Wales Bill

Huw Irranca-Davies Excerpts

Wednesday 30th April 2014 Commons Chamber

[Owen Smith]

It is a great pleasure to serve under your chairmanship, Dr McCrea. I had not spotted that you had arrived, for which I apologise.

The simple answer to the hon. Gentleman’s question is that this is, of course, the custom, practice and protocol in British elections for all institutions. I hear what he says about the interesting debate about whether, in an era of great cynicism towards and disinterest in and disengagement from politics, we ought to expand people’s opportunities to vote. Labour Members are looking seriously at that and have already suggested that it ought to be looked at, but for the purposes of this Bill and the principle under discussion, as opposed to the issue raised by the hon. Gentleman, it seemed simpler to stick to the customary practice of a Thursday. That is why we did not suggest a change.

[Huw Irranca-Davies (Ogmore) (Lab)]

Perhaps the hon. Member for Cardiff North (Jonathan Evans) will have an opportunity to table a probing amendment on that issue. Why does the Bill refer to five years? I understand that that is how this Parliament currently operates, but is there now an accepted body of wisdom that says that five years should be the default position of any democratic Assembly or Parliament?

[Owen Smith]

The reality is that the accepted, orthodox wisdom of electoral experts around the world, certainly in Britain, is that five years is probably too long and that four years would be more appropriate. Certainly in the history of this place, four years has been not the norm, but the exception. Ordinarily, over the long term, elections to this place have taken place rather more frequently than that. Our primary concern—this reflects the view of all parties in the National Assembly for Wales, particularly the Welsh Labour Government—was to ensure that the elections for this House and those for the National Assembly did not coincide on the same day, which would have been the case without the changes introduced by this Bill. Nevertheless, it struck us as important to probe the Government’s view of the degree of consent they ought to seek from the National Assembly and the respect they ought to show to devolution when making changes to an election that is not ours. I think that the view of most people—it is certainly the view of most experts—is that five years is too long.

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[Mr Harper]

That is a good point. As I said, I am very familiar with it, because colleagues in the European Parliament tell me—this relates to a point my hon. Friend the Member for Cardiff North made—that it can take an extremely long time for someone to get from one end of the south-west of England to the other by road, or even by rail. That is why my amendment suggests that we need to look at the advantages and the disadvantages, so that a proper decision can be taken. We need to think about the regions. As Members will recall—I know this was not popular among those on the Labour Benches—I think we have too many elected Members at the moment. The provisions that I have suggested were to reduce the size of this place, and to ensure that electors in all parts of the United Kingdom were equally represented rather than over-represented as they are at the moment, with the average size of a seat in Wales—in terms of the number of electors—being smaller than the rest of the country.

[Huw Irranca-Davies]

I appreciate the way in which the hon. Gentleman is using his amendment to test and explore the efficacy of a review of the different scenarios that could arise. I am interested to hear his thoughts on another scenario, a wholly different trajectory towards, for example, increasing to 80 the number of Assembly Members who are bound to a constituency. We could have dual Member constituencies so that there was a direct link, but that is not in the review. I put it to him that better than the amendment would be to wait for part II of Silk and for the wider issues around that and to explore all the different options relating to both numbers and structures rather than accepting a slightly partial amendment looking at only a couple of scenarios.

[Mr Harper]

I think I indicated at the beginning of my remarks that this was a probing amendment. I said that I had listened to the Minister’s response to the debate on clause 1, and that that may well be an acceptable solution. The independent review looks at the impact of the removal of the restriction on standing for both constituency and electoral region, which is obviously the specific purpose of clause 2. In particular, it says that we should examine the implications for the desirable total number of Assembly Members and proportions elected by each route. I guess it implies that we will have at least some Members elected by region. I accept the hon. Gentleman’s point that we could move to a wholly constituency-based system. I shall listen to the Minister’s response first, but I am prepared to accept that waiting for part II of Silk and the response to that may well be a perfectly sensible way in which to proceed. I thought that we should have some discussion today rather than focusing narrowly on whether a person can stand for both constituency and electoral region. We discussed that at some length on Second Reading, but I felt that a slightly wider debate would be more helpful.

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[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?

[Huw Irranca-Davies]

It is fairly straightforward.

[Owen Smith]

It is pretty straightforward. As I have said, there was an instance in Clwyd West of the abuse of natural justice and of what most people understand as democracy by a system that allowed people to enter the Assembly via the back door. That is supported by the evidence, and I want to enumerate some of the pieces of evidence, because they are extremely important.

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[Susan Elan Jones]

That is right. It is important that on such constitutional issues we have this sort of open debate and are open to ideas, as my party certainly has been. It is possible to be progressive and pluralistic but to recognise that it would be nonsense to go back to the whole issue of dual candidacy in the Assembly. I am firmly of the view that someone should either stand for a constituency seat or be on the Assembly list. There is a very strong case—my hon. Friend the Member for Ynys Môn (Albert Owen) made it—for open lists. These are the sorts of things we should be looking at.

Yesterday evening, I came across a leaflet. It was nothing to do with politics; it was to do with recycling. I spotted on it a comment that I thought was so good that I wrote it down. It is not exactly clause 2 of this Bill, but it could be. It said:

“Within as little as 6 weeks, the empty can you put into your recycling bin could be back on the shelf as a new can of cola or a new tin of beans.”

That is why we think that the Government have got it wrong on this one.

[Huw Irranca-Davies]

It is very good to serve under your stewardship, Mr Chope.

This has been an interesting debate. After listening intently to lots of good argument by Members on both sides of the Committee, I have still failed to hear a convincing argument for once again reversing a fundamental part of the current devolution settlement, but there have been many convincing and compelling arguments for why we should stay exactly as we are. That is why, having heard the debate, I intend to support my Front-Bench colleagues.

There has not been a convincing argument to reverse the ban. As has been pointed out by my hon. Friend the Member for Ynys Môn (Albert Owen) and others, there was only one manifesto commitment in the last set of manifestos, and that was the Labour party’s. It was based on the experience we had of the first outcomes of Assembly elections, where 17 out of those 20 candidates were defeated and then popped up again. Lord Richards, the Richards commission and others reported that among the electorate, not among politicians, there was a gut feeling that that was not right.

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[Jonathan Edwards]

As one of the more reasonable Members on the Labour Benches—

[Huw Irranca-Davies]

Stop!

[Jonathan Edwards]

—is it the hon. Gentleman’s view that if there were a decision in future to change the electoral system in its entirety rather than the minor change proposed in the Bill, it should be for the Assembly to make that decision, rather than the House of Commons?

[Huw Irranca-Davies]

That is a good discussion to have and it will flow from part II of the Silk commission, which we will debate in the Chamber. It is a worthwhile debate to have in the present situation, where Parliament still has sovereign powers and still in essence passes to the Assembly the ability to do certain things, bearing in mind the commitment from our Front Bench in principle that we look favourably upon the idea of reversing the current position, where it is only the delegated powers that the Assembly can legislate on. That debate is not for today, but the time will come.

The explanatory notes, which Ministers seek to use to justify the reversal, say in paragraph 12 that the concern expressed by many people

“has been refuted in studies by the Electoral Commission and others which have demonstrated that the prohibition”

that is currently in place—the ban—

“has a disproportionate impact on smaller parties who have a smaller pool of potential candidates to draw upon.”

I am genuinely bemused by that. In my own constituency, which is a strong Labour constituency, not only are there Tory voters, but there are Tory elected representatives, a Plaid Cymru representative, and others. I cannot believe that they do not have a sufficient number of alternative candidates to put on a regional list.

All we are talking about is a handful—four candidates—appearing on a regional rather than first-past-the-post list. If they do not have the numbers, that is a real signal of a lack of confidence in the capacity of what have today been termed “minority parties” in the regions. I simply do not believe it—there are people who will and should come forward. Equally, we would have to do the same in the regions. There is an onus on the party to bring people forward in the valleys, the vale, west Wales and elsewhere. The argument that each region would not have four candidates who can be put on the list just does not hold water.

[Chris Bryant]

Does not this give the lie to the accusation that the Labour party gains a partisan advantage from the present law? Given that everybody else has mentioned the Rhondda, I will too. Leanne Wood originally said that she would stand for the constituency seat, but if the law is changed she will probably stand on both lists, and I think that undermines Plaid Cymru. If the law is changed, it will hurt Plaid Cymru in the end. It will mean that she will get fewer votes in the Rhondda than she would have got in the first place. More importantly, it undermines, and makes people more cynical about, the whole concept of the Assembly itself.

[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—

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[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.