Parliamentary Voting System and Constituencies Bill

Hywel Williams Excerpts

Tuesday 12th October 2010 Commons Chamber

[Sadiq Khan]

The best that I can do for the hon. Gentleman is to quote from the evidence that the excellent Select Committee on Political and Constitutional Reform received, which said:

“There should be no distraction from the national assembly election. That is why we have agreed with other parties in the Assembly that our own referendum should not be held on the same day as the Assembly elections.”

The important point is that for very good reasons the Assembly has decided not to have its referendum on the same day as the election, because it does not want to blur the issues. It would be counter-productive for there to be three, or two, elections in the early part of 2011; it would be confusing and blur the issues.

[Hywel Williams (Arfon) (PC)]

I rise to agree and to make exactly the same point. I disagree with the hon. Member for Ceredigion (Mr Williams): if the fatigue argument carries any weight, the Welsh electorate will already be fatigued, as we have our own referendum on 3 March, which is a very strong argument for having the other referendum on some other date.

[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%.

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[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.

[Hywel Williams]

Clearly, the cost argument is blown out of the water in Wales as we are to have a separate referendum. We are going to spend money so that we have a separate referendum on 3 March. That gives the lie to the cost argument.

[Thomas Docherty]

I am grateful for that point. My hon. Friend the Member for Glasgow South (Mr Harris) is present and he has usefully highlighted the fact that in the last three months the Deputy Prime Minister’s own costs have risen from £80 million to £100 million—a sign of inflation going mad within the coalition.

The second reason for suggesting an alternative date is in order to ensure that there is the fairest possible ballot. As I mentioned in response to an earlier intervention, not all parts of the United Kingdom will be holding elections on 5 May 2011. Large swathes of England have no elections scheduled. Recent history shows that in such circumstances turnout in the Scottish, Welsh and Northern Irish elections is significantly higher than in places in England that are holding purely local government or mayoral elections. If the referendum is held on the same day therefore, we will not be starting from a level and equal playing field in respect of participation. I and many others believe that, in effect, those who propose the referendum in this way are hoping to rig the methodology in their favour.

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[Mark Durkan]

My hon. Friend has punctured the argument and identified the inconsistency of the Liberal Democrats, and I shall not add anything further on that.

As legislators, we will have to think about these difficulties. We must look at previous legislation and at the situations that might be generated by what we do tonight. It is not about saying that the public cannot cope with different choices, but about the media and political systems and the Electoral Commission itself. Many of us have asked questions in the past about how well the commission does its job of monitoring elections and election expenditure, and the bye balls it appears to give to some people who cannot complete returns or who put in returns of very little expenditure that completely contradict their evident and expensive publicity material. So it is about ensuring that the elections are fought free from controversy and confusion about referendum campaign spending, and about ensuring that the campaign takes place in conditions that are most conducive to full and proper debate.

The hon. Member for Belfast East (Naomi Long) made an important point about cross-party campaigning. One of the benefits of a referendum campaign that perhaps enables people from different parties to unite and join forces to commend or resist a reform is that it offers an almost unique opportunity in Northern Ireland for cross-party campaigning and a public debate. That will be completely eclipsed if the referendum takes place against a backdrop of Assembly and local government elections. The imperatives of party politics and the party vote will always outweigh the democratic debate about which is the better voting system.

I believe that in Northern Ireland we can have a debate about the merits of the alternative vote, and if later amendments succeed and we have a bigger choice in the referendum, so much the better. However, we could at least have a debate in Northern Ireland about the alternative vote, which would be one way of freeing us from the tragedy of the first-past-the-post system. The latter condemns us to sectarian head counts at Westminster elections, because people have to vote tactically either for the nationalist likely to beat the Unionist or the Unionist likely to beat the nationalist. People who want to vote for other reasons and express more sophisticated political preferences and endorsements find themselves trapped in that sort of sectarian head count by first past the post. If people do not want to be freed from the sectarian headcount, they can make that choice, but at least let us have that honest and open debate on a cross-party basis. We will not be able to have that debate if this referendum takes place on 5 May 2011. If that is what the Liberal Democrats want to condemn Northern Ireland to, so be it, but the rest of us want better—not just for next year, but for the future.

Some Members have raised issues about differential turnouts. I am less concerned about that. If I am concerned about anything, it is that some Conservative Members who do not have to contend with elections of party colleagues in their constituencies will turn up and have time to spare campaigning on the referendum in Northern Ireland. They could be prolific and very active in the referendum campaign, while the rest of us would be preoccupied with election campaigns. The issue of differential attendances can work more than one way, which is why hon. Members, including the hon. Member for Gainsborough (Mr Leigh), are right to say that we should suspend our calculations of how one day might favour the vote on one side or another. Let us just say that we want to ensure as little confusion and controversy as possible. If we go for the day proposed, there will be confusion, controversy and allegations of undue conduct and improper spending, which will only bring us back all over again to the expenses scandal and the contamination of politics by money.

[Hywel Williams]

We have had a very good debate, and I will not detain the Committee with repetition. However, I would like to thank the hon. Member for Grantham and Stamford (Nick Boles), who defended the Government’s position.

[Mr MacNeil]

Promotion, promotion!

[Hywel Williams]

Promotion, indeed. The hon. Gentleman was heroically, magnificently incoherent—so he should go far on the Government Benches.

The hon. Member for Ceredigion (Mr Williams) distanced himself—and, to some extent, his party—from this shambles. That has a significance in Wales that some hon. Members perhaps do not quite realise.

As far as I can see, there are many, many reasons not to hold the referendum on the same date as the elections in Wales, Scotland and Northern Ireland, but so far no compelling reasons have been offered for why we must have the referendum on 5 May next year, apart from the reasons alluded to earlier: that this is part of the deal between the two parties that make up the coalition. As far as I can see, that is the only reason offered.

My major concern is that the referendum is to be held on the same day as the Assembly elections in Wales. In that respect, the arguments that we have heard about political interference from one campaign to the other are pertinent. It is difficult for us to hold the Assembly elections and the referendum on the same day, not least because of the points that have already been made about the media. In Wales, English newspapers have a huge penetration. Very few people read newspapers originating in Wales. The debate is therefore dominated by UK issues, or perhaps even by English issues. That will have a significant effect on the democratic debate leading up to our Assembly elections.

The argument has been made that there is a cost element involved, but, as I said in an earlier intervention, we will now have another referendum in Wales, on 3 March—we will have one on 3 March, one on 5 May and the Assembly elections on 5 May. That blows out of the water some of the arguments about cost.

[Chris Bryant]

The hon. Gentleman said that there would be a referendum on 3 March. My understanding is that the Assembly has asked for that referendum to be held on 3 March, but we have not yet heard from the Secretary of State for Wales whether there will be a referendum on that date or not.

[Hywel Williams]

I take the hon. Gentleman’s point entirely. One of the reasons put forward for holding that referendum on 3 March is that there might be contamination between the referendum on further powers, the referendum on AV and the Assembly elections. That argument has been made by those in all parties in Wales, and it is the same argument that we are making this evening.

If we are not to have three elections on the same day in Wales, as the cost argument proposes, then why are we having two? Surely the argument against having three works against having two as well. There are a number of reasons for not holding those elections on the same day, including the difficulties of having a full and clear debate. Some hon. Members will remember the referendum that we had in 1979, when the unpopularity of the Government intruded strongly into the debate on whether devolution should have been introduced at that point. Unfortunately, the devolution question was not uppermost in many people’s minds in 1979.

There are administrative difficulties for the electoral services departments in councils. The number of ballot papers and the confusion among the general public has already been referred to, as has the ability to process electors at busy polling stations. All those reasons, which have been mentioned by other Members, are persuasive. There is also the issue of administration. Referendums have been organised in Wales on a number of previous occasions—we have even had one on Sunday opening. We are used to referendums in Wales, but they are normally organised on the basis of local government units, of which we have 22. However, on the same day as the referendum, we will be having Assembly elections organised by constituencies, 40 of which will be decided on first past the post, with a further 20 being decided on the d’Hondt 2 system. That is a recipe for potential confusion to say the least.

[Thomas Docherty]

The hon. Gentleman mentions previous referendums, but when it comes to counting the ballot papers, is it normal practice for the ballot papers in referendums to take priority over the sovereign elections to the Welsh Assembly or local authorities?

[Hywel Williams]

I will refer to that point in a moment, but it is a significant one. The questions that immediately come to mind are: who will have responsibility for ensuring the correct polling cards are sent out? Who will take responsibility for ensuring that the ballot boxes are returned to the correct authority, so as to ensure that counting takes place? And, as the hon. Gentleman has said, will the UK referendum be counted first, and is that not an insult to democracy in Wales, Scotland and Northern Ireland?

I draw the House’s attention to the election in the Vale of Glamorgan in 2007. Counting went on throughout the night, finishing at 10.30 am after five counts. Fortunately, there was no need for recounts on the regional list papers; otherwise, it would have taken even longer. We might, of course, have that sort of recount in May. There are also questions about the feasibility of holding the three votes at the same time.