Parliamentary Voting System and Constituencies Bill Debate
Full Debate: Read Full DebateLord Falconer of Thoroton
Main Page: Lord Falconer of Thoroton (Labour - Life peer)Department Debates - View all Lord Falconer of Thoroton's debates with the Leader of the House
(14 years ago)
Lords ChamberAll the evidence from Professor John Curtice, who was mentioned earlier, is that AV is less likely to result in a balanced Parliament, as we have now, than first past the post. The noble Lord may be able to look to the future and have a better idea, but the academic evidence is that AV is less likely to do that because there is a sort of bonus towards the larger party as a result of the election.
I find it incredible that so many Members opposite are ignoring what has been said by their party leader—and in the Guardian today—by saying in absolutely firm terms that they believe that AV is the right way forward. Of course, they are being consistent with what they said previously in Parliament and in the election, but I find it quite extraordinary that so many Members opposite feel that it is necessary to rebel against their own party at this juncture and to weaken the position of their new leader.
I would like to help my noble friend. It is not the position of the Labour Party that there cannot be an open debate—I hope that he will encourage an open debate as well—and there is no party obligation to support AV. We support the idea of a referendum, but not necessarily AV. We want the country to debate it, and I am very grateful to the noble Lord for contributing to that debate.
I am grateful to the noble and learned Lord, because he has pre-empted the question that I was about to ask. I am assuming, from what he has just said, that he will support—not just not vote against—the motion that Clause 1 stand part, because what he has said implies that he will do so. If we had known that an hour or so ago, this debate might have been rather shorter.
It is true that the previous Labour Government twice committed itself to this precise form of words for putting the issue to the people. I believe, as Churchill said, that we should trust the people on this issue. I am quite prepared to debate in any television studio with the noble Lord—
I have to tell the noble Lord that Churchill was a supporter of electoral reform when he was a Liberal, and then—I am sorry to say—disappeared off into a different party.
I believe with both the coalition Government and the Labour Party that those same citizens who have been cheated by our current system for so long should be given an early opportunity to vote for a better system. The proposal may not be perfect—I agree with those who made that point—but we have had the moment of truth, in that the Opposition Front Bench are now saying that they will support the motion that Clause 1 stand part of the Bill. That is good news. I hope that we can make equally good progress with the rest of the Bill.
What a rip-roaringly good debate it has been. Only the noble Lord, Lord Tyler, who keeps putting words into my mouth, slightly spoils it.
These are the questions that need to be addressed as a result of the debate. First, there is a strand in the debate from the noble Lord, Lord Hamilton, and my noble friend Lord Grocott, who said there should not be a referendum at all. The noble Lord, Lord Hamilton, said it would lead to a worse system; the noble Lord, Lord Grocott, said that there is no case made out adequately for AV. One of the purposes of us debating it in Committee is for the case to be looked at. The first question that the noble Lord, Lord Strathclyde, should deal with, is why should there be a referendum with AV as the only alternative in it? He should answer the noble Lords, Lord Hamilton and Lord Grocott, because for people voting in the referendum, there needs to be a credible case for it made by the Government, which goes beyond saying, “I agreed it with my coalition partners, therefore it must happen”. That carries no weight with the electorate.
The second question that has been raised is: why choose this sort of AV? That was the debate between the noble Lords, Lord Campbell-Savours and Lord Greaves, which is beyond most of our abilities to comprehend. I say seriously that it is important because the Government are saying, “A detailed proposal for an alternative vote system is set out in Clause 9 and if you vote “yes”, that is the one you will get”. The noble Lords, Lord Greaves and Lord Campbell-Savours, are at each other’s throats about whether that is the right system of alternative vote, and in voting yes, the individual members of the electorate in the referendum have to decide whether they think it is the best.
I say in parenthesis how glad I was to see the Deputy Chief Whip, the noble Lord, Lord Shutt of Greetland, going to speak to the noble Lord, Lord Greaves—I think, to encourage him to continue to participate in the debate. The moment that the noble Lord, Lord Shutt of Greetland, spoke to the noble Lord, Lord Greaves, instead of keeping to his seat, he immediately got up to intervene in the debate. I congratulate the Liberal Democrats on that.
I reveal that my noble friend was actually passing on a piece of scurrilous gossip which I would never reveal to the House.
My opinion of the noble Lord, Lord Shutt of Greetland, deteriorates dramatically in the light of that.
The explanation of the noble Lord, Lord Strathclyde, of why they were choosing what I may describe as the Queensland alternative vote system, as opposed to the federal system, had detail and substance to it. His explanation of why they were choosing the alternative vote system as opposed to the supplementary vote system was tragically lacking in any detail. I invite him to take the opportunity of replying to this debate to give that explanation, because it is not possible to say that the noble Lord, Lord Campbell-Savours, has not got the ball well over the net on the question of the supplementary vote system, which is accepted as being a sort of alternative vote. That requires consideration. Why are the Government not adopting that form of alternative vote rather than the form set out in Clause 9? The public are entitled to know.
The third question which the noble Lord, Lord Strathclyde, needs to deal with in this significant debate is: why not give other choices to the electorate—a point made by the noble Lords, Lord Skidelsky and Lord Rooker? Why is an alternative vote system favoured by the coalition? Yes, it was the one favoured by the Labour Party in both the CRAG Bill and the manifesto but, unfortunately, in the context where parliamentarians are not that respected by the public, the argument has to be advanced. It is not enough to say, “We have agreed with the Liberal Democrats, therefore we imagine that you members of the electorate will accept that as sufficient reason”. They will not. There must be an argument. I assume that there is an argument why it was accepted in the coalition agreement.
Those are the three points of principle that need to be addressed. There are five other points of detail that are of significance. The first is the point made in the incredibly impressive speech by the noble Lord, Lord Elystan-Morgan, about the Welsh translation. I do not know whether noble Lords know this, but I do not speak Welsh. I accept completely that the noble Lord, Lord Elystan-Morgan, understands Welsh. What he said left me worried about the position of the Welsh translation. If, for example, DU means God willing, not the United Kingdom, to the people of Wales, something has gone badly wrong in the translation. I invite the noble Lord, Lord Strathclyde, who has had the whole of the dinner hour to deal with that, to tell us why the noble Lord, Lord Elystan-Morgan, is wrong. I regard it as a significant issue. Welsh is a recognised language in Wales, and although I do not think that there is now anyone in Wales who is monolingual and speaks only Welsh, it will be the first language for some of the 200,000 people who speak Welsh, who may well go to that translation first.
There are 600,000 people who speak Welsh. It is the first language of many hundreds of thousands of them. It is the first language of half a dozen Members of this House, including me. If I may say so without straying beyond propriety, it is the first language of the Reading Clerk of this House, whose English is flawless but whose Welsh is perfect.
I am quite sure that the Reading Clerk will therefore go to the Welsh question and wonder what it is about the electoral system for God that we are now seeking to deal with. I did not know about this point. Had we known about it, we would have put down probing amendments in order to get it. I think it is quite an important point.
The next detailed point is that this is being dealt with at unseemly speed. We sought to deal with that through the amendment that this House agreed on Monday giving the Government the opportunity to bring the referendum forward between May and October. I have to tell noble Lords that this has caused the Electoral Commission much upset. It has asked the Government to please get Parliament to make up its mind quickly about the position. I shall read what the chair of the Electoral Commission has written to the right honourable Nick Clegg, Deputy Prime Minister, at the Cabinet Office at 70 Whitehall:
“Given the importance of clarity about the rules on how the referendum will be conducted so that the commission and others can successfully deliver their responsibilities and campaigners can plan properly to put their arguments to voters, I urge you to set out how the Government intends to proceed to ensure Parliament can specify the date of the proposed referendum as soon as possible”.
As I understand it, the Electoral Commission is asking the Government to ensure that Parliament can specify the date of the proposed referendum as soon as possible.
When I saw the note from the Electoral Commission, which it copied to many of us moving the amendments, I wrote back briefly, saying:
“I am sure high quality lawyers will see a route forward and grab the chance of flexibility. Why don’t you recommend an order making power in the Bill. Make a draft order with May 5th while maintaining the fall back of … 31 October in the Bill”.
It is very simple. We all say that the target date is 5 May. The way to do it is to put an order-making power in the Bill and put a draft order before the House while the Bill is going through so that the public sector, the private sector and everybody knows that that is the target date. The Bill itself—the Act of Parliament—will have “before 31 October” so if something goes wrong, it is possible to change the order. It is simple.
I think it is pretty clear that the Electoral Commission is very dissatisfied with the way that we have behaved in relation to this and have amended the Bill because it wants clarity as quickly as possible. It wants to ensure that Parliament can specify the date of the proposed referendum as soon as possible. Could the Minister indicate what the Government’s position in relation to that is?
My noble friend Lord Rooker puts forward a sensible solution. I would have thought that the solution is even simpler than what he said. There is nothing wrong with the Government saying that they intend to have the referendum on 5 May, but if they cannot, they will have it on a date when they can have it.
There is another significant point. The timing is presumably a pressure only if the referendum is on 5 May. I think it is very hard to understand that you would need clarity about the date if the referendum was to be later in the year. Therefore, I assume that this letter from the Electoral Commission applies only if the referendum is to be on or about 5 May. If it is to be in June, July, September or October, I do not see why you would need the date to be fixed now, but perhaps the Minister can tell me whether I am right or wrong on that.
I have a letter from Mr Mark Harper MP, Minister for Political and Constitutional Reform, 70 Whitehall, London SW1A 2AS. He writes:
“We will therefore seek to ensure that the Parliamentary Voting System and Constituencies Bill includes provision for that date”.
Perhaps the Minister can indicate what he has in mind to achieve that course of action. So, on the question of date, is it too fast? We are happy with the approach that has been adopted by this House. What is the Government’s position on that?
Secondly, we wanted it to be indicative, not compulsory, so that Parliament could subsequently debate, if there was a yes vote in relation to alternative votes, what the right method of alternative vote systems would be. Thirdly, we did not want it to be combined with other elections. Again, I would ask the Government to set out their position in relation to that. I assume that their position remains as set out in Clause 4. Those are the four significant points.
We have made it clear that we support in principle the idea of a referendum on AV, but I should like to hear the Government’s justification on the three points of principle. Should there be a referendum at all? Why choose this sort of AV? Why not go for other opportunities? I would also like to hear the Government’s position on whether this is too fast, whether it is indicative, not compulsory and whether it should not be combined.
I have already said it.
The noble Lord should say it again. It is up to the noble Lord whether he wants to answer these points. Something that has been particularly good about today is that the electorate has had the opportunity to hear for the first time some of the Government’s defence for this political change. Prior to that, the noble Lord the Leader of the House has indulged in fantastically attractive and amusing political points, which unfortunately the electorate will not find very attractive.
My Lords, it has been a useful and interesting debate. We have covered a lot of ground. A lot of different views have come from those opposite, including those who are wholly opposed to a referendum of any kind or to any change. The noble and learned Lord seemed to say slightly half-heartedly that he wishes to have a referendum. I cannot help feeling that secretly he rather wished that there would not be one. I am in favour of having a referendum.
If the noble Lord is prying into my personal views, will he tell the House his personal view on a referendum?
I am wholly in favour of us having a referendum because I am in favour of people having a choice and being able to deal with the issue. It is important that they should. I have no difficulty in supporting a referendum. I think that I have already told the House that I will not be supporting the yeses; I will be supporting the noes when we get to it.
Perhaps the noble Lord could express his view as to how disappointed he was that the Conservative manifesto did not contain a commitment to such a referendum.
My Lords, it is for the noble and learned Lord to apologise as to why it was in his own manifesto. What did Ed Miliband, leader of the Labour Party, say—not six months ago when he was writing the manifesto—today? He said:
“I believe that changing our electoral system so that every MP has the support of”—
I am not trying to rile the noble Lord, Lord Rooker—
“more than half their constituents is one way in which we can begin to restore trust in politics”.
The leader of the Labour Party said that. I am responsible for many things, but I am not responsible for the leader of the Labour Party—thank goodness.
The Welsh issue was an important and substantive point, which worried me when it was raised by the noble Lord, Lord Elystan-Morgan. It worried the noble and learned Lord, Lord Falconer of Thoroton. One thing I am trying to do during the course of these debates is relieve the noble and learned Lord of worry. I understand that Cabinet Office Ministers will write to the noble Lord shortly with a full explanation of the Government’s position. But I can furthermore advise the Committee—this is really interesting—that the Electoral Commission is statutorily responsible for advising on the intelligibility of the English and Welsh versions of the question. Not only did it consult the Welsh Language Board, but it has conducted focus groups with Welsh speaking voters on the Welsh question now in the Bill. In its public report, it advises that concerns on intelligibility, along the lines raised by the noble Lord, did not arise. The Electoral Commission will send explanatory leaflets in English and Welsh in Wales to all voters to explain the issues. I have no idea whether that is good enough for the noble Lord. He will be receiving further letters from the Cabinet Office on that important point.
This is a clause stand part debate, so what is the clause about? It provides for a referendum to be held on 5 May 2011 on whether to change the voting system for parliamentary elections. Following the amendment of the noble Lord, Lord Rooker, which the Government resisted, the clause also allows for the referendum date to be moved. The Government remain committed, because we believe it to be achievable, to holding this referendum on 5 May next year. That view was set out in Mark Harper’s letter to Jenny Watson today. I heard what the noble Lord, Lord Rooker, said in the debate and I thank him for what was a positive and constructive suggestion on the way forward.
The clause also sets out the question that will appear on the ballot papers in English and Welsh. The noble and learned Lord asked why we are bringing forward a referendum on the alternative vote system. We are doing it because it has been agreed between the Conservatives and the Liberal Democrats, as the coalition partners in government—I know that noble Lords do not like the idea, but that is what has happened—that it will form part of our coalition programme for government. The two parties in the coalition have differing views on the merits of the two voting systems, and those views will no doubt be played out in the campaign. The Government are clear that there should be a referendum on the issue and that it is for the electorate to make the choice between the systems. This is not a panic driven stitch-up, which is what I think either the noble Lord, Lord Grocott, or the noble Lord, Lord Campbell-Savours, called it.
The noble Lord, Lord Campbell-Savours, simply disagrees with any change to first past the post, so he is making a campaigning case—
That is a good question. The committee on which the noble Baroness the Leader of the Opposition sits is discussing these issues. No final view has been taken but, when it is, no doubt it will be transmitted to the noble Lord—if not directly by her then when a Statement is in due course made to Parliament at some stage in the new year.
The noble Lord shows a consistent admiration for the importance of the referendum and allowing the people to decide, but he is not allowing the people to decide on whether or not they would prefer the supplementary vote system—which is a form of alternative vote—to first past the post. He has not yet answered that question and the public would be grateful to hear why that system of alternative vote has not been adopted.
We made two decisions. First, we made a decision about AV, and I have given the reasons why we thought that the system should be AV. The second decision, not to give a further choice, was because we wanted to have a very clear indication from the people of this country on whether they want to make a change to AV, which we feel is the best of the alternative systems, or to retain first past the post.
I am sorry to press this, but the supplementary vote system is a form of AV that does not compel people—as the federal Australian AV system does—to vote for unsatisfactory candidates. What was the basis of decision to provide for the system described in Clause 9 rather than the supplementary vote system?
I have explained all the reasons, not the least of which is that the House of Commons united around this particular system, which I am very happy to support.
The discussions took place before we came into Government. They were part of the agreement on becoming the Government. I was not there and I was not part of the discussions. However, I cannot imagine that we decided on AV without having taken a view about the other systems and taken a decision that AV was the right one.
Let me put it more simply. In the Government’s view, why is the system in Clause 9 better than the supplementary vote system? If the noble Lord could explain that, the public would have some understanding of why we have the Clause 9 system. That is what I am getting at.
In a series of votes in the House of Commons, Members of the other place united behind this system and decided to put it forward to this House.
My noble friend Lord Tyler makes a great point. Six months ago, that was the view of the Labour Party. That is the view that we have taken as well, for the reasons that I laid out. The system that we propose gives the widest possible choice to voters. That is why it is a good idea.
Should I understand from the warm embrace that the noble Lord, Lord Strathclyde, has given to the noble Lord, Lord Tyler, that the Government are proceeding with the system because we did so?
Not just today, but on the last time that we met—and, I expect, the time before that—I laid out the reasons why we chose AV. The noble and learned Lord may not like it, but that is what we said. There is very little left to say
The one thing, I am afraid, that the noble Lord, Lord Strathclyde, cannot get away with is that he has never laid out the reasons why the Government have favoured the alternative vote system proposed in Clause 9 over the supplementary vote system. The paucity of his arguments was demonstrated, if I may say so, by his saying, “We are doing it because the Commons voted for it”.
My Lords, I am a bit troubled by the proposals of the noble Lord, Lord Dubs, because I am a passionate believer in an appointed House. The passion with which I believe in an appointed House will become more apparent as the Lords reform Bill finds its way through this Chamber. One thing that worries me about the proposals of the noble Lord, Lord Dubs, is that Members of the other place have a vote in general elections but also stand for election in those general elections. If Members of this House were to press to have the vote in general elections, we would make it more likely that others would suggest that we should therefore stand for election here as well. There is a correlation between standing for election and having the vote. It is a dangerous business to play with the idea of Peers in this House having the vote, when many of us will be trying to resist the whole idea that this should become an elected Chamber. That is one of the reasons why I totally oppose the proposals of the noble Lord, Lord Dubs.
How much I admire the noble Lord, Lord Hamilton, for his courage at every stage of this Bill. This is obviously not an appropriate Bill to make a change in relation to whether Members of this House should vote, which I think the noble Lord, Lord Dubs, accepts. The noble Lord, Lord Dubs is right, however, to put the amendment down. Under this Bill, Peers will have the right to vote in the referendum on what the voting system should be and yet, once they have played their part in deciding what the voting system should be, they have no right to vote using that voting system. This is an opportunity for a short debate as to what the right course in relation to Lords voting is.
It is obvious, historically, why the Lords cannot vote in Commons elections. The nature of Parliament was that the Commons were elected because they were representative. We were not representative. The whole lot of us turned up in the upper House. Therefore, there was no need for any elections. The whole lot of us still turn up in the House, except for the hereditary Peers, who vote for hereditary representatives. Does that mean, therefore, that we do not need to have a vote in relation to the Commons? The answer is no, because the Lords no longer select the Government. The Government are selected exclusively by the Commons. We have influence in relation to Bills. We have a say in what happens in relation to policy. However, it is only a say. We do not vote in relation to the body that selects the Government.
Therefore, once the prisoner issue is dealt with, we, and we alone, are the only group in the country that has no say in selecting the Government of the day. The fact that we do not have the vote is an historical anomaly. There are 700 or 800 of us; no doubt the figure would go up to about 2,000 if the coalition had its way. Therefore, the number suffering the effects of this anomaly will increase, but it is an anomaly that no longer has constitutional justification. In those circumstances, one is obviously looking not for agreement from the Government that this matter should be dealt with in this Bill, but simply for the Government’s view on the matter. I do not expect any time to be allocated to this matter in any legislative programme, but if the Government were to express the view that it needed to be dealt with at an appropriate time, that would have a very significant effect on the processing of the issue.
I do not agree with the noble Lord, Lord Hamilton, that if we have the vote people will want us to be elected. The public will not think that because we can vote we should be elected. The question of whether we should be elected depends very much on the quality of what we do and the extent to which we persuade the public either that we should go on as we are or that there is a need for change. It is an important issue and one that will not get an airing in this House except on Bills such as this.
I return to the point that I started with. We are rightly accepted as participants in the decision-making process of whether there should be a change in the system. We are accepted as participants in that process because there is no basis on which it could be said that we should be excluded from that. That is the view that the Government have taken. We are included in Clause 2 as people entitled to vote in the referendum. The Government think that it is wrong that we should be excluded from that. There must be a basis on which the Government have come to that conclusion. I support that conclusion, because the obvious reason for saying that we should be included in the process by which a voting system change should be effected—if it is to be effected—is that there is no democratic reason why we should not be allowed to be included. It is wrong to say that this is a matter for other people; everybody accepts that it is a matter for us. It is an important issue. It is like a whole range of anomalies that you can say do not really cause any problems. However, how you put the constitution together and the extent to which there are consistencies in the constitution are very important. A justification for Peers not being entitled to vote is now required in a constitutional sense. If there is not one, the right course for a Government who are prepared to follow the logic of their constitutional position is to say—
Does my noble and learned friend acknowledge that it is an enormous privilege—obviously, it is not a unique privilege, but it is given only to the 800 or so Peers—to take part for life in the determination of the Bills that go through one of the two Houses? If you have that near unique influence on the legislative process, I do not think that it is too much to ask that you should not then have a clear determining role in deciding who the Members of the other House should be. It is rough justice but it seems to me a kind of justice. You forfeit that voting right because of the advantage that you have over all your fellow citizens of being able to take part in debates and influence the progress of legislation.
I disagree with what my noble friend Lord Grocott says for two reasons. First, there are other people who have very important roles in relation to what happens to policy legislation. Even in the period of my noble friend’s pomp, I suspect that the Cabinet Secretary was more important than he was, but nobody ever suggested that he should be deprived of his vote. The Chief Justice is more important than almost everybody in the country in determining what legislation means, but nobody suggests—
Does the noble and learned Lord accept that the Cabinet Secretary would not have had any vote on legislation?
The Cabinet Secretary would not have had any vote on legislation, but he might have had an even more important influence, I respectfully suggest, on legislation than people voting here would. What is more, as we can see from the presence of the noble Lord, Lord Armstrong, he could reasonably have expected to come here to legislate at the end of it. There are lots of important people in the state and a lot of people with privileges, as the noble Lord, Lord Grocott, says. However, I respectfully suggest that the key point is that this is a democracy and the Government are chosen not from the Lords but from the Commons. The key question is: why are we excluded from being democratic participants in choosing the Government? The essence of democracy is that it is not just a process; it also represents values. The critical value that democracy represents is that we are all equal in the choice of the Government. Why are we not equal in that respect? I do not think, with respect, that either the answer that the noble Lord, Lord Hamilton, gives—“They will elect us next”—or the answer that the noble Lord, Lord Grocott, gives, which is, “Well, we are jolly privileged”, is an answer to that essential democratic argument. I would be interested to hear what the Leader of the House has to say.
I would be equally interested in what the Deputy Leader of the House has to say.
My Lords, I have been stripped and ready for action for three days. As the Leader of the House has pointed out, he and I are joined at the hip on this Bill. However, in that spirit of co-operation, he said, “Tom, you take Clause 2 and I’ll take Clause 1”. That seemed fine at about 7 pm on the first day of this debate, when I thought that I would be coming on straight after the dinner hour. Three days later, I come on with three minutes to go.
This has been an excellent mini-debate and I suggest that those who are interested in it should read the speech given by the noble and learned Lord, Lord Falconer. No wonder he was facing the other way to deliver it; he was giving us both sides of the argument. It is very good that he should do so.
I fully respect the noble Lord, Lord Dubs. I know that he has campaigned on this and that he feels strongly about it. I hope, given what he has said, that perhaps we will get one of the opposition days to debate the issue, or perhaps a Question for Short Debate. The issue is worth debating and I look forward to him carrying on his campaign. The problem is, as he himself acknowledged and, indeed, as the noble and learned Lord, Lord Falconer, acknowledged, that this is not the place for it. It is a good political ploy to use a Bill to hang a campaign on and to get the issue raised and I fully respect the noble Lord for doing so. However, we are concerned specifically with who should vote in the referendum on the parliamentary voting system. Basing the franchise for the referendum on that for the Westminster general election seemed the most sensible thing to do. Yes, we have made a concession in that we have put alongside that noble Lords, who are entitled to vote in other elections. The Government thought that that was a fair and logical approach. I suspect that, if we had not included noble Lords, there would have been an amendment to include them.