Parliamentary Voting System and Constituencies Bill

Lord Rennard Excerpts

Wednesday 15th December 2010 Lords Chamber

[Lord Lamont of Lerwick]

Will the Minister comment, at least for my benefit, on one aspect of what the noble and learned Lord, Lord Falconer, said? How will the Electoral Commission distinguish between the designated lead organisation and other organisations and decide whether they are truly independent of it? My noble and learned friend Lord Mackay was quite right to remind us that the rules in the PPERA were set down for referenda. None the less, all sorts of problems come with these rules. That is the point that some people on the other side were genuinely making, and that I was making when I intervened earlier. In many ways, these rules are inappropriate.

I am particularly worried about how you identify the designated lead organisation. The very fact that there is a body in this country that actually decides that there is a permitted lead organisation in a campaign makes me quite nervous. It gets rather close to the situation recently when the United States Supreme Court overthrew many of the rules relating to campaign contributions because they were interfering with the freedom of individual citizens to spend their money and support causes they wanted. I can hardly remember what I said a decade ago, despite the noble and learned Lord, Lord Falconer, reminding me, but one of the points that I raised then was the interference, as I saw it, in certain basic freedoms: that a government organisation will decide who the lead organisation is, and that other organisations will be subject to this or that control.

These rules, frankly, made me very uneasy at the time, and I remain uneasy. Will my noble friend tell me how he envisages that the Electoral Commission will distinguish between expenditure of the lead organisation and whether another organisation is genuinely independent or not? Some of these organisations are very interconnected.

[Lord Rennard]

On a point of clarification, does the noble Lord accept that the Electoral Commission is absolutely not a government organisation, that it is independent from government and can therefore do something that perhaps a Government cannot do?

[Lord Lamont of Lerwick]

Of course it is independent. That is how it was set up. I intervened earlier with a comment about the Electoral Commission that I was rather nervous about making, and I hesitated to make the comments directly; in some of the evidence presented to the Constitution Committee by at least one academic, the independence of the Electoral Commission on this issue of electoral reform was brought up. I am not saying I agree with that, but it was brought up—it was mentioned in a submission to the Constitution Committee by a well respected academic. When bodies exist on a permanent basis, such as the Electoral Reform Society, what constitutes routine non-campaign expenditure for them and what has to count as an item of spending in the campaign? At what point does academic and educational activity become a form of campaigning covered by the PPERA? I am afraid that these rules are full of holes and really quite impractical.

--- Later in debate ---

[Lord Rennard]

Does the Minister agree that the referendums for setting up the Scottish Parliament and the Welsh Assembly were conducted within five months of the general election in 1997 and that no such problems occurred during the course of those campaigns? Furthermore, since the Political Parties, Election and Referendums Act 2000 has been in place, we conducted the referendum for the north-east regional assembly, again without any of these problems occurring. Noble Lords in the party opposite introduced these rules in 2000. They have survived to 2010 without there being any attempt to change them. The evidence of the north-east regional assembly referendum campaign is that no such problems arose.

[Baroness Liddell of Coatdyke]

Will the noble Lord also take into account the fact that a general election was not held on the same day?

--- Later in debate ---

[Lord Lamont of Lerwick]

But does the Minister remember that the leaflet that was published had a map of the United Kingdom on the front that left Orkney and Shetland off, which were the only areas to vote against continuing our membership of the EEC?

[Lord Rennard]

My Lords, could I invite the Minister and other noble Lords to confine their arguments more to Amendment 39B, which deals with civil sanctions, and perhaps make other arguments when we are dealing with other relevant parts of the Bill?

[Lord McNally]

I am only glad that my noble and learned friend Lord Wallace was not here to hear of that dreadful omission from the 1975 leaflet.

--- Later in debate ---

[Lord Rennard]

I wonder whether the noble Lord is trying to make it difficult for the referendum to be held on 5 May, in contrast to the noble Lord, Lord Rooker, who said specifically that he was arguing in his amendment that the referendum could be held on 5 May or at a later date if that was more convenient. Is the position of the noble Lord, Lord Rooker, not wholly different from that advanced by the noble Lord, Lord Grocott, who is trying to make it difficult to have the referendum on the day that the other place has voted for it to be held on?

[Lord McAvoy]

I do not want to raise the temperature again, but nevertheless this point has to be made: does that intervention from the noble Lord, Lord Rennard, not indicate clearly that there is no filibustering going on, there is no organisation and what is happening here is genuine scrutiny?

--- Later in debate ---

[Lord Rennard]

In terms of simplicity for the counting areas, does the noble and learned Lord not accept that in Scotland the proposal of the noble Lord, Lord Grocott, would make things rather more complicated? His amendment suggests that the voting areas should be based on Westminster parliamentary constituencies. If the referendum is held on 5 May next year, as is envisaged as a possibility even under the amendments of the noble Lord, Lord Rooker, and if you are counting the votes on the basis of Scottish parliamentary constituencies rather than on the quite different boundaries of the Westminster parliamentary constituencies, it is impractical to have one set of counting areas for the referendum and a different set for the elections to Scottish parliamentary constituencies. Therefore, the reason for the amendment is to try to make it impossible, or at least very difficult, for the referendum to take place on 5 May, and is not in the interests of simplicity, as the noble and learned Lord suggests.

[Lord Falconer of Thoroton]

I take the point in relation to Scotland. That is probably the only place where one can see some logic in the proposals. However, one cannot see any logic in relation to the rest of the UK. Therefore, maybe the answer—and if the noble Lord were to make proposals on this I might support him—is for us to stick with the Scottish constituencies, but leave everything else to be done on the basis of Westminster constituencies. There needs to be some explanation for why this extraordinary procedure has been adopted.

In addition to the points about practicality, there are two others. First, we have to do this without the benefit of the Electoral Commission’s views, because, as the noble Lord, Lord Grocott, said, the commission has said that that would simply delay the referendum. Sadly, the commission has not given this House the benefit of its views on whether this proposal is more practical than the one in the Bill. Secondly, there is a real force in the argument which states that if we are talking about parliamentary constituencies and how they vote in the future, there is a logic and a force in saying, “Let’s see how individual parliamentary constituencies voted”, because, for the life of me, I cannot see the logic in saying, “We’ll disclose how a London borough or the whole of Northern Ireland voted, but we won’t tell you how individual constituencies voted”.