the person who loses can still find a way to get elected?”
Someone from Swansea East said:
“I think it is unfair … It’s like people can sneak in the back door.”
and another said:
“It does seem unfair in a way, surely if they weren’t popular enough they shouldn’t be able to get in.”
Another respondent said:
“I don’t think some should have the added advantage of standing in both—it seems unfair really.”
and someone else from Llanelli said:
“You don’t have two bites of the cherry.”
Mr David Jones
Will the hon. Gentleman clarify whether the survey he refers to is the one that was commissioned by his hon. Friend the Member for Caerphilly (Wayne David), and although he refers to a large number of respondents, is it the case that there were precisely 47?
Owen Smith
It was indeed commissioned by my dear and hon. Friend the Member for Caerphilly (Wayne David), but the Bevan Foundation, as the Secretary of State will know, is a non-aligned charitable foundation. It would surely contest quite vigorously the implication—which I am sure he does not mean to make—that it is in any way aligned to the Labour party.
Of course, it is not just evidence from the Bevan Foundation that is important. International evidence suggests that this form of gerrymandering is not supported by the public. In New Zealand, for example, public opinion research conducted by the independent review committee, which is part of its Parliament and appointed to examine the electoral system, found that one key criticism was that it was possible for MPs to be defeated in an electoral contest but returned to the House through their position on the list—clear evidence that it is not just in Wales that people are concerned about that.
In fact, it is not just in New Zealand that there are concerns. In New Brunswick in Canada, an independent commission endorsed the ban on dual candidacy stating:
“The Commission heard that in some jurisdictions where candidates are able to run simultaneously on both ballots, voters are displeased with the case where a candidate is not successful in a single member constituency, but is elected anyway by virtue of being placed on the top of a party’s list.”
Evidence from two notable democracies—Canada and New Zealand—shows that it is not just those in the Labour party and in Wales who are worried about that process.
Of course, it is not just Labour Members who have been concerned about this issue: it used to be a concern of Members on both sides of the House. For example, Lord Crickhowell, a former Conservative Secretary of State for Wales, has said that the arrangements were “really pretty indefensible”. I would have thought that was a clear statement, but the current Secretary of State clearly does not agree.
Perhaps Liberal Democrat Members agree with the Chief Secretary to the Treasury who said when we last debated this in 2006:
“I should also point out that the Secretary of State for Wales has said that if the Commission had considered what he called the systematic abuses carried out by list members in Wales”—
which I have described here today—
“he would have reached the same conclusion that we have”—
“we” in that case being of course the Liberal Democrats—
“namely that a ban on dual candidacy is the only effective solution.”
We therefore have many examples from across the world, from Wales and from across the House of people’s concerns about the way in which the system has been abused.
Huw Irranca-Davies
I entirely agree. We all make personal calculations in our political lives: we decide where we should stand, where we have connections and where we should cast our lot and go for it. However, the proposed system—this is the exact situation in the Rhondda—amounts to, “Well, I’m really going to go for this, but if all else fails there’s something I can fall back on.” My gut instinct is that that is not right and it does not feel right to many voters either.
The Bevan Foundation has been criticised, but it is a left-of-centre think tank—that is what it does. It is scandalous to say that it is simply an arm of the Labour party. If Members look at the work it has done on welfare issues, unemployment and economic incapacity in the valleys, they will see that some of it has been critical of the Labour party as well. When my hon. Friend the Member for Caerphilly (Wayne David) was looking for someone to do a report, my guess is that the Institute of Economic Affairs and others were not available or did not have the knowledge of Wales to do it.
The majority of people canvassed were very concerned. I will not repeat the quotes, but people from across all parts of south and west Wales said that they could not understand how people who had clearly been defeated could then pop up. Of course, that was reiterated by the Government’s own impact assessment, to which I am sure the Secretary of Sate will refer when he explains why he is jettisoning its findings.
After the first set of Assembly elections, it is not just the Labour party that underwent a damascene conversion, as it has been called, but the Tories and Lib Dems. Lord Crickhowell, who has already been mentioned, is categorically opposed to dual candidacy and said back in 2005:
“The present arrangements are really pretty indefensible”.—[Official Report, House of Lords, 15 June 2005; Vol. 672, c. 1216.]
The current Chief Secretary to the Treasury made exactly the same point. It was not just us or members of the public who were saying it at the time; other politicians also said, “We made a genuine mistake.”
As I said at the beginning, we can have discussions about closed and open lists in terms of proportionality and whether there is a different way of doing it, but I say adamantly to the Secretary of State that to reverse the system again, for whatever reason, is not the way to go. It does not work and it has been proven that it does not hold the confidence of people on the ground in Wales. Let us have the wider debate on the way forward, but simply to chop and change, particularly against the recommendations of the Electoral Commission, is no way to make Acts of Parliament.
Mr David Jones
I, of course, share the general delight at serving under your chairmanship, Mr Chope.
This has been an interesting and very forthright debate. Clause 2—it seems unnecessary to say—will overturn the ban on dual candidacy introduced by the Government of Wales Act 2006. Under its provisions, candidates at an Assembly election cannot stand both in a constituency and on a regional list. Before 2006, candidates could of course stand in both.
Amendment 15, which was moved by my hon. Friend the Member for Forest of Dean (Mr Harper), would require the Secretary of State to commission an independent review of the possible effects of dual candidacy on the effectiveness of the National Assembly for Wales and to lay the findings before both Houses within nine months of Royal Assent. I fully understand his intention in tabling the amendment and to a certain extent I empathise with him. I welcome the opportunity to debate further the merits of removing the current unfair ban. My hon. Friend has highlighted the need for independent evidence on the effects of dual candidacy, which is of course important, but the fact is that ample evidence from independent bodies shows that dual candidacy is part and parcel of similar systems across the world.
The previous Labour Government justified imposing the ban on dual candidacy on the grounds that they said there was “considerable dissatisfaction” with the system, although they provided little evidence to support that position. Frankly, having listened to the debate, I have to say that I have heard little more evidence this afternoon. We have of course had the Bevan Foundation—
Owen Smith
Will the Secretary of State not confirm to the House that his own consultation for the Bill showed that the majority of respondents were in favour of retaining the current system?
Mr Jones
It is fair to say that there was a majority of one, but frankly most of the respondents were Labour Assembly Members. As I will mention later, the letters written by those Assembly Members bore a suspicious similarity to one another. It might almost have been that a template was provided for them.
The ban was introduced despite opposition from other parties in the House, academics and even the Electoral Commission. I know that several Labour Members served on the Welsh Affairs Committee before the passage of the 2006 Act, and I am sure that they recall the evidence of Dr Richard Wyn Jones, Dr Roger Scully and Glyn Mathias, the Electoral Commissioner for Wales, who all highlighted the potentially partisan nature of the changes. Professor Alan Trench of the constitution unit at University college London, who is currently a special adviser to the Select Committee, said in November 2011 that it was
“a pretty blatantly partisan manipulation of the electoral system”.
Mr Hanson
In 2005, 29 Labour MPs out of the 40 MPs in Wales were elected on a manifesto commitment to discard dual candidacy. In 2010, eight Conservative MPs out of the 40 MPs were elected with no mandate to introduce dual candidacy, but the Secretary of State is now introducing it. Will he help me with that contradiction?
Mr Jones
It is perfectly clear that the Conservative party’s position was amply stated in the debate in 2006. That position was supported by parties other than the Labour party. It is absolutely clear that we have justice on our side in overturning a fairly straightforward partisan measure introduced by the Labour party.
Mr Jones
No, I will make some progress. [Interruption.] I will give way in a moment.
In its evidence to the Welsh Affairs Committee in 2005—I do not think the hon. Member for Wrexham (Ian Lucas) was a member of that Committee—the Electoral Commission stated that it did not believe that the case had been made and that it would
“caution against any change that is perceived to be partisan and could add to a prevailing distrust of politicians”.
The Electoral Commission saw no evidence in favour of the ban during the passage of the Government of Wales Act 2006. During the pre-legislative scrutiny of the draft Bill, it reaffirmed that position. Even the Arbuthnott commission, which the last Labour Government set up to consider the electoral arrangements in Scotland, made it clear that
“dual candidacy is a common feature of mixed member proportional systems across the world”.
Owen Smith
I am grateful for that clarification. Is he therefore saying that the Conservative party in Wales struggles to field high quality candidates?
Mr Jones
I do not think that we have had that difficulty in the past.
The Opposition have pointed to the fact that a majority of respondents to the Government’s Green Paper consultation were in favour of retaining the ban as further evidence in support of it. However, if one takes away the many Labour Assembly Members, who responded in a strikingly similar way, that would no longer be the case. The simple fact is that the ban was introduced to benefit one party, the Labour party, in one part of the United Kingdom, Wales, and in not Scotland or London.
In his evidence to the Welsh Affairs Committee during its pre-legislative scrutiny of the draft Bill, Professor Scully said that the claims that are made about dual candidacy, which have been repeated again and again by Labour Members,
“remain wholly unsupported by solid evidence”.
I repeat that the simple fact is that the ban was introduced as a partisan act that affects smaller parties disproportionately and ensures that good quality candidates are lost to the Assembly.
Huw Irranca-Davies
Lord Bourne, who was my friend and fellow academic at Swansea Institute of Higher Education—that great factory of political candidates—is often cited as someone who lost out, did not have the list to fall back on and hence went into other occupations. However, does the Secretary of State accept that if a candidate who, for very good reasons, was wholly objectionable to the electorate—not a Lord Bourne, but somebody wholly objectionable—was No. 1 on a closed list because of the party selection, Conservative, Liberal or Plaid Cymru voters would have no choice but to vote for them? That is one of the big problems with the reversal that he is proposing.
Mr Jones
Absolutely not. Electors may cast their votes in any way they wish for whichever candidates they wish. That argument is wholly facile.
The right hon. Member for Torfaen (Paul Murphy) seemed to criticise the whole concept of a top-up list. As somebody who is far more supportive of the first-past-the-post system, I have considerable sympathy for that point of view on the basis that one lives by the sword or dies by the sword. However, every party in this House supports some form of proportional election to the Assembly, as he accepted. It seemed to me that his criticisms, and those of the right hon. Member for Neath (Mr Hain), were aimed more at the consequences of the proportional representation system than at dual candidacy. Therefore, we are now legislating to remove that unfair prohibition and to reintroduce the system that was in place and worked well between 1998 and 2006.
The amendment tabled by my hon. Friend the Member for Forest of Dean also proposes that his review would consider the implications of removing the prohibition on dual candidacy for the desirable total number of Assembly Members; the ratio of Assembly Members elected by constituency and from the regional list; and the merits of an all-Wales list, rather than lists in five separate regions.
On the implications for the desirable number of Assembly Members, we set out in the Green Paper on future electoral arrangements that we believe 60 Assembly Members is the right number, and we continue to hold that view. I note that the First Minister said in his oral evidence to the Welsh Affairs Committee during pre-legislative scrutiny of the Bill that the Assembly could “undoubtedly” cope with its new powers without changing the number of Assembly Members.
The Government also believe that under existing arrangements, the current ratio of constituency and regional Assembly Members is right. The Green Paper set out our belief that an all-Wales national list was not desirable as it would place more distance between regional Members and their constituents than the existing five regions—a view that I think is shared across the Committee —and again, our view has not changed.
New clause 4, tabled by right hon. and hon. Members from Plaid Cymru, seeks to establish a mechanism through an Order in Council by which competence could be devolved to the Assembly to determine its size. In a similar vein, new clause 6 would enable devolution to the Welsh Government—I think it actually means the Welsh Assembly—of the power to determine the system by which Members are elected.
Although the Silk commission made no recommendations about the electoral system, it did recommend that the size of the Assembly should be increased so that it might better fulfil its scrutiny role, and new clause 4 would pre-empt that. The commission also acknowledged the practical implications of its recommendation on the electoral system and the need for further consideration. The Government have made it clear in responding to publication of the commission’s report that any recommendation such as that requiring primary legislation should be for the next Parliament, and therefore for political parties to consider when preparing their manifestos for the 2015 general election. Of course, the commission also recommended that consideration be given to increasing capacity in the Assembly in the short term.
Earlier this year an Electoral Reform Society report found that 79% of Assembly Members surveyed believed that plenary time could be used more efficiently and effectively, and in the same survey, 90% of Assembly Members supported a comprehensive review of Assembly procedures. The Assembly and the Welsh Government have the power to change those things through Standing Orders, and I call on them to consider carefully how the Assembly could make better use of its time and the resources already available to it.
I thank my hon. Friend the Member for Forest of Dean for his amendment, which has enabled a full and extensive debate this afternoon on the merits of removing the ban on dual candidacy. I hope I have been able to reassure him, at least, and I ask him to withdraw his amendment accordingly. I also urge right hon. and hon. Members from Plaid Cymru not to press new clauses 4 and 6 to a vote.
Mr Harper
I am always glad to have facilitated a wide-ranging debate in Committee, as is proper, and to fully air these issues. My right hon. Friend’s explanation has been sufficient, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question put, That the clause stand part of the Bill.