Lord Tyler
Main Page: Lord Tyler (Liberal Democrat - Life peer)Cities and Local Government Devolution Bill [HL]
Lord Tyler Excerpts
Lord Tyler (LD)
My Lords, I am grateful to the Minister—as I am sure are all noble Lords who have been following this very difficult process. It has been a difficult process from the outset because the Government have brought forward very substantial changes with these new clauses. I do not blame anybody for that. That is the way life is. It will be apparent from the noble Baroness’s long explanation that the concerns of the Delegated Powers and Regulatory Reform Committee are substantial—and she has answered them substantially. But she was very generous earlier in saying that, between now and Third Reading, she would think about some of the issues that have been raised.
I wonder whether the House shares my view that we are in some difficulty. I do not know how many Members who have been following these proceedings have been able to read the report in detail. It was available only yesterday afternoon. I wonder, therefore, whether there would be general agreement in the House—and perhaps the noble Baroness would also agree—to giving us a little more time to see how these two quite distinct views might be brought together. The unanimous decision of that well-respected committee was that there were concerns about these two clauses. The fact that the noble Baroness needed 12 or 13 minutes to explain what exactly was involved in the new clauses rather supports my view.
Rather than having a detailed debate, and since there are only a few days between now and Third Reading, I wonder whether she would agree to withdraw government Amendment 62 and the associated short Amendment 77, as well as Amendments 71 and 72, so that everybody can be sure that we are bringing together the important concerns of the Delegated Powers and Regulatory Reform Committee with the substantial answers that the Government would wish to give. It may be that, with a small tweak here and there, the concerns of the committee can be met. Then we should be a great deal more satisfied with the process and reassured that the House’s consideration of the Bill has been properly undertaken.
Baroness Eaton (Con)
Will the Minister confirm that if an area currently without a combined authority agrees a devolution deal that involves the creation of a combined authority, without Amendments 62 and 77 it could be at least a year, if not two, before any powers could begin to be devolved?
Lord Tyler
“Governance arrangements for local government: entitlement to vote
In section 2 of the Representation of the People Act 1983 (local government electors), in subsection (1)(d) for “18” substitute “16”.”
Lord Tyler
My Lords, I can be relatively brief, because the case for this amendment is very straightforward and has been rehearsed on all sides of your Lordships’ House with considerable support on many occasions.
The Liberal Democrats have been in favour of this extension of the franchise to 16 and 17 year-olds for many years. Indeed, I presented in your Lordships’ House Private Member’s Bills on the subject in the 2013-14 Session, the 2014-15 Session and the current Parliament. These have enjoyed widespread support across the House. I am especially grateful for consistent support from the noble Lord, Lord Lucas, on the Conservative Benches, the noble Lord, Lord Adonis, on the Labour Benches, and the noble Baroness, Lady Young of Hornsey, on the Cross Benches. Recently, we have enjoyed the very substantial support of the Labour Party, which now officially endorses the campaign. I am delighted to share this amendment with the noble Lord, Lord Kennedy.
Hitherto, our support for the extension of the franchise has been based on personal experience of the growing maturity of this age group, their increased responsibility and the acknowledged fact that their citizenship course should lead inexorably to voter registration as they become adult citizens and then to participation in the democratic process. There is good reason to think that young people are more likely to register to vote, and start a lifetime of actually voting, if they are still in the home environment. Once they leave, usually at about the age of 18 for further education of all sorts or employment, they become much more elusive. All the other distractions kick in and their involvement in the life of their home area weakens or ceases altogether. The 18-plus age group all too often disappear off the electoral scene, and once gone many never return.
We would be the first to admit that this used to be based on theory and subjective judgment. However, since September last year, we have had hard empirical evidence from Scotland of the readiness among young people to take on this vital civic function. The huge success of the extension of the vote to 16 and 17 year- olds in the referendum, as negotiated by my right honourable friend Michael Moore but agreed to by the whole coalition government Cabinet, was thought by some to be a step too far.
But consider the facts. First, there was a remarkable response in terms of registration—no signs of disinterest there. Secondly, the level of debate, as noted by all observers including Members of your Lordships’ House, was lively, intelligent and very well informed. Thirdly, the turnout on the day of the poll was excellent, with 75% casting their vote, which far outweighed that of the 18 to 24 year-old cohort, which managed only 54%. That demonstrates the point that I was making earlier. Fourthly, and contrary to the hopes of Mr Alex Salmond, the majority of those in that younger age group supported the Better Together case, displaying more maturity and resilience to the blandishments of the separatists than many of their elders—notably, middle-aged men. In summary, the new young voters proved themselves to be better informed, more conscientious and even more mature than many of their elders—they blew to smithereens all the misgivings and dire warnings of the doomsayers.
As a result, in the debates on the Wales Bill in your Lordships’ House last autumn, I successfully argued that a similar referendum in the Principality could not rationally and in justice exclude this age group. My understanding is that all parties in the Welsh Assembly have now decided to include them.
I will quote the views of the leaders of the parties in the Holyrood Parliament. Since the referendum in Scotland, that Parliament voted on 18 June this year to extend the franchise consistently both for the Scottish Parliament itself and for all local elections north of the border. All the parties, including the Conservatives, whose leader has been an enthusiast for this reform, voted unanimously for the change. That prominent Conservative, Ruth Davidson MSP, argued this persuasively in a recent interview in the Guardian:
“I’m happy to hold my hands up and say I changed my mind. I’m a fully paid-up member of the ‘votes at 16’ club now for every election. I thought 16- and 17-year-olds were fantastic during the referendum campaign. I can’t tell you the number of hustings and public meetings I did, and some of the younger members of the audience were the most informed. You know, there is nothing more terrifying for somebody up on the stage who is trotting off the latest IMF figures to have somebody in the front row with a smartphone googling your answers to make sure that you’ve got it exactly right. That happened, and that is terrifying, let me tell you”.
She spoke at a BBC event for youth voters and said, about that:
“There were eight and a half thousand kids there asking questions about the Barnett formula! It was phenomenal. It was truly, truly impressive”.
Then she was asked by the Guardian interviewer if she had told the Prime Minister that he is wrong about the franchise. She said:
“Absolutely, absolutely. I’ve spoken to the prime minister about it. He’s not convinced, but I continue to work on him”.
I hope there will be Members on the Government Benches this evening who will also be prepared to work on the Prime Minister to recognise the facts of life as demonstrated north of the border.
All parties in Holyrood have now, as I say, had direct experience of this extension of the franchise, this inclusion of this age group, and it is clearly both rational and right. At the end of my speech on this issue in Committee, I posed two simple questions for Members of your Lordships’ House who might still remain resistant to this logical change. I suggested that they ask themselves, first:
“What evidence have they that the young people in this specific age group in England and Wales are less mature, less responsible and less well informed than their compatriots in Scotland? Secondly, if this is truly a United Kingdom, how can they justify discrimination in such an absolutely crucial matter as the electoral franchise, which will exclude young people south of the border?”.—[Official Report, 29/6/15; col. 1918.]
The electoral register is surely the foundation stone of our representative democracy. We should not knowingly countenance variations of this order in different parts of the country. In the subsequent debate, and indeed in the days since, not one Member of your Lordships’ House has even attempted to answer those questions; nor has anyone else, to my knowledge. The half-hearted objection that this Bill is not the appropriate place to achieve this reform simply does not stand up to scrutiny. The Long Title of the Bill includes the following statement:
“to make provision about local authority governance; and for connected purposes”.
As the Public Bill Office correctly advised us, here it is, this amendment, on the Marshalled List. Nothing could be more relevant to local authority governance than the franchise on which its governors are elected. I beg to move.
The Earl of Listowel (CB)
My Lords, I oppose this amendment, but in doing so I must apologise to the House because I was slightly delayed at the start. We went through the previous grouping very quickly and, with the permission of the House, I would like to intervene at this point.
I opposed this move the last time that it was raised by the noble Lord, Lord Tyler, on the then Wales Bill. Immediately I learned that moves of this kind were in the Labour manifesto I sought to speak with Labour’s representative on youth. I feel very concerned about this matter although it is encouraging to hear what the noble Lord says about the experience in Scotland, and I look forward to studying the outcome. The aims are utterly laudable considering that young people in this country more and more will be carrying the burden of our pensions and of healthcare of the elderly. Listening to their voices is very important indeed, and of course we should always seek as far as possible to listen to the feelings and wishes of young people. The trouble is that, with respect, I do not think this is the right way to do it.
I am very interested in adolescents. I have worked with them and much of my life has been spent thinking about the issue of adolescence, speaking with professionals and reading the theoretical material around it. It is really important to think about adolescence in this context. “Adolescence” comes from the Latin root “to grow up”. It is a huge change in young people’s lives. One looks, for instance, at Anna Freud and her work in the 1960s on adolescence. She of course set up the Hampstead nurseries at the end of the Second World War to provide for children separated from their parents, and the Anna Freud Centre is named after her. She was a great expert in this area. She highlighted the fact that huge physical changes take place in adolescence, that huge sexual changes take place, and that issues around aggression and how young people manage aggression manifest themselves. It really seems unfair to ask so much of young people when they are going through all these changes. She also highlighted the way that one week they will be studious, perhaps—thoughtful, intellectual—and then the next week can go to the other extreme, to the opposite sort of behaviour. They of course also very much reject their parents as they go through adolescence and often take extremely opposite views from those of their parents.
These young people are going through a very interesting time, and of course they are rather suggestible, particularly with the use of the internet now. It is easy to access them, so politicians who wish to and are unscrupulous can quite easily manipulate these young people. We have seen the ease of manipulating such young people through the process of grooming young people for sexual exploitation and by Islamic State. These young people may manifest themselves as quite intellectual at times, but they change very suddenly to a different point of view. They are not very stable because of their growing period.
I feel very concerned about this, and I hope your Lordships will reject this amendment. I look forward to the House’s response.
Baroness Williams of Trafford
My Lords, Amendment 73 would have the effect of lowering the voting age for local government elections in England and Wales from 18 to 16. There is no doubt that the Scottish referendum debate was unique in the way that it engaged the public and secured the participation of 16 and 17 year- olds in a way that we have not seen before—I absolutely acknowledge that, as well as the other factors that may have engaged the people of Scotland.
It is clear that lowering the voting age to 16 for local elections in England and Wales is a major change to the fundamental building blocks of the country’s democracy. The starting point for making such change would seem to be that those democratically elected to represent the people of this country consider all the issues involved, seek the views of those they represent, and seek to recognise where public opinion stands on the issue and what would maintain confidence in ensuring that the elections are free and fair and give genuine voice to the people. They discuss the issues and, having carefully weighed the argument and recognised where consensus and opinion lie across the country, decide whether or not to make the change.
This should be the approach to deciding whether to make fundamental changes to our election systems. It is entirely consistent with this approach for the Scottish Parliament to decide the voting age for local government elections in Scotland, and there the Parliament has now decided to reduce the voting age to 16.
It is clearly right for Parliament to consider whether there should be a change to the franchise for local government elections in England. However, noble Lords may wish to reflect on whether it is appropriate that such a fundamental electoral change should be instigated in your Lordships’ House—an unelected Chamber—rather than in the other place. Whatever the quality of the many and varied discussions we have had today, we can all agree that, although the quality of our debate is high, we have necessarily not had the wide-ranging consideration which can happen only following a debate across the country and after hearing the views of many on the issue. In short, whatever merits there may be in making this change to the franchise for local elections, today is not the time and this Bill is not the vehicle.
As to its merit, noble Lords will know that the Government have no plans to lower the minimum voting age. In most democracies, including most of the EU member states, the voting age is also 18. In the EU, only Austria allows voting for 16 year-olds. The age of 18—not 16—is widely recognised as the age at which one becomes an adult and gains full citizenship rights. In 2014, the Select Committee which conducted an inquiry into lowering the voting age to 16 noted in its report that the available evidence suggests that the public are in general satisfied with the voting age as it is.
The noble Earl, Lord Listowel, spoke about the broader issue of the transition from childhood to adulthood, which deserves fuller consideration than as an adjunct to the Bill. He talked about the vulnerabilities, in many ways, of 16 and 17 year-olds to various external influences.
I shall refer to comments made by noble Lords in this House on that point. In the Legal Aid, Sentencing and Punishment of Offenders Bill 2012, the noble Lord, Lord Beecham, said:
“My Lords, given the time, happily this is a short amendment. The Police and Criminal Evidence Act 1984 established that people under the age of 17 years are to be treated as children and therefore have to be questioned or interviewed in the presence of an appropriate adult, but people of 17 years of age and up to 18 are not treated in the same way. The Government have dealt with what has been an anomaly about treating 17 year-olds as adults for the purposes of bail, and that has now been changed to lift the age to 18. It would seem to be consonant with that approach if the appropriate adult provision was also extended from 17 years of age to 18. This is a straightforward matter”.—[Official Report, 15/2/12; col. 882.]
During proceedings on the, Criminal Justice and Courts Act 2015, noble Lords opposite recognised that:
“Anyone who is the parent of a teenager or whose children were recently teenagers knows that at that age a person is on the cusp of adulthood. They are moving out of childhood and into adulthood. It is often a very difficult stage where young people appear to be very mature and yet at the same time they are childlike and vulnerable”.—[Official Report, 23/7/14; col. 1201.]
That was said by the noble Baroness, Lady Kennedy of The Shaws.
The noble Lord, Lord Tyler, talked about discriminating against 16 and 17 year-olds. Deciding whether or not to give the vote to 16 and 17 year-olds is not a question of removing some inappropriate discrimination; it is about what is appropriate for 16 and 17 year-olds, who are at the point of moving out of childhood and approaching adulthood. Many things are not appropriate for people at that point in their lives. They cannot marry without parental consent, as the noble Lord, Lord Kennedy, said; they are treated in special ways in various aspects of the criminal justice system; and they cannot join the Army without parental consent.
For the reasons I have set out we cannot support the amendment and I hope that the noble Lord will agree to withdraw it for two reasons only: first, this is not the Bill to decide a huge issue such as this; and, secondly, we are an unelected Chamber and it is not for us to propose a change in the franchise.
Lord Tyler
My Lords, the noble Baroness’s last remark has really irritated me because I have worked hard to prevent the views of the House being treated as not significant simply because, at the moment, we are unelected. I have worked hard to achieve some election. Indeed, if there had been slightly different circumstances in 2012, the previous Government’s Bill would have been sorting out this issue by now.
In the mean time, I am extremely grateful to colleagues on all sides of the House for the serious way in which they have approached this issue. I am particularly grateful to the noble Earl, Lord Listowel, because he went to the heart of the matter. I can reassure him that in Scotland this issue was treated seriously; the debate was very thoughtful, and when the Scottish Parliament came back after the referendum they recognised that young people had taken the issue seriously. Given his experience, I hope he will agree that it is a fact of life that if you give people responsibility they will become more responsible. Anyone in your Lordships’ House who thinks that suddenly we are going to be swamped with huge numbers of irresponsible, immature 16 and 17 year-olds who will swing elections should worry about older people. I am 73 and I do not pretend that I am always entirely logical on all issues.
Lord Cormack
The noble Lord believes very strongly in elections—he said that again a few moments ago. If this Bill had followed the normal course and had come to us from another place, and the other place had not inserted an amendment on votes for 16 year-olds, would he think it appropriate to do so?
Lord Tyler
I would. As the noble Lord constantly reminds us, we have a particular responsibility to think carefully about the way in which our constitution should operate. I entirely agree with what he said during his speech that what happened in Scotland is a precedent that is difficult to resist. I agree with him; I think that is absolutely true.
I say to the noble Lord, Lord Quirk, that it is precisely because we are in a position with this Bill to encourage the other place to think about it that the best way to do that is to pass the amendment. That is what Parliament is all about, a conversation between the two Houses.
I do not accept that the Bill is an inappropriate vehicle for thinking hard about the foundation stone of our democracy. As the noble Lord, Lord Heseltine, has said on many occasions throughout the Bill, this is an exciting moment in which to revive local democracy. What better way to do that than to explain to young people that the future of their local communities is at the centre of this proposal? As I said earlier, the Bill specifically refers to the governance of local authorities—and therefore this would be appropriate.
We have had an interesting debate but, at the end of it, no Member of your Lordships’ House has sought to answer the two questions that I posed in moving the amendment. I believe that the young people of England and Wales are just as mature, responsible, well informed and ready to take on some of the responsibilities of adult citizenship as the young people of Scotland. It has been proved in Scotland and all parties in Scotland have now accepted that it has been proved. It is time for us to catch up with them and demonstrate to the young people of England and Wales that we have confidence in them, too. Therefore I wish to test the opinion of the House.