Parliamentary Voting System and Constituencies Bill

Baroness Laing of Elderslie Excerpts

Tuesday 12th October 2010 Commons Chamber

[Sadiq Khan]

What are the reasons for the coalition Government combining the referendum with the other elections taking place next May? One reason, as described by the hon. Member for North Swindon (Justin Tomlinson) in an intervention on the excellent speech by the hon. Member for Harwich and North Essex, is that voters would be too fatigued to go to the polls twice in a year. That reason is a pretty feeble justification for choosing May 2011. If the coalition Government and the Deputy Prime Minister believe, as I do, that electoral reform is a fundamental constitutional issue and that the public genuinely want the opportunity to vote for change, we should all have the confidence to believe that voters would be willing to cast a vote in more than one ballot in a year.

[Mrs Eleanor Laing (Epping Forest) (Con)]

Does the right hon. Gentleman agree that the House ought to pay attention to the Gould report? That report was compiled at the behest of the previous Government, after the mess of the 2007 elections in Scotland, when there were various elections on the same day. Gould concluded that one

“problem with combining these elections has to do with the confusion it creates among the electorate,”

adding that

“it is clear that some voters were confused by the combined elections”.

The Deputy Prime Minister says that that is patronising, but surely no one could suggest that only the voters of Scotland will be confused. If voters are confused, voters are confused.

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[Sadiq Khan]

Another explanation for combining the referendum with the elections on 5 May is that it would save costs, and that justification is persuasive. However, there is a problem with that argument as well. The great reformer, the Deputy Prime Minister, would sound a little more convincing on that issue if he had demonstrated some consistency in the past. Last year, when there was a clamour from electoral reformists for a referendum on AV to be held on the same day as the general election, he was passionately opposed to it. The same money that the coalition Government are keen to save next May could have been saved this May, had the referendum been held on the same day as the general election, which would have meant a potential turnout of not 84% but 100%.

[Mrs Laing]

I thank the right hon. Gentleman for giving way again. Does he agree that if the cost to the taxpayer—the public purse—at this very difficult economic time were really uppermost in the mind of the Deputy Prime Minister, we would not be having a referendum at all?

[Sadiq Khan]

The hon. Lady makes a good point with which many colleagues agree, but I shall move on.

In my view, the Deputy Prime Minister had good reasons for opposing the combination. He worried that holding a referendum on electoral reform on the same day as the general election would cloud the debate and affect the outcome, making a yes vote less likely; he was right. He instead supported our proposals for a referendum after the election, but within approximately 18 months of the legislation gaining Royal Assent, which meant that the most likely date would have been October 2011. That course of action would not have delivered the savings that that combination with a general election would have provided, but, given the importance of the decision in question, it was a fairer and more constitutional way of proceeding. That was his view back then, but we know that it has changed.

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[Thomas Docherty]

I am grateful to my hon. Friend for making that point more eloquently than I could have done. I suspect that that is why he is an important member of our Front-Bench team and I am a mere Back Bencher, languishing and fighting my corner for aircraft carriers and others.

Let me now make a small amount of progress. I do not intend to rehearse, or rehash, the arguments presented so ably by my right hon. Friend the Member for Tooting (Sadiq Khan), the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) or, indeed, Members on the other side of the Committee. They have already highlighted more than adequately the problems that occurred in 2007, particularly in Scotland, where 147,000 ballot papers were spoilt. I would, however, like to draw the Committee’s attention to some of the representations made by a number of individuals and organisations to the Scottish Affairs Committee—led by my hon. Friend the Member for Glasgow South West (Mr Davidson)—which, unlike the Deputy Prime Minister, actually bothered to ask for input on the date of the referendum from the people of Scotland.

Let us consider first the response of the Scottish Government, an august body to which we should all accord some respect. Scottish Ministers wrote:

“The Scottish Government believes that the lack of consultation, and the substantive decision to hold UK wide contests on the same day as devolved elections, shows a lack of respect for the devolved administrations. We also believe that it undermines the integrity of elections to the Scottish Parliament and risks voter confusion. Elections to the Scottish Parliament are important to the people of Scotland and we believe they have the right to make their electoral choices without the distraction of a parallel UK contest. Holding separate contests on one day would also create operational and practical risks for those charged with administering the elections.”

As Members have already pointed out, it is not just the SNP Scottish Government who want the date changed. My current Liberal Democrat MSP—I suspect that he may not still be my MSP after May—wrote on behalf of his party that he was

“very much against the inclusion of a referendum on the same day as the Scottish elections!”.

He put an exclamation mark at the end, which I consider particularly important.

Just in case the Deputy Prime Minister believes that the opinions of other politicians should not be given the same weight as his weighty opinion, the Minister may wish to reflect on the comments of the interim chief returning officer for Scotland, Mr Tom Aitchison, who has said:

“Combining the polls will require additional staffing at polling stations and additional ballot boxes. This appears to be a straightforward matter, but there is much scope for confusion and misallocation of ballot papers. Simply sourcing and procuring sufficient ballot boxes is also a matter that is concerning the electoral community.”

Mr Aitchison went on to say:

“with three ballot boxes from each polling station (two for the Parliamentary election and one for the referendum) there is likely to be a situation in which each box must be sifted and possibly verified before any of the three counts can commence. This will require an investment in time, space and staffing adding to the cost”—

which, apparently, so concerns those on the Front Bench—

“complexity and duration of the count. Stakeholders, including politicians and voters, need to understand that the process may take longer than they might anticipate and may certainly be more expensive. Many Returning Officers may find it necessary to hire larger venues for the count and indeed to hire them for an extended period to accommodate these additional processes.”

So much for the Deputy Prime Minister’s argument about cost.

Some Members on the other side of the Committee have suggested that the Scottish parliamentary elections could be shifted by as little as a month, but there are two serious flaws in that suggestion. First, as Members on both sides of the Committee will recall, in 1999 the European elections took place just one month after the Scottish elections. Turnout for the European elections in Scotland was a mere 26%. That, surely, is something that no one would wish to repeat. Secondly, if saving money is genuinely the argument that the Deputy Prime Minister wishes to deploy, this suggestion of shifting the election and all the associated costs fatally undermines his own logic.

[Mrs Laing]

Is the hon. Gentleman aware that many of us in this House actually have some respect for the Scottish Parliament—I did not always, Mr Hood—and, indeed, for the Welsh Assembly? That Parliament has a fixed date for an election, and the idea that it should move that in order to accommodate an ad hoc, once in a lifetime—once in a century, we hope—referendum is utterly preposterous. Those of us who have respect for the Scottish Parliament and the Scottish people therefore have every sympathy with what the hon. Gentleman is saying.

[Thomas Docherty]

I am grateful to the hon. Lady for her kind words about the Scottish Parliament and the Welsh Assembly—[Interruption]—and the Northern Ireland Assembly as well; I was coming to that. Like many good things, the Parliament can take time to grow on people, but I think she will find that the Scottish Government and Parliament is an institution well worth protecting, as are those of Wales and Northern Ireland.

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[Thomas Docherty]

The hon. Gentleman makes a valid point. Given the current Liberal Democrat poll ratings, however, I look forward to them receiving a round thumping in May, both in my area and across Scotland. The Deputy Prime Minister is so out of touch with Scotland that he is not aware of just how unpopular he has become in the past five months. The hon. Gentleman’s point about the Deputy Prime Minister’s logic does stand, however.

There are a number of specific reasons why we have chosen 8 September 2011. First, that would allow us sufficient time to overcome the voter fatigue that I touched upon. It would also provide for several months of campaigning by those of all parties in a non-party political manner. Those colleagues who wish to campaign for a yes vote can come together without party badges and work for that, and those colleagues who wish to campaign for a no vote can also come together without the baggage of our party affiliations.

We also appreciate that there are other elections scheduled for spring 2012, spring 2013 and spring 2014, and we believe that it is important to be consistent and logical in our approach, which rules out those slots. We have therefore sought to find a date that provides sufficient breathing space between all those elections. We are also mindful of the advantages of good weather in ensuring strong voter turnout, and the clocks have not yet changed in September—although I accept that a private Member’s Bill that might deal with that is coming up in December. That issue needs to be balanced against the argument about clashing with school holidays; we have had many discussions about that in the Chamber. As the hon. Member for Harwich and North Essex (Mr Jenkin) mentioned, having the referendum in September of next year would also provide ample opportunity for the six-month period of grace for the Electoral Commission to carry out its due diligence. Finally on the argument for September, as has been mentioned, in 1997 we held two referendums in September in Scotland and Wales, very successfully with excellent turnout and a seamless process. That followed, in particular, a constitutional convention in Scotland, in which I know you played an active role, Mr Hood.

The Deputy Prime Minister claims that the idea of fair votes is what motivates the referendum, but it now appears that, shamefully, the Liberal Democrats in government will act unfairly in order to try to achieve their ends. It is not too late for the Deputy Prime Minister and the Government to do the right thing: to listen to the united voice of Labour, nationalist and Unionist politicians across the United Kingdom and accept the rational and fair date for the referendum.

[Mrs Laing]

It is a pleasure to follow the hon. Member for Dunfermline and West Fife (Thomas Docherty); he made some excellent points, and I hope the Committee will pay attention to them.

I accept that we must have a referendum. I voted for this Bill on Second Reading, and I will vote for it again on Third Reading and subsequently. A referendum is the price we pay for the coalition, and the coalition is the price we pay for economic stability, which is what the country needs most at the moment. However, it is not for this House to submit to the dictatorship of the coalition agreement and to accept every word therein as being inscribed on tablets of stone. It is for this House to exercise its duty to seek to improve the legislation before it.

I shall speak mainly in support of amendment 4, to which I have put my name, but other amendments in the group are similar in principle, so I also accept the arguments for them. I am not, however, saying I could possibly bring myself to vote with the right hon. Member for Tooting (Sadiq Khan). I congratulate him on his appointment to his new position on the Front Bench, and I look forward to our having many arguments in future. Tonight, we have been very much in agreement, but I know that he will understand that I could not bring myself to vote for his proposals. However, I have listened to his arguments and, as with those of the hon. Member for Dunfermline and West Fife, the Committee ought to take heed of them, because this is all about principle, not party advantage.

There are arguments that if we have a referendum on the same day as other elections turnout will be higher and people will be more likely to vote for AV. There are other arguments that people will be more likely to vote against AV. There are arguments about why AV might be good, too—although there are not many arguments that AV would be good for anyone apart from the Liberal Democrats. There are, however, also arguments about why any particular party might be at an advantage or a disadvantage in respect of AV as a whole, but none of us can predict that. We can look at the statistics and, as my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) so eloquently explained a short while ago, we can look at the party advantage, but this is not about party advantage: it is a simple matter of principle.

A democratic procedure that changes our country’s constitution must be fair and be seen to be fair. If the result of a referendum on changing our voting system does not command the respect it should, every subsequent general election, based on whichever system is chosen under that referendum, will be open to question and challenge. There is no doubt that holding more than one election on the same day undermines confidence in the referendum, so the issue is simple: if this referendum is held on any day but 5 May 2011—or any day when another significant election is taking place—it will command more respect than if it is held on that day with other elections.

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[Sadiq Khan]

Does the hon. Lady think that one of the reasons the Deputy Prime Minister is not here is that Conservatives might support clause 1 if he is not here to make the argument?

[Mrs Laing]

I understand what the right hon. Gentleman is saying, but it is not for me to second-guess the Deputy Prime Minister. I merely disagree with him on this matter, and do not have any lack of respect for the other duties he is undertaking.

[Thomas Docherty]

The hon. Lady might recall that earlier this year the Deputy Prime Minister told the House that this measure was not going to be a deal breaker. Any Conservatives labouring under the misapprehension that he will take his ball and sulk if he does not get his way will know that this will not bring down the coalition, however much Labour Members wish that day to come soon.

[Mrs Laing]

I take the point that the hon. Gentleman makes, and I recall very well, as I am sure the Committee does, what the Deputy Prime Minister said when he was answering that very question at the Dispatch Box. The Deputy Prime Minister is absolutely right to expect that there will be a referendum—there will be one—but its terms and the date on which it is held are a different matter. I wish to protect him from the position in which he finds himself, because I am sure that he would also wish this referendum to be fair and to be seen to be fair. If he were here to listen to these arguments, he might change his mind and decide that in order to have a fair referendum it would be better to hold it on a date other than 5 May 2011.

[Sir Stuart Bell (Middlesbrough) (Lab)]

I congratulate the hon. Lady on her speech, which is holding the attention of the Committee and, like the best speeches, comes from the heart. May I suggest, by way of gentle persuasion, that instead of saying that she might vote against her Government, she say that she will do so?

[Mrs Laing]

Of course the hon. Gentleman may suggest that to me, and I am examining my conscience carefully in that respect. I have a lot of respect for him and he is doing well in persuading me. I am sure that he would be the first, among most Members in the Chamber this evening, to agree with me that our first loyalty must be not to our party, but to this House, to the democratic process and to the workings of our democracy, which have made ours the strong, great and fair country that it is. Our first loyalty must be to this Parliament, which has exported its fair and decent way of doing things and spread democracy around the world.

[Pete Wishart]

The hon. Lady mentions democracy and her point is spot on. How dare this mouse of a measure—this splinter of a suggestion—get in the way of the clear choice of the Scottish people? Surely that is a democratic outrage. We should have a free and fair election to decide who will be the Scottish Government, not this nonsense that is in the way, muddying the water.

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[Mrs Laing]

The hon. Gentleman makes a good point. As I have said, I, like most Members of this House, have every respect for the Scottish, Welsh and Northern Irish people and their right to fair democracy and fair elections. That is why I reiterate that our first loyalty has to be to the democratic process, which makes this House and our participation in it what it is, and which makes us the representatives of people who have fairly and properly elected us to this place. We do not have cut-price democracy; we do not have elections that are not properly run. I am very uncomfortable with the idea of having a referendum, which is likely to change our constitution, run in a way that is not seen to be fair. Clearly, there is an enormous number of other dates on which this referendum could be held. Therefore, in order for it to be fair and to be seen to be fair, and for it to command the respect that we need it to command in order to protect our democracy, which gives us the authority to sit in this House of Commons, it must be held on a day other than 5 May 2011.

[Naomi Long (Belfast East) (Alliance)]

The Alliance party would generally support reform of the voting system, with the reservation that the Bill is about changing to AV proportionality, rather than full single transferable vote proportionality, which would be our preference. However, we have significant reservations about the date proposed for the referendum.

In Northern Ireland, 5 May 2011 is already set in legislation as the date of the Northern Ireland Assembly elections, and it is also the date for the local government elections, so two elections are already taking place on that day. The review of public administration in Northern Ireland has led to the date of the local government elections being changed once already, and the Secretary of State recently indicated to us that any question mark hanging over 5 May as the date of local government elections has pretty much been removed, so it is now almost a certainty that both elections will be held on 5 May.

I can understand the argument that some may put that having the referendum at the same time as other elections will increase voter participation, but I disagree: while turnout may be increased in parts of the country where there are other elections on the same day, participation is not the same as turnout. The question is the degree to which members of the public and voters are able to engage on the subject matter of the election, and not simply whether they are able to turn out and vote. Participation will be interfered with if three elections are run at the same time.

Having adequate time and space for a public debate about constitutional change is hugely important. Debate on the substance of the proposed changes will be interfered with if, on the same day, we run the Northern Ireland Assembly elections, which are hugely important to the people in Northern Ireland, and local government elections, which have an enormous impact on people’s daily lives.

There has been some debate about which election would overshadow which. I believe that in Northern Ireland there will be little appetite for a debate on the referendum. People and, to a greater extent, politicians will be more concerned about the substance of elections to the Northern Ireland Assembly and to local government. However, even if the reverse proved true, it would not be good for democracy. The elections and the referendum should be separated, so that people can give their full attention to the substantive issues that are up for debate.

In addition to ensuring that people get the full opportunity to participate in debate, there are serious logistical issues, some of which have already been raised this evening. One that causes considerable concern is that if local government elections, regional Assembly elections and a referendum coincide, there will be not simply three different elections but potentially three different groups of valid electors turning up at polling stations to cast their votes—groups with different identification requirements.

That may cause confusion among voters and those who have to administer the system on the day. It is likely to lead to congestion at polling stations, and to fairly serious disputes. There is precedent for that: we have had Westminster and local council elections on the same day, and found that some people were eligible to vote in one election and not the other, or that the information that they received about what is valid identification for one election did not hold true for the other. Our party has made significant representations to the Electoral Commission on that matter. If we confuse that situation by adding the complexities of a referendum, we are putting too much pressure on those who administer the system.

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[Chris Bryant]

Then why is the hon. Gentleman not presenting those amendments tonight? That would be the honest, decent and sensible thing to do. Instead, he is proposing a timorous beastie of a Bill—something that, in his honest heart, he knows he cannot possibly defend to his voters on the basis of his party’s manifesto.

Let me raise a few problems that I see with the proposal of the hon. Member for Brighton, Pavilion. First, there are complexities relating to how the amendment would work with regard to the spending limits set both in the Bill and in other legislation affecting referendums. That is not least because the legislation, as it stands, presumes that there will be a yes-no answer. In other words, it presumes that there will be two sides to the argument, rather than three, four or—as there might be in this case—five. Secondly, the amendment makes the assumption that one should arrive at the decision by use of AV; that is laid out in new clause 3. That gives rise to a problem. Finally, there is the problem that although the hon. Lady has presented some options, she has not presented all the options that might be available, as the starred amendment of my hon. Friend the Member for Great Grimsby (Austin Mitchell) makes clear.

I believe that it is not time for this timorous beastie of a reform Bill, which was cobbled together not so much to bring about proper reform in the country as to keep people in government. It has not been properly consulted on, properly thought through, or given the proper time to allow it to be successful. [Interruption.] The Parliamentary Secretary, Office of the Leader of the House of Commons is sitting there on the Front Bench. He is now using arguments that I used, in which I was not very confident, when I sat on the Government Benches. It is about time he stopped using the argument about hypocrisy and brass neck when he is the one, despite the fact that we cannot see the difference between his shoulders and his head, with the largest brass neck of all in the Chamber.

Let us not hear any more about new politics from the Government. This is a shoddy little Bill, not a braveheart root and branch reform—a Bill built on narrow party advantage cobbled between the two Ministers. Nasty, incongruous deals have been pushed through by tough whipping, as we have seen this afternoon—everything that the hon. Member for Somerton and Frome (Mr Heath) used to condemn when he sat on the Opposition Benches. The only reason there were not any smoke-filled rooms for Ministers to sit in to cobble together their deals is that we voted for the legislation to ensure that people’s health improved in this country. He did not.

[Mrs Laing]

The hon. Member for Brighton, Pavilion (Caroline Lucas) made a sincere speech in support of her amendment 7, but it was wrong because she argued about giving more power to the people. Her amendment has nothing whatever to do with standards in the House of Commons. It would cause confusion and lead to the loss of the two most important factors that any electoral system ought to depend on—clarity and certainty. They are present in first past the post, but they certainly are not in amendment 7.

[Mr Carswell]

I helped draft the design of the ballot paper under this amendment. Can the hon. Lady explain which bits of it she thinks her constituents would be unable to understand?

[Mrs Laing]

I did not say that my constituents would not be able to understand. My constituents are very intelligent, and I am sure that they would be able to understand. I will not go into a long explanation at this point in the evening. I am merely saying, and I stick to it, that if amendment 7 were to become part of the Bill, the referendum would bring about a system—any of the systems in amendment 7—that would lack clarity and certainty. Any voting system ought to have clarity and certainty.

Clarity is what amendment 230 is all about. I am pleased to say that the Political and Constitutional Reform Committee, of which I am a member, looked at the report of the Electoral Commission. The commission consulted extensively on the wording of the question, as the Minister has told us this evening. The Select Committee supported the suggestions of the Electoral Commission. The wording in amendment 230 is much clearer. It brings about clarity and certainty when a question is put to the electorate, as it should be. Therefore, members of the Select Committee tabled this amendment. We were delighted to discover that the Minister and the Deputy Prime Minister also supported the amendment, and I hope that the Committee will support it this evening.

[Austin Mitchell (Great Grimsby) (Lab)]

What the hon. Lady thinks about the system is largely irrelevant. Amendment 7 is designed to allow the people to speak out—to put before them the choice of a preferential system. I have to point out to my hon. Friend the Member for Rhondda (Chris Bryant) that this was exactly the wording of the New Zealand referendum. In 1993 it was decided that people did not want the first-past-the-post system, and they were given a choice about what system they wanted to replace it. In that referendum, almost 60% of people said that they wanted the additional member system. Only 6.6% said that they wanted the alternative vote.