Wales Bill

Lord Empey Excerpts

Monday 24th November 2014 Lords Chamber

[Lord Empey (UUP)]

My Lords, following the decision to reduce the voting age in the referendum in Scotland, young people distinguished themselves during the campaign with their level of participation, and I will be very interested to hear the Minister’s response to the noble Lords, Lord Richard and Lord Rowlands, on the statistics. However, I share a lot of the views of the noble Lords, Lord Crickhowell and Lord Cormack, on the manner in which this issue is being dealt with. It is piecemeal and haphazard. There has been no systematic debate. Of course, the noble Lord, Lord Elystan-Morgan, made a point about the reduction from 21 to 18, and there will always be an argument. We all accept that. Why not 15? We can make any argument we want with justification of one degree or another. That is not quite the point that the noble Lord, Lord Cormack, was trying to make. The point was that it came out of left field from negotiations between Mr Salmond and the Prime Minister and is being reflected in the Bill. Of course, it would be a very brave person who came to the Dispatch Box and defended not putting it into the Bill in view of what happened just a few weeks ago in Scotland. What possible justification would there be? However, I ask the Minister to reflect and to pass back to her colleagues the fact that there is no process here. It is just random, along with a long series of other constitutional aberrations.

[Lord Morgan]

Can the noble Lord suggest any example of constitutional change since 1997 that has not been piecemeal or haphazard? We are following exactly same—he is quite right—unsatisfactory practice, so we are considering the merits of the case.

[Lord Empey]

I participated in a process that was anything but haphazard. It took two years to work out our settlement in Northern Ireland, which then came to Parliament to be debated and enacted. There was a process. As I understand it, the noble Lord’s party believes in a constitutional convention or a commission of some description, whatever we call it. We should not be precious about it. Those are all perfectly meritorious ideas. My point is that the change introduced by the Bill, which follows the process that happened in the Scottish referendum, inevitably has implications for the electorate more widely. We have a position whereby 18 year-olds will be voting next May and 16 years-olds will not, yet the decision that many 16 and 17 year-olds in Scotland took two months ago was very important. People could say it was of greater importance than a general election.

The point I am trying to make, which I ask the Minister to pass back to her right honourable friend, is on the concern that this is one further example of a haphazard attempt to change our constitution without any structured debate or rational process. I look forward to hearing her response to the noble Lord, Lord Richard, and the statistics. However, I will make another, tangential point, which applies whatever referendum takes place, whether on tax or anything else.

When the noble Lord, Lord Roberts of Llandudno, asked about transport and the roads, to some extent he hit the nail on the head. Scotland is, of course, an independent country which has shared its sovereignty with the rest of the United Kingdom; Northern Ireland is separated by sea from the rest of the United Kingdom, while Wales is not. You go from one side of the street to the other, from somebody’s back gate, and you are in Wales. Clearly, that means that unique issues need to be discussed when devolved powers are exercised. Again, there is no structure for that; there is no process or long-term debate, and we are basically making changes on the hoof. This process issue is a mistake.

[Baroness Gale (Lab)]

My Lords, we welcome the Government’s amendment, which would give powers to the Welsh Assembly to decide on whether 16 and 17 year-olds will be able to vote in the referendum on income tax. However, can the Minister say whether this is a government amendment, even though three Liberal Democrat Back-Benchers have put their names to it? There is cross-party support for this amendment, and I am sure that the Minister could have asked Peers from other parties to put their names to it as well. However, we welcome it.

To give the responsibility to this age group is a good step forward, which will eventually lead to all 16 and 17 year-olds having the vote in all elections in the United Kingdom. There is no longer any good reason for a delay. Labour will make a manifesto commitment at the general election to allow 16 and 17 year-olds to have the right to vote in all elections. Although some Peers have expressed their views that this is piecemeal, haphazard and so on, this is another step on the journey we are making with devolution. This is how it has been done since 1999—it has been a step-by-step approach—and when the Bill becomes an Act it will give more powers to the Welsh Assembly. However, we appreciate that this is not the Bill that will give universal franchise to 16 and 17 year-olds; that will be a United Kingdom decision, taken by the Westminster Government.

I was pleased that the Minister was able to refer in the amendment to the need to include,

“provision for the preparation and maintenance of a register of young voters”.

We understand that the responsibility for compiling the electoral register rests with local councils and is a devolved matter. The registration of young voters must be a priority and needs active and constant engagement. The noble Lord, Lord Roberts, in his enthusiasm, expressed his wishes; I understand that, and we support what he was saying. We therefore hope that when decisions are made on a referendum, the Welsh Government will give every encouragement to EROs in Wales to ensure that they prioritise the registration of young people through at least one visit to every school and college in Wales in enough time to ensure that all young people are fully aware of their right to vote in the referendum. We believe that to be of great importance. I am sure that the Minister will do all she can in her discussions with the Welsh Government to ensure that that happens. We thank the Minister very much for her commitment in bringing these amendments forward today.