Parliamentary Voting System and Constituencies Bill

Lord Falconer of Thoroton Excerpts

Wednesday 12th January 2011 Lords Chamber

[Lord Maxton]

My noble friend, inevitably, gets there before me. I will come to that in a minute.

Is it the Government’s intention to draw up the register based on these databases, which local authorities will be able to go into, and therefore add large numbers of people who have not registered to vote? If the Government are not going to do that, what is the point of going into the databases? There is no point at all.

The Minister has implied that the Government are drawing up a register from the databases and then basically saying to people, “You’re on the register. If you wish, you can prove to us that you do not live there any more and come off the register”. However, as my noble friend has quite rightly said, all this would have been solved—and considerable sums of money saved in the longer run—if we had introduced compulsory national identity cards and a national identity register. Each local authority could have used that and drawn up its own register without any bother whatever.

That would not have been the only use. You could then use the card itself to vote electronically wherever you wished. That would have increased the number of people taking part in our democratic process, which would have been to the major benefit of our whole electoral system.

[Lord Falconer of Thoroton]

This is an important issue. The debate has been greatly assisted, first, by the very forceful and well researched way in which my noble friend Lord Boateng introduced it; secondly, by the exceptional speech of my noble friend Lady Liddell of Coatdyke; and thirdly, by the speech just made by my noble friend Lord Maxton. He asked the noble and learned Lord, Lord Wallace of Tankerness, quite a number of pertinent questions about what he has been saying in response to this collection of amendments—namely, “We are doing a bit of data matching and we want to see how the pilots go”. We need to know the legal basis of data matching and the consequences of data being matched.

This issue raises important points of principle. Those outside this Chamber may think that this debate is about political parties’ different views on the methods of selecting boundaries for constituencies and voting systems. If we are genuinely about to introduce a new system for identifying constituencies, there must be a real sense that that connects with the people who currently do not connect with our democracy.

The statistics that my noble friend Lord Boateng referred to make it clear—I do not believe that this is seriously an issue in this Chamber—that members of the BME communities in this country are underrepresented on the electoral register by comparison with white British electors. The figures produced by the Electoral Commission find that overall registration levels among the BME communities stand at 69 per cent compared to white British electors at 86 per cent. I do not think there is any dispute that that is a bad figure and that efforts should be made to increase the levels of electoral registration by BME communities—though I wait to hear from the noble and learned Lord, Lord Wallace of Tankerness.

The much missed Robin Cook said that democracy is not just a method by which we select those who govern us but also a system of government that expresses our values. Diversity is one of the critical values of our country, as is that there should be genuine equality. In producing an electoral reform described by the Deputy Prime Minister as the most significant since 1832, the least that could be done is for the legislation to have some explicit recognition of the problem relating to registration of BME groups. Surely it is at least as important to reach the hard-to-reach groups as it is to go through a technical change in the way that we define the constituency boundaries in this country.

The response of the noble and learned Lord has been twofold: he does not want it to be fixed on information that is out of date—I hope I dealt with that before dinner—or on an indeterminate date. I indicated that there was a determinate date, which seemed to cut the ground from under him. His second answer was that it must be done before the next election. Why? Does he regard it as more important to do it before the general election than to ensure that people are reached who are not now being reached by our electoral system? If he has the time, can he explain why the next general election is so critical? Is that to do with party politics or with crafting a good system? Ultimately, we will be judged—not just this House but Parliament generally—by whether people believe that we are producing a system that is trying to reach the whole of our community rather than simply serving the electoral interests of one or other party. That is why it is important that the noble and learned Lord at least makes some effort to explain why he thinks the next election is more important than reaching the hard-to-reach groups.

My noble friend Lord Boateng proposes that Parliament express a view that this is important. He suggests that the Secretary of State should approve a process by which hard-to-reach groups, especially BME communities, are reached before we move to the next phase, the boundary review. The noble Lord, Lord Lester of Herne Hill, says the responsibility for that lies on political parties. I accept that but registration should be separate from political parties. Yes, all political parties should make their contribution but nobody doubts that those responsible for registering people on the electoral register—the electoral registration officers and local authorities—also have a responsibility for it. That is why, without disputing the responsibility of political parties, it is important that the state undertakes its responsibilities as well. I know from my experience as a Minister that you really get the state to change its view of things by making the things that the Government want conditional on some improvement in the delivery of public service or public policy. The effect of the amendment would be that the boundary changes would be introduced only if there was an improvement in the registration of BME groups.

--- Later in debate ---

[Lord McAvoy]

My Lords, I was asked to move this amendment on behalf of my noble friend Lord Foulkes of Cumnock, who asked me to express his apologies for not being here. I am sure that he is sorely missed by all noble Lords. This is a probing amendment. Nevertheless, it is a relevant role for a revising Chamber to scrutinise legislation, to point out flaws, hopefully to get them dealt with, and to seek more information from the Government on how they arrived at the composition of the Bill that they have put before Parliament.

I arrived with some trepidation to attempt vainly to fill the shoes of my noble friend Lord Foulkes of Cumnock. I would have been filled with even more trepidation if the noble and learned Lord, Lord Wallace of Tankerness, had still been on the Front Bench. The fierceness with which he dealt with previous speakers filled me with fear and trepidation. I felt quite intimidated when my noble friend asked me to move the amendment. I have never seen the noble and learned Lord in such a—shall I use the word?—crabbit mood. He was very fierce and gave the appearance of being a wee bit intolerant and authoritarian in questioning a Member’s right to put forward amendments. I feel that I have escaped the hangman’s noose now that the noble and learned Lord is not on the Front Bench to deal with me. I am sure that the noble Lord, Lord McNally, will be gentle with me.

My noble friend Lord Foulkes of Cumnock was eagle-eyed in spotting something that reflects—perhaps I am dipping my toe into the pool of controversy here with what might be seen as a vicious attack on the Government—the rushed nature of the Bill. Why has the legislation not caught up with changed realities? To say that this should go to the Speaker of the House of Commons but not the Lord Speaker of the House of Lords does not recognise the new reality. Legislation goes through both Houses of Parliament. This is not a major thing that will bring revolution. Nevertheless, in terms of respect, thoroughness and exactitude, this seems daft. I am trying to clarify whether this has been missed or whether it is a deliberate omission—and if it is the latter, why has it been done? It does not reflect the fact that we are a bicameral Parliament. This should come before the Lord Speaker as well.

In asking these questions of the government Front Bench, I hope that I do not get torn to pieces or ripped apart because I have the temerity to speak to an amendment. The only thing that I can think concerning the noble and learned Lord, Lord Wallace of Tankerness, is that he has been working very hard and perhaps is a bit tired. However, the hour is not our choice; it is the Government’s choice.

I just want to be clear about what we are looking for here. Is the exclusion of the Lord Speaker from the Bill just an act of omission or is it deliberate? If it is deliberate, I should like to know the reason. If it is a mere act of omission because of the rushed nature of the Bill, will the amendment be accepted and placed in the Bill?

[Lord Falconer of Thoroton]

I congratulate my noble friend Lord McAvoy on his courage in moving the amendment. The absence of the reference to the Speaker of the House of Lords—the Lord Speaker—presumably means that it is not intended that there should be a debate on the report in the Lords. Presumably the argument is that, by giving the report only to the Speaker of the Commons and not to the Speaker of the Lords, the Government envisage a debate in the Commons but not here. However, it would obviously be important for both Houses to debate it. As we said earlier in our debates, this House has tended to be more effective in relation to Boundary Commission reports—1969 has been referred to. I am glad to see that the noble Lord, Lord McNally, is about to respond. I do not know where he was in 1969. He may well have been helping the then Home Secretary, who was perhaps responsible for trying to go round the corner in relation to the Boundary Commission report. I think that it would be good for democracy if both Houses debated such reports produced by the Boundary Commission. Is the fact that the Lord Speaker is not referred to intended to mean that the focus should be on the Commons, or is there no such intention? If the Government are happy for both Houses to debate the report, might a way of indicating that be by saying that the report should go to both Speakers?

[Lord McNally]

My Lords, first, I reassure the noble Lord, Lord McAvoy, that he and I have bonded—I think that that is the only word that can describe it—since he came to this House. If my noble and learned friend Lord Wallace of Tankerness should be threatening in any way, the noble Lord would find me between him and my noble and learned friend in an attempt to protect him.

We have had a fair amount of paranoia during the Committee stage of this Bill. The Opposition have suspected us of rigging this and that, but the simple fact is that the report is delivered to the Speaker of the House of Commons in his capacity as the ex officio chair of the Boundary Commission. He then lays it before Parliament on receipt, which ensures that Members of both Houses have the opportunity to read it. The laying process involves papers being received in the Journal Office and reported to the Commons in the daily Votes and Proceedings, and to the Lords in the daily minute, after which they are said to have been laid on the Table of the House. Therefore, Members of both Houses are able to see them. I have no doubt that, once they are laid on the Table of the House, there will be usual channels discussions to enable a debate in both Houses. There is nothing up my sleeve and no mystery here; this just involves the basic procedures of the workings of the Boundary Commission. I hope that the noble Lord will withdraw the amendment.

--- Later in debate ---

[Lord Lipsey]

My Lords, the noble Lord, Lord Campbell-Savours, has made a powerful case for why his amendment is in the interests of the Liberal Democrats. I shall make a case, probably not quite as powerful, for it being in the interests also of the Conservative Party. The Conservatives to whom I talk are all absolutely confident that AV will be defeated in the referendum. I do not happen to agree with them, but they are very confident.

Let us just think what the situation would be if the Campbell-Savours amendment, or “Jessica’s law”, did not apply and the Liberal Democrats were defeated in the referendum. What would then be the situation of the Liberal Democrats? They would have lost AV, which they are relying on to deliver them extra seats at the next general election, as everyone agrees it would. However, coming along the line will be the 5 per cent rule and the equalisation, and what is also agreed is that those rules will hit the Liberal Democrats much harder than any other party. According to Democratic Audit’s calculations, they would lose 11 of their 57 seats, whereas Labour and the Tories, with many more seats, would lose 18 and 17 respectively. It would be a real reduction in the proportion of Lib Dem representation in the House of Commons.

I do not know what bedlam the coalition will be in if and when we get to such a stage. I do not expect that the coalition will be very politically popular; it will need to last to have any chance of regaining its political popularity. In those circumstances, what will the Lib Dems do? If the Boundary Commission review comes into force, as it will in 2015, they will be faced with a loss of seats as a result not only of losing votes but also of the redistribution. The sensible thing to do, therefore, would be to find the nearest and quickest excuse to bring this coalition Government to an end and to adopt a sauve qui peut stance in a general election where they might preserve more seats than they would in a general election eventually to be held under the new system proposed by the Government. It would not suit the Tories to have a general election in the middle of this Parliament, because they would be extremely unpopular, and no doubt deservedly so. I come to the conclusion that it is very strange indeed that this side is arguing for the amendment, although I see no nods of agreement on the other side with any of the arguments that we have put forward.

[Lord Falconer of Thoroton]

The amendment would mean that you would get the constituency boundary changes only if the AV vote was yes. I do not support that, but it is an inevitable consequence of the loose language in which the coalition puts this. On 20 December, the noble and learned Lord, Lord Wallace, said:

“Indeed, as my noble friend Lord McNally has said on a number of occasions, this Bill is about fair votes and fair boundaries. It shows that the two are, in fact, linked. It shows how the two will be linked because it will shape the way in which the other place will be elected in 2015”.—[Official Report, 20/12/10; col. 882.]

My understanding of this Bill is that, if the AV vote is no, you still get your constituency boundary changes. Am I wrong? Please confirm that. If I am right, why did the Minister say that on 20 December?

[Lord Wallace of Tankerness]

Because we are going to win the referendum.

I thank the noble Lord, Lord Campbell-Savours, for his amendment. I particularly thank all noble Lords opposite who have shown such concern for the interests of the Liberal Democrats and the Conservative Party. It has been very touching. On behalf of the Liberal Democrats and my Conservative colleagues, let me say how appreciated it is.

When we eventually got around to it, the motive behind this amendment was that it got us back to the supplementary vote, which was the product of what was, I am sure, a stimulating dinner party in 1989. To be fair to the noble Lord, he has persisted in this throughout these debates.

The amendment would provide that the first boundary review, which would create fewer and more equalised constituencies, would not have effect until the referendum had taken place and only then if the electorate had voted yes. As Members of the Committee will be aware, there are differences on these Benches on the merits of the alternative vote system and first past the post. We have made no secret of that. However, both parties in the coalition are agreed that the public should choose which system we use and should do so in a referendum.

Linking the boundary changes to the referendum would effectively mean asking more than that, as the noble Lord, Lord Campbell-Savours, said. If we change the Bill in the way proposed by the noble Lord, we effectively make a vote against the alternative vote a vote against the boundary changes, too. He described that as a way of incentivising the Conservatives to support the alternative vote. If the referendum result were to be no, it would prevent the modest and sensible reduction in the number of seats, for which the Bill provides, from taking effect. The amendment would see the existing constituency map, with its inequalities in electorate size based on data from, as far as England is concerned, 10 years ago, continue until those data were even older.

As a democrat, I would be bitterly disappointed if the people voted no in a referendum on the voting system, but I would accept that that was the vote expressed by the people. It would be wrong to use that as an excuse to break off an agreement.

--- Later in debate ---

[Lord Wallace of Tankerness]

My Lords, I thank the noble Lord, Lord Lipsey, for Amendment 58ZA. When I first read the amendment, I immediately identified what he was driving at and had some considerable sympathy for it. He is absolutely right that, if the Government could simply disregard a modification that the Boundary Commission suggested, that would not be acceptable.

I am afraid that the issue comes down to textual analysis. Amendment 58ZA proceeds on the assumption that Clause 10(6)(5B) confers a separate discretionary power whereby the Government may decide whether to include a modification that has been requested by a boundary commission. However, we do not consider that to be the effect of new subsection (5B) of the Parliamentary Constituencies Act 1986. Rather, new subsection (5B) explains how the modifications referred to in new subsection (5A)—the two subsections need to be read together—can come to be included in the order in council. On that basis, the inclusion of requested modifications is part and parcel of the requirement to give effect to the Boundary Commission’s recommendation, as provided for in new subsection (5A). Therefore, the Bill requires the Government to include such modifications in the order in council.

I should perhaps also point out that the noble Lord’s amendment might make it less clear that the Government are not permitted to make any modifications other than those requested by the boundary commissions.

I hope that the noble Lord is satisfied with that answer. I readily acknowledge that the matter is textual. After reading the subsection several times, I was persuaded that new subsections (5A) and (5B) need to be taken together and that there is nothing malign intended. No doubt the noble Lord will want to read what I have said, but I am certainly prepared to consider—although I am already satisfied with the wording, which we have discussed through—satisfying myself further on the matter. However, on that basis, I ask the noble Lord to reflect on what I have said and to withdraw the amendment.

[Lord Falconer of Thoroton]

I completely understand the point that the noble and learned Lord, Lord Wallace of Tankerness, has made that the draft Order in Council can be modified only if the Boundary Commission requests a modification. However, is the implementation of the modification optional if such a request is made? The wording of the Bill appears to suggest that the Minister has discretion on whether to accept any modifications that have been requested.

[Lord Wallace of Tankerness]

With respect, I think that the point that the noble Lord, Lord Lipsey, made was whether Ministers have such discretion. It is certainly my understanding that the power is not intended to be discretionary. The intention is that, if a boundary commission wants a modification, Ministers will be obliged to incorporate that modification in laying the Order in Council. The two new subsections (5A) and (5B) need to be taken together. New subsection (5B) describes the circumstances in which a modification would be made.

As I have indicated to the noble Lord, Lord Lipsey, and indeed to the noble and learned Lord, Lord Falconer of Thoroton, I will read this again. I have done so already and I am satisfied that there is no malign intent that would oblige Ministers to follow a request from one of the Boundary Commissions, but I am willing to give it further reconsideration and others will no doubt look at it and read it.

--- Later in debate ---

Debate on whether Clause 10 should stand part of the Bill.

[Lord Falconer of Thoroton]

I have two questions about Clause 10. We have gone through several points on Clause 10, which changes the review dates. We have not referred to this but Clause 10(5) repeals Section 3(3) of the Parliamentary Constituencies Act 1986. As I understand it, it deprives the Boundary Commissions of being able to carry out interim reviews between general reviews. That would mean that the Boundary Commission could not do an interim review short of five years to deal, for example, with a significant change in population. What is the reason for repealing that power, which presumably would be of use in certain circumstances?

Secondly and separately, the clause as I understand it does not change the basic structure of how the Boundary Commission operates, which is by producing reports at specified intervals. The reports then define what the new constituency boundaries are. What are the circumstances in which there can be a modification after the Boundary Commission has reported? How is that consistent with a process whereby representations can be made, on the basis of which a final report is issued? I know modifications can be made that can affect the report after it has been produced because this is referred to in the amended subsection (5).