Parliamentary Voting System and Constituencies Bill

Lord Rennard Excerpts

Tuesday 30th November 2010 Lords Chamber

When the time comes to argue this in the referendum, it will be much better for the Lib Dems—I leave out their coalition partners, because they will not support this—if they can point to what they said in Parliament in meeting some of these issues. The TV and media at the time of the referendum will home in on this; they will not bother with it while we debate it. Come the referendum debate and campaign, however, these little nuances, which the public are entitled to know the answers to, will be raised. The Lib Dems need to be able to say, “We answered this in Parliament when the Bill went through”. If they do not, frankly, they are not fulfilling their role as parliamentarians. Be it on their head when the time comes.

[Lord Rennard]

I am sure that the noble Lord, Lord Campbell-Savours, will not be surprised to find that his amendment does not find favour with me. I hope noble Lords will generally appreciate the position of many of us on these Benches. We feel a high degree of frustration about suggestions of inquiries, commissions, consultations, deliberations on electoral systems, and suggestions that there should be a referendum for people to decide at some unspecified future date. We have a long history of observing these things, and these electoral systems have been examined by many people over many decades. Many forms of electoral system now operate in this country, including, for example, the alternative vote system. In particular, Scotland operates STV when all its council elections are due but the alternative vote when it has a council by-election. The problems in Australia to which the noble Lord, Lord Campbell-Savours, referred do not appear to happen in Scotland when Scottish voters are using the alternative vote to elect a single councillor. So I would pray in aid what is happening in Scotland and in Northern Ireland as being perhaps a little more relevant than suggestions about problems somewhere in Australia.

It seems to me that the academic evidence generally suggests—and it is the consensus of those who take the closest interest in these issues—that there really are no advantages in the so-called supplementary vote system compared with the alternative vote system and that there are a significant number of disadvantages to it. Principally—and the reason why it is not used by any of the parties using alternative vote in their internal mechanisms—the supplementary vote system has the same problem as first past the post in that you have to try to guess who is near the top of the pile and use your vote tactically. That does not necessarily work, particularly when you have a more than two-party system, and we should recognise that these days we have a more than two-party system—indeed, at least a four-party system—in Scotland and in Wales. For voters to be expected to try to guess which two are in the lead and to use one of their Xs only for one of the two parties deemed to be the biggest is not fair. It is not fair to Green voters and perhaps to other voters in England, and it is not fair in the four-party systems that operate in Scotland and in Wales.

It was not without reason and not without considerable debate that the last Labour Government introduced a proposal for AV in the Constitutional Reform and Governance Act in the last Parliament. It was not without considerable debate and discussion and proper examination, I have no doubt, that the proposal for AV and a referendum was included in the last Labour Party manifesto in the general election just six months ago. I am sure that the party has its deliberative mechanisms for forming its manifesto.

In response to this general debate about modes of AV, SV or other systems, and comments that AV does not work, we should bear in mind how widely it is used. It is used by the Conservative Party in electing its party leader and its candidates; it is used by the Labour Party in electing its leader and its candidates; and it is used by the Liberal Democrats in electing our leader and our candidates. It is widely used in many other organisations, including the Church of England and many of the charities.

Voters in this country are used to using 1, 2, 3; it is a very simple and easily understood system. I fundamentally believe that the issue of whether we go to AV now or we stick with first past the post is primarily a question for the voters in this country, which they should have in a referendum very soon and on the most appropriate day.

In my view, too much of this discussion and debate is about which system is supposed to favour which party. That is totally the wrong argument and issue. We should let the voters decide on this issue, and the system should be decided according to which system gives most power to the voter. AV gives more power to the voter than first past the post.

[Lord Grocott]

The noble Lord stressed heavily the importance of consulting the electorate before a change is made. Is he, with his long experience of Lib Dem organisation, able to confirm to this Committee whether in the course of the coalition negotiations the Lib Dem party was trying to persuade both the Labour Party and the Conservative Party to push ahead with a Bill for AV without a referendum? Can he throw some light on that? It is crucial to this debate.

[Lord Rennard]

My Lords, I can throw no more light than the books currently in circulation describing the coalition talks; I was not privy to them in detail. However, I understand that the Labour Party proposed that it would proceed with AV, as in its manifesto; and it was conceded by the Conservative Party that it would proceed with AV in a referendum to be held at some point in the future, and subsequently it was agreed that it would be held on 5 May. I do not think that that is terribly relevant. The important thing is which system gives most power to the voters. AV gives more power to the voters than first past the post and we should let the voters choose on that basis.

[Baroness Liddell of Coatdyke]

My Lords, I will not delay the Committee long because I very much agree with much of what the noble Lord, Lord Campbell-Savours, has said. I would ask noble Lords to be aware of some of the laws of unintended consequences that come as a result of the different models of AV that exist. I should declare an interest in that until last year I was the British High Commissioner to Australia. I have watched the system in Queensland and the federal system with a great deal of interest. My noble friend Lord Campbell-Savours set it out very effectively.

One of the unintended consequences of AV is the nature of the deals done by political parties and by individuals. My noble friend talked about tactical voting, but it goes beyond that. Parties—at the national level, the state level and the constituency level—do deals. It is easy to see that a party of the Right and a party of the Left would not necessarily do deals with one another, so they might look for a third party to do a deal with in terms of their preferences. Sometimes that third party is an independent. At Second Reading, I pointed out that in the federal administration the No Pokies party held the balance of power in the Australian Senate. The No Pokies party is a one-man party opposed to one-armed bandits.

There is another way in which these laws of unintended consequences can kick in. I am sorry that the noble Lord, Lord Rennard, thinks that we should not be thinking or looking at these issues, but we know that we have parties in this country which operate on the extremes. There is a real danger, which has been seen in Australia with Mrs Pauline Hansen and her party, that the system of preferences can be used to help parties that come from an extreme position.

[Lord Rennard]

Does the noble Baroness accept that, sadly, under the first past the post system we have had a significant number of BNP councillors elected in this country? With an alternative vote system, all the supporters of parties opposed to the BNP could effectively use their votes to keep out extreme members of the British National Party. That would be a much fairer and more democratic solution.

[Baroness Liddell of Coatdyke]

I would refer the noble Lord to what my noble friend Lord Rooker has just said about the gradations of voting and the worth of each vote in relation to voting for extreme parties. My point is that we did not have pre-legislative scrutiny of this legislation. We did not have a consultation process. Yes, politics comes into it, but I believe that on both sides of the Committee there is a genuine desire to see a more effective way of ensuring that our country is adequately represented in the Parliaments of this land. That is why I believe that my noble friend Lord Campbell-Savours has done this Committee a great favour by introducing these amendments. The laws of unintended consequences could radically alter the nature of the political process in this country.

We must not rush into it blindly. There is still the opportunity for the coalition Government to achieve their dream of getting a referendum on the same day as the Scottish and Welsh parliamentary elections. We will come to that later. But, please, let us not get into a situation where we take decisions that we will regret for a very long time.

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[Lord Falconer of Thoroton]

We lost. In those circumstances, I do not think that relying on what we did justifies you doing the wrong thing.

[Lord Rennard]

Will the noble and learned Lord tell us which alternative vote system was contained in the Constitutional Reform and Governance Bill, which he supported not many months ago, and why his Government chose that particular alternative vote system?

[Lord Falconer of Thoroton]

I never voted in relation to the Constitutional Reform and Governance Bill. I assume the system was the one that is now being put forward.

If we do not have a proper, independent debate—which I believe will carry much more weight with the public—then we have to have the debate here as to which is the right system. It is a distressing aspect of this debate, but inevitably when we raise such issues, instead of the other side engaging with the issues, we get the noble Lord, Lord Tyler, appearing to say to the Cross Benches—I have not read Hansard yet, which I will check—“If you vote in favour of procedural manoeuvre, it’ll be 100 per cent elected”. What conclusion are we supposed to draw from that? Then the noble Lord, Lord Rennard, appeared to say, “We have debated this long enough. Let us get on with it”. Let us either debate the issues, or let us have a commission of inquiry to look into what is the right AV system in the context of a timetable, so that the AV vote will take place, but it will be on the basis of proper information. The Front Bench will support the amendment if the noble Lord, Lord Campbell-Savours, puts it to a vote.

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[Lord Campbell-Savours]

My Lords, I greatly appreciate the contributions of noble Lords across the Committee on my amendment. I do not want to delay the Committee, but I do want to say a few words on the comments made by noble Lords. The speech of the noble Lord, Lord Lipsey, was very welcome because, of course, it was he, who, on 1 February 2000, in debate on the Local Government Bill, described my system as,

“a perfectly respectable system. It has a number of strong features to commend it … It is nice and simple. Academic research has found that people like using it”.—[Official Report, 1/2/00; col. 172.]

That really is at the heart of this whole question. The system I was proposing and which I want to be on the table during the course of the inquiry that should take place is simple and easily understood by the public.

I welcome the support of the noble Lord, Lord Deben, and his understanding of the unlikelihood of voters using additional preferences. I obviously dissent from his conclusions. My noble friend Lord Rooker commented on the question of the 50 per cent. That has got to be sorted out because even the noble Lord, Lord McNally, for whom we have immense respect, said during the course of his Radio 4 “Today” programme interview the other day—I took it down word for word—that he believed it took 50 per cent to elect a Member of Parliament under the AV system. That is simply not true.

The noble Lord, Lord Rennard, said that the Liberal Democrats have not political advantage in mind when promoting AV. That is simply untrue. I have talked to huge numbers of Liberal Democrats over the years who have said, where they support AV, which is not their preferred system, that at least it gives them more seats in Parliament. I cannot see how he can possibly dissent from the view expressed by so many of his colleagues.

[Lord Rennard]

With the greatest respect, I did not actually argue that case. I simply argued that it should be for the voters to decide what is more important to them rather than for any party. The contrary argument to that just made by the noble Lord is that first-past-the-post simply favours the Labour Party or the Conservative Party. My argument today is a very simple one; that it should be for the voters to decide which system gives most power to the voters, irrespective of party interests.

[Lord Campbell-Savours]

I think that when the wider public read the noble Lord’s comments, they will agree with my interpretation of his views. My noble friend Lady Liddell of Coatdyke brought to the debate her very valued experience of how the law of unintended consequences applies in the case of AV in Australia. It was her contribution at Second Reading which took me down the Thrasher and Rallings route, because I suddenly realised the implications of perverse systems and how they apply in Australia.

I welcome the supportive comments of the noble Lord, Lord Alton, and his expression of concern over the failure of the Government to consider options. I hope that he will join some of his noble friends on the Cross Benches in the Lobby.

I am very grateful to my noble and learned friend Lord Falconer of Thoroton for very clearly setting out what this amendment means in language everyone can understand and, I hope, support.

Finally, I say to the noble Lord, Lord Strathclyde, that he completely misreads my amendment. He read his comments from a brief, so I presume that civil servants wrote those comments. It seems to me that civil servants do not understand what my amendment is all about. As for the question of delay, I accept there will be delay, but we can agree a timetable on an inquiry and I feel quite sure that that can be agreed between the Benches. It would mean that any referendum would probably be in 2012, when at least the question on the ballot paper would be one which had been properly considered by those who have a responsibility to consider these matters.

In the light of the debate, I wish to test the opinion of the Committee.

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[Lord Browne of Ladyton]

My Lords, I rise to support the amendments in this group and my noble friends Lord Foulkes and Lord Lipsey in their attempts to improve this legislation. I genuinely believe that and I will explain why. I am glad to adopt the arguments put by my noble friends Lord O’Neill and Lord Liddle, and indeed from the Cross Benches by the noble Lord, Lord Palmer. I am also grateful for the contribution of the noble Lord, Lord Deben, because he cleared the decks for my contribution. I will not adopt any of those straw man arguments he set up and knocked down. I am speaking on the basis of my experience of campaigning in a number of elections in Scotland using a number of different systems, because that is what we have to do now in Scottish politics, and on the basis of my experience of campaigning in referenda.

I predict that what will happen in Scotland is that holding the Scottish Parliament elections on the same day as the referendum will do further damage to the reputation of politics in Scotland and to the relationship between politicians and the electorate. I say so for this reason. There is an argument for holding elections for different purposes on the same day if there is an analogy between them. That was partly why I and others both in this House and the other place supported attempts in 2007 to do just that. We thought that, despite the complexity of the ballot papers, we would not confuse the people of Scotland about what we were seeking to do. Essentially, we were asking them to vote for political parties that had analogous arguments to put forward in the elections to both the Scottish Parliament and local government seats. There is a clear synergy between what is done by local government in Scotland and what the Scottish Parliament does, so it was easy to do.

We embarked on that course. None of us had any doubt about the intellectual ability of the people we were asking to vote in that election, and we were confident in the infrastructure of the electoral system. All the way along the line we were assured that they could carry it off, just as they are assuring the coalition Government. I have to say, though, that there were some significant volte-faces, particularly in the case of the Electoral Commission, which I shall come back to in a moment. But we were assured that it could be done, and in turn we assured the people that it could be done. So we set out to hold local government elections and Scottish Parliament elections, and by the end of the process we had 147,000 spoiled ballot papers. I repeat: 147,000 spoiled ballot papers. That was not because the people of Scotland were inherently unable to understand what they were being asked to do, but because the infrastructure and the environment—the process—were incapable of delivering a way to guide them through it. The failures happened inside the process, in the polling stations and in how the ballot papers were handled thereafter. We failed.

As a consequence of that failure, as a nation we agreed that we would not do it again. There is now a universal view across the parties that we should not try to do it again because we failed to do it properly last time. Another set of elections in which the electorate is disfranchised, allowing the media to run amok with stories of how the political classes have let the people down, could have a destructive and perhaps terminal effect on the relationship between politics and the people of Scotland. Not only did we decide not to do it again, we also set up an independent inquiry to try to identify what we had done. That inquiry came back saying, “Don’t try to run two separate polls on the same day ever again”. We accepted that advice. All of us in all the parties have conditioned the people of Scotland to the view that it was a bad thing to do.

Not only have we conditioned the people of Scotland to that view, we have also encouraged our media to think that to do it at all is of itself the wrong thing. And now what are we about to do? It would appear that we are about to transgress that collective apologia and reconditioning by trying to do it again. Not only that, we will be trying to do it again using two electoral processes that are not analogous with each other. In fact, as my noble friend described it, they contradict each other. We will be giving the people of Scotland mixed messages. We will be saying, “For the purpose of the referendum, the four of us who represent these parties all agree with each other and are right, so you should support us. But for the purpose of the other thing being done that day, we entirely disagree with each other. This man’s judgment is not to be trusted. This woman’s judgment is not to be trusted. She is not to be trusted with making important decisions in your life—except, of course, for the way in which we decide to elect the House of Commons”.

The confusion does not lie in the electorate, because the electorate will respond to us in the way in which we deserve. The confusion lies in us, in seeking to do this when we still have clear in our memory the history of our ineptitude in doing it before. If we have not learned from that, I can tell you now that the media in Scotland and the people of Scotland will, throughout the whole course of this campaign, remind us every single day. The fact that we are trying to do this will dominate the early part of the elections in Scotland. That is my first point.

The second point is that we are a comparatively small part of the United Kingdom. The debate that will dominate in the United Kingdom in the period up to the election—to the extent that it can, and I will come back to that in a moment—will be about the referendum. We will relegate the issues of Scottish politics in a determination of who governs Scotland, for a substantial part of the things that matter to people, to an also-ran category. Politicians, of course, are above doing that, and we will not do that, but the media will; and the UK media, the London-centric media, dominates our media. Consequently, try as our politicians will, with their meagre resources, to fight against this and get some reasonable debate going about the issues that matter to the people of Scotland and about who should make decisions about health and education and other related issues that have been devolved, they will not be able to do it.

The great debates that will take place—and there will be televised debates about this that will be beamed into all of our houses—will be about the referendum. That is what those of us who argue about respect for the people of Scotland mean. We have no right, in my view, to do this to the people of Scotland, given our own experience of giving them a complicated choice before which we failed to manage properly.

I will make one further point. We will be doing this in an environment where, the fortnight before the date of the election, there will be four public holidays. That is where my experience of campaigning comes in. I know, as does everyone else in this House who has knocked on doors, that you cannot touch these issues over a holiday weekend—and we are going to have two of them. My noble friend says “and a royal wedding”. We will have two of these weekends now because of the royal wedding. Therefore, we are going to deny ourselves the opportunity, in campaigning terms, to find a space to get these issues up for the consideration of the electorate because of the date that has been chosen. We are going to do, in my view, significant and terminal damage to the relationship between the political parties and the people of Scotland, and we have an opportunity in these amendments not to do that. Never mind the arguments for the rest of the United Kingdom. Never mind the arguments about differential turnouts because we do not have concurrent elections in all parts of the United Kingdom. Never mind the fact that, when these issues were debated in the other place, the debate took four hours. There were, in those four hours, one and a half contributions in support of the Government’s position. In the Minister’s response, there was no answer to the comprehensive arguments that were put forward from academic sources, from political sources, from the Electoral Commission and from other sources as to why this was the wrong thing to do.

I warn the Liberal Democrats that, if this happens, and if the consequences that I predict ensue, then other political parties, including the coalition partners, will be very quick to tell the people of Scotland where the blame lies for us.

[Lord Rennard]

My Lords, I want to say briefly why I oppose this group of amendments suggesting that a date other than 6 May should be the date for the referendum. I will speak also to the next group of amendments suggesting other possible dates. Let me say first that I do so on the basis that, in all these discussions of electoral reform and electoral matters, I have always argued consistently from the position that what we should be considering is what is the maximum benefit for the voters, what gives most power to the voters and what most helps them, and not from the position of the politicians or the parties. It seems to me that 6 May for the referendum is actually the day that is of the greatest benefit to the voters for a number of reasons.

[Lord Foulkes of Cumnock]

It is 5 May.

[Lord Rennard]

I believe it is 6 May. The first argument, which has been made several times, is by no means the strongest. In my mind it is a relatively weak argument. However, I think the arguments made about cost are relevant. I have seen figures suggesting that the cost between holding the referendum on the same day as the elections next May and on another day might be £15 million. I have also seen figures suggesting £30 million. Whether that is a big sum of money to pay for democracy is a relevant argument, but it is used very frequently by the opponents of reform. I regret the fact that the noble Lord, Lord Grocott, is not in his place at the moment, because almost his main weapon for arguing against any measure of reform, moving our electoral system on from where it was nearly 140 years ago, is that it would cost too much to ask the people to have a vote on this issue. Since it would be used as an argument in the referendum, I believe that holding it on a day when it would be more cost-effective to do so is at least a relevant argument. Above all, I believe 6 May is a good day for the convenience of the voters—I should have said 5 May. I beg your pardon. The voters would be voting in 84 per cent of the country in elections on the same day—in local elections for most of England, and in all of Scotland and Wales. Being expected to turn out on this issue on another day would not, I think, be welcome. The next opportunity in the United Kingdom when there would be so many elections would not be until 2014, when we would be voting in the European Parliament elections. I believe that it would be less satisfactory to hold this referendum in 2014, a year before the general election. The voters should know, and we should know, for a longer period than that what voting system we will have.

As I said at Second Reading, having the referendum on the same day as a lot of other elections will, I think, strengthen the legitimacy of the vote. Legitimacy of the vote is argued by a number of people. I do notice that some noble Lords argue with inconsistency. They say that there needs to be a big turnout for these elections in order for there to be legitimacy but at the same time they argue that there should not be any other elections on the same day. I honestly wonder how many people would go along to the polling station if there were no other elections on the same day.

We have had arguments about confusion. Let us turn again to the Scottish Parliament elections of 2007. One of the most notable things about them was that when people had a complicated ballot paper for choosing their MSP for their constituency and their regional list MSPs they also had the opportunity to vote in a preference voting system—with choices one, two and three—in the local elections. In those local elections in Scotland in 2007, on the same day as the Scottish Parliament elections, virtually none of the local election ballot papers was spoilt. People easily understood one, two and three on a ballot paper on the same day as they were also electing list MSPs and constituency MSPs. Therefore I believe that we are respecting the Scottish voters. I will give way briefly, although the noble Lord has spoken at some length already.

[Lord Browne of Ladyton]

I am grateful to the noble Lord for giving way. Can he explain to other noble Lords why, if it was as simple as he suggests, his party in the Scottish Parliament argued for and voted for the movement of those local government elections from the same date as the Scottish Parliament elections?

[Lord Rennard]

My Lords, the beauty of devolution, which this party has long supported more than any other party, is that different parliaments and assemblies in different parts of the country can have their own priorities. I am simply arguing now that we should be respecting Scottish voters and crediting them with intelligence, which they showed in 2007 by voting in the Scottish Parliament elections and in the local elections—and in the local elections, there were very few spoilt ballot papers. I do not believe that the voters in Scotland are any less intelligent than, for example, the voters in London in 2000 when they elected the borough councillors in London and they voted for the London Mayor and the London Assembly. I do not believe that they, or voters in any other part of the United Kingdom, are less intelligent, for example, than voters in the United States who, in many states, elect their senators, their congressmen and their president and vote on numerous initiatives on the same day.

Finally, while some people say that it is contrived for that day in May to induce the right result, I cannot understand how it could be seen that fewer than 4 million Scots and fewer than 2 million people in Wales would outvote more than 38 million people in England. On all these technical issues, the argument I have made since 2000, when we discussed the setting up of the Electoral Commission, is that when there is a dispute between parties as to what is and is not practical we should have an arbiter, independent of government and of any party, who could give guidance to Parliament. The Electoral Commission, in briefing Parliament on these issues, has been clear and specific. It is satisfied that it is possible successfully to deliver these different polls in May at the same time.

[Lord Foulkes of Cumnock]

How does the noble Lord reconcile that with the Electoral Commission advising the Scottish Parliament to separate the local government elections from the Scottish Parliament elections, as my noble friend Lord O’Neill pointed out?

[Lord Rennard]

It is not at all inconsistent to argue that one should be able to hold the local elections and the Scottish Parliament elections at different times if that is the consensus in Scotland. I am simply saying that we should credit the intelligence of the voters in Scotland, Wales, Northern Ireland and England with being able to vote in the AV referendum—it is a simple yes or no choice—and to elect other representatives at the same time. That system applies in many other countries with no difficulty. Let us respect the voters.