Draft Combined Authorities (Mayoral Elections) (Amendment) Order 2022 Draft Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2022 Draft Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022

Jon Trickett Excerpts

Wednesday 30th November 2022 General Committees

[Jon Trickett (Hemsworth) (Lab)]

I am pleased to serve under your leadership of the Committee, Mrs Murray. I rise briefly to raise a couple of points about the provisions.

These are quite ingenious ways of moving from one system of voting to another, and the details are extremely complicated to follow. However, there are helpful explanatory memorandums for each of the provisions, and I went to those to try to understand the details of the various measures that are being changed. I was particularly interested in the consultation process, which does not seem to have taken place. The explanatory memorandum to the Combined Authorities (Mayoral Elections) (Amendment) Order 2022 says that there is a statutory duty to consult under paragraph 12(4) of schedule 5B to the Local Democracy, Economic Development and Construction Act 2009. What did the Government do? They consulted the Electoral Commission—full stop. They did no further consultation at all, and we can identify fairly easily from the explanatory memorandum why they did not. Another reason, of course, is the politics of all this, which are always interesting. My hon. Friend the Member for Nottingham North exposed some of that.

Some of the arguments developed in the explanatory memorandum are difficult for the Government to sustain. I want to probe why, in paragraph 10.3, whoever it was who wrote the explanatory memorandum on behalf of the Government says, “Well, we had a referendum, and people decided they did not want a change from first past the post.” However, the referendum was about the alternative vote—a different kind of proportional representation from SV, which is in place for the mayoralties. Why are we applying the lessons of a referendum about one system of voting to a completely different system of voting and saying that people have expressed a view? They have not expressed a view on SV, because they were never asked.

The truth is that, as the explanatory memorandum says, no consultation took place with the public at all. The Government decided not to bother. The Conservative party used to be the party that would protect and conserve the constitution. What the Conservatives are doing here is playing around with the constitution in a number of ways. I will come to my second point in a moment, but first I ask the Minister why that paragraph is praying in aid a referendum about one voting system to argue that we do not need to consult on a completely different voting system.

My second point—I know that you will listen to me carefully, Mrs Murray, and tell me if I am out of order—is that moving from the system we have is that probably no Mayor in the country will ever be elected with more than 50% of the vote. If we look at the 2019 North of Tyne mayoral election—I will develop the point in a second to show why it is relevant to today’s proceedings—Jamie Driscoll, who is an excellent Labour Mayor, was elected on a 32% turnout. However, in the first round he received only 33% of the vote, which means that only 10% of the electorate voted for him. One would imagine that that is what will happen under first past the post: a person with executive duties, making decisions about the nature of a region, will have been elected by only one in 10 voters.

[Mark Fletcher]

Will the hon. Gentleman give way?

[Jon Trickett]

Let me just make the second point, and then the hon. Gentleman can come in.

I am not looking only at Labour Mayors; Andy Street in the West Midlands received 48% of the vote on a 31% turnout, but the truth is that, of the total number of people who might have voted, only 15% voted for him—[Interruption.] Has the hon. Member for Bolsover been told by his Whip not to intervene on me?

[Mark Fletcher]

No. Will the hon. Gentleman give way?

--- Later in debate ---

[Jon Trickett]

I will give way with pleasure.

[Mark Fletcher]

I thank the hon. Gentleman for giving way, and I apologise for not thanking the hon. Member for Nottingham North for giving way earlier. I am slightly curious about how the hon. Member for Hemsworth feels Members of Parliament hold up when it comes to their electoral share, given that we are elected by first past the post. I am also delighted to point out—this was the point the Whip, my hon. Friend the Member for Redcar, was just making—that Ben Houchen did all right.

[Jon Trickett]

I will come to precisely that point. I was the leader of a great council—Leeds City Council—for almost 10 years under Mrs Thatcher and then under John Major’s premiership. I was elected under first past the post, but we had a parliamentary system, as we do here. The Prime Minister is not elected by the people; he or she is elected by parliamentarians, and it was the same with the council. I was elected as leader of the council by the councillors, who had been elected by the public. What we have here is a presidential mode of running local regions and councils, in the sense that we have directly elected Mayors—who are not really accountable to a council or a group of councillors and who are able to make executive decisions of some significance, often spending large amounts of money—elected by only 10% of the population. That is quite an issue, and it needed to be properly debated with the public.

We are back to the failure to consult the public. Why on earth did we not consult the public? Why on earth have we allowed a situation in which only one in 10 voters might vote for an elected Mayor, who will have executive decision-making powers of a kind that the Prime Minister does not have? Certainly, under the normal system of council governance, a council leader would not have those powers. That is quite a mistake.

In paragraph 12.3 of the explanatory memorandum, under the heading “Impact”, we find out that we can save money by moving from one system to another, but are we really going to put a price on democracy? The memorandum says that we will save £7.3 million by moving from one system to another. That cannot be a justifiable reason for changing the way we do things without consulting anybody in the country. I have major reservations about this. I remain to be convinced of the case for moving away from first past the post in parliamentary elections. Once we establish a system for setting up and electing what are effectively neo-presidential authorities, having tinkered with the British constitution, we should not change that system without at least speaking to the public. If we spoke to them, perhaps we would end up with more engagement.

My final point is not at all in the documents before us—you will probably rule me out of order, Mrs Murray. If the Government stopped this system of Mayors who simply operate with delegated powers and administrate decisions made by central Government, and if those Mayors were given real powers, we might get more engagement with the public and might not have to tinker with the electoral system.