Parliamentary Voting System and Constituencies Bill

Lord Snape Excerpts

Wednesday 15th December 2010 Lords Chamber

[Lord Campbell-Savours]

I am sorry about that. What is the process within the department? The noble Lord will take back the proposal made by my noble and learned friend on the Front Bench. Are there additional consultations within each party and within each element of the coalition about an amendment that might be further considered; or is it simply dealt with in the private office? I am trying to understand to what extent each element within the coalition will be drawn into discussion on the acceptability of any amendment which the Minister might be prepared to consider.

[Lord Snape]

Perhaps I may detain the Minister and the House for just a couple of minutes on the clause stand part debate. I hope that we can continue in the spirit that the Minister extended in his response to my noble and learned friend on the Front Bench. Does he agree that this debate illustrates the problems of holding the referendum on the same day as the other elections? It is inevitable that one matter will spill over into another. As my noble friend Lord Grocott reminded your Lordships a few moments ago, those of us old enough to have participated in the 1975 referendum campaign well understand the bewilderment expressed by people, who were not necessarily politically involved or that concerned about the result of the referendum, at the way these arguments crossed party boundaries. Indeed, I hope that the noble Lord, Lord McNally, will accept that it would be impossible completely to restrict expenditure in the way that the previous amendment, so ably moved by my noble and learned friend, tried to do.

I hope that he will look carefully at that amendment. Again, in the spirit in which this debate has been conducted today, I hope that he will see the sheer difficulty, if not impossibility, of doing all these things on the same day. I hope that, even at this late stage, the Government will reflect on this. I am seeking to help out his party. I do not know how to support AV. I am firmly in the first past the post camp. However, from his own party’s point of view, it is inevitable, given the economic situation and the actions of Her Majesty’s Government—I will not go into them here—that there will be some degree of unpopularity for the Liberal Democrats. That will spread over into the whole debate about the electoral system that we are to adopt, and I am quite relaxed about that.

I have a great deal of affection for the noble Lord. After all, he used to represent my home town—with a different political interest, of course, but let us put that to one side. If we are to have a sensible referendum and a sensible debate about the matters that we should be discussing, rather than the ins and outs of economic or coalition policy, then the noble Lord should look carefully at the amendment. I know that he has promised to do so but perhaps he could go a little further and adopt the very sensible suggestion made by my noble and learned friend.

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[Lord McNally]

Absolutely clean. The problem about this, and the reason we are having such difficulty in convincing the Benches opposite, is that our whole aim is to get fair votes on the basis of fair constituencies, which obviously discomforts them.

[Lord Snape]

Can the Minister be more specific? He has called upon, so he says, the best brains in the Liberal Democrat Party to assist him in these matters—and I am sure that they will be joined by the best brains in the Conservative Party, the Civil Service and everyone else—but can he give an inkling as to how those best brains will be able to differentiate between the expenditure on local and regional elections and referendums? It is a simple question. Just give us a clue.

[Lord McNally]

I suggest that the noble Lord looks at the 2000 Act. The schedules are mostly based on existing law. Elections were conducted like this before so perhaps he should find some experts in the Labour Party to help him with his problem. I do not see the problem that he is raising—or the problem that I suspect the noble Lord, Lord Foulkes, is about to raise.

[Lord Snape]

Regrettably the Labour Party is not in government; he and his colleagues are. It is a simple question and it is no good referring back to the 2000 Act. As far as I am aware, elections have not been held on the same day as a referendum—ever—in the United Kingdom. The noble Lord referred to the London elections, the assembly and the mayoral elections, but this is a completely different situation, with regional and local elections and a national referendum about the voting system being held on the same day. Can he quote a precedent for this—or at least give us some idea of how the Government are going to tackle the problem of limiting expenditure in these circumstances? So far he has failed to do so.

[Lord McNally]

I may have failed to convince the noble Lord, but we are going to do so on the basis of existing legislation and the provisions of this Bill.

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[Lord McNally]

I have taken all those points in. Fortunately—and to my great pride—I do not remember some of the minutiae of the various campaigns in the same detail as my noble friend Lord Rennard. The Opposition can raise all kinds of hobgoblins and things that keep them awake at night but the truth is, as my noble friend has just reminded us, that the PPERA has worked well. The provisions in this Bill are tried and tested. I do not object to this legislation having thorough examination. As I have said, we are willing to spend as long as the Opposition want on this matter. In fact, we might have a few late nights to see if we can focus our minds on it. For the moment we are confident that we have the legislation in place. I ask the noble Lord to withdraw his amendment and for Clause 6 to stand part of the Bill.

[Lord Snape]

Whether the noble Lord, Lord Lamont, is tempted to do so or not, I come to the assistance of the noble Lord, Lord McNally, on this matter. All three major parties have had difficulties over the years with donations. I am not talking about the trade unions, on which there was a rather irrelevant intervention. I do not know where the noble Lord who mentioned them has been for the past 30 years. Various pieces of legislation—still in force—were passed by Conservative Governments to stop trade unions passing any money on to any political party without the permission of the party membership, which is not something that applies anywhere else.

To return to the amendment, all the parties have had these problems, including the Liberal party. After all, their biggest donor at the last election subsequently went to prison. I do not make that point in any political sense; I know the Liberal party had no idea that the donation came from someone who turned out to be fraudster. The noble and learned Lord, Lord Mackay of Clashfern, said that legislation already exists to take care of political donations and it will do so as far as the referendum is concerned. However, I have just illustrated the weakness of that legislation. The reason for legislation being toughened up over the years is that it is apparent that people evade it. If I might speak for the noble Lord, Lord Lamont, his point—and one made in interventions by my noble friends—is that the present legislation is palpably inadequate and we should all concede that. If we are to have this referendum, particularly on the same day as other elections, that legislation ought at least to be looked at. I hope that is helpful to the noble Lord, Lord McNally. I am not sure what is on that piece of paper, which he looked at carefully, other than perhaps, “Maybe we don’t agree with you either and you’re on your own”.

[Lord Lamont of Lerwick]

I apologise for intervening before my noble friend speaks; I do not want to encourage anything that would prolong this debate. However, he says that the laws governing referendums have worked very well and have been in existence for 10 years. Yes, they have been in existence for 10 years but, as the noble Lord, Lord Rennard, pointed out, there has been only one referendum—a very local referendum about whether there should be a north-east assembly. I do not know what the expenditure on that referendum was but I dare say that an upper cap of £5 million was not a great problem. When the Minister says that it is tried and tested, it absolutely is not. It was tried in the north-east and that is all.

There is the problem, which the noble and learned Lord, Lord Falconer, reminded me that I raised a decade ago and which I have alighted on again, of groups splitting up. How do you ensure that a so-called independent group is not related to the designated group? This is a real problem. As the Minister pointed out, my worry is not about rich people intervening. I always remember that it was the millionaire Engels who subsidised Karl Marx. I am surprised that the other side of the House is not more in favour of rich people. My fear is just that these limits will be completely meaningless because so many organisations will claim that they are independent. I do not wish to name the different organisations that favour changing the voting system but there are a lot of them.

I asked the Minister how you distinguish between the money that those organisations spend day by day now, before the campaign begins, and the money that they will spend during the campaign. What will be defined as a campaign contribution? The Minister can say that we have legislation to cover this but it has not been tried on any significant scale. If he cannot give some guidance today, perhaps he could answer these questions on another day of the Committee or at a different stage of the Bill. They are genuinely of concern, or they certainly are to me.

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[Lord McNally]

It was not forensically identified. It was suggested that there are ill-defined millionaires wandering around with ill-defined amounts of money. We believe that this legislation is robust and transparent enough to deal with those matters. If it helps, I will at some later stage—and I have already demonstrated that I have absolute faith in my advisers—take the—

[Lord Snape]

What did the advice say?

[Lord McNally]

It says, “Be rude to Snape, it always wins the House over”.

[Lord Snape]

Then I can only congratulate the noble Lord on the quality of his advice.

[Lord McNally]

And this one says, “Have a go at Rooker, while you are at it”. I will take away this issue of the roving multi-millionaire splitting up his money. If I was related to him, I would want him sectioned before he spent the family fortune. In the mean time, I again ask the noble and learned Lord to withdraw his amendment, and I ask the House to adopt Clause 6 in due course.