Parliamentary Voting System and Constituencies Bill

Lord Lipsey Excerpts

Monday 17th January 2011 Lords Chamber

[The Lord Speaker (Baroness Hayman)]

I have to inform the Committee that if Amendment 59 is agreed to, I cannot call Amendments 60 to 63ZA for reasons of pre-emption.

[Lord Lipsey]

My Lords, I shall speak to Amendment 60, which is a companion amendment to that moved by the noble Lord, Lord Soley. Before I go into the substance of the argument, perhaps I could make an offer—I must say that this is without any permission from my Front Bench—to the party opposite. We will happily stop accusing you of gerrymandering if you stop accusing us of filibustering. I heard the speech of the noble Lord, Lord Soley. It was all material and to the point. If I was filibustering, I would have been extraordinarily grateful to the noble Lord, Lord Garel-Jones, who unfortunately is not still in his place—I expect he thinks that he has made his point—for prolonging the debate. Yet I was not grateful for it because it seemed to do what we all want to avoid doing: to turn this into a party political argy-bargy instead of being, as it should be, a proper scrutiny of the Bill before this House of Parliament.

In the interests of proceeding reasonably rapidly, I shall not go over again the arguments that my noble friend Lord Soley put so well for an independent look at this. My remarks are devoted more to the case for that being done by a Speaker’s Conference. A range of views have been expressed on the substantive issues of whether we should stick with 650—my conservative noble and learned friend Lord Falconer has strongly argued that case; or whether we should reduce the number—the reductionists include the noble Lord, Lord Maples, and my noble friend Lord Rooker; or should, like me, sit on the fence but say that there are arguments against a reduction. I am bound to say that I did not find the Minister’s response to the earlier debate terribly convincing on why the number should be 650. He did not say the figure was plucked out of the air because he is too shrewd an operator to do so, but it did not sound very different from being plucked out of the air to me. I am therefore taking as made the case for independent inquiry, and I will detain the House only to make the case that that should be by a Speaker’s Conference and not, for example, by a royal commission, an independent inquiry headed by a judge or whatever.

The main reason that I think it should be by a Speaker’s Conference is that this is essentially a matter for parliamentarians. I say “parliamentarians” because I should want this House to be represented on any such Speaker’s Conference. This is not because it is Members of another place who are going to be most adversely affected by what is being proposed. That is an issue—they have trade union rights, if you like—but that is not a good reason why they should be involved. The first reason that they should be involved is that they are the most knowledgeable about the issues involved. They may not all agree, but they have the experience of representing their constituents and existing in the House of Commons to weigh the arguments. There are arguments for a reduction; there is no doubt about it. It is difficult, for example, to get to speak in a debate in the Commons now. It is important that they should be weighing those arguments with the issue of which they have more knowledge than anybody else, which is whether the workload can be coped with by the average MP with the current level of staffing or even an increased level of staffing. They would bring that wisdom to bear, and we need it.

The second reason for thinking that a Speaker’s Conference is right is that however wise the verdict, if it does not attract political consensus, it will not be right and it will not necessarily stick. It is important that we achieve such a consensus, and it is important that all parties are agreed on it. A Speaker’s Conference could achieve this. The coalition should be very sympathetic to this line of argument because the figure we have came about not because either one of the two parties involved was committed to it but because they sat down together and this was the figure they came up with. Widening the consensus to embrace all parties would seem to be an argument that should appeal to the coalition. It seems to me that those are the two fundamental cases for a Speaker’s Conference.

[Lord Foulkes of Cumnock]

I wonder whether my noble friend heard me arguing earlier for some flexibility for the Boundary Commission. Would it not also be possible for the Speaker’s Conference to recommend a range so that it should be between figure x and figure y to give a little bit of flexibility to the Boundary Commission? Is that not another advantage of his proposal?

[Lord Lipsey]

That would be a possible outcome of a Speaker’s Conference. It might also decide that the way to deal with the particular problem that he is advancing is by increasing the tolerance allowed in the size of constituencies, and that is a matter to which this House will return.

In order to have a look at whether a Speaker’s Conference is the right way forward, I devoted a happy Sunday to examining the records of past Speaker’s Conferences. Funnily enough, that is not as easy a task as you might think, partly because there is no agreement on how many Speaker’s Conferences there are. I started off with British Political Facts, which is the bible on all these matters, and it said six, but I then found a speech made by Jack Straw in another place—Official Report, Commons, 12/3/98; col. 781—in which he listed two Speaker’s Conferences not listed by British Political Facts in 1908-10 and 1930. There is also the ambiguous case of the 1919 Speaker’s Conference on devolution, which was chaired by Mr Speaker Lowther, and nobody seems to be able decide whether it was a Speaker’s Conference. Let me confine myself to the six Speaker’s Conferences that everybody agrees on and the progress that they made.

There was the Speaker’s Conference on electoral reform of 1917, which is my favourite. It not only advocated extending votes to women but—prize of prizes for the Lib Dems—it recommended STV. This, alas, was subsequently voted down by seven votes in the House of Commons. There was a Speaker’s Conference on electoral reform in 1943-44, which dealt, for example, with Welsh representation. The 1944 Speaker’s Conference was notable, incidentally, for including three Peers of the realm. It set out lasting principles for redistribution and directions to the Boundary Commission, which endured well. Sixty of 71 quite controversial recommendations by the 1965-68 conference on electoral law and procedure, under Mr Speaker Hylton-Foster, were accepted.

The 1973-74 Speaker’s Conference was under Mr Speaker Selwyn Lloyd. I am sorry the noble Lord, Lord Maclennan, is not present because I believe he sat on that as an MP, as did the noble Lord, Lord Pendry. That brought about an increase in election expenses, which otherwise would not have come about, for the February 1974 election. There was the 1977-78 Speaker’s Conference, under Mr Speaker Thomas, on Northern Ireland representation. I see my noble friend Lord Radice is with us evening but the noble Lord, Lord Molyneaux, who also sat on that conference, is not present. That managed to solve the question of increased representation for Northern Ireland, although not everyone got everything they hoped for out of that. Then there was Gordon Brown’s Speaker’s Conference on electoral turnout and women and ethnic minorities in Parliament. It is not a flawless record but it is a considerable one, covering some of the most difficult problems that have faced this country’s constitution.

[Lord Davies of Stamford]

Does the conference on the future of home rule, which took place in the summer of 1914 at Buckingham Palace, and was certainly presided over by the Speaker, not count as a Speaker’s Conference?

[Lord Lipsey]

I do not know whether it should but it does not count in Mr Straw’s list or in British Political Facts. If my noble friend wishes to inform the House further about that, I am sure it would be immensely valuable to our proceedings this evening.

[Lord Morgan]

I think the difference is between a conference convened by the party leaders, which they ask the Speaker to chair, and a conference that the Speaker is a dynamic element in arranging.

[Lord Lipsey]

I defer absolutely to my noble friend. Indeed, I was quailing in my seat at the thought of the intervention he might make, which might have sent me back to the classroom on this matter.

[Lord Anderson of Swansea]

On the Speaker’s Conferences, I genuinely am ignorant about this one question. To what extent was there a clear remit to each of these Speaker’s Conferences? From this debate, it is rather important that there should be flexibility and that a number of principles should be put to the Speaker’s Conference to decide. Has it been the practice to give a very broad remit or to set out in extenso the various principles on which the Speaker’s Conference should decide? Since my noble friend has devoted all of one Sunday to the study of this subject, I am sure he can enlighten us.

[Lord Lipsey]

Noble Lords will find that a range of experiences are set out in a Speaker’s Conference Standard Note, House of Commons document, SN/PC/04426, which has in it most of the knowledge that I have tried to impart. In some ways we should learn from the shortcomings of past Speaker’s Conferences in setting up this new one. They have tended to be rather big, often having 27 members. Not all of them have included Members of this House. For very good reasons I am sure that this time we would want to include Members of this House this time. In particular—this deals with the point that the Government might make against them—this one will need a speedy timetable as it is no part of the purpose of this side of the House to delay a decision or to make it impossible to introduce these changes for the next general election, if that is the desire of Parliament. Indeed, it would speed the passage of this bit of the legislation through this House if there was such a speedy conference. I really do not think this issue is so complicated that two or three months of hard work would not get us a good verdict which would enable the whole process to go forward on a sound basis of consensus, and therefore to endure.

The Government have rushed us into a bad place and now they are complaining that we are rushing willingly into that place. The figure they have come up with may be right, but if it is right it is by sheer fluke, not by plan or consideration. This House, of the parliamentary Houses, stands for a reasoned approach to public policy, and in particular to public policy on our constitution. I therefore commend this amendment to the House.