Wales Bill

Lord Norton of Louth Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 31st October 2016 Lords Chamber

[Lord Norton of Louth (Con)]

My Lords, my noble friend Lord Crickhowell has raised practical objections to the amendment. I do not wish to raise practical objections but I have an objection of principle. Amendments like this immediately concern me in so far as they restrict the choice of electors. Any amendment that places a restriction on candidates is in effect a restriction on the choice of those who have to do the election. It may be that, as the noble Lord, Lord Hain, said, candidates may not know the problems of the local area or may not know the culture. That is for the electors to decide and not elect them as their representatives. It is not for us to say to the electors, “Sorry, you can’t elect them because we think they aren’t suitable to represent you”. That is fundamentally an issue for the electors. I am for widening choice for electors; if they want to elect whoever, that is entirely a matter for them. It is not for us to impose a statutory requirement.

I accept the point that the noble Lord, Lord Wigley, made about the problems that derive from the particular electoral system in respect of some candidates, but the problem there is the electoral system. My point is one of principle; therefore, one would need to look at the structure and the process of the electoral system to enable the electors to have a better choice, so that they are choosing those whom they wish to represent them. If one wishes the candidates to live within the area, that is a political issue. It is for them to promise electors, rather like Members here can say to their constituents, “If elected, I will live in the constituency”. However, this is fundamentally a relationship between electors and those they choose to represent them. I am therefore wary of any amendment that restricts choice; various amendments have come up in different contexts that do that, and in the Bill I am particularly wary of moving in this direction. I hope the Minister will resist it.

[Baroness Randerson]

My Lords, I have great sympathy with the amendment in the name of the noble Lord, Lord Wigley. Although I understand the principle of the amendment in the name of the noble Lord, Lord Hain, I fear that it takes rather too hard-line an approach to an important issue of principle. I disagree with the noble Lord, Lord Crickhowell. The principle here is not the individual convenience of candidates who stand for the Assembly or those who are elected to the Assembly, but the fundamental principle that you should not be a member of a legislature to which you are not subject yourself. You should not pass laws that you yourself do not have to obey and take heed of. That supersedes anything that can be said about the practical problems, which undoubtedly exist, for people who live on the border. I think the amendment of the noble Lord, Lord Wigley, deals with that issue in that you do not have to go through the upheaval of moving to Wales if you live a couple of hundred yards over the border. Indeed, if you live in the middle of Surrey, you do not have to go through that upheaval until you are elected.

Until this Assembly term, it has always been taken for granted that you would live in Wales. I recall that when the current Assembly Member for Cardiff Central was first selected as the Labour candidate, she lived in Islington, but she felt obliged to obtain a small flat in Cardiff when she became the Labour candidate—and rightly so. It is important that people feel obliged to live in Wales, that they feel part of the Welsh culture and that they understand Welsh media and Welsh issues. Without living in Wales, that cannot be so. Therefore, I support the amendment of the noble Lord, Lord Wigley.

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[Lord Murphy of Torfaen]

I think that can be addressed if, in dealing with this amendment, the Government look at what happens in local government. You can be a member of a local authority and live within, I think, three or four miles of the boundary of the local council, and I suppose that could happen with the Welsh situation. Thus, if you lived within a mile or two of the border but felt very much part of a town or village in Wales and you felt Welsh, the accident of the border could be overcome by applying local government laws to the Welsh Assembly.

I turn to the point made by the noble Lord, Lord Norton, about the ability of electors to elect an individual to represent them in the Welsh Assembly. There is an awful lot of merit in that. People should be given that choice but, again, there is a difference. The only example of someone living in England and not in Wales is the UKIP leader in Wales. He was elected as a top-up Member. He does not represent an individual first past the post constituency; he is part of a top-up regional list.

The difference is that on that regional list, one generally elects the party and not the individual. When people voted as they did in that region in Wales, they voted for Mr Hamilton not as Mr Hamilton but for UKIP. Therefore, they did not really have a choice of saying, “I don’t want this person because he doesn’t live in Wales”. They did not get a choice in that. In one form or another, I represented people in Wales for 43 years. People then had the option of saying, “I don’t want him on the local authority or in Parliament”, because, perhaps, the candidate did not live in the constituency, ward or whatever. They had that chance, but they do not have that chance with regard to the top-up seats.

[Lord Norton of Louth]

Surely, the argument, therefore, is that they should be given that chance—that one changes the system so that they have that degree of choice.

[Lord Murphy of Torfaen]

If I had my way I would change the whole system—probably not to what the noble Lord, Lord Wigley, wants, but to the alternative vote system, for example. The point I am making is that the people in that part of Wales did not get the opportunity to say, “I don’t want that person because they do not live in Wales”. They were voting for a party instead of an individual. I cannot see any reason why, when we set up a Parliament or an Assembly in one of our devolved parts of the United Kingdom, a person should represent it without living in it. All the arguments that have been addressed are valid and I hope that the Minister will look favourably on these amendments.

--- Later in debate ---

[Lord Norton of Louth]

My point was that one should change the system so that the electors actually have a choice. The noble Lord is quite right about the point I was making. I would make it as open as possible for electors to choose whoever they want. I am all for eroding the restrictions on candidature. It is fundamentally a matter for the electors, so if a candidate does live hundreds of miles away, that is a matter for the electors. I remind him that, many years ago, it was actually a Labour Member who listed his address as Greece.

[Lord Hain]

I did discover all sorts of anomalies when I was Leader of the House of Commons about what was actually going on in terms of people’s residence, and I will not embarrass the noble Lord by mentioning where some of the Conservative MPs lived—that is another matter entirely. I am, as I say, more persuaded by the amendment in the name of the noble Lord, Lord Wigley, than by my two, if I have not dropped my noble friend Lord Murphy in it, so I am happy to withdraw our amendment in his favour.

I also think that my noble friend Lady Gale made an important point about the Assembly having the right to do this and I would like the Minister to look at actually inserting into the Bill a power explicitly conferred to the Assembly to make provision for the eligibility of candidates. On that basis, and agreeing with the point of the noble Lord, Lord Carlile, that the principle at stake here has to be addressed one way or another—if not by this Parliament, then I hope by the Assembly, though it is a matter for that body—I beg leave to withdraw the amendment.