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Lord Wallace of Saltaire
Main Page: Lord Wallace of Saltaire (Liberal Democrat - Life peer)Department Debates - View all Lord Wallace of Saltaire's debates with the Cabinet Office
(4 years, 5 months ago)
Lords ChamberMy Lords, I reiterate what we from these Benches have said about this Bill: we welcome a number of its proposals; we have reservations about specific aspects, on which we will put down amendments; but we disagree fundamentally with its assumptions about the nature of fairness, equal votes and democracy, about which the noble Lord, Lord Clark of Windermere, made a powerful speech.
I remind the House of the historical justification for the United Kingdom’s single-member first past the post electoral system—a system now retained by only a small remnant of democratic countries, most notably the United States. It was that each Member of Parliament represented a recognisable community—a borough or part of a shire: a coherent community with its own sense of history and continuity, as Edmund Burke wanted.
The Conservative proposal to squeeze variation in constituency sizes down to 5% was based on the belief that differences in size between constituencies systematically favoured the Labour Party. Arguably it may have done, 20 years ago. But, as my noble friend Lord Tyler demonstrated, there is no evidence that it does so today. The Conservative Party does not need to distort constituency boundaries like this to protect its partisan interests, weakening further the link between historic communities and parliamentary seats. Lose the link with communities and you destroy the rationale for first past the post.
The Government recognised that the sense of community with regard to boundaries matters enough to make exceptions for the Isle of Wight and now Anglesey—but why not Cornwall? Why not Devon and Somerset? Common sense would suggest that we should, and the Minister will recall that the Prime Minister loves appealing to common sense, against expert advice or against prejudice. Common sense would also suggest that, if the Government were really concerned with fairness and equal votes, they would propose a different voting system.
The Government’s justification for maintaining 650 MPs—the loss of MEPs increasing their workload—is very weak. The workload of English MPs has increased in large part because the importance of local government and of local councillors has decreased. If we wish to restore public trust in democracy, we should start by rebuilding local democracy and devolving more powers from Westminster. The strongest argument against reducing the number of MPs was that it would increase the Government’s influence over the Commons, as several speakers have said, but perhaps the expanding role of special advisers that the Government are now pushing through means that we now need fewer junior Ministers in any event.
Unless the Government retreat from their manifesto pledge on extending voting rights to long-term overseas citizens—as they have just retreated on the promise of a constitutional commission, as the Telegraph reports—we may expect another million or more names to be added to the register soon after the new boundaries have been drawn up. If they are distributed evenly across the UK, it would add some 1,500 voters or more per seat—but of course the overseas voters are much more likely to be concentrated in urban seats, perhaps up to 5,000 or 6,000 more in our major cities. That is a strong further argument for relaxing the 5% limit that the Government want to introduce, which we will want to discuss further in Committee.
The Bill is about the rules of democratic engagement in the UK. As with all discussions on constitutional rules, Governments should be careful to carry cross-party opinion with them and avoid too narrow and obvious a concern with partisan advantage. Ministers should always ask themselves: would I be happy if a Government of a different persuasion wanted to use executive powers in the way that we are doing? We will discuss that, for example, on the question of parliamentary approval for Boundary Commission proposals.
The Government’s withdrawal of their promise of a commission on the constitution in favour of “expert panels” to look at curbing the powers of the judiciary, the functioning of prerogative powers and the relationship between government and Parliament raises wider issues about our constitutional democracy. I assume the experts for these panels will be chosen by Michael Gove and Dominic Cummings—not a basis for broader public consent and certainly not the manifesto’s promise of a
“look at the broader aspects of our constitution”.
After all, many speeches in this debate have argued that we now need to look at our constitutional arrangements as they interact, including with the devolved nations, not tackle different aspects of our constitution piecemeal as this Bill does.
I recommend to the Minister for his holiday reading the excellent new book by Anne Applebaum, Twilight of Democracy. She traces the way in which friends she and her husband used to regard as democratic conservatives in Britain, the United States, Poland and elsewhere have slid towards an acceptance of authoritarian populism, claiming that their party is “the real people’s party”—as the noble Lord, Lord True, said recently—and that it alone stands for the people, while dividing their countries and undermining their institutions and the rule of law.
There are those within the current Government who are clearly tempted by this betrayal of the Conservative constitutional tradition. I hope that in the consideration of this Bill and in wider discussions of judicial, parliamentary and executive reform, the Minister and his colleagues will stay true to the Burkean tradition and carefully resist efforts to weaken the conventions and rules that underpin our constitutional democracy.
Lord Wallace of Saltaire
Main Page: Lord Wallace of Saltaire (Liberal Democrat - Life peer)Department Debates - View all Lord Wallace of Saltaire's debates with the Cabinet Office
(4 years, 3 months ago)
Grand CommitteeI call the next speaker, the noble Lord, Lord Liddle. No? I call the next speaker, the noble Lord, Lord Wallace of Saltaire.
My Lords, the case for extending voting to 16 year-olds is getting stronger year by year. We already have the problem that our generation—the elderly Members of the House of Lords and others who can vote only in local elections—now have a rather disproportionate impact on the way Governments operate and choose financial priorities, because the old vote in larger numbers. There is a case, therefore, for increasing the weight of the young, and a very strong case for combating the disillusion and disengagement from British politics that younger generations now have by encouraging them while still at school to see themselves as citizens taking part in the electoral process.
The issue we have is how far we think it possible or even likely that, within the next eight to 10 years, this may be carried into law. There may well be a change of Government at the 2024 election. If we have already reconstructed the boundaries, we need at least to have a look at what such a change would do.
I add in passing that, if we still have a Conservative Government, and if the Conservatives hold to their previous commitment to expand the allowance for overseas voters to vote beyond a 15-year period after they have left the UK, that would also distort the figures considerably. Do the Government have any plans to extend voting for overseas voters, or have they conducted on that issue yet another of Boris Johnson’s U-turns, having discovered that Britons who live abroad are often rather internationally minded and therefore are not certain to vote for this rather narrowly nationalist-minded Government?
The Government want to draw the net very tightly about the balance between voters in different constituencies. Here are two matters—the extension of the vote to 16 year-olds and, potentially, the extension of the allowance for voting to overseas voters—which could blow that balance out of the water. It makes a great deal of sense to at least assess what the impact would be as a result of that change. I hope that the Minister will either answer my question on whether the Government have any plans to extend overseas voting rights or at least write to me on that matter.
I thank all noble Lords who have supported the amendment. I will simply make two points. First, as my noble friend Lady Gale said, Scottish and Welsh 16 and 17 year-olds have, or will have, the vote, but do not appear in the numbers on which their constituency boundary is drawn. That does not make sense. We just want it examined. Secondly, I give a gentle warning to the noble Baroness, Lady Scott, and, indeed, her Government. After the summer we have just had, with the disruption to the education and futures of 16 and 17 year-olds, her staunch refusal to consider or even discuss the issue, indeed, not even to allow the Boundary Commission to look at any impact, will not go down well with the exact voters who will be 18 at the next election. They will have heard her words today, but I do not think they will be impressed.
I personally regret her response—it feels short-sighted and over dismissive of the ask. It would not undermine the independence of the Boundary Commission. It would enable it to report on an important issue of franchise. For the moment, I beg leave to withdraw the amendment.
My Lords, the Minister quoted the manifesto commitment not to lower the voting age. I have just checked the Conservative manifesto and it has the parallel commitment:
“We will make it easier for British expats to vote in Parliamentary elections, and get rid of the arbitrary 15-year limit on their voting rights.”
I want to press the Minister on whether the Government actually plan to implement that manifesto promise within the lifetime of the coming review. If they propose to carry this manifesto commitment through, they should at least allow for this, given that they do not actually know how many of the 5 million British expats might now register. It could blow the entire exercise well out of the water.
I thank the noble Lord. I am sorry if I did not answer his question. I did not believe it was in the scope of this amendment. I do not have the answer, but I will make sure that he has a written response.
My Lords, I declare an interest as the Lords Minister in the coalition who had to carry through the change in patterns of electoral registration. I still carry some of the scars from the speeches made by the noble Lords, Lord Wills and Lord Campbell-Savours, and others during those debates. That was when I became well aware of our antiquated system of electoral registration, which we inherited from the days when only heads of households voted. I was also conscious that changing to individual registration was like the 1999 House of Lords report: a halfway house that was not going to take us all the way.
During our discussions within the Cabinet Office I also became interested, for the first time, in digital transformation in government. It was clear that if we were to make much fuller electoral registration our aim, we would have to employ data sharing and data transfer. I remember my shock when we approached the Ministry of Transport on whether we could share at least the outlines of addresses and names in the driving licence scheme. The DVLA and Ministry of Transport’s first response was to say no. I understand that we now compare the names and addresses of people with national insurance numbers on the DWP database with electoral registrations. That is a step forward. We all know that moving toward data sharing within government is a complicated and sensitive area where we must take great care.
I remark to the noble Lord, Lord True, and the noble Baroness, Lady Scott, that responsibility for this matter has just moved back from DCMS to the Cabinet Office. They will therefore answer to us when the Government, if they hold to their promises, publish the digital strategy White Paper which they have promised before the end of this year.
I remind the Minister that the Conservative manifesto refers to voting as an expression of someone’s “full citizenship rights”. If it is a mark of one’s full citizenship rights, we should do our utmost to ensure that all citizens are on the register. We have this problem in Britain that many people do not want the state to know who and where they are. Thus, the concept of citizenship is itself in some ways contested. We need to move towards automaticity, if I may use that term. We will move slowly towards it, rather than relying on underfunded and overworked electoral registration officers at the local level to fill this 6 million to 9 million gap.
The noble Lord, Lord True, was unhappy that I hinted at Second Reading that some Conservatives are as concerned to exclude some people from the register as to include everyone in voting. If that is the case, let us do whatever we can to include everybody. That means moving towards use of comparative databases to ensure that everyone is on the register. Rightly, the noble Lord, Lord Hayward, raised the question that some people do not want everyone to know where they live. That raises large issues of transparency versus privacy, which we will again want to debate.
We also understand the questions of publicly-owned digital identity. That is another sensitive area, on which the noble Lord, Lord Campbell-Savours, takes a strongly held view. I take a middle view, and there are others who believe that privacy overrides the right of the state to know who and where we are, or the right of the citizen to have access to all the public data the state holds on them. This is an area that we should look to move further forward on. That means we have to move towards automatic voter registration, including for retainers. I therefore support the amendments.
The noble Lord, Lord Liddle, has withdrawn his name from the speakers’ list, so I call the noble Lord, Lord Tyler.
Lord Wallace of Saltaire
Main Page: Lord Wallace of Saltaire (Liberal Democrat - Life peer)Department Debates - View all Lord Wallace of Saltaire's debates with the Cabinet Office
(4 years, 3 months ago)
Grand CommitteeMy Lords, this is a pretty odd grouping, is it not? You have one amendment on the links between constituencies, one on Devon and Cornwall, and one on Wales. It would have been even worse if I had not insisted on degrouping my amendment on Brecon and Radnor, for which the Committee will pay a price when I introduce it in a few minutes’ time. The grouping is so wide and disparate that I do not have a great deal to add, so I will not.
First, I totally agree with the amendment in the name of my noble friend Lord Foulkes about local ties, which seem wholly to have been ignored by the Government in drafting the Bill, and which I will come back to in the Brecon and Radnor context.
Secondly, I totally agree with my noble friend Lord Hain about the underrepresentation of Wales—the noble Baroness, Lady Finlay, and a few other noble Lords came in behind him. I will say only that even the 15% variant would not deal with the Brecon and Radnor problem; it deals with certain problems but not with that.
Finally, on the epoch-shaking issue of Devon and Cornwall, I am in no doubt about the passions that this stirs in that part of the country, but I know nothing about it or those passions, and therefore I will remain silent.
My Lords, I hesitate to intervene on Welsh and Scottish matters, in particular on the complications of the geography of Wales, beyond saying that of course all the regions of this country have large and disparate constituencies. One of my strongest memories of the early days of the coalition Government was of standing in William Hague’s office in the Foreign Office, discussing with him where exactly it was as you moved from Richmond up Swaledale that you lost mobile phone coverage, and seeing the horrified expression on the face of his private secretary as he realised that the Secretary of State would be unattainable in large areas of his extremely large and remote constituency. Yorkshire also has large constituencies.
On the question of the union as a whole, I will say only that we should all be very worried about its future. I have close relatives who live and work in Edinburgh, and each time I talk to them, I get increasingly concerned about the future of the union. The image they have of a competent Government, who also value international ties, as opposed to the incompetent and English nationalist Government in London, gives me no guarantee that if there were another independence referendum, they would not vote to support independence. We also know the games that are being played over the future of Northern Ireland. I leave it for the Minister to reflect that we have a Government who are playing fast and loose with the union even as the Prime Minister insists that he is doing his utmost to defend it, and we need to be extremely cautious about that.
I most want to focus on Amendment 18, which talks about the importance of retaining local ties. I remind the Minister that the Conservative manifesto last December made no reference to a 5% variation as the limit, but said:
“We will continue to support the First Past the Post system … as it allows voters to kick out politicians who don’t deliver, both locally and nationally.”
That is the way one can defend the first past the post system—it is about having a recognisable community which each MP represents and in which the voters are aware of the link between the constituency and the MP. When I first started out in politics, I remember many Conservative MPs who would say, “I represent all the voters in my constituency, not just the ones who voted for me”. That was the old approach to this. The noble Lord, Lord Hain, has already said that the important thing is whether you can identify with the constituency you live in. I remember in the 2010 election standing in the middle of the marketplace in Huddersfield, canvassing for the Liberal Democrats, and every other voter who came up to me on market day said, “I live in so and so—can you tell me which constituency I am in?” We are only half way towards the problem that most voters do not know what constituency they live in. If we move boundaries more and more frequently, and more and more without reference to the idea of local community, we are moving away from the principle of the first past the post system.
I am sure that the noble Lord, Lord True, knows Edmund Burke off by heart, and his references to the importance of localism—of the “little platoons” in which people live. We are in danger of losing that connection. As we lose it, we weaken the connection between the voter and their elected representatives, and we therefore weaken trust in democracy as the idea of politics becomes one of a distant game in Westminster not connected with the voter on the ground.
I fear that the devolution White Paper, when it is published next month, may make that worse. We already have in cities such as Leeds and Bradford local wards which are 12,000 to 15,000 voters per ward. That means of course that in Leeds there are only four wards per constituency, which is one of the reasons why the question of dividing wards up as you adjust the numbers for the Leeds constituency comes up so frequently. Many of these wards used to be entire urban district councils. The gap between the most local elected representative and the voter has already been severely damaged, and I fear that next month’s devolution White Paper will have little to do with devolution but much more to do with weakening local government further. I appeal to the Minister, whose distinguished record in local government I am well aware of, and as someone who cares about local government, to bear in mind how important it is to restore trust in democracy among our voters by recognising that democracy starts at the local level and requires a link between voters, their local community and democracy as such through their elected representatives.
Given that, Amendment 18 is important. We should not lose sight of this. We do not wish to follow the United States down the road where each district is redrawn after almost every election according to partisan forms. Under a Conservative Government we follow American politics far too often in far too many ways. We need politics to regain its sense of the local, the national and the regional. That is why I strongly support this amendment.
Lord Wallace of Saltaire
Main Page: Lord Wallace of Saltaire (Liberal Democrat - Life peer)Department Debates - View all Lord Wallace of Saltaire's debates with the Cabinet Office
(4 years, 2 months ago)
Lords ChamberMy Lords, when the Constitution Committee considered the Bill, we took the view that the removal of Parliament’s power to block Boundary Commission recommendations was constitutionally appropriate and therefore welcome. But we warned that automatic implementation of Boundary Commission recommendations would protect against undue political influence only if the commission itself is genuinely independent. This makes the selection and appointment of impartial boundary commissioners, independent of political influence, all the more important.
The noble and learned Lord, Lord Thomas of Cwmgiedd, has, at this stage of the Bill, moved an amendment that incorporates both his own original and entirely appropriate insistence that the Lord Chief Justice, not the Lord Chancellor, should make the appointments, and some of the other suggestions that the Constitution Committee referred to, which have been mentioned, in particular, by the noble Lord, Lord Hayward. The Minister should listen carefully to the noble Lord, who knows what he is talking about when it comes to boundary hearings. His insistence that we need to safeguard independence is entirely justified, and I hope that his disagreement with other aspects of the amendment will not deter him from continuing to support the efforts of the noble and learned Lord, Lord Thomas, to achieve the kind of independence that the noble Lord has recognised is important.
No assurances the Minister can give could possibly satisfy us that we have guarded against the danger that lurks here. That is because we are talking about any future Government, of whatever political party, who have a majority in the House of Commons, and thus the prospect of using that majority to disrupt the electoral process, or pervert it to their advantage, in ways that will always be defended on the most respectable grounds, beneath which, however, will lie political motives —motives of party advantage and protection.
What is extremely likely to happen is that, at some time in the future, a Government, recognising that they can no longer block Boundary Commission recommendations or delay them until after the next election, will say, “We’d better make sure we don’t get unwelcome recommendations that are disadvantageous to us, and which we might think are wrong in principle. We must stop that from happening by appointing to the Boundary Commission people who have got the political message—people who understand the significance of ensuring that our views remain predominant in any future Parliament.” These things happen; they are part of the reality of political life, and constitutional provisions are there to protect us from their malign influence.
Along with that, of course, goes perceived impartiality, to which the noble Lord, Lord Janvrin, referred. We are in an era when the principle of getting one’s revenge in first seems to apply in the United States. President Trump says, “If I win the election, it’s fine, but if I lose, it’s because the election has been rigged.” So he has already started his attack on the postal ballot provisions in American election procedure. That is an illustration of the fact that the impartiality of the electoral process is easily traduced or complained about, and if there are aspects of it that, on sound authority, can be shown to be at least weak in protecting impartiality, they will be criticised and exploited, and will be used as arguments to question the validity of the democratic process, at least in some individual seats, if not in the election as a whole.
This is an important matter, and I am disappointed, because I thought the Minister had realised that something could be done about it. There is still time for a Third Reading amendment that would at least pick out some of the proposals of the noble and learned Lord, Lord Thomas. To fail to act on that is to compromise an otherwise sensible and constitutionally appropriate change, by leaving this matter open to political pressures of a kind that cast doubt on the validity of elections.
My Lords, as the noble and learned Lord, Lord Thomas of Cwmgiedd, has argued, the amendment reflects a constitutional principle. In an effective democracy, in which the power of the Executive is limited both by the rule of law and by the scrutiny of Parliament, regulatory authorities independent of undue executive influence play a vital role. Separation of powers between legislature, courts and Executive is central to constitutional democracy —and, as the noble Lord, Lord Hayward, said, they must be seen to be separate.
We are all painfully aware of the baleful impact of gerrymandering in American politics. The institution of independent Boundary Commissions is there to ensure that political representation in the United Kingdom does not follow any distance down that path. The change in the position of the Lord Chancellor that took place in 2005 makes it entirely appropriate, therefore, that the Lord Chief Justice should now inherit that role in England.
Our current Government have recently demonstrated worrying tendencies towards authoritarian populism. Their attacks on the Supreme Court and on judicial review have uncomfortable echoes of the approaches of the Polish and Hungarian Governments. The Electoral Commission is now under sustained attack, including from a co-chairman of the Conservative Party, for attempting to enforce the rules on campaign spending and political advertising. Calls from some Conservatives for its abolition suggest that they reject regulation of electoral campaigning as such.
My Lords, I am not going to go back over all the arguments about 7.5%, 5%, 10% and so on; they have been wonderfully rehearsed by noble Lords who are much more knowledgeable than I am. I want to take this opportunity to make a general point about the process in relation to parliamentary constituencies.
We go to great trouble, as noble Lords said earlier this afternoon, to protect the effectiveness and neutrality of the Boundary Commission. It seems to me to be in complete contradiction to that to allow the Government of the day, effectively, to decide matters that are greatly going to affect the electoral geography, such as the number of years—as we debated yesterday—for which a Boundary Commission report should apply or, in this case, the degree of variety that should be permitted in their size.
Across the Atlantic, we have a dire warning of what happens when you let politicians decide for themselves on the rules that will determine whether they are elected. The danger of appearing to be partisan when doing it our way seems to me great, and more effort should have been made by the Government and, I am sure, by others to achieve a consensus reform of parliamentary boundaries—we all agree there should be one—rather than one that can be accused of being partisan and that is, in any case, not being addressed with the seriousness that should apply.
I speak as someone who worked for the late Jim Callaghan, who was for a long time an esteemed Member of this House, as well as, briefly, an esteemed Prime Minister. In 1969, Jim Callaghan got his own party to vote down a set of recommendations from the Boundary Commissions for purely partisan reasons. Lord Callaghan, being of a different mould from many of the politicians who lead us today, had the decency in later years to admit that he had made a mistake and that he deeply regretted his actions. We are making a mistake in accepting a Bill so close to the one that was presented. It would have been very much better if there had been a process of negotiation and compromise, rather than an edict brought by a political majority. It will represent a further erosion of the esteem in which our Government and our Houses of Parliament are held.
My Lords, I cannot understand why the Government continue to insist on this reduction in the variation of size between constituencies. The original justification was the Conservatives’ complaint that the width of variation created a structural imbalance in favour of Labour. Others have pointed out that this arose from differences in levels of electoral registration, in turnout and in the size of majorities. The last three elections showed that this allegedly structural bias had disappeared. It must be inertia at Conservative Party headquarters that explains why the Government are persisting with it.
As the noble Lord, Lord Foulkes, said earlier, in our unwritten constitution the House of Commons is supposed to a body that represents communities throughout the United Kingdom, not just an electoral college that votes for the Prime Minister. The first-past-the-post voting system rests upon the principle that there is a close relationship between each MP and his or her constituency, which means that each MP, and each voter, needs to grasp which constituency they are in and its relatively natural boundaries. Throw that out—as the noble Lord, Lord Blencathra, suggested that we have begun to do—and, as the noble Lord, Lord Foulkes, argued, you have made the case for proportional representation instead. The noble Lord, Lord Taylor of Holbeach, said that this widening of variation would be “unfair to the voter”. Let us have a wider discussion about what a fair voting system would be, if he wishes. This is nothing to with overall fairness for the voter.
This Government are chipping away, bit by bit, at many of the assumptions and conventions which constitute our constitution. Last December’s Conservative manifesto pledged to establish a commission
“to look at the broader aspects of our constitution”
before the end of this year, which is now less than three months away. Since then, we have heard nothing about this, nor does there appear to have been any consultations with other parties about the membership and working of such a commission. I do not see how a constitutional commission could possibly gain legitimacy if it emerged only from the Government, without any wider process of consultation or consent. Can the Minister tell us if the manifesto pledge has now been dropped, delayed for the indefinite future or is about to be sprung on us without prior consultation?
In the UK’s constitutional tradition, each MP represents a place, a recognisable community. To reduce the variation among constituency sizes to the narrow band which the Government propose weakens that link between MP and local community. Honest and traditional Conservatives, those who still remember and revere Edmund Burke, Benjamin Disraeli and Harold Macmillan, should join others in this House in supporting the amendment.
My Lords, I speak briefly against the amendments in this group.
As I said in my remarks on group 2, this Bill is about balance and fairness. It seeks to redress the inequality of constituencies. Fundamentally, the purpose of boundary reviews is to ensure that constituency boundaries are of equal size and based on updated figures. In reviewing constituency boundaries, I believe that a tolerance range of 10% strikes the right balance, allowing the Boundary Commissions to propose constituencies 5% larger or smaller than the quota. Any larger figure would simply mean that constituencies continue not to be properly equalised, perpetuating unfairness. I make these comments notwithstanding the exceptions made for protected constituencies, and with the addition of Ynys Môn.
In Committee and again today, some noble Lords have expressed a shared concern about the need for communities to be kept together within single constituencies, about particular geographies being respected, and, therefore, about greater flexibility being required in the redrawing of boundaries. This understandable sentiment has been balanced with the importance of ensuring that every elector’s vote carries the same weight; that every person has the same call on their local MP. The tolerance of 10% strikes the right balance, ensuring an approach that allows appropriate flexibility for the Boundary Commissions to consider important local factors such as geographical features and community ties, without introducing significant variability. Any greater tolerance for disparity between constituencies is totally inequitable. I ask noble Lords to consider that the elected Chamber—those Members of Parliament who are directly affected by any boundary changes—has agreed that the variance in seats of 10%, plus or minus 5%, strikes the right balance. I urge noble Lords not to support these amendments.