Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015

Lord Stephen Excerpts

Thursday 26th February 2015 Lords Chamber

[Lord Stephen (LD)]

My Lords, it seems to me that at times in this debate we have drifted some distance from the core issue of the Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015. What we have here today is quite a narrow technical measure that focuses on the change that will potentially be introduced to give votes to 16 and 17 year-olds in Scottish Parliament elections and in Scottish local government elections. As I understand it, all the parties in this Chamber, in the House of Commons and in Scotland support that move. Therefore, this is about practical, simple and straightforward politics.

Frankly, I do not care how many times the Government have changed their position from one document or from one day to the next. Sometimes in this House we very much welcome a change of position from the Government as long as they get to a good position, and surely that is the core issue here. I think that on this they have reached a practical, sensible, progressive and positive way forward. To be frank, having read the document, I am no great fan of supermajorities. I do not know how many other noble Lords recall that my noble friend Lord Forsyth spoke out against supermajorities. A supermajority is not something that I particularly wish to see. As I understand it, it was agreed as a compromise as part of the tough negotiations under the Smith commission that the Labour Party, as well as the other parties, was very much involved with. The other parties were not necessarily pushing for that supermajority. Regardless of that, let us come back to the issue. This is a simple, straightforward—

[Lord Forsyth of Drumlean]

I am not sure whether the noble Lord is speaking for himself or for the Liberal party, but when he says that he is not that keen on supermajorities—a view that I share—does he think that that should apply to the other things, other than the franchise, which at the moment, according to the Government, would be covered by a supermajority?

[Lord Stephen]

I am simply explaining my personal position, which is that of being sceptical about the need for supermajorities. However, they are not unique and if, as part of achieving consensus on the way forward on some of these issues, that was the position adopted by Smith, I could understand the background and the reasons for it.

Coming back to the issue in hand today, I think that this is a much more straightforward measure than we have reflected in our debate. The danger is that it will look as though we are dragging our heels and that we are a bunch of elderly dinosaurs who really do not want this to happen. That is a real concern. The debate is one thing but the suggestion in the headlines in the press that it will lead to, and in the political discussion in Scotland, will be that 16 and 17 year-olds do not have—what was the phrase used earlier?—“intellectual maturity”. Sometimes you could debate whether 30 year-olds, 50 year-olds or 70, 80 or 90 year-olds have intellectual maturity. I hope that that is a debate that we will never have, and I hope it is not an issue that we will focus on in terms of extending the franchise to 16 and 17 year-olds. Some of them have incredible intellectual maturity and a real interest in political issues. I say to my noble friend Lord Forsyth that I think they could make very good local councillors or Members of the Scottish Parliament.

I recall that when I was elected at the age of 22 I was the youngest councillor in Scotland. That felt very young at the time. You could be 18 when you voted but under the then Conservative Administration you had to be 21 before you could stand. I stood and was elected. I always used to argue that it would be very bad if all parliamentarians were 21 or 22 years old but that it was very good that some of them were young people, and I would argue the same today. I would argue to extend the franchise to 16 and 17 year-olds because I think that if you can get married and have children, join the Armed Forces and pay taxes, you should be entitled to a vote. It is a simple, practical and straightforward measure, and it represents constitutional change. I support the idea of a constitutional convention. Constitutional change in this country can be difficult to achieve, so I say, “Grab it when you can and build on it”. I think that we will build on it and that votes for 16 and 17 year-olds will come for all the rest of the United Kingdom in all elections.

However, it is not uncommon to have a different franchise for different elections. We have it already with EU elections compared with local government elections, UK elections and Scottish Parliament or Assembly elections. Different people have a different entitlement to be on the register. It is a different situation from that of age but it is a different register and a different entitlement. Similarly, in Scotland I would argue that far more important than a move to introduce votes for 16 and 17 year-olds was the move by the Scottish Parliament to introduce fair votes by introducing proportional representation for local government. That change was never introduced in the rest of the UK, although I hope that one day it will be. However, that is the sort of progressive constitutional change that I and my Liberal Democrat colleagues want to see right across the United Kingdom.

So let us vote for change. Let us try to implement change, making it coherent, well thought out constitutional change that is not piecemeal. Sadly, my experience of politics in this country is that change tends to be far too piecemeal, and it often tends to be long delayed and not very progressive.

[Lord Kilclooney (CB)]

When I was a Minister in Northern Ireland, in 1973 I introduced proportional representation in the reform of local government there, and I am glad that Scotland has followed our example.

[Lord Stephen]

I am conscious that the noble Lord, Lord Reid of Cardowan, also wants to come in.

[Lord Reid of Cardowan]

I am grateful to the noble Lord. Lest he unwittingly feeds the very headlines that he seems to fear so much, I want to make plain the burden of those of us who have questioned the measure today—and questioned it in terms of asking for an explanation, which is the essence of accountability. We were not saying that 16 and 17 year-olds lack the capacity or the maturity to vote; we were saying that it was a gross inconsistency to provide those people with the ability to vote for the future of a country but to exclude them from the ambit of intelligence when it came to buying cigarettes or driving. We said that it was incoherent to give them the vote in one part of this country but to deny them the franchise in other parts of the country. In other words, far from arguing that 16 and 17 year-olds were not capable, we questioned why they were capable of this—which many of us, including me, support—but not given access to the many other things that they are capable of doing. I hope that that undermines any anticipatory headlines. Finally, we should not be making policy on the basis of what we think the tabloids will write tomorrow.

[Lord Stephen]

I am not suggesting that we do. I have supported this measure since becoming a councillor at the age of 22. I have taken part in many debates on the issue and have heard many people challenge the position for the reason mentioned in today’s debate—that of intellectual maturity. It is a charge that I would like to rebut. The number of young people who were involved in the referendum debate in a constructive and positive way—not all of whom by any means supported Scottish independence—and who took a very mature, well thought out and well researched view on the matter underscored the importance of this issue. It also underscored why most Peers today, I hope, support this extension of the franchise. To make it consistent, it should be an extension across the UK, and the sooner that can happen, the better.

[Lord Forsyth of Drumlean]

The noble Lord has characterised us as being opposed to votes for 16 year-olds. For myself, I think that the genie is out of the bottle. We will need to have votes for 16 year-olds throughout the United Kingdom, and I would expect the coalition Government to come forward with proposals to that effect, having had a proper consultation period and having considered what the age of majority should be. The noble Lord has been very eloquent but can he deal with this point? It is not a unionist position to do this on a piecemeal basis. Also, if he is right about 16 year-olds, as I am sure he is, what on earth are we doing stopping them buying a packet of cigarettes or buying a drink?

[Lord Stephen]

I agree that there is great logic in the argument that has already been put forward in the exchange with my noble friend Lord Purvis about the age of consent, the age for voting, the age for driving, the age for marrying and the age for watching a film with an 18 certificate. We should be reviewing these things, but I am making a practical point. There is a strong argument for much greater consistency and I firmly believe that today’s measure can be part of driving that argument forward and can be the beginning of further change for the rest of the UK. That is why I think that today’s moves are very important. It is almost as if we have flushed out the position of some noble Lords that they do, in fact, support the extension of the franchise to the age of 16, and I warmly welcome that. As Peers and as politicians, we should spend more time engaging with young people, encouraging them and being positive about them. Too often in politics we tend to demonise young people and do them down, and that is a concern of mine.

I finish by paying tribute to Lord Mackie of Benshie, who, sadly, passed away last week. He had an incredible war record. Without people like him, the democracy that we have today simply would not exist. He had an incredible track record both in the House of Commons and in this House. My recollection of him is as a mentor. I got involved in politics at a very young age. I was 22 when I was first elected to the council, and very quickly after that I got involved in campaigning with Lord Mackie of Benshie, who was the president of the Scottish Liberal Party. He was a big influence in my life. I have no idea what his views on these issues would be and I do not pretend to set down his opinion, but I am sure he would be delighted that we are debating this issue and trying to engage more young people in politics, because that is what he did with me. He was very much a mentor, a counsellor and somebody who inspired my place in politics; and each of us can have that role for other young people. The tenor of the debate that we have on these issues is very important. That is why I believe that this Motion should go forward for approval.

[Lord Lexden]

My Lords, I have listened with tremendous interest to this debate and with the utmost appreciation for the wonderful exposition of the unionist case from my noble friend Lord Forsyth. One point above all has been borne in upon me: the absolute need for a consistent voting age throughout our country. It is a question of deep principle. Surely that is what we need to settle. Against that background, would it not be appropriate for the Government to withdraw this order, to secure—although, of course, it cannot come immediately—a proper parliamentary decision on the voting age? That should surely come first. That point will stay with me above all from this tremendously enjoyable and important debate.