Votes at 16

Debate between Mark Field and Mark Harper

Tuesday 6th May 2014 Westminster Hall

[Mr Harper]

Yes, but the important point that I have made was that they are not allowed to join the armed forces without their parents’ permission, so we do not accept that they are able to make such decisions. I accept that there are some things that people can do at the age of 16. The age of sexual consent is 16, although there are two scenarios in which we do not accept that someone under 18 is able to make a sensible decision. In a case under the Sexual Offences Act 2003 of abuse of a position of trust, we make a distinction between those aged 16 or 17, and those aged 18 or over. We make a similar distinction about whether someone is able to consent to be in pornography. We say that they are unable to do so until they are 18, for sensible reasons of child protection that I very much support.

[Mark Field]

My hon. Friend is making an important argument. It is also the case—perhaps he will come on to this—in relation to the purchase and consumption of tobacco products. The trend has been in an upwards direction, with the threshold age now 18. Likewise, in relation to driving, there is now a strong lobby that suggests, perhaps for good reasons, that people should not be behind the wheel of a car on their own under the age of 18. My hon. Friend is making a positive case that there is no consistent move towards the age of 16. If anything, we are militating in the opposite direction, with many of the threshold ages moving towards 18 and the age of majority.

[Mr Harper]

My hon. Friend makes a good point; I was coming to that. I have been involved in this argument since I was elected to Parliament in 2005, and have heard many of the arguments used in favour of various ages of consent for various activities. He is quite right. It is interesting that in many cases the age has been going upwards, often for sensible reasons: we are saying that we want to protect children from certain activities and that we do not think that they can make sensible judgments on some issues. However, I find it interesting that those who are keenest on votes for 16-year-olds—those who think that 16-year-olds should be able to decide who governs our country—are often the same people who are keenest to say in many other areas that 16-year-olds are not able to make decisions, and to increase the age limit. My hon. Friend makes a sensible point, to which I will come in a moment.

The hon. Member for Rotherham discussed the school leaving age and people’s ability to go out to work. Again, the trend on that issue is in the opposite direction to the one that she proposes. We are now mandating education or training until age 18, although I recognise that that applies in England and not in Scotland, Wales or Northern Ireland. The driving age is one age limit that I, coming from a rural constituency, would rather keep at 17, because it enables children to be more mobile, especially those who have left school to go to work or those going into higher or further education. However, there are proposals to increase that minimum age as well.

We do not think that 16-year-olds should be able to purchase alcohol, but the age limit that has changed since I have been in Parliament, of course, is the one for purchasing tobacco, for sensible reasons. Personally, I have no problem with adults smoking. I do not think it is a pleasant habit, but I think that adults should be free to make the decision to smoke, although I would not do so myself. However, we think that we should protect children from tobacco, and we do not allow them to purchase it until they are 18. It would be a bit odd to say to children, “We don’t think you’re able to make a decision about smoking tobacco until you’re an adult, but”—to follow the hon. Lady’s argument—“we do think you’re able to vote for representatives who will make decisions about legislation.”

We do not let people gamble until they are 18, with the exception of playing the national lottery and buying certain scratchcards. Many film classifications still have an 18 certificate. We accept that there are many items of subject matter in films, videos and DVDs that we should not allow children to watch. Since I have been in Parliament, there has been an interesting debate—again, one of its proponents was someone who thinks that we should lower the voting age—after which the Houses of Parliament passed the Sunbeds (Regulation) Act 2010, in which we decided that those under 18 years of age were not capable of exercising a decision whether to have a tan or not. That may or may not be a sensible decision—I did not feel particularly strongly one way or the other—but I find it slightly odd that the same people who pass legislation saying that someone must be an adult to make such decisions think that we should lower the voting age. That is not very intellectually consistent.

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[Mark Field]

rose—

[Mr Harper]

I am spoiled for choice. I will give way first to the Minister, and then to my hon. Friend.

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[Mr Harper]

That is a good point. If my right hon. Friend will forgive me, I will come back to it, because I want to refer to what the Electoral Commission said about the voting age and the candidacy age.

[Mark Field]

My hon. Friend has set out the case well. To touch on what my hon. Friend the Member for Hexham (Guy Opperman) just said, does he share my concern that there is a lot of cynicism involved in the argument? The perception of the Labour party and the Liberal Democrats is that they will reap some electoral dividend by being modern and allowing 16-year-olds to vote, yet there is little good evidence to suggest that the voting age should be reduced, other than the idea that those political parties will benefit from the votes of that young age group and that those of us who take the hopefully more balanced view that it is not necessarily in the interests of the electorate to be extended in that way will suffer from being seen as old and fuddy-duddy.

[Mr Harper]

I do not share that concern, for two reasons. My hon. Friend mentioned people’s motivations for change. I am perfectly happy to accept that the hon. Member for Rotherham is setting out a case that I have heard before from those in favour of the argument, and that it is reasonable. It is, of course, the case that certain people are in favour of allowing 16-year-olds to vote for one reason only; I am thinking of one particular First Minister of Scotland whose only reason for wanting young people to vote in the Scottish referendum was that he looked at opinion polling evidence from some time ago and thought that they would be more likely to vote in favour of Scottish independence. That is the only reason why he supported allowing them into the debate. Subsequently, of course, polling evidence showed that young people have changed their minds and are now opposed to independence.

That is why I am relaxed about the issue. First, I think that we should treat younger people with respect and argue our view, even if it does not necessarily accord with theirs. I think that we will actually get some credit for being prepared to say things to people with which they might not agree, but which we think are right. Secondly, to go back to votes for women, there were people on the left who thought that enfranchising women would mean that women voted for them. The lesson for our party—less true recently, but certainly true for the bulk of the 20th century—is that the enfranchisement of women meant that the Conservative party was in power when we otherwise would not have been if only men had had the right to vote.

Immigration (Romania and Bulgaria)

Debate between Mark Field and Mark Harper

Tuesday 4th December 2012 Westminster Hall

[The Minister for Immigration (Mr Mark Harper)]

I congratulate my hon. Friend the Member for Kettering (Mr Hollobone) on securing the debate and on making his points in his usual robust fashion. I am pleased to be serving under your chairmanship, Mr Caton. I will try to address the concerns of my hon. Friend and those of my hon. Friends the Members for Peterborough (Mr Jackson) and for Cleethorpes (Martin Vickers), and of my hon. Friend the Member for Cities of London and Westminster (Mark Field), who raised a local issue—we will see how “canary in a mine” it is for the future.

To give some context, the Government’s overall position on immigration is clear. We want to bring down the unsustainable levels of immigration—net migration—that we have seen, and we are taking a range of measures. The Office for National Statistics figures published last week show that the net migration figures, including EU citizens, have actually fallen by a quarter, from 242,000 to 183,000 in the year ending in March. It is also worth remembering, as my hon. Friend the Member for Kettering accurately set out, some of the misjudgments made by the previous Government, who did not introduce transitional controls so, in effect, the United Kingdom bore the entire burden of the adjustment process.

On the latest figures, about a third of the people coming to the United Kingdom are from the EU, but 55% are from outside the EU, where our policy changes are bearing down, and about 14% are British citizens returning home. The bulk of our net migration, therefore, is from outside the EU and not from our EU neighbours. It is worth saying that to put the matter in context.

[Mark Field]

My hon. Friend the Member for Kettering (Mr Hollobone) referred to the reluctance of the Home Office to come up with any statistics in that regard. Is it fair to say that that is simply a case of once bitten, twice shy, and is due to a concern that such statistics might be superseded by events, as they were in 2003 and 2004 in relation to the A8 nations? Alternatively, does the Home Office have an idea in mind, but does not want to go public with it? If the latter is the case, will the Minister indicate the effect on local communities of the overall numbers expected to arrive from 2014?

[Mr Harper]

I assure my hon. Friend that the reason is simply that it is genuinely a difficult exercise. The difference this time is that we had transitional controls, as have a number of other European Union countries. We are not the only country that will have to remove our transitional controls at the end of next year. A number of other countries, including Germany, for example, will be doing that. It is difficult to assess where the Romanian and Bulgarian citizens who wish to move to another EU member state to exercise one of their treaty rights will choose to move.

The history is relevant, because there is no point in the Government effectively making up a number that is based on poor data or making a set of assumptions, which are effectively guesses, and bandying around a number that proves inaccurate. That is not sensible. It is more mature and open to say, “It is a difficult exercise and there are a range of factors,” then people can make a judgment about whether the Government are being frank. That is more sensible than picking a number out of the air, which appears to be what happened beforehand, that is used as a defensive mechanism for a period until it is shown to be untrue. That is not a mature way of treating the matter.

West Lothian Question

Debate between Mark Field and Mark Harper

Tuesday 29th March 2011 Westminster Hall

[Mr Field]

However much the hon. Gentleman would like to tempt me in that direction, I will not go down that path as it does not apply to today’s debate. However, he makes a serious point. In many ways, devolution was the saving of the Conservative party in Wales in the immediate aftermath of 1997, or at least after 1999 with the Welsh Assembly elections. We now have a stalwart group of Welsh MPs, roughly one quarter of whom are present today—that is until the boundaries change. [Laughter.] I will not be unkind to my colleagues. The Minister is blanching at the prospect of a cross-border Welsh-English seat if some people have their way.

[Mr Harper]

That is not possible.

[Mr Field]

Thankfully, I do not think it is possible with the legislation that has been carefully put into place.

I know that other hon. Members wish to speak, so I will say just a few words about what I consider would be the ideal situation. It is very much a pipe dream and an ideal. I agree with what my hon. Friend the Member for Monmouth (David T. C. Davies) said in his earlier contribution. We need to move towards the idea of an English Parliament. We do not need a whole lot more politicians—I hasten to add—but I would like to see all parts of the United Kingdom come under a federal umbrella, with identical powers for the Scottish, Welsh, Northern Irish and English Parliaments. There would also be the United Kingdom Parliament into which Members of the constituent parts would organise themselves on a pro rata basis. The United Kingdom Parliament would look at bigger strategic economic issues such as foreign affairs and defence. Many things that are already taken for granted in Wales and Scotland, such as policies on transport, health and a whole range of issues that are dealt with through the Assembly or the Scottish Parliament, would be tackled at national level. That is important because a huge amount of resentment is building up in England about what is seen as an unfair arrangement. Having a Conservative-led Government has probably helped to assuage that in the short term, but I fear that sense of resentment will become stronger as we go forward.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Field and Mark Harper

Tuesday 15th February 2011 Commons Chamber

[Mr Harper]

The hon. Gentleman was asking two questions. On the first, I have not had those discussions with the boundary commissions and I do not think it would be appropriate to do so. On the second, I am not sure that the direction would make the difference that he suggests, but he should put his question to the boundary commissions, rather than the Government.

[Mr Mark Field (Cities of London and Westminster) (Con)]

Could the Minister clarify the precise situation, because this is slightly confusing? Surely if England is to be divided into regions, each of those regions would have to contain a set number of seats, given that a particular day would be pinpointed. The notion that a particular constituency could cross a regional boundary must be nonsense. We have to work on the basis of a particular region having a certain number of seats, for example, 35 or 45. Any decision taken at the 11th hour for a constituency to cross a regional boundary would have a huge knock-on effect on all the other seats within that region.

[Mr Harper]

No, the process for allocating the fixed number of seats in the Bill is by country. So the 600 seats will be allocated between England, Scotland, Wales and Northern Ireland by the fair and impartial process set out in the Bill, which is generally accepted to be the best one for doing these types of divisions. The boundary commissions wanted guidance in the Bill about how to divide up England so that they did not have to do it all in one go. So they will use regions as a starting point, but nothing constrains their ability to cross regional boundaries if they think that that makes sense, taking into account the factors that they are able to consider. The regional boundaries and the allocation of seats to regions are not hard and fast things set out in the Bill.

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[Mr Harper]

I can understand why hon. Members are asking me these questions, but these are matters for the boundary commissions. One of the things that we made very clear in the debate when we were being accused of gerrymandering by the Labour party was that in our system the boundary commissions draw the lines, whereas in some other countries those lines are drawn by political parties in legislatures. We have set the guidelines for the boundary commissions and the rules are in the Bill, which we hope will be passed by Parliament and thus enacted. The detail of how the boundary commissions go about that work is a matter for them and they are experienced in doing such work. When they have these public hearings, having published their proposals, they will set out the nature of the scheme under which they are going to listen to people, and they will be very clear about how they have reached their decisions. These are matters for the boundary commissions. I can understand why my hon. Friend is trying to tempt me on this, but it would be wrong for Ministers to try to get involved in directing the boundary commissions on how they carry out their work.

[Mr Mark Field]

Does my hon. Friend not appreciate the concern that when we are discussing whether there should be any variance, be it of 5% or 7.5%, it is important to know how the process operates? If the entire United Kingdom—its 650 seats—were to be considered at once, there would be almost no need for any variance. If things are considered on the basis of smaller clusters, one can see the relevance of having that sort of variance, particularly if there is also a desire to avoid crossing ward boundaries. We do need to have an understanding of the process. If we do not have at least a basic understanding of how it will operate, it will be difficult for us to make any value judgment as to where the variance should lie, which is the subject of amendment 19.

[Mr Harper]

I do not agree with my hon. Friend’s analysis that if we were conducting a single review across the whole United Kingdom, we would not need the plus or minus 5% flexibility at all. We would still need it. At the extreme, we could say that every constituency had to be exactly the same size. We would then end up with a map with lots of straight lines on it, but I do not think anybody would think that that was satisfactory. We therefore set a plus or minus 5% variance, so that the boundary commissions can get seats pretty close to that quota, in order for votes to be of equal weight, but they can also take properly into account the things that hon. Members and those outside this place think they should be able to consider. I do not believe that he was in for the earlier debate, but he will know that the former Member for his constituency had an amendment in the other place proposing that the boundaries of the City of London can be explicitly examined, and I hope that he will welcome that. These are matters for the boundary commissions and we should not be prescriptive about how they carry out their work.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Field and Mark Harper

Monday 25th October 2010 Commons Chamber

[Mr Mark Field]

I agree with what the Government are trying to do in new clause 19; they have taken on board some of the concerns expressed by the Select Committee. However, I want to ask the Minister a question about the increasingly important influence of the new media. Does he not feel—I appreciate it will not apply to this particular referendum—that much of our legislation, particularly that dealing with media comment, is now ripe for a much more radical overhaul? This could be the first referendum in which we see a significant amount of money being spent by online providers trying to put their message across—in both the English and the Welsh language, I suspect—on this issue. Much of the legislation already in place looks more towards 20th-century and perhaps even, in some cases, 19th-century media. Much of the new media will have a greater impact—not just through blogs, but through a whole range of forums coming under the auspices of existing magazines and periodicals—so I would like to know what indications the Government have had about the likely costs and whether they will count towards the amount of election expenditure.

It strikes me that we are now living in a much-changed world. Younger voters in particular are less likely to look at newspapers, periodicals or even the television as the most important mechanism for getting comment on political and other related matters. There is concern that a great deal of our legislation requires a much more radical overhaul than people appear to have in mind. Given the context of where we are today, however, the new clause provides a sensible way forward, taking into account many of the concerns expressed by the all-party group.

[Mr Harper]

I am grateful to the hon. Member for Rhondda (Chris Bryant) and to my hon. Friend the Member for Cities of London and Westminster (Mr Field) for raising a number of questions. Let me step back a little and explain why we tabled the new clause.

The problem arises from the definition of the word “material” in schedule 13 of the Political Parties, Elections and Referendums Act 2000. The reason for the concern —some media organisations were worried—is that there was some ambiguity about the meaning. We think “material” means leaflets and other campaigning items, but we decided to fix any ambiguity.

The hon. Member for Rhondda asked me why we prefer our new clause to the amendment that the Committee had tabled. That amendment changed section 117 of the 2000 Act, with the effect that media costs were still categorised as referendum expenses within the regulatory regime. The amendment further specified that although these were referendum expenses, there was no need for individual bodies to be permitted participants if they wanted to spend more than that. That might not have been the Committee’s intention, but that is how we thought it would work. By comparison, our amendment simply says that those media costs are not referendum expenses at all, so they are not subject to the regulatory regime set down by the Act. We think that that provides a more direct and less confusing approach than the Committee set out in its amendment. Our new clause has the same spirit and purpose, but we prefer it, as I have explained.

The hon. Member for Rhondda asked a number of questions. As to the definition and use of language, our approach is to use the equivalent provisions in the PPRA that regulate third-party activity in elections, which have been in place since 2000. The commission responsible for regulating the provisions is happy with how it has been defined and will issue some guidance setting out the case in a little more detail. As I have learned, it is not terribly helpful—to use a ghastly phrase—to have undue specificity on the face of the Bill, whereby every single possible definition of a media outlet is set out. If that is done, but one possible meaning is not captured by the definitions, it makes it easy for a person to argue that they are not covered. Having a broader definition, about which the commission can issue guidance, is much more likely to hold up legally, particularly when it comes to some of the new media to which my hon. Friend the Member for Cities of London and Westminster has rightly drawn our attention.

I shall come to my hon. Friend’s point about the future in a moment, but we have followed the approach in the PPRA and made it explicit that, in the case of this particular referendum, the regulations will be the same as those applying to third-party activity in elections. I think that, because the referendum and the elections are to take place on the same day, it is important for us to apply the same regime to both.

Parliamentary Voting System and Constituencies Bill (Programme) (No. 2)

Debate between Mark Field and Mark Harper

Tuesday 12th October 2010 Commons Chamber

[Mr Harper]

Given the previous Government’s record on this matter, I would have thought that my hon. Friend would recognise that we are allowing extra time today to take account of the fact that we have just had a rightly lengthy and well attended statement. We granted extra time so that that statement did not unduly eat into the time available for debating this Bill. As I said, I would have thought that my hon. Friend, given his concern for Parliament, would have welcomed the progress made. We may not have gone as far as he would have wished, but I think that even he would recognise that we have gone some way further than the previous Administration did. I see him nodding his assent.

[Mr Mark Field (Cities of London and Westminster) (Con)]

I accept, and give credit to party managers for ensuring, that we have a certain protection of time up to 11 pm today. However, does the Minister understand our concern that later in our consideration—certainly for the third and fourth day—a significant number of amendments have been tabled, so that we may not have enough time to debate the many issues surrounding exempted constituencies, for example, simply because a guillotine will come into force at 11pm or some other specified time?

[Mr Harper]

My hon. Friend makes a perfectly sensible point. We have allowed the number of days allotted and included some extra time, but we will clearly keep that under review. He will have noticed that on the fourth day—the same day as the comprehensive spending review—we have allowed an extra two hours for the Committee to sit. We have tried to take that into account, and it is also in the interest of Members to balance the time allotted to different parts of the Bill. As I say, however, we will keep this under review and see how the debate progresses. I have heard what my hon. Friend says, and I will review progress.

[Mr Field]

The Minister says that he is going to keep this under review, so would he consider changing this programme motion in order to grant extra days of debate or put back the end-point? If we vote for the motion today, will it be set in stone, as reviewing it might not satisfy those of us who are concerned that elements of the Bill will not get the full consideration they need?

[Mr Harper]

My hon. Friend will know that on Second Reading, when the House voted by a considerable margin to support the principle of the Bill, it also supported the initial programme motion of 6 September, which set the number of days for debate. I listened very carefully to the wide-ranging debate on that day and picked out the issues that appeared to be of concern to Members on both sides of the House. That is what has driven this second programme motion—to try to ensure that the key issues are debated. Today, for example, we are to debate the date of the referendum and the question that it will put, and those issues will be debated. As I said, I listened carefully to the whole of the previous debate, so I believe we have captured the key issues. The House has already accepted that five days in Committee is the right period for consideration of the Bill.