Parliamentary Voting System and Constituencies Bill

Lord Bach Excerpts

Monday 31st January 2011 Lords Chamber

Debate on whether Clause 13 should stand part of the Bill.

[Lord Bach]

My noble and learned friend Lord Falconer of Thoroton and my noble friends Lady McDonagh and Lord Kennedy of Southwark and I have given notice of our intention to oppose the Question that Clause 13 stand part of the Bill. We have done so not because we oppose Clause 13 standing part but just in order that we might hear the Minister respond to some questions.

Last week we heard from noble Lords concerning Cornwall and the Isle of Wight, as my noble friend Lord Howarth of Newport reminded us. However, we also had a long and interesting—and, I think, worthwhile—debate on Wales, to which Clause 13 relates. The clause amends Section 2 of the Government of Wales Act 2006 so that the Assembly constituencies are those specified in the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006, as amended. The effect of this change is that any future alterations to parliamentary constituencies made under the new rules introduced by the Bill will not affect Assembly constituencies.

We appreciate that without the first part of Clause 13 the reduction in the number of Westminster seats in Wales made necessary by Clause 11 of this Bill would see a comparative reduction in the number of Welsh Assembly seats. It is not this part of Clause 13 that we object to; we do not wish to see the representation provided for the people of Wales by its devolved institutions affected by legislation which will cut that representation at Westminster. However, the remaining parts of Clause 13 are included to deal with interim reviews of constituencies in Wales which might happen to be undertaken under the terms of the Government of Wales Act 2006 which are ongoing or have not been implemented when Part 2 of the Bill comes into force.

We want to raise again the particular impact that the Bill’s proposals will have on Wales. We wish to ask the Minister whether there might be a phased reduction in the number of Westminster constituencies due to be lost in Wales under the terms of the Bill. If there is not to be a phased reduction, perhaps there is a case to be made that the amount of the reduction be delayed until after the result of the March referendum on powers to the Welsh Assembly and any attendant transfer of power.

The Minister will recall—he is, after all, an expert on this point—that last week he made the comparison with the cut in Scottish Westminster representation following devolution. We would argue that that cut in seats happened only after law-making powers had been transferred to Holyrood. In holding a referendum to extend primary law-making powers in the light of the Government of Wales Act 2006 and the Calman Commission, Wales will, in a way, be catching up with Scotland in this respect. Perhaps it is appropriate that, once this has happened, its Westminster representation be reduced and a better judgment can be made as to how much it should be reduced by. I look forward to hearing the noble and learned Lord’s response in due course.

[Lord Howarth of Newport]

My Lords, if the number of parliamentary constituencies in Wales is to be reduced, it must inevitably follow that the boundaries of constituencies for the Welsh Assembly and the boundaries of constituencies in Wales for this Parliament will no longer be aligned. I do not think that it would be right for us to seek to reduce the number of constituencies that return Members to the Welsh Assembly, but I think we should appreciate that, if we are going to legislate to cause these boundaries to cease to be coterminous and to diverge, problems will arise and damage will be done politically.

My noble friend reminded us that last week we considered two amendments on this issue. One proposed a phased reduction in the number of parliamentary constituencies in Wales and the other proposed that the reduction should be delayed until such time as the people of Wales had voted to have primary law-making powers transferred to the Welsh Assembly. Both would be helpful mitigating amendments, but let us recall, in the mean time, that the Welsh Assembly, unlike the Scottish Parliament, does not have primary law-making powers and that policy for Wales is made, on a very large scale, in the Westminster Parliament. There is a block grant which transfers resources from London to Cardiff. Home affairs, criminal justice, social security, pensions and, of course, defence, foreign policy and very major areas of policy are determined still for Wales by the Parliament of the United Kingdom.

It follows from that that it is a responsibility of Members of Parliament representing Welsh constituencies at Westminster to work in close relationship with their colleagues who are Assembly Members in Cardiff. They need to be able to talk to each other about the interests of the constituents that they jointly serve. The needs of Wales need to be represented by Welsh Members of Parliament at Westminster and as things are, they are well represented by Members of Parliament of all parties at Westminster. It is easier for them to do that job because the constituencies of Welsh MPs are the same as the constituencies of Welsh Assembly Members. When that ceases to be the case, it will be far more difficult for Welsh MPs and Welsh Assembly Members to work closely and effectively together in the interests of their shared constituents. There will overlapping of boundaries. There will be cases in which Welsh Members of Parliament will have to try to represent, at one and the same time, the interests of two Welsh Assembly constituencies which may not be in agreement about what it is that they would like their champion in the House of Commons to be arguing for. There will be a muddying and a blurring of responsibility. It will be more difficult for people to do their job.

Of course, the noble and learned Lord, like others in the Chamber, is very well aware of the experience in Scotland. I see that my noble friend Lord Foulkes is not here, but my noble friends Lord McAvoy and Lady Liddell are well able to testify that, whatever the merits may have been of the redrawing of constituency boundaries in Scotland, it cannot have been made easier for an appropriate collaboration to take place between Members of the Scottish Parliament and Members of the Westminster Parliament. This is one reason—there are other powerful reasons—why I believe that it is undesirable to reduce the number of constituencies in Wales, or, if the number of constituencies in Wales is to be reduced, we should do it at a gradual pace. The service that their elected representatives are able to give to their constituents will be impaired if we lose the existing alignment of boundaries.

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Moved by

[Lord Bach]

102: Clause 18, page 15, line 12, at end insert—

“( ) Part 1 of this Act shall not come into force until the Electoral Commission has certified that every local authority has taken all reasonable steps to ensure that the electoral register is as complete and accurate as possible.”

[Lord Bach]

My Lords, the Deputy Prime Minister has frequently tried to place the Bill in the proud lineage of great reforms that led to the introduction of universal suffrage in Britain. I quote from his “new politics” speech, delivered in May last year:

“I’m talking about the most significant programme of empowerment by a British government since the great reforms of the 19th Century. The biggest shake up of our democracy since 1832”.

In the same speech, recalling the “anger and disappointment” felt by thousands of people who were turned away from the polling stations on general election night, he declared:

“You must be confident that, come polling day, your voice will be heard … Under this government’s plans, you will”

However, we know, as the Committee has heard before, that as a result of gaps in our electoral register, many millions of people are going to be denied a voice—indeed, any acknowledgement of their existence—in the two central proposals contained in the Bill.

The Government are fond of saying that this Bill is underpinned by the principle of equality, but you cannot get equality on the electoral playing field on the basis of a grossly unfair or unequal register. This is particularly so in respect of the proposed boundary changes, which are to be drawn on the basis of the December 2010 register, from which it is agreed that upwards of 3.5 million eligible voters are missing.

Putting that problem on one side, I think that the problem of underregistration also has a significant bearing on the referendum on the alternative vote, which is the subject of Part 1 of the Bill. As we are well aware, the Government intend that the referendum will be held on 5 May next, which, in our view, would be an unsuitable date. Even if the referendum goes ahead on that day, the referendum will at least be contested on a marginally more up-to-date electoral roll than that to be used for the boundary changes, if for no other reason than that there is still time to put missing people on the register. If the referendum was not going to be held so soon, this would allow even more time.

Happily, the Bill provides for that eventuality. Following the Committee’s acceptance of the amendment moved by my noble friend Lord Rooker, the Bill will not actually require a referendum to take place until October of this year. We believe that that extended deadline provides an important opportunity for the registration problem to be properly addressed and sufficient leeway for the acceptance of Amendment 102.

Amendment 102 is concerned with the commencement of Part 1 of the Bill. If accepted, the amendment would require the Electoral Commission to certify,

“that every local authority has taken all reasonable steps to ensure that the electoral register is as complete and accurate as possible”,

before the AV referendum is held. The amendment would not require a certain percentage of eligible voters or resident adults to be registered. In previous debates, that was felt to be an unreasonable target. Indeed, there was some disagreement about what the right percentage target would be. The amendment would simply impose on the Electoral Commission a requirement to judge whether local authorities are doing all that they reasonably should to ensure that as many people as possible are registered to vote.

[Lord Lawson of Blaby]

I have noted what the noble Lord has said. Does he consider that there may be some people—perhaps a lot of people—who do not register simply because they are not interested in voting at all? That may be deplorable, but that may be the case. Therefore, many of those who are not on the register may not be so due to any failure on the part of the responsible authorities in getting them on the register.

[Lord Bach]

Of course the noble Lord is right. There are some people who decide, as a matter of choice, not to vote in any election of any kind or may, in the past, have had some reason for not putting their names on the register. However, my amendment seeks to ensure only that local authorities have taken all reasonable steps to ensure that the electoral register is as complete and accurate as possible.

[Baroness McDonagh]

Is my noble friend aware that there is a legal duty to register? It is the choice of the citizen whether to vote, but it is a legal responsibility and requirement to register.

[Lord Bach]

I am extremely grateful to my noble friend for reminding the Committee of that. During the course of this Committee, I asked the Government Front Bench whether it is a legal requirement to register—of course it is not a legal requirement to vote, although I must say that I was brought up to believe, and still believe, that it is a duty. As my noble friend has reminded me—I cannot remember which Minister replied—the noble Lord, Lord McNally, in an Oral Question some months ago maintained that it is not a legal requirement to register. That is a very important matter that needs to be determined. It may be that registration is a legal requirement that is observed more in the breach than in fact. That would still make it a requirement, albeit one that is somehow put on one side.

[Baroness Golding]

I think that what was said was that it was a legal requirement but that, as far as the Minister knew, nobody had ever been prosecuted.

[Lord Bach]

I think that that puts the law in a very interesting position on this important point. I am grateful to the noble Lord, Lord Lawson, and to my noble friend Lady McDonagh for raising these issues.

[Lord Tyler]

Will the noble Lord revert to the question of timing? I expect that the noble Lord and I both recall a very powerful speech by one of his noble friends earlier in the Committee's proceedings, in which it was pointed out that, because of the general election last year, quite a lot of people registered even in the last few days when they were permitted to do so. Therefore, the register of December 2010 is probably more comprehensive than one that we might imagine in future. Delaying the referendum, perhaps until October, might mean that people would drop off the register rather than be fully and comprehensively covered by the one that will currently be the basis of the referendum. The noble Lord's point about timing could be taken either way.

[Lord Bach]

The noble Lord is too modest. I think that it was he who made the powerful speech making that point—Hansard will show that—but the point does not lose its value by his repeating it.

[Lord Tyler]

My Lords, it was not I. The point was presented much more powerfully on his side of the House, and I simply endorsed it.

[Lord Bach]

In that case, congratulations are in order all round. The point is interesting, but we could improve the register if the referendum was delayed by a number of months, as seems to be the will expressed by the Committee.

As far as voter registration is concerned, noble Lords will recall an Electoral Commission study published this year—it has been quoted before, but I make no apology for repeating it—which states that,

“under-registration is concentrated among specific social groups, with registration rates being especially low among young people, private renters and those who have recently moved home ... The highest concentrations of under-registration are most likely to be found in metropolitan areas, smaller towns and cities with large student populations, and coastal areas with significant population turnover and high levels of social deprivation”.

I do not need to go through the figures again. We have heard before about the percentages of certain groups of our population who are unregistered. It is a sad story that should not be allowed to continue. The point has been made many times that we did not do enough about that issue until late on in our Government; we are asking this Government to do something about it now, particularly as we are moving towards a plebiscite in the form of a referendum, which is very rare in our country, and we want as many people as possible who are entitled to vote to be on the register. In the context of a potentially low turnout, which the House will perhaps want to debate again on Report, the differences likely to result from the unequal participation of social groups such as young people and others could have a major bearing on the outcome of the referendum.

It is very rare that we resort to a referendum in Britain. When we do, we should ensure that it takes place on an even basis. In the interest of fairness, I urge the Minister to consider our amendment with some care. I beg to move.

[Lord Soley]

My Lords, I support the amendment. It touches on two things. The first is the general principle that we need to improve registration. I have argued before that we have something of a postcode lottery in how good registration is from one local authority to another. That general point relates to this debate because the amendment would require that we deal with that before the referendum. I suspect that the Government are concerned only about whether they could do so in time. However, we must start the process.

As an adviser to the Electoral Commission, I have felt for a long time that we need to improve the registration process. I do not think that anybody on either side of the House disagrees with that. My experience is that until we get an agreement on a body that will raise the standard by saying what that standard should be across the country, some local authorities will carry out registration extremely well, others will do so very poorly and others will be in between. We know which local authorities perform well and we know which perform very badly. The in-between group is more difficult to identify. The Electoral Commission must have a duty placed on it to come up with a standard in electoral registration that local authorities must achieve.

Having just filled in my registration form again, I know that the form suggests very heavily that not to fill it in accurately is illegal and that one would risk prosecution. It implies that registration is a legal requirement in exactly the way that was described in the earlier intervention. I would like the Electoral Commission to have a duty to say that all local authorities have to make every effort to get people on to the register. I recognise that there is a time problem in relation to this amendment and the referendum, but I do not see why we should not make a start. We could do that now. It would be possible to say that, given the variable standards at the moment, the small number of local authorities that we know do not make the effort have got to do so. Perhaps we could then build on that for future occasions, when we would expect the Electoral Commission to say that all local authorities have reached a minimum standard.

The issue of underrepresentation in key areas is crucial. We all know that some areas have much greater underrepresentation than others, and we all know that some local authorities in those areas do not make anywhere near enough effort to get people registered. Those are the authorities that we should focus on. It would be very good news if the Government said to the Electoral Commission, “We expect you to send out to those local authorities a note warning them that if they do not raise the standards in their area and do more to make sure that people are on the electoral register—and do that at least as well as the best local authorities—you will continue to breathe heavily down their neck until they deliver the standards that you expect”.

Underrepresentation is a major problem. It has distorted so many issues that we have debated in the Bill that we should not allow it to continue. What troubles me is that the Minister and the Government have made no effort to find a way of addressing the problem. I ask that in due course they take up this amendment and extend it beyond the referendum to a general expectation of local authorities and the Electoral Commission that they apply that standard.

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[Lord Wallace of Tankerness]

I indicated that the commission's report on performance standards for electoral registration officers in Great Britain showed that just under 96 per cent of electoral registration officers met the completeness and accuracy of the electoral registration records standard this year. So they are already measuring and, against that, they found that just under 96 per cent had made it. I do not think there is any dispute in this Committee about the importance of electoral registration. We wish to pursue pilot studies to compare the electoral register against other public databases so that we can identify people who are not currently on the register. If the trials are successful, we will roll this out nationally to ensure that registration officers are aware of what has been shown up by the trials so that they can better target people to get them on the register. There is a commitment to improve the rate of electoral registration but we cannot accept that the referendum should be postponed, possibly indefinitely, awaiting the kind of certification which this amendment proposes. Therefore, I beg the noble Lord to withdraw the amendment.

[Lord Bach]

I am very grateful to all noble Lords who have spoken in this short debate and particularly to the Minister for what he has said. I am not so sure about the noble Lord, Lord Newton, who made me sound like a kind of modern Herod who wants to lock up 16 to 18 year-olds who do not register. Both sides recognise that this is a serious issue and it has to be dealt with. Of course, I shall withdraw the amendment tonight but we may well bring this up again in some form on Report. I beg leave to withdraw the amendment.

Amendment 102 withdrawn.

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[Lord Foulkes of Cumnock]

I would love to think that I am part of a conspiracy to undermine the so-called fair voting systems that some people want. It is a genuine slur on the returning officers—I know my noble friend Lord Rooker does not mean it—to suggest that they are part of any kind of scam. They are raising genuine concerns as non-political civil servants who work for local authorities. However, I draw the attention of my noble friend to Belgium, which has this PR system. It is seven months since the Belgian election and the country still does not have a Government. That is probably a better example. In Scotland, we can manage it rather more quickly than that.

Aside from that diversion, I ask the Minister—who has been very helpful, as has the noble and learned Lord, Lord Wallace—to look into this and, if there is a problem, to see whether there is any way to resolve it.

[Lord Bach]

My Lords, my noble friend’s amendment is entirely sensible. Indeed, following on from the previous amendment, I suspect that the Leader of the House may secretly or quietly agree with it. He may not be able to say so, because, as he reminded us, he is now in government. However, the amendment is sensible and I ask the noble Lord at least to take it back and consider it carefully. Also, the point of my noble friend Lord Foulkes about what appeared in the Scottish press yesterday is well worth the Government considering, if not responding to tonight.

This amendment is not contrary to the will of this Committee, due to the second Rooker amendment that is now well known in political history—the one that this Committee passed on 30 November stating that the voting system referendum must be held at some point before 31 October next year, which is clearly within the three months that this amendment mentions. The amendment of my noble friend Lord Rooker was subtle but important. It was hastily dismissed by the Government at the time of its passing, but perhaps they now regret that. It would have eased the pressure under which the Government find themselves.

By recommending a gap of three months between Royal Assent and the holding of the referendum, this amendment facilitates a period of proper preparation, including, most importantly, a proper information and education campaign on the difficult issues that the public are being asked to vote on, which are not that simple. We were reminded about New Zealand, which, when it changed its voting system in the early 1990s, provided a year-long information campaign.

I remind the Committee that Amendment 6 to this Bill, moved a long time ago, advised that a gap of between six and 18 months be inserted into the timetable for the referendum to allow for preparation and an information campaign. This amendment falls far short of that, but is moved with the same motivation. It seeks to facilitate a state of affairs that is an improvement on the 10 weeks or less that the Government’s timetabling will provide the Electoral Commission with to disseminate information about the poll. It is less than 10 weeks in which to inform the public about an issue which Electoral Commission research informs us there is perilously little information or knowledge about.

This is not the proper context in which to be asking the public to make such an important decision, whether you are for this form of AV or for first past the post. Officials and interested participants should be given adequate time to provide this information.

[Lord Tyler]

As I recall, the noble Lord and his colleagues supported the amendment of the noble Lord, Lord Rooker, which the Committee then passed, on the basis that we could still hold the referendum on 5 May, but it was left open for the referendum to be held at any time thereafter, before October. Is the noble Lord, Lord Bach, now saying that he is precluding the referendum being held on 5 May? That is a change of position, is it not?

[Lord Bach]

My Lords, we now know that the Bill certainly cannot be passed three months before the referendum due on 5 May. Therefore, we think that my noble friend, in moving this amendment, is being realistic. That does not take away from the effect of the amendment of my noble friend Lord Rooker, which we were glad to support and still do in principle. However, if the Government wanted a kind of middle way, they might be very sensible to pick up what my noble friend Lord Lipsey has suggested. We hope that the Government treat the amendment with some sympathy.

[Lord Strathclyde]

One of the most interesting facts that I have learnt today is just how many noble Lords opposite read the blog of my noble friend Lord Rennard. He should be immensely pleased and impressed that he has elicited such a reaction from noble Lords. I hope that at some stage he will commercialise it in an appropriate manner.

The noble Lord, Lord Foulkes, asked questions about the Scottish association of returning officers. I will certainly look into the questions that he has raised. Earlier in Committee we discussed this and the information we had at that time was that there would be no problem in Scotland. It will be interesting to see whether that has changed.

The view of the noble Lord, Lord Rooker, was that people are not prepared. Interestingly, he said a number of things in support of the amendment. The amendment provides a three-month delay, as though they would not be prepared now but they would be prepared if there were a three-month delay. I am not sure that is right. I think people have a perception about AV and I am not sure that there will be an enormous difference between the 10-week limit that we have at the moment and three months. The Government see no compelling reason to fix the length of the period for this referendum to a minimum of three months.

It is worth reminding noble Lords opposite that the previous Government worked to swift timetables in organising the 1998 devolution referendums. This referendum was announced as far back as June or July. The Bill was introduced in July in the House of Commons. Of course, as has been recognised, I do not know when the noble Lord, Lord Lipsey, tabled the amendment but it would mean that a target date of 5 February would have to be set, and that is later this week. If that target were not met, the provision would need to be given retrospective effect so that the referendum period could still begin three months from the date of the poll; for example, on a date before the Bill receives Royal Assent, and neither is desirable or necessary.

Practical arrangements by the Electoral Commission have been well under way for months, ensuring that the referendum can take place on 5 May under the current referendum period timeframe. The Electoral Commission expanded on that in its briefing on 7 December and said:

“We have been working with local Counting Officers and Returning Officers to prepare plans on the basis of a referendum on 5 May 2011, alongside the other polls planned for that day, and in our most recent assessment we said that sufficient progress has been made for us to be confident they will be well run. Similarly, those intending to campaign at the referendum will have been developing their plans for the date specified in the Bill as introduced”.

So a good deal of work has already been done by the registration officers and those who wish to run the campaigns have been working on their material. For those reasons we do not think that there is a need to extend the referendum period, as everything points to those involved being well prepared.

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[Lord Howarth of Newport]

I pay tribute to the part played by the noble Lord, Lord Low of Dalston, on the Disability Rights Task Force and to his resourceful, imaginative and courageous campaigning in the interests of disabled people over a great many years. We are proud to have him as a Member of this House and greatly welcome his contribution not only to debates on the status and position of disabled people in our society but much more widely.

The situation that the noble Lord has described to us is a disgrace. It may be that, as the Electoral Commission has suggested, legislation is more or less sufficient, or ought to be, to ensure that the proper requirements of disabled people within our electoral system are accommodated, but evidently it is not working in practice. Whether that is a matter of lack of financial resources or, more likely, that it is a matter of attitudes and culture I do not know. But in all events, we need to take energetic and determined steps to greatly improve the state of affairs to which the noble Lord has alerted us.

It may be that the amendments he has proposed are the kind of practical amendments needed to rectify some of the deficiencies in existing legislation and regulations. Again, I do not know for sure, but it seems to me that the measures that the noble Lord has proposed are modest, practical and reasonable, and it is hard to imagine what objection could be made to them. But whether or not legislative change is the key to improving the state of affairs that he has described, ensuring that disabled people are included as they should be within our electoral and broader political systems, it is evident that there needs to be leadership and drive to ensure that the attitudes and the performance of professional staff in this field, and I daresay also of the political parties, are greatly improved.

I therefore look forward to the response from the Minister. We should all be grateful to the noble Lord, Lord Low of Dalston, for calling our attention to a matter of serious concern and on a purely bipartisan basis. There is no party politics in this. I am sure it is universally agreed around the House that the arrangements that govern elections and certainly the holding of this particular referendum will in practice ensure that disabled people are in no way inhibited or debarred from participating.

[Lord Bach]

My Lords, the Committee should be grateful to the noble Lord, Lord Low of Dalston, for moving his amendment and speaking to the other amendments in this group, and for informing the House about the results of the Polls Apart survey. The noble Lord said that this was a reasonable set of amendments and we on the opposition Front Bench agree. We think they are all sensible as well as reasonable and that they should be supported around the House in due course.

Our advice to the Government is that they should go away with these amendments and think very carefully indeed about how they can implement them. If they do not, I suspect the noble Lord will come back on Report and will have very wide support around the House from all sides so that these practical suggestions can be put into effect. As I say, the opposition Front Bench support these amendments.

[Lord Strathclyde]

My Lords, from these Benches we, too, are immensely grateful for the way the noble Lord, Lord Low, moved his amendments and I am sorry he had to spend so long waiting and listening to the rest of us before he got to them. Perhaps I may say at the outset that the Government enormously welcome the principles behind these amendments. I shall give him a very full reply and I hope that he will consider it before Report.

Similar amendments were debated in the other place and the Government stated their commitment to ensuring that everybody has an equal opportunity to cast their votes in this referendum. It is right and important that every effort is made to ensure that all individuals, with or without disabilities, are able to exercise their democratic rights. The Bill already contains significant provisions to ensure that voting is fair for all. This includes those voters with disabilities. Existing anti-discrimination legislation also already imposes duties on public authorities which are directly targeted at involvement in public life. Specifically, the Disability Discrimination Act 2005 was amended to include a duty on public authorities to promote the equality of individuals with disabilities.

Ensuring that ballot papers and polling stations are accessible to all is already a duty that counting officers will need to take forward. For the purposes of the referendum, the chief counting officer will also be able to give directions to counting officers on how they discharge these functions.