Parliamentary Voting System and Constituencies Bill

Julian Lewis Excerpts

Tuesday 12th October 2010 Commons Chamber

[Mr Jenkin]

I am grateful for the correction. My mistake reflects a gross lack of experience in this place, for which I apologise. I will vote on my amendments if I get the opportunity, but I will also support the amendment that has just been moved in the name of the nationalists.

I appreciate that, following the heated discussion about this issue during the summer, we are less likely to win this vote. Early-day motion 613 attracted a large number of signatures, including those of some 40 or 45 Conservative Members, some of whom have been made Parliamentary Private Secretaries, with one being given the deputy chairmanship of the Conservative party. Other promises have no doubt been made and career-ending threats have certainly been delivered. I wonder what would happen to the date of this referendum if there was a free vote, but that is clearly not going to happen.

[Dr Julian Lewis (New Forest East) (Con)]

May I express extreme disappointment that, as one of the people who signed the early-day motion, no offers have been made to me whatsoever?

[Mr Jenkin]

My hon. Friend should call that freedom. It is surprising that this has turned out to be a matter of such extreme importance to the coalition. The question is not whether the yes or no campaign will do better on this or that date—some people profess to know, but I confess that I do not—but why the Government think it is in the national interest or, dare I say it, in their interest to have the referendum on that particular date, and why it is so important to this Government. The only explanation that we have been given so far relates to money, but, considering the scale of the national deficit, I regard £30 million as more of an excuse than a reason. It is rather like the schoolboy whose excuse that he was late for school because he missed the bus does not exactly explain why he missed the bus.

There might be a perceived advantage for the yes campaign in having an early date before the Government incur too much disapproval from voters in relation to the difficult decisions that have to be made about the deficit. The yes campaign might perceive an advantage from a higher turnout, although the NO2AV campaign disputes that. The yes campaign might perceive an advantage in confusion and ignorance, because there is bound to be more confusion and ignorance about the substance of the issue, which I will address later in my remarks, if the polls are combined.

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[Sadiq Khan (Tooting) (Lab)]

I pay tribute to the serious contributions made in the first few speeches. Even if things do not turn out how those hon. Members would like this evening, I am sure that colleagues in the other place will read their speeches with great interest when they come to decide on the future of this Bill.

I relish my new role and the prospect of working with the coalition Government and, in particular, with the Deputy Prime Minister and the Parliamentary Secretary, both of whom are clearly committed to an agenda of reforming the Government’s political programme and strengthening our democracy. However, I am disappointed that the Deputy Prime Minister is not here. I appreciate that he has other important things to do, but it is ironic—this draws on a point made by the hon. Member for Grantham and Stamford (Nick Boles)—that the biggest proponent and advocate of the alternative vote is not here to talk about it.

The hon. Member for Harwich and North Essex (Mr Jenkin) is right that the burden should be on those of us who want AV to prove the case to the British people, first, that they should be motivated sufficiently to turn out on a separate date and vote on AV and, secondly, that they should vote yes in the referendum. I am disappointed, therefore, that the Deputy Prime Minister is not here. He is the great reformer, and his not being here sends, I am afraid, all the wrong messages to those of us who want to join him in changing how we vote in the House of Commons.

[Dr Julian Lewis]

Those of us who do not want AV under any circumstances are actually rather heartened by the fact that, apart from Liberal Democrat Front-Bench Members, who perhaps have to be here, there are only two Liberal Democrat Members—albeit very distinguished ones—favouring this stage of the debate with their presence.

[Sadiq Khan]

The hon. Gentleman knows all about conspiracy theories, and there will be people around the country with their own conspiracy theories about why so few Liberal Democrat Members are here.

The Bill has some positive aspects. In particular, some of us think that the proposals for a referendum on the voting system are good ones, but unfortunately we have concerns, as we will discuss, that other aspects of the Bill will do much to undermine, rather than enhance, British democracy. I am afraid that those aspects appear to be the product of narrow party interests, and given how the Bill has been drafted, there is a danger that those of us who would otherwise have supported it, and who ordinarily would have been allies of those on the coalition Front Bench and the Deputy Prime Minister will be forced to oppose it. The Committee has the opportunity to iron out those flaws so that the legislation can be made to support the high ideals of constitutional reform in the national interest, to which the coalition aspired only five months ago.

The starting point for today’s debate is clause 1, which, as was explained by the previous two speakers, stipulates that a referendum on moving to the alternative vote system for parliamentary elections “must” be held on 5 May 2011. As has been said by the chuntering hon. Member for Somerton and Frome (Mr Heath), the Committee will know that only one party—the Labour party—went into the last election with a manifesto commitment to hold a referendum on moving to AV. That commitment was made after an attempt by the then Labour Government to legislate for such a referendum earlier this year through the Constitutional Reform and Governance Act 2010. Unfortunately, however, those provisions were blocked by Conservative peers in the unelected House of Lords—so the conspiracy theory about why the Deputy Prime Minister is not here will continue. Furthermore, I am happy to note—and put the record right—that clauses providing for a referendum had previously been passed by a substantial majority thanks, in part, to the support of Liberal Democrat Members, one or two of whom have bothered to be here today while we discuss clause 1 of this great reforming Deputy Prime Minister’s Bill.

It is right to give the people a choice between the first-past-the-post and the alternative vote systems. AV is, like first past the post, a majoritarian system that maintains the single Member constituency link. However, it offers voters the ability to express a greater range of preferences than does first past the post, and that element has, arguably, become more salient in recent years, with the resurgence of multi-party politics in the late 20th century. AV is also more likely to secure the return of Members of Parliament with the preferences of more than 50% of electors. However, the strength of that likelihood varies depending on the form of AV used. It should be noted—I am sure that colleagues are aware of this—that the system proposed in the Bill allowing voters to express as many or as few preferences as they like would not guarantee the return of every Member with the preferences of more than 50% of electors. None the less, the voluntary model of AV on offer here could increase the legitimacy of the electoral process.

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For better or worse, this country has had a first-past-the-post system for many generations, and it has ensured that we are the only country in Europe that has never been a police state or had a police state imposed on us. It has ensured that this has generally been a freedom-loving and democratic nation, yet we are changing all that. The issue is so important that, irrespective of whether people are for or against AV or proportional representation, the arguments must be properly aired.

[Dr Julian Lewis]

My hon. Friend is absolutely right. I wonder whether he noticed the curious item in yesterday’s The Times, which suggested that certain Conservative Members were no longer going to support amendments such as his, because calculations had been done by the chief executive of the NO2AV campaign that having the referendum on the same day might actually assist the no vote. I assure whoever made those calculations that I would be just as determined to vote against having the referendum on the same day if I believed that it would advantage the no campaign as I would if I thought that it would advantage the yes campaign.

[Mr Leigh]

Exactly.

There was a meeting yesterday—perhaps I am giving away what was discussed in a private meeting, but so what, as it adds interest to the debate—and someone from the no campaign came along and said, “Well, we have done all our calculations and we think that we are now perhaps more likely to win if the referendum is on the same day because the C2 vote is likely to be in our favour”—but who cares? Stuff these sorts of arguments. When we pressed this man, he was not able to adduce any firm evidence one way or the other. The fact is that nobody knows whether their side of the argument is more likely to win on 5 May or 2 June or whatever.

Surely what is important is that the arguments around AV are complex. I know that you would immediately rule me out of order, Mr Hood, if I started rehearsing all the arguments in favour of or against AV. I am sure that the Committee accepts, however, that at first sight the issue looks quite easy. It might be said, “Well, we have this first-past-the-post system, which is clearly not proportional and seems unfair to one party, the Liberal party, which gets many more votes nationally than can be justified by the number of seats it gets in this House, so we should have a fairer system.” At first sight, then, someone might think, “Well, I am a progressive and fair person”—actually, the Committee might not agree that I am a progressive and fair person, but I can be if I try, as I do occasionally, to behave myself—“and should accept the change.” Looking at the issue in more detail, however, it gets more difficult.

A document from the Library details how an individual election might pan out, which might lead us all to start scratching our heads. Do we all know that the Government’s favoured option is for “optional preferential voting”? How many members of the public have got their heads around “optional preferential voting”? Indeed, how many Members in their places in Committee now—apart from the lone Liberal or couple of Liberals, whom we know to be anoraks—understand it? We all know, of course, that the optional preferential voting system is an AV system that does not require the voter to give preferences for every candidate, but there are other AV systems, and those arguments have to be teased out. Would it be fairer to force people to vote for every candidate? Would it be fairer to have the system used in the London mayoral elections, where one or two candidates are voted for? Or should we vote for the system that the Government are proposing? As we can start to see, the issues are complicated. Should we not therefore have a chance to tease out these issues over three or four weeks, given that we are changing the entire way of voting for the House of Commons?

[Dr Julian Lewis]

Or hopefully not.

[Mr Leigh]

Or hopefully not changing it, as my hon. Friend has said.

It does not necessarily help the argument to question what happens in Australia, Finland or the USA. It is what happens here that is important, because we care about this place and we want to create our own system, which we want to be discussed and understood by the public. We also want to make a judgment that will be considered fair.

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[Naomi Long]

I agree with the hon. Gentleman. I would go further: the problem is not just events on the day; accounting for expenditure on each of the three elections, and managing to keep that expenditure separate enough to satisfy electoral rules, will prove challenging during the campaign.

I want to reiterate a point that has been raised about the opportunity for cross-party co-operation. Those who support electoral reform may want to form a yes campaign, and those who are opposed may want to form a no campaign. Their ability to do so is significantly inhibited if the local government and Assembly elections are on the same day as the referendum, because people will be in full party election mode in the run-up to the date. The effectiveness of any yes or no campaign in areas where there are other elections taking place at the same time will be significantly diminished.

I support the moves being made to reform the electoral system, but the date should be reconsidered. I do not believe that 5 May is an appropriate date. I do not believe that there was significant consultation with regional Administrations about how having the referendum on that day would impact on their area. The issue should be thought through again to ensure that the fullest, frankest and most open debate can take place, and to ensure that when the electorate come to the ballot box, they are fully informed of why they are there.

[Dr Julian Lewis]

As my hon. Friend the Member for Epping Forest (Mrs Laing) made clear, it is a very serious step to vote against the leadership of one’s party for the first time. It will not come as a surprise to those in the Whips Office to hear that I shall be doing that today, because I informed them in advance that that was the decision that I reached. In fairness to them, with their typical liberality, they have not sought to put any pressure on me to dissuade me. [Interruption.] They genuinely have not.

What I really regret is that I shall be voting in such a way when the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), is at the Dispatch Box. He smiled as he heard me mention his name. He, at least, is aware that I have had the pleasure of attending the weddings of only two hon. Members. One was Mr Speaker’s and the other was my hon. Friend’s, even before he was elected to this House. I have no doubt that my hon. Friend will reach every bit as eminent a position as Mr Speaker, but I fear that it will not be on the strength of the arguments that we will hear from him today.

The shadow Secretary of State said from the Dispatch Box that he was puzzled to learn that the Government were going for the option of holding the referendum on an important constitutional issue on the same day as party political elections. I am glad to see him re-entering the Chamber in time for me to assist him by answering the question that he put. There is a simple answer: it is because the Liberal Democrats insist on it. The Conservative party would not have dreamt of putting forward this ghastly proposal to substitute the alternative vote for first past the post in any other circumstance, and it is being jerked about by its coalition partner.

[Mr Davidson]

What the hon. Gentleman has just said is extremely important—if it is correct. He is saying that the AV referendum and the elections are being held on the same day at the behest of the Liberal Democrats. That is immensely helpful. It would be helpful to the Committee if he would make clear what evidence he has that the referendum is to be held on the same day as the elections solely at the insistence of the forces of darkness.

[Dr Lewis]

I have very good circumstantial evidence. If it were left to the Conservatives, they would not wish this issue to be on the agenda at all; it is part of the price for the formation of the coalition Government. Also, once it became clear that this bad idea of a coincidence of dates was to be implemented, it was said time and again in the press without contradiction—in a way, the hon. Gentleman anticipates the remainder of my speech—that the reason was to improve the possibility of a yes vote. As the Conservatives, from the leader of our party down, have been explicit that we want a no vote, it is hardly likely that they, albeit reluctantly putting forward the idea for a referendum in the first place for the sake of the coalition, would insist on holding it on the same date for the reason that it was likely to get the result that they apparently do not want. I say “apparently” because naturally I believe implicitly everything that the leadership of my party tells me, and therefore I am sure that it does not want us to change the voting system.

[Mr Davidson]

That was a yes, then. The elections and the referendum are being held on the same day solely at the insistence of the Liberal Democrats.

[Dr Lewis]

The hon. Gentleman knows that I much admire his tenacity, his persistence and especially his devotion to the aircraft carriers, which I share, but I have to tell him that, for some strange reason, the leader of the Liberal Democrats does not tend to take me into his confidence when it comes to his reasons on issues of this sort. All I have been able to give the hon. Gentleman is my judgment of the situation as I see it. It seems to me that the only logical explanation for insisting on the coincidence of dates is that it is believed that the fact that major elections will be going on in parts of the country where people are used to electoral systems other than first past the post makes it more likely that there will be a higher turnout in those areas and the people there will be more amenable to voting yes to a change in the electoral system. I am glad to see a number of hon. Members indicating their assent.

[Thomas Docherty]

There has been some speculation as to the whereabouts of the Deputy Prime Minister. He was spotted just a few moments ago walking past the Chamber. We can but hope that he will shortly join us to take part in this debate.

[Dr Lewis]

I would not bet the farm on it. One of the depressing aspects of the debate, being a touch more serious for a moment, is that we are debating the proposal only because it is a Lib Dem self-interested obsession. Liberal Democrat Members have not even had the guts to come here in any significant numbers to speak up for those policies on which they insist. They are the originators of this mischief, and they are now doing the Cheshire cat act and letting my hon. Friend the Parliamentary Secretary have the sticky end of the wicket trying to defend the indefensible.

[Sadiq Khan]

Some of us are advocates of AV and would campaign for a yes vote. Does the hon. Gentleman appreciate how let down we feel that the actions of the Deputy Prime Minister make it difficult for us to coalesce a campaign and get support for a yes vote, because on the day of the referendum candidates will be standing on the Liberal Democrat ticket? That will make it very difficult for us to canvass in the days and weeks preceding the elections. It pains me to say this, because I was looking forward to working with the Minister and the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper) on other issues, but our ability to do so has been hindered by the way in which the Bill has been drafted and the proceedings on it have been conducted.

[Dr Lewis]

I shall give a slightly pragmatic answer. Frankly, as long as hon. Members on both sides of the House work for whatever reason one way or another to defeat such an unwelcome change in our electoral system, I for one shall be extremely happy.

Liberal Democrats are not known for their consistency, and that was well illustrated by the shadow Secretary of State when he revealed something that I did not know: that the Deputy Prime Minister previously opposed in principle holding a referendum on the same day as a general election. At least there would be some sort of level playing field if a referendum were on the same day as a general election. What is so iniquitous about this proposal is that all sorts of elections will be held on the same day in different parts of the country using different systems; and in some parts of the country no elections will be held at all. That is unfair and discreditable. I believe that the idea of the differential turnout was part and parcel of the scheme for proposing the coincidence of dates because it was believed that it would help achieve a yes vote.

We had a lively exchange earlier about whether the coincidence of dates would help the yes vote or the no vote, but the most important thing is not that it might help one side or the other. The important thing is that, if an issue is vital enough to warrant a referendum, it is essential that that referendum should not be adulterated by party political cross-cutting issues on the same day.

One reason why political coalitions in peacetime generally do not have good reputations is their propensity to do dodgy deals behind closed doors. This proposal is the outcome of such a deal. It is intellectually and morally indefensible. It will not be a pleasure to vote for the first time today against my party leadership on an issue of principle. I hope that I will not be wasting my time and that people on the Government Benches will find it in their hearts to do a good deed today and put maximum pressure on the Government to abandon a thoroughly dishonourable bit of political fixing. I wish I could think of some other words to describe it, but I cannot. This is what happens when parties get together and start tinkering with the rules of the game. We may play on different sides in the game, but we ought to respect the rules. The proposal to hold the referendum on the same day as differential party political elections is an attempt to bend the rules, and we should have no part of it.

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[Nick Boles]

I have a lot of respect for the hon. Lady’s point. All I say to her is that it should be possible to iron out those issues. Why different forms of identification are necessary for different elections is beyond me. I was in the Select Committee when we interviewed the head of the Electoral Commission, and she confirmed that while those are challenges, they are manageable challenges and that there is therefore no objection.

[Dr Julian Lewis]

My hon. Friend is not only charming, but courteous in giving way so graciously. May I ask him to address the specific objections put forward in the debate, not least one that is completely unaffected by his point about whether people make up their minds quickly or whether they need a long period of time to decide on these issues? Will he address the matter of differential turnout caused by different types of elections being held or not held on the same day?

Even if I accepted my hon. Friend’ point that people will make up their minds in exactly the same way with a long period of consultation or a short period of consultation, the fact is that what matters is whether they will go to the polls and cast their votes. By holding the referendum on the day when there are important elections in some parts of the country, less important elections in others and no elections in still others, we will get differential, unfair and skewed results.

[Nick Boles]

I am surprised that my hon. Friend has made that argument, because he is a doughty defender of freedom and democratic rights. Everybody in this country—in all the countries that make up this country— will have an identical democratic right to cast their vote in the referendum or not. We should not judge whether they want to or whether the campaigns will motivate them to. We already have differential turnout across general elections. So long as people have an identical right, it is all that matters.

I have detained hon. Members for far too long—

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[Mr Harper]

Off the top of my head, no, I cannot, but I do not see that that point is at all valid. I do not see that there is any problem with voters being able to make the decisions sensibly. My hon. Friend underrates those whom we ask to vote for us. His point is partly answered if we consider this year’s general election. There was a combination of a general election and local elections in some parts of the United Kingdom, but not everywhere. Some voters voted in more than one election, and some did not. I do not think that that had an impact on the results of either the local elections or the general election. If Members think that the situation meant that the results were illegitimate, that rather impacts on the results of those of us who are Members of this House.

[Dr Julian Lewis]

Is my hon. Friend seriously suggesting that there will be no difference in turnout in different parts of the country, when there are Scottish Parliament, Welsh Assembly and other comparable elections going on in some parts, local elections of some form going on in others, and no elections going on at all in others? The fact is that some people will vote in the referendum if they are at the poll, but might not have gone to the poll if it were not for those other elections. We need a level playing field to get a representative result.

[Mr Harper]

I simply do not accept my hon. Friend’s argument. If we look at the general election this year and turnouts across the country, we see that there were some constituencies where the turnout percentage was in the 70s or perhaps even in the 80s, and constituencies where it was in the 50s. Every voter had the same opportunity to vote, but turnout across the country varied. That will inevitably be the case in the referendum, and I do not think that there is anything sinister in that at all.

One of the issues raised by the hon. Member for Dunfermline and West Fife (Thomas Docherty), which I am glad to be able to address—that is why I did not want to keep taking interventions from him—was about the mechanics of how the elections were to be run. In evidence to the Scottish Affairs Committee, Tom Aitchison, the convener of the Interim Electoral Management Board for Scotland—one of the people who runs the elections—made it clear that the electoral professionals represented by his board would work to ensure that the poll was conducted in accordance with whatever the House decides. He asked that the referendum in Scotland

“be conducted on Scottish Parliamentary Boundaries”

to make sure that there was

“an efficient, clear and cost effective process”,

and said that

“the relevant Order should be amended to allow the Scottish Parliamentary elections to be formally combined with the referendum.”

He added:

“It is our current understanding that both of these proposals have been adopted”.

He is quite right, and we have listened. On 25 October, when we debate how the elections will be combined, it will be clear that we have looked at the administrative challenges and sought to make sure that the combined elections on 5 May can be conducted in the most sensible way possible.

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I shall deal with one or two points that we have not covered, conscious that the Committee probably does not want me to do so at great length. I am grateful for the kind words of my hon. Friend the Member for New Forest East (Dr Lewis). I was disappointed that he was not at the time he made his speech planning to support the Government, but I hope that he may have reconsidered. I am happy to be on what he described as a sticky wicket. I want to correct one point. The coalition agreement to have a referendum was not a deal done behind closed doors. My right hon. Friend the Prime Minister, when he was leader of the Opposition, came and put that point to members of the parliamentary party, as my hon. Friend will remember, before the agreement was reached with the Liberal Democrats.

[Dr Julian Lewis]

Will my hon. Friend give way?

[Mr Harper]

If my hon. Friend will forgive me, I want to make some progress.

[Dr Lewis]

Very wise.

[Mr Harper]

The Chairman of the Scottish Affairs Committee made a number of points. I think that I dealt with some of them in interventions. My hon. Friend the Member for Grantham and Stamford made a speech with good humour. I think he was underplaying his reputation when he said that 90% of constituents did not know who he was. I am sure that if that was true and if more of them knew who he was, he would get an even more impressive result.

The hon. Member for Belfast East (Naomi Long) and the right hon. Member for Belfast North (Mr Dodds) made some serious points about the operational issues in Northern Ireland. The franchise for Northern Ireland Assembly elections and for local elections is the same. The referendum would be conducted on the Westminster franchise. So there would be two franchises operating, but that would be the same position as when local elections are combined with a general election.

As for the ID requirements, the legislation will provide that the requirements for the referendum and the Assembly elections will be the same. I understand that my right hon. Friend the Secretary of State intends that the inconsistencies between ID requirements for voters in the Assembly and local elections will be dealt with before the polls next year.

The final point that I want to make, I am sure hon. Members will be pleased to know, is in response to my hon. Friend the Member for Ceredigion (Mr Williams), who talked about consultation. On Second Reading my right hon. Friend the Deputy Prime Minister said that we had not introduced the provisions on combination in the Bill because we wanted to take the time through the summer to work with the Electoral Commission, others in government in the territorial offices and with electoral administrators across the United Kingdom. I have written today to members of the Select Committee on Political and Constitutional Reform, Opposition spokesmen and others with an interest in the Bill, including Members who spoke on Second Reading or who have tabled amendments, and leaders of parties represented in the devolved Parliament and Assemblies, to set out when we propose to table those amendments and debate them in the House, and to give them an idea of some of the provisions. I hope that that is helpful—indeed, it was intended to be so. In conclusion, I urge right hon. and hon. Members to resist any amendments that are pressed to a Division, and I urge hon. Members thinking of pressing their amendments not to do so.