Parliamentary Voting System and Constituencies Bill

Lord Rennard Excerpts

Monday 6th December 2010 Lords Chamber

[Lord Campbell-Savours]

My Lords, I want to follow that specific question. I am pleased that my noble friend was able to intervene before me. It is not just a question of whether the Electoral Commission would recommend that the date be changed; it is whether the Government for other reasons might wish to change the date of the referendum. I would remind the noble Lord, Lord Strathclyde, that in 2001 a Government had to defer elections due to the foot and mouth crisis. All over the country, returning officers were arguing with their local authorities that it would be impractical, because of problems at polling stations, to carry out polling on that particular day. In addition to the question asked by my noble friend, I would therefore like to know what would happen in those circumstances.

In Clause 4(7) of the Bill there is reference to,

“Section 16 of the Representation of the People Act 1985 (postponement of poll at parish elections etc) does not apply to any polls taken together under subsection (1)”,

and subsection (1)(b) refers specifically to,

“a local referendum in England”.

So I think that we should have some assurance about what would happen in the emergency circumstances that might arise.

I had to leave the Chamber for personal reasons during the course of a couple of speeches, but I understand that reference was made to our alleged inconsistency in these matters. I would like to draw the House’s attention to the then Constitutional Reform and Governance Bill which was considered by Parliament earlier this year—a Bill produced by the then Labour Government. Under Clause 29 of that legislation we find my noble friend's amendment. Under “Referendum on voting systems”, it states:

“A referendum is to be held, no later than 31 October 2011, on the voting system for parliamentary elections”.

In other words, we showed in our Bill the flexibility that my noble friend seeks to establish in this Bill. Our position is perfectly consistent with the position that we took earlier this year.

I am very pleased to see a large number of Cross-Benchers in the Chamber today. The other day we debated an aspect of this Bill, when some of us were a little concerned that the Cross-Benchers had perhaps not been able to hear the debate. That is the insufficiency of consideration that has been given to the effectiveness of the electoral system proposed in this Bill. There is a lot of evidence out there to suggest that the optional multi-preference election system under the alternative vote system—which applies not in Australia generally in its federal Parliament arrangements, but only in one state, Queensland—is flawed. There has been a lot of academic work to prove that. In later stages of the Bill I will bring forward evidence, on the basis of international evidence which we have been able to collate, to dismantle systematically the case made for that system.

Even this morning I received a paper on STV which applies under the Scottish system for local elections. The interesting thing about STV in Scotland is that when a by-election takes place there it triggers an AV election. In other words, within the United Kingdom we have examples of AV operating which have not been fully considered by Parliament. The noble Lord, Lord Rennard, drew my attention to that the other day—he nods his head. What happened in those 32 by-elections in Scotland will be of great interest to the House when we produce that information. This morning I received a document, whose authors are Professor David Denver of Lancaster University, Dr Alistair Clark of Belfast and Dr Lynn Bennie of Aberdeen, on the operation of the STV system in Scotland—not on AV as it applies in individual constituencies when there is a by-election.

More work needs to be done on the electrical system proposed in the Bill before Parliament finally decides what the system should be. Furthermore, in the event that we proceed with the system proposed in the Bill, there should be time for a full public debate before any referendum takes place within the United Kingdom.

[Lord Rennard]

The noble Lord seems to suggest again, as have a number of noble Lords, that there simply has not been sufficient time to consider the relative merits of electoral systems and in particular AV. Is the noble Lord aware that a royal commission recommended the adoption of the AV system in 1910; that an all-party Speaker’s Conference made the same recommendation in 1917; and that the House of Commons voted for the introduction of the alternative vote system in 1931? Does he consider that this is perhaps the only place where 100 years is deemed inadequate time for consultation before voters are allowed to say how their representatives should be chosen?

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To those who say that people will not turn out for the referendum, I say that we are not doing our job. Our job is to open the doors of democracy and make it worthwhile for the public to come through. Give people power and they will engage. As Kevin Costner might have said, “Build it and they will come”.

[Lord Rennard]

My Lords, I wish to oppose the inclusion of Amendment 16 in the Bill and to do so as a strong supporter of electoral reform. I actually joined the Electoral Reform Society some 35 years ago at the age of 15. Unlike some supporters of the alternative vote, I remain strongly committed to the principles of proportional representation, and to the merits of the single transferable vote system in particular. However, I share the opposition to closed lists of noble Lords who propose this amendment, whether they be lists of 10 people or just one, as in the current first past the post system. Above all, I am committed to making progress that will allow the voters themselves to have a say in how their representatives are chosen.

I am sure we wish the noble Lord, Lord Owen, well in his recovery. I note from his recent correspondence with the Electoral Reform Society that he has been referring to the alliance commission in the early 1980s, which, on behalf of the Liberal Party and the SDP, looked at electoral systems. He notes that that commission found in favour of STV rather than the alternative vote system, but I ask him when he looks at his Hansard to consider that report again in some detail because it also said that in parts of the country where perhaps it was appropriate to have only a single member—such as in the far-flung rural parts of the country—it was appropriate to use the alternative vote system.

I also draw his attention, and that of some of his noble friends, to the system that operated for choosing single candidates within the SDP—of which he was a member between 1981 and 1988—and in the party that he led between 1988 and 1990. The system chosen for choosing a single person, be it a leader, a president or a candidate, was in fact the alternative vote system.

[Lord Rooker]

Which one?

[Lord Rennard]

It was the system that is proposed in this Bill and which was proposed by the then Constitutional Reform and Governance Bill put forward earlier this year and voted for overwhelmingly by Members in another place. I ask those in your Lordships’ House who are members of the major parties, and who are considering tonight and on many other days the merits or otherwise of the alternative vote system, to consider how it is that within their own parties—the Labour Party, the Liberal Democrats, the Conservatives, and for that matter the Scottish National Party, Plaid Cymru or the Greens—when it comes to electing a single person, be it a leader, a president or a candidate, it is the alternative vote system, as generally known, that is always used.

In 1996-97, I was the joint secretary of the committee between the Labour Party and the Liberal Democrats that looked at proposals for constitutional reform in the event that the Conservative Party lost the 1997 general election. I served under the late Robin Cook and my noble friend Lord Maclennan of Rogart. We had very high hopes then because it was agreed between the then main opposition parties that as and when there was a general election in 1997, and if the Conservative Party was defeated, there would be a referendum on an alternative proportional voting system. Over the 13 years in which that Government lasted, no such referendum was ever held.

Shortly after the general election of 1997, the late Lord Jenkins chaired the commission that looked at the alternatives; the noble Lord, Lord Lipsey, was a member of it. I have noted how some of those in support of this amendment are quoting the fact that the Jenkins commission, as it became known in 1998, did not find in favour of AV but in favour of a system known as AV+. As the noble Lord, Lord Lipsey, has confirmed in earlier debates, when it came to actually looking at this issue, the great—and I think very wise—Lord Jenkins, actually decided that the best system, in his opinion, was for AV for single-member constituencies in rural areas and for STV in the bigger city areas with multi-Member constituencies.

I note the words of my noble—he called me a little while ago his erstwhile—friend Lord Alton of Liverpool. He said that Lord Jenkins had in the end rejected the AV system. To all those who hold the memory of the late Lord Jenkins in some esteem—I hope there are many in this House—I would say that I know that it was to his great, great regret, in a very long and very distinguished career, that at that period in the late 1990s, when there was the opportunity to implement the AV system, he did not help to seize that opportunity. I believe that we must not let the opportunity of some form of electoral reform go away again.

The Electoral Reform Society, which was formerly known as the Proportional Representation Society, campaigned for PR for more than 100 years. It is urging rejection of these amendments in order to get some progress and to give voters some say on the issue as opposed to none at all. The alternative vote system may not be perfect, but it gives more power to the voter. It would mean, for example, that MPs who considered themselves unfairly deselected by their party could stand again without fear of splitting their party vote, thus giving more power to the voter. It would have meant, for example, that supporters of the noble Lord, Lord Owen, could have stood against the party that became the Liberal Democrats and avoided the split in votes that damaged his cause and split the vote of what had been the alliance in the 1980s. For these reasons, I would say that AV is at least a much more attractive proposition than first past the post, to say nothing of the greater power that it gives to the voter.

[Lord McAvoy]

I have listened very carefully to the lucid contributions of my noble friend Lord Lipsey and the noble Lord, Lord Rennard, and I totally accept the sincerity of their points of view on their particular systems, but having heard the various explanations and all the rest of it I started to get a headache. Will the noble Lord care to comment on the fact that I served for 28 years as an elected representative and I do not recall a single occasion, at a public meeting or a surgery, on which the issue of so-called electoral reform, proportional representation or whatever name anyone cares to give it was raised? Surely, we are supposed to reflect the public. Where is the public demand for this?

[Lord Rennard]

There are many places in this country with very safe seats, where issues of electoral reform are rarely debated. I accept that people are far more interested in outcomes than they are in processes, but I believe the process by which MPs are chosen is rather important in determining the outcomes. In your Lordships’ House, reference has constantly been made during these debates to the words of the Deputy Prime Minister considering the alternative vote system. Shall we just deal with those words for a moment? The first point is that the alternative vote system that he is now advocating is a compromise. Yes, it is a compromise. If no one party wins a general election, there is a need for compromise. I believe that many people in this country think that compromising is sometimes a good principle, not a bad one.

[Lord Campbell-Savours]

Compromises have to be settled, and the actual words of the Deputy Prime Minister were:

“I am not going to settle for a miserable little compromise thrashed out by the Labour Party”.

But he did settle on that very compromise.

[Lord Rennard]

My Lords, I thought that we had a very good compromise in 1997 agreed with the party of the noble Lord opposite but, after 13 years, that compromise was never delivered. I was quoting the Deputy Prime Minister rather more fully; I was going to talk about the word “little”, which he used. I believe that it is a little change, which preserves the single-Member constituencies, which Members in other parties hold very dearly. I happen not to. But since it preserves the single-Member constituency principle, I believe that it is a little change that will bring greater benefit.

There is also, of course, the word “miserable”. The only thing that would make me really miserable—and I say this in all sincerity to noble Lords who supported Amendment 16—would be if we failed to give people their say and made progress on a form of voting system that was effectively designed for the political circumstances in 1872, when Gladstone brought in the Secret Ballot Act.

[Lord Grocott]

Will the noble Lord clear up one crucial issue for me, at least, and I hope for the House, about the Liberal Democrats’ approach to this referendum? They constantly refer to it as a compromise—and whether it is miserable or not is for others to decide—while several are on record as saying that it is a step in the right direction. If there is a referendum next May and the result is in favour of the alternative vote, although I hope it is not, for how long do the Liberal Democrats consider that decision to be binding?

[Lord Rennard]

My own view is that since Gladstone introduced the current system in 1872 in the Secret Ballot Act, for 138 years noble Lords and Members in another place decided that that system was perfectly good without revision and without letting people have their say. It is a good precedent to let people have their say, and we will wait to see when there is public demand again to have any further say. But for 138 years we have kept the same system. One hundred years ago, a Royal Commission recommended the adoption of the alternative vote, and 93 years ago, a Speakers Conference recommended the use of preference voting. Seventy-nine years ago, the other place voted for the adoption of the alternative vote, which was blocked on five occasions by your Lordships’ House. It is 36 years since a minority Conservative Government offered another Speakers Conference on electoral reform and it is 13 years since a Labour Government with a large majority had a manifesto promise and were elected on the basis that there would be a referendum on the issue of proportional representation. So it is a significant achievement for all those committed to electoral reform that twice this year in the House of Commons, with different Governments in place, there have been substantial majorities for a referendum to be held on the alternative vote. I want to see progress on this issue and hope that we will not give Members in another place a further opportunity to deny the voters their say on this issue and leave us back where we were in 1872.

[Lord Campbell-Savours]

Why does not the noble Lord be more honest—although I am not accusing him of being dishonest, he could be more honest—about where we stand who are in favour of electoral reform? Is not the reality that this is simply the first building block and that, once we have changed the system to a single-Member constituency arrangement, it will then go on to the next stage and ask for more? Is not that what is actually being said? I openly admit it; that is why I am arguing about the building block. I am saying that the preferential system being selected by the Government is the wrong building block on which to build the later stages. I wish noble Lords on the Liberal Democrat Benches would be more open and honest about that.

[Lord Rennard]

My Lords, I think that I have been remarkably open and honest all the time I have been in this House speaking on these issues. The noble Lord’s argument suggests that perhaps until the 25th century we should keep the political system exactly as it is and ignore centuries of progress. I do not think that that would be fair or democratic. Perhaps we should say that, given that 2,000 years ago in Athens people all turned up to vote on issues, we should have that sort of system now. I am not arguing that my system or my preference should be imposed on the British people. I am simply arguing that the British people themselves should have the democratic right to say for themselves how their representatives should be chosen. I do not understand how people who consider themselves democrats can resist that fundamental democratic principle.

[Lord McFall of Alcluith]

Does the noble Lord view the referendum as an event or a process?

[Lord Rennard]

All electoral processes and all elections are constant processes. However, if we kept things as simple as they were in 1872, it would be quite inappropriate. We no longer have a two-party system, as we had then, and which perhaps we had in 1950 or 1951. We are talking in these debates about respect for Scotland and Wales, and the same noble Lords who say that we should respect those countries, where there are four-party systems, at least, in operation, are still trying to perpetuate a voting system only appropriate to two parties. That does not respect people who support other options and, in particular, the people of Scotland, Wales and Northern Ireland.

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[Lord Foulkes of Cumnock]

I will come to that later.

What the noble Lord supports and has been arguing for—and he argues so powerfully—is a system that is favourable to the Liberal Democrat Party. He is looking after his own party’s interests.

[Lord Rennard]

Will the noble Lord accept that perhaps his support of first past the post might be based on the fact that it helps the Labour Party?

[Lord Foulkes of Cumnock]

I am coming to that in a moment. I am perfectly honest about it and I want the noble Lord to be honest about it. He is pushing that system because manifestly it helps his party. He accepts the alternative vote as a compromise but he really wants the single transferrable vote. He is moving towards that and sees this referendum and this system as the thin end of the wedge.