Parliamentary Voting System and Constituencies Bill

Lord Howarth of Newport Excerpts

Monday 10th January 2011 Lords Chamber

[Lord Howarth of Newport]

My Lords, “more haste, less speed” is a maxim that every Lib Dem Minister in the coalition—and, perhaps, other Ministers—should pin up above their desks in large Day-Glo letters. We can see that the dynamic behind the Bill—and the reason why the coalition seeks to thrust it through as fast as it can—is the ambition of the Deputy Prime Minister to establish himself as an effective constitutional reformer and his anxiety that he does not have much time in which to do it. How very much more important it is to get it right than to do it hastily. That is why my noble friends were quite right to table this amendment which would place some restraint on the Boundary Commission process.

The noble Lord, Lord Tyler, talked about the Electoral Commission and the art of the possible. We ought also to consider what it is reasonable and realistic to expect the Boundary Commission to do. As my noble and learned friend Lord Falconer said in his opening remarks, the proposition in the Bill that the Boundary Commission will submit reports for the redrawing of effectively every constituency in the United Kingdom in a short period of some two and a half years before 1 October 2013 is not a sensible thing to undertake to do, and I do not think that it is a proper thing to undertake to do. While there are all sorts of reasons why it would be very difficult for the Boundary Commission to do that satisfactorily, not least because it would be impossible for the citizens of this country to have the opportunity to make their representations on the process in this abbreviated timescale, there is also the factor of electoral registration. This amendment, which focuses particularly on the indispensability of having a decent level of electoral registration before we draw the boundaries of the new constituencies, is absolutely right. You can reform electoral systems and constituency boundaries as much as you want but it will be a hollow process if you fail to ensure that those who should be the beneficiaries of these reforms—the citizens of this country—are in a position to benefit from them. If you merely reform without ensuring that people will be able to exercise their vote under your reformed system, it is effectively a case of “Hamlet” without the prince.

The reasons for declining turnout at successive elections over a considerable period of our modern history are mysterious and it is a very difficult phenomenon to understand. There are a number of proximate causes that we can see. The noble Lord, Lord Martin of Springburn, drew the House’s attention to the decision by a significant number of people to drop off the electoral register when they saw the poll tax heading towards the statute book. Certainly, more of them did so after it had become law. That is one reason why, since the late 1980s, the electoral register has not had the respect and integrity that it had before then. There are other factors. We will see some new factors that will cause imperfections in the electoral register in our own time. One of them will, I fear, be the effect of housing benefit changes because more and more people, particularly tenants of private rented accommodation, will be on the move because they cannot afford to continue to live in the same place in which they were living. That will impair the electoral register; so will rising unemployment, particularly among people who have been employees in the public sector. They will also be on their bikes and on the road, trying to find work in new places. All that makes it more difficult to ensure that we will have an adequately up- to-date and comprehensive electoral register. Therefore, the pressure that this amendment would introduce into the system is extremely valuable.

I refer to another reason why we should be worried about what may happen to registration. Here I disagree with the noble Lord, Lord Martin of Springburn, as I am not confident that, as he said, local authorities will necessarily have the resources to employ more electoral registration officers. We are going to see very draconian reductions in local authority budgets and they will find it very difficult to do anything that is not mandatory. Anything that is discretionary expenditure will be difficult for them to take on board.

[Lord Martin of Springburn]

Given the size of local authorities, it is not a question of having more electoral officers but of having a specific official to look after electoral registration. That person in turn would give an account of his or her stewardship to the Electoral Commission. That is different from employing more people, and it is not the point. It will be a sad day, given the size of local authorities in the United Kingdom, when there is no official in charge of electoral registration.

[Lord Howarth of Newport]

I certainly share the noble Lord’s hope that that will indeed be the case, and it is important that it should be, because it will be more difficult for the regime which this amendment envisages to operate if local authorities do not have registration officers in place doing their work energetically and with adequate resources. It is something on which we will need to keep a careful eye. I do not have quite the confidence that he does that that will necessarily be the case.

I should like to make just one observation on paragraph (b) in Amendment 54A, in which my noble friends have proposed that the Boundary Commission should submit reports every sixth year, rather than every fifth year, after 2013. That is wise for a number of reasons, but at this time of the evening I shall mention only one of the reasons. If constituencies are to be redrawn—and perhaps quite radically redrawn—at pretty frequent intervals, it creates problems for political parties. If political parties have to be re-formed election by election—and we know that they will all have to be re-formed in the period between 2013 and 2015, if the election is postponed for that long, and at quite frequent intervals thereafter—that creates a lot of difficulties for political parties.

We know the problem—I suspect that all political parties share this problem—of securing an adequate membership. We need a degree of stability to ensure that political parties can perform their role. Healthy, thriving political parties are a precondition for healthy, thriving local government and for healthy, thriving parliamentary democracy. So I do not think that we want to cause upheaval in political parties any more frequently than is really necessary. Of course the Boundary Commission reviews need to be of sufficient frequency and of a regularity to ensure that they adequately reflect the changing composition of the population of this country. That is essential and we all acknowledge that. It is a question of judgment and of striking a balance between that imperative and what I think is also very desirable, which is not to keep on throwing the system up in the air and destabilising political parties. For that reason, the modest change that my noble friends have proposed—having reviews every six years rather than every five years—makes good, practical sense.

[Lord Lipsey]

The nearest that any noble Lord comes to being economical with the truth is when they stand up and say they are going to be brief. Let me try, for once, to ignore that rule and be brief.

First, we all agree that we need a better electoral register—that is common ground. Secondly, and slightly less obviously, the accuracy of the electoral register matters far more under the system that the Government are proposing for constituency boundary drawing than it does at the moment. The Boundary Commission now has reasonably wide discretion. If there is an extra elector here, the commission can make an adjustment there. It cannot do that under the Bill. If there is one voter more than the 5 per cent threshold, all the boundaries of that seat, and in consequence the boundaries of all the surrounding seats, need to be redrawn. An upheaval can rest on whether a single voter is registered.

I have a third point, and given that we are at Committee stage, perhaps we are allowed to inject new ideas into the debate. I can see why the Government are reluctant to go along with the excellent amendment moved by my noble and learned friend, because they think that it will delay the process. However, there is an alternative. Instead of the Boundary Commission trying to equalise the actual number of registered electors, it should try to equalise something different: notional registered electors—that is, the electorate as it would be if there was 100 per cent registration everywhere. That is perfectly achievable.

--- Later in debate ---

[Lord Wallace of Tankerness]

I am only indicating that it could be a circumstance in which the Electoral Commission may take that view. All the problems that the noble Lord, Lord Campbell-Savours, identified may well have been addressed, but there may be a recalcitrant council somewhere in the country which, for one reason or another, has not done that.

I remind the Committee that electoral registration officers are under a statutory duty to compile and maintain comprehensive and accurate electoral registers. It is not as if it is a voluntary activity; there is an obligation on local authorities to compile as best they can comprehensive and accurate electoral registers. As was commented on earlier, the Electoral Commission’s report on performance standards for electoral registration officers in Great Britain, published in March, showed that just under 96 per cent of electoral registration officers met the completeness and accuracy of electoral registration records standard this year.

I salute what Glasgow has done—the noble Lord, Lord McAvoy, mentioned this—and that should be the model. It is important that we have as accurate and comprehensive registers as possible. It is worth reminding the Committee that another report of the Electoral Commission, The Completeness and Accuracy of Electoral Registers in Great Britain, also published in March, stated that the UK’s registration rate of 91 to 92 per cent compared well with other countries. I am sure that that touches on the question of notional registration, which I am sure we will debate further when we come to Amendment 89C—I am grateful to the noble Lord, Lord Foulkes, for advance notice of it. The 91 to 92 per cent figure for completeness is derived from the 2000 census, but it is an approximate measure. It could not form the basis of a boundary review as it does not provide sufficiently robust data to give confidence for something such as a boundary review. However, I take the noble Lord’s point and I shall carefully look at his amendment before we come to debate it.

[Lord Howarth of Newport]

Is the noble and learned Lord saying that this reforming Government are really satisfied that the present condition of electoral registers will do, that they are as complete and accurate as they need to be, and that it is therefore perfectly acceptable to go ahead with the boundary reforms on the timescale that is written into the Bill? Is he really saying that we can be complacent and be satisfied with the state of affairs that we have at the moment, particularly in the light of what my noble friend said about Bradford?

[Lord Wallace of Tankerness]

I am rather disappointed because I have tried my best to listen to what noble Lords have said, and I rather regret that the noble Lord, Lord Howarth, did not listen to me at the very outset when I said that I hoped that there was common ground in our not being satisfied that people who are eligible to be on the electoral roll are not. That should concern noble Lords in all parts of the Chamber. I apologise if I did not make that clear enough to the noble Lord.

[Lord Howarth of Newport]

Is the Minister saying that he is happy for the legislation to proceed on the basis of the present condition of electoral registers?

[Lord Wallace of Tankerness]

I am saying that I do not believe that it is an either/or. The noble Lord, Lord McAvoy, mentioned the previous Labour Government. I think it is fair to say that 3.5 million people have not suddenly disappeared from the electoral register since 5 May 2010. Indeed, the figures which the noble Lord, Lord McAvoy, gave related to mid-2008. It is a problem that occurred under the previous Administration; it is a problem which we must address. It is not as if we are sitting back; we are being far from complacent. The noble Lord, Lord Soley, said that there should be some leadership. I indicate to him and to the Committee that a pilot will be launched for local authorities to compare the electoral register against public databases to identify people who are not currently on the register.

There are other things, such as the door-to-door canvass, which has been referred to, and the importance of going back to contact people who have not responded, which there is an obligation to do. It is important that councils use their own data, such as council tax data. Some do and I understand that some do not, but it is important that they use that data. There ought to be other data. We are looking at using public databases to identify people not currently on the register—for example, the national insurance and DVLA databases. Those are the pilots that we want to set up.