Parliamentary Constituencies Bill

Lord Duncan of Springbank Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Thursday 26th November 2020 Lords Chamber

Noble Lords know as well as I do that the Covid-19 pandemic has had a devastating impact on our society, particularly on elderly people, too many of whom have died, but also right across the piece. The pandemic has also had a particularly devastating effect on young people. Many will lose their jobs, as has been said. Many will be from black and minority ethnic communities, who are disproportionately losing their jobs. Given that they are dramatically affected, it is incumbent on us to give them the tools to put things right. That cannot happen unless they have a political voice to make demands on us. As parliamentarians, it is our job to make it as easy as possible for them to play a role in our society—including through registering to vote and voting—by forging a future pathway that will give them the opportunities that they deserve.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

My Lords, the following Members in the Chamber have indicated that they wish to speak: the noble Lords, Lord Rennard, Lord Beith and Lord Lexden. I will call each in turn, then if anyone else in the Chamber wishes to speak, they too can be called—[Interruption.] I beg noble Lords’ pardon; they are quite right. The noble Lords, Lord Adonis and Lord Blencathra, both told me that they wished to speak; I just left them off the list because I did not write it down properly. I will call each noble Lord in turn then I will seek any other speakers in the Chamber. To begin with, I call the noble Lord, Lord Rennard.

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[Lord Lexden (Con)]

My Lords, I support the amendment proposed by the noble Lord, Lord Woolley of Woodford. Like him and other noble Lords on all sides of the House, I deeply regret that the amendment cannot be moved by the noble Lord, Lord Shutt of Greetland, who so effectively made the case for action to get more young people on the electoral registers just a few weeks ago on Report. Lord Shutt of Greetland will be remembered vividly and affectionately by all his colleagues, of whom I was one, who worked with him on the all-party Select Committee that considered the state of our country’s electoral system in detail, seven years after the passage of the Electoral Registration and Administration Act 2013. It would be a fine tribute to his memory if what might be termed the Shutt-Woolley amendment was incorporated in the Bill. If it is not, I hope that something like it wins parliamentary approval before too long.

When I spoke on the earlier Shutt amendment, I asked Members of the House to bear in mind that it provided two alternative routes by which tomorrow’s voters could be brought on to the electoral registers, at the ages of 16 and 17, in readiness to cast their votes when they turn 18. The first, as we have heard, proposed automatic registration if electoral registration officers were satisfied of their eligibility when national insurance numbers were issued. The Shutt amendment offered a second way to the goal, which all supporters of democracy surely must share—that of ending the grave under- participation of young people aged 18 and over in our country’s elections. The second method, as we have heard, involved no more than providing them with information about the process by which the precious right to vote can be acquired.

In responding to the amendment, the Government chose to ignore the second part altogether. Not one word was said about it from the Government Front Bench. Its supporters were called on to vote against it, on the grounds that automatic registration was objectionable in principle—an objection that many Conservatives do not share. The same thing happened when the Shutt amendment was debated in the Commons.

The new version before us omits the provision for automatic registration on which the Government based their entire opposition to the original amendment. The amendment proposes, in modest terms, that it should be permissible for young people, on whom the future success of our country depends, to be notified of what they should do to gain the right to cast a vote and play their part in our democracy. Can there really be a serious argument for not informing our country’s youngsters, who stand at the gateway of democracy, about what they need to do to pass through it, when information can be supplied to them readily and at very little cost as a result of today’s electronic miracles?

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

For noble Lords’ information, the next three speakers will be the noble Lords, Lord Adonis, Lord Blencathra and Lord Cormack.

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The noble and learned Lord, Lord Thomas, also said that he would not put his amendment to the Motion to the vote. However, he raised a very important point on which we should all reflect at some length. The Lord Chancellor is now not really a judicial figure at all, but a political one. The Lord Chief Justice is not. The fundamental point that the noble and learned Lord, Lord Thomas, made at some length and with great eloquence is valid and should be taken on board. However, for today, we should move on.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

Are there any noble Lords present who were here at the beginning of this debate who would like to take part at this stage? No? In which case, I return to the list and call the noble Lord, Lord Tyler.

[Lord Tyler (LD) [V]]

My Lords, before I concentrate on the amendment in the name of the noble Lord, Lord Woolley, I will make some general comments about the Bill. The Government’s response to the improvements made by your Lordships to the Bill, with large majorities, has been profoundly disappointing. However, my disappointment will pale into insignificance when many Conservative MPs discover in a couple of years’ time just how they have been fooled into thinking that their seats will be unaffected by boundary changes. The most careful independent analysis has demonstrated that the Government’s insistence on sticking to the narrow 5% variance in the electoral quota means that some two-thirds of all seats will be changed—all for no real correction of the perceived imbalance. Those MPs will not merely be disappointed; hundreds of Conservative MPs and their constituents will suffer unnecessary disruption. Even more significantly, there will be many blue-on-blue contests for the more winnable new seats in the mid-term of the Parliament, just when the Government is least popular.

As my noble friend Lord Rennard pointed out, Mr Rees-Mogg made no reference to that when, during an inevitably sparsely attended debate, he managed to overturn the improvements passed with large cross-party majorities in your Lordships House. It will be interesting to witness the reaction of his fellow MPs when they realise what he has let them in for. There would be an element of wry amusement for the rest of us if it were not for the avoidable impact on historic, natural and well-established communities. All being well, the political integrity of Cornwall will be protected, but such a desirable outcome will not be guaranteed elsewhere.

This was perhaps the major issue during our debates on the Bill. However, removing some of the other improvements may in due course also be recognised as counterproductive and constitutionally defective. I fear we may live to regret that the House could not endorse the proper concerns expressed by the noble and learned Lord, Lord Thomas, and my noble friend Lord Beith.

I and my colleagues are especially pleased that the noble Lord, Lord Woolley, from the Cross Benches, has tabled his amendment to the Motion on the vital issue of electoral registration. Had this been at a different stage of the Bill, a quartet of senior Members from all parts of the House would have signed it. This is underlined by the strength of supporting speeches on all sides this afternoon. It is particularly appropriate that the noble Lord should lead on this. He has been a powerful champion and campaigner in non-party efforts to get more young people—especially from BAME communities and through Operation Black Vote—to take up their civic responsibilities and rights by registering. He gave evidence on the registration issue to the Select Committee of this House, chaired by our much-missed colleague Lord Shutt of Greetland.

At this point I should say how much I and my noble friends on the Liberal Democrat Benches appreciate the tributes to David from all sides during the Commons debate and again this afternoon in your Lordships’ House. After a lifetime of principled devotion to this cause, his sincerity and clear advocacy of these practical steps towards a more comprehensive democracy shone through during his successful speech on Report.

As the noble Lord, Lord Woolley, and others have emphasised, this modest proposal would give practical effect to the aims to which Ministers have committed themselves. Without this kind of simple administrative adjustment, there is a real danger that the missing millions of unregistered young citizens will remain outside the system.

Ministers have reminded us that registering to vote is a civic duty. Unlike voting, which is entirely voluntary in Britain, co-operating with the registration process is a legal obligation unless the eligible citizen has a specific reason to be exempted. As my noble friend Lord Rennard reminded the House, the register is used to select for jury service. That is an important civic responsibility, which is not entirely voluntary. Failure to co-operate can lead to a fine of £1,000.

This proposal is not a form of automatic registration. Despite the support of the noble Lord, Lord Cormack, it is not on the table for decision today. However, if the Government continue to block sensible ways to maximise registration, it could be argued that they are in a sense condoning law-breaking.

It has been clearly indicated that many of your Lordships on all sides of House wish to support this simple improvement. Therefore, if the noble Lord, Lord Woolley, is not able to move his Motion E1 to propose Amendment 8B in lieu, I should be happy to do so and to seek the opinion of the House at the appropriate moment.

I again pay tribute to all who have helped to ensure that your Lordships’ House has fulfilled its proper scrutiny function. This includes the Minister, the noble Lord, Lord True. As I have said previously, that is the fundamental right and responsibility of this House, not least when MPs and the governing party may need the corrective of relatively dispassionate, non-partisan and independent scrutiny on electoral law. We do not have the same special interests to declare as they have, which could take them into very unfortunate realm of special pleading, as the noble and learned Lord, Lord Thomas, made apparent.

Finally, I put on record on behalf of the Liberal Democrats, particularly all those who have worked on the Bill, our thanks and admiration for all those who have assisted the House, not least our excellent legislation adviser, Sarah Pughe. I thank the two Ministers and their team, the Public Bill Office and other officials of the House, as well as Members from all sides who value the integrity of the democratic process. I add thanks to those academic experts who gave us all such well-researched, non-partisan advice through all stages of the Bill.