Parliamentary Voting System and Constituencies Bill

Lord Strathclyde Excerpts

Wednesday 16th February 2011 Lords Chamber

Moved by

[Lord Strathclyde]

That this House do not further insist on its Amendments 1 and 8, in respect of which the Commons have insisted on their disagreement, and do agree with the Commons in their Amendment 8C in lieu:

Page 20, line 3, at end insert—“(3) Following the referendum, the Electoral Commission must—(a) publish the most accurate estimate that it is reasonably possible to make of the turnout in each of England, Wales, Scotland and Northern Ireland;
(b) include that information in any report they submit under section 6(1)(b) of the 2000 Act to do with the referendum.
(4) In sub-paragraph (3) “turnout” means the percentage of those entitled to vote in the referendum who did so.A ballot paper recorded under head (b), (c) or (d) of rule 42(4) of the referendum rules is to be treated as a vote for this purpose.”

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, this body—and my body—is not built for marathons, yet here we find ourselves still debating and scrutinising this Bill. Those veterans of the Bill will know that, like a great relay race, this is the hour of the night when the baton is passed to me. It has been a remarkable journey. From November when we set out until now, four months on, we have certainly put in an immense amount of time on this legislation: a marathon 17 days with over 110 hours of Committee and, overall, nearly 100 hours more than the other place to consider this Bill. It is obvious how passionately many noble Lords genuinely feel about the matters before us—issues which go to the very heart of our constitution.

However, I believe it is time to take a step back and to look carefully at the situation before us. This is a constitutional question in more than one way. The final amendment at issue between the two Houses of Parliament is about the voting system used to elect Members of the other place, which is fundamental to our democracy. It has also been about how constituencies have been drawn, but we have now concluded that debate. However, there is another constitutional dimension to our debates: about the role of this House and the other place, our respective responsibilities and the different roles that we play within our constitutional settlement.

There are important arguments of principle both for and against thresholds. We heard them powerfully articulated earlier today, on both sides, and articulated with sincerity. Yet at its simplest, the Government’s contention is this: we have consistently and clearly said that the people of this country should have their say, knowing that their vote in the referendum will count—no ifs, no buts and no artificial hurdles. At best, a turnout threshold rewards apathy; at worst, it encourages it.

This is about the people casting their vote, fair and square and with no conditions attached. This is not about Parliament setting a condition for the validity of the people’s vote. There were no thresholds in the 1997 referendums on devolution to Scotland and Wales, despite the fact that they also would have had the effect of introducing new voting systems without that even being explicit in the question. At that time, neither the Government nor indeed this House considered that a threshold was necessary, as we do not consider one to be necessary now.

However, as I said in beginning my remarks, there is another constitutional issue before the House tonight. I have been clear, at every stage of this debate on the Bill, that I fully accept and understand the points made earlier by noble Lords, that this House should have its say on the issues before us. Not only do I understand it, I passionately believe it. This House exists to scrutinise and amend legislation, and to ask the other place to think again. However, a time must come when this House should respect the will of the elected Chamber.

I also heed the points made so powerfully in this afternoon’s debate by the noble and learned Lord, Lord Lloyd of Berwick.

[Noble Lords]

Oh!

[Lord Strathclyde]

My Lords, I am glad noble Lords opposite listened so carefully to what the noble and learned Lord said. This is about how representatives are elected to the House of Commons. The elected House has spoken three times on this issue: once on the question of a threshold and twice on whether to incorporate the specific amendment moved by the noble Lord, Lord Rooker. In each case the other place has spoken clearly. It has heard the arguments made in this House and it has given its response. I respectfully submit that we have asked the other place to think again not just once but twice, and we have heard its emphatic answer. After due consideration, further debate and an increased majority in another place, we have done our duty and we should let the Bill pass. I urge the House to agree to the Commons amendment. I beg to move.

Amendment A1 to Motion A

Moved by

--- Later in debate ---

[Lord Strathclyde]

My Lords, the noble Lord, Lord Rooker, in what I thought was an uncharacteristically spiky speech, admonished me and, through me, the Government for not offering any change or making any concessions. As he was speaking, I thought that I would write down a few. There was the substantial concession on the Isle of Wight—

[Noble Lords]

Oh!

[Lord Strathclyde]

There was the substantial concession on the Isle of Wight at the request of noble Lords opposite, the substantial concession on public hearings at the request of noble Lords opposite, and—most cheekily and unusually from the noble Lord, Lord Rooker—his amendment on delaying the referendum and providing an opportunity for it to take place at any stage between 5 May and 31 October this year was accepted. Indeed, we helped the noble Lord to rewrite his amendment so that it would work. Let us hear no more talk about this Government not making concessions.

We have had nine referendums in the past 40 years. Only the 1979 referendums had thresholds, and those were imposed by Back-Benchers in another place in order to thwart the possibility of devolution being implemented. They were successful in their intention and, as I have noted before, that has been a source of much resentment. There were no thresholds in the 1997 referendums on devolution, as I said earlier; nor have there been any other thresholds in any of the other referendums that have taken place in the past 13 years.

[Lord Forsyth of Drumlean]

Will my noble friend please address the point made by the noble Lord, Lord Rooker, that this referendum is quite different from any other because it is binding? The effect of his amendment will simply be to give the referendum the same status as every previous referendum in so far as the Commons is able to consider it and reach a conclusion. Will he address that argument, because it has not been addressed in either House so far?

[Lord Strathclyde]

My Lords, the referendum taking place in Wales on 3 March, on which there is no threshold and for which no threshold was requested, is for a poll which is binding on this Parliament. I know that noble Lords will say, as my noble friend and others have, that this is a binding referendum, so let me be entirely clear about my answer. Referendums are a constitutional device; they are rarely used but they are used occasionally to ask the people their view on a specific issue. I believe that it would not be right to offer the people a referendum where Parliament has explicitly laid out what the effects of that referendum would be and yet say that we might not give them what they vote for. A threshold, even in the more nuanced form proposed by the noble Lord, Lord Rooker, is unnecessary and, we believe, wrong.

[Lord Rooker]

My Lords, I shall not detain the House. I shall certainly not comment on that excuse about the concessions. That was not in the context of the two offers from that Dispatch Box about the defeats that the Government have suffered. It was not said in that context. It was about wholly different subjects, none of which has materialised. I think we have heard enough and people have been delayed long enough on this last day before the Recess. I beg to test the opinion of the House.